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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART I-Section 1

PUBLISHED BY AUTHORITY

No. 66] NEW DELHI, MONDAY, APRIL 8, 1968/CHAITRA 19, 1890

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 8th April 1968

SUBJECT:—Import Trade Control Hand Book of Rules and Procedure,

1968.

No. 57-ITC(PN)/68— A revised edition of the Import Trade Control Hand Book of Rules and Procedure is issued under this Public Notice.

( 3 0 3)

49 G. of I. Ex.—1

303/2 'I'Hli GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

2. The following corrections may be deemed to have been carried out in the Import Trade Control Hand Book of Rules and Procedure, 1968:—

(i) in sub-paragraph 28(3) (ii), the following shall be deemed to have been added at the end:-—

"In such cases, applications for fixation or establishment of quotas will also not be entertained.''

(ii) In sub-paragraphs 84(1) ( b ) ( i ), 84(1 (c) and 84(1 ) ( d) the figure '2' appearing after the word 'Appendix', shall be deemed to have been substituted by the figure '3'.

(iii) In sub-paragraphs 84(1) (c) and 84(1) (d), the following shall be deemed to have been added at the end after the word 'factory':—

"and the import of a single item does not exceed Rs. 1,000/- in value".

(iv) In sub-paragraph 133(2), the figure '139' shall be deemed to have been substituted by the figure '140'.

(v) In sub-paragraph 134(3), the following shall be deemed to have been added at the end:—

"(In the case of textile, jute, hemp, rope, coal, quarries and tea machineries and equipments, the indigenous manufac- turers should send a copy of their reply to the concerned sponsoring authority also, such as, the Textile Commis- sioner in the case of textile machinery, the Jute Commis- sioner in the case of jute machinery, etc.)"

CHAPTER I

INTRODUCTION

Origin and Development of the Legislation

1. Origin: Import Trade Control was first introduced in India as a War-time measure in the early stages of the Second World War. A notifica- tion to this effect was issued on May 20, 1940, in exercise of the powers conferred by the Defence of India Rules. The primary object of this measure was to conserve foreign exchange resources for the successful pro- secution of War and to make the best possible use of the limited shipping space available. To begin with, the import of only 68 commodities, mainly consumer goods, was subjected to control. Subsequently, with the growth of exchange difficulties, it became necessary to extend the control to other commodities as well. On December 31, 1940, unmanufactured and semi- manufactured steel was brought under Control. On February 15, 1941, the

[PART I-Src. I] THE GAZETTE OF TNDIA EXTRAORDINARY 3o3/3

import of machine tools was controlled. On August 23, 1941, most of the remaining commodities, particularly capital goods and other goods required for industrial purposes, were brought within the ambit of Control. In January, 1942, the remaining few items were also subjected to control, thus covering the whole field of imported articles under the system of control. On July 1, 1943, a consolidated notification was issued pertaining to all the controlled items, except machine tools.

2. Development Legislation : After the end of the War and the lapse of the Defence of India Rules in September, 1946, Import Trade Control was kept alive by the Emergency Provisions (Continuance) Ordinance, 1946. This was replaced by the Imports and Exports (Control) Act, 1947 (18 of 1947), which came into force on the 25th day of March 1947. The Act was initially valid, for a period of three years. Thereafter, it was extended by two successive terms of five years each and one term of six years up to March 31, 1966. It has been further extended by five years up to March 31, 1971, Under this Act, the Central Government issued several notifications which were replaced by a consolidated Order called the Imports (Control) Order No. 17/55 dated December 7, 1955. This Order, as amended from time to time, continues to be in force. The Imports and Exports (Control) Act, 1947, and the Imports (Control) Order 1955, as amended, are reproduced in Appendices (1) and (2) to this book.

3. Items under Control: At present, the Import Control covers practically all articles. Such articles are included in Schedule I to the Imports (Control) Order, 1955, and their import is prohibited except under and in accordance with a licence or a customs clearance permit issued under the said Order, or an Open General Licence issued by the Central Govern- ment, or if they are covered by any of the 'Savings' mentioned in Clause 11 of the aforesaid Order. Import of gold, silver, currency notes, bank notes and coins is controlled by the Reserve Bank of India under the Foreign Exchange Regulations Act.

Licensing Authorities

4. The office of the Chief Controller of Imports was set up in New Delhi on August 23, 1941. Subsequently, other subordinate licensing offices were also set up.

5. (1) Apart from the Chief Controller of Imports and Exports, New Delhi (Telegraphic address CHIFCONIMPEX), there are the folbwing 15 regional licensing authorities. Their telegraphic address and jurisdic- tion axe given below:—'

Licensing authorities and their jurisdiction

Telegraphic Address

CONIMPEXTRA

CALCUTTA (i) The Joint Chief Controller of Imports and Exports, 4-Esplanade East, Calcutta, with jurisdiction over the States of Orissa, Bihar, West Bengal, Tripura and Andaman and Nicobor islands.

CONIMPEXTRA BOMBAY

(ii) The Joint Chief Controller of Imports and Exports, Central Govt. Offices, New Building, SE Wing, New Marine Lines, Church Gate, Bombay with jurisdiction over the whole of re- organised States of Madhya Pradesh, Maharashtra and Gujarat excluding those districts of Old Bombay State, which were formerly known as Saurash- tra and Kutch.

CONIMPEXTRA

MADRAS (iii) The Joint Chief Controller of Imports and Exports, Customs House, Madras, with jurisdiction over the whole of Madras and Andhra Pradesh except areas which are under the jurisdiction of Controller of Imports and Exports, Visakhapatnam.

CONIMPEXTRA NEW DELHI (iv) The Joint Chief Controller of Imports and Exports, Central Licensing Area, Indraprashtra Bhavan, 'A' Wing, New Delhi, with jurisdiction over the whole of Rajsthan, Punjab, Haryana, Delhi, Chandigarh and Himachal Pradesh.

CONIMPEXTRA

PANJIM

(v) The Deputy Chief Controller of Imports and Exports, Ashirvad Building, Panjim (Goa), with jurisdiction over the former Portuguese possessions in India, namely, Goa, Daman and Diu, and Dadra and Nagar Haveli.

CONIMPEXTRA ERNAKULAM (vi) The Deputy Chief Controller of Imports and Exports, T. D. Road, Ernakulam with jurisdiction over whole of Kerala State and Laccadive, Minicoy and AmindiviIslands.

CONIMPEXTRA

KANPUR

(vii) The Deputy Chief Controller of Imports and Exports, 7/194, Swaroop Nagar, Kan- pur-2, with jurisdiction over the whole of Uttar Pradesh.

CONIMPEXTRA

RAJKOT (viii) The Controller of Imports and Exports, Desai Building, Bhupindra Road, New Town Hall, Rajkot with jurisdiction over those districts of Old Bombay State which were formerly known as Saurashtra and now included in Gujarat State.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/5

CONIMPEXTRA PONDICHERRY (ix) The Controller of Imports and Exports, P. B.No. 14, Pondicherry, with jurisdic- tion over former French Establishments in India, namely, Pondicherry, Karaikal, Marie and Yanam

CONIMPEXTRA

VISAKHA- PATNAM (x) The Controller of Imports and Exports, K. C. P. Building, Harbour Approach Road, Visakhapatnam, with jurisdic- tion over the following six districts of Andhra Pradesh: Srikakulam, Visakha- patnam, East Godavari, West Godavari, Krishna and Guntur.

(xi) The Controller of Imports and Exports, CONIMPEXTRA BANGALORE Syndicate Bank Building, P. B. No. 688, Gandhi Nagar, Bangalore-o"with jurisdic- tion over the whole of Mysore State.

CONIMPEXTRA

AMRITSAR (xii) The Controller of Imports and Exports, C.B.R. Building, Mall Road, Amritsar, with jurisdiction for issue of licences to parties who have opted to obtain their licences from him for imports from Afghanistan.

CONIMPEXTRA

SRINAGAR (xiii) The Controller of Imports and Exports, Srinagar, with jurisdiction over the State of Jammu & Kashmir. (Note: During Winter, this Office is shifted to Jammu along with the Secretariat of the J, & K. Government).

CONIMPEXTRA

NEW KANDLA (xiv) The Assistant Controller of Imports and Exports, Customs House, New Kandla, with jurisdiction over those districts of Old Bombay State which were formerly known as Kutch and now included in Gujarat State (including New Kandla Free Trade Zone).

CONIMPEXTRA (xv) The Assistant Controller of Imports and

SHILLONG Exports, Morele Building, Shillong, with jurisdiction over the State of Assam, NEFA, Manipur and Nagaland.

(2) The jurisdiction of the licensing authorities for the purpose of licensing under the import policy for registered exporters is given separately in Chapter V of tins book.

49 G. of I. Ex.—2

3O3/6 THE GAZE'ITE OF INDIA EXTRAORDINARY [PART I-SBC. 1]

CHAPTER D

GENERAL LICENSING PROCEpURE

6. The instructions contained in this book will be applicable subject to such amendments as may be made in future and the provisions of the relevant Import Trade Control Policy Book.

Categories of importers

1. (1) For the purpose of licensing, importers are divided into the following broad categories :—

fi) Established Importers,

(ii) Actual Users :

(a) industrial,

(b) services (i.e. non-industrial),

(c) hospitals and institutions,

(d) actual users to whom licences are issued under the import policy for registered exporters,

(iii) Others.

(2) The applications for licences are considered in terms of the relevant policy in force.

Application Forms

8.(1) The applications for licences are required to be made on proscribed forms.

(2) There are separate forms of application for (i) established im- porters, (ii) actual users not borne on the registers of the Directorate General of Technical Development including small scale industries, (iii) actual users borne on the registers of the Directorate General of Technical Development, (iv) Public Sector project/undertakings, (v) Capital Goods and Heavy Electrical Plant, (vi) establishment of quotas or revision of quotas by established importers, and (vii) registered exporters. Application forms have also been prescribed for newspaper establishments and for revalidation of import licences. These forms are given in Appendix (3) to this book. The application form for registered exporters is given in Appendix (4).

(3) The forms of application can be obtained from all the licensing offices and also from authorised dealers in Government publications on payment of 12P per form. If the forms are not readily available, the applicants can use their own typed, cyclostyled or printed copies of the prescribed forms. The application forms prescribed for actual users other than those borne on the books of the DGTD, may also be available from I he offices of the State Directors of Industries.

(4) An applicant should submit one or more copies of the application us required under the rules or indicated in the prescribed application form

{PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/7

Persons authorised to sign applications

9. (1) Application for an import licence should be signed by a per- son duly authorised by the applicant. The position/authority held by the person signing the application should be clearly slated in the application.

(2) An application which is not duly signed by a person autho- rised to sign it on behalf of the applicant will be liable to be sum- marily rejected, without prejudice to any action that may be taken against the person signing the application. Application fees

10. (1) An application for import licence should be accompanied by a fee in accordance with the scale prescribed in Schedule III to the Imports (Control) Order, 1955, dated the 7th December, 1955, reproduced in Appendix (2) to this book. The scale of appli- cation fees has been revised with effect from the 1st April 1967, and the revised scale is applicable to all import applications, whether made on annual basis or others, (Appendix '2' contains the revised •scale of fees).

(2) An application for additional licence or replacement licence should also be accompanied by a fee in accordance with the pres- cribed scale.

(3) In respect of subsidiary licences, or duplicate licences, a fee of Rs. 5/- will be charged for each licence.

(4) In the case of 'second' appeal preferred to the Chief Con- troller of Imports and* Exports, New Delhi, against the decision of a licensing authority, a fee of Rs. 5/- is required to be paid.

(5) Head of Account: Fee should be deposited, in cash, at any Government Treasury office of the State Bank of India or the Reserve Bank of India, transacting the business of Central Government, for credit to the Central Government under a separate head 'Import Licence Application Fees', Subordinate to the major head XXXII Miscellaneous, Social and Developmental Organisation. The treasury or bank receipt must show the name of the department viz. 'Import and Export Trade Control Organisation', and particulars of the ap- plication for the grant of import licence, namely, description of goods for which the licence is applied for, with their value, and the licensing period, in the column: 'full particulars' in the Challan form T.R. 6, and must be attached to the application before submit- ting the same to the proper authority. The application also must contain details of the treasury receipt under which the requisite fee has been deposited.

(6) Applicants are advised, in their own interest, to prefer the treasury challans to the licensing authorities, complete in all res- pects. Incomplete treasury challans will not be accepted.

(7) In case where an applicant has lost the original treasury/ bank receipt or challan, the licensing authority may accept a certi- ficate from the treasury ofnce/bank/Accountant General Commerce, Works and Miscellaneous, New Delhi, in support of the amount having been deposited. In such a case, the applicant should also file an affidavit on a stamped paper to the effect that the treasury/ bank receipt/challar in question has been lost and has not been

49 G. of I. Ex.—3

303/8 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

utilised in obtaining or applying for a licence or for claiming at refund or in any other manner and that, if found subsequently, it shall be returned to the licensing authority concerned for record and will not be utilised in any manner. The particulars of the treasury bank receipt/challan namely\ the licensing period, the amount and description of goods etc. should also be stated in the affidavit.

Exemption from payment of fees

11.(1) Exemption has been granted from payment of fees on ap- plications for licences in certain cases in terms of Clause 4 of the Imports (Control) Order, 1955, dated the 7th December, 1955. Also- according to the Table in Schedule III to the said Imports (Control) Order, no fees shall be leviable on an application where the goods sought to be imported are required for the personal use of the appli- cant for purposes not connected with trade or manufacture, irres- pective of the value of such goods. This exemption is not, however,, applicable to the import of cars and other vehicles.

(2) Newspaper establishments applying for import of newsprint for a value covering a quantity of not more than 40 tons have also been exempted from payment of application fees.

(3) No fees shall be payable in respect of an application made by a State or Central Government or any Department or, Office of State or Central Government, or local authority, or an educational or charitable institution importing goods for its own consumption,, even if the import is made through another agency under L letter of authority.

(4) If any applicant belongs to any of the aforesaid exempted categories, he should say so clearly in his application for licence.

(5) No application fee will be charged in cases where the import of any Item has been canalised through a recognised agency and the actual users or others are allowed to obtain allotments of such goods; directly from such agency without making an application to the licensing authority concerned.

Refund of application fees

12. (1) The application fee once received is not refundable ex- cept in the circumstances specified in Clause 4 of the Imports (Con- trol) Order, 1955, dated the 7th December, 1955.

(2) An application for refund of fee will be entertained by the- licensing authority within whose jurisdiction the fee was paid. While making the application for refund, the applicant should eend" the original treasury/bank receipt or challan pertaining to the fee sought to be refunded. In case the original receipt /challan has been sent with the application for licence, the number and date of t he receipt/challan and the name of the treasury/bank where fee was deposited, should be given. The applicant should also furnish the following particulars in respect of the application for import licence,, if any, made or desired to be made, for which the amount of fee sought to be refunded, was deposited: —

(a) description and value of goods; (b) I.T.C. classification of the goods; (c) category of licence; (AU/EI/CG etc); (d) name of the licensing authority; (e) licensing period;

[PART I-SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/9

(f) name of the sponsoring authority if the application has been or was required to be submitted through any such authority; and

(g) reference number and date of the last communication re-

ceived from the licensing authority.

(3) The applicant should also state clearly the reasons for claim- ing refund of the application fee. Moreover, where an application for refund is not made within a reasonable time, the delay should be explained by the applicant. It may be clarified that no application for refund of fee is entertainable if made after the expiry of 3 years from the date when the right to have the refund of the fee accrues.

(4) The licensing authority may also call for any information or details from the applicant for considering his claim for refund.

(5) In a case where the applicant has lost the original treasury/ bank receipt or challan, the licensing authority may accept a certi- ficate from the Treasury omce/bank/Accountant General, Commerce, Works and Miscellaneous, New Delhi, in support of the amount having been deposited. In such a case, the applicant should also file an affidavit on a stamped paper to the effect that the treasury/ bank receipt or challan in question has been lost and no refund of the amount thereof has been separately claimed or obtained or will be claimed and that the treasury/bank receipt or challan, if found subsequently, will be returned to the licensing authority concerned and will not be utilised in obtaining or applying for a licence or In any other manner. The particulars of the treasury/bank receipt or challan, namely, the amount and the description of goods etc. should also be stated in the affidavit.

(6) The refund order issued to an applicant will be valid for a period of 3 months only in accordance with Rule 403-A of the Cen- tral Treasury Rules (Vol. I). Requests for revalidation may be considered on merits, for a period not exceeding 9 months from the date of expiry of the refund order.

Income-lax verification

13. (1) Subject to the exceptions made in these provisions, all applicants for import licences are required to obtain Income-tax Verification Certificate/Registration/Exemption Number from the ap- propriate licensing authority, and to quote that number in their applications for licences.

(2) Where the import of any goods has been canalised through a recognised agency and the actual users or others are required to obtain allotments of imported goods through such an agency, the applications for such allotments should also be supported by valid I.V.C. Registration/Exemption Number.

(3) The procedure for allotment of Income-.tax Verification Cer- tificate Registration/Exemption Numbers (I.V.C. No.) is set out in Appendix 5 to this book. It is not necessary for an applicant to obtain separate I.V.C, Registration/Exemption Number from each licensing authority; and the Number allotted by any one of the licensing authorities will be accepted by all the licensing authorities

303/IO T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

(4) The I.V.C. Registration/Exemption Number allotted against a complete Income-tax Verification Certificate will be valid for the financial year in which the certificate is issued and lor the sub- sequent two successive financial years.

(5) Applicants in whose cases the production of I.V.C. Regis- tration/Exemption Number, has been dispensed with, are catego- rised in the Appendix referred to in sub-para (3) above.

(6) Interim relief: In the absence of a valid I.V.C. Registration/ Exemption Number, where required, the applicant will be given a specified time to produce it, failing which the application will be lia- able for rejection. Applicants should, therefore, take steps to obtain their I.V.C. Registration/Exemption Numbers in good time so as to be able to quote the same in their applications for licences. However, In cases of genuine difficulty, the licensing authority may dispose of the application for licence from an actual user or established im- porter or registered exporter, in anticipation of the production of valid I.V.C. Registration/Exemption Number, and issue the licence, if otherwise admissible, advising the applicant to produce the re- quired number before the end of the relevant licensing period or within such time as may be specified. This facility will not, how- ever, be available to an applicant in two successive licensing periods.

Classification of stores

14. The Schedule I to the Imports (Control) Order, 1955, repro- duced in Appendix (2) to this book, commonly known as the I.T.C. Schedule, contains the classification of all the articles that enter into the import trade. The Schedule is divided into six parts and. broadly covers the following classes of goods: —

Part I.—Iron and Steel and non-ferrous metals and manufac- tures thereof.

Part II— (i) Metals and manufactures thereof, other than those cover- ed by parts I, IV, V and VI of the I.T.C. Schedule, (ii) Machinery, spares and mill stores required for certain Industries like jute, tea, iron and steel, electric supply undertakings, mines and quarries.

(iii) Engineering stores, such as ball bearings, small hand tools, precision and measuring tools, abrasives and belting, (iv) Certain types of electrical instruments, apparatus and appli- ances, electric control and transmission gear, electric fans and earthenware/porcelain used in electrical items and installations. (v) Transport materials. Part III.— (i) Certain chemicals and auxiliaries used in the textile indus- try other than jute and hemp,

(ii) Coal tar dyes and derivatives, (iii) Raw cotton. (Iv) Textile machinery and parts and mills stores for the textile industries other than jute and hemp.

Part IV.—Consumer goods. Part V.—Industrial requirements such as certain classes of machinery, chemicals, manures, paints, and colours and

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 o 3 / ll

printers materials, printing and lithographic materials, agricultural implements and instruments and apparatus and appliances, plastic materials and manufactures.

Part VI.—Machine tools.

Co-relation between I.T.C. and I.C.T. classification

15. An attempt has been made to co-relate, as far as possible, the I.T.C. Schedule (except Part VI) with the Indian Customs Tariff. A constant review is undertaken to ensure that whenever there are changes In the I.T.C. or I.C.T. classifications, such changes are co- related.

Correct classification to be ascertained before making any application for licence

16. (1) An intending importer should ascertain the correct I.T.C. classification of the goods he intends to import (with reference to serial or sub-serial number and part of the I.T.C. Schedule) so that he may be able to apply to the proper licensing authority for a licence and to know exactly the licensing policy in respect of the articles for which he is applying. If an article is incorrectly classified by an importer, there is a possibility of the application for licence be- ing diverted to a wrong licensing authority or of its being rejected. The importers should, therefore, in their own interest, make sure of the correct classification of the articles for which they are applying.

(2) An importer should also give the fullest description of the articles applied for so that any mistakes in the I.T.C. classification can be corrected while issuing a licence. Moreover, if an article if correctly described in the import licence, even if the I.T:C. classifi- cation shown against that item is not correct, the importer is not likely to experience difficulty in the clearance of goods on arrival. Procedure for ascertaining correct classification

17. (1) An exhaustive alphabetical index of articles is attached to Import Trade Control Policy Book issued from time to time; and this will enable the importer to ascertain the correct I.T.C. classifi- cation of any particular article. If an importer is in doubt in regard to the correct classification of any article, he should make a refernce to the appropriate regional licensing authority for clarification and advice in the first instance. To enable such authority to take a cor- rect view in the matter, the importer should give the fullest descrip- tion of the article in question, its end-use and the purpose of enquiry. He should also send illustrative literature, about that article and the sample thereof wherever possible. If the tariff item under which the article is assessed to duty by the Customs is known, it should also be indicated. The I.T.C. authorities will attend to such enquiries on an urgent basis.

(2) Where the regional licensing authority is not in a position te determine the correct I.T.C. classification of an article or where there is a difference between one regional authority and the other in re- gard to such classification, the matter is referred to the Chief Con- troller of Imports and Exports, New Delhi. Such references are re- solved by a Committee in the Office of the Chief Controller of Imports and Exports, New Delhi, where the Directorate General of

363/12 mE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

Technical Development and the Central Board of Excise and Cus- toms are also represented. The decisions taken in the Office of the Chief Controller of Imports and Exports in regard to the I.T.C. clas- sification are announced by means of Public Notices wherever neces- sary. Such decisions are also incorporated in the alphabetical index attached to the Import Trade Control Policy Book.

Currency areas

18. <1) Previously, the countries of the world were divided into two major groups (i) the Dollar Area and (ii) the Soft Currency Area, for licensing purposes. The distinction between Dollar and Soft Currency areas was removed from the licensing period April, 1961—September, 1961,

(2) Import licences of the following two types are now issued: — (i) "General Area licences" which are valid for import from

all countries; and

"Specific licences" such as licences issued under Capital Goods and H.EP. Schemes, licences issued for import from rupee payment area etc., which are valid for import from specified country or countries.

No licence is valid for import from South Africa] South West Africa. (General Area includes all countries except South Africa | South West Africa). Import licences are also not valid for import from Rhodesia vide Government of India, Ministry of Commerce Order No. 9/65 dated the 17th November 1965, from Tibet-region of China vide Ministry of Commerce Order No. S.O./3742 dated 17th December, 1962, and from Portugal vide Ministry of Commerce Order No. 9/67 dated 1st August, 1967.

Licensing period

19. Previously, the import policy was published, on half-yearly basis. But, with effect from the financial year April 1962—March 1963? the Import Trade Control Policy Book (Red Book) contains the policy for a whole financial year.

Import policy

20. (1) The import policy is announced on the eve of each finan- cial year by means of a Public Notice which is issued in the form of a book called the Import Trade Control Policy Book, commonly known as the "Red Book", which is a priced publication and is avail- able for sale with the licensing authorities at the ports and the Manager of Publications, Delhi, and other authorised dealers in Government publications. Any important changes in policy that may become necessary in the mid-term of the financial year, are separately notified by means of Public Notice.

(2) With effect from the period April 1968—March 1969, the im- port policy has been published in two separate Volumes. Volume I contains the import policy for established importers, actual users and others; and Volume II pertains to the import policy for Register- ed Exporters.

Licensing authorities

21. (1) Names of the licensing authorities and their juridiction are given in para 5 of this book.

{PART 1-S*C. 1] THg GAZETTE OF INDIA EXTRAORDINARY 303/13

(2) Unless otherwise provided, an application for import licence in respect of an item should be made to the licensing authority as shown in the relevant Import Trade Control Policy Book. Where ithe Licensing authority is shown as port or regional licensing autho- rity, the applicant should apply to the particular licensing authority under whose jurisdiction his business is established; but, in the case of an Actual User, the determining factor for this purpose is the location of the factory and not of tne management, and the actual .user should apply to the licensing authority within whose juris- diction his factory is located. However, in cases where any specific licensing authority has been shown against any item, as for exam- ple, Bombay, Calcutta, etc., all the applications for that item should be made to that authority irrespective of the jurisdiction of any other licensing authority in relation to the location of the applicant 3 .business or factory unless otherwise provided.

(3) The actual users should submit their applications for import licences to the licensing authorities as indicated for each category •of actual users in Chapter IV of this book through the sponsoring .authority concerned unless otherwise provided. Where an actual user has got factories and organizations at different places falling under the jurisdiction of different licensing authorities or one licens- ing authority, he should submit separate applications for each unit (i.e., in respect of each end product) to the licensing authority con- cerned through the sponsoring authority.

However, in case of scheduled units borne on the registers of DG'TD, the actual users having factories or organisations at different places, the head office may submit consolidated applications covering •the requirements in respect of raw materials, components and spare parts of all the factories and organizations in respect of the same end-product, to the CCI & E through the DGTD. The requirements •of each factory or unit may be separately enumerated in a list to be appended to such application. On such consolidated application, the licensing authority will issue separate licences in respect of each "factory/unit in terms of the policy in force if admissible.

(4) Where an established importer has more than one office in India, the location of the branch or office in whose name the quota certificate stands will determine the licensing authority to whom the application for licence should be made. Thus in the case of an established importer having offices in Delhi and Calcutta, if the quota certificate is in the name of Delhi office, the application should be addressed to the Joint Chief Controller of Imports and E"xpor*;s, Central Licensing Area, N.ew Delhi. The same principle will apply where different branches of an established importer have been func- tioning as separate entities and having their own quota certificates. A branch situated in the jurisdiction of Joint Chief Controller of Imports and Exports, Bombay, will apply to him for li"ences against all its imports through different ports, while the branch situated in the jurisdiction of, say, Joint Chief Controller of Imports and Ex- ports, Calcutta, will similarly apply to him on the basis of its total imports. The head office or branch of an established importer may, however, make a consolidated application for import licence on the Taasis of imoort standing in the name of the head office and all its branches. Such application should be accompanied with a certifi- •cate to the effect that all the other branches have not made and will

303/14 T HE GAZETTE OF INDIA EXTRAORDINARY ^PART I-SEC. 1J>

not make any application for import licence for the same period and the same item to any other licensing authority. In this connection,, attention is also invited to the provisions of para 46 of Chapter III regarding the selection of a common basic year by the head office- and all its branches.

Licensing authority in respect of iron and steel items

22. (1) The Iron and Steel Controller, Calcutta, Deputy Iron and Steel Controller, Bombay, the Assistant Iron and Steel Controller,. Madras, the Assistant Iron and Steel Controller, Faridabad, and the Officer on Special Duty, in the Ministry of Steel, Mines and Metals (Department of Iron and Steel) are the licensing authorities for certain controlled items of Iron and Steel, falling in Part I of the I.T.C. Schedule.

(2) I.D.A. industries : Actual users engaged in the I.D.A. priority industries (listed in Appendix 6) should, in respect of their require- ments for iron and steel items for these industries, apply for import licences to the respective I.T.C. authorities, and not to the Iron and Steel Controller's Organisation. In this connection, attention is in- vited to the procedure for submission of such applications laid down in Chapter IV of this book.

(3) Kandla Free Trade Zone: The licensing authority in respect of iron and steel items in the case of units situated in Kandla F r et Trade Zone, is the Assistant Controller of Imports and Exports, New Kandla.

(4) Registered exports policy: Applications for licences in;

respect of iron and steel items under the import policy for Register- ed Exporters should be made to the I.T.C. authorities, and not to the- Iron and Steel Controller's Organisation.

One application for each commodity in one licensing period

23. (1) An applicant should make only one application in a licens- ing period, in respect of goods falling under the same serial or sub- serial number of the I.T.C. Schedule, except in the following cases or where otherwise provided: —

(a) machinery items required by actual users unless more than one application becomes necessary for unavoidable- reasons,

(b) raw materials required by actual users. (c) application for licences made under the import policy for Registered Exporters.

(2) In cases where more than one application is submitted for items falling under the same serial or sub-serial number of the I.T.C. Schedule, applicants should furnish detailed reasons for doing So Cross reference of the previous application should distinctly and invariably be made in the relevant columns of the application. Any omission or breach of this rule will render the applicant liable to be debarred from receiving licences, without prejudice to any other action that may be taken against him under the Imports and Exports (Control) Act, 1947 or the Order issued thereunder.

Registration of licences at ports

24. (1) Import licences are valid for import at all ports in India, except where specifically provided otherwise in the licence. How- ever, the licensee is required to get his licence registered with the1 customs authorities at a specified port.

[PART I-S"C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 o 3 / l5

(2) The applicants should invariably indicate in their applica- tions for import licences, the particulars port where they intend to register the licence, if issued, with the customs authorities. In their own interest, for expeditious clearance, the applicants should indicate such port of registration at which they intend to import the goods. The licensing authority concerned will indicate in the licence the port of registration by an endorsement made thereon. The im- porters should register the licence with the customs authorities at the specified port only, although, as hitherto, it will continue to be valid for import at all ports of India, except where specifically provided otherwise in the licence.

(3) If the licence holder, after registering his licence at the spe- cified port, wants to import goods at a port other than the port of registration, he should obtain a release advice from the port of re- gistration to the port of importation of goods. The licensing autho- rity may also entertain requests for amendment in regard to the port of registration in cases where the licence has not been regis- tered or where the licence has been registered but the goods have not arrived. Such amendments, where made, will be duly intimat- ed to the Customs authority at the port of registration originally indicated in the licence.

(4) Where an import licence is presented for clearance of goods at a Customs House other than the one at which the licence is re- gistered, the customs authorities at the port of clearance will allow clearance on the basis of the 'released' advice issued by the customs authorities at the port of registration, if the import is otherwise In order. In such cases the Import licence will be debited by the cus- toms authorities at the port of registration at the time of issuing the 'release' advice; and the customs authorities at the port of clearance will debit the 'release' advice.

Last date for submission of applications

25. (1) The last dates for submission of applications for licences are indicated in the relevant Import Trade Control Policy Book. Applicants are advised in their own interest to submit applications well in advance of the last date so as to reach the licensing authority or the sponsoring authority concerned, as. the case may be, before the last date as an application received after the prescribed last date is liable to be summarily rejected.

(2) However, in case, the prescribed last date falls on a public holiday or a bank holiday, applications, complete in all respects, re- ceived on the following working day will be deemed to have been received by the last date.

Important hints, to importers

26. (i) The application for licence should be made in the pres- cribed form.

(ii) The application form should be filled neatly and accurately. No column should be left blank. The words "yes" or "no" or "not applicable" can be used against the columns in the application form wherever necessary. If the applicant is not able to give answer to any particular column, he should give a positive reason for the- same.

(ii) The information in the prescribed form should be given faith- fully and correctly.

3o3/l6 T H£ GAZETTE OF INDIA EXTRAORDINARY [PAUT I-SEC. 1]

(iv) The description and I.T.C. classification of the goods should be given fully and correctly in the application form.

(v) The treasury/bank receipt showing payment of application fee on the value applied for should be attached to the application.

(vi) The I.V.C, No. should be quoted in the application where necessary.

(vii) All the required documents should be attached to the appli- cation and all the enclosures to the application should be detailed in the covering letter of the application giving particulars of each document.

(viii) The application should be signed by an authorised person who should give his address and the position held by him.

(ix) Separate applications should be submitted for articles -falling under a serial or a sub-serial number of the I.T.C. Schedule, •except where otherwise provided.

(x) The postal address of the applicant should be given comple- tely and neatly.

(xi) The correct reference number, if any, of the licensing autho- rity should be quoted.

(xii) The application should be sent by post to the appropriate licensing authority or sponsoring authority concerned as provided in the procedure, or delivered at the counter in the office of the .licensing authority or the sponsoring authority as the case may be before the last prescribed date.

(xiii) The actual users borne on the registers of Director-Gene- Tal of Technical Development should also quote in their applica- tions the code number allotted to them by the DGTD. If no codft- .number hag been allotted, the words "not allotted" should be written against the appropriate column at the top of the prescribed application form.

(xiv) The actual user should submit a consolidated application covering the requirements of unit in respect of raw materials and -components as provided in Chapter (IV) of this book.

(xv) All actual users should submit their applications through the sponsoring authority concerned wherever necessary.

(xvi) While furnishing the lists of goods sought to be imported, "the applicants should ensure that the lists are prepared on a good and durable paper in order to avoid probable inconvenience at the time of clearance of goods at the Customs, In the case of units borne on the books of the DGTD, the applicants should ensure that the extra copies of the list of goods prepared by them for submission to the liecensing authority are strictly in accordance with the list •cleared by the DGTD.

(xvii) On receiving an import licence, the licensee should care- fully check whether the licence received by him is complete in all respects. In particular, the licensee should check whether: —

(a) The licence is accompanied by the list of items permitted for import, if such list has been referred to in the body of the licence.

£PAKT I~Sic. 1] THE GAZETTE 6F INDIA EXTRAORDINARY 303/17

(b) Each page of the list has been duly signed by the licensing authority.

(c) Each page of the list bears the security seal affixed by the licensing authority.

(d) The changes, if any, made in the list have been duly attested by the licensing authority.

(e) Both the copies of the licence bear the security seal effixed by the licensing authority.

(f) The conditions imposed, on the licence have been duly signed by the licensing authority.

(g) The condition, if any, deleted from the licence has been attested by the licensing authority.

(h) In the case of licences issued against foreign credits, the conditions applicable to the credit have been attached to the licence if there is a reference to such attachment in the body of the licence and such conditions have been duly signed by the licensing authority.

(i) Every signature of the licensing authority appearing on the licence, or on the list attached to the licence, or on the con- ditions attached to the licence, has been duly authenticat- ed by a security seal affixed above the signature.

(j) There is any omission in the licence which prevents the licensee from operating upon the licence.

If the licensee finds that the licence is deficient in any respect he should immediately bring the matter to the notice of the licensing authority concerned and return the licence to the licensing authority for the needful.

303/18 I HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

CHAPTER HI

ESTABLISHED IMPORTERS

Definition

27. (1) Established importers are those who have been actually engaged in the import trade of the articles comprised in any serial or sub-serial number, of the I.T.C. Schedule during at least one financial year (1st April to 31st March) falling within the basic period specified for the said serial or sub-serial number. The importers may choose the most favourable year from the basic period for the purpose of obtaining quota certificates.

(2) An established importer may be (i) an individual, (ii) a partnership firm, (iii) a karta of a Hindu undivided family in respect of the family business, (iy) a limited company or (v) any associa- tion or body of individuals.

Basic period 28. (1) The basic period for the purpose of calculating the quota of established importers, which was in force during April 1967—March 1968 period, has been changed. With effect from April 1968—March 1969, the basic period will be from 1st April 1951 to 31st March 1966, for all items, unless otherwise provided.

(2) No application for fixation | re-establishment of quotas will be accepted in respect of past imports in any financial year prior to 1st April 1951. However, quotas already fixed in respect of past imports during the period from 1937-3& to 1944-45 and from 1945-46 to 1950- 51, will continue to be accepted for the grant of quota licences until further notice.

(3) No applications for refixation or re-establishment of quotas will be entertained in the following cases: —

(i) For items licensable to established importers at a quota of more than 100 per cent.

(ii) For items falling under a particular serial number or sub- serial number of the I.T.C. Schedule, but imported against a licence for a different serial number or sub-serial num- ber, under the concession of interchangeably or under other provisions applicable to established importers.

(4) The importers holding quota certificates based on past imports pertaining to the basic period upto 1960-61, will not be allowed to have their quotas refuted, except in cases where refixation of quota is sought on the basis of imports in a year subsequent to 1960-61, within the prescribed basic period.

(5) Importers who got their earlier quotas refixed on the basis of their past imports during 1961-62 to 1965-66, will not be allowed to have further relaxation of quotas, except in cases where such fur- ther refixation of quota is sought, within the prescribed basic period en the basia of imports in a year subsequent to the year on which the earlier quota was based.

Quota certificates on security forms

29 (1) A quota certificate as referred to in para 27 above is issued by a •licensing authority to an established importer in token ot acceptance of his past imports of a particular commodity falling

(PAAT I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/19

under a swial or a sub-serial number of the I.T.C. Schedule, in a financial year selected by him within the specified basic period. All quota certificates are issued on security form, a specimen of which is given in Appen'dix (7). Import licences are granted to established importers on the basis of valid quota certificates.

(2) The application for establishment/reflxation of quota should be made to the regional licensing authority concerned. Even in respect of items licensable to established importers by the Head- quarters Office of the Chief Controller of Imports and Exports, the applications for establishment/refixation of Quota Certificates have to be made to the regional licensing authority in whose jurisdiction the business of the applicant is established.

(3) After the grant of the quota certificate, if the licensing authority, has got any 'doubt, he may call for the original documents to recheck, the applicant's past imports and, on verification, the quota certificate may be amended, reduced in value or cancelled. Quota certificate will also be liable to cancellation or amendment or reduction in value if it has been granted by inadvertence or by mistake or contrary to rules or has been obtained by fraud or mis- representation.

Documents to be furnished for fixation or refutation of quotas

30. (1) A quota certificate is issued on the basis of the following documents: —

(i) (a) The triplicate copy of the Customs Bill of Entry for home consumption, (b). In the case of goods bonded on arrival, a copy of original 'into bond' Bill of Entry certified by the customs authorities, (c) In the case of duty-free goods, the Exchange Control copy of the Bill of Entry.

(ii) Invoice pertaining to the gootls imported;

(iii) Bank memo, Bank draft or other evidence of payment, and particulars of licences, etc., against which the imports were made.

N.B.— (a) In the case of duty-free goods, if the importer is unable to produce Exchange Control copy of the Bill of Entry on the ground that it had been retained by the Reserve Bank of In'dia, the triplicate copy of the Bill of Entry, or the certified copy of the Bill of Entry will be accepted.

(b) In the case of goods bonded on arrival, if the importer is unable to produce 'into bond' Bill of Entry for valid reasons to tfra satisfaction of the licensing authority and where the importer is able to produce evi'dence that no transfer of ownership of goods took place while the goods were ^in bond' the licensing authority may accept the 'Ex-bond' Bill of Entry in lieu of 'into bond' Bill of Entry, provided the importer files an affidavit: —

3o3/2O THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKC. 1J

(1) that for reasons stated in the affidavit, he is not able to- furnish the 'into bond' Bill of Entry;

(2) that no transfer of ownership of the goods took place when the goods were in bond;

(3) that no quota has been or will be claimed against the 'into bond' Bill of Entry for the same goods from licens- ing authority.

In such cases, the date of original bond when the goods were first entered into bond will be reckoned as the date of importation for the purpose of calculation of quota and' not the date given in the 'Ex-bond' Bill of Entry.

(c) if, for valid reasons, an importer is unable to produce the customs copy of the Bill of Entry where such copy is required to be produced, but produces the Exchange- Control Copy thereof or a true copy of the Bill of Entry certified by customs authorities the case may be con- sidered on merits by the licensing authority after the importer concerned files an affidavit in the form given in- Appendix (&) to this book.

(iv) In the case of imports made by the post, the Postal Decla- ration Form or Customs Duty Receipt with relevant invoice, Bank draft and the particulars of licence etc.,. against which the import was made, should be produced.

N.B.— (a) If an importer is unable to produce Postal Declaration Form or Customs Duty Receipt, then the documents namely. Bill of Exchange, Banker's Memorandum of pay- ment and the relevant invoice duly attested by a Customs; Appraiser, will be accepted in lieu.

(b) In cases where the importers are unable tp produce the required evidence for proving past imports made by post, certificates of postal imports giving the description of goods contained in the parcel and the duty paid by the importer, issued by the Assistant Controller of Customs,, Postal Appraisement, will also be accepted in lieu of the prescribed evidence; provided the importer flies an affidavit to the effect that he has not claimed a quota previously on the basis of the postal wav bills, memoranda of pay- ment and relative invoices etc., in respect of the same- goods nor will he do so in future. The licensing authority- will consider the application if it is satisfied on the basis of the evidence produced that the Imports were actually made within the basic period and that payment was actually made for the goods.

(v) In the case of imports from Pakistan, Land Customs Appendices supported by corresponding invoices, and Solas (Bank memos) and any other satisfactory evidence of payment for the imported goods, will be accepted.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/2I

(2) Apart from the original documents of past imports as pres- cribed the application for establishment/re-fixation of quota should' also be accompanied by certified or photostat copies of the documents' of past imports. Where an applicant is not readily in a position' to- furnish the certified copies of photostat copies of all the documents with his application for quota certificate, the licensing authority may issue the quota certificate provisionally valid for one period only subject to the production of certified or photostat copies of the original documents of past imports to the licensing authority con- cerned. Such provisional quota certificate will bear the following1 endorsement: —

"Provisional for one period only an'd subject to regularisation on furnishing the certified copies or photostat copies of all the documents of past imports to the licensing- authority".

On production of the copies of documents of past imports, the above endorsement will be deleted.

Basic imports

31. (1) Subject to , the provisions of sub-para (2) below, the licensing authority will, on the basis of the above documents, determine the 'basic imports' of the applicant, i.e., the c.i.f. value of his imports>"f goods falling under the same serial number of sub-serial' number from the General Area/Pakistant in a common co/npleted financial year selected bv the importer with the prescribed basic period. The licensing auhtority will then issue a quota certificate' on security form for the value as determined.

Provided that in the case of a Serial No. or Sub-Serial No. for which two separate quota licences could be issued during October I960—March 1961 licensing period on former General Area and' former Soft Currency Area in respect of past imports falling in. different basic years from the former Dollar and Soft Currency Areas respectively, the parties holding such two quota certificatea will be allowed to retain such quota certificates until further notice.-

(2) Quota Certificates are issued on the basis of past imports from all countries included in the General Area other than Pakistan,, Afghanistan, Nepal, Tibet, Bhutan, S;kkim and former Portuguese- or French possessions in India. But the importer will be entitled to' an additional quota certificate on Pakistan on the basis of his imports" from Pakistan only; provided the basic year for these imports is the same as the one on the bas;s of which the importer has obtained his quota certificate on General Area.

Issue of separate quota certificate in respect of past imports from Pakistan

32. The quota certificate in respect of past imports from Pakistan,, as stated in para, (31) above, will be issued to an importer on the- basis of original documents indicated in para (30) above. It is essential that the importers should obtain their quota certificates on the basis of their imports from Pakistan simultaneously with their quota certificates on General Area. Similarly they should, while applying for re-fixation of quotas on the General Area, invariably submit their quota certificates on Pakistan along with their old! quota certificates on Soft Currency Area/Dollar Area.

3o3/22 THE GAZETTE OF INDIA EXTRAORDINARY [PA*T I-SEC. 1]

Imports which will not be counted as basic imports

33. The following categories of imports will not be taken into account calculating the importer's quota:—

(a) Imports made in contravention of the import trade control rules and regulations.

(b) Imports made without a valid licence and cleared under a warning.

(c) Imports made in excess of the value of the licence and allowed to be cleared by the customs authorities on pay- ment of fine/penalty. Only such excess will not qualify for quota fixation.

(d) Imports made by the applicant under a letter of authority authorising him to import goods against a licence granted to another party.

(e) Imports made under licence granted against the orders of the late D.G. (I. & S.) (now D.G.S. & D.) or of the State Railways.

(f) Imports made under licences granted to actual users in respect of raw materials or accessories or other articles.

(g) Imports made under adhoc licences (other than those adhoc licences which were issued for imports of goods for stock and sale purposes only) or licences granted subject to express condition that imports thereunder will not be taken into account in calculating quotas whether the licences are marked N.Q.Q. or not.

(h) Imports made against C.G. & H.E.P. licences by actual users or other imports against orders from actual users. However, imports made against C.G. & H.E.P. licences for stock and sale purposes will be taken into account for purposes of calculation of quota only in respect of S. No. 36/11, S. No. 4/III and S. No. 65/V of the I.T.C. Schedule.

(i) Imports of goods of no commercial value made under O.G.L. IV.

(j) Imports made against licences granted under the export promotion schemes, avocation schemes or under the export policy for registered exporters.

(k) Imports made against "replacement licences". (1) Imports of casual nature e.g., imports for personal use or imports" as samples.

(m) Imports of equipments against licences issued under the Irrigation Projects Licensing Scheme.

In) Imports made under licences issued through inadvertence or mistake or contrary to rules or provisions of Imports (Control) Order, 1955, or obtained by fraud or mis- representation, subsequently detected.

(o) Imports made by an actual user under O.G.L. or otherwise of goods which were used by the actual user in his own factory/establishment.

JPAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/23

(p) Licences issued against specific orders from actual users,

(q) Goods which are not cleared for home consumption.

(r) Imports made against liecnces issued under the National Defence Remittance Scheme (N.D.R.S.).

(s) Imports of an item falling under a particular serial number or Sub-Serial number of the I.T.C. Schedule, made against a licence partaining to a different S. No. or Sub-Serial number, under the concession of interchangeability or under other pro- visions applicable to established importers in the utilisation of their licences. (Quotas already fixed will not, however, be disturbed).

Imports allowed under warning by Customs—Acceptance (or

fixation of quota

34. In some cases, goods, might have been imported under a licence, but the customs authorities may find some discrepancy in the goods and the imports may not be exactly covered by the licence against which ihe goods arc sought to be cleared. Again there may be cases where the goods are allowed to be cleared on the basis of wrong advice regarding .classification given by the I.T.C. authorities or the customs houses. In cases of this nature, the customs warn the importer and may permit the clearance of goods. Such imports, though allowed to be cleared after issue of a warning by the customs, will qualify for quota fixation. However, the quota will be fixed only under the correct I.T.C. classification of the goods if otherwise admissible.

Determination of the date of Import In connection with past imports

35. In determining whether a particular import falls in any particular financial year for the purpose of fixation/refixation of quota, the following dates will be reckoned to be the dates of importation :—

(a) In the case of goods cleared for home consumption, the date given in the oval stamp affixed on the relevant Bill of Entry,

(b) In the case of duty free goods cleared for home consumption.

the date of the Import Duty Free Number (I.D.F. number);

<(c) In the case of goods bonded on arrival and subsequently cleared from bond for home consumption, the date on which the goods were bonded by customs;

(d) In the case of post parcels, the date assigned to the way bill by the post office.

(e) In the case of imports by land route the date on which custom duty is recovered by the customs authorities; in the case of duty-free goods imported by land route, the date on which the land customs appendices are passed by the customs for clear- ance of the goods for home consumption.

49 G. of I. Ex.—4

303/24 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1}

Procedure for quota fixation in case of change in the classification

of items

36. In cases where classification of an item or article changes from, one serial number of the I.T.C. Schedule to another, the licensing authority will take into account the past imports of such item or article for esiab- lishment/re-fixation or recalculation of quota under the new serial number,, if otherwise admissible. In doing so, it will be ensured that:—

(i) The importer's quota under the old serial number is correspond- ingly reduced and his quota certificate duly amended; and

(ii) Only such past imports are taken into account for the purpose- of re-fixation/re-calculation of quota as are in respect of the same basic year as the importer s original quota certificate for the new serial number in question.

Procedure for submission of applications for establishment of quotas

37. (1) Applications for establishment or refixation of quotas should be made in the prescribed form (Form 'F'), and should be accompanied b y :-

(i) the previous quota certificate, wherever it is sought to be- rcvised;

(ii) a certified copy of the import licence, if any, received for the- previous licensing period;

(iii) a statement of basic year's imports in the prescribed form, supported by relevant documents mentioned in paragraph 36 above, together with certified or photostat copy of each of the- documents duly signed by the applicant; and

(iv) a statement giving reasons to prove the necessity for the estab- lishment or refixation of the quota.

(2) Applications for establishment/refixation of quotas will be enter- tained, if otherwise admissible, in respect of items for which the basic period1 has been extended or in cases in which the licensing authority is satisfied that the applicant has been unable for some good reason e.g., litigation or financial difficulties etc., to prove his basic imports and to establish his quota to participate in the import trade in the previous licensing periods. The need for establishing fresh quotas will also arise in cases in whicb the item or article in question has been allotted a separate serial number, or ths system of quota licensing in respect of the item or the article has- been introduced for the first time.

(3) Notwithstanding anything contained in sub-para (2) above, no> belated application for establishment/rcfixation of quota will be entertained' in respect of any serial number or sub-serial number where the delay in making the application exceeds five years. However, the delay may be condoned in cases where the licensing authority is satisfied that it was duc- to circumstances beyond the control of the applicant.

(4) Separate applications for establishment or refixation of quotas, should be made in respect of items falling in different serial numbers or sub-serial numbers of the T.T.C. Schedule.

[PART I-SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/25

(5) The applications for establishment/re-fixation of quotas should be made, complete in all respects, within the date prescribed in the relevant Import Trade Control Policy Book. However, in cases where there is a change in the name, constitution or ownership of a business requiring recognition by the I.T.C. authority, it is not necessary for the new or the reconstituted concern to submit their applications for the establishment/ re-fixation of quotas within the prescribed date in respect of past imports standing in the name of the original concern. In such cases, the application for establishment/re-fixation of quotas should be made within a period of 30 days from the date of the applicant's recognition as new established importer.

(6) Late applications for quota: Applications for establishment/ re-fixation of quotas received incomplete, or after the prescribed last date, will be liable to be summarily rejected. Tfie licensing authority may, however, entertain an application which is received, complete in all respects, within 30 days from the prescribed last date, or where the deficiencies in an incomplete application are made good cither within 30 days from the prescribed last date for receipt of the application, or within 30 days from the date on which the applicant is informed of the deficiencies by the licensing authority. But, in such cases, although the cjuota certificate will be granted, if otherwise admissible, the value of the licence issued on the basis of such quota certificate, for the licensing period during which late or incomplete application for quota certificate is made, will be reduced by 25 per cent. This cut will also be applicable to minimum value licences.

Note.—The absence of documents of past imports will be considered as a deficiency for the purpose of the provisions of this sub-para- graph.

(7) The licensing authority may also entertain a late or deficient appli- cation fur establishment/re-fixation of quota, which is not otherwise accep- table in terms of the provisions made in sub-paragraph (6) above. But this will be subject to the condition that a quota certificate, if otherwise admissible and issued on the basis of such application, will not be valid for the grant of a licence for the licensing period during which such lale or deficient application has been made.

Fixation of quota items under O.G.L. or which are banned for Import

or whose imports are canalised

38. No application for fixation or refixation of quota for items which arc under O.G.L. or which are banned or whose imports are canalised through some particular agency and are not open to established importers, will be entertained. However, to avoid hardship that may be caused by the strict application of this rule, the licensing authority may relax the rule in the following types of cases:—

(i) Where an application for fixation of quota for a particular item remains pending for one period or more and, at the time of finalisation of the case, it so happens that the import of the item is banned, the quota certificate may not be refused merely on the ground that the item had been subsequently banned;

(iD where an importer holds a quota certificate for a serial number which is subsequently split into various sub-serial numbers, some of which are banned, the original quota certificate may be split up by issuing fresh quota certificates in respect of past imports of each of the sub-serials including the banned ones;

303/26 "*HE GAZETTE Ol- INDIA EXTRAORDINARY [PART I-SEC. 1]

(iii) Where the import of certain machinery etc., is banned but there is a provision in the relevant policy for the grant of licences for spare parts against the past import of such banned machinery, the quota certificate may be issued for such machinery in spite of the ban to enable the applicant to obtain licence for spare parts in terms of the policy.

(iv) Where an item is on O.O.L. or S.G.L. (Special General Licence) for import from specified country or countries only, the quota certificate may be issued in respect of such item, in spite of the item beine on the O.G.L. or S.G.L.

Cases in which quota certificates/licences will not be issued

39. (1) No quota certificate will be issued to an established importer if the value of the past imports on which quota is claimed is up to the minimum value indicated below :—

The value of past imports on which no quoto certificate will be granted.

Qupta percentage on articles as given in the relevant Import Trade Conttrol policy.

Rs. 100/-

(i) 25% orlc88

Ra. 200/-

(U) Over 25%

(2) An established importer will not be eligible to a licence where his entitlement under the relevant import policy works out to Rs. 100 or below, or the value of his quota certificate or past imports on which a licence is claimed is upto Rs. 200.

40. (1) If the application for a quota certificate is made within the date prescribed for submission of such applications in terms of the policy in force and the application is complete in all respects and is accompanied by all the required documents, efforts will be made by the licensing authority to grant the quota certificate as early as possible before the expiry of ihe licensing period in which the application is made. However, there may be cases where the grant of the quota certificate is delayed for one reason or the other. The grant of licences for back periods against such quota certi- ficate will be considered in terms of the provisions contained in Para 47 of this book.

(2) If an application for a quota certificate is not disposed of within a period of 21 days from the date of its receipt in the Quota Fixation Section, Ihe licensing authority will issue an interim reply to the appli- cant. If an applicant does not receive an interim reply even after this time limit, he can bring the matter to the notice of the Public Relations Officer in the Import Trade Control Office concerned or book an inter- view with the officer concerned through the Enquiry Officer in order to know the reasons for the delay in the disposal of his application.

41. In para 20 of Section I of the Import Trade Control Policy Book for January-June, 1955 period it was notified that with effect from July- December, 1955 licensing period, the old quota certificates on non- security form, will not be accepted for the grant of import licences. How- ever, such of the importers who had not received quota certificates on

[PAKT I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/27

security form, were advised to do so immediately; and this concession had been extended upto July-December, 1956 period. With effect from January-June, 1957 period, the quota certificates, if any, on non-security paper are not accepted for calculation of quotas. It may be noted thai, in no case, will an import licence be granted on the basis of the old quota certificate (i-e., quota certificate not issued on security form)

Issue of duplicate quota certificates

42. (1) Where a quota certificate is lost or misplaced, the established importer can file an affidavit on stamped paper in the form prescribed in Appendix (8) to this book and apply for the issue of a duplicate. The affidavit should be sworn before a 1st Class Magistrate or a Notary Public.

(2) Where a quota certificate on security form gets torn or worn out b> frequent handling, the established importer can apply for the issue of n duplicate in lieu of such quota certificate.

(3) The applications for issue of duplicate quota certificates in such cases should be made to the licensing authority who had issued the original quota certificate in question.

(4) It will be open to the licensing authority to ask for the original] documents such as Bill of entry etc., to verify the applicant's past imports before issuing duplicate quota certificate.

Basis of quota licences

43. (1) Established importers can get quota|additional|supplementary licences on the basis of a valid quota certificate issued on security form, in terms of the import policy in force.

(2) The application for licence should be submitted by an applicant in the prescribed form, complete in all respects, so as to be received by the licensing authority concerned within the date prescribed for this purpose in the relevant Import Trade Control Policy, and duly accompanied by:.

(a) a valid quota certificate issued on security form;

(b) Treasury/Bank receipt showing payment of the application fee on the value applied for;

(c) any other document considered necessary on prescribed in terms of the provisions of this book or the relevant Import Trade Control Policy Book or Public Notices/Trade Notices issued in this regard.

(3) The documents of past imports on the basis of which the quota certificate has been issued, need not be produced by the applicant along with his application for quota|additional|supplementary licence. But it will be open to the licensing authority to ask for the original documents of imports such as Bill of Entry etc., to verify the applicant's past Imports before issuing the licence.

303/28 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

(4) Where there is a change in the name, ownership or constitution of an established importer's business requiring recognition by the I.T.C. authority, it is not necessary for the new or the reconstituted concern to submit their applications for the grant of quota licences within the pres- cribed date in respect of quotas standing in the name of the original con- cern. In such cases, the established importer should make applications for quota licences within a period of 30 days from the date of his recogni- tion as established importer and grant of quotas. However, where such applications for quota licences happen to be made after the expiry of the licensing period to which the applications relate, the provisions of para- graph (47) of this 'book will be applicable in the disposal of such applica- tions also.

(5) If instead of obtaining the import licence on the basis of the quota certificate held by the applicant, he desires, for some good reason, to have his quota established afresh or revised, he should submit his application for establishment/refixation of quota to the licensing authority concerned as provided in paragraph (37) above. Previously, the application for the establishment of quota used to form part of the application for grant of licence; but in the interest of simplicity and despatch, the application for establishment or revision of quota is now required to be made separately.

(6) Where an applicant has submitted an application for cstablish- ment/refixation of quota complete in all respects within the last date pres- cribed for the submission of such application, he should submit his applica- tion for licence within 30 days from the date of issue of the quota certi- ficate or within the last date prescribed for submission of applications for licences in terms of the relevant import trade control policy, whichever date is later. Where an applicant has submitted an application for refixation of cjuota, but such application is rejected, and the applicant wants to apply for import licence on the basis of the. quota certificate already held by him, he should submit his application for the licence within 30 days from the date of such rejection.

7. Applications received after the prescribed date arc liable to be summarily rejected. Applicants are, therefore, advised in their own interest to submit applications compleLe In all respects much in advance of the prescribed last date. The licensing authority may, however, entertain ;m application from an established importer for quota/additional/supple- mentary licence which is received complete in all respects or is com- pleted by supplying the deficiencies within 30 days from the prescribed last date lor receipt of such application or where the deficiencies are completed within a period of 30 days from the date on which the applicant is informed of the deficiencies by the licensing authority. But in such cases, the value of the quotu!additional|fiupp!ementary licence, if otherwise due, will be reduced by 25 per cent. This cut will also be applicable to minimum value qnota|additional|supplementary licences.

NOTE.—-The absence of a treasury challan for the requisite amount or a quota certificate or any other important required to be furnished by the applicant along with his application for licence will be con- sidered as a deficiency for the purpose of the provisions of this paragraph.

(PART I-SEC. 1] THE GAZETTE Or INDIA EXTRAORDINARY 303/39

(8) It may be clarified that where an import licence is subject to 25 per cent cut in value in terms of Lie provisions of sub-para (7) of this paragraph as well as sub-para 37(6) above, the total cut to be imposed on the applicant's entitlement in such a case will be 50 per cent.

Procedure tor Calculating Value of Quota Licences

44. (1) A quota licence is given to an established importer as a percent- age of the value of his past imports as appearing in the quota certificate in accordance with the import policy in force.

(2) The distinction between Dollar and Soft Currency Areas was removed for the purpose of issuing import licences with effect from the period April 1961—September 1961. Consequently, established impor- ters are required to make only one application for a quota licence on 'General Area', on the basis of the past imports in any financial year, with- in the prescribed basic period, in respect of articles falling under the same serial number or sub serial number of the I.T.C. Schedule.

(3) Tn the case of serial number or sub serial number for which separate quota licences could be issued immediately before the removal of distinction between the two currency areas, i.e., during October 1960— March 1961 period, on the former General Area and the former Soft Currency Area respectively, the parties holding two quota certificates in respect of past imports from Dollar and Soft Currency Areas, falling in different basic years, will be eligible to receive quota licences on the combined value of two quota certificates.

(4) Established importers having two quota certificates in respect of an item, issued from the former Dollar Area and former Soft Currency Area respectively, prior to April 1961—September 1961, should make only one application for a licence in respect of such item from General Area, in the manner indicated below:—

(i) In the case of items which were licensable from Soft Currency Area only during October 1960/March 1961 licensing period, the Established importer holding two Quota Certificates on former dollar area and former soft currency area will be entitled to receive quota licence on the combined value of both the quota certificates provided the pust imports shown in the quota certificates fall in the same financial year within the basic period. But if the imports fall in different basic years, the established importer will be free to claim a quota licence only on one quota certificate which may be advantage- ous to him for the purpose of obtaining a quota licence.

(ii) In the case of a serial number or sub-serial number for which separate quota licences could be issued on Gencnil Area and Soft Currency Area during October 1960/March 1961 licens- ing period, the established importer holding two quota certifi- cates in respect of past imports from former Dollar and former Soft Currency Areas in the same or different financial years, within the basic period, will be eligible to receive quota licence on the combined value of the two quota certificates. In such cases also the established importer should submit only one application for a quota licence.

"It may be clarified that the concession of granting quota licences on the combined value of two quota certificates issued prior to April—September 1961 period, will not be available when, the quota has to be refixed consequent upon change in the classification of goods, introduction of a new Serial No. /Sub- Serial No. or split up of the existing Serial No. /Sub-Serial No. into two or more Serial Nos./Sub-Sr. Nos. The fresb quota certificate issued will be in respect of past imports of the goods admissible for quota fixation under the particular Serial No, or Sub-Serial No. in a common financial year selec- ted by the importer within the precribed basic period."

(iii) The Established Importers should give declaration in the fol- lowing form along with their applications:—

"We possess/do not possess two quota certificates for serial number/sub-serial number (to be specified) and declare that we have submitted no other application for obtaining quota licence.''

Note.—This declaration has been incorporated in the application form 'A ment for established importers and need not, therefore, be furnished separately. This declaration is also not necessary in the case of application for licences based on quota certificates- issued after 31st March, 1961.

(5) As a measure of relief to importers from Pakistan, separate licences will be issued based on the quota certificatas pertaining to the past imports lrom Pakistan. The value of such separate licences will be calculated OD the same quota percentage as is applicable in respect of the item con- cerned for import from General Area as a whole in terms of the relevant Import Trade Control Policy, in the same manner as indicated in this para. The separate licences so issued will be valid for import from General Area,

Minimum value of licences

45. (1) If an established importer is eligible to a licence in terms oi para 39 above, the minimum value of quota/additional/supplementary licence issued to him will be Rs. 1000/-, unless otherwise provided.

(2) In the case of division of quota of an established importer on acccunt of dissolution of the partnership, death of the proprietor, partition of the Hindu undivided family or any other reason, the division of quota \v allowed to enable the succeeding parties to get their proportionate snares of the approved quota of the original firm. While allowing the division of quota in such cases, none of the succeeding parties will be allowed the concession of obtaining minimum value licences provided in this para, but the total value of licences admissible to all the succeeding parties, taken together, will be equal to the entitlement of the original firm had there been uo division of quota. The quota certificates granted to such parties will be suitably endorsed in this regard. It may be clarified that if, under the provisions of this sub-para, the value of a licence to be issued to a succeeding party comes to Rs. 100/- or less, such party will not be eligible to that licence in terms of sub-para 39(2) above.,

[PART I-SF.C. 1J TllJi GAZETTE OF LNDIA EXTRAORDINARY 303/3I

Established Importers having more than one office In India

46. (1) The Head Office and Branches of an established importer concern should obtain separate quota certificates in respect of past imports standing in the name of each of them; and the basic year for the Head Office and all its branches should be one and the same in respect of articles falling under one serial number or sub-serial number of the I.T.C. Schedule as the case may be.

(2) The Head Office and Branches of an established importer should, when applying for licences, append to their applications a certificate as in Appendix (8) to this book, certifying that the Head Office and all the Branches of the concern in India have selected a particular financial year as the common basic year and the quota certificate on the basis of which an import licence is claimed, gives the certified particulars of previous- imports in that common basic year.

(3) Under the rules, the clearance of goods imported by a branch of a concern should be allowed only against a licence issued to that parti- cular branch. But a relaxation has been allowed to permit the clearance of goods imported by one branch against a licence issued to another branch. In such cases the Bill of Entry will show the number of the licence an

(4) The Head Office or the branch of a concern may make a con- solidated application for import licence for any item on the basis of past imports standing in the name of head office and all its branches- Such application should be accompanied by a certificate to the effect that alt the other branches of the concern have not made and will not make any application for the same item during the same licensing period to any other licensing authority. The procedure for submission of applications by such concerns is also given in para 21 of this book.

(5) For the purpose of determining whether the applicants arc sepa- rate entities or branches, the following will be the criteria:—

(i) If the concerns are assessed to Income-tax jointly i.e. have a common IV.C. No., they will be treated as branches or head office and its branches.

(ii) If the firms are proprietary/Partnership concerns and are assess- ed to income-tax separately and have separate I.V.C. Nos, but are owned by one and the same person or the same set of persons, they will be treated as branches or Head Office and its branches.

(Hi) Limited companies, whether Public or Private with the same set of Directors or otherwise, which are assessed to income- tax separately and have separate I.V.C. Nos. will be treated' as separate entities.

3 ° 3 / 32 T HE G A Z E T TE Of INDIA EXTRAORDINARY [PART I-SEC. 1]

Issue of import licences to established importers against applications

(or back periods

47. Although every possible effort will be made by the licensing authori- ties to dispose of all the applications for import licences submitted in a particular licensing period within the currency of that period, there may be cases where the final disposal of the application is delayed for the follow- ing reasons:—

(i) Laches on the part of the applicant by making incomplete applications or by late submission of required documents/ information.

(ii) Delay in the processing/consideration of the case due to un- foreseen circumstances beyond the control of the import crade control authorities or other government departments.

In the type of cases covered by category (i) above, no import licences would be granted against applications for back periods. But in the type cf cases covered by category number (ii), the applications for back periods will be considered subject to the availability of monetary foreign exchange ceiling in the following manner:—

(a) Where the item concerned is licensable to established impor- ters at the time of issue of the licence, the application for the back period will be considered in the normal course in terms of the import policy for the licensing period to which the application pertains;

(b) Where the item concerned is not licensable to established im- porters at the time of issue of the licence and the application for consideration pertains to the immediately preceding period, such application will be considered in the normal course in terms of the import policy lor the licensing period to which the application pertains provided the import of the item in question is not canalised through any agency at the time of issue of the licence; and

(c) no licences for back periods will be issued in cases not covered by (a) and (b) above and for items whose import is canalised at the time of consideration of the application. However, in order to alleviate the hardship caused to the applicant by the total refusal of licences in such cases, the licensing authority may consider such application on ad iwc basis and issue licen- ces for permissible items in lieu of banned and canalised Hems. Such licences where granted will be subject to such restrictions, limitations or conditions and for such value as may be deemed lit and decided by the licensing authority. The import licences for alternative items issued under this provision will also be subject to the conditions/restrictions applicable to such alter- native item in terms of the policy for the licencing period in which the licence has been issued and not the policy for the period to which the application pertains.

XPAUT 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/33

Recognition of new established importers and transfer of quotas (TQR)

48. An established importer may be (i) an individual, (ii) a partner- ship firm, (iii) a karta of a Hindu undivided family in respect of the family business, (iv) a limited company and (v) any association or body of individuals. Licences are granted in the name of the business belonging to the established importer. Where there is any change in the ownership, constitution or name of the business, the established importer will not be •eligible to the grant of licences as he ceases to be an established importer. However, in public interest and for continuity of business, the licensing .authority may recognise new established importers in respect of any business, in accordance with the provisions made in the following paragraphs.

49. Where there is a change in the ownership or constitution of an 'established importer's business, without any change in the name of the business, and the new owner or the reconstituted concern, as the case may be, acquires the quota of the original concern, as a whole, the quota belonging to the original concern will be deemed to have been transferred to the new concern. The new concern can obtain import licences on the basis of such quota, if otherwise admissible. In such cases, no applica- tion for TQR need be made but an intimation about the change should t>e sent, in the form given in Appendix 9, to the licensing authority con- cerned with the issue of the licence, within one month of the date of change. The constitution of the new concern should also be mentioned in the usual manner in the next application for import licence, indicating therein the nature of the change and the date from which it has taken place.

50. Where there is a change in the name of the established importer's business, without any change in the ownership or constitution of the busi- ness, no application for TQR need be made. The established importer should produce his quota certificate to the licensing authority concerned for necessary change therein, alongwith an affidavit about the change of name and affirming that he will not claim any licence in future in the old name. Where a private limited company becomes a public limited com- pany or vice versa, it should report the fact to the- licensing authority concerned.

51. Where there is a change in the name of established importers business alongwith a change in the ownership or constitution of the busi- ness, the new concern cannot claim import licences on the basis of the quota of the original concern, without obtaining TQR in its favour. The application for TQR should be made to the licensing authority concerned.

52. Where there is any change in the ownership or constitution of an established importer's business and, as a result of such change, a part of the quota of the original concern is required to be separated or the quota of the original concern is required to be divided, the application for such separation of the quota or for its division, as the, case may be, should be made to the concerned licensing authority. If the quota to be separated is also sought to be transferred in favour of any persons, the transferee should also make the application for TQR to the licensing authority concerned. In such cases, the new owner or the reconstituted concern (s) cannot claim import licences on the basis of the quota standing in the name of the original concern without obtaining TQR.

303/34 T HE tiAZE 1 Tli Ol- INDIA EX fkAORDlNARY [PART I—SEC. 1},

53. Where an established importer is a limited company and the company is amalgamated with another limited company, tne application for TQR in favour of the new company should be made to the licensing authority concerned, supported by an order of the competent court or othet evidence of amalgamation.

54. Application for TQR: An application for TQR should be made in the form given in Appendix 10 along with the prescribed documentary evidence. The jurisdiction of the port licensing authorities for dealing, with such applications is given in Appendix 11, The application for TQR should be made by the Head office of the applicant concern, covering alJ> its branches, and such application should be made to the licensing authority in whose jurisdiction the head office is situated. The importers holding quotas for items licensable by the Iron & Steel Controller only, should' apply to that authority for TQR.

55. The applications made in terms of paragraphs 51 and 52 above should be accompanied by the following documents:—

(i) in the event of death of any person, a death certificate should be, produced;

(ii) in the event of relinquishment of rights by any person in favour of another, an affidavit of relinquishrnent should be produced;.

(iii) if the transfer of quota in favour of any legal heir or heirs is claimed on the basis of a 'will', the application should also be- supported by the said 'will' and the probate thereof or an affidavit of consent by all the other legal heirs;

(iv) partnership deed of the outgoing concern;

(v) partnership deed of the incoming concern if it is a partnership firm;

(vi) if the business has been sold, deed of transfer duly registered! with the registrar of documents should be produced; if the firm is dissolved, a date of dissolution should be produced;

(vii) where a cbmmon basic year is required to be selected for calculation of quota, application should be supported by an< affidavit to the effect that the parties will select a common basic year for the establishment of quotas in respect of same- or similar items on the basis of the business done by the out- going concern; and

(viii) any other document on which the applicant may rely in support of his application.

56. Affidavits to be produced by the applicants with their applications for transfer/division of quotas, wherever laid down, should be sworn before a 1st Class Magistrate or a Notary public.

57. (i) Subject to the provisions in sub-para, (ii) and (iii") below, aw established importer is not allowed to tfanfer his business to which a quota' is attached, except as a whole.

^FAJIT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/35

(ii) If an established importer has two or more branches, each having a separate quota in re3pect thereof, it will be open to such established ^importer to transfer the business of any branch with the entire quota belonging to that branch.

(iii) Where due to a change of a sole agency in respect of the 'products •of a foreign manufacturer, the old agent agrees to transfer the whole or M part of his quota to the new agent, the transfer/division of the quota is permissible.

(iv) Where an established importer has also got a manufacturing business, and any of the items in which he has a quota as an established importer may be required for use in such manufacturing business, the • established importer can transfer his business as an established importer ^except for the items which may be required for use in the manufacturing business. If, in such a case, an established importer transfers his manu- facturing business, his established importer quota in respect of items which may be required as raw materials, components or spares in the said manu- facturing business will lapse.

58. In the following types of cases, import licences can be claimed •only against quotas calculated on 'common basic year', in respect of same •or similar items on the basis of the business done by the out-going ^concern:—

(a) where a quota is divided and transferred in part to serveral persons separately, the persons in whose favour the quota is transferred, have to select a common basic year. However, where a person acquires a quota in respect of any item trans- ferred in his favour and he already holds a quota in respect of the same item by virtue of a business done separately, it shall be open to him to claim licences on the combined value of the two quota certificates even if the quota certificates are in different basic years. This will also apply in the case of amalgamation of two limited companies.

(b) in cases falling under sub-paragraphs 57 (ii) and 57 (iii) above, the transfer and the transferee will be required to select common basic year for the same and similar items; and

(c) the provisions of this paragraph will also apply to cases where the parties have been exempted from making applications for TQR.

59. (1) Where an application for TQR is required to be made in tierms of these provisions, such application should be made so as to reach -the licensing authority concerned, complete in all respects, within a period of 90 days from the date of change in the ownership, constitution or name • of business, etc, as the case may be. The licensing authority may, how- • ever, in deserving cases, condone the delay in making the application if such authority is satisfied that the delay was caused by circumstances beyond the control of the applicant. If the applicant is not in a position to make an application, complete in all respects, within the prescribed period of 90 -days due to the formalities to be observed in getting the deed of transfer "of business registered with the Registrar of Documents, ho can apply by (producing an attested copy of the transfer deed with an evidence to show

303/36 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. JJ

that the original deed has been deposited for registration and shou d furnish an undertaking to the effect that the original deed duly registered will be produced by him within a period of 15 days from the date of registration.

(2) Where an application for TQR, complete in all respects, i.e., ac- companied by documents specified in paragraph 55 above, is received by the licensing authority concerned within a period of 90 days from the date of change m the ownership', constitution or name of the business, as the; case may be, or where the delay in the receipt of the application is con- doned by the licensing authority, as indicated in sub-paragraph (1) of this- paragraph, the transferee will be eligible to the transfer 13 f quota from the licensing period during which the change occurred. In other cases, the. TQR will be effective from the licensing period during which the appli- cation for TOR is made complete in all respects. In the case of deficient applications, the TQR will be valid from the licensing period during which-, the documents specified in paragraph 55 above are produced.

(3) The licensing authorities will dispose of applications for TQR. expeditiously. If an application for TQR, made complete in all respects,. is not disposed of within a period of one month, the licensing authority will issue an interim reply to the applicant. If an applicant does not re- ceived an interm reply even within this time, limit, he can bring the matter to the notice of the Public Relations Officer in the Import Trade Control office concerned, or book an interview with the officer concerned through 1 the Enquiry Officer in order to know the reasons for the delay in the dis- posal of his application.

60. (i) Where an established importer has duly made an applications for licence, but there is a change in the ownership or constitution or name of the business before the licence is granted, the licence will be granted on such application, if otherwise admissible, to the new owner or owners or newly constituted firm, etc., after their having been recognised as estab- lished importer, provided the validity of the TQR under sub-para 59(2)' above covers the period of the application in question.

(ii) If the licensing authority is satisfied that the approval to the- recognition and grant of quota is likely to be delayed on account of cir- cumstances beyond the control of the applicant, it will be open to the licensing authority to grant licences to the applicant in anticipation of the' approval, if the applications are otherwise in order.

(iii) The rules and procedure for the grant of licences for back periods to established importers will also apply to the applications for licences to be issued to newly recognised established importers.

61. In the. following types of cases, the quota of established importer will lapse:—

(i) if the established importer is an individual and is declared' insolvent; and

(ii) if the established importer is a limited company which is wound- up without any arrangement having been made for the trans- fer of its business.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/37

62. In the following cases, no change in the ownership of the business will be held to have taken place for the purpose of these rules:—

(i) Change of directors or share holders in public or private limited company,

(ii) Changes in the Hindu undivided family by birth, death or otherwise; this will not, however, apply to the death or retire- ment of Karta.

(iii) Change of address of an established importer's business.

63. Any case which is not strictly covered by any of the above para- graphs will be decided on analogous principles.

64. In cases where an application for TQR is not required to be made under the foregoing provisions, the application for licence should be accompanied by a declaration in the form given in Appendx 9.

65. Where the new established importers have been exempted from making applications for TQR, the import licences will be issued to them' in the normal course, if otherwise admissible. They will, however be- required to state in their applications for licences the changes occurring in the business and the dates from which such changes have taken place. If in such cases, any objection is received from any 'persons at any time against the licences claimed or granted, the licensing authority will examine such objection and call for such evidence from both the parties as may be deemed necessary. If as a result of the examination, the licensing auth- rity finds that the established importer is not entitled to the whole or " part of the quota on the basis of which he has been claiming licences with- out i3btaining sanction for TQR, the quota of the, established importer will' be reduced accordingly and the parties found guilty of misrepresentation or contravention of these rules will be liable to penal action under the Imports and Exports (Control) Act and the orders issued thereunder. In such cases the value of the excess licences already obtained by the party will also be adjusted against the future quotas of the party in respect of any items for any category.

66. If the objection in terms of 'paragraph 65 above is made to the licensing authority concerned within three months from the date of the change in the coonstitution or ownership or name of the established impor- ter's business, and the objector is found to be entitled to either the whole or a part of the quota, he will be eligible to the transfer of such quotajn his favour. The licensing authority may also condone the delay in making- the objection, if such authority is satisfied that the delay was caused by circumstances beyond the control of the lobjector.

67. Tt will be open to the licensing authority to reject the applications

for TQR :—

(i) if the application or the documents accompanying the applica- tion are defective;

(ii) if the licensing authority decides that the recognition and grant of quota is notfio public interest or for continuity of any- business;

303/38 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKC. 1]

(iii) if the licensing authority decides that the transfer/division of quota is sought with an intention to defeat the transferers cre- ditors;

(iv) for any other reasons to be recorded.

68. The licensing authority may, after giving a reasonable opportunity to the persons who have been recognised as established importers and to whom a quota has been granted, of being heard, cancel or amend the order regarding recognition of new established importer and grant of quota, ii it is found—

(i) that the application for recognition and grant of quota contained any false, fraudulent or misleading information;

(ii) that the evidence tendered by the applicant contained any document which was false or fabricated or had been tampered with;

(iii) that the applicant is guilty of any corrupt Jr fra-adulent practice in respect of his application; and

(iv) that the recognition and the quota has been granted through inadvertence or mistake or due to any fraud or misrepresen- tation

Permission for utilisation of quota licences

68A. Where an import licence has been granted to an established importer and alter the grant of the licence but before its utilisation, there is change in the ownership or constitution or name of the •established importer's business, the new owner of the business or the re- constituted concern etc. as the case may be, cannot utilise the licence, in .question without obtaining a written permission from the licensing authority which granted the licence or from any other person empowered in this behalf by such authority in terms of sub-clause 5(3) of the Imports (Cont- rol) Order, 1955, dated the 7th December, 1955 as amended. In such .cases, an application for obtaining the necessary permission of the authority concerned should be supported by an affidavit of the applicant, sworn before a 1st Oass Magistrate or Notary Public, to the effect that he is the rightful successor of the business for which the licence in question was issued and that, in the event of any mis-statement subsequently detected in this respect, he will be liable to all actions and consequences arising therefrom.

Issue of fresh quota certificates consequent on transfer/division of (quotas

68B. (1) In the event of a change in the ownership or constitution •of a business without any change in the name of the business, where the new owner or the reconstituted concern as the case may be, is not required to apply for TQR, the quota certificates standing in the name of the original concern will be endorsed by the licensing authority concerned indicating therein the nature of the change and the date from which the change has taken place.

[PA*T I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/39

(2) If the name of the business changes, the quota certificate will be amended by the licensing authority concerned by changing the name of the established importer's business appearing thereon. An endorsement will also be made on the quota certificate indicating the date from which the change has taken place.

(3) Where a quota has been divided, the quota certificates and their counterfoils standing in the name of the dissolved concern will be cancelled and fresh quota certificates will be issued in the name of the succeeding parties concerned according to share of the quota transferer in their name. A suitable endorsement giving the number and date of the order under which division/transfer has been allowed by the ITC authority con- cerned will also be made on the old and fresh quota certificates and their counterfoils.

(4) The persons concerned should produce the quota certificates to the licensing authority who issued the same, for necessary endorsement/ amendment as indicated above immediately after the change has occurred. In cases where the new owner or the reconstituted concerned is required to apply for TQR, the quota certificates should be produced to the liccmbtf authority concerned for necessary endorsement/amendment immediately after the new owner or the reconstituted concern, as the case may be, has been recognised as an established importer.

49 G. of 1. Ex.--"

3o3/4O THE GAZETTE OF INDIA EXTRAORDINARY [PART 1-SEC. 1]

CHAPTER IV

ACTUAL USERS (INDUSTRIAL)

69. (1) Definition.—Actual users (industrial) are those who require raw materials, components, accessories, machinery and spare parts for their own use in an industrial manufacturing process.

(2) Categories of actual users.—Broadly, speaking there are three categories, of industrial actual users, viz-, (i) scheduled industries borne on the registers of the Directorate General of Technical Development, (M) scheduled industries not borne on the registers of the Directorate Gene- ral of Technical Development and non-scheduled industries other than small scale industries, and (iii) small scale industries.

Scheduled Industries borne on the registers of the Directorate General

of Technical Development

70. Procedure for submission of applications for raw materials, com- ponents and spares.—(1) Licensing and sponsoring authorities.—Actual users borne on the registers of the Directorate General of Technical Deve- lopment for a particular industry, should, in resptect of goods required fot that industry, apply to the Chief Controller of Imports and Exports, New Delhi, through the Directorate General of Technical Development (Import Cell) in the prescribed form. The envelopes should be superscribed "im- port application" and addressed to the Assistant Director (Import Cell), Directorate General of Technical Development, New Delhi. These appli- cations will be forwarded by the Directorate General of Technical Develop- ment with their recommendations to the Chief Controller of Imports and Exports, New Delhi, for necessary action.

(2) Form of application.—The applications should be made, in dupli- cate, in the prescribed form "C" as given in this Book. (Appendix—3). The applications should be accompanied by:—

(a) Treasury/Bank receipt showing the payment of application fee on the value applied for;

(b) seven copies of the list of items sought to be imported (out of these seven copies, one copy will be returned by the Directorate General of Technical Development to the applicant with such amendments as the Directorate General of Technical Develop- ment may make); If the number of licences to be issued in a particular case is m'ore than one, the licensing authority will require seven copies of the list of goods to be imported against each licence. Therefore, the number of copies of the list of items likely to be required may be calculated by the applicant on the basis of seven copies for each licence of the set of'previ- ous licences issued;

(c) any other document/information considered necessary or re- quired in terms of the provisions of this Book or the relevant Import Trade Control Policy Book or any Public Notice/ Tradr Notice issuer! in this regard.

[PART I-SI.C. 1] TJIE GA/KIJE O) INDIA EXTRAORDINARY 3o3/4I

(3) Consolidated applications.—(a) An application for a licence should bu a consolidated application covering the requirements of the unit in respect of raw materials and components required for the particular end-product to which tlie application pertains, but excluding the items licensable by the Iron and Steel Controller. In the case iof units engaged in industries other than the priority industries, the consolidated application should include spare parts also. The units engaged in the priority industries are required to submit separate application for spare parts including spare parts of ma- chine tools. The applicants should make applications after careful con- sideration so that the necessity for applying for a change in the description of items or introducing any new item at a later stage docs not arise. Un- less there are special reasons, the requests for amendment or addition to the list or description of items or value thereof will not be entertained.

(b) In the case of IDA industries (listed in appendix 6 to this book), the applicants should also include the items licensable by the Iron and Steel Controller in their consolidated applications for raw materials and components made to the Chief Controller of Im'ports and Exports, New Delhi through the Directorate General of Technical Development In such cases, no separate applications in respect of items licensable by the Iron and Steel Controller need be made to him.

NOTE.—-Where an actual user has to import goods through different agents by obtaining letters of authority in favour of such agents, the application for licence should be accompanied by separate lists of goods to be imported through each agent. In such cases the actual users can also make separate appli- cations for licences in respect of goods to be Imported by him through different agents.

(4) Code Numbers.—For facility of reference, the Directorate General of Technical Development will allot code numbers to each industrial unit borne on their books. As and when ciode numbers are allotted by the DGTD, the unit should quote its code number in its application for licence and also in all subsequent communications so that cross-referencing is facilitated. In the licensing sections een allotted to a unit by the DGTD, the words "not allotted'' should be written by the applicant against relevant column at the top of the pres- cribed form of application for licence (Form 'C').

(5) Guide-lines for applicants.—The applicants should also observe the following instructions while applying for licences:—

(i) The stocks held and the expected arrivals against licences in hand as on the date of application for licence, should be, indi- cated in the appropriate column in the application for licence;

•ii) Full details of the items applied for and justification for their imports vis-a-vis use of indigenous substitutes, the value/quan- tity in respect of each item and the ITC classification of the items should be invariably indicated in the application fbr licence;

3O3/42 THE GAZETTE OF INDIA EXTRAORDINARY [PAW I-SEC. l|

r.iii) Detailed end-use of the raw materials/components applied for should be mentioned in the application;

(iv) The Factory Number and the code number allotted by the Directorate General of Technical Development to the scheduled unit should be given in the relevant columns in the application form;

(v) It should also be indicated in the application whether the applicant has been licensed under the Industries (Develop- ment and Regulation) Act, 1951 and if so, the licence number may be quoted;

(vi) The efforts made for procuring the goods applied for or substitutes thereof from the internal market or indigenous manufacturers and the result of such efforts should also be indicated in the application (the indigenous manufacturers published in the Hand Book of Indigenous manufacturers should be contacted for the supply of articles manufactured by them);

(vii) No application should be made for raw materials etc. required for the manufacture of new items unless a licence for such manufacture has been obtained under the Industries (Development and Regulation) Act, 1951 wherever necessary.

Priority industries—Units borne on the books of the DGTD (existing uKs)

71. A list of priority industries is given in Appendix 12. The proce- dure for the grant of import licences to the units engaged in these indus- tries will be as indicated below.

(i) Import of spore parts by priority industries

72. (1) Separate applications for spares.—The units engaged in the priority industries should submit separate applications for import of spare parts. Such applications should be made on annual basis covering the requirements of the units for the full licensing period. There will be no last date for submission of such applications.

(2) Particulars of machinery to be famished.—Applications for im- port of spare parts should be accompanied by a statement indicating all the particulars of the imported machinery as well as the indigenous machinery having imported components, installed or used in the applicant unit, for the maintenance of which the spare parts are sought to be im- ported. A proforma of the statement in which the particulars are to be furnished, is given in Appendix 13.

(3) List of spare parts not necessary.—It will not be necessary for an applicant to furnish a Hst of spare parts to be imported. Import licences for spare parts will be valid for the import of spare parts required for the plant, machinery and equipment installed or used in the licence holder's factory, subject to such restrictions as may be imposed in terms of the re'r;am import policy.

[PAIT I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3o3/43

(ii) Import of Raw Materials and components by Priority Industrie!

73. (1) Import applications on consumption basis.—The existing units engaged in the priority industries should make their import applications for raw materials end components, end product-wise, by way of claiming replenishment of imported raw materials and components consumed by the unit within a given period, in accordance with the relevant import policy.

(2) Eligibility to apply.—A unit can apply for licences any time it can show consumption of imported raw materials and components in terms of the policy laid down. The licensing authority will not, however, enter- tain an application for licence from an applicant in whose case the un- utilised value of outstanding licences in hand, on the date of application, Is more than the C.I.F. value of consumption for the replenishment of which the import licence is claimed. The un-utilised value) of licences to be taken into account for this purpose will be the balance value avail- able in the customs copies of licences, reduced by the amount for which firm commitments have been made by opening letters of credit. The appli- cants should, therefore, make their applications for licences only when they are eligible to apply under this provision. There will be no last date for submission of applications.

(3) The condition regarding eligibility stated in sub-para (2) above has been relaxed in reppect of certain machine building industries. The applicants should consult the relevant import policy before applying for licences.

(4) Documentary evidence to be produced.—In support of consump- tion etc., the application for licence should be accompanied by a state- ment, in triplicate, indicating the C.I.F. value of the imported raw materials and components consumed by the unit, the production actually tuned out, the un-utilised value of licences in hand, in the proforma appearing in Appendix 14 duly certified by a Chartered Accountant. The applicant and the Chartered Accountant should ensure that the in- formation given in the statement is complete and accurate. Applications supported by incorrect statements will be liable to be summarily rejected, without prejudice to any other action that may be taken hi tils behalf. Tne licensing auhority may, if necessary, call for further evidence to verify the correctness of the information furnished in the said statement.

(5) One copy of the statement referred to in sub-para (4) above will be retained by the DGTD, and the remaining two copies will be sent to the licensing authority along with the application. The licensing authoritv will send one copy to the Central Excise authority concerned.

Industries other than priority Industries (D.G.T.D. units)

Import of raw materials, components and spares

74. (1) Applications on half-yearly basis.—The units engaged in indus- tries other than the priority industries should make consolidated applications for import of raw materials, components and spares on half-yearly basis.

3o3M4 1 HE GAZETTE or INDIA EXTRAORDINARY [PART I-SK". i]

(2) Eligibility to apply.—(a) The first application in a licensing period should be made, covering six months' requirements, after utilising the previous set of import licences for raw materials, components and spares issued to the unit, to the extent of 90 per cent by way of opening letter of credit, or 60 per cent by way of actual importation, or 70 per cent by shipment of goods.

(b) The second application, covering further requirements for six months, may be made after utilising the import licences issued against the first application upto the extent specified in sub-clause (a) above,

(c) The evidence showing utilisation of the previous set of licences, in the form of original or photostat of the Exchange Control or Customs copy of the licence(s), as the case may be, should be produced. In lieu of exchange control copy of the licence, a certificate from the concerned bank in support of opening of letter of credit may also be acceptable.

(d) There will be no last date for submission of applications.

(3) Lists of items to be imported—The applicant should furnish lists of items of raw materials and components sought to be imported, in the manner laid down in sub-para 70 (2) (b) above. It will not be necesary for the applicant to include in the list the spare parts to be imported. The licence will be valid for spare parts required for the plant, machinery and equipment installed or used in the licence holder's factory, subject to Such restrictions as may be imposed in terms of the relevant import policy.

Processing of applications and basis of licensing

75. (1) The applications for licences received In the Directomte ©eneral of Technical Development without the treasury challan showing the [payment of application fee or where the treasury challan furnished by the applicant is not of the correct amount which the applicant is reqiftwd to pay on the value applied for, niay be returned by the DiroctMKtte General of Technical Development to the applicant indicating to Mm the oonrect amount to bo paid as application fee and advising him to rMgHi- Mit the application with the treasury challan of the requisite amount wMria • specified time.

<2) Acknowledgement by DGTD.—While acknowledging tho appfc.^- tk", the Directorate General of Technical Development will also uxBCum the applicant about the deficiencies in his application. For the purWee of locating the deficiencies in an application, the Directorate Gcfltntt "f Technical Development may also check up whether the I.V.C. No. quoted by the applicant in his application is valid for the, licensing period to wfc"h tJie application pertains; and the deficiency, if any, in the I.V.C. No. ftwy also be communicated by the Directorate General of Technical Devetep- ment to the applicant along with other deficiencies in their acknowtedjje- ment-CMm^deflciency letter. The applicant will be given a specific mne- limil to make up the deficiencies.

<3) Monthly Production returns.—The Directorate General of Techni- oal Development will also check up whether the applicant has furnteh"d to them the complete monthly production returns for the preceding calon- dar year in res'pect of the industrial unit to which the application for licence pertains. In the case of units failing to submit complete monthly production returns, the applications for licences will be liable to be summarily rejected.

|PAKI I-Src. J] THE C.A/K1 IK OJ- INDIA K\ TRAORIHNAKY 30.3/45

(4) Basis oi recommendation.—-The recommendations for grant or refusal of licences will be made by the Directorate General of Technical Development on the basis of (i) foreign exchange availability or availability of other monetary ceilings (ii) availability of the goods applied for from indigenous sources or other commercial channels, (iii) essentiality of the {goods applied for, (iv) stocks in hand and expected arrivals, (v) past imports and past consumption of the jtem(s), in questions, by the applicant, (vi) actual production during the preceding period, (vii) estimated production and (viii) other factors considered relevant and necessary in terms of the policy in force. In his recommendation for the licence, the DGTD will indicate a separate allocation for raw materials and components, and a separate allocation for spares.

(5) Attestation of list of goods by DGTD.—The recommendation of the Directorate General of Technical Development will be forwarded to the CCI&E, along with one copy of the application for licence in each case and the treasury cnallan furnished by the party. Five copies of the list of goods recommended for import by the Directorate General of Technical Develop- ment including one copy of the list duly attested by them, will also be sent to the CCI&E along with the recommendation in all cases. The Directorate General of Technical Development will also send a copy of their recommendation to the applicant, returning to him there- with one copy of the Hst of goods applied for with such changes ai may be made by them in the list. If an applicant has furnished more copies of the list of items sought to be imported, depending upon th* number of licences to be issued against the application, the extra copiei sent by the applicant will also be forwarded by the D.G.T.D. to the C.C.I, & E. with the application for licence. If more than one licence is recommended against an application, and the applicant has not furnished the required number of copies of the list of items to be im- ported, the D.G.T.D., while sending a eddy of their recommendation to the applicant, will inform bim to send the required number of copies of the list of items to the Chief Controller of Imports and Exports direct. The number of copies of the list of items likely to be required may be calculated on the basis of seven copies for each licence to be issued.

(6) Processing in licensing office.—On receipt of the import application and the recommendation from the DGTD, the licensing authority will oheck up the TVC Number, treasury challan and other procedural point! relating to the import trade control rules and regulations. If the application is found to be in order, the licence will be issued or refused, aa the case may be, based on the recommendation of the Directorate General of Technical Development.

(7) Consolidated licences.—Import licences will be consolidated one*, covering the requirements of the applicant unit in respect of raw materials and components required for a particular end-product. In the case of units, engaged in industries other than priority industries, the requirements Ett respect of spare parts will also be included in the consolidated licence. In the case of units engaged in priority industries, however, separate import licences for spares will be issued in terms of the policy in force. Where consolidated licences for raw materials, components and spares are issued, the licensing authority may show the value separately for (\) raw materials and components and (ii) spares. Tn r-nch an erent, it will not be open I*

3O3/46 X HE G A Z E T T£ OI' INDIA EXTRAORDINARY [PART I-SEC. 1J

a licensee to divert any portion of the allocation for spare parts for the import of raw materials and components, unless otherwise provided in paragraph 84 in this book, or on the import licence concerned.

(8) Intimation to sponsoring authority.—(a) Where the licensing authority does not, for any reason, accept the advice/recommendation of the Directorate General of Technical Development in its entirety, necessary intimation to this effect will be given to the DGTD.

(b) Copies of the forwarding letters with which licences are sent to the applicants, will be endorsed by the licensing authority to the DGTD. In the subject matter of the letter in question, the 'end-product' will also be indicated. Similarly, inl the case of rejection letters, copies of the rejection letters will be endorsed to the DGTD.

(9) Cases In which separate licences will be issued.—Instead of issuing consolidated licences, the licensing authority will issue separate import licences in the following types of cases:—

(a) where the goods are sought to be imported by the, actual user through different agents on the basis of letters of authority;

(b) where the mode of payment i8 different, such as free foreign exchange, AID, rupee, etc.;

(c) where the goods are to be imported through different ports.

Note : In the case of priority industries, these will be separate applications and separate licences for import of spare parts.

(10) Restrictions on remtttances/atiUsailon of licences.—The licensing authority may impose on a licence for raw materials, components and spares, such condition or restrictions as it may consider necessary, regarding utilisa- tion or remittances.

(11) Amendment.—The requests for amendment of licences should also be routed through the Directorate General of Technical Develop- ment and such requests will be considered by the licensing authority on the recommendation of the Directorate General of Technical Development. However, requests for amendment of minor nature i.e. those not involving change in the value or items, will be entertained direct by the licensing authority.

(12) Revalidarion.—The procedure for making applications for revalidation of licences is given in Chapter XT of this book.

Scheduled Industries not borne on the Registers of the Directorate General ol Technical Development and non-Scheduled Industries other than

small scale

Import of raw ihaterials, components and spares

76 (1) Classification into two groups.—For the purpose of import applications for raw materials, components and spares, the actual users excluding small-scale units, not borne on the books of the D.G.T.D., for the particular end-product, have been classified into two groups, namely, (i) units sponsored by the States Directors of Industries, or State Drugs Controllers, and (ii) those looked after bv other sponsoring authorities.

[PAJIT I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3o3/47

(2) (a) In the case of units falling in group (i) in sub-para (1) above, whether engaged in priority industries listed in Appen- dix 12 or other industries, the procedure will be the same as for the S.S.I., units indicated separately in this chapter.

(b) In the case of units falling In group (ii) in sub-para (1) above, whether engaged in priority industries listed in Appendix 12 or other industries, the procedure for submission of applica- tions and grant of licences will be the same as for the D.G.T.D., units indicated sperately in this chapter. The ap- plications for import licences should be made by such units, to the licensing authorities concerned through the respective sponsoring authorities.

(3) Application form.—The import applications should be made, in duplicate, in the prescribed form 'B' given in this book. It is an applica- tion-cum-recommendation form. Where an import application is required to be made through the sponsoring authority, the sponsoring authority will give its recommendation in Part HI of the application form, and will, thereafter, forward the application to the licensing authority concerned for necessary action.

(4) Applications for licences should be accompanied by:—

(a) treasury/bank receipt showing the payment of application fee

on the value applied for;

(b) the required number of copies of the list of items sought to be imported as indicated in paragraph 70(2) (b) in this Chap- ter.

(c) any other document/Information considered necessary or He- quired in terms of the provisions of thia Book or the relevant Import Trade Control Policy Book or any Public Notice/ Trade Notice issued in this regard.

(5) Sponsoring authorities.—The names of sponsoring authorities through whom the actual users are required to submit their applications for licences, wherever necessary, are given hi Appendix 15 to this Book. Sponsoring authorities will forward the applications with their recommen- dations to the Regional licensing authorities concerned/licensing authori- ties as indicated in the relevant Import Trade Control Policy (Red Book).

(6) Licensing authorities.—Schedule industries not borne on the books of the D.G.T.D., and non-schedule industries excluding small scale, falling in sub-group (ii) in sub-para (i) of this paragraph, should make their im- port applications for raw materials, componets and spares to the regional licensing authority in whose jurisdiction the unit is situated, except for the items for which the import licensing has been centralized with any parti- cular licensing authority. However, units engaged in the following Indus-

303/48 >11Ji GAZEiIE CM INDIA EXTRAORDINARY [PART I-SHC, 1|

tries should submit their import applications to the licensing authorities in •dicated against each, respective of the place where the unit is situated:---

        Industry                              Licensing  authority
  (i) textile  other   than   jute    Joint  Chief  Controller  of  Imports
       and  hemp.                     and  Exports,  Bombay.
  (H)  textile  engineering.          Joint  Chief  Controller  of  Imports
                                      and  Exports,  Bombay.
 (Ui) tea                             Joint  Chief  Controller  of  Imports
                                     and  Exports,  Calcutta.
 (iv) collieries                      Joint  Chief  Controller  of  Imports
                                      and  Exports,  Calcutta.
  (v) jute  and  rope                 Joint  Chief  Controller  of  Imports
                                     and  Exports,  Calcutta.
 (vi) coffee                          Joint  Chief  Controller  of  Imports
                                     and  Exports,  Madras.
 (vii) sugar                          Joint  Chief  Controller  of  Imports
                                      and  Exports  (CIA),  New  Delhi.
(viii) vanaspati                      Joint  Chief  Controller  of  Imports
                                      and  Exports  (CLA),  New  DeUd.

coir

(i*)

Deputy Chief Controller of Imports and Exports, Emakulam.

(7) Consolidated applications.—An application for a licence should be 'Oenaoudated application covering the requirements of the unit in respect of i"w materials and components required for the particular end-product t" which the application pertains, but excluding the items liccnsable by tHe Iron and Steel Controller, or an item for which import licensing has be*i centralized with any particular licensing authority. In the case of I.DA. industries, the consolidated application should also Include items liccnsable •by the Iron and Steel Controller. In the case of units engaged hi industries other than the priority industries, the consolidated application should ta elude spare parts also. The units engaged in the priority industries are re- quired to submit separate application for spare parts including spare parta .of machine tools. The applicants should make applications after carefifl consideration go that the necessity for applying for a change in the descrip- tion of items or introducing any new item at a later stage does not arise. Unless there are special reasons, the requests for amendment or addition to Hi© Ust or description of items or value thereof will not be entertained.

NOTE:—Where an actual user has to import goods through different agents by obtaining letters of authority in favonr of such agents, the appli- cation for licence should be accompanied by separate lists of goods to be imported through each agent. In such cases the actual user oan also make separate applications for licences in respect of goods to be imported by him through different agents.

(8) While applying for licences, the applicants should follow the ;ns- -tructions as stated in sub-para 5 of paragraph 70 in this chapter, wherever appllcab'e.

[PART I-stc. lj THE GA/JiTJli Ot INDIA EXTRAORDINARY 3o3/49

(9) Registeration of uon-DGTD, non-SSI Units.—(a) It has been decided that the scheduled industries not borne on the books of the D.G.T.D. and non-scheduled industries other than small scale, shoulud get themsel- ves registered with their respective soposoring authorities.

(b) A form of application for registration is given in Appendix 16. the sponsoring authority may also call for any additional information from the •applicant for considering his application for registration.

(cj (The Registration Number allotted to the unit by the sponsoring authority should be quoted in the import application, (For the period April 1968—March 1969 applications for licences will be entertained without a Registration Number quoted therein).

Processing of applications and basis of licensing

77. (1) Scrutiny of sponsoring authority.—In cases where applications for licences are required to be made through the sponsoring authorities, the sponsoring authority will send to the applicant an acknowledgement of the application, also indicating therein the deficiencies in the application. For the purpose of locating deficiencies in the application, the sponsoring authority will also check up the I.V.C. No. and the treasury challan furnished by the applicant showing the payment of application fee. In regard to the I.V.C. number, the sponsoring authorities will check up whether the number quoted by the applicant^ valid for the licensing period to which the application pertains. In the case of treasury challan the sponsoring authority will see whether the applicant has paid the correct amount due from him on the value applied for. The deficiencies in the I.V.C. number and the treasury challan will also be communicated by the sponsoring authority to the applicant along with other' deficiencies in (fc" acknowledgement-cum-deficiency letter sent to the applicant. Tke B l a- tant will be given specific ;time limit to make up the deficiencies.

\2) Recommendation by sponsoring authority.—In cases where a a i- aations for licences are required to be made through the sponsoring autnV fities, the sponsoring authority will prepare 4 copies of bis reoammendfe- tMm for licence in each case in Part III of the (application form. Of these 4 copies, one copy will be sent by him to tho applicant, one will be rttalnott in his own office , and two copies will be sent by him to the licendaf authority concerned along with one copy of the application and tho treasury challan furnished by the party. The lists of items will also be sent by tke sponsoring authority duly attested by him. In his recommendation for the licence, the sponsoring authority will indicate a separate value of raw materials and components, and a separate value for spares.

(3) Scrutiny by licensing authority.—On receipt of the application. Ihe licensing authority will check up the I.V.C, No., the Treasury Challao and other procedural points as required in terms of the Import Trade Control Rules and Regulations. The deficiencies, if any, found therein wiJl be communicated to the applicant giving him a specified time limit to make up the deficiencies. In the case of applications found to be in order, the licensing authority |will proceed to consider the case on merits on the basis of the certified requirements having regard to the following:—

(i) availability of foreign exchange or other monetary ceilings.

3o3/5o T HE GAZETTE Of INDIA EXTRAORDINARY [PART I—SEC. 1]

(ii) the stocks held and expected arrivals against the licences in hand as on the date of application for licence.

(iii) the quantity of goods or its substitutes likely to be made avail- able through indigenous sources or other commercial channels;

(iv) past imports/past consumption of the item in question by the applicant;

(v) the actual production during the preceding period and the estimated production, and

(vi) any fall in production on account of circumstances such as break- down of machinery, labour relations, want of funds, etc.

(vii) other factors considered relevant and necessary in terms of the policy in force.

(4) Consolidated licences.—Import licences issued for raw materials, components and spares will be consolidated licences except that in the fol- lowing types of cases, separate licences will be issued:—

(a) Where the goods are sought to be imported by the actual user

through different agents on the basis of letters of authority;

(b) Where the mode of payment is different, such as free foreign exchange, AID and rupee etc.

(c) Where the goods are to be imported through different ports.

NOTE:—In the case of priority industries there will be separate applications and separate licences for import of spare parts.

(5) Inttatttions to sponsoring anthorttiea.—In all cases, the ttceofuig authorities will send intimation to the sponsoring authorities concerned regarding the grant or refusal of import licences to idividual units. The letters endorsod to the sponsoring authorities in this regard will also indi- cate the name of the end-product. In the case of I.D.A. Industrie*, a separate intimation of the licence issued will be endorsed to the concerned office in the Iron & Steel Controller's organisation.

(6) Restrictions on remittances/utilisation of licences.—The licensing authority may impose on a licence for raw materials, components and spares, such conditions or restrictions as it may consider necessary, regard- ing utilisation or remittances.

(7) Amendment.—The requests for amendment in the value or the items permitted in the licence should also be made to the licensing authority concerned through the appropriate sponsoring authority. However, the requests for amendment of minor nature i.e. those not involving change in the value of items will be entertained direct by the licensing authority.

(8) Revalidatlon.—The procedure for making applications for revalida- tion of licences is given in Chapter XI of this book.

I^AUT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/5l

SMALL SCALE INDUSTRIES

78. Definition of Small Scale Industries.—(1) Small Scale Industries will include all industrial units with a capital investment of not more than Rs. 7.50 lakhs irrespective of the number of persons employed. Capital investment for the purpose of this definition will mean investment in plant and machinery only. When calculating the value of plant and machinery, the original price paid by the owner, irrespective oi whether the plant and machinery are new or second-hand, will be taken into account.

(2) Ancillary units.—In the case of ancillary units engaged in industries listed in Appendix 17, the capital investment limit of Rs. 7-50 lakhs referred to in sub-para (1) of this paragraph has been relaxed and raised up to Rs. 10 lakhs. Therefore, such units having fixed assets up lo Rs. 10 lakhs instead of Rs. 7-50 lakhs, will also be covered by the definition of small scale industries. Amongst these industries, an ancillary unit will be a unit which produces parts, components, sub-assemblies and tooling for supply against known or anticipated demand of one or more large units manufac- turing/assembling complete products, and which is not a subsidiary to or controlled by any large units in regard to the negotiation of contracts for supply of its goods to any large unit. This shall not, however, preclude an ancillary unit from entering into an agreement with a large unit giving it the first option to take the former's output. The units which are set up primarily for replacement market will also fall within the scope of this criteria. The units manufacturing tools, jigs and fixtures will also be re- cognised as ancillary units.

(3) The procedure for submission of import applications for raw materials, components and spares, applicable to small scale units, will also apply to such of the non-S.S.I. units as are looked after by State Direc- tors of Industries or State Drugs Controllers. The flat rate of application fees prescribed for small scale units will not, however, apply to such units.

Procedure tor submission of applications for raw materials,

components and spare parts.

79. (1) Licensing authorities.—The licensing authority concerned in the case of small scale industrial units will be the regional licensing authority in whose territorial jurisdiction the factory of the actual user is located irrespective of the fact whether the licensing in respect of any item applied for is centralised with any particular licensing authority. The licences for import from rupee payment area to the small scale unit will also be issued by the concerned regional licensing authority. However, in the case of textile engineering industries, hosiery and powerlooms in the small scale sector, the licensing authority will be the Joint Chief Controller of Im- ports and Exports, Bombay,

(2) Sponsoring authorities.—The sponsoring authority in the case of small scale industrial units is the respectives State Director of Industries.

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•xcept that in the case of the following industries in the small scale sector, the sponsoring authorities will be as indicated against each :—

Industry

Sponsoring authority

(i) Textile engineering indus- try, hosiery industry and powerlooms industry.

(ii) Handloom industry.

(ill) Fishery industry.

(iv) Fruit and vegetable pre- servation industry.

(v) Coffee industry.

(vi) Jute and rope industry.

(vii) Pharmaceutical industry.

Textile Commissioner, Bombay.

State Director of Handloom.

State Director of Fisheries.

Director of Marketing and In- spection, Ministry of Food and Agriculture, Govern- ment of India, Nagpur.

Chairman, Coffee Board, Ban- galore.

Jute Commissioner, Calcutta.

State Drug Control Authori- ties as given in Appendix (18) to this book.

1926 (Ai) LSD—4. Chairman, Coir Board, Erna- pasiioqqnj Stnpnpm) kulam.

coir products)

(3) Form of application.—The prescribed form of application for licence for import of raw materials, components and spare parts, to be used by small scale units, is Form 'B' as given in this Book. This is an appli- cation-ewm-recommendation Form, having three Parts. Parts I & II are to be filled in by the applicant. Part in will contain the recommendation of the sponsoring authority, and it will be filled in by the sponsoring autho- rity ic cases where applications for Import licences are required to be nride through such authorities.

(4) Applications for licences should be submitted in the prescribed form. Only one copy of the application should be submitted, except that, in cases where an application is required to be made through the sponsor- ing authority, it should be sent in duplicate. The applicants should give, in their import applications, full details of the goods applied for, their ITC classification, the value/quantity in respect of each item and the end use for which the goods are required. The application should be accompanied with the following:

(i) Treasury Challan/Receipt of Rs. 50/- towards application fees, irrespective of the value of goods applied for.

(ii) Required number of copies of the list of items sought to be imported as indicated in sub paragraph 70(2)(b).

(iii) Any other documents/information considered necessary or required in terms of the provisions of this Book or the relevant Import Trade Control Policy Book or any Public Notice/ Trade Notice issued in this regard.

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(5) Consolidated applications.—An actual user in the small scale sector should make a consolidated application covering the requirements of the unit in respect of raw materials and components required for the particular end-product to which the application pertains, but excluding the items liccnsable by the Iron and Steel Controller. In the case of I.D.A, industries, the consolidated application should also include items licensabk by the Iron and Steel Controller. In the case of units engaged in indus- tries other than the priority industries, the consolidated application should include spare parts also. The units engaged in the priority industries are required to make separate applications for spare parts including spare parts of machine tools. The applicants should make applications after careful consideration so that the necessity for applying for a change in the description of items or introducing any new item at a later stage does- not arise. Unless there are special reasons, the request for an amendment or addition to the list or description of items or value thereof, will not be entertained.

Note.—Where an actual user has to import goods through different Agents by obtaining Letters of Authority issued in favour of such Agents, the applications for licence should be accom- panied by separate lists of goods to be imported through each Agent, In such cases, an actual user can also make separate applications for licences in respect of goods to be imported by him through different Agents.

S.S.I. Units engaged in priority industries

(6) The existing units in the small scale sector, engaged in priority industries, should make their import applications separately for (I) raw materials and components, and (ii) spare parts, in the same manner as has been laid down in respect of the units in the priority sector borne on the books oF the D.G.TD, The existing units in the small scale sector should make their import applications for raw materials, components and spares to the regional licensing authorities concerned direct, and not through the sponsoring authorities.

S.S.I, units engaged in industries other than the priority industries

(7) (a) Consolidated application.—The existing units in the small scale sector engaged in industries other than the priority industries, should make a consolidated import applications for raw materials, components and spares to the regional licensing authorities concerned direct, and not through the sponsoring authorities.

(b) Application on annual basis.—The application should cover the annual requirements of the unit in respect of raw materials, components and spares.

(c) Eligibility to apply.—The units can apply for their licences for raw materials, components and spares after they have utilised their previous set of licences for raw materials, components and spares to the extent of 90 per cent by way of opening letter of credit, or 60 per cent by way of actual importation, or 70 per cent by shipment of goods. There wilJ be no last date for submission of applications.

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(d) The evidence showing utilisation of the previous set of licences, in the form of original or photostat of the Exchange Control or Customs copy of the licence(s), as the case may be, should be produced. In lieu of Exchange Control copy of the licence, a certificate from the concerned bank in support of opening of letter of credit may also be acceptable.

Processing oi applications and basis of licensing

80. (1) The licensing authorities will consider the applications having regard to the following factors:—

(i) recommendation of the sponsoring authority, wherever neces- sary;

(ii) recommendation of the Development Commissioner, Small Scale Industries, wherever necessary;

(iii) availability of foreign exchange or other monetary ceilings;

(iv) the stocks held and expected arrivals against the licences in hand on the state of application of the licence;

(V) the quantity of goods or its substitutes likely to be made avail- able through indigenous sources or other commercial channels;

(vi) past imports/past consumption of the item in question by the applicant;

(vii) the installed capacity, actual production during the previous period and estimated production;

(viii) any fall In production on account of circumstances such as break-down of machinery, labour relations, want of funds etc., and

(ix) other factors considered necessary and relevant in terms of the policy in force.

(2) In cases where import applications are required to be made through the sponsoring authorities, the sponsoring authority will prepare four copies of his recommendation in each case in Part III of the application. Of these 4 copies, one copy will be sent by him to the applicant, one will be retained in his own office and two copies will be sent to the licensing authority along with one copy of the application and the treasury challan furnished by the party. In his recommendation for the licence, the sponsoring authority will indicate a separate value for raw materials and components and a separate value for spares. Wherever necessary in terms of the import policy in force, the application wfll be forwarded by the sponsoring authority through the Development Commissioner, (SSI), New Delhi.

(3) In respect of applications for import licences, which are required to be made by the applicants through the sponsoring authorities, the spon- soring authorities will make their recommendations for licences subject to the following:—

(a) The sponsoring authority will not recommend import of any item which is not licensable to actual users in terms of the rele- vant import policy.

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(b) in the case of items which are permissible in terms of the relevant import policy for a specified end-product only, the sponsoring authority will ensure that licences are recommended for items permissible for the specified end-product.

(c) in the case of items for which the requirements are to be met by actual users through 'an approved agency such as the State Trading Corporation, the sponsoring authority will recommend a licence only if the said agency is not in a position to supply the goods within a reasonable period. A certificate to this effect will also be given by the sponsoring authority in his re- commendation for licence; and

(d) in cases where the sponsoring •authority recommends any new item to actual users, it will be his responsibility to see that the c.i.f. price quoted by the applicant in his application is correct. For this purpose the sponsoring authority will either ask the applicant to produce the proforma invoices or he will compare the c.if. price quoted by the applicant with the price for the same item quoted by other parties,

(4) On receipt of the •application, the licensing authority will check up entries in the application form including the I..V.C. Number -and the treasury challan. If any deficiency is found therein it will be communicated by the licensing authority to the applicant giving him a specified tune to make up the deficiencies. Tn the case of applications having no deficiency, the import licence or the rejection letter as the case may be, will be jissued to the applicants by the licensing authorities.

(5) Intimation to sponsoring authorities,—(a) In all cases, intimation about the grant or refusal of the licence will be sent by the licensing authority to the sponsoring authority concerned. For this purpose a copy of the licence forwarding letter or rejection letter, as the case may be, will be endorsed to the sponsoring authority concerned, Tn the forwarding letter will also indicate the end-product.

(b) In cases where applications for licence are made through the sponsoring authorities, the licensing authority will also send back to ths •sponsoring authority one copy of the recommendation for licence indicating the action taken thereon.

(c) In the case of IDA industries, a separate intimation of the licence issued will be endorsed to the concerned office in the Iron and Steel Controller's Organisation.

(d) The licensing copies authority will send the consumption statement to the sponsoring and Central Excise authorities /concerned.

(6) Consolidated licences.—Import licences for raw materials, com- ponents and spares will be consolidated licences except, that in the following types of cases, separate licences will be issued:—

(a) Where the goods are sought to be imported by the Actual User through different agents on the basis of letters of authority; and (b) Where the mode of payment is different, such as free foreign exchange, rupee etc.

(c) Where goods are to be imported through different ports. NOTE.—In the case of priority industries, there will be separate applica- tions and separate licences for import of spare parts.

49 G. of I. Ex.—6

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(7) The State Director of Industries and other sponsoring authorities will send abstracts of their recommendations periodically to the DC (SSI) or to the controlling authority concerned in a form which will be decided by the DC(SSI)/controlling authority in consultation with the Directors of Industries/sponsoring authorities. Through such abstracts, the DC(SSI)/controlling authority will undertake ex-post facto checks of the recommendations made by the Directors of Industries/sponsoring authori- ties with a view to see whether they have followed the overall import policy and the general directions given to them.

(8) In the case of industries sponsored by the State Drugs Controllers,. State Directors of Fisheries and State Directors of Handloom in the small scale sector, the functions of the DC(SSl), will be performed by the Drugs. Controller of India, New Delhi, Fisheries Development Adviser to the Government of India, Ministry of Food and Agriculture, New Delhi, and the Textile Commissioner, Bombay, respectively.

81. The specific role of the organisations of the DC(SSI), controlling authorities, the sponsoring authorities and the licensing-authorities in the processing of applications and grant of licences to S.S.I. Units is summaris- ed below: —

(a) Role of the jDC(SSI) and other controlling authorities:

(i) To distribute ceiling to the States on the basis laid down, in case it is decided to allocate the ceiling to the sponsoring authorities;

(ii) To give general directions to the sponsoring authorities as may be required from time to time;

(iii) To convene meetings of the SSI Committee and circulate its recommendations; (For DC, SSI, only).

(iv) To undertake ex-post-facto check of the recommendations made by the sponsoring authorities with a view to see whe- ther the sponsoring authorities have followed the over-aO import policy and the general directions given to them.

(v) To co-ordinate the work of licensing to S.S.I. Units bet- ween the licensing authorities and the sponsoring autho- rities.

(b) Role of the sponsoring authorities:

(i) To recommend applications for grant of licence? and for- ward the same to the licensing authority concerned in ac- cordance with the prescribed procedure in cases where the import applications are required to be routed through the sponsoring authorities.

(ii) To ensure compliance with the general directions issued by the DC (SSI) or controlling authority and the policy laid down in the matter of assessment of requirements;

(iii) to devise a policy to govern recommendations in cases othei than those covered by (ii) above;

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(iv) to obtain clearance from indingenous angle, wherever neces- sary, before recommending licences;

(v) To ensure that in respect of items available from the STC etc. the licences are recommended only after obtaining the necessary clearance from the STC etc.;

(vi) To ensure that recommendations do not exceed the ceiling allotted to the sponsoring authority and also to see that a small cushion is kept in reserve for implementing deci- sions in appeals, in the event of the ceiling being allocated to the sponsoring authorities.

(vii) To send an abstract of the recommendations made to the DC(SSI) or controlling authority.

(viii) To undertake ex-post-check of the industrial units to see whether the imported material has been properly utilised and to report cases involving misuse of such material or breach of conditions of licences to the licensing authority and C.C.I. & E.

(c) Role of the licensing authorities :

(i) To issue licences on the basis of the recommendations of the sponsoring authorities where such recommendations are in consonance with the policy /procedure in force;

(ii) In the case of rejections, to communicate reasons thereof to the applicants;

(iii) To take penal action against the licensees or importers for violations of import and export control regulations;

(iv) To watch the utilisation of ceiling, if any.

NEW UNITS

(Both In the large and the small scale sectors)

82. (1) Definition.—The new units are those to whom no import licences for raw materials, components and spares have been issued for the licensing periods April 1966—March 1967 and April 1967—March 1968, and who have either got the requisite machinery installed, or have made firm arrangements for machinery and premises and power supply, where necessary.

(2) New Units (Priority industries).—(a) The new units, both in the large and the small scale sectors, should make their first and second import applications for raw materials and components in a licensing period, through the sponsoring authority concerned, each covering their requirements for six months. Subsequent applications can be made by them on the basis of actual consumption, in the same manner as has been laid down (or the existing units engaged in the priority industries.

(b) In the case of proposed units, the sponsoring authority will re- commend a licence against the second application only after the unit has gone into production.

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(e) Applications for import of spare parts should be made by such units through the sponsoring authorities concerned.

(3) New Units (Industries other than priority industries.—(a) The new units pertaining to this category, both in large and the small scale sectors, should make consolidated import applications for raw materials, components and spares to the licensing authorities concerned through the sponsoring authorities concerned.

(b) The small scale units and such of the inon-SSI units as are spon- sored by the State Directors of Industries or State Drugs Controllers, and who have the requisite machinery installed, should make their import appli- cations on annual basis, while the other units, including the proposed units, should apply on a half-yearly basis. The second application from such units can be made after the unit has utilised the licences issued against the first application up to the extent specified for the existing units. In the case of proposed units, the sponsoring authority will recommend a licence against the second application only after the unit has gone into production.

(4) In order to discourage new industries for the manufacture of items for which adequate capacity exists in the country and to ensure rational growth, the sponsoring authority will not recommend a licence on an appli- cation from a new unit for the import of materials .'required for the manu- facture of an end-product which is banned in terms fo the relevant policy in force from time to time.

Registration of small scale industries

83. (1) A Scheme for the registration of Small Scale Industries was introduced in the year I960. Under the scheme, all the Small Scale In- dustries consuming imported raw materials and components, non-ferrous metals and steel items were required to got themselves registered with the respective State Directors of Industries by the 31st March, 1961.

(2) The Registration number •allotted to the Small Scale Industries under the scheme is required to be quoted by them in their •application for Import licences or for allotment of non-ferrous metals and steel. In the absence of the Registration Number, the application is liable to be sum- marily rejected.

(3) The State Directors of Industries should send to the regional licens- ing authority concerned, a copy of the Registration Certificate issued to a small scale unit. Also, intimations in regard to the cancellation of S-S.L. Registration Numbers, or of any amendments therein, should simultaneously be intimated by the State Directors of Industries to tho licensing authorities concerned.

Flexibility allowed to actual users

84. (1) With a view to providing flexibility to the industry in the use of foreign exchange released to it, the holders of actual (users licences for raw materials/components/spare parts, may, in their discretion, utilise their

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licences in the manner indicated below, without obtaining any specific en- dorsement to this effect from the licensing authorities:—

(a) The licensee may import any item(s) covered by his licence, without any limit of quantity or value, provided the total import does not exceed the overall face value of the licence. However, if in respect cf any item(s) covered by his licence, a face value restriction, or value limit, or quantity limit, has been indicated in the licence or made applicable, the licensee can import such item(s) more in value or quantity, as the case may be, not ex- ceeding 10 per cent of the specified limit, or quantity limit, or face value restriction, provided the total import docs not exceed the overall face of the licence.

(b) The licensee may import permissible spare parts and small tools, including spare parts of machine tools, against his licence for raw materials and components, to the extent of 25 per cent of the face value of the licence, within the overall value of the licence. For this purpose, permissible spare parts/small tools have been defined as under :—

(i) the permissible spare parts are those which are required for the plant, machinery and equipment, installed or used in the licence holders' factory, but spare parts which are listed in Appendix 2 to the relevant Import Trade Control Policy (Red Boo]: Vol. I) will not be allowed to be imported;

(ii) the permissible small tools are those which are classified under Sr. No. 20 of Part II of the l.T.C, Schedule and are shown as licensable to actual users in the relevant Import Trade Control Policy Book (Red Book Vol. I) excluding those specified in Appendix 15 of the said Policy Book;

(iii) the permissible spare parts of machine tools are those which are required for the machine tools installed or used in the licence holder's factory. The import of spare parts of machine tools specified hi Schedule 'B' of Appendix II to the relevant Import Trade Control Policy Books (Red Book Vol. I) will not be allowed.

(c) Within the 25 p"fr cent of thoitotal value indicated in (b) above, the licensee may utilise up to 5 per cent of the total value of the licence, or Rs. 4,000, whichever is leas, for the import of even the spares listed in Appendix 2 to the relevant Import Trade Control Policy (Red Book Vol. I), provided these are required by the licensee for the plant, machinery and equipment, installed or used in his factory.

(d) The licensee may import spare parts listed in Appendix 2 to the relevant Import Trade Control Policy (Red Bock Vol. I) against his consolidated licence for raw materials, components and spares, to the extent of 5 per cent of the face value of the licence or Rs. 4,000/-, whichever is less, provided these are re- quired by the licence for the plant, machinery and equipment, installed or used in his factory.

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(2) The provisions of sub-para (1) of this para will be applicable to actual user licences for raw materials/components/spare parts only and not to licences for machinery; and these provisions will apply to the import licences issued on or after 1-4-1968. For the earlier licences, the provisions made in paragraph 84 of the Import Trade Control Hand Book of Rules and Procedure 1967 as amended, will be applicable.

(3) For the purpose of application of the provisions of sub-para (I) of this para, the following points are clarified :—

(i) these provisions will also apply to import licences issued 10 actual users under the import policy for registered exporters,

(ii) these provisions will also be applicable to licences for import of newsprint and art paper issued to actual users;

(iii) these provisions will also apply to licences issued to the State Trading Corporation or other similar agencies, for the import of raw materials and components, to meet the requirements of an actual user, for which a letter of authority has been isued to the concerned actual user;

(iv) the relevant policy for the purpose of determining whether an item is permissible or not, for availing of these provisions, will be the nolicy in force at the time of issue of the licence,

(4) The provisions of this paragraph will not be applicable to licence issued by the Iron and Steel Control Organisation.

(5) The provisions of this paragraph will not be applicable to import licences issued under the National Defence Remittances Scheme.

Conversion of actual user licences for raw materials, components, spares

and non-ferrous metals for importing steel and vice versa

85. (1) With a view to providing greater flexibility to actual users (scheduled and non-scheduled industries including small scale) in the utili- sation of foreign exchange, the holders of actual user licences for raw mate- rials, components, spares, non-ferrous metals and steel issued against free foreign exchange may, in their discretion, utilise their licences in the manner indicated below:—

(i) the licensee may import steel against his import licence for raw materials, components spares and non-ferrous metals, within the face value of the licence, provided that the item to be im- ported is that tor which the licensee holds a valid actual user import licence at the tune of shipment of the goods, subject to the following further conditions:—

(a) the item to be imported is not banned or canalised in terms of the import policy in force at the time of shipment;

(b) tiie item to be Imported is not subject to any value or quan-

titative restrictions; and

(c) the import of stainless steel sheets/plates/strips/circles, of

any specifications will not be permitted under this facility.

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(nj the licensee may import any item of raw materials, components, spares and non-ferrous metals against his licence for steel, with- in the face value of the licence, provided that the item to be imported Js that for which the licensee holds a valid actual user import licence at the time of shipment of the goods, subject to the following further conditions:—

(a) the item to be imported is not banned or canalised in terms

of the import policy in force at the time of shipment; and

(b) the item to be imported is not subject to any value or quanti-

tative restriction.

(2) Import licences isued to actual users against free foreign exchange for the import of raw materials, spares, components, non-ferrous metals and steel in terms of the provisions of this paragraph will automatically be valid lor utilisation in the manner indicated in sub-para (1) of this paragraph. It will not be necessary for the licensee to obtain a specified endorsement from the licensing authority for this purpose. At the time of clearance, the licensee will be required to produce to the Customs authorities the necessary evidence to enable to allow import of items permissible in terms of sub- para (1) of this paragraph.

(3) The import licences for steel items issued by the Import Trade Control authorities will also be treated as licences for steel items for the purpose of the provisions made in this paragraph.

(4) The provisions made in this paragraph will also apply to import licences issued to actual users under the import policy for Registered Ex- porters.

(5) The provisions made in this paragraph will not apply to import licences for 'emergency' spares issued to actual users and also to import licences for spare parts issued to the actual users engaged in the priority industries.

(6) The provisions made in this paragraph will also not apply to the licences issued under the National Defence Remittance Scheme.

(7) These provisions will apply to import licences issued on or after 1-4-1968. For earlier licences, the provisions made in paragraph 85 of the Import Trade Control Hand Book of Rules and Procedure 1967, as amend- ed, will be applicable.

Limiting factor

86.(1) Import licences for raw materials/components/spares issued to ^actual users, including those Issued under the import policy for Registered Exporters will have 'value' as limiting factor. But this will be subject to the provisions made in paragraph 84 above.

(2) Import licences Issued to actual users for Import of capital goods, machinery and equipment will be subject to both 'quantity' and 'value' as limiting factor. The concessions regarding flexibility as provided in para- graphs 84 and 85 above will not be available tor such licences: and it will

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not be open to the licensee to import any item in excess of the quantity limit or value limit specified for that item in the licence, even if the excess- import is within the overall value of the licence. If a licensee requires ta import any item covered by his licence for a quantity exceeding the limit indicated for that item in the licence, within the overall face value of the- licence, he may approach the licensing authority concerned through th& sponsoring authority for suitable amendment in the quantity limit already indicated in the licence. In such cases, the licensee should also give reasons. in support of his request, which will be considered by the licensing authority on merits.

Minimum value of yV.U. licences and import through States-sponsored

Corporations.

87. (1) In order that it may not be uneconomical for the licensees ii* the small scale sector to effect imports against small value licences, it has- been decided that no direct import licence will be issued in favour of an actual user applicant in the small scale sector where the entitlement of the actual user, against an import application, under the import policy in force works out to less than Rs. '> 1,000/-. The import requirements- of such units will be pooled and imports will be arranged in bulk through. State-sponsored Corporations.

(2) In respect of the requirements which are thus pooled through the1 State-sponsored Corporation, the Corporation will be required to make an import application in its own name to the licensing authority concernedS through the sponsoring authority, accompanied by:—

(i) a statement giving the 'particulars of units (name and address of the unit, end-product and the value of its entitlement whose requirements are pooled through the Corporation.

(ii) an undertaking on a plain paper from each of the units con- cerned to the effect that the imported goods will be utilised by it in its own factory, for the purpose for which the import is required.

(iii) treasury challan showing the payment of application fee on the:

value applied for.

(iv) any other document that may be necessary under the policy in force.

(3) Import licences issued to the Corporations in such cases, will be subject to the condition inter-alia, that the imported goods shall be- distributed by the licensee to the small scale units whose particulars are shown in the relevant import application, for use in their respective factories.

(4) The provisions made in this paragraph will not apply to licences issued to actual users under the import policy for Registered Exporters.

(5) The provisions made in this paragraph will also not apply in cases where the value of the licence issued to an actual user is less than Rs. 1,000 on account of more than one licence to be issued to enable the- applicant to import goods through different agents or at different ports.

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Co-operative Societies engaged in Industrial Production

88. (1) For the purpose of these provisions, a Co-operative Society will mean any Co-operative Society registered under the Co-operative Societies Act, applicable to the State where the Society is situated, and includes Co-operative Societies undertaking production or service, activities.

(2) A Co-operative Society may either be engaged in providing 'services'1 to its members who undertake production on their own account, or it may itself be engaged in industrial production.

(3) Co-operative Societies undertaking services on behalf of their Members who are engaged in production on their own account.—(a) A Co-operative Society can apply for import of raw materials, components, and spares on behalf af its member units engaged in industrial produc- tion in their respective factories/workshops. The procedure, for submis- sion of application will be the same as applicable to other actual users.

(b) The import application should be supported by a statement indicat- ing the particulars of each member unit of the Society and the import re- quirements of each unit in respect of a particular end-product. It should also be supported by an undertaking on a plain paper from each member unit of the, Society to the effect that the imported goods supplied to it shall be used by it in its factory/workshop and n0 portion thereof shall be sold to or permitted to be utilised by any other party.

(c) In cases where import applications are required to be made through the sponsoring authorities, the State Registrar of Co-operative Societies will act as the sponsoring authority if he is in-charge of the development of the Society; and the, applications in such cases can be made through him.

(d) The application should be supported by a treasury challan towards- application fees. The amount of application fees to be paid should be calculated ou the total value applied for in accordance with the prescribed scale of fees, and not in relation to the requirements of each member unit separately.

(e) The applicant Society will be required to furnish valid IVC Regis- tration/Exemption Number in its own name, but import licences will be- issued for one year in anticipation of the production of such number. It will not be necessary for the Society to furnish IVC Number pertaining to its individual members.

(f) While considering the application, the licensing authority will cal^ culate the entitlement of each member unit of the Society separately; and the value of the licence to be issued to the Society will be equal to the aggregate value of all the licences which could have been issued to the individual member units had they applied separately.

(P) Imlport licences issued in such cases will be subject to the condi- tions:inter-alia,'that the goods imported under the licence shall be distri- buted by the licensee Society to its members, whose names and addresses have been shown in the relevant import application and such goods shall be used in the factories of the members concerned, for the purpose for which import has been allowed, and no portion thereof shall be sold to or

303/64 T HE GAZETTE OF INDIA EXTRAORDINARY [PAKT 1-SEC. 1]

^permitted to be utilised by any other party. The member unit shall main- tain proper account of consumption of imported materials in the prescribed manner.

(4) Societies engaged in production.—(a) A Co-operative Society may •undertake production in its own workshop, or in the workshops of its in- dividual members but on it? own account, or by providing only the common facility workshops to be used by its members for certain jobs, while the remaining activities are carried out by the members in their own workshops on their account.

(b) In all these cases, a Co-operative Society can apply for an import 'licence lor raw materials, components and spares in its own name; and .the provisions made in sub-paragraph (3) above will apply in these cases, with suitable changes in the condition to be imposed on the licence regard- ing utilisation of the imported material. In such cases, the Hcetnce will be subject to this condition that the imported materials shall be used by the licensee society in its own factory/workshop, or distributed for use in the factories/workshops of its members indicated in the relevant import application, for the purpose for which the import has been allowed, and no portion thereof shall be sold to or permitted to be utilised by any other party. The society/its member units shall maintain proper account of consumption of the imported material in the prescribed manner.

Conditions of Actual User licences

89. (1) Import licences issued tD actual users, including those issued under the import policy for Registered Exporters, will be subject to the following condition inter-alia issued subject to the following condition:—

"This licence is issued subect to the condition that all items of goods imported undci it shall be used only in the licence holder's factory at the address shown in the application against which the licence- is issued and for the purpose for which the licence is issued, or may be processed in the factory of another manu- facturing unit, but n0 portion thereof shall be sold to any other party or utilized or permitted to be used in any other manner. The gloods so 'processed in another factory shall, however, be utilised in the manufacturing processes undertaken by the licensee. The licensee shall maintain a proper account of consumption and utilization of the goods imported against the licence in the prescribed manner."

(2) It has been decided that in the case of pharmaceutical units not borne on the registers of the Directorate General of Technical Develop- ment, the "loan licensees" under the Drugs Act, who are permitted to get their drugs processed by other factories licensed under the Dr"g8 Act, should continue to get actual user licences for their raw materials if other- wise permissible. Such licences will not bear the condition regarding utilisation of the imported raw materials in tha factory of the licensee and a suitable endorsement will be made on such licences permitting the "loan licensees" to get their goods processed in factories licensed under the Drugs Act.

TPAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/65

(3) The above condition will be in addition to any other conditions imposed or deemed to have been imposed on each licence under Claus© 5 of the Imports (Control) Order 1955 dated 7th December, 1955.

Giant of emergency licences for spares

90. (1) Applications for the grant of licences for import of emergency spare parts i.e., spare parts required on an immediate basis to overcome an •emergency breakdown of production machinery including the breakdown which is unavoidable for technical reasons in the course of a month's period, will also be considered from actual users of all categories as and whe

(2) Import applications for emergency spares should be made in the •simplified application form prescribed for this purpose (Form 'L'), appear- ing in Appendix—3.

(3) Applications for import of emergency spares need not be routed through the sponsority authorities. The applicants should produce a certi- ficate from a qualified engineer of a production machinery to the effect that the spare parts applied for are required on immediate basis to over- come an emergency breakdown or a breakdown which is unavoidable for technical reasons in the course of the next one month. In the case of small -scale units, who are not in a position to produce a certificate from a quali- fied engineer, a certificate issued to them by small Industries Service Institute may also be accepted.

(4) The applicants should indicate in their import applications the country from which the original equipment was imported as also the country from which the spare parts are sought to be imported. TJie application should be boldly stamped on top in red ink as "Application for Emergency Spares . The envelope should also be similarly stamped. There is no last date for submission of such applications.

(5) The maximum value limit upto which import licences under this provision may be issued to a unit in the course of a licensing period will be as under:—

(a) Rs. 10,000/- in the case of units borne on the books of the DGTD.

(b) Rs. 4,000/- in the case of other units.

In each application, the applicant should indicate the value of emer- gency licences already obtained by him during the same licensing period.

(6) It will not be necessary for an applicant to furnish the list of spares •sought to be imported. The licence will be valid for import ol the permis- sible spare parts required for the plant, machinery and equipment installed

303/66 > HE GAZETTE Of INDIA EXTRAORDINARY [PART I-SEC. 1J,

or used m the licence holder's factory, but import of spare 'parts listed in> Appendix 2 to the Import Trade Control Policy (Red Book Vol. I) will- not be allowed for more than Rs. 500/- out of the maximum amount indi- cated in sub-para (5) above.

(7) The provisions of this paragraph will also apply to the import of emergency spares required by publishers of books, newspapers and periodi- cals.

Issue of Import licences to actual users for back period

91. (1) Where an application for import licence, from an actual user 1s- not disposed of during the licensing period concerned on account of any de- lay or laches on the part of the applicant, no licence against such application, will be issued after the expiry of the licensing period or after the close of the monetary ceiling. However, if the delay in the disposal of the appli- cation is on the part of the licensing authority or sponsoring authority or any other Government Department, the application will be considered on merits.

(2) While dealing with an import application for a back period in- appeal or otherwise, the authorities concerned will consider such an applica- tion having regard to the general principles laid down, that is, availability of monetary ceiling, availability of goods applied for from indigenous- sources or other commercial channels, essentiality of the goods applied for, stocks held by the applicant and expected arrivals against licences in handr past imports and consumption of the itejn(s) in question by the applicant, actual production during the preceding period, estimated production and other factors considered relevant and necessary.

(3) In case where the applications for licences are not disposed of during the licensing period concerned or before the close of the monetary ceiling on account of delay on the part of the sponsoring authority or the- licensing authority or any other Government Department, the value of the: licences issued in such cases will bs treated as first charge on the monetary ceiling to be allocated for the next licensing period and the necessary inti- mation in this regard will be given to the sponsoring authority.

Misuse of A.U. Licences

92. (1) It has been noticed that in some cases, the actual users divert to other channels/uses the raw materials or companents etc. licensed to them for use in their factories. Attention of the actual users is drawn to the- condition applicable to A.U. licences, to the effect that the goods shall be utilised in the licence holder's factory only for the purpose for which they are imported, and no portion thereof shall be sold to or permitted to be utilised by any other 'party. Steps are taken to ensure that this condition is strictly complied with. If any licensee infringes the aforesaid condition, no further assistance will be given to him for the import of goods in the category of actual users, without prejudice to any other action which may be taken against him under the Imports and Exports (Control) Act, 1947 and the Imports (Control) Order, 1955, dated 7th December, 1955.

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(2) Similarly, where any imported goods are allotted to an actual user -through the State Trading Corporation of India or any other recognised agency for use in the actual user's factory, it will not be open to the actual user concerned to divert such goods to other channels/uses or to allow any other party to utilise the said goods. If any actual user is found to have misused the goods so allotted to him, no further assistance will be given to him or any allotment made to him in future, without prejudice to any other action which may be taken against him under the Imports and Exports (Control) "Act, 1947 and the Order made thereunder.

(3) Licensees to maintain account of consumption.—The actual user should maintain a proper account of the consumption and utilisation of Uhe imported goods in the prescribed proforma as given in Appendix 19 to this book. In the event of his failure to maintain proper account in this manner in respect of any goods imported against actual user licences or allotted to the actual users from the State Trading Corporation of India etc., the applications for issue of further licences or allotments will be .liable to rejection without prejudice to any other action that may be taken against him. It will be the responsibility of the actual user to satisfy the sponsoring as well as licensing authorities that he has maintained a proper .account of consumption and utilisation of the imported materials and has fully complied with the conditions subject to which the imports or allot- -ments of imported goods were allowed to him.

(4) Check by sponsoring authorities.—The Directors of Industries and other sponsoring authorities will check up whether the imported material thas been properly utilised by the licensee. In cases involving contravention of conditions of licences or allotments of imported goods, the reports will be sent by the Directors of Industries and other sponsoring authorities to t he licensing authorities concerned to enable the latter to initiate action against the parties concerned. For this purpose it is essential for all actual users wishing to take advantage of the import of goods as raw materials, components, spare parts, accessories, or machineries, etc., to maintain accurate and up-to-date records of stocks, procurement and consumption of articles used by them in their industrial undertakings as provided in sub-para (3) above.

•Change in the name, constitution or ownership of actual user's business

93. (1) No approval of the Import Control authorities is necessary for -effecting a change in the name, constitution or ownership- of an actual user's "business.

(2) However, the import licences being non-transferable except under and in accordance with the written permission of the licensing authority which granted the licence or of any other person empowered in this behalf by such authority, and in view of the specific conditions regarding the use •of imported materials as imposed on the licences granted to actual users, the following principles will apply in the event of the changes mentioned '•in sub-para (1) above :—

(a) Change of name.—Where an import licence has been issued to an actual user and before the importation of the goods against the said licence, there is a change in the name of

303/68 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

the licensee actual user s manufacturing business without any change in the ownership of factory for which the said licences was issued, the licence holder can utilise the licence and im- port the goods tor use in the factory in accordance with tne conditions of the licence, after getting the business name of the licensee amended on the licence in question. The change in. name should also be intimated immediately by the actual user licensee to the sponsoring authorities concerned whether such change takes place before or after the importation of the goods.

(b) Change in constitution or ownership.—(i) Where an import licence has been issued to an actual user and before the im- portation of the goods against the said licence there is a change in the constitution/ownership of the licensee actual user's manufacturing business/factory, the reconstituted con- cern or the new owner of the business as the case may be,, not being the licence holder, cannot operate upon the said? licence unless the licence is also transferred in his favour. In such cases, the old and the new owners of the factory for which the licence was issued, should make a joint application* to the licensing authority concerned for permission to transfer the licence in favour of the reconstituted concern or the new owner in terms of sub-clause 5(3) (i) of the Imports (Con- trol) Order, 1955, dated the 7th December, 1955. The ap- plication should be supported by documentary evidence show- ing the transfer of the business/factory and the particulars of the established importer quotas, if any, possessed by the new owner. The licensing authority will consider the appli- cation for transfer of licence and grant the transfer in favour of the reconstituted concern or the new owner provided the reconstituted concern or the new owner of the factory is not suspended/debarred from the grant of the licence in ques- tion under the provisions of the Imports (Control) Order, 1955, dated the 7th December, 1955 and is otherwise eligible to the licence under the provision for established importer^ cwm-manufacturers given in chapter XVII in this book. After the written permission of the licensing authority, the recon- situted concern or the new owner will be entitled to operate- upon the licence. If, hi such a case, the name or the busi- ness mentioned in the licence has also undergone a change, the licensing authority while permitting the transfer, will also amend the name of the licence holder in the licence. The necessary intimation about the transfer will be sent to the sponsoring authority concerned.

(ii) If the change in constitution/ownership referred to in sub- para (i) above takes place after the importation of the goods against the said licence, the imported goods become part of the assets of the licensee actual user's manufacturing busi- ness/factory and they should be transferred by the licence- holder along with his manufacturing business/factory to the- reconstituted concern or the new owners as the case may be. The licensee should also give necessary intimation-. about the transfer to the licensing authority who had issued!!

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/69.

the licence against which the goods in question were imported and also to the sponsoring authority who had recommended the licence so that they may be hi a position to watch proper utilisation of the imported goods hi the factory for which. me import licence was issued.

(c) Division of business.—(i) Where an import licence has been granted to an actual user, and before the importation of the goods against the said licence, there is a division of the factory amongst the partners of the business, and the name of the business/factory as appearing in the licence is retained by one of the succeeding "parties or none of them is allowed to use such name, the succeeding parties, not being the licenee holders, cannot operate upon the said licence. In such cases also, joint application by all the succeeding parties should be- made to the licensing authority concerned for re-issue of separate licences in their favour, in lieu of the original licence,- in proportion to the portion of the factory taken over by each- succeeding party, supported by documentary evidence show- ing the division of the business/factory and particulars of the- established importer quota, if any, possessed by the succeed- ing parties. The licensing authority will consider the appli- cation in the same manner as to the case referred to in sub- para (b)(i) above and licences, if admissible, will be issued" to the succeeding parties for the proportionate values as in- dicated above. The original licence surrendered by the parties will be retained by the licensing authority and cancelled. The necessary intimation will be sent about this to the spon- soring authority concerned.

(ii) If the division of the factory as referred to in sub-para (i) above, takes place after the importation of the goods- against the said licence, the imported goods become part of the assets of the factory and they should be divided by the succeeding parties amongst themselves proportionate- to the portion of the factory taken over by them under intimation to the licensing and sponsoring authority con- cerned so that they may be in a position to ensure proper utilisation of the imported goods by each of the succeeding- units in the factory taken over by them from the original concern.

(3) The applications for transfer in pursuance of the provisions of sub-paras 2(b)(i) and 2(c)(i)' should be made to the licensing- authority who had issued the licence against which the goods in question were imported and such application should be made through the sponsoring authority who had recommended the licence.

(4) If, as a result of the change in the constitution or ownership of a manufacturing business or division of manufacturing business, referred to in sub-para (2) of this paragraph, an existing manufacturing unit takes over either whole or part of any manufacturing business and the installed capacity of the existing units for the manufacture of any parti- cular end-product is increased thereby, then in such cases, the existing nnit should take over the manufacturing business in pursuance of the

303/70 ™ GAZETTE OF INDIA EXTRAORDINARY [PART I^SEC. 1J

provisions of sub-para (2) of this paragraph only with the approval of Xhe sponsoring authority concerned. The concerned sponsoring authority in such a case will be the sponsoring authority connected with the manu- lacturing business whoso installed capacity is going to be increased. In such cases, the application for transfer made to the licensing authority under sub-paras 2(b) (i) and 2(c)(i) of this paragraph should also be supported by the recommendation of such concerned sponsoring authority,

(5) It may be clarified that the provisions of sub-paras (1) to (4) of this paragraph are applicable to cases where there is a change in the name, constitution or ownership of the manufacturing business/factory of an actual user concern or where there is a division of the manufac- turing business/factory. These provisions have, no application in cases where a part of the factory, or imported machinery, is sold by an actual user or where imported raw materials/components/spares arc sold by an actual user without sellings away his manufacturing business/factory for which the materials in question were allowed to be imported. Such sales of part of factory or imported machinery, or imported raw materials/ components/spares, amount to violation of conditions subject to which licences are granted to actual users. Therefore, the actual user should obtain the prior written permission of the Import Trade Control Autho- rity of such sale explaining the circumstances in which the necessity of safe has arisen. In such cases, the, imported goods will have to be sold by the actual user in favour of a party nominated by the Import Trade Control Authority and at the price fixed by him.

(6) The provisions made in this paragraph will also apply to import licences issued to actual users under the import policy for Registered Exporters.

Procedure for transfer of imported goods from one actual user to another

94. (1) Where, after importing goods against an actual user's licence, the actual user license finds that for any reasons, he is not in a position to utilise the goods in accordance with the conditions of the licence under which the goods were imported, he should find another actual user and transfer the goods to the latter with the permission of the licensing authority who had issued the licence. The buyer of the goods in such" cases, should be an actual user requiring the goods in question for use in his industrial unit.

(2) If the actual user is not able to find a suitable buyer for the goods, he should approach the State Director of Industries or the sponsoring authority concerned, who may be in a position to suggest a buyer.

(3) The sale price of the goods in question should be settled ^between the seller and the buyer taking into account the following:—

(a) G I F. value, of the imported goods;

[PART B—Sun. 1] THE GAZETTE OE INDIA EXTRAORDINARY 3 0 3 / 71

(b) Customs duty paid;

(c) Landing and clearing charges paid;

(d) Transportation charges paid from the Customs port to the

factory/godown of the seller.

(e) Other reasonable incidental charges incurred in relation to the imported goods in question. Such changes should not include expenses like demurrage, flues or penalty paid in respect of the goods.

(4) After settling the price, the buyer should make an application "for permission to purchase the goods in question to the licensing autho- rity who had issued the licence under which the. grinds were imported. Such application should be made through the sponsoring authority of the buyer actual user. The application should be made in the prescribed form i.e., the form which the applicant had used if he had to apply for an import licence for such goods. No application fee will be required to be on such applications. The application should be supported bv a letter of consent of the seller to transfer the goods in question on the price settled between the parties. In the consent letter, the break-up of the sale price as indicated in sub-para (3) above should also be given.

(5) The sponsoring authority concerned will forward the application to the licensing authority concerned who will consider the same on merits having regard to the recommendations of the sponsoring authority. If the permission to transfer is granted, it shall be subject to the usual conditions applicable to actual user licence: residing utili^tior. of the imported goods. An intimation about the transfer will be given to the licensing authority under whose jurisdiction the buyer is situated and to -the sponsoring authority of the seller actual user.

(6) Where any imported material has been allowed to an actual user through the State Trading Corporation or any other recognised agency and the allottee is not in a position to use the goods for the pur- pose for which the allotment was made, he cannot use the imported poods for a different purpose and in a manner otherwise than as declared by him in his application for such allotment or distribution or in any other documents submitted by him in support of such application. Tn such cases also, the allottee should find another actual user to use the goods for the purpose for which they were imported. The goods will be trans- ferred to such person in the same manner as indicated in the above sub- paras.

(7) The provisions made in this paragraph will also apply to import licences/allotment of imported goods, issued to actual users under the import policy for Registered Exporters.

95. FircwoA industry.—No application for import of raw materials 1^ the Fire Works Industry both in the scueuuiea and nou-siaieuuied

4"G. of I. Ex;—7

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sectors for the manufacture of fire works will be entertained by the licensing authorities unless the applicants are in possession of a valid licence under the Explosives Act. The sponsoring authorities should not, therefore recommend an import licence in favour of fireworks industry if the applicant is not in possession of a valid licence under the Explosives Act. In his recommendation for the licence, the sponsoring authority should indicate that the applicant is in possession of the required licence under the Explosives Act. Where applications for licences are required' to be sent by actual users to the licensing authorities direct, the appli- cants should produce, with their irn'pon applications, documentary evi- dence to the effect that they arc in possession of a valid licence under the Explosives Act.

Sparc parts of mining machinery

96. (1) A.U. applications for import of spare parts of mining machinery should be made to the regional licensing authorities concerned. Such applications should be made on annual basis, in the prescribed form (Form ' F ).

(2) The applications should be made direct to the licensing authorities, concerned and not through any sponsoring authority. The applicant is also not required to obtain any essentiality certificate from the sponsoring: authority for the import of spares.

(3) The applications should be accompanied by the following informa- tion:—

(i)'The description of machinery for the maintenance of which the spare parts are required.

(ii) Number of the machinery/equipment in use for which spares ar" required.

(iii) Country of origin of machinery/equipment in use.

(iv) C.I.F. value of machinery/equipment imported 'prior to 6-6-196* indicating the year of import.

(v) C.I.R value of equipment/machinery imported after 6-6-1966 indicating the year of import.

(vi) The value of imported machinery/equipment purchased Joc3lly indicating whether the same was purchased prior to 6.6.1966 or after 6.6.1966.

(vii) The value of spares applied for.

(viii) The extent to which the spares sought to be imported are not available in the country.

[PART 1 . - s u. i] THli GAZETTE Ob INDIA EXTRAOKT)1NAR\ 303/73

(4) The applications from National Development Mineral Corporation and Orissa Minerals Corporation will be considered by the Joint Chief Controller of Imports and Exports (CLA), New Delhi, and the Joint Chief Controller of Imports and Exports, Calcutta, respectively.

Repacking and re-nottliag oi druj;s and medicines

97. The parties whj obtain supplier of drugs and medicines in bulk and are engaged in the process nf repacking and rebelling the drugs and medicines m small containers, are not covered by the del'mition of actual users, as they are not engaged in industrial production. Therefore, no licences for drugs and medicines will be issued to them as actual users.

Import of Testing equipment

98. The small scale industries desiring to import "testing equipment against their licences for raw materials, components and spare parts may apply to the licensing authority concerned for a suitable endorsement on their licences for this purpose. The licensing authority will consider the request on merits and may allow import of Testing equipment upto 10 per cent, of the face value of the licence for raw materials, components and spare parts provided the total value of such import, in each case docs not exceed Rs. 16,000/- in the case of a unit borne on the books of the D.G.T.D. and Rs. 8,000/- in the case of other units. Testing equipments of banned type will not be permitted under this facility.

Import of spare parts by assemblers

99. Manufacturers/assemblers who have a manufacturing programme tor complete machinery can, if they so desire, use a part of the licence for component parts held by them for the import of spare parts for which there is no indigenous angle and/or for which the manufacturers/assemblers have no phased programme of manufacture, provided they do not require any extra foreign exchange for their manufacturing programme. Such of the assemblers who wish to avail of this facility should approach the Chief Controller of Imports and Fxports, New Delhi (Headquarters Licensing Division) for necessary endorsement on their valid licences for component parts giving details of spare parts sought to be imported and the value thereof.

Permission to manufacturers of rcfripcraton and air-conditioning equip-

ment? to utilise a part of their licence for import of spare parts for servic-

ing and maintenance

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Procedure for submission applications for goods the import of which is canalised through an agency approved by Government

101. (1) If the goods imported through a recognised agency are placed at the disposal of the sponsoring authority for distribution to individual actual users, the actual users are not required to submit any application for such goods to tha licensing authorities. They have to obtain the allotments directly from the sponsoring authority ,'concerned.

(2) In respect of other canalised imports, the following procedure should be followed:—

(a) The applicants should submit their applications for licence* for such goods in the usual form and manner supported by through tlie sponsoring authority concerned. The applicants can make even a consolidated application for all canalised items required by them.

(b) The sponsoring authority will forward the applications to the licensing authority concerned with its recommendation for the items and the value in each case.

(c) The licensing authority will issue a suitable reply to the appli- cant. If it is decided to release the canalised goods in favour of the applicant, necessary intimation will be sent to the appli- cant, with a copy thereof endorsed to the agency responsible for distribution of the imported goods. The applicants will draw the allotment from such an agency after making the neces- sary payment towards the price of the goods.

(d) The agency through whom the imports are canalised should make a separate bulk application for a licence for each com- modity to the C.C.l.&E. (Headquarters Licensing Division). The appLicatkm should be supported by a treasury challan of the requisite amount on the value applied for. The licensing authority will issue the licence subject to the amount of ceiling available and subject to the condition that the imported goods shall be distributed by the licensee in the manner indicated by and under the directions of the licensing authority.

Import ol proto-types

102. Applications from actual users for the import of proto-types will be considered by th-e licensing authority concerned on the bari., of the re- commendations of the sponsoring authority. The applications should be made through the sponsoring authorities concerned.

Special procedure for issue of licences to actual users

103. Notwithstanding anything contained in this Chapter, the Chief. Controller of Imports and Exports or the licensing authority may by issuing a Public Notice or trade notice evolve any special procedure for issue of import licences to actual users in respect of any licensing period or commodity or any category of actual users. Tn such cases, the provisions of this book regarding the procedure for submission of applications and processing of applications will be applicable only to the extent indicated by the CCI&E, or the licensing authority.

[PART I-SEC 11 '1'HE GAZETTE OF INDIA EXTRAORDINARY 303/75

CHAPTER V

REGISTERED EXPORTERS

Definition

104. (1) Registered exporters are those who hold valid registration certificates issued to them by the concerned registering authorities, namely, tlie Export Promotion Councils, Commodity Boards arid the Export Promotion Authorities at the Ports. The names of the registering authorities in vespect of different export products are given in the appendix 4 (Annexure T).

(2) A registered exporter may be a merchant-exporter or a manu- facturer-exporter.

Procedure for registration

105. (1) An application for registration should be made to the appropriate registering authority indicated in appendix 4 (Annexure I) in the form given in appendix 4 (Annexure II). In the case of concerns having branches, the application for registration should be made only by the registered office. The application should be accompanied by a Bank certificate testifying the applicant's financial soundness.

(2) Exporters who are members* <:! . ' • • . - • . . • •.

having past performance, good record and cxpci\i;:.,j . .. . . .. tration. An applicant having no previous experience of expyn ia >; particular line may also be registered if the registering authority is satisfied about the general commercial background of the applicant, his industrial experience or export performance in other lines.

(3) The registration certificates will be issued by the registering authorities, subject to such conditions as the authorities concernd may consider necessary. One of the conditions of registration shall be that the registered exporter shall furnish monthly returns of exports (including 'nil' returns), to the registering authority by the 5th of the following month.

(4) The registering authority will also forward copies of the registra- tion certificate to other registering authorities in whose jurisdiction the branches, if any, of the applicant arc situated.

(5) The registration for an item with the concerned I-.p. Council/ Commodity Board will hold good for all the items with which the parti- cular Council/Board is concerned, except for certain categories of engineering goods, in respect of which registration will be valid only for that particular category.

(6) Once an exporter has been registered, the registration shall jemain in force unless the person registered ceases to exist, or his name is de- registered for any reason.

* T ie condition of ^nembersh'p in the case of Gem and Jewellery items has been Itnipo: nrily suspended.

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Exports prior to dote of application for registration

106. The exports made by a registered exporter before a date earlier than three months prior to date of application for registration will not be consi- dered for the grant of import licences under the import policy for registered exporters.

Change in constitution or ownership

107. Where there is any change in the ownership, constitution or name of any concern, which has been registered under the import policy for regis- tered exporters, it shall be obligatory on the part of the person in authority in the concern, as originally registered, to intimate the fact of such change to the registering authority within three months of the change.

De-registration of exporters

108. (1) The registering authority may initiate action to de-register an exporter, where such authority is satisfied that the exporter:

(a) has ceased to have the qualifications required for registeration or the conditions of registration have been violated; or

(b) has indulged in any form of unfair, corrupt or fraudulent practice, or failed to fulfill any export obligation.

(2) AD exporter will ordinarily be given a ''show cause" notice, before lie is de-registered. The registering authority, keeping in view the reason ior de-registration, will decide, whether the de-registration should be for a specified period or for an indefinite period, or whether the de- registraton should be limited to a particular export product or be of wider applicability. The registering authority will not be bound to give reasons for de-registration.

Registration and de-registration by the Chief Controller of

Imports and Exports, New Delhi

109. Notwithstanding anything contained in paragraph 108 above:

(i) The Chief Controller of Imports and Exports, New Delhi may register an exporter or direct the registering authorities to register an exporter. The registration done by the Chief Controller of Imports and Exports, New Delhi or his d:rection to the registering authorities in this regard will apply to such export products covered by the Import Policy for Registered Exporters, as may be specified by him.

(ii) If, on the basis of the information available, the Chief Con- troller of Imports and Exports, New Delhi, is of the opinion that any exporter has committed a breach of any law (inclu- ding any nib, order or regulation), relating to customs or the import and export of goods or foreign exchange, lie may, without prejudice to any other action that may be taken in this b.J!ia!f, refuse to register such exporter or direct the registering authortics to do like-wise, or he may de-register an exporter, if rho exporxT ha,i already been registered, or direct the registering authorities to de-register him, for a specified or

[PAHT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/77

an indefinite period, and in respect of a particular export product or products or all the export products covered by the import policy for registered exporters.

Appeals and review applications relating to registration and de-registration

110. (1) When an exporter is not satisfied with a decision of any of the registering authorities listed in appendix 4, (Annexure T) refusing to register him or de-registering him, he may prefer an appeal to ths Chief Controller of Imports and Fxports, New Delhi, within a period of 45 days from the dale of the communication containing the decision appealed against. Such appeals will be considered by the Chief Controller of Imports and Exports, New Delhi, If necessary, he may, consult the Ministry of Commerce, New Delhi.

(2) Any person aggrieved by the decision of the Chief Controller oi Imports and Exports, New Delhi, taken in. terms of the provisions of paragraphs 109 & 110 above, may make a representation to him for review of such decision within a period of 45 days from the date of the communi- cation containing the decision against which the representation is made. On consideration of such representations, if it is so decided, the Chief Controller of Imports and Exports, New Delhi, may, with the approval of the Ministry of Commerce, New Delhi, cither himself re-register the exporter, or restore registration, or he may direct the registering authorities to re-register such exporter or restore registration. The re-registration or restoration of registration in such cases will be subject to such condition(s) as the Chief Controller may decide.

Certification of exports

111. (1) The registered exporters are advised to get a copy of the shipping Bill duly authenticated by the Customs at the time of shipment for the purpose of submission along with the application for replenishment licence at the appropriate time,

(2) After shipment, the exporters should get their exports certified by the authorised dealers in foreign exchange at the time of presentation of shipping documents to them for the purpose of negotiation and/or collection of their Bills. While presenting the shipping documents, the exporter should fill up and give to the Bank the declaration (in triplicate) as in form I as at Appendix 4 (Annexure HI) for exports made on 'outright' sale basis as in form 2 at Appendix 4 (Annexure III) for exports on con- signment basis.

(3) The Banks will certify and counter-sign the declaration after necessary verification with reference to the shipping documents. The Bank will then pass on one copy of the documents along with a copy of the invoice to the licensing authority named in the declaration, one copy to the exporter and retain the third copy for its own record. Tn the case of exports made on consignment basin, the Bank will counter-sign and pass on the certificate as in Form 2 to the licensing authority only after the exports sale proceeds have been realised and surrendered to the Indian Exchange Control-

303/78 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1].

(4) The above procedure implies that the authorised dealer in foreign exchange will issue separate certificates in respect of each consignment of export at the time of presentation of shipping documents. However, a bank certificate covering more than one consignment may also be enter- tained. It may become necessary to carry out verification of such certi- ficates resulting in delay in the realisation of the applications. The exporters are, therefore, advised to get consignment-wise certificates from the authorised dealers in foreign exchange.

(5) The exporter at the time of submitting his application for grant of replenishment licence in accordance with the prescribed time schedule, will quote in the application the number and date of the certificates issued by the bank for each of the shipments covered in the application,

(6) The procedure as outlined above for certification of exports by the authorised dealers in foreign exchange will not apply in the case of the following:—

(i) Gem and Jewellery; (ii) Cinematographic films (exposed) (iii) Exports by Value Payable Post Parcel, and (iv) Exports of Books, Journals and Periodicals by Post made by publisher-exporters who have been allowed by the Reserve Bank of India t<> "fleet their exports without following PP formalities.

Procedure for submission of applications for licences.

112. (1) Consolidated applications for import licences against export of all the products in a product group should be made in the prescribed form as given in Appendix 4 Anncxure IV to the licensing authority under whose jurisdiction the Registered office of the registered exporter is situated. The names and jurisdiction of the licensing authorities are indicated in Appendix 4 (Annexure V). Tf import licences are claimed in favour of more than one nominee, the consolidated application should contain the parti- culars of each of the nominees indicating the separate values in respect of each in the application form and the statement of exports enclosed there- with.

(2) Tlie import applications should be made to the licensing autho- rities direct, except in the following cases:—

(i) In the case of gem and jewellery items, the applications should be routed through the Gem & Jewellery Export Promotion Council, Bombay;

(ii) In the case of sales of handicrafts to foreign tourists, the applications should be routed through All India Handicrafts Board, New Delhi.

Frequency of applications.

113. Normally, applications for import licences should be made so as to- cover the exports made within a quarter Registered exporters who are eligible to claim licences in their own names, may if they so desire, make applications covering exports edected within a period of a month or two months within a quarter. The same facility will be available in the case of merchant exporters who have to make nomination and manufacturer exporters who wish to make nomination in favour of any other manufac- turer provided the value of exports for the month or two months is not less than Rs. one lakh.

• [ P A RT I - S E C. 1] T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY 3 0 3 / 7 9.

(2) A manufacturer-exporter who wishes to claim import licences in his own name against every application that he would be making, can by special arrangement with the licensing authority concerned, obtain the facility of submitting his applications in the simplified application form given in appendix 4 (Annexure VI). The arrangement will specify what products the manufacturer-exporter would export and what items he would be permitted to import in replenishment. The list of items of import would be got fixed from beforehand, either on the basis of the already existing A.U. licences of the manufacturer-exporter or after obtaining special clear- ance from the technical authority concerned. In such cases the I.V.C. number need be quoted only once at the beginning of each year. The list can be reviewed every year.

(3) These provisions will also be applicable to merchant-exporters, who arc eligible to claim licences in their own name.

Time Limit tor submission of applications

114. (1) In all the cases, the applications should reach the concerned Import and Export Trade Control Authority within one month succeeding the relevant period of export.

(2) The applications not made within the above time limit are liable to be rejected irrespective of merits. In case, however, where, the applications are delayed, the licensing authority may, in deserving cases, consider applications received by them after the prescribed time limit and issue licences after making a suitable deduction in the value of import replenishment permissible against the exports.

Documents to bo submitted with applications

115. (1) The applications will also be regarded as having been received late if any of the following documents are not enclosed with the application and are received subsequently after the prescribed last date for receipt of applications:—

In the case of exports of goods except (1) Gem and Jewellery,

(2) Cinematographic Films (exposed), (3) Books, Journals and periodi-

cals by post; and (4) exports by V,P-P.

(a) Treasury Challan for Rs. 50/-.

(b) One copy of the Shipping Bill in respect of each Shipment duly authenticated by the Customs-

Exports by V.P.P. of products other than Gem and Jewellery and

Cinematographic Films (exposed)

(a) Treasury Challan for Rs. 50/-, (b) Invoices giving description of goods, weight of the individual items and their total weight actually exported.

(c) Relevant postal receipts.

(d) Post Master's Certificate of payment or the intimation slip given by the Postal Department to the Indian recipient of the proceeds of the exports made by V. P. P.

303/80 rHE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

Export of Books, Journals and Periodicals by post made by Publisher

-exporters who have been allowed by the Reserve Bank of India to effect

their exports without following P. P. formalities.

(a) Treasury Challan for Rs. 50/-.

(b) A Certificate of Posting issued by the Post Office (or any lother evidence in cases where the originals have been forwarded to the importers). In the case of exports by ordinary post if the exporters are not able to produce certificate of posting, a Chartered Accountant's Certificate in lieu of the Certificate of Posting issued by the Post Office as evidence of export,

(c) A Certificate from the parties' Auditors giving details of the exports, freight etc.

(2) Exporters are advised in their own interest to 'produce the evidence of freight and insurance charges in cases where the banks have not verified the f.o.b. value of exports in th© Bank Certificate. In absence of such an evidence, the Import and Export Trade Control Authorities will make their own assessment of these charges, i.e. freight and insurance charges and make suitable deductions on that account.

(3) In all the above cases, the applicant should enclose 5 copies of the list of items applied for. (Where imports of any of the permissible items are sought to be made from the rupee payment area, a separate set of 5 copies of the items to be imported from such area should be sent with the application for import licence).

(4) If an applicant wishes to apply for items on the basis of the latest A.U. licence, he should also enclose the original, with a certified copy of such licence (including list of goods attached to that licence). If the applicant is unable to produce the original licence and the list of goods, a legible photostat copy thereof will also be accepted.

(5) For this purpose, the licences bearing the following entries against the column "Class of Importer" will be accepted as A-U. licences:

(a) Actual User.

(b) Raw materials.

(c) Small Scale Industrial Units.

(d) Registered Exporters other than machinery licences.

(6) The Capital Goods/H.E.P. licences and the licences issued under the National Defence Remittance Scheme will NOT be regarded as A.U. licences for the purpose of grant of licences under this policy.

Nominations

116. (1) Provisions regarding nomination are incorporated in Volume II of the Tmport Trade Control Policy Book for the year April 1968—March 1969.

(2) Applications where the nominations have not been correctly made are liable to be rejected by the Import and Export Control licensing authori- ties. The receipt of correct nominations subsequently will have the effect of advancing the date of receipt of application in the licensing offices.

£PAILT 1-SEC. 1] THE GAZETTE Ob INDIA EXTRAORDINARY 303/81

(3) Before making a nomination, the Merchant Exporter or the Manufacturer Exporter, as the case may be, should, therefore, take the following precautions:—

(i) ensure that the nominee is either the manufacturer of any of the products in the "Products sub-group' to which the exported product belongs or of part, component or material covered by the Import Policy for Registered Exporters and used in the manufacture of the exported product. (He may verify this either with reference to the registration certificate issued to the manufacturer by the appropriate sponsoring authority or with reference, to the actual user licence, if any, possessed by him), (ii) ensure that the nominee is not debarred from receiving import

licences; and

(hi) see that the nominee is asking for items for which he has got an A. U. licence and are permissible according to the Import Policy or Uie items asked for are indicated as permissible in the policy for that particular product '—' exported.

Gem and jewellery and cinematographic films (Exposed)

117. (1) In the case of Gem & Jewellery items and cinematographic Films (Exposed), the application for licence will be made only after the export proceeds have been realised and surrendered to the Indian Exchange Control. Such applications may be made on monthly/quarterly basis as opted by the registered exporter so as to reach the Gem & Jewellery Export Promotion Council in the case of Gem & Jewellery items and the concern- ed licensing authority in the case of cinematographic films (exposed) within a period of three months succeeding the month/quarter during which payments were received. Regd. Exporters of news films and T-V. films may apply for replenishment licence on half-yearly basis. The application form for Gem & Jewellery items is given in Appendix 4, Armexure VII.

(2) The application should be accompanied by the following docu- ments:—

(a) Treasury Challan for Rs. 50. (b) Copy of Bill of Lading/Airway Bill duly attested by the Shipping Company/Airway Company (postal receipt in the case of exports by post).

(c) Copy of Shipping Bill duly authenticated 'by Customs (except in the case of exports by post or V.P.P.).

(d) Copy of Invoices duly attested by the Negotiating Banks. (e) Copy of Invoices duly attested by the Customs (in the case of Gem & Jewellery items).

(f) Bank Certificate in original regarding receipt of foreign exchange, as per proforma given in Appendix 4, Annexure AXL Sales to foreign tourists, of gem and jewellery items,

118 (1) A registered exporter (jeweller) who possesses "authorised money changers ' licence issued by the Reserve Bank of India and is approved by the Export Promotion Authority at the ports, (Joint Chief Controller of Imports & Rxnorts, CLA. New Delhi in case of Delhi, Punjab, Rajasthan and Himachal Pradesh; Deputy Chief Controller of Imports & Exports

303/82 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I^SEC. 1]

Kanpur, in case of Uttar Pradesh and Controller of Imports & Exports in case of Jammu & Kashmir) will be eligible to apply for grant of replenish- ment licence against sales of gem and jewellery items made to foreign tourists against foreign currency travellers cheques only.

(2) The registered exporter (jeweller) who had been previously approved prior to the date of the devaluation and who still possesses the "authorised money changers" licence, would be considered as "approved" for the pur- pose lof claiming replenishment in accordance with these provisions.

(3) The Registered Exporter (jeweller) desiring to claim benefits under this scheme, who do not possess "money changers" licence, may apply for such a licence to the Reserve Bank of India in the prescribed form through the Gem & Jewellery Export Promotion Council. The E.P. Coun- cil, while forwarding the applications to the R. B. I. for grant of "money changers'' licence will request the R. B. T. to intimate to the Council about the grant of such a licence. The Council should also request the R. B. I. to intimate to them in the. event licence so issued is cancelled for any reason by the latter. On receipt of such intimation, the Council should in tarn inform- the concerned approving Authority.

(4) The minimum annual sales that an approved jeweller will be re- quired to make to foreign tourists against realisation of payment in foreign exchange would be equivalent of Rs. 75.000/-. At the time of seeking approval, the registered exporter (jeweller) will furnish an undertaking to the concerned approving Authority at the ports to the effect that (i) a minimum sale to foreign tourists to the value of Rs. 75.000/- wouhl be effected during the next twelve months; and (ii) in the event of cancella- tion bv R.B.T. of the licence issued to him. an intimation will be sent by him forthwith to the concerned approving Authority. A copy of the appro- val certificate issued by the E.P. Authorities at ports to the Registered Exporter will also be endorsed to the Gem & Jewellery Export Promotion Council, Bombay.

(5) If the minimum level of sales is not reached within the prescribed period of one year or if the authorised "money changers" licence is with- drawn during the period for any reason, the concerned registered exporter (jcwelier) would cease to be entitled to the replenishment admissible against sales to foreign tourists.

(6) Ministry of Commerce and /or Chief Controller of Imports and Exports may withdraw the approval given by the E.P. Authorities without assigning any reason and recommend cancellation of the licence issued by the Reserve Bank of India.

(7) Tn respect of the sale of gem and jewellery items to foreign tourists in India against foreign currency travellers cheques, following procedure is to be adopted by the registered approved jeweller:—

(a) Rceistered approved jewellers will be required to maintain printed serially numbered voucher books, the particulars of which should be notified in advance to the Gem & Jewellery Export Promotion Council. A Specimen Voucher is at Appen- dix 4 (Annexure VJI1).

[PARI i_SM... ij THE GAZETTE OV INDIA EKTRAORHFN ARY 303/83

(b) Each sale voucher will be in quadruplicate, showing details regarding the name and nationality of the tourists, his/her passport number, description of the gem & jewellery items sold; the sale value in foreign exchange and the rupee equi- valent, details of the foreign currency travellers' cheques given by the tourists.

(c) The original sale voucher should be stitched with the tourist's passport. The Customs Authorities at the time of departure of the tourist will detach the voucher and send it to the Coun- cil with an endorsement.

(d) The duplicate copy of the sale voucher will be handed ovei to the tourist for his own use,

(e) The triplicate copy of the voucher will be sent by the jeweller along with the application for replenishment licence at the time of its submission.

(f) The fourth copy will be retained by the jeweller for his record- (8) The approved jeweller will be required to maintain a register 'Containing the following particulars:—

(i) Serial Number,

(ii) Number of the sale voucher, (iii) Date of sale. (iv) Name of the foreign purchaser, (v) His passport number, (vi) Description of the item sold, (vii) Value in rupees, (viit) Equivalent foreign exchange rendered.

(ix) Name of the bank in which foreign currency travellers' cheques deposited. (x) Date of deposit,

(xi) Remarks-

This register will be open to check by Government. (9) The registered exporter who is an approved jeweller, will be required to submit an application in the prescribed form and manner to the Import & Export Control licensing authority within whose jurisdiction the registered brnce of the applicant is situated. The application will be routed through the Gem and JeweJlcry Export Promotion Council, Bombay. (10) Such applications should be made in respect of sales made during t month/quarter and should reach the Gem & Jewellery Export Promotion Council within a 'period of three months succeeding the month/quarter during which sales were effected.

Documents

(i) T.R. for Rs. 50.

(ii) Triplicate copies of sale vouchers, giving full description of the Items sold, their value in Indian rupee, particulars of foreign

303/84 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I—S"C 1}

tourists, his/her passport number, mode of payment and amount of foreign currency travellers' cheques.

(iii) Bank Certificate in original evidencing the receipt of foreign.

exchange from sales to foreign tourists against travellers' cheques.

(11) The Council, after scrutiny of the application and the documents, will pass on the same to the concerned licensing authority along with their recommendation.

(12) The details of the products eligible for replenishment against salet to foreign tourists, the extent of replenishment, the items permissible for import etc. are given in the following statement;—

Statement indicating the replenishment particulars against sale of Gem & Jewellery items to foreign conrisu.

{ P A R T

I -

S E C

.

Remarks

Item of sale

1

] s. No.

Percentage at Import re- plenishment in terms of Particulars of items permitted for im- net realiza- port tion of fore- ign exchange

2

i

3

4

5

T H E

Rough diamonds, uncut and unset;

Drilled, bleached/unbleached pro-

i

cessed/unprocessed or polished pearls (.real or cultured).

G A Z E T T E

Cut or polished diamonds.

O F

precious or semi-precious stones uncut and unset, pearls real or cul- tured, rough synthetic stones (other than red or white variety), other imi- tation stones.

I

Cut or polished precious or semi-pre- 50%

3

N D

1. Within the overall replenishment per- , centage mentioned in column 3, 10% of entitlement be uiised for import Of permissible machinery, equipment, testing apparatus, tools and implements for actuaJ use as required by Gem and Jewellery industry and as permissible to actual users.

cious stones.

I

A

4

2. The value of the base metal e.g., gold, silver, platinum and palladium, wttt be excluded in computation of value for

lepknishrnent.

Gold, platinum, palladium, silver- jewellery studded wilh precious and semi-precious stones, diamonds, real or cultured pearls.

E X T R A O R D 33-1/3%

5

I

Glass beads, false pearls, rough synthe- 3. Upto 1% of the entitlement may be utili- tic stones other than red or white. j^.. sed for import of samples, illustrated catalogues, pictures, albums and mailing lists.

Imitation jewellery, all jewellery of gold, platinum, palladium and silver studded wilh glass beads3 false pearls, imitation and synthetic stones.

N A R Y

Cut or polished]synthetic stones

2 5%

3 0 3

Rough synthetic scones 4. The import of any one of the items viz. diamondsj predous stones, pearls, syn- thetic stones, and imitation stooer should not exceed half of the tota atitlement in respect of those items where total entitlement is of the level of 50%.

/

8 $

3 0 3 /

I 2 3 4

5

8 6

T H E 5. The sale of gold jewellery will be subject to such general or special restrictions a.? are imposed by the Gold Control Ad- ministration and the Reserve Bank of

Sflndia.

G A Z E T T E

O F

I 6. In the case of jewellery in which there is an admixture. of precious and semi- precious stones with any other variety of glass, imitation or synthetic stones, the import replenishment will be 33-1/3% and the items permitted will be as for imitation jewellery.

N D I

A

E X T R A O R D I

N A R Y

P A R T

I - S E C .

1 ]

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303 8"

Conditions of the licence

119. (1) The licences issued under the Import Policy for Registered Exporters will be subject to all the conditions which are applicable to A.U. licences for raw materials, components, spares, etc. as laid down elsewhere in this book.

(2) In the case of licences granted to eligible Merchant Exporters, the licences will be subject to the condition that the imported material shall be utilised for manufacture of the relevant export production on licensee's account and that no portion of the imported materials shall be sold for internal consumption.

Advance licences

120. (1) Applications from registered exporters for the grant of advance licences or CCPs or releases for raw materials for the purpose of execution of firm export orders will be considered on merits. Requests for grant of CCPs for import of rough diamonds, uncut precious stones/semi-precious stones and undrilled pearls, for processing and re-export to the foreign supplier, will also be consi- dered on merits.

(2) Ordinarily, an export order will be regarded as a firm order if it is backed by an irrevocable letter of credit or substantial advance payment,

(3) Requests for grant of advance licences for execution of other type of firm export orders with different modes of payment like sight draft/D.A. basis may also be considered depending on the merits of each case.

(4) The eligible Registered exporters may submit their applica- tions in the prescribed form as at Appendix 4, Annexure IX to the licensing authority concerned within whose jurisdiction the Register- ed office of the exporter is situated and forward a copy of the appli- cation to the Export Promotion Division in the office of the Chief Controller of Imports and Exports, New Delhi. Applications from registered exporters of Gem and Jewellery for grant of CCPs will be routed through Gem & Jewellery E.P. Council, Bombay.

(5) The applications should be accompanied by the following

documents:—

(a) Treasury Challan for Rs. 50.00.

(b) Original with a certified copy of the Export Order secured by the applicant.

(c) Photostat copy of the irrevocable letter of credit relevant and fully covering the value of the export order.

49 G. of I, Ex.—8

303/88 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SISC. 1]

(d) Any other documentary evidence to the Export Order and the type of material to be used in the export product.

(e) 5 copies of the list of items applied for.

(6) Where imports of any of the permissible items are sought to be made from rupee payment area, a separate set of 5 copies of the list of items to be imported from such area should be sent with the application for Import licence.

(7) The value of the advance import licence will be subject to the maximum limit as admissible against the particular export product under the import policy for registered exporters.

(8) The items to be licensed would be those considered essential for the manufacture of the export product provided such items are permissible during the current policy.

(9) The licensee shall ordinarily be required to fulfil the export obligation within a period of six months from the date of importation of the first consignment against the advance licence in question.

(10) Requests for allowing a longer period of time either initially or subsequently by way of extension for fulfilling the export obliga- tion may also be considered on merits of each case.

(11) Before clearance of the first consignment, the applicant will ordinarily be required to execute a bond with Bank Guarantee for an amount equal to 50 per cent of the c.i.f. value of the licence for fulfilling the export obligation equivalent to the f .o.b. value of' the export contract or any such higher f.o.b. value as may be fixed bv the licensing authorities.

(12) The bond amount will be liable to forfeiture in the event of default in fulfilling the export obligation within the agreed time- limit. This will be without prejudice to the defaulted amount being deducted from the licensees' future A.U. R.E.P. $ and other category of the licence, and deregistration and any other penal action that may be taken against the licensee under the Imports (Control) Order, 1955.

(13) Ordinarily, a second advance licence will not be issued to a party while an earlier advance licence with its export obligation is still outstanding, but exceptions can be made on merits.

Advance releases|licensing to Producers for production of colour feature films in 35 m.m.

121. (1) Requests for advance allocation of colour raw stock im- ported by the STC from General Currency Area, and for import licences for other requisites, will be entertained from producers intending to produce colour feature films for export. Such requests will ba dealt with on the following basis:—

(i) First stage—In the first stage, allocations upto the limits indicated below will be made on an undertaking being furnished by the applicant-producer to the concerned licensing authority that the allocation/licences will be utilised for production of a colour feature

[PART I - S EC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/89

film which he would export and realise therefrom and surrender to the Indian Exchange Control, a minimum amount of Rs. 2 lakhs on f.o.b. basis:—

. 80 R o l ls . 200 Rolls . Rs. 5,°°°/-

R e l e a se of c o l o ur negative . . .. R e l e a se of c o l o ur p o s i t i ve . . .. I m p o rt licence f or m " k e - up m a t e r i a ls I m p o rt licence f or p h o t o g r a p h ic p a p er ( c o l o u r)

a nd c h e m i c a ls r e q u i r ed t h e r e f or

. Rs. 15,000/- (licence for Rs. 5000/- only will be issued during the 'first stage'; the balance will be issued during the 'second stage'.)

If a producer should desire to have more raw stock in the 'first stage' than indicated above, he will have to undertake an additional export obligation supported by bond and bank guarantee equal to 180 per cent of the c.i.f. value of such additional stock released, over and above the amount of obligation arising from the releases in the second stage.

(ii) Second stage.—The release of colour positive will be made on the following conditions:—

Further releases of colour positive, whether from the General 'Currency Area or Rupee Payment Area, will be made on the basis • of a bond supported by bank guarantee to be furnished by the applicant-producer to the licensing authority concerned, undertak- ing to export the exposed film and to realise therefrom and surrender to the Indian Exchange Control, proceeds on f.o.b. basis, to the extent of Rs. 2.0 lakhs or 180 per cent of the c.i.f. value of the addi- tional raw stock released from General Currency Area whichever is higher.

If the applicant-producer has taken less raw stock from the Gene- ral Currency Area licences than he is eligible to do under the 'first :stage', he will be given credit for the saving effected by him, at the time of fixing his final export obligation, by reducing the extent •of obligation as worked out above for the 'Second Stage' by an amount equal to 180 per cent of the c.i.f. value of raw stock/licences less drawn under the 'first stage',

(2) The amount of bank guarantee to be furnished will be 25 per cent of the f.o.b. value of the export obligation, and the bank guaran- tee should be valid upto a period of at least one year after the last iixed for the fulfilment of export obligation.

(3) The period of fulfilment of export obligation will be two years irom the date of the first release of raw stock under the 'second stage' Where the producer does not avail himself of any releases under the 'second stage', the period of fulfilment of the original undertaking of Rs. 2-0 lakhs furnished by him for allocations under 'first stage' would be two years from the date of that undertaking.

Advance allocation of raw stock to merchant-exporters

(4) Requests from merchant-exporters for advance allocation of black white positive for the production, of export prints will be considered on merits. Such allocation if made will be subject to -the merchant-exporter undertaking to export the prints and to release therefrom and surrender to the Indian Exchange Control proceeds

303/90 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-Sia. 1]

on f.o.b. terms equal to 4 times the c.i.f. value of the black and white positive released.

Requests from merchant-exporter for advance release of colour positive from the G.C.A. for production of "extra prints" for export will also be considered on merits subject to the applicant undertak- ing an export obligation to 180 per cent of the c.i.f. value of the- releases made.

In the case advance releases of black and white positive, the- amount of bank guarantee will be equal to 12.5 per cent of the f.o.b. value of export obligation while in the case of advance release of colour positive for extra prints, it will be 25 per cent of the value of export obligation.

(5) For non-fulfilment of export obligation the provision of para 120(12) will apply mutatis mutandis.

Mis-declaration of value or description of exported goods

122. (1) Where a licensing authority considers that the value of the goods exported has not been correctly declared, it shall be open to such authority either to refuse the Import licence against such exports or reduce the value of the licence (s) to such an amount as may be deemed fit. In cases where the exported goods have not been correctly described, the licensing authority will refuse to issue. an import licence against such exports.

^v? /Tile a ction of the licensing authority in terms of sub-para- graph (1) of this paragraph will be without prejudice to any other action that may be taken under the provisions of the Imports and exports (Control) Act, 1947 or the orders issued thereunder or under any other provisions.

Ad-hoc lidences to consultancy firms

123. Applications for grant of ad-hoc licences in favour of con-

r sultancy firms may be made by such firms in the prescribed form as at Appendix 4 (Annexure X) to the Headquarters Licensing Divi- sion of the office of the Chief Controller of Imports and Exports New Delhi.

Machinery Items

124. Requests for grant, of import licences for machinery items as per provision of the Import Policy for Registered Exporters con- tained in Volume II of the Import Trade Control Policy Book for April, 1968-March, 1969, may be made to the licensing authority con- cerned in the prescribed form as at Appendix 4 (Annexure XI).

Miscellaneous

125. Provisions regarding the following matters are contained elsewhere in this book:—

(i) Period of validity of the licence, (ii) Flexibility in the use of licences. (iii) Changes in the name, constitution or ownership of t he concern.

(iv) Appeals against the decision of the licensing authority.

[PART I-S"a 1J THE GAZETTE OF INDIA EXTRAORDINARY 303/91

CHAPTER VI IMPORT LICENSING OP CAPITAL GOODS, HEAVY ELECTRICAL PLANT AND MACHINE TOOLS

(A)—CAPITAL GOODS SCHEME

Definition

126. (1) "Capital Goods", as envisaged in this scheme, comprise such items of Plant and Machinery as are required for new instal- lations, or replacements or for the "expansion of existing projects or subsidiaries thereof.

(2) Broadly speaking, the C.G. Scheme applies to the following goods classified under Parts II, III, V and VI of the I.T.C. Schedule •as detailed below:—

Part II (a) S. No. 36—All goods included in S. Nos. 36(1), 36(2), 36(3), 36(4) and 36(5).

(b) S. No. 37(1)—All Jute and Hemp textile machinery cover- ed by this S. No. comprising principally:—

(i) Grey Winding Frames, (ii) Colour Winding Frames, (in) Ordinary Warping Machines with Creels, (iv) High Speed Warping Machines with Cone Creels (v) High Speed Cone Winders, (vi) High Speed Bobbin Winders, (yii) Sizing Machines. (viii) Drawing in frames, looms, tape looms, sewing thread ball making machines, cumbli finishing machinery.

(c) |- No. 37(2)—Component parts of machinery covered by

Part III (a) .—All Textiles machinery and plant and component parts thereof (other than cotton textile machinery) of the following description:—

(i) S. No. 4—All goods included in S. Nos 4(1) 4(2) 4d) 4(4) and 4(5).

" ' l ;' w>

(ii) S. No. 5(1)—Looms, tape looms, wool carding machines wool spinning machines, silk looms, silk throwing and reeling machines, silk twisting machines.

(b) All cotton textile machinery and plant and hosiery knittine machinery and spares and component parts thereof of the descrip-

Ind fof np£t m* (20) t0 this book falling u n d er s- N o s-4-5

Part V.—All goods included in S. Nos. 61(1), 65(1), 65(3), 65(4) -and 65(5).

Part VI—All items included therein.

303/92 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SHO. 1]

Cases requiring industrial licences or* registration with D.G.T.D.

127. (1) Applicants for the import of capital goods required for the expansion of industrial undertaking or for the setting of a new industrial establishment for t he manufacture of any stores mention- ed in the First Schedule to the Industries (Development and Regu- lation) Act, 1951, as amended, should first apply to the Ministry of Industrial Development and Company Affairs (Department or. Industrial Development), New Delhi, for a licence under the Act for the proposed expansion/installation of the undertaking in ques- tion. Certain industries have been exempted from obtaining an industrial licence under the said Act. The applicants should approach the Ministry of Industrial Development and Company Affairs (De- partment of Industrial Development) for obtaining complete details and procedure in this regard before applying for import of capital goods. In cases where an industrial licence is necessary the import licence for capital goods will be issued, if otherwise admissible^ only after an industrial licence has been obtained by the applicant, in such cases, the application for the import of capital goods! will not even be entertained before the applicant has obtained a Letter of intent from the Department of Industrial Development, New Delhi.

(2) In cases where no industrial licence is necessary but the applicant has to obtain registration with the Directorate General of Technical Development, the applications for import of capital goods will be considered after the applicant has been registered with the D.G.T.D. Therefore, in the case of industries looked after by the D.G.T.D., (excluding small scale) the applicants should first approach the D.G.T.D. and apply for registration before applying for import of capital goods.

Applications for Capital Goods

128. (1) "With a view to expediting the disposal of applications for import licences for Capital Goods, a separate division exists in the office of the Chief Controller of Imports and Exports, New Delhi. (2) Applications for import licences for Capital Goods should be made, in duplicate, in the prescribed application form (Form 'E') given in this book, together with 7 copies of the list of goods proposed to be imported.

(3) The applications for import of machinery coming within the purview of the Capital Goods Scheme, should be addressed to the following licensing authorities:—

(i) Joint Chief Controller of Imports and Exports (Capital Goods) Bombay.—For all cotton textile machinery and hosiery knitting machinery and sparesi thereof, of the description given in Appendix (20) to this book as also all Textile Machinery and spares (except for Jute and hemp) falling under S. Nos. 4(1), 4(2), 4(3), 4(4), 4(5), and those speci&ed against S. No. 5(1) of Part III under sub-para 126(2) above.

(ii) Joint Chief Controller of Imports and Exports (Capital Goods), Calcutta.—For Jute Rope and Hemp Machinery and spares, falling under S. Nos. 36 and 37 of Part II, and plant and machinery connected with Coal, Mining. Quarries and Tea Industry.

[PART I-SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/9J

(iii) Chief Controller of Imports and Exports (Capital Goods), New Delhi.—For all other machinery and plant coming within the purview of Capital Goods Scheme. The appli- cations for values in excess of (i) Rs. 5.0 lakhs for import from countries other than rupee payment countries and (ii) Rupees 20.0 lakhs for import from rupee payment countries will be considered in consultation with the Ministry of Industrial Development and Company Affairs (Department of Industrial Development), New Delhi.

(4) The applications under sub-para (3) above should be made to the licensing authorities concerned in the manner detailed below:—

(a) Application from scheduled industries borne on the books of the Directorate General of Technical Development, should be sent through the Deputy Director (Co-ordina- tion), Directorate General of Technical Development, Udyog Bhavan, New Delhi.

(b) Applications from small scale units should be made through the sponsoring authority concerned and the Development Commissioner, Small Scale Industries, New Delhi. The applicant should send his application to the sponsoring authority concerned who will forward the same with his recommendation to the Development Commissioner, Small Scale Industries, New Delhi.

(c) Applications from scheduled industries not borne on the books of the Directorate General of Technical Develop- ment and non-scheduled industries other than Small Scale should be sent through the sponsoring authority concern- ed.

(d) Notwithstanding anything contained in sub-paras (a), (b) and (c) above, all applications fo"r import of capital goods required for setting up additional, capacity in respect of certain industries categories as 'Key' industries [mentioned in Appendix (21) to this book] should be sent through the Co-ordination and Licensing Progress Section (CLP Section) in the Department of Industrial Development, New Delhi, with ten spare copies.

(5) Applications from units borne on the books of the Directorate General of Technical Development for import of machinery valued up to Rs. 16,000 should be made to the Chief Controller of Imports and Exports, New Delhi, through the D.G.T.D. in form 'C in dupli* cate. Applications from other industries (excluding textile, jute, hemp and rope, coal, quarries and tea industries) including small scale for import of machinery valued up to Rs. 8,000 should be made to tht regional licensing authority concerned through the sponsoring authority concerned in form 'B' in duplicate. Applications for import of machinery not covered by these value limits should be made in form 'E', in duplicate, to the licensing authorities mentioned in sub-para (3) above and in the manner indicated in sub-para (4) above. The applications for machinery should be accompanied by seven copies of the list of items sought to be imported.

3o3/94 1 HE G A Z E T TE OF I X D IA EXTRAORDINARY [PART 1-SIC:. J]

(6) The applications should be accompanied by (i) IiV.C. Regis- tration/exemption number, (ii) Treasury Receipt towards the pay- ment of requisite application fee on the value applied for, (iii) In the case of applications from small scale units for import of Capital Equipment for replacement purposes, a certificate from the National Small Industries Service Institute to the effect that the replacement of machinery is inescapable, should also be furnished, and (iv) Any other document/information considered necessary or required in terms of the policy in force.

Procedure for processing of applications for capital goods

D.G.T.D. Units

129. (1) In respect of applications for import of capital goods from -units borne on the books of the D.G.T.D., the following procedure -will be followed:—

(!) The applicant should submit his application to the C.C.I. & E. through the D.G.T.D., in duplicate, in the prescribed from (Form 'E') along with seven copies of the list of items sought to be imported, as stated in paragraph 128 above. On receipt of the application, the D.G.T.D. will send an acknowledgement-cum-deficiency letter to the applicant acknowledging the application and pointing out any deficiencies in it. The applicant will be given a specified time limit to make up the deficiencies or to furnish further information or clarification as may be necessary. If the applicant does not furnish the required information or clarification etc. within the specified time limit, the application will be liable to be recommended for rejection.

(ii) Complete applications and applications which have been completed by the applicants by furnishing the required information/clarification, will be scrutinised by the D.G. T.D. from the point of view of essentiality for im- ports. If the D.G.T.D. does not consider the import es- sential, he will forward the application to the Chief Con- troller of Imports and Exports recommending rejection, (iii) If the D.G.T.D. considers the import essential, he will scru- tinise the items applied for from the indigenous angle. In case all the items sought to be imported are available from indigenous sources, the D.G.T.D. will again forward the application to. the Chief Controller of Imports and Ex- ports recommending rejection, indicating the names of the indigenous manufacturers in respect of items not al- ready covered by the Hand Book of Indigenous Manu- facturers.

{iv) Where the D.G.T.D. considers the import essential and the items applied for are not available from indigenous sources, the application will be forwarded to the Chief Controller of Imports and Exports with a recommendation for the issue of a licence in respect of items considered essential and not available indigenously. While forwarding the application to the C.C.I. & E. with a recommendation

,PAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/95

the D.G.T.D. will also send therewith five copies of the list of goods recommended for import including one copy duly attested by him.

(v) While forwarding the application to the Chief Controller of Imports and Exports, the D.G.T.D. will also suitably inform the applicant and communicate the gist of the recommendation to him.

(vi) The applications will be considered further based on the recommendations of the D.G.T.D. in terms of the import policy in force and subject to the availability of monetary ceiling.

(2) The applications for import of machinery and machine tools 'from the units borne on the books of the DGTD valued upto Rs. 16,000/- in each case, will be recommended by the DGTD against the monetary ceiling earmarked or allocated, to the DGTD for the import of raw materials, components and spares. Such applications will also be dealt with at the headquarters office of the CCI & E, and should be made in Form 'C prescribed for raw materials, components and spares.

Small Scale Units

(3) Small scale units for value exceeding Rs. 8,000.—In respect •of import applications for capital goods from small scale units for -value exceeding Rs. 8,000, the following procedure will be follo- wed:—

(i) The applicant should send his application in duplicate in the prescribed form (Form 'E') with seven copies of the list of items sought to be imported, as stated in para 128 above. The application should be addressed to the Chief Controller of Imports and Exports, New Delhi, and sent through the sponsoring authority concerned.

(ii) On receipt of the application, the sponsoring authority will send an acknowledgment-cum-deficiency letter to the applicant acknowledging the application and pointing out any deficiencies in it. The applicant will be given a specified time limit to make up the deficiencies or to furnish further information or clarification as may be necessary. If the applicant fails to furnish the required information or clarification etc., within the specified time, the application will be liable to be recommended for rejection.

303/96 r HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1\

(iv) If the sponsoring authority considers the import essential,, he will forward the application with his recommendation to the Development Commissioner, Small Scale Indus- tries, New Delhi.

(v) The Development Commissioner, Small Scale Industries, New Delhi, will examine the application both for essen- tiality and from the indigenous angle.

(vi) If the D.C.S.S.I., New Delhi, does not consider the import essential, he will forward the application to the Chief Controller of Imports and Exports recommending rejec- tion without looking into the indigenous angle. If on the other hand, the D.C. (S.S.I.) considers the import essen- tial, he will scrutinise the items from the indigenous angle on the basis of the package clearance obtained by him from the D.G.T.D. In case he finds that all the items sought to be imported are available from indigen- ous sources he will again forward the application to the Chief Controller of Imports and Exports recommending rejection and indicating the names of indigenous manu- facturers of items not covered by the Hand Book of Indi- genous Manufacturers.

(vii) In the case of items not available indigenously and whose import is considered essential, the D.C.(S.S.I.) will for- ward the application to the Chief Controller of Imports and Exports with his recommendation for a licence. While sending the appliaction along with the recommen- dation to the Chief Controller of Imports and Exports, the D.C.S.S.I. will also send therewith five copies of the list of items recommended for import including one copy duly attested by him.

(viii) While forwarding the application to the Chief Controller of Imports and Exports the D.C.S.S.I will also suitably inform the applicant and communicate to him a gist of the recommendation.

(ix) The applications will be considered further by the Chief Controller of Imports and Exports on the basis of the recommendation of the D.C.S.S.I., New Delhi and sponsor- ing authority and in terms of the import policy in force subject to availability of monetary ceiling.

(x) Notwithstanding anything stated in sub-paras (i) to (ix) above in the case of an application not exceeding Rs. 16,000/- in value, in which the sponsoring authority considers the import essential, it will be open to such autho- rity to recommend a licence within the raw material ceiling allocated to him. In such cases the application should be forwarded by the sponsoring authority with his recom- mendation to the regional licensing authority concened, with suitable intimation to the applicant giving him a gist of the recornmendatijon. /The regional licensing authority concerned will consider such applications in the same manner as other applications from small scale units for import of machinery valued upto Rs. 8,000/-. (This sub-para will be operative only when the ceiling for raw materials and components is allocated to the sponsoring authorities).

[PART I-SF.C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/97"

(4) Small scale units for value up to Us. 8,000.—In respect of applications from small scale units for import of machinery and machine tools valued up to Rs. 8,000/- the following procedure will be followed:

(i) The applicant should submit his application to the regional licensing authority concerned through the sponsoring authority concerned in the prescribed form (Form 'B') in duplicate as stated in para 128 above. On receipt of the application, the sponsoring authority will send an acknow- ledgement-cum-deflciency letter to the applicant, acknow- ledging the application and pointing out any deficiencies therein. The applicant will be given, a specified time limit to make up the deficiencies op to furnish information or clarification as may be necessary. If the applicant fails to furnish the required information/clarification etc., within the specified time limit, the application will be liable to be recommended for rejection.

(ii) Complete applications or applications in which the requir- ed information/clarification has been furnished by the applicant will be forwartied by the sponsoring authority to the regional licensing authority concerned with his re- commendations. While forwarding the application to the licensing authority concerned, the sponsoring authority will also suitably inform the applicant and give him a gist of the recommendation.

(hi) The value of import licences issued in such cases will be debitable to the raw material ceiling allocated to the spon- soring authority concerned. If no ceiling for raw mate- rial is allocated sponsoring authority-wise the value of import licences issued against such applications recom- mended by the sponsoring authorities, will be debitable to the monetary ceiling earmarked for import of raw mate, rials by S.S.I. Units.

(iv) If the machinery or machine tools sought to be imported is not licensable to actual users in terms of the import policy in force, the sponsoring authority should refer the application to the D.C. (S.S.L), New Delhi for indigenous clearance before making a recommendation for the licence. The D.C. (S.S.I.) will give indigenous clearance on the basis of the package clearance obtained by him from the UG.T.D. in advance. If, in any particular case, the ma- chinery applied for does not appear in the list of package clearance maintained by the D.C. (S.S.I.), the application will be placed before the S.S.I. Committee in the office of the D.C. (S.S.I.) for indigenous clearance. The Director of Industries will process the application further and make a suitable recommendation to the licensing authority on receipt of the advice of the D.C. (S.S.I.).

(v) The licensing authority will consider the application fur- ther on the basis of the recommendation of the sponsoring authority and in terms of the import policy in force.

Other Industries

(5) In respect of applications for Import of capital goods from in- dustrial units other than (a) D.G.T.D. borne units, (b) small scale

303/98 l HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

•units, (c) textile jute, hemp, and rope, coal mining, quarries and tea -industries, the following procedure will be followed: —

(i) The applicant should submit his application in duplicate in the prescribed form (Form 'E') with seven copies of the list of items sought to be imported as stated in para 128 above. The application should be submitted to the Chief Controller of Imports and Exports New Delhi through the sponsoring authority concerned.

(ii) On receipt of the application, the sponsoring authority will issue an acknowledgement-cum-deficiency letter to the applicant acknowledging the application antl pointing out deficiencies therein. The applicant will be given a specified time limit to make up the deficiencies or to fur- nish any information or clarification that may be neces- sary. If the applicant fails to furnish the required infor- mation/clarification etc., within the specified time limit, the application will be liable to be recommended for re- jection.

j(iii) Complete applications and applications in which the re- quired information/clarification etc., has been furnished by the applicant will be scrutinised by the sponsoring authority from the point of view of essentiality for im- port. If the sponsoring authority does not consider the import essential, he will forward the application to the Chief Controller of Imports and Exports recommending rejection. The applicant will also be suitably informed and a gist of the recommendation communicated to him "(iv) If the sponsoring authority considers the import essential, he will forward the application to the D.G.T.D. who will examine it from indigenous angle and send it with his re- commendation to the Chief Controller of Imports and Ex- ports, New Delhi. While sending the application to the Chief Controller of Imports and Exports, the D.G.T.D. will also send therewith five copies of the list of items recom- mended for import including one copy duly attested by him. A copy of the recommendation with a list of items recommended will also be sent by the D.G.T.D. to the sponsoring authority. The sponsoring authority will then suitably inform the applicant giving him a gist of the re- commendation.

(v) The Chief Controller of Imports and Exports will consider the application further on the basis of the recommenda- tion of the sponsoring authority and the comments of the D.G.T.D., and in terms of the import policy in force subject to the availability of monetary ceiling.

(6) Applications for the imports of machinery and machine tools from other industries' referred to in sub-paragraph (5) above valued up to Rs. 8,000 will be considered by the regional licensing authori- ties concerned on the recommendations of the sponsoring authorities. The applications should be made in Form 'B' prescribed for raw materials, components and spares. Such applications will be recom- mended by the sponsoring authorities against the monetary ceiling •ear-marked or allocated for the import of raw materials, components

[PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/99-

and spares. The sponsoring authorities will forward their recom- mendations in such cases to the regional licensing authorities direct and not through the D.G.T.D. However, if the machinery or machine tools sought to be imported is not licensable to actual users in terms of the import policy in force, the sponsoring authorities should ob- tain indigenous clearance from the D.G.T.D. before forwarding an application to the licensing authority with its recommendation.

(7) Textile, jute, hemp and rope, coal, quarr*e and tea indus- tries.—Import applications for textile, jute, hemp and rope, quarries,, coal and tea machinery should be made to the concerned licensing authority as given in para 128 through the sponsoring authorities concerned. The applications will be forwarded by the sponsoring authorities to the licensing authorities with their recommendations. The Sponsoring authorities will obtain package indigenous clearance from the D.G.T.D. in order to eliminate references to the D.G.T.D. on individual applications for obtaining indigenous clearance. The licensing authorities will consider the applications further on the basis of the recommendations of the sponsoring authorities and in terms of the import policy in force subject to availability of mone- tary ceiling.

Import of mining equipment

(8) Applications for the import of mining equipment (other than coal mining equipment) will be considered by the Chief Controller of Imports and Exports, New Delhi, on the recommendations of the Ministry of Steel, Mines and Metals (Department of Mines and Metals), New Delhi. The applicants should submit their applications to the Indian Bureau of Mines, Nagpur. The applications should also indicate the country from which the equipment is sought to be im- ported. The Indian Bureau of Mines will forward the applications with its recommendations to the Department of Mines and Metals, New Delhi. The Department of Mines and Metals will obtain indi- genous clearance from the D.G.T.D. and thereafter send the applica- tions to the Chief Controller of Imports and Exports, New Delhi, with their recommendations, indicating the items to be allowed for import and their value.

Applications for amendment of C G. licences

(9) Applications for minor amendments should be sent by the licensee direct to the licensing authority concerned. Where an amendment in value or description of goods is sought to be made, the application shoul'd be made through the D.G.T.D. in the case of units borne on his list, through the Development Commission, Small Scale Industries, New Delhi, for small scale units and through the sponsoring authorities concerned in the case of other units.

Import of instruments etc.

130. Import of instruments, testing machines, weighing machines, laboratory equipment, tools and tackles.—Applications from actual users for the import of instruments, testing machines, weighing machines, laboratory equipment, tools and tackles etc. will be con- sidered by the licensing authorities on the recommendations of the sponsoring authorities in the same manner as those for the import of capital goods. The policy and procedure indicated in this chapter for • submission and processing of applications for import of capital goods

"303/100 T HE GAZETTE OF INDIA EXTRAORDINARY [PART 1—SIC. 1]

"will apply to the import of these items also. Accordingly the juris- diction of the licensing authorities for dealing with such applications "will be as under: —

(i) Applications valued upto Rs. 16,000 in the case of D.G.T.D. units and Rs. 8,000 in the case of other units will be con- sidered by the licensing authorities concerned. Such appli- cations will be recommended by the sponsoring autho- rities concerned against the monetary ceiling ear-marked or allocated for import of raw materials, components and spares. The applications should be made on the applica- tion form prescribed for raw materials, components and spares.

v(ii) Applications in excess of the value limits indicated in (i) above, will be considered by the Chief Controller of Imports and Exports, New Delhi, or the JCCI&E, Bombay, or JCCI&E, Calcutta, as the case may be, on the recom- mendations of the sponsoring authorities concerned, against the monetary ceiling ear-marked or allocated for import of capital goods. The applications should be made In the prescribed form 'E'.

131. Intimation to .licensing authority regarding utilisation of licences for import of capital jjoods/heavy electrical plant.—(1) Import licences for capital goods/heavy electrical plant will be issued subject to the following condition in addition to any other con- dition (s) as may be imposed on or applicable to such licences: —

"It is also a condition of this licence that a half yearly return in the attached proforma shall be furnished by the licensee to the Director of Statistics, Office of the Chief Controller of Imports and Exports, New Delhi, indicating the actual imports and remittance made against the licence as on 28th February and 31st August each year. The return for each half year shall be furnished within a period of 15 days from the close of the half year as indicated.".

The proforma in which the licensees will be required to furnish t he half yearly returns is given in Appendix 22 to this book.

(2) The import licences for capital goods /heavy electrical plant will also be subject to the following condition inter-alia: —

"The goods imported under this licence will be utilised in the licence holder's factory and no portion thereof will be sold to or be permitted to be utilised, by any other party or pledged with any financier other than banks authoris- ed to deal in the foreign exchange and State Finance Cor- poration, provided that the particulars of the goods to be pledged are reported by the licensee in advance to the licensing authority."

132. Submission of full particulars and description of capital -goods.—(1) Applicants are requested to give full particulars and •description of the plant required. Import of such items of machi- nery and plant as are manufactured within the country will not be allowed. Importers of Capital Goods are requested to make it clear to their foreign suppliers at the outset that they (Foreign Sup- pliers) will be required to give a guarantee in regard to the per- iormance of the equipment in question notwithstanding the fact that

(PART I-Si-c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/1OI

a part of the plant (which will, of course, be of proved efficiency) may have to be purchased, from indigenous sources.

(1) While recommending the application for import of capital goo'ds, the sponsoring authority should also give full justification for certifying essentiality for import. The recommendation of the sponsoring authority should be recorded in Part II of the applica- tion.

Important hints to applicants of capital goods

133, (1) It is of utmost importance that: —

(a) Applicants for import licences for capital goods should clearly specify the country or countries from which imports are to be made. It is not enough to indicate a currency area in vague terms.

(b) Applicant should indicate alternative sources of supply so that, in the event of they being given an import licence against credits available to the Government, they would be in a position to find any of the alternatives indicated. (c) Applicants should clearly indicate whether in the event of they being given an import licence against credits available to the Government they would be in a position to find the rupee resources to take advantage of the licence.

(d) Applicants should send their applications for licences through the sponsoring authorities concerned and ad- vance copies of the applications should not be sent to the licensing authorities. The licensing authorities will not take any action on the advance copies received by them,

y (2) Applicants who would like to approach financing institutions referred to in -39 (b) below for foreign exchange loans for importing machinery and capital equipment should mention this specifically against column 6 (vii) of the application for import of capital goods (Form E). In such cases, a special procedure will be followed for processing the import application. In such cases a quick scrutiny will be made by the DGTD with a view to ensuring that the imports asked for are broadly in conformity with the manufacturing scheme and do not Include items which are ordinarily not allowed to be imported. On the basis of such scrutiny, the application will be further processed, and if approved in principle, the applicant will be informed that he may negotiate with the financial institution (s) for foreign exchange loan up to a specified amount. The final list of goods will, however, have to be scrutinized in the usual manner by the DGTD after the firm has applied to the institution (s) in the prescribed form and manner; and the loan amount as well as the import licence will be based on the value of imports agreed to bv DGTD.

Advertisement to be made by applicants (Notice to indigenous manufacturers)

j H4J 41 As a f u r t h er s t eP towards import substitution, it has been decided that applicants whose requirement in respect of capital goods or machine tools exceeds Rs. 7-5 lakhs in value, should adver- tise their requirements in the manner stated below, so that the indi- genous manufacturers have an opportunity of offering to supply the goods in question.

* vv y

3O3/IO2 THL GAZETTE OF INDIA EXTRAORDINARY [PART I-S10. 1]

(2) The advertisement should indicate, inter-alia full specifica- tions of the machinery or equipment or machine tools, etc. sought to- be imported, the desired period of delivery and other relevant infor- mation. The advertisement should be got published in the Indian. Trade Journal issued by the Ministry of Commerce, New Delhi. If the applicant so desires, he can also have it published in any other newspaper or journal in addition to the In'dian Trade Journal. The indigenous manufacturers should be given a time limit of 45 days to respond to the advertisement. The fact of having given the adver- tisement should be mentioned in the covering letter of the import, application for the goo'ds in question.

(3) The indigenous manufacturers who are in a position to meet the requirements in response to the advertisement, should send their reply to the applicant within 45 days of the advertisement, with a. copy sent under Hegistered Cover to the Deputy Director (Co-ordi- nation) in the Directorate General of Technical Development. In. their reply, the indigenous manufacturers should mention the speci- fications of the goods which they are in a position to supply, the period of delivery, prices and other relevant terms. If the indigen- ous manufacturers are not in a position to supply any item in the required specifications, but they can supply suitable substitutes there- of, the full specifications of such substitutes should be given in the reply along with other relevant particulars.

Import of second-hand machinery 135. Applications fcr import of seconu-hand or reconditioned ma- chinery should always be accompanied by a certificate by a firm of consulting Engineers in the country of origin, indicating the age of the machinery, its present condition and expected life. If possible, a photograph of the machinery proposed to be imported should be furnished.

136. Clearance in principle for the entire requirements of foreign exchange to be obtained at the time of initial application. It is im- portant that importers secure clearance in principle for the entire re- quirements of foreign exchange for setting up a new plant or com- pleting a substantial expansion, at the time of initial application. Failure to comply with this requirement will hinder the provision of the necessary foreign exchange and may result in rejection of appli- cations. After a clearance in principle has been secured there is no objection to import applications being submitted in instalments as and when licences are required.

137. Import of textile machinery other than for jute and hemp.—

Importers of textile machinery, other than jute and hemp may note that: —

(i) Applications for productive machinery as indicated in Appendix 20 will not be entertained from applicants who are not consumers or promoters having approved program- me.

(ii) Applications for 'non-productive machinery' will not be entertained from applicants other than the actual users.

(iii) Applications for hosiery and knitting machines will be considered from Actual Users in terms of the policy laid;1 down in the relevant Import Trade Control Policy Book.

[PART I-Src. 11 THK GAZETTE OF INDIA EXTRAORDINARY 303^103

138. Exceptions,—An exception to the above broad principles of licensing ot Capital Goods is, however, made in the case of:—

(a) Complete Ring Frames; (b) Sparc parts of Ring Frames, including spinning spindles,

fluted roller and tin rollers;

(c) Power looms;

(d) Carding Engines; (e) Certain accessories and millstorcs required by cotton textile industry.

The licensing policy in respect of these items is announced in the import Trade Control Policy Book or by separate Public Notices from time to time.

139. Machinery for stock and sate not licensed under Capital Goods Scheme.— The C. G. Scheme is applicable to the import of machinery and plant required for industrial manufacturing or processing units. Applica- tions for the import of machinery for stock and1 sale will not be licensed under the Capital Goods Scheme. Similarly, import of construction machinery will also not be covered by this scheme.

140. As a general rule, applications for import licences for substantial values of plant and machinery which are required for the setting up of new projects or for substantial expansion will be considered only against one or more of the following acceptable means of financing :—

(a) Long term foreign investment in the capital of the project,

(b) Foreign exchange loans for the project from the industrial Credit and Investment Corporation of India, Bombay, and the Industrial Finance Corporation,-New Delhi;

(c) Long term foreign exchange loans from financing institu- tions abroad, such as the U.S. •Economic Development Loan Fund, the U.S. Export-Import Bank, the Commonwealth Development Finance Corporation, London, and the Inter- national Finance Corporation, Washington.

(d) Imports financed by the National Small Industries; Corpo- ration of India, New Delhi, under their hire-purchase scheme for small scale industries;

(c) Loans to the Government of India from foreign governments or financial institutions, against which cash licences can be granted; and

(f) Trade and Payments agreements between the Government of India and foreign countries, against which cash licences can be granted.

141. Application for import licences will be considered having dis- regard to the priority of the schemes and the method of financing proposed. As a rule, the source of financing the imports will be limited to the alterna- tives indicated in paragraph 135 above. If the scheme is not considered to be of sufficient priority and/or if funds available with the Government c?rmot be allocated, import applications in respect of such schemes will be rejected.

49 G. of I. Ex.—9

3O3/IO4 T l lE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1}

Import of Capital Goods by exporter-manufacturers

142. (1) Application for the import of capital goods, equipment, dies, jigs and tools required by exporting units and exporting industries will be given high priority from out of a special allocation of foreign exchange to be made for this purpose. The import of capital goods requirements to be met from tins allocation will be for the expansion, modernisation and diver- sification of production facilities for increase, in exports. Import of such machinery, etc., needed by exporting units to manufacture quality products so as to bring up their product designs and packing standards to inter- national levels will also be considered. These special facilities are intended to assist manufacturers with a good export performance, so that they may be enabled to further intensify their export drive.

(2) Exporter-manufacturers intending to take advantage of these special faculties for export production should make their applications to the Chief Controller of Imports and Exports, New Delhi, through the Ministry of Commerce, Government of India, Udyog Bhavan, New Delhi, in the pre- scribed form 'E', along with the requisite application fee and other docu- ments required for the import of capital goods. In such cases, details of export performance and other relevant information should be given by the applicant in the prescribed proforma which has been added tor this pur- p le as Part 11 of the application form 'E\

Negotiations for loans

143. Negotiations of loans by Importers with foreign financing institutions require prior approval in principle of Government.— Direct negotiations of loans by importers with foreign financing insti- tutions require the prior approval in principle of Government. Such requests should be addressed to the administrative Ministry con- cerned or to the Chief Controller of Imports and Exports (Capita) Goods Division), New Delhi, indicating the value of the equipment, the purpose for which it will be imported, the proposed country or countries of import, the value of imported raw materials/components that will be required annually after going into production, and the parti- culars of the manufacturing licence, if any, under the Industries (Develop- ment and Regulation) Act that may be held for the project.

144. Authorisation to negotiate direct with the U.S. AID authorities and the U.S. Export-Tinport Bank will ordinarily be granted only where import of equipment involved is for the minimum value of Rs. 2'25 crores for US (AID) Loan and 1*5 crores for Export-Import Bank Loan. Direct negotiations for foreign exchange loans from certain other financial institutions abroad such as the Commonwealth Development Finance Corporation, London, and International Finance. Corporation, Washington, m;iy be permitted for smaller amounts also,

Imports against free resources

145. Imports against free resources on cash or deferred payment basis.—When the outlay on imported plant and equipment is relatively smnll, and is likely to be covered by savings or earnings of foreign exchange (having due regard) to the existing level of importsi/exports) a^ ;i result of the implementation of the scheme within a period of three

[PART I-SM:. 1] THE GAZETTE OF LNiDIA EXTRAORDINARY 3O3/I05

years, it may bo possible to consider applications, to a limited extent, lor licensing against free resources on cash basis, or on deferred payment basis. In general, Government do not propose to encourage import on short or medium term suppliers' credit, and deferred payment arrangements will oniy be considered in exceptional cases when the Government are satisfied that the savings of foreign exchange resulting from the output of the plant and machinery proposed to be imported will be more than sufficient to meet the payment liability. Similarly, such arrangements may be approved if there is a satisfactory guarantee for the exports of goods for the produc- tion of which the plant is to be imported.

146. Special form for issue of licences for Capital Goods.—Licences issued for Capital Goods will bear the distinct mark "CG" and will be issued in special Form, to distinguish them from other import licences.

147. Importers to study carefully the conditions attached to import licences particularly when issued against loan programmes.—Importers are advised to study carefully the conditions attached to or applicable to import licences particularly when these are issued against loan programmes. Non-compliance with the conditions endorsed on licences will render the licence invalid.

148. Importers of machinery items are advised to satisfy themselves that the machinery sought to be imported satisfy conditions laid down in the Factories Act and Rules framed thereunder, or similar rules in force in the country of origin of the machinery.

Import of spares

149. Import of spares against licences for machinery.—The Customs authorities may allow import of spares against licences for machinery pro- vided the value of spares imported does not exceed 10 per cent of the total value of the licence, and is covered within the overall value of the licence unless otherwise specifically indicated in the licence. Under this provision, it will be open to the licensee to import only such spare parts as are permissible in terms of the import policy in force and as required for maintenance of the machinery imported.

150. Validity period of licences.—The initial period of validity of C.G. licences and the procedure for extension of validity are laid down in Chapter XI in this book.

(b) Scheme for licensing Heavy Electrical Plant

151. Scope of the Scheme.—The Scheme extends to electrical plant and machinery as well as cognate equipment and materials essential for power plant (either for generation or transformation of electric power) required for factories. This scheme, however, does not apply to such electrical equipment as is required by domestic consumers, industrial concerns or laboratories for purposes other than specific electric power projects.

(2) The scheme applies to the following S. Nos. of the I.T.C. Schedule subject to the condition that the value of the goods for any single project or group of connected projects, required to be imported, is not less than Rs. 25,000 (f.o.b.) :—

Part II.—Serial Nos. 40, 42, 33A, 33B, 34, 36, 38, 39, 42, 43, 45,

46A and 48. Part III.—Serial No. 4. Part V.—Serial No. 65.

303/106 A HE GAZETTE OF INDIA EXTRAORDINARY [PART J-SEC. Jj

Submission of applications

152. (1) Applications for Heavy Electrical Plant should be made in the application form prescribed in this book. Applicants requiring H.E.P. Licences should, as far as possible, consolidate their requirements and sub- mit the applications, in duplicate, to the Chief Controller of Imports and Exports (C.G. Division), New Delhi, through the Central Water and Power Commission (Power Wing), Government of India,

(2) The applications should be accompanied by (i) I.V.C. Regn./ Exemption Number, (ii) Treasury Receipt towards the payment of requisite application fee, and (iii) any other document/information considered necessary or required in terms of the policy in force.

Special form tor issue of licences

153. Licences for Heavy Electrical Plant will bear the distinctive mark JH.E.P.' and will be issued in the same special form as in the case of licences for Capital Goods.

Validity period of licences

154. The initial period of validity and procedure for extension of H.E.P. licences will be the same as in the case of licences for capital goods as indicated in paragraph 150 above.

155. With regard to revalidation and amendment of c.i.f. value ot H.E.P. licences the applicants are advised that requests for such amend- ments and revalidation may be routed through the Central Water and Power Commission to the Chief Controller of Imports and Exports (C.G. Division).

(c) Machine Tools

Procedure in respect of machine tools

156. The rules and procedure applicable to capital goods as set out in earner paragraphs will also apply to Machine Tools.

Submission of applications

157. (1) Actual users in the small scale sector and other actual users referred to in paragraph 128 above, should make applications for import of machinery and machine tools up to Rs. 8,000/- to the regional licensing authority concerned, as provided in Paragraph 82 of this book. The applications should b© made, in duplicate in the prescribed farm (Form 'B') and should be sent through the sponsoring authority concerned. The sponsoring authority will forward the application to the licensing authority concerned with his recommendation. If the sponsoring authority recommends the import of any banned category of machine tools, he will do so only after obtaining indigenous clearance from the DC (SSI) New Delhi (and give a specific certificate to this effect in his recommendation). Before recommending a licence for import of machine tools, the sponsoring authority will also verify in regard to the availability of the machine tools in question with the State Trading Corporation of India, and import will be recommended only for such items aS arc neither available indigenously nor from the stocks of the S.T.C.

[1'ART I-SEC 1J THE GAZETTE OI- INDIA EXTRAORDINARY 3O3/lO

(2) Actual users borne on the books of the D.G.T.D. should also submit their applications for import of machinery and machine tools for a value not exceeding Rs. 16,000/- in the form prescribed for raw mate- rials, components and spares. Such applications will be considered by the CCI&E, New Delhi, on the recommendation of the D.G.T.D. against the ceiling earmarked or allocated for raw materials components and spares.

(3) Applications for import of machine tools for values exceeding the limits indicated in sub-paras (2) and (3) of this paragraph, should be made in the prescribed form 'E' to the CCI&E New Delhi. The appli- cation should be accompanied by 7 copies of the list of items sought to be imported.

(4) The applications under sub-para (3) above should be made in the manner indicated below:—

(a) The Scheduled Industries borne on the books of the Directo- rate General of Technical Development should send their ap- plications through the Deputy Director (Co-ordination), Direc- torate General of Technical Development, Udyog Bhavan, New Delhi.

(b) The Small Scale Industries should make their applications through the sponsoring authority concerned and the Develop- ment Commissioner, Small Scale Industries, New Delhi. The applicant should send his application to the. sponsoring authority concerned, who will forward the same with his recommenda- tion to the: D.C. (SSI), New Delhi.

(c) Non-D.G.T.D. and non-scheduled industries other than small D.G.T.D. and non-scheduled industries other than small Scale should send their applications through the sponsoring authority concerned.

(5) The applications should be accompanied by (i) I.V.C. registration/ exemption number, (ii) Treasury Receipt showing the payment of the re- quisite amount of application fee, and (iii) any other information/document considered necessary or required in terms of the policy in force.

(6) All actual users should include their requirements for import of spares of Machine Tools in their applications for other spare parts.

158. Import licences will not normally be granted to actual users for machine tools which are manufactured in India. For the list of such machine tools, the actual users should consult the relevant Import Trade Control Policy Book.

303/108 T"E GAZETTE OF INDIA EXTRAORDINARY [PART l-Snc. I]

Foil description of machine tools to be furnished

159. All applications should contain, as far as possible, full description of the machine tools desired to be imported, together with the ci.f. value of each item separately. Descriptive catalogues, if available, should also be sent alongwith the application.

Permissible types of machine tools

160. For the permissible types of machine tools importers should con- sult the Import Trade Control Policy Book for the relevant period.

Spares for banned machine tools

161. Applications for spares of such Machine Tools as are banned will be considered in consultation with the Development Officer (Tools), in the Directorate General of Technical Development, New Delhi.

Licences to meet specific orders placed by D.G.S.&D. etc.

162. Licences will continue to be granted to meet specific orders placed by the Director General of Supplies and Disposals, Government Railways and N.S.i.C. (Pvt.) Ltd. The applications for licences should be made to the Chief Controller of Imports and Exports, New Delhi.

Validity of licence

163. The period of validity of import licences for machine tools will be as indicated in Chapter XI of this book.

164. Applications from Actual Users for import of second-hand Machine Tools must be accompanied by a Chartered Engineer's certificate bringing out the following information:—

(i) Full specification of the second-hand machine tool, maker's name for the machine and price of the machine or similar machine if bought new.

(ii) Year of make.

(iii) Name of the firm which carried out reconditioning'repairs, if any, and nature of repairs carried out.

(iv) Present condition and expected life subject to normal care and maintenance and use within its designed capacity.

(v) Professional standing of the Chartered Engineer who should normally be an independent party having nothing to do with the firm selling the second-hand machine.

(vi) Photograph of the machine if available.

Requests for issuing of import licences for second-hand Machine Tools subject to the condition that the requisite Chartered Engineer's certificate would be produced to the satisfaction of the licensing authority before shipment is effected, would also be considered on merits in consultations with Development Officer (Tools).

{PART 1-SEC. 1] THE GAZETTE ()1 INDIA EX IRA ORDINARY 303/109

Conditions applicable to licences for machine tools

165. Import licences for machine tools will be issued subject to the following in addition to any other condition imposed or deemed to have been imposed on the licence under Clause 5 of the Imports (Control) Order, 1955:—

"This licence is issued subject to the condition that the particulars of gxids. i.e., machine tools, imported under it shall be fur- nished by the licensee, to the Customs authorities in the pre- scribed proforma alongwith the bill of entry or other docu- ments of import at the time of clearance of goods".

The proforma prescribed for this purpose is given in Appendix 23.

Import of printing machinery

166. (1) Applications for import of printing machinery will be con- sidered from actual users.

(2) Application from printers registered an small Scale Units with the State Director of Industries, should be made to the Chief Controller of Im- ports and Exports, New Delhi, through the State Directors of Industries. Other printers should apply through the State Controller of Printing. The applications should be made in form 'B'. The sponsoring authority will record his recommendation in Part ITT of the application form, and will also indicate therein whether the machinery sought to be imported is re- quired for replacement or development purposes and whether the applicant is a quality printer or not.

(3) Applications for import of printing machinery from units engaged in industrial production should be made to"the Chief Controller of Imports and Exports, New Delhi, through the sponsoring authority concerned. Such -applications should be made in form 'E'.

(4) Under these provisions, applications for import licences will be considered from actual users for the import of rotaries and custom-built specific purpose printing machinery. The 'custom-built machines' are those which are specially built/manufactured to a particular specification and design to suit the requirements of an actual user. They are broadly of one unit combination designed and made to order, have their own identity and are meant to do specialised type of work involving one or more operation which cannot normally be done by machines. built to standard specifica- tions available in the market. Examples of such machines are Currency Printing Machines, combining different processes and methods of printing such as letter press, offset and ohotogravure, flexographic printing machines for the production of paper bags which have printing and linings on the inner side, machines for printing special forms, challans, delivery notes, etc., in duplicates, triplicates and quadruplicates each in different colours of paper, carton and reel ticket printing machines, machines designed for paper lined aluminium foil printinp for packing different sizes required by pharmaceutical firms.

303/UO T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

(5) The actual users requiring other types of printing machines of rupee area origin may contact the State Trading Corporation of India, New Delhi. The S.T.C. has been authorised to comply with the orders for machines other than (i) Automatic Cylinder Printing Machines, (ii) Paper Folding Machines, and (iii) Thread Sewing Machines, and not exceeding the c.i.f. value of Rs. 25,000/- (post-devaluation) provided:

fa) that no actual user is supplied with more than one machine during the course of a year;

(b) that no actual user is allowed to sell the machine acquired from the S.T.C. without the prior approval of the Chief Controller of Imports and Exports, New Delhi;

fc) that request for a second unit of the same machine from the same actual user will be referred to the Chief Controller of Imports and Exports, New Delhi, for instructions; and

fd) that the orders on the S.T.C. for the supply of machine from printing establishments should be duly supported by recom- mendations of the sponsoring authority concerned.

(6) The machines of the types, namely, (i) Automatic Cylinder Printing Machines, (ii) Paper Folding Machines, and (iii) Thread Sewing Machines, and those valued at more than Rs. 25,000/- c.i.f. (post-devaluation), will be supplied by the S.T.C. to actual users with the prior approval of the Chief Controller of Imports and Exports, New Delhi.

Import of garage and workshop machinery

- 167. Applications for import of garage and workshop machinery will be considered from actual users. Such applications should be made to the Chief Controller of Imports and Exports, New Delhi, through the State Directors of Industries. The applications should be made in farm ' B\ The sponsoring authority will record his recommendation in Part III of the application form, and will also indicate therein whether the machinery sought tj be imported is required for replacement purposes. The appli- cant should also indicate the country from which the equipment is sought to be imported.

Import of studio equipment

168. Applications for import of studio equipment will be considered from film studios. The applications should be made in form *B' and ad- dressed to the Chief Controller of Imports and Exports, New Delhi, The applicant should also indicate the country from which the equipment is • sought to be imported.

Import of construction machinery

169. Applications for import of construction machinery will be con- sidered fnm construction agencies. The applications should be made in form 'B' and addressed to the Chief Controller of Imports and Exports, New Delhi. The applications should be made through the State Director of Industries who will make his recommendation in consultation with the con- cerned department of the State Government. The applicant should also in- dicate the country from which the equipment is sought to be imported.

[IJARI ;--,!(;. 1] THE GAZE 1TE 01 INDIA EXTRAORDINARY 3 O 3 / I II

Units engaged in chemical analysis and testing

;"•,!. (1) Applications from the units engaged in chemical analysis and testing of the products manufactured by other industrial units, will be con- sidered for the import of essential machinery, machine tools of equipments, which :;re not produced indigenously.

(2' The application should be made to the regional licensing authorities concerned in the prescribed form 'B', through the State Director of Indus- tries. The Director of Industries should obtain indigenous clearance from the LX'SSI), New Delhi, before recommending a licence.

Garment-making industry

171. Applications from garment-making industry for the import of spurt- ;.nd machines for replacement or expansion purposes and for setting up ncv units, will be considered by the Joint Chief Controller of Imports and Exports, Bombay, on the basis of the recommendation made by the Textik Commissioner. Such applications should be made through the Textile Commissioner in the prescribed form 'B'.

3 O 3 /1 12 T HE GAZETTE OF INDIA EXTRAORDINARY [PART J-SEO. 1]

CHAPTER VU

SPECIAL LICENSING SCHEMES

Equipments for irrigation projects*

172. (1) The Scheme for the import of machinery and equipment re- quired by irrigation projects will apply to import applications of an aggre- gate value of Rs. 25,000 or more in respect of any project or subsidiary thereof.

(2) Subject to the provisions of sub-para (1) above, the scheme will apply to the following goods classifiable under Parts I, II and V of the I.T.C. Schedule:—

Part I.—Serial No. 17—Cast iron and steel valves and similar con- trols for Water Works, Irrigation and Hydro-Electric Schemes.

Serial No. 20—Fabricated gates for dams and barrages.

Part II.—Serial No. 9—Iron and steel articles and controls includ- ing cocks and taps for dams and barrages.

Serial No. 36—A1J goods included in Serial Nos. 36(1), 36(2), 36(3), 36(4) and 36(5)—required for irrigation Hydro-Electric Schemes.

Pan V.—Serial No. 65—All goods falling under Serial Nos. 65 (1), 65(2), 65(3), 65(4), and 65(5) when required for Irriga- tion Projects.

Serial No- 92-—Water meters and measuring instruments re- quired for Water Works, Irrigation and Hydro-Electric Pro- jects.

(3) Form and manner of application.—The applications for equipments and machinery for irrigation projects will be considered in the same way as the applications for Capital Goods. An applicant should submit one consolidated application in respect of all his requirements instead of mak- ing piecemeal applications. The applications should be made in duplicate in the application form prescribed for Capital Goods and Heavy Electrical Plant as given in this book (i.e., Form 'E ), to the Chief Controller of Im- ports and Exports, New Delhi, through the Central Water and Power Commission, New Delhi.

(4) The application should be accompanied by I.V.C. Registration Exemption Number, the Treasury Receipt, showing payment of application fee, seven copies of the list of goods applied for, and any other document relied upon by the applicant or considered necessary in terms of the policy in force.

[PART I^SEC, 1] THE GA7.F.TTE OF INDIA EXTRAORDINARY 303/113

(5) Period of Validity.—The period of validity of the licences grant- ed under this scheme has been indicated in Chapter XT of this book.

Government Contracts/Stores ordered by Director General of Supplies and Disposals

173. (1) Specfal arrangements have been made to deal with applica- tions for import licences by persons or firms, etc., to cover goods in res- pect of which a contract has been placed on them by the Director General of Supplies and Disposals.

(2) Import Recommendation Certificate.—In such cases, the applicant should obtain from the appropriate Director of Supplies an Import Recom- mendation Certificate (IRC) showing inter alia:—

(i) The number and date of the contract,

(ii) Description of goods,

(iii) Contractual value of goods,

(iv) C.I.F. value of goods.

(v) Expected period of delivery,

(vi) Name of the indentor.

(vii) Reference number and date under which foreign exchange has been released.

(viii) Source from which foreign exchange is provided and mode of payment.

(ix) Number and date under which indigenous clearance has been obtained from the D.G.T D. in respect of the goods sought to be imported.

NOTE -.—It may be clarified that no indigenous clearance will be necessary for the import of goods which arc licensable to actual users in terms of the import trade control policy in force at the time of making the application for the licence. In respect of all other items, it will be necessary for the D.G.S.&D. to obtain indigenous clearance from the D.G.T.D. before recom- mending the import.

(3) Form and manner of application.—On receipt of the above-mentioned certificate, the applicant should make out a single application in respect of each contract, covering all goods under Parts I, II, ITT, TV and V of the I.T.C. Schedule (other than controlled categories of Tron nnd Steel) in the form prescribed for established importers (i.e.. form 'A?1> as ?iven in this book. The words 'Established importers' at the head of the applica- tion form should, however, be struck off and replaced by words "D.G.S.&D. CONTRACTS" in red ink, and clause 7 of the form should also be deleted. The application should be forwarded to the Chief Cont- roller of Imports and Exports (Government licensing Section), New Delhi, attaching the certificate from the Director of Supplies, in original,

303/114 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

(4) The applications should be accompanied by I.V.C. Registration Exemption Number, the Treasury Receipt showing payment of application fee, 5 copies of the list of goods sought to be imported and any other docu- ment rehed upon by the applicant or considered necessary in terms of the policy in fence.

(5) Period of validity.—The period of validity of the licences issued under these provisions is indicated in Chapter XI of this book.

(6) No last date for applications.—The applications will be entertained as and when received during the course of a licensing period.

(7) Imports against D.G.S. & D. contracts will not qualify for quota.— Licences issued on the basis of such applications will not deprive the importer of his normal quota entitlement, if any, nor will any benefit be given to him for any imports made under this scheme in calculating the importer's quota.

(8) Conditions on licences.—In addition to any other conditions which may be imposed on or applicable to the licences issued under this Scheme, the following condition will also be imposed:

"This licence is issued subject to the condition that the goods im- ported shall be utilised or disposed of in the manner as stipu- lated in D.G.S.&D. Order No dated and the imported goods shall not be uti- lised or disposed of in any other manner without the prior written approval of the licensing authority."

Stores ordered by State Railways

174. (1) Special arrangements have also been made to deal with applications for import licences by persons or firms, etc. to cover orders placed on them by State Railways.

(2) Form and manner of application.—The applicant should make out a single application in respect of each contract covering all the goods under Part I, II, III, IV and V of the I.T.C. Schedule (other than cont- rolled categories of Iron and Steel) in the form prescribed for Established importers (i.e., Form 'A') as given in this book. The words 'Established Importers' at the head of the application form should, however, be struck off and replaced by the words 'Railway Contracts' in red ink, and clause 7 of the form should also be deleted. The application should be forward- ed to the Chief Controller of Imports and Exports (Government Licens- ing Section), through the Railway Liaison Officer, New Delhi.

(3) Recommendation for licence.—While recommending the import, the Railways should invariably give the following particulars inter alia:—

(i) Railway order number and date. (ii) Description of goods sought to be imported, (iii) C.I.F. value of the goods, (iv) Expected period of delivery, (v) Name of the indentor. (vi) Reference number and date under which foreign exchange has been released,

[PART I-SEC. 1] THE GAZETTE OV INDIA EXTRAOttUI.N'ARV 303/115

(vii) Source from which foreign exchange is provided and mode of payment.

(viii) Reference number and date of the D.G.T.D. under which indi- genous clearance has been obtained.

NOTE:—It may be clarified that no indigenous clearance will be neces- sary for the import of goods which are licensable to actual users in terms of the import trade control policy in force at the time of making the application for the licence. In respect of all other items, it will be necessary for the DG.S.&D. to obtain indigenous clearance from the D.G.T.D. before recommending the import.

C4) Tlie provisions made in sub-paras 4, 5, 6, and 7 of paragraph 173 above will also be applicable in the case of Railway Contracts.

(5) Conditions on licences.—Tn addition to any other conditions which may be imposed on or applicable to the licences issued under this Scheme, the following condition will also be imposed :

"This licence is issued subject to the condition that the goods im- ported shall be utilised or disposed of in the manner as stipu- lated in Railway Order No dated and the imported goods shall not be utilised or disposed of in any other manner with- out the prior written approval of the licensing authority."

Imports from Afghanistan

175. Imports from Afghanistan arc regulated in terms of the Trade Agreements entered into between the Governments of India and Afghanistan from time to time.

Imports from Nepal

176. Unless otherwise provided, imports and exports of goods from and to Nepal are allowed without import and export control restrictions, provided the goods are cither the produce of or manufactured in the respective countries. The export of raw jute and mesta to Nepal will, however, be regulated in accordance with the provision of the Exports (Control) Order 1962, as laid down in the Ministry of Commerce Public Notice No. 5. ETC(PN)/67 dated 14th February, 1967.

Imports by traders in Jammu and Kashmir

177. (1) Weightage on quota entitlements.—Established Importers in the State of Jammu and Kashmir are, at present, allowed a weightage of 50 per cent over their quota entitlements for permissible items. They arc, however, required to (i) bring the goods imported by them into the State of Jammu and Kashmir, (ii) their arrival is reported to the Director of Supplies, Jammu and Kashmir, and (iii) they are not to be put up for sale without physical verification by the Director of Supplies.

303/116 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I - S I C. 1]

(2) The established importers will not be eligible to have their quotas refixed on the basis of more favourable imports in the basic period resulting from the weightage of 50 per cent allowed to them on their quota entitle- ment.

(3) Import licences to established importers in Jammu and Kashmir will be issued after the applicant has produced a certificate from the State Director of Supplies that he has fulfilled the conditions in respect of the previous quota licences issued to him, as stated in sub-para (1) above.

Licensing under Trade Arrangements

178. The Government of India have signed Trade Agreements with a number of foreign countries. These Trade Agreements are revised from time to time. In addition to the Trade Agreements, special payments and trade arrangements have also been worked out with respect to some of the countries. Licences under the special payments and trade arrangements with these particular countries are issued from time to time. For particulars, the importers are advised to contact the Chief Controller of Imports and Exports or the Ministry of Commerce, New Delhi.

Import for stock and sale through Co-operatives

179. (1) Applications for import licences are considered from National Co-operative Consumers Federation, New Delhi, subject to the availability of ceiling.

(2) Applications for licences should be made to the Chief Controller of Imports and Exports, New Delhi, through the Ministry of Food, Agriculture, Community Development and Co-operation (Department of Co-operation), New Delhi.

(3) Applications should be made in the prescribed form 'B', supported by treasury challan showing payment of application fees, and any other document as may be necessary under the import policy in force.

(4) Import licences issued in such cases will be subject to such condi- tions regarding distribution or disposal of the imported goods as may be imposed by the licensing authorities.

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CHAPTER VIII

PUBLIC SECTOR

PART A—Industrial undertakings in the public sector

180. The industrial undertakings in the public sector have been divided into two categories, and the procedure for submission of import applications in respect of each category is different. These two categories are:—

(i) Industrial undertakings in the public sector, excluding indus- trial undertakings which are run departmentally by Central or a State Government, and

(ii) Industrial undertakings which are run departmentally by Central or a State Government.

Import of raw materials, components and spares

(i) Industrial undertakings excluding departmentally-run undertakings

(a) Priority Industries

181. A list of priority industries is given in Appendix 12.

(i) Import of raw materials and components

182. (1J Applications on consumption basis.—The industrial under- takings in the public sector, engaged in the priority industries (excluding undertakings which are run departmentally by the Central or a State Govern- ment), should make their import applications for raw materials and com- ponents, endproduct-wisc by way of claiming replenishment of imported raw materials and components Consumed by the unit within a given toeriod, in the same manner and subject to the same conditions as have been laid down for the units borne on the books of the DGTD and engaged in priorty in- dustries.

(2l Applications through DGTD.—Applications should be made by the units to the Chief Controller of Imports and Exports, New Delhi, through the Directorate General of Technical Development (Import Cell). The DGTD will recommend the applications having regard to the essentiality for import as wel as the indigenous availability.

(3) Units manufacturing iron and steel or electronic components.— The units manufacturing iron and steel or electronic components should make their import applications through the administrative Ministry con- cerned. The administrative Ministry will, in such cases, examine the appli- cation from the essentiality angle, and forward the same with their recom- mendations to the D.G.T.D. The D.G.T.D. will send the application to the Chief Controller of Imports and Exports, New Delhi, with their comments from the indigenous angle.

3O3/ll8 T H F- GAZETTE OF INDIA EXTRAORDINARY [PART I^SKC. 1J

(4) Form and manner of application.—Applications should be made, in duplicate, in the prescribed form C as given in this book, accompanied -by:—

(i) A statement showing consumption, production and un-utilised value of licences, in the proforma appearing in Appendix 14.

(ii) Treasury/Bank receipt showing 'payment of application fees on the value applied for.

(iii) The required number of copies of the list of items sought to be imported; (The number of copies of the list of items likely to be required should be calculated by the applicant on the basis of seven copies for each licence of the set of previous licences issued. Out jf these seven copies, one copy will be returned by the Directorate General of Technical Development to the applicant with such amendments as may be made by the D.G.T.D.).

(iv) Any other document/information considered necessary or required in terms of the provisions of this book or relevant Tmport Trade Control Policy Book or any other Public Notice/ Trade Notice issued regard.

(ii) Import of Spare Farts

183. (1) Separate applications for spares.—The industrial undertakings in the public sector, engaged in the priority industries (excluding under- takings which are run departmentally by the Central or a State Government) should make separate applications for import of spare parts. Such applica- tions should be made on annual basis. There will be no last date for •submission of applications,

(2) Applications through DGTD.—Applications for import of spare parts should also be made to the Chief Controller of Imports and Exports, New Delhi, through the DGTD. The DGTD will send the applications to the CCF & E with their recommendations,

(3) Units manufacturing iron and steel or electronic components.— Units manufacturing iron and steel or electronic components should make their import applications to the CCT & E, New Delhi, through the Administrative Ministry concerned, and not through the DGTD. The Administrative Ministry will send the applications to the CCI&E with their recommendations

(4) Form and manner of applications.—(a) Applications for import of spare 'parts should be made in the prescribed form 'K' given in Appendix .3, accompanied by:—

(i) Treasury challan showing payment of application fees,

(ii) A statement indicating all the particulars nf the imported machi- nery as well as indigenous machinery having imported com- ponents, for the maintenance of which the spare parts are sought to be im'ported.

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(.5) No list of spares.—It will not be necessary for the applicant to furnish a list of spare parts to be imported. Import licences will be valid for the import of permissible spare parts required for the 'plant, machinery and equipment installed or used in the licence holder's factory, in accordance with the relevant import policy applicable to the units engaged In the prio- rity industries.

(b) Industries other than the priority industries

Import of raw materials, components and spares

184. (1) Consolidated applications.—Industrial undertakings in the public sector, engaged in industries other than the priority industries (ex- cluding industrial undertakings which are run departmentally by Central or a State Government), should make consolidated applications for raw materials, components and spares to the Chief Controller of Imports and Exports, New Delhi.

(2) Applications through administrative Ministry.—The applicant unit nhould send its import application to the administrative Ministry concerned. The administrative Ministry will examine the application from the point of view of essentiality, and thereafter send it to the DGTD (Import Cell) for indigenous clearance. After the application has been cleared both from essentiality and indigenous angles, the administrative Ministry will arrange for release of foreign exchange, and forward the application to the Chief Controller of Imports and Exports, New Delhi, for issue of an import licence.

(3) Applications on half-yearly baste.—(a) Application for import of raw materials, components and spares should be made by the units engaged in industries other than the priority industries on half-yearly basis.

(b) The first application, covering requirements for six months, should be made after utilising the previous set of licences for raw materials, com- ponents and spares to the extent of 90 per cent by opening letter of credit, or 60 per cent by actual importation, or 70 per cent by shipment of goods-

(c) The second application, covering further requirements for six months, may be made after utilising the import licences issued against the first application to the extent indicated in (b) above.

(d) The evidence showing the utilisation of previous licences 3hould be furnished with each application, in the form of original or photostat of the Exchange Control or Customs copy of the licence, as the case may be. In lieu of Exchange Control copy of the licence, a certificate from the concerned bank in support of opening of letter of credit may also be accept- able.

(4) Form and manner of applicatton.-—(a) The form and manner of application for the units engaged in industries other than the priority indus- tries will bo the same as laid down in sub-paragraph 182 (4) above.

(b) There will be no last date for submission of, applications.

(5) No list for spares.—It will not be necessary for an applicant to furnish the list of spare parts sought to be imported. Import licences will •'JUE\6[ oqi TOJ poxmbaj s^red areds oxqissyinjad jo p o d un aqj IOJ PTIBA oq 49 G. of I. Ex.—10

3O3/J2O T HE GAZETTE Ol< INDIA JiX IRA ORDINARY [1JART I^SHC. 1]

machinery and equipment, installed or used, in the licence holder's factory, subject to such restrictions as may be imposed by the licensing authority in terms of the relevant import policy in force.

(6) Consolidated licences.—Import licences issued to a unit engaged in industries other than the priority industries, will be consolidated licences covering the requirements of the unit in respect of raw materials, components as well as spares including spare parts and machine tools.

(ii) Undertakings run departmentally by Central or a State Government,

185 Procedure for submission of applications.—(1) Import licences for raw materials, components and spares to industrial undertakings in the public sector run departmentally by Central or a State Government, will be granted against the specific foreign exchange ceilings allocated/released by the Government of India and on the basis of the indigenous clearance given by the D.G.T.D.

(2) The applications for licences may be made by such undertakings to the Chief Controller of Imports and Exports, New Delhi, or to the regio- nal licensing authorities concerned.

(3) The applications should be supported by a letter of the administra- tive Ministry of the Government of India indicating the sanction for the release of foreign exchange to cover the imports sought to be made. Such letter should also certify in clear terms that clearance from indigenous angle has been obtained from the D.G.T.D., and that the concurrence of the Ministry of Finance (Department of Economic Affairs), Government of India, for expenditure of foreign exchange has been obtained.

(4) The provisions of sub-paragraph 182(4) above will also apply to these undertakings. It may, however, be clarified that a public sector project/undertaking run as a department or an office of the Central Govern- ment or a State Government is exempt from the payment of application fees.

186. Consolidated applications.—It should be noted that an industrial undertaking should submit a consolidated application for an import licence covering its requirements of raw materials, components as also, spare parts, including spare parts of machine tools for the particular industry to which the application pertains except that the units engaged in the priority indus- tries should make a separate application for spare parts. Where an under- taking has to import goods through different agents by obtaining letters of authority in favour of such agents, the application for the licence should be accompanied by separate lists of goods to be imported through each agent. In such cases the applicant can also make separate applications for licences in respect of goods to be imported through different agents.

187. Processing of applications and basis of licensing.—(1) In the case of industrial undertakings engaged in the priority industries (other than those run departmentally by Central or a State Government), the import applications will be scrutinized by the D.G.T.D. both from the point of view of essentiality and indigenous angle; and import licences will be issued to such units on the recommendations of the D.GT.D. However, in the case of units manufacturing iron and steel or electronic components, the

JPART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/12I

D.G.T.D, will scrutinize the applications from indigenous angle only; and the essentiality for import in such cases will be determined by the adminis- trative Ministry concerned.

(2) In the case of industrial undertakings engaged in industries other than the priority industries (excluding those run departmentally by Central or a State Government), the applications will be scrutinized by the D.G.T. D. from indigenous angle- The essentiality for import in such cases will be determined by the administrative Ministry concerned; and import licences will be issued in respect of the items cleared by the D.G.T.D. from indige- nous angle and for the value recommended by the administrative Ministry.

(3) In the case of undertakings run departmentally by Central or a State Government, import licences will be issued on the basis of the foreign exchange released by the administrative Ministry and the indigenous clear- ance given by the D.G.T.D.

(4) In the case of units where the D.G.T.D. will be required to examine the application both from the point of view of essentiality and indigenous angle, the recommendation of the D.G.T.D. will be forwarded to the Chief Controller of Imports and Exports, New Delhi, alongwith one copy of the application for licence in each case and the treasury challan furnished by the party. The required number of copies of the list of goods recom- mended for import by the D.G.T.D. including one copy of the list duly attested by them, will also be sent to the Chief Controller of Imports and Exports, New Delhi, alongwith the recommendations in all cases. The D.G.T.D. will also send a copy of their recommendation to the applicant, returning to him therewith one copy of the list of the goods applied for, with such changes as may be made by them in the list.

(5) In the case of units where the D.G.T.D. will be required to examine the application only from the indigenous angle, tho D.G.T.D. will attest one copy of the list of items cleared by them for use in the licensing office. The D.G.T-D. will also send one copy of the list to the applicant with such changes as may be made by them in the list.

(6) Processing of application in Licensing Office.—On receipt of the application and the recommendation from the D.G.T.D./administrative Ministry, the licensing authority will check the treasury challan, and if the application is found to be in order, the licence will be issued or refused, as the case may be, based on the recommendation of the D.G.T.D./adminis- trative Ministry. The value or quantitative limit, if necessary, in respect of any item allowed to be imported, will be imposed by the licensing authority on the basis of the recommendation of the D.G.T-D.

(7) In the case of applications from departmentally-nin industrial undertakings, which arc not to be sponsored by the D.G.T.D., the licensing authority will consider the applications on the basis of the foreign exchange release and the indigenous clearance obtained by the applicant as indicated in sub-paragraph 3 above.

(8) The licensing authority will issue consolidated licences to each industrial undertaking for the import of raw materials, components and sprites except that in the case of units engaged in the priority industries.

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separate licences will be issued for spare parts. However, instead of issuing consolidated licences against a particular application, the licensing authority may issue separate import licences in the following types of cases:—

(a) Where the goods are sought to be imported by thft applicant through different agents on the basis of letters of authority;

(b) Where the mode of payment is different, such as Free foreign exchange, Aid, Rupee, etc., and

(c) Where the goods are to be imported through different ports.

188. Flexibility.—The flexibility provided to actual users in the utilisa- tion of their import licences for raw materials, components and spares in term of paragraphs 84 and 85 of this book will also be applicable to the import licences for raw materials, components and spares issued to the indus- trial undertakings in the public sector.

189. Emergency licences for spares.—The facility provided to actual users for the grant of emergency licences for import oi spare parts will also be available to the industrial undertakings in the public sector, upto a total value of Rs. 10,000/- in each case during the course of a year. The applica- tions for emergency spares can be made by the undertakings to the Head- quarters Office of the Chief Controller of Imports & Exports "r to the regional licensing authority concerned. In each application, the undertak- ing should indicated the value of emergency spares licences already obtained or applied for during the year.

190. Applications for amendment in the licence*.—The applications for amendment in licences should be made by the licensees direct to the licensing authority concerned. Where any change in the description or value of goods is sought, the application for amendment should be made through the Directorate General of Technical Development in the case of undertakings sponsored by the D.G.TD. In the case of undertakings not sponsored by the D.G.T.D., the application for amendment in value or goods should be supported by the same evidence as is necessary for obtain- ing an import licence.

191. (Applications for invalidation.—The applications fox rcvalidation of licences should also be made direct to the licensing authorities concerned, in the prescribed application form as given in this book. While applying for revalidation of licence issued for the import of goods under Foreift Credit, Loan or Aid, or other tied resourcen, it should be clearly indicated whether the date /period up to which revalidation is asked for, falls within tiie date/period of terminal delivery fixed under the particular credit, etc. 192. Industrial undertakings of State Governments—The procedure applicable to the industrial undertakings in the public sector hi the preceding paragraphs will also apply to the industrial undertakings of the State Governments.

Import of capital goods (plant and equipment)

193. The public sector projects/undertakings should submit tfctif applications for import of capital goods in the prescribed form (Form 'B") as given in appendix 3. The applications should be supported by the following:—•

(i) Seven copies of the list of items sought to be imported.

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(ii) A treasury receipt showing the payment of application fee on the value applied for, (It may be clarified that a public sector project/undertaking run as a department or an office of the Central or State Government is exempt from the payment of application fee).

(iii) Any other document/information considered necessary or required in terms of the provisions of this book or the relevant import trade control policy book or any other Public Notice/ Trade Notice issued in this regard.

194. The applications for licences should be made to the Chief Control- ler of Imports & Exports, New Delhi, in the manner indicated below:—

(i) The applicant should send his application to the D.G.T.D.

fil) The D.G.T.D., after giving their comments from the indigenous angle and essentiality, will forward the application to the administrative Ministry concerned in the Central Government.

(iii) The administrative Ministry concerned will forward the applica- tion to the Chief Controller of Imports & Exports, New Delhi, with their recommendation and also indicate the cecessary release of foreign exchange, if they recommend the import.

195. The industrial undertakings in the public sector should send report! on quarterly basis to the administrative Ministry concerned in the Central Government and to the Ministry of Finance (Department of Economic Affairs), New Delhi, indicating the amount of foreign exchange utilised by obtaining licences for the import of capital goods in a particular licensing Period.

196. The public sector projects/undertakings should submit consolidated applications for the import of capital goods, preferably not more than twice in a licensing period. They should also mention the specifications, quantity and value in respect of the items applied for. The quantitative restrictions, tf necessary, hi respect of any item, will be imposed by the licensing autho rity on the basis of the recommendation of the D.G.T.D.

197. Applications for import of equipment and machinery needed for emergency requirement, or in the event of sudden, breakdown, should be made by public sector projects/undertakings direct to the Chief Controller of Imports & Exports, New Delhi. Such applications need not be sent through the D.G.T.D. or the administrative Ministry concerned. In the forwarding letter of the application, the applicant should indicate the number and date of the licence against which the goods in question were originally imported.

PART B—State Electricity Boards/Projects

'0 Import of maintenance and operational items of spares and stores.

198. Applications for the import of maintenance and operational itemi of spares and stores should be made by the State Electricity Boards/Projects in the form given in Appendix 3. Such applications should be made to the Chief Controller of Imports and Exports, New Delhi or to the regional Bcensing authority in whose jurisdiction the applicant is situated. In th*

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latter case, the State Electricity Board/Project concerned should send a& intimation to the Chief Controller of Imports and Exports, New Dalhi (Project Licensing Section), in advance, in the beginning of'the licensing period. In such cases, the applications, if any, received by the Cheir Controller of Imports and Exports, New Delhi, will be forwarded by him to the regional licensing authority concerned for disposal.

199. The applications should be supported by the following:—

(i) An attested copy of the letter containing sanction ol the release of foreign exchange to cover the imports sought to be made.

(ii) A certificate to the effect that the items sought to be imported are not available from indigenous sources, or available in specific delivery period not suitable for the purpose for which the import is intended to be made, and that in the case of banned items, a specific clearance from the Central Water and Power Commission has been obtained.

(iii) Five copies of the list of goods sought to be imported duly signed by the applicant.

(If the goods are to be imported against more than one mode of financing, e.g., Free Foreign Exchange, Rupee, Foreign Credit, etc., the application should be supported by five copies of the list of items to be imported against each such mode of financing).

(iv) A treasury receipt showing the payment of application fees on the value applied for.

(It may be clarified that a Project or a Board or undertakin - run as department or office of the Central or a State Govern- ment is exempt from the payment of application fees),

(v) Any other document/information considered necessary or required In terms of the provisions of this book or the relevant Import Trade Control Policy Book or any other Public Notice / Trade Notice issued in this regard.

200. Where an allocation has been made by an appropriate authority to any State Electricity Board/Project for the import of maintenance and operational items of spares and stores, it will not be necessary for such on applicant to produce with the application for an import licence, the letter containing the sanction of foreign exchange referred to in sub- paragraph 199(0 above. Instead, in such a case, the applicant should send with his application a certificate to the effect that the value of the goods applied for is within the allocation made to the concerned Board/Project/ Undertaking for the import of maintenance and operational items of spares and stores.

201. After the import of the goods against the licence issued for the import of maintenance and operational items of spares and stores, the licensee should invariably send to the Central Water and Power Commission, New Delhi, a list of the items actually imported against th© licence. The Central Water and Power Commission will undertake a check of the items actually imported having regard to indigenous availability.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/T25

202. The State Electricity Board/Project/Undertaking should also send reports on quarterly basis, to their administrative Ministry concerned of the Central or the State Government, as the case may be, and to the Ministry of Finance, Department of Economic Affairs [F.E.B. (II) Brancl]"|, New Delhi, indicating the amount of foreign exchange utilised by obtaining licences for the import of maintenance and operational items of spares and stores in a particular licensing period.

Import of raw materials, components and major assemblies

203. The State Electricity Boards/Undcrtakings/Projects should make Iheir applications for the import of raw materials, components and major assemblies to the Chief Controller of Imports and Exports, New Delhi, in the manner indicated below:—

(i) The application should be sent to the Central Water and Power Commission, New Delhi, in the form given in Appendix 3.

0"i) The application should be in diuplicate and supported by the following:—

(a) A treasury receipt showing the payment of application fees on the value applied for.

(Lt may be clarified that a State Electricity Board or Under- taking or a Project run as a Department of the Central or a State Government is exempt from payment of application fees.).

(b) Seven copies of the list of items sought to be imported.

(c) Any other document/information considered necessary or required in terms of the provisions of this book or the Import Trade Control Policy Book or any other Public Notice/Trade Notice issued in this regard.

(Hi) The Central Water and Power Commission will forward one copy of the application along with the treasury challan and five copies of the list of goods, including one copy dirty attested by them, to the Chief Controller of Imports and Exports, New Delhi, with their recommendation.

(iv) The Central Water and Power Commission will also send a copy of the list of the items to the applicant for his informa- tion, with such amendments as may be made by them in the list.

Capital goods and electrical plants

204. The procedure for submission of applications for import of capital goods and electrical plants by the State Electricity Boards /Undertakings/ Projects will be the same as indicated for the public sector undertakings in this chapter, except that indigenous clearance in such cases will be given bv the Central Water ;tnd Power Commission in place of the D.G.T.D.

303/126 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

205. Applications for amendments in licences should be made by the State Electricity Boards/Undertakings/Projects direct to the Chief Controller of Imports and Exports, and not through the Central Water and Power Commission. However, where any change in the value or' decription of goods is sought, the application for amendment should be routed through the Central Water and Power Commission.

206. Applications for revalidation of licences, should also be made direct to the Chief Controller of Imports and Exports, New Delhi. While applying for revalidation of licences issued for the import of goods under foreign credits, loans, aids or other tied resources, it should be clearly indicated whether the date/period upto which revalidation is asked I o r, falls within the date/period of terminal delivery fixed under the particular credit, etc.

PART C—Government departments /projects

207. Import licences to Central and State Government departments/ projects will be granted against the spedflc foreign exchange ceiling* allocated/released by the Government of India and on the basis of the indigenous clearance given by the D.G.T.D.

208. The applications for licences may be made to the Chief Controller of Imports and Exports, New Delhi, or to the regional licensing authorities concerned.

209. The applications for the licence should be made in form 'B' as given in this book. The applicant should send only one copy of the application to the licensing authority, accompanied by the following:—

(1) A letter from the administrative Ministry of the Government of India indicating the sanction for the release of foreign exchange to cover the import sought to be made. Such a letter should also certify in clear terms that clearance from indigenous angle has been obtained from the D.G.T.D. and that the concurrence of the Ministry of Finance (Department of Economic Affairs), Government of India, for expenditure of foreign exchange has been obtained.

(ii) Five copies of the list of goods sought to be imported, as cleared by the D.G.T.D. from indigenous angle.

NOTE.—It may be clarified that the Central and State Government departments and projects run as a department of the Central or a State Government arc exempt from application fees.

PART D Non-industrial undertakings in the public sector

210. The procedure indicated in paragraphs 207 to 209 above will also

apply to non-industrial undertakings in the public sector.

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CHAPTER IX

ACTUAL USERS (NON-INDUSTRIAL)

211. (1) Actual users (non-industrial) are those who require imported equipments, spare parts or other materials for their own use, but who are not engaged in industrial production.

(2) Actual users falling in this category have been broadly classified into the following two sub-groups:—

(i) Actual users (Services), which include actual users like news- paper establishments, printers, publishers of books, construc- tion agencies, fleet owners, garages and workshops, film studios and laboratories.

(ii) Actual users (Institutions), which include actual users like educational institutions, research organisations, technical/ technological institutions and hospitals.

(3) Applications from such actual users for import of spare parts for maintenance of the imported machinery and equipment, or indigenously- made machinery or equipment having imported components, or for import of other materials, will be considered in accordance with the relevant import policy in force.

Newspaper Establishments/Publishers of Periodicals

212. (1) Licensing Authority.—Newspaper establishments andpublishers of periodicals, should make their import applications to the Chief Con- troller of Imports and Exports, New Delhi.

(2) Application Form.—A separate simplified form for submission of import applications has been prescribed for this category of actual users (Form T ), which is given in Appendix 3. The application for import licences should be made in the prescribed form.

(3) Sponsoring Authority.—(a) Applications for import of newsprint and art paper should be made, in duplicate, through the Registrar of News- papers, Ministry of Information and Broadcasting, New Delhi.

(b) Applications for other import requirements should be made direct to the licensing authority, and not through the Registrar of Newspapers; only one copy of the application should be sent.

(4) Consolidated applications.—The applications should be consolidated ones, covering the import requirements of the applicant unit in respect of all items, excluding newsprint and art paper. Common ownership units of newspapers/periodicals can submit one combined application covering the requirements of the various newspapers and periodicals owned by them, giving details of the requirements of each establishment. For the import of printing machinery, separate applications should be made in accordance with the procedure laid down in Chapter VI.

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(5) Eligibility to apply.—-Import applications for specialised require- ments can be made after utilising the previous licences for these items to the extent of 90 per cent by opening letters of credit, or 60 per cent by actual importation, or 70 per cent by shipment of goods. The evidence regarding utilisation of previous licences should be produced in the form of original or photostat copy of the Exchange Control or Customs Copy of the licence, as the case may be. In lieu of Exchange Control Copy, a certificate from the bank regarding opening of letter of credit may also be acceptable.

(6) Accompanying documents.—Applications should be accompanied by the following:—

(i) Treasury challan showing the payment of application fees. In the case of newsprint, the newspaper establishments have been exempted from payment of application fees on an application covering a quantity of not more than 40 tonne of newsprint to be imported.

(ii) Details of the existing machinery, viz. description of the machines, number of machines, age of each machine, country of origin, and c.i.f. value in the case of imported machinery or purchase value in the case of locally purchased machinery,

(iii) Five copies of the list of items to be imported.

(iv) Any other evidence as may be necessary in terms of the import policy in force.

(7) Applications on annual basis.—Applications for import of news- print and art paper should be made on annual basis within tie last date prescribed for this purpose in the relevant import policy. In respect of other •requirements also, applications should be made on annual basis, but there wifi be no last date for submission of such applications.

(8) Associate Presses can also apply.—Applications for import require- ments other than newsprint and art paper, wOl also be considered from associate presses who have long-term arrangements/contracts with the owners of newspapers for the printing of their newspapers/periodicals. In such cases, the applicant should produce satisfactory documentary evidence in support of their having long-term ar"*ngement/contract with the news- papers.

Printers

213. (1) Licensing Authority.—Import applications from printers other than associate presses referred to in sub-para 2(8) of para 212 above, will be considered by the regional licensing authorities concerned, except few- printing machinery for which the licensing authority is the Chief Controller of Imports and Exports, New Delhi.

(2) Sponsoring Authority.—Applications for licences should be made through the sponsoring authority concerned. The sponsoring authority in the case of a printing unit will be the State Controller of Printing, but the units which have already got themselves registered as small scale units with the State Director of Industries, should make their applications through the State Director of Industries only.

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(3) Eligibility to apply.—Import applications for specialised require- ments can be made after utilising the previous licences for these items to the extent of 90 per cent by opening letters of credit, or 60 per cent by actual importation, or 70 per cent by shipment of goods. The evidence regarding utilisation of previous licences should be produced in the form of original or photostat copy of the Exchange Control or Customs Copy of the licence, a^ the case may be. In lieu of Exchange Control Copy, a certificate from the bank regarding opening of letter of credit may also be acceptable.

(4) Form and manner of application.—Applications should be made in the prescribed form 'B' and should be supported by the following:—

(i) Treasury challan showing the payment of application fees on the value applied for.

(ii) Details of the existing machinery, viz. description of the machines, age of each machine, country or origin, and c.i.f. value in the case of imported machinery or purchase value in the case of locally purchased machinery.

(iii) Five copies of the list of items to be imported.

(iv) Any other evidence as may be necessary in terms of the import policy in force.

(5) Consolidated applications.—The applications should be consoli- dated ones covering the requirements of the applicant unit in respect of all items, excluding printing machinery.

(6) Annual applications.—Applications should be made on anual basis, There will be no last date for submission of applications.

Publishers of books

214. (1) Licensing Authority.—Applications from publishers of books will be considered by the Chief Controller of Imports & Exports, New Delhi, for import of exposed negatives and positives of books for reproduction of titles.

(2) Form and manner of application.—The applications should be made on annual basis in the prescribed form 'B'; and it should be accom- panied by a treasury challan showing payment of application fees. There will be no last date for submission of such applications.

(3) The application should be supported by evidence to show that the applicant has published books.

Construction Agencies

215. (1) Licensing Authority.—Applications for import of spare parts by construction agencies will be considered by the Chief Controller of Imports and Exports, New Delhi.

(2) Form and manner of application.—(a) The applications should be made on annual basis in the prescribed form 'B\ It should be accom- panied by treasury challan showinu payment of application fees.

303/130 T HE GAZETTE Or INDIA EXTRAORDINARY [PART I-Smo. 1]

(b) It is not necessary for the applicant to furnish the list of spare parts sought to be imported. The licence, if issued, will be valid for the import of spares required for the machinery used by the applicant, subject to such restrictions as may be imposed by the licensing authority under the import policy in force.

(c) There will be no last date for submission of applications.

(3) Particulars of machinery to be furnished.—The applicant should furnish with his application a statement indicating the description of machinery, the age of the machinery, the country of origin and the C.I.F. value of the imported machinery or purchase value of the locally purchased indigenous machinery, for the maintenance of which the spare parts arc sought to be imported-

(4) Sponsoring Authority.—The applications should be made through the State Director of Industries, who will make his recommendation m consultation with the concerned department of the State Government.

Garages and repair workshops

216. (1) Licensing Authority.—Applications from garages and repair workshops for import of spare parts of machine tools and permissible garage tools will be considered by the regional licensing authorities concerned.

(2) Form and manner of application.—(a) The applications should be made on annual basis in the prescribed form 'B'; and it should be acco- mpanied by a treasury challan showing payment of application fees.

(b) It will not be necessary for the applicant to furnish the list of items sought to be imported. The licence, if issued, will be valid for the import of permissible garage tools and spare parts of machine tools required for the equipment used by the applicant, subject to such restrictions as may be im- posed by the licensing authorities under the import policy in force.

(c) There will be no last date for submission of such applications.

(3) Sponsoring Authorities.—The applications should be made through the State Director of Industries,

Fleet owners

217. (1) Licensing Authority.—Applications from State Transport authorities and other fleet owners, owning a fleet of 25 vehicles or above, will be considered by the regional licensing authorities concerned, for the import of permissible motor vehicle parts.

(2) Co-operative Societies can also apply.—Such applications will also be considered from a Co-oprative Society of transport operators with a total fleet of 25 vehicles or above. Such Cooperative Societies should be duty registered with the State Registrar of Co-operative Societies. The applica- tion for licence should be made through the State Registrar of Cooperative Societies, who will forward the application to the licensing authority con- cerned with his recommendation. The Registrar of Cooperative Societies v/ill also verify the correctness of the particulars of vehicles accompanying the application. It may be clarified that the Cooperative Societies like other fleet owners, will be required to furnish valid IVC Registration|Exemption Number while applying for import licences.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/131

(3) Form and manner of application.—(a) Applications under these provisions should be made in the prescribed form 'B' and these should also be supported by the following:—

(i) A treasury challan showing payment of the application fees on the value applied for.

(ii) A statement indicating the registration number of each vehicle, the year of make and the country of origin of each vehicle, for the maintenance of which the motor vehicle parts are sought to be imported. This statement should be certified by Sic Regional Transport Authority, or State Motor Transport Authority, or State Motor Licensing Officer.

(iii) It will not be necessary for the applicant to furnish a list of items sought to be imported. Import licences will be valid for such items of motor vehicle parts as may be permitted by the licensing authority under the relevant import policy in force.

(iv) There will be no last date for submission of such applications.

(4) The following vehicles will not be taken into consideration as a part ef the fleet for the purpose of these provisions:—

(a) Motorcycles, scooters and auto-rickshaws.

(b) Passenger cars meant for private use.

(c) Financiers who have advanced loans for purchase of vehicles which are being run by individual operators, will not be eligible to receive a licence as fleet owners.

Film Studios and Laboratories

218. (1) Licensing Authority.—Applications for import of spare parts, studio bulbs and other materials will be considered by the Chief Controller of Imports and Exports, New Delhi, from film studios and laboratories.

(2) Applications for import of processing chemicals will also be consi- dered, from film laboratories.

(3) Form and manner of application.—(a) The applications should be made on annual basis in the prescribed form 'B', and it should be supported by a treasury challan showing the payment of application fees on the value applied for.

(b) Five copies of the list of items sought to be imported.

(c) There will be no last date for submission of such applications.

Universities, Institutions and Hospitals

219. Licensing authorities.—Applications for the grant of import licences from universities, educational institutions, research organisations, technical/ technologcial institutions and hospitals, will be considered by the Chief Controller of Imports and Exports, New Delhi.

220. Sponsoring authority.—(a) Applications from departments and constituent colleges of universities and institutions affiliated thereto (ex- cluding medical and agricultural institutions), should be made through the University Grants Commission, New Delhi,

3G3 / * 32 1 HE GAZETTE OF INDIA EXTRAORDINARY [PART I-HEO. lj

(b) Applications from technical/technological institutions stould be made through the Ministry of Education, New Delhi.

(c) Applications from agricultural institutions should be made through the Ministry of Food, Agriculture, Community Development and Co- operation (Department of Agriculture), New Delhi.

(d) Applications from hospitals and medical colleges should be made through the Health Department of the Central or State Government con- cerned.

221. Form and manner of application—(a) Applications should be made in the form prescribed for actual users (Form 'B'), as given in Appendix 3.

(b) The application should be a consolidated application covering ah" the items sought to be imported.

(c) Each application should be accompanied by seven copies of the list of items to be imported. The quantity and value in respect of each item should be indicated in the list. Where an applicant has to import goods through different agents by obtaining letters of authority in favour of such agents, the application for licence should be accompanied by se- parate Hst of goods to be imported through each agent. In such cases, the applicant can also make separate applications for licences in respect of goods to be imported through different agents.

(d) There will be no last date for submission of applications. The sponsoring authority may, however, fix a last date for submission of appli- cations to be made through it.

Information to be furnished with Import applications

222. (1) All institutions including medical colleges and research/agricul- tural institutions applying for import licences should furnish the following information:—

(i) The department/course/subject, etc. or other purpose, If any, for which the stores covered by the application are required;

(ii) the details of the same stores already possessed by the institu- tion;

(iii) particulars (number, date and value) of each import licence issued to the institution for the same stores during the last three licensing periods, and the extent of utilisation in respect of each licence;

(iv) whether the stores covered by the application are required for the replacement of old stores or for expansion;

(v) whether the stores covered by the application are required for the implementation of any scheme (a brief summary to be given 'of the scheme, if any) sanctioned by any authority (to be named); and

(vi) whether and why the import of stores covered by the appli- cation (a) is considered urgent and inescapable, and (b) can- not be postponed.

[PART J-M:C. 1J THE GA/.K1 IE OF INDIA EXTRAORDINARY 303/133

(?) A statement should be furnished giving particulars (number and date, description of stores and value) of other applications for import licences submitted by the institution during the licensing period covered by the application.

223. The institutions should also furnish the following additional infor- mation indicated against each:—

(a) By Educational Institutions.—

(i) Whether the institution is recognised by any competent body such as a university or a board, and if so, the name of the university or board, etc., concerned.

(ii) Whether the institution forms a department or a constituent of affiliated institution of the university.

(iii) Whether the institution is managed by Government or, some Corporation/Municipality, etc., (to be named), and if manag- ed by Government, whether it is managed by the Central or a State Government.

(iv) The number of students on roll, (v) The post-graduate courses conducted. (vi) The number of students undergoing each post-graduate course. (vii) Particulars of grants, if any, received from Central or State Government or the University Grants Commission, or any other body (to be named).

(b) By Research Institutions.—

(i) Whether the institution is managed by Government or some Corporation/Municipality, etc. (to be named); and if managed by Government, whether it is managed by the Central or a State Government;

(ii) whether the institution forms a department of a constituent or affiliated institution of the university;

(iii) number of research workers on roll; (iv) subject on which research is conducted; and (v) particulars of grants, if any, received from the Central or the State Government or the University Grants Commission or any other body (to be named).

224. Hospitals applying for import licences should furnish the following information;—

(i) Whether the hospital is managed by Government or some Cor- poration/Municipality, etc. (to be named); and if managed by Government, whether it is managed by the Central or a State Government;

(ii) number 'of wards and beds in each ward;

(iii) particulars of grants, if any, received from the Central or the State Government or any other body (to be named);

(iv) an inventory of the major equipment and apparatus available with the applicant;

303/134 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

(v) whether the equipment proposed to be imported is new, com- plete or a major replacement; and

(vi) details of import licences obtained by the applicant during the last three licensing periods, indicating in each case the licens- ing period, the number and date of the licence, its value, brief description of goods and the imports effected.

225. Indigenous clearance.—Import applications will be considered from universities, institutions and hospitals only in respect of such items which have been cleared by the DGTD from indigenous angle. The sponsor- ing authorities should, therefore, obtain indigenous clearance from the DGTD before recommending the licence. In their recommendation, the sponsoring authorities should clearly indicate that indigenous clearance has been obtain- ed from the DGTD in respect of the items recommended for import. The number' and date of the DGTD's communication pertaining to the clearance given, should also be quoted.

226. Application fees.—(1) Hospitals owned by Central or a State Oovernment are exempt from payment of application fees.

(2) Educational, charitable or missionary institutions applying for goods for their 'own consumption, are also exempt from payment of application fees.

227. IVC Number.—The production of IVC Registration/Exemption Number has been dispensed with in the case of applications for licences from educational or charitable institutions which are exempt from paymeat of income-tax.

'"{PART I-SEC. 1] THE GAZETTE OF IXD1A EXTRAORDINARY 303/135

GHAPTER X

REPLACEMENT LICENCES

228. Replacement licences or Customs Clearance Permits for the "import of goods to replace those which are short-supplied, short-landed, "lost or damaged in transit or those found defective or otherwise unfit for •use after import, will be granted in terms of the provisions contained in "the succeeding paragraphs.

Short-shipment, short-landing or loss in transit before import

229. Where the import of snoods would have been covered by a valid licence if they had in fact arrived, but are short-supplied, short-landed or lost in transit prior to actual import, and are detected as such at the time of clearance through Customs, no fresh licence would be issued to cover -the goods supplied in replacement thereof, if the original licence is available -for their import. If the original licence has expired, it may be revalidated "to facilitate the import of such goods.

Loss or damage after Import

230. (1) In cases where goods are lost or damaged after import, -replacement licences may be issued by the licensing authority; but Jus provision will be applicable only when the loss or damage is caused on the docks after landing, provided the goods in question were covered by -Insurance policy at the time of such loss or damage. In such cases, the application for replacement licence may be considered on production of Tithe following documents:—

(i) The insurance survey certificate issued by the Lloyds Agents or any other authorised insurance surveyors to the effect that the goods were actually lost or damaged while on the docks after landing.

(ii) A certificate from the insurance company to the effect that they have accepted the claim for payment of Rupees (the amount to be specified) as the cost of the goods lost or damaged.

N B.—Where it is confirmed by the insurers or their local agents that ^separate insurance survey has not been conducted and that the claim has •tlbeen settled on the basis of survey conducted by the steamer agents, or -on the basis of the certificate of examination by the Customs, or the certificate of non-delivery issued by the Port Trust Authorities, the licensing

48 G. oil. Ex.—11

303/136 T 1 IE GAZE1TE OF INDIA EXTRAORDINARY [PART I-SEO. 1J

authority may accept such certificate/survey report issued by the steamer agents or Customs or Port Trust Authorities in lieu 01 insurance survey certificate. However, if the survey report or the certificate produced by the applicant does not give specific details in regard to the loss or damage- claimed, he may be asked to produce additional evidence such as corres- pondence exchanged with the carriers, insurers, port trust, etc.

(2) In cases where an insurance policy has been taken from a non- resident insurance company, the replacement licence under sub-para (1) above will be issued subject to the following condition:—

"The licence shall not be used for remittance abroad except with- the prior approval of the Reserve Bank of India."

(3) Where an insurance policy has been taken from an Indiair company, a replacement licence under sub-para (1) above may be issued without the condition mentioned in sub-para (2) above, provided thc- licensing authority is satisfied on the basis of evidence in the form of a certificate from the insurance company that the insurance policy in respect of the goods lost, damaged etc. had been issued by the company in Tndi&o and the claim has been accepted for payment in Indian rupees.

Note.—It may be clarified here that under the Exchange Control. Manual, Indian branches and agencies of Indian insurance company whose head offices are outside the Indian Union are regarded for Exchange Control purposes as resident in India and are subject to the same regulations as companies registered in India. Therefore, it has been decided that insurance- cover taken by the Indian importers with such Indian branches of the- Insurance companies incorporated abroad is to be treated as insurance- placed with resident company in respect of which insurance claim will be? settled in rupees locally.

(4) If the insurer settles the claim on the condition that the damaged/ defective goods shall be surrendered to him, the applicant will be require* to surrender such goods to the insurer who settled the claim.

Goods found defective or unfit for use after import

231. (1) Goods supplied fiee of charge in replacement of those previously imported winch have been found to be defective or otherwise unfit for use would be allowed to be cleared under Open General Licence No, IV provided the conditions stipulated in the said Open General Licence are fulfilled. A copy of the Open General Licence No. IV as amended is* given in Appendix 24 to this book.

(2) In cases involving import of goods free of charge, in replacement of those found defective or unfit for use after import, which are not covered' by Open General Licence No. IV, the licensing authority may consider trie- application for replacement licence or Customs Clearance Permit on pro- duction of the following documents:—

(i) The Insurance survey certificate issued by the Lloyds Agents or any other authorised insurance surveyors to the effect that th"f

[PAUT I-SEC. 1] THE GAZETTE OF INDXA EXTRAORDINARY 303/I37

goods were actually received in defective condition and required replacement.

(ii) Original evidence of acceptance by suppliers abroad to replace the defective goods free of charge.

N.B.—In cases where foreign exchange is required to cover further insurance and freight, the amount for which the Exchange Control Copy of the licence should be made valid should be clearly indicated in the application for replacement licence.

(3) If the supplier accepts to replace the goods free of charge on the condition that the damaged goods or goods found otherwise unfit for use, shall be returned to him, the applicant will be required to return such goods to the supplier abroad. Also, the Exchange Control Copy of the licence, if issued in such cases, will be valid for the remittance of foreign exchange required to cover further insurance and freight only in respect of goods to be imported against the licence.

Replacement of machinery items .

232. (1) In the case of machinery items, the defect in any part of the machine or its breakage cannot, in certain cases, be ascertained unless the machine or its part is installed (i.e., bolted to the ground) and put in operation. In such cases and also in cases involving replacement of goods, which are rendered defective after use during Ifae guarantee period, if the supplier agrees to replace the defective or broken machine or its part free of charge, the application for replacement licence may be considered on production of the following documents:—

(i) Original evidence of acceptance by the foreign supplier to replace the goods in question free of charge.

(ii) A certificate from a qualified engineer to the effect that the particular machine or part thereof is considered unfit for use in the aiain plant etc. for which it was intended.

(iii) Original evidence showing the date of previous importation ol machinery and the period of guarantee given by the foreian manufacturer/supplier.

(2) The Exchange Control Copy of the replacement licence, if issued, in terms of the provision of this paragraph will be valid for the remittance of foreign exchange required to cover further insurance and freight only,

(3) If the supplier accepts to replace the goods free of charge on the condition that the machine or its part, originally imported, shall be returned to him, the applicant will be required to return the machine or its part, originally imported, to the supplier abroad.

233. Applications for replacement licences or Customs Clearance Permits in cases which are not covered by the provisions of paragraphs 229 and 232 above, will be considered on analogous principles on merits by the licensing authorities concerned.

303/138 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. y

Procedure for submission of applications for replacement licences

234. (1) Application for replacement licence or Customs Clearance Permit should be made, complete in all respects, in tie form 'prescribed for the category of importer to which the applicant belongs, and should be £ent to the licensing authority who had issued the licence against which the goods were originally imported. The application should be accompanied b y :-

(i) treasury receipt showing the amount of application fee paid on the value applied for;

(ii) documentary evidence considered necessary or required in terms of provision of this book or the relevant Import Trade Control Policy Book or any Public Notice/Trade, Notice issued in this regard.

(2) The application for licence slwuld be made within a period of 30 days, after the short-shipment, short-landing, loss in transist or the defect'in the imported goods is noticed. In cases, where the importer has made a claim for the cost of such goods on the insurance company, he should make an application for replacement licence within a period of 30 days after the claim has been accepted or settled by the insurance company.

(3) Application received after the prescribed period of 30 days will be liable to be rejected. But in deserving cases, the licensing authority may consider such application if received within 90 days instead of 30 days.

(4) Application for replacement of machinery or any part thereof should be made within a period of 90 days from the date of arrival of the machinery in the applicants' factory or godown, except in cases covered by the guarantee given by the foreign supplier/manufacturer for icplace- ment of goods rendered defective after use.

Replacement licences not to issue in certain enses

235. (1) Normally nj replacement licences or Customs Clearance Permits will be issued in terms of these provisions in cases where, at the time of issue of the licence, the goods arc not licensable to the class of importer concerned according to the import policy in force. But in cases of genuine hardship, the licensing authority may issue the licence, if otherwise admissible, even in respect of goods which are not licensable to the class of importer concerned at the time of issue of the licence, provided the original import was made during the, same licensing period in which the replacement licence is issued or during the immediately preceding period.

Note No. 1.—The date of original import for the purpose of this para- graph will also be the same as indicated in paragraph 35 of this book.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/139

Note No. 2.—The restriction on the issue of replacement licences indicated in this paragraph will also apply to the requests for revalidation of licences being considered in terms of *para 229 of this book.

(2) Where an importer accepts the damaged or defective goods on an allowance allowed to him either by the supplier or by the insurance company, the importer will not be entitled to the grant of replacement licence in respect of the goods so accepted.

3°3/T4° T HE G A Z E T TE OF I N D :A EXTRAORDINARY [PART I-SEC. l]

CHAPTER XI

PERIOD OF VALIDITV AND REVALIDATION OF LICENCES

Period of validity

236. (1) The period of validity (i.e., tha period of shipment/despatch) of import licences in respect of various items or categories of importers will be 12 months, unless otherwise provided.

(2) In the case of consolidated licences for raw materials, components and spares issued to actual users, the validity period of the licence will also be 12 months unless otherwise provided.

(3) The licences granted under the import policy for registered ex- porters will normally be valid for a period of 12 months.

(4) The initial period of validity of C.G./H.E.P. licences other than those against "tied credits" or foreign aid will be two years.

(5) The initial period of validity of licences for Machine Tools covered by C.G. Scheme, will be the same as for C.G. licences.

(6) The initial period of validity of licences granted for the import of equipment for irrigation projects will be one year. Where documentary evidence is produced with the application for licence to show that firm order for the goods has been placed and accepted by the foreign suppliers, the licensing authority will issue such licences with a maximum validity period of three years.

(7) The period of validity of licences for the import of goods required to fulfil D.G.S. & D. and Railway contracts, will be in accordance with the recommendation of the D.G.S.&D./Railway Liaison Officer.

(8) The initial validity period of a Customs Clearance Permit will be four months,

(9) The initial validity period in respect of emergency licences for Import of spares, issued to actual users, will be six months.

(10) The initial validity period in respect of replacement licences/ CCPs. will be six months.

(11) The initial period of validity of import licences issued against various credits may vary according to the terms and conditions of the credit concerned.

Date of shipment/despatch

237. (1) Imports by sea.—In the case of shipments against import licences, made by sea, the date of shipment of goods will be determined by the date on the Bill of Lading which generally shows the date on which the goods have actually been loaded ion the ship.

JPART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/14I

NOTE.—A Bill of Lading is a document for the carriage of goods and it is, therefore, a contract starting from the time when the goods are received on board the ship. When the goods are actually placed on board the shipi the mate's receipt is issued which is a temporary receipt issued by an officer of the Vessel on behalf of the mate. Bills of Lading are prepared from the mate's receipt and the Bills of Lading may or may not show the exact date on which the goods have actually been placed on the ship, Sometimes the Bills of Lading bear two endorsements namely (i) Received for shipment and (ii) Shipment in good condition and order. The dates stamped against the aforesaid two endorsements, at times, differ. In such cases, the date shown against the endorsement No. (ii) above, i.e., shipped in good condition and order, appearing on the Bill of Lading, will be accepted as the date of ship- ment. However, it will not be binding on the Customs au- thorities that this date should necessarily be accepted as the date of shipment. Where the Customs authorities have any doubt, it will be open to them to find out the actual date of shipment by other means, i.e., from the report of Chief Officer of the ship and tally report of the ship etc.

(2) Imports by air.^—In the case of imports by air, the date of air consignment note will normally be taken as the date of despatch of the goods, provided this date represents the date on which goods are despatch- ed from the last airport hi the country.

NOTE.—In cases where a doubt is felt whether the goods have been placed on the aircraft on the date as given in the consignment note, it will be open to the Customs authorities to seek further information such as the actual date of departure of the plane, the time of stay at the foreign airpoi*, of loading etc., to deter- mine the actual date of despatch.

(3) Imports by post parcel.—In the case of post parcels, the date stamp of the office of despatch shown on the packets or despatch note is considered as the date of despatch of foreign parcels.

(4) Imports from land-locked countries.—In the case of imports from land-locked countries, such as Czechoslovakia and Switzerland which have no sea port of their own, the date of shipment will be the date of actual despatch of the goods by rail or road or any other recognised mode of transport from the country of origin of the goods to the consignee in India •an 'through consignment' basis.

NOTE NO. I:—A through Bill of Lading tallying in all material parti- culars and giving evidence of no undue delay by halts or of journey, will normally constitute sufficient proof of a 'through consignment'.

NOTE NO. II:—This concession will be applicable 'only in the case of imports from land-locked countries and not from countries which have sea ports of their own. However, it has been re- presented that even though East Germany has ports capable of taking ships with deep sea draught but for certain specific

3O3/I42 T HE GAZETTE OF INDIA EXTRAORDINARY [PART 1-SEC. 1J;

difficulties she is not in a position now to induce ocean goings freighters of other countries to call at her ports. Therefore,, the date of issue ef cross border certificate issued by the Ger- man Democratic Republic niay be taken as the 'Date of Shipment' in the case of imports from East Germany.

Validity of import licences to cover imports

238. (1) Validity is related to date of shipment/despatch.—The validity^ of an import licence is decided with reference to the date of actual ship- ment/despatch of the goods from the supplying country and not the date of arrival of the goods at an Indian port. If the goods are shipped or des- patched within the period of validity of the licence, they will be allowed to- be cleared even if they arrive at an Indian port after the expiry of the licence. On the other hand, if the goods are shipped or despatched before the date on which the licence is issued, the import will be treated as un- authorised even though the importer holds a licence on the date of arrival' of goods, at an Indian port. Similarly the goods shipped or despatched1.: after the expiry of the period of validity of the licence will also be un- authorised. Importers should, therefore, see and satisfy themselves that: they hold a valid licence on the date on which the goods sought to be im- ported are shipped/despatched by the suppliers.

(2) Where the date of expiry of an import licence falls before the last date of a month, the licence will automatically be valid to cover shipments made upto the end of that month. Also, hi calculating the period of validity of a licence the date of issue of the licence is excluded. For instance, if a licence is issued on 10th November 1967 and is valid for 12 months, it will normally expire on 10th November, 1968, but in accordance with the provisions of this paragraph, such licence will be treated as valid upto 30th November, 1968.

(3) In cases where the goods are shipped or despatched before the date of issue of the licence or after its expiry, the imports will be treated as unauthorised by the Customs authorities and the Import Trade Control authorities will not entertain any representation in this regard.

Grace period

239. (1) In order to facilitate shipments in cases where the goods are ready for despatch in time but delay occurs because of a change in the shipping schedule or for reasons beyond the control of the importers, a grace period not exceeding 30 days is allowed after the date on which the licence expires. In the case illustrated in sub-para 238 (2) above, the period of grace will commence from 1st December, 1968, and the licence will be completely 'dead' on 30th December, 1968.

(2) The grace period of 30 days will also be available in the case of Customs Clearance Permits.

(3) The importers can also avail of the grace period of 30 days in the

case of revalidated licences.

(4) The grace period cannot be claimed as a matter of right and no letter of credit should be opened or order placed against the licence during the period of grace.

[PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/143

(5) On certain occasions such as dockyard strike in the country of shipment when the importers face genuine difficulties and the goods cannot be shipped in time, the licensing authority may, by a general authorisation, extend the period of validity of any licence on an ad-hoc basis for a- specified period. Such extension, where granted, will be in the nature of enhanced grace period and the importers will not be entitled to open any letter of credit or place orders for the supply of goods during such ex- tensions.

Invalidation of licences

240. (1) Application for invalidation.—A form of application for rej- validation of licences has been introduced. The prescribed form appears in > Appendix (3) to this book. All requests for revalidation of licences whether from actual users, established importers or others should be made in the prescribed form. While applying for revalidation, the applicants should specifically indicate the amount for which firm and irrevocable commitment has been made and the amount which has been utilised during the initial period of validity including period of revalidation already availed of, if any, in the appropriate columns of the prescribed application form.

(2) Actual users.—Requests for revalidation of actual user licences will be considered on merits by a licensing authority where such authority is satisfied that the request for revalidation is based on genuine difficulty and the refusal to grant extension will cause hardship or loss to the licence holder. In deserving cases, licences may be extended by a period not exceeding six months, provided such revalidation is otherwise allowed in terms of the relevant import policy.

Note: Actual user licences for raw materials, components and spares will not be revalidated beyond 6 months and such requests will be sum- marily rejected.

(3) Established importers.—Requests for revalidation of established1' importer licences will be considered by a licensing authority on merits where such authority is satisfied that the licence holder had taken all possible measures to effect shipment/despatch within the validity period of the licence in question but shipment/despatch could not be effected for reasons beyond his control. In deserving cases, licences may be extended by 1 period not exceeding three months.

(4) C.G./H.E.P.—In the case of C.G./H.E.P, licences other than* those against tied credits, the licensing authority will grant an extension of one year, upon request, provided such authority is satisfied that a firm order has been placed and accepted by the foreign supplier during the initial period of validity of the licence but shipment could not be effected within that period. Normally extension beyond the overall validity period of 3 years is not granted but, in cases of special difficulty, the requests for revalidntion beyond this period may also be considered in consultation with the sponsoring mrttr.ority concerned.

(5) Registered exporters.—In the case of licences, granted under the- import policy for registered exporters, the period of validity may be ex- tended, for good reasons, for a period not exceeding six months, as in the case ol actual users. Requests for revalidation beyond 6 months will bffi- summarily rejected.

3O3/T44 T I 1E G A Z E T T£ OF J^'UIA EXTRAORDINARY [PART I-SEC. 1]

(6) Irrigation projects.—The licences for the import o£ equipment for irrigation projects will be extended to a maximum period of three years on production of documentary evidence to show that firm order has been placed and accepted by the foreign supplier provided the licence in ques- tion was initially issued with a validity period of one year. Where the licence has already been issued with a maximum validity period of 3 yerrs as provided in sub-para 236 (6) of this chapter, normally further extension will not be granted.

(7) D.G.S.&D./Railway contracts.—Licences issued against the D.G.S.&D./Railway contracts will be revalidated on the recommendation of the D.G.S. & D. or the Railway Liaison Officer, as the case may be.

(8) Technical Institutions,—The period of validity in respect of licences granted to universities, educational institutions, research organisations, technical/technological institutions and hospitals, may be extended, upon request, depending upon the merits of each case.

(9) C.C.P.—A Customs Clearance Permit may be revalidated upto a period of two months. Requests for invalidation beyond two months but upto five months, viz., for an overall period of 9 months including the period of revalidation, may also be considered on merits in cases of real hardship.

(10) Emergency licences for spares.—The period of validity in respect of emergency licences for spares, issued to actual users, will not be ex- tended.

(11) In cases not covered by sub-paras 1 to 9 above, no revalidation of licences will ordinarily be allowed. But in case of genuine difficulty the licensing authority may grant extension for a short period on merits.

(12) Revalidation of an import licence allowed by a licensing au- thority may be subject to such conditions or restrictions as such authority may impose.

Licensing authorities to whom applications for revalidation should be made

241. (1) Subject to the additional facility as provided in sub-para- graphs (2) and (3) below, the request for revalidation of a licence should be made to the licensing authority who issued the licence.

(2) The requests for revalidation of actual user licences, established importer licences and licences granted under the import policy for re- gistered exporters, issued by any licensing authority, will be entertained by all the regional licensing authorities.

(3) In the case of C.G./H.E.P. licences, other than those issued against tied credits, the requests for revalidation upto one year will also be enter- tained by all the regional licensing authorities. Requests for revalidation beyond this period should be made to the licensing authority who issued the licence.

(4) Requests for revalidation of import licences issued against credits will be considered by the licensing authority who issued the licence.

[PART I-SF,C. ]] THE GAZETTE OF INDIA EXTRAORDINARY 303/145

242. (1) Applications for rcvalldation to be made in time.—The re- quests for revalidatiion of licences should be made within the validity 'period of the licence. However, in cases of specific hardship, the licensing au- thority may condone the delay in the submission of the application for re- validation where such authority is satisfied that the delay in making the application for revalidatiion was due to circumstances beyond the control of the licensee.

(2) Date from which revalidation will take effect.—(a) Revalidation, where allowed, will be from the date of expiry of the licence when such licence is presented for revalidation before its expiry.

(b) In cases where the licence is presented for revalidation after the expiry date, the revalidation,-where allowed, will be from the date on which the application for revalidation is made, and the licensing authority will make a specific endorsement on the licence to this effect.

(c) Notwithstanding the provisions iof sub-clause (b) above, a licensing authority may in cases of special difficulty, allow revalidation from the date of expiry of the licence, even if the licence in question is presented for revalidation after its expiry.

3 0 3 / 1 46

T I IE G A Z E T TE OF I N D IA E X T R A O R D I N A RY

[ P A KT I - S E C. 1 J •!

CHAPTER XII

APPEALS

243. When a person is not satisfied with the, decision of a licensing:

authority, he may make an appeal against the said decision in accordance with the provisions hereinafter stated.

244. First Appeal.—(1) In respect of an application for import licence, an appeal, in the first instance, will lie with the head of the office in which the application was dealt with. However, in the case of an application dealt with in the licensing division at the headquarters office of the Chief Controller of Imports and Exports, New Delhi, the first appeal will he with the Joint Chief Controller of Imports and Exports (Headquarters Licensing Division) in the office of the Chief Controller of Im'ports and Exports, New Delhi. The first appeals in regard to the applications dealt with in the Import Trade Control Offices at (i) Visakhapatnam, Pondicherry and Bangalore, (ii) Rajkot and New Kandla, (iii) Amritsar and Srinagar and (iv) Shillong, will lie with the Joint Chief Controller of Imports and Exports at Madras, Bombay, New Delhi (CLA) and Calcutta respectively.

(2) The first appeal against the decision of a licensing authority in res- pect of an application made under the policy for registered exporters, will he with the head of the office in which the application was dealt with.

(3) In the case of an application for recognition of new established importers and transfer oi: quotas, the first appeal will lie with the head of the office, in which the application was dealt with.

(4) The first appeal under this paragraph should be made so as to reach the authority concerned within 45 days frtom the date of the order ap- pealed against. No fees shall be charged on a first appeal.

245. Second Appeal.—(1) If the appellant is not satisfied with the decision of the appellate authority as indicated in paragraph 244 above, he may make a second appeal to the Chief Controller of Imports and Exports, New Delhi (Appeals Wing).

(2) The second appeal under this provision should be made so as to reach the Chief Controller of Imports and Exports, New Delhi (Appeals Wing) within a period of 45 days from the 'date of the order appealed against.

(3) The second appeal should be accompanied by a treasury receipt oj Rs. 5 towards payment of appeal fee deposited in cash at any Government Treasury or the office of the State Bank of India or the Reserve Bank of India for credit to the Central Government under the head "Import Licence Application Fees" subordinate to the major head "XXXII Miscellaneous, Social and Developmental Organisations".

246. Opportunity ol hearing to the appellants.—(I) If an appellant desires to be heard in person in connection with his appeal, he should say so specifically in his appeal. In such cases, an opportunity of hearing will

[PART I-SEC. 1] THE GAZE'IIE Ol' TND1A EXTRAORDINARY 303/147

be afforded to the appellant. If the appellant does not avail of the oppor- tunity given to him, the appeal will be decided on the basis of the material available.

(2) Every effort will be made to dispose, of an appeal within 45 days of its receipt. If an appellant docs not receive a reply to his 'first' or 'second' appeal within this time-limit, he should bring the matter to the notice of the Public Relations Officer in the import trade control office con- cerned, or book an interview with the officer concerned through the enquiry officer, in order to know the reasons for the delay in the disposal of his appeal.

247. Documents to be submitted along with appeal.—(1) The 'first' .appeal should be accompanied by a copy of the decision against which the appeai is made, and a proforma giving the following particulars:—

(a) Name and address of the applicant. (b) Licensing period in respect of which the appeal is made. (c) Licensing authority against whose, decision appeal is made. (d) Brief description of goods. (e) Serial No. and Part of the I.T.C. Schedule in respect of the goods in question.

(f) A copy of the decision against which the appeal is made. (g) A brief statement indicating the reasons for which the applica- tion/first appeal has been rejected.

(h) A brief statement of the grounds of appeal.

(2) The 'second' appeal should be accompanied by the following -documents:—

(i) A copy of the decision against which the appeal is made,

(ii) A copy of the original application.

(iii) The original documents forwarded with the original applica- tion, if the appeal is based on a point of fact. In case the said documents have been retained by the liconsing authority, copies thereof, duly authenticated, should be produced.

(iv) Any other documents relied upon in support of the contentions raised in the appeal.

(v) A proforma giving the particulars as referred to in sub-para (1) of this paragraph.

248. An appeal made under these 'provisions will be liable to be sum- marily rejected if it is not received by the appellate authority concerned within the prescribed period.

249. A copy of the first appeal made to the Joint Chief Controllers of fmports and Exports at Madras/Bombay/New Delhi (CLA) /Calcutta, as the case may be against the decisions of the Tmport Trade Control Officers at Visakhapatnam, Pondicherry, Bangalore, Rajkot, New Kandla, Amritsar, Srinagar and Shillong should be endorsed to the authority concerned against

303/148 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC, 1]

whoso decision the appeal is made. Similarly a copy of the second appeal addressed to the Chief Controller of Imports and Exports (Appeals Wing), New Delhi, should be endorsed to the authority against whose decision the appeal is made.

250. An application for review of the decision on a second appeal witt also be entertained by the Chief Controller of Imports and Exports, New Delhi. Such application should b" made within 45 days of the date of the communichtion containing the decision sought to be reviewed., After an* application for review has been disposed of, no further request for review will be entertained and no reply will be sent to any such communication.

JPART I-SF.C. 11 THE GAZETTE OE INDIA EXTRAORDINARY 303/149.'

CHAPTER XIII

LETTER OF AUTHORITY

251. Under the Imports (Control) Order, 1955, dated 7-12-1955, no- import licence can be transferred or acquired except under and in accordance with the written permission of the licensing authority or any other officer authorised in this behalf. Therefore, in cases where no such permission is granted, only the licensee is authorised to operate ;jpon the licence issued to him, i.e. to place an order on the foreign sup- plier, to open a letter of credit, to make remittances of foreign exchange against the exchange control copy of the licence and to perform all other functions for the utilisation of the licence.

252. With a view to falling in line with the ordinary trade practice and, at the same tune, in ordejr to exercise a proper check over the transfer of import licences, the licensing authority may authorise any person or con- cern to operate upon a licence on behalf of the licensee in accordance with the provisions stated below.

253. A licensee who desires another party to indent the goods from- abroad or open a letter of credit or make remittances or to import the goods on his behalf against any particular licence issued to him, should' apply for a letter of authority in favour of such party in respect of that Licence. Such application should 'be made to the licensing authority who- issued the licence.. However, in the case of licences other than those issued under foreign credits/loans, the application for the grant of letter of authority can be made to any regional licensing authority also. In respect of licences issued for import from rupee payment area also, the request for the issue of letters of authority will be entertained by any regional licensing authority. A specimen form of letter of authority is given in Appendix 25.

254. It may be clarified that a letter of authority issued in respect of a licence granted on annual basis will enable the holder of the letter of authority to operate upon both the halves of the value of the licence in terms of the policy in force and the conditions applicable to the licence, and it will not be necessary for the licensee to obtain a separate letter of authority in favour of the same person for the second half of the value of the annual licence.

255. A letter of authority cannot be claimed as a matter of right. It will be granted only in respect of those licences where the licensing- authority is satisfied that, for genuine and bona fide reasons, the licensee is not himself in a position to operate on the licence. The licensing authority may also refuse to grant a letter of authority in favour of a> person (or concern) who is, for the time* being, subject to any actions under Clauses 8 or 8A of the Imports (Control) Order or the Exports1 (Control) Order.

303/150 T I IE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

255-A. (1) Declaration to be furnished by the applicant.—The applica- tion for a letter of authority should be accompanied by a declaration from the licensee stating that he has neither applied for nor obtained letter of autho- rity in respect of the same licence from any other licensing authority. In cases where an application for a letter of authority has already been made or a letter of authority has already been obtained from any licensing autho- rity in respect of a part-value of the licence, it should be clearly stated in the declaration that the letter of authority already applied for or obtained .does not cover the value for which a letter of authority is now desired. The reason for which the licensee cannot import the goods direct should -.also be explained in the declaration.

(2) The licensing authority may call for any other document/infonna- ition for considering the request for the grant of a letter of authority.

256. Functions of the holder of letter of authority.—(1) A person or •concern in whose favour a letter of authority is issued by a licensing authority in respect of an import licence, will act as the licensee's agent so far as the ^particular import licence is concerned.

(2) The functions of the holder of a letter of authority will be limited, 'namely, to operate upon the licence in question, i.e. to place an order, to .open a letter of credit, to make remittances, to import the goods and clear ihe same through the customs, on behalf of the licensee. The letter of authority holder can also apply, on behalf of the licensee, for revalidation •of the licence, but he cannot make an application for any amendment in rthe licence or for the grant ofa duplicate copy of the licence.

257. Conditions of letter of authority.—A letter of authority issued •Hinder these provisions shall be deemed to have been issued subject to the following conditions:—

(i) the person or concern in whose favour the letter of authority is issued will act only as an agent of the licensee and the goods imported shall be the property of the licensee both at tho time of clearance through the customs and subsequent thereto. The licensee will have to ensure that the goods, on importation, will be delivered to him and shall not be disposed of otherwise. The licensee shall not cause or permit the holder of letter of authority to dispose of the goods.

(ii) the holder of the letter of authority shall clearly indicate on all the relevant customs documents including the triplicate copy of the customs Bill of Entry that the goods have been 'imported by him on behalf of the licensee. This endorsement will be duly attested by the customs authorities.

fiii) the holder tff the letter of authority shall not, under any circumstances, be entitled to any quota licence or quota certificate on the basis of such imports.

£PART I-SEC. 1] THE GAZETTE Ol INDIA EXTRAORDINARY 303/151

258. Licences issued to agencies owned or controlled by Government.— The Imports (Control) Order, 1955, has been amended to the effect that the conditions under items (i) and (ii) of sub-clause (3) of clause 5 of the said order shall not apply to the licences issued to the State Trading Corporation of India, the Minerals and Metals Trading Corpora- tion of India and other similar institutions or agencies owned or con- trolled by the Government. It may, however, be clarified that even in respect of licences issued to such agencies, a letter of authority from the licensing authority will be necessary if the licence is to be operated upon by a person other than the licensee, but such letter of authority will be subject to nuch terms and conditions as may be settled between the licensee and the party concerned.

49 G. of 1. Ex.—12

303/152 1 F IK GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1];

CHAPTER XIV

EXEMPTIONS FROM I.T.C. RESTRICTIONS

259. No licence is required for the import of goods mentioned under the 'Savings' in Clause 11 of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended.

260. In terms of saving (i) of sub-clause (1) of the aforesaid clause 11 of the Imports (Control) Order, 1955, executive instructions have been issued to the Customs authorities to exempt the import of goods from the Import Trade Control restrictions in the following types of cases :—

Bonding of exposed cinematographic films

(a) Exposed films imported and allowed to be bonded for preview or censorship or re-export under the C.B.R. letter No. 16(13)/58-Cus V, dated the 11th September, 1958, may be exempt from I.T.C. restrictions.

Import of emerald and other precious stones on approval basis—

examination of contents before clearance

(b) (J) The emeralds and other precious stones imported by sea or air (otherwise than by post) and bonded on arrival for the purpose of inspection may be exempted from I. T. C. restrictions. Such quantities of goods as are approved after inspection may be allowed to be cleared a gainst valid licences.

(2) This facility is not available in the case of imports of emeralds and precious stories by post parcel. Under the Universal Postal Con- vention, a parcel cannot be split up into two i.e., one part to be retain- ed and the other part to be returned to the sender. The contents of the post parcels can therefore cither be accepted or rejected in toto. How- ever, the importer or his agent will be given facilities to inspect the contents of such post parcels under customs supervision, if the addressee so desires. The inspection will be allowed at the time and date specified by the Customd authorities. If the importer does not turn up for inspection at the appointed time and date, the parcel will be returned to the sender. If the importer accepts the parcel, he can secure its clearance against a valid licence and the value of the parcel as a whole will be debited to the licence, and the debit once raised against the licence will not be revoked.

Transfer of ship stores in cases where the vessels engaged on foreign trade are transferred to coastal trade

(c) In cases where the vessels engaged on foreign trade are transferred to coastal trade, the consumable stores on board the ship are allowed to be transferred with the vessel on payment of Customs duty. Such transfer of stores will be exempt from I.T.C. restrictions.

/PART I-Stc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/153

Import of advertisement blocks

(d) Certain foreign concern buy advertisement space in the Indian press and for lhat purpose, send blocks to India. These blocks are intended to be destroyed after the relevant number of insertions have appeared. It has been represented that newspaper establishments are experiencing difficulty in cleaning these advertisement blocks. As these blocks are imported free of charge and the related advertisements bring in foreign exchange, the eonsignuLiit containing advertisement blocks supplied lYee oi charge, will be allowed to be cleared without import licences provided (he value of the consignment docs not exceed Rs. 800.

Import of goods by post for personal ,use by individuals or for use by any

institution or hospital—Extension of the concession to air freight parcels

(e) Under sub-paragraph (gg) of sub-clause (1) of Clause 11 of the imports (Control) Order, 1955, import of goods by post for personal use of an individual or for use by an institution or hospital, is allowed without I.T.C, restrictions subjee! to certain limitations/conditions. This provision has also been extended to air freight parcels for the import of f.uch goods by an individual for his personal use or by any institution or hospital for its own use, subject to the same limitations/conditions. It may be clarified Ihat the value limits given in the said sub-paragraph (gg) of the Imports (Control) Order are in e.i.f. terms and will, therefore, be inclusive of freight in the case of air parcels also.

Import of goods by post or air freight for professional

use by the Individual

(fj The provisions mentioned in sub-para (e) above will also apply to the import of such goods by post or by air freight parcels for professional use by an individual. It should be ensured that the goods so imported are for the use of the importer in his professional capacity only and not for commercial purposes.

Import of certain good*; by post or air freight for use by institutions

and not for re-sale

(g) (1) The provipi:nv mentioned in sub-pnra (e) above also apply to the ;mport of such goods by post or by air freight parcels, for uso by institutions and not for resale, for example goods meant f<~r rituals sent to Mivwnfury Societies, records coining to the All India R:r'io. scientific instruments coming to educational institutions and c-'hers where the principle of personal use would apply except that the user is not an individual but an institution.

(2) This concession does not apply to factories but where a factory has to import raw materials or spare parts by air urgently without waiting to obtain an import licence with a view to avoid any breakdown and where the facts are clear, such cases will be dealt with leniently by Collectors of Customs in their discretion.

303/154 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-JEC. 1]

Facilities for importation of commercial samples and advertising material

(h) The Government of India have acceded to the International Convention to facilitate the importation of commercial samples and advertising materials, which has been incorporated as item 44(5)(a) of the Indian Customs Tariff. Under this item, samples of goods which are exempt from import duties under and in accordance with the said Interna- tional Convention drawn up at Geneva on the 7th November, 1952 are allowed clearance free of duty and without Import Trade Control restric- tions. Full details can, however, be ascertained from the Collectors of Customs in India.

Gifts of food-stuffs, medicines and clothes

(i) Food parcels sent to India- from abroad as gifts may be allowed clearance without I.T.C. restrictions.

(j) The articles such as food-stuffs, medicines, clothing and blankets

imported into India by any charitable organisation or any individual as free gifts from any philanthropic organisation or individual abroad for free distribution to the poor and the needy without any distinction of caste, creed or race, may be exempt from the I.T.C. restrictions, provided such imports are exempt from Customs duties leviable thereon, in terms of the Government of India Notification No. 84-Custonis, dated the 13th August 1960, as in force-. The intending importer should approach the Collector of Customs of the port of import for the grant of duty concession before importing the goods.

(k) Food-stuffs and provisions (excluding fruit prjducts, alcohol and tobacco) imported by a person residing in India, but not being a citizen of India, will be exempt from I.T.C. restrictions provided (i) these are exempt from customs duty leviable thereon in terms of the Government of India Notification No. 135-Customs dated the 20th June 1966 as in force and (ii) the c.i.f. value of foodstuffs and provisions, so imported, by a person does not exceed, in a year, Rs. 800/- in the case of a person having no dependent relative living with him, and Rs. 1600/- in the case of a person having dependent relative living with him.

Gifts to Indian Red Cross

(1) Goods received by Indian Red Cross Society as free gifts' from abroad will be exempt from I.T.C. restrictions provided such goods are exempt from Customs duty.

Imports for International Cbildrens' Competition

(tri) The Children's Book Trust, New Delhi-], has been conducting children's competition in paintings and writing (in English only), known as 'Shankar's International Children's Competition'. The competition is held every year. The entries for the competition, i.e. children's paintings, are received from foreign participant children. These paintings have no commercial value. It has been decided that import of children s paintings addressed to the Children's Book Trust, Nehru House, 4 Bahadur Shah Zafar Marg, New Delhi-1, may be allowed clearance without customs clearance permits.

Imports under O.G.L. IV

261 (1) Under Open General Licence No. IV (Reproduced in Appendix 24) as amended, bona fide technical and trade samples or advertising matter excepting vegetable seeds falling under Serial No. 3b of Part IV of the I T.C. Schedule and New Drugs can be imported without

[PART I-SEC. lj THE GAZETTE OF INDIA EXTRAORDINARY 303/155

an import licence provided (a) they are supplied free of charge, (b) their c.i.f. value in one consignment does not exceed Rs. 800 in the case ot. technical and trade samples and Rs. 400 in the case of advertising matter, and (c) the samples or advertising materials thus imported shall not be sold by the importer. Under this concession, the Customs authorities may ailow clearance under Open General Licence No. IV of the permissible samples and advertising matter even if the importer concerned may have to pay for freight and insurance charges provided the overall value of the samples or the advertising matter including freight and insurance charges does not exceed the limits indicated above in one consignment. In suck an event, the Collector of Customs will suitably endorse the relative bill of entry to enable the importer to secure remittance facilities from the Reserve Bank of India in respect of the freight and insurance charges. It has been represented that, in certain cases, import of bona fide technical and trade samples has to be effected by air freight parcels to meet urgent requirements wheieby the c.i.f. value of the consignment exceeds the prescribed limit of Rs. 800/-. It has been decided that in respect of such supplies of bona fide technical and trade samples made free of charge, if the foreign supplier also bears the expenses relating to insurance and air freight, the customs authorities may allow clearance, provided the import is otherwise covered by O.G.L. IV. The imported bona fide technical and trade Samples in such cases will not be held up on the ground that the total value thereof has exceeded the specified limit of Rs. 800/- on account of the extra freight paid on importing by air.

(2) A question has been raised whether several consignments of bona fide technical and trade samples or advertising matter for value not exceeding Rs. 800 in tho case of technical and trade samples and Rs. 400 in the case of advertising matter in each consignment sent by the same supplier to the same consignee and received by the same mail should be treated as one consignment or different consignments for purposes of clearance under O.G.L. IV. It has been decided that the import of several consignments in the manner indicated above (although each consignment does not exceed the specified value limits) will tantamount to circumvention of ceiling placed for imports of bona fide trade and technical samples or advertising matter in one consignment and will not, therefore, qualify for the concession given in the O.G.L.

(3) Though the above O.G.L. does not specify any 'particular types >of importers who are eligible to import the samples, it is clarified that only such importers as are connected with the production or commercial sale or distribution of goods are expected to be supplied with free samples/ advertising materials by the foreign suppliers. It has, therefore, been decided that importers who are not connected with the production or commercial sale or distribution will not be allowed the above concession. However, the Export Promotion Councils may also be allowed the con- cession regarding the import of technical and trade samples under O.G.L. IV by the Customs authorities.

(4) O.G.L. IV also permits (a) the import of free gifts of books of certain types up to the value of Rs. 400 in favour of industrial concerns and (b) free sifts of trade catalogues and circulars up to the value of Rs 400 The import policy does not permit the import of books of undesirable type. Therefore, the customs authorities will not allow

303/156 T HE GAZETTE OF INDIA EXTRAORDINARY [PAHT 1~SEC- '!

import of undesirable types of books under O.G.L. IV or under Sub-para- graph 11(1) (gg) of Imports (Control) Order 1955. The importers should consult the relevant import policy for this purpose.

(5) O.G.L. IV permits import of blue-prints and drawings (including micro films wb.ich are photographic reductions thereof) relating to machi- nery and plant sites, works and buildings, supplied free of charge and having no commercial value. It has been represented that in certain cases where exporters undertake large scale contracts and projects abroad, they have to import 'Drawings' against tenders, for which payment to foreign suppliers is also involved. It has been decided that the Customs authorities may, in. their discretion, allow clearance in such cases even if payment to foreign suppliers is involved, provided the c.i.f. vlaue of the goods imported does not exceed Rs. 1000/- and the import is otherwise covered by O.G.L. IV.

262. Import of labels, price tickets and like articles for export pro- ducts.—(1) It has been represented that exporters are finding it difficult to clear packages of labels, price tickets and like articles which are supplied to them by foreign buyers to be attached to the goods which are exported against specific orders placed by them. The Collectors of Customs may, therefore, in their discretion, allow clearance of labels, price tickets and like articles without I.T.C. restrictions provided they are satisfied that these articles are required for bona fide use in connection with export orders and the value of articles imported at one time is less than Rs. 80.

(2) Where the value of the articles so imported is Rs. 80 or more, but not exceeding Rs. 800 and the Export Promotion Council concerned or the sponsoring authority with whom the importer has been registered as an exporter under the import policy for registered exporters, certify the requirement of the importer based on the orders received by him from abroad, the Collector of Customs may, on the basis of such certification, allow the imports in bona fide cases.

(3) Where the value of articles so imported is more than Rs. 800 the importer concerned should approach the licensing authority at the port and the grant of customs clearance permit in such cases will be considered by the licensing authority on merits in bona fide cases, after taking suitable bond from the importei that the goods covered by the Customs clearance permit will be utilised for export orders to be executed and the goods exported within a period of six months.

Imports by United Nations Organisations

263. Under saving (m) of sub-clause (1) of Clause 11 of the Imports (Control) Order 1955, the imports of goods by officials of the United Nations Organisation and its specialised agencies who are exempt from payment of Customs duty under the United Nations (Privileges and Im- munities) Act, 1947 will also be exempt from the Import Trade. Control restrictions. This concession has been extended to the import of publica- tions of the United Nations Organisation or its specialised agencies by •heir aeents and such imports by the agents concerned would also be exempt from the I.T.C. restrictions provided the imports are exempt from the Customs duty under the United Nations (Privileges and Immunities) Act, 1947 and the publications so imported are the property of U.N.O. or Us specialised agency, as the case may be, at the time of importation.

TART I-SEC. 1] THE GAZETTE OF INDIA EXTRAOROINARY 3o3/lS7

Re-import of goods for removal of detects and subsequent re-export 264. The goods of Indian manufacture exported and received back by the manufacturer from consignee for repair and re-export .are exempt from Import Trade Control restrictions—vide saving (1) in sub-clause ( I) of Clause II of the Imports (Control) Order, 1955. It will be observed from the saving (1) that the re-import of the goods will be permitted 'provided that (i) the Customs are satisfied with the bona fides of the case and (ii) in the case of goods other than those exempt from customs duty on re-importation under Customs Notification No. 132, dated the 9th December 1961, a bond is executed by the importer with the Import Trade Control authority at the port concerned to the effect that ihe goods thus imported will be re-exported after repair within six months. .In such cases where the customs authorities are satisfied with the bona fides of uie case, they will refer the importer to the port licensing authority concerned for executing the necessary bond and release the goods after fhe bona is executed with the Import Trade Control authority. The Import Trade Control licensing authority will take a bond from the Importer on stamp paper equal to the value of the goods and take further steps to ensure the compliance of the conditions of the bond. The bonds should be guaranteed by a Bank Surety.

Passenger's baggage

265. (1) Under sub-paragraph of siic-clausc (1) (g) of Clause 11 of the Imports (Control) Order, 1955, goods imported by a person as passenger's baggage are exempt from the necessity of an import licence subject to certain limitations/conditions, to the extent admissble under the Baggage Rules issued by the Central Board of Excise and Customs from time to time. It should, however, be noted that only such articles as are considered bona fide baggage under the Baggage Rules in force will be allowed to be imported without a licence under this provision. The Baggage Rules announced in the Central Board of Excise and Customs Notification No. 122, dated the 19th November, I960 as amended by Notification No. 21, d'jted the 2nd February, 1963, and Notifications dated 23rd June, 1965, 9th Tune, 1966, 27th July, 1966 and 27th May, 1967, are reproduced in Appendix 26 to this book. Tn this connection, certain other rules in force at present have also been included in the said Appendix.

(2) Applications for impon of built-up cars, station wagons, jeeps, motor cycles, scooters, auto cycles, mini cars, and mopeds, are consideied by the Cheif Controller of Imports and Exports, New Delhi (Head- quarters Licensing Division). The 'procedure of submission of such appli- cations is given in Appendix 27.

National Defence Donations

266. By Customs Notifications Nos. 168-Customs, 169-Customs and 170-Customs all dated the 8th November, 1962, all articles donated to the National Defence Fund or to the Government of India for use of the Defence Personnel and wool, woollen fabrics and woollen apparel donated to the Indian Red ,Cross have been exempt from the payment of customs duty. It has been decided that articles which are exempt from the payment of customs duty in terras of the aforesaid Notifications will also be exempt from import trade control restriction.

503/158 T l IE GAZETTE OF INDIA EXTRAORDINARY. [PART X-SEC, 1),

CHAPTER XV BREACHES OF IMPORT TRADE CONTROL REGULATIONS

267. It is provided in Section 5 of the Imports and Exports (Control) Act, 1947, that, if any person contravenes or attempts to contravene or abets a contravention of any Older made or deemed to have been made under the said Act or any condition of a licence granted under any such Order, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act 1962, be punish- able with imprisonment for a term which may extend to two years and also with fine, and, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such punishment shall not be for less than six months.

268. In terms of the provisions contained in clauses 8 and 8A of the Imports (Control) Order, 1955, dated 7-12-1955, the Central Government and the CC.I. & E. (which includes a J.C.C.I. & E. and a D.C.C.L & E.) are empowered to debar a licensee or importer or any other person from obtaining licences for a specified period and to suspend the issue of licences to a licensee or importer or any other person pending investigation into an allegation. Importers and others concerned should carefully read the Imports and Exports (Control) Act, 1947, and the Orders issued there- under.

269. The following types of offences will inter alia, constitute breaches of import trade control regulations:—

(i) Applying for an import licence on the basis of false or fabri- cated or tampered with or forged essentiality certificate or re- commendation of the State Director of Industries or the Direc- torate General of Technical Development or any other certifying or sponsoring authority, or obtaining such certificate or re- commendation by misrepresentation or fraud.

(11) Applying for an import licence on the basis of false or fabri- cated or tampered with or forged quota certificate or obtaining such quota certificate by misrepresentation or fraud or on the, basis of documents which are false or fabricated or forged or tampered with,

(lil) Applying for an import licence by concealing the change, if any, in the ownership, constitution or name of the business.

(iv) Applying for an import licence on the basis of Bill of Entry or any other document(s) which pertain to unauthorised im- ports and where the fact of unauthorization has been concealed or withheld.

(v) Applying for an import licence on the basis of a certificate of an auditor or a chartered accountant or any other document which is false or fabricated or forged or tampered with or which has been obtained by misrepresentation and improper means.

[PAXT I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3O3/l5S

(vi) Applying for an import licence on the basis of false or fabricated or tampered with or forged order purported to have been placed by a Government Department for the supply of goods sought to be imported.

(vii) Applying for an import licence on the basis of a wrong or invalid income-tax verification registration/exemption number or obtaining such number on the basis of false or fabricated or tampered with or forged income-tax clearance certificate or if such certificate has been obtained from the income-tax autho- rities by misrepresentation and improper means.

(.viii) Applying for an import licence on the basis of past imports which do not qualify for establishment/refixation of quota in terms of the policy in force.

(ix) Applying for more than one import licence for the import of the same goods during the same licensing period on the basis of past imports made during different financial years.

(x) Applying for licences separately in the names of different branches of the same concern for the same goods on the basis of imports falling in different basic years.

(xi) Applying for more than one import licence for the import of the same goods during the same licensing period on the basis of different documents pertaining to past imports made during the same financial year.

(xii) Applying for an import licence in more, than one capacity i.e., as an established importer and actual user where the applicant is not entitled to a licence in both the capacities in terms of the provisions of this book or the policy in force,

(xiii) Applying for an import licence on the basis of any statement which is false, fraudulent or misleading.

(xiv) Tampering with an import licence.

(xv) Soliciting of licences by offering inducement to the holder of licence or otherwise.

(xvi) Smuggling of goods or importing goods without the cover of a valid licence or tampering with a licence or making inter- polations hi the licence or in the list of goods attached to the licence by removing the original entries or otherwise.

(xvil) Applying for duplicate copy of a licence or quota certificate- by misrepresentation of facts.

(xviii) Obtaining clearance of goods from the Customs by producing false or fabricated or tampered with or forged recommendation purported to have been issued by the I.T.C. authority or ob- taining such recommendation by misrepresentation.

(xix) Any corrupt or fraudulent practice in commercial dealings or in obtaining any licence on the part of the applicant for licence or any of his agents or employees.

3O3/l63 THE GAZETTE OF INDJA EXTRAORDINARY [PART I-SEC. 1J

(xx) Contravention of the conditions embodied in a licence or accom- panying a licence or an application for a licence.

(xxi) Selling of goods imported against actual user licences in contra- vention of the condition of the licences.

(xxii) Mis-using the goods received by way of allotments through the State Trading Corporation of India, Minerals and Metals Trading Corporation of India or any other recognised agency.

(xxiii) Trafficking in licences i.e. illegal transfer or acquisition of im- port licences.

(xxiv) Sale of goods by a licensee, prior to their clearance through tht- Customs or purchase of any such goods.

(xxv) Misdeclaration of value, sort, quality or quantity in respect of any goods on their importation.

(xxvi) Contravention of any law, rules or regulations relating to Customs or the import and export of goods 'or of any law relating to foreign exchange.

(xxvii) Refusal to produce any documents or books of account required by a licensing authority.

(xxviii) Withholding the delivery of goods to the licensee, imported by any person on a letter of "authority issued by the licensing authority.

(xxix) Failure to comply with the conditions subject to which a letter of authority is issued.

(xxx) Applying for an import licence in the name of a fictitious concern.

(xxxi) Applying for an import licence under the import policy for re- gistered exporters on the basis of the exports which are over- invoiced in relation to the value having the meaning as denned in sub-section (1) of Section 14 of the Customs Act 1962, or non-fulfilment of the conditions of undertaking/bond furnished by the applicant to the licensing authority or failure to fulfil export obligation against the imports made.

(xxxii) Failure to comply with the distributional control in respect of imported goods where such control is applicable in terms of the policy in force.

(xxxiii) Other corrupt or fraudulent practices.

7V.B.—A licence includes a Customs Clearance Permit for purposes of the provisions of this paragraph also,

270. Where a licence has or had been issued at any time provisionally or through error or inadvertence or is in excess of the licence holder's entitlement or has been obtained by mis-representation or contrary to rules and regulations in force, it will be open to the licensing authority to set ofF the value of such licence or adjust the same against the licence holder's sub- sequent entitlements under any category for that item or any other item or items without prejudice to any other action thr>t may be taken in this beh.alf.

(PART. 1-SKC. 1J THE GAZETTE OF INDIA EXTRACXRHIX.MU' 303/161

271. Attention of the trade is also invited to the provisions contained in paragraph (92) of this book relating to mis-use of the goods imported against a Jicence by an actual user or the goods received by any person tluough the allotments made by the State Trading Corporation of India or any other recognised agency.

Appeals

272. (1) Clause 10(2) of the Imports (Control) Order, 1955, provides thai where any person is aggrieved by any action taken under clause 8 or 8-A he may prefer an appeal against such action to such authority as the Central Government' may, by notification in the official Gazette, constitute for the purpose of hearing appeals, within 30 days from the date of communication of the action taken.

(2) In exercise of the powers referred to in sub-paragraph (1) of this paragraph, the Central Government have constituted the following authorities for the purpose of hearing appeals against the action taken under clause 8 or 8-A of the Imports (Control) Order, 1955:—

,(i) Where action is taken by a Joint Chief Controller of Imports and Exports, the appeal will lie with the Chief Controller of Imports and Exports, New Delhi;

•in) Where the action is taken by an authority other than any autho- ritv referred to in item (i) above, the appeal will lie with a Com mfttee consisting of the Special Secretary and two Joint Secretaries to the Government of.India in the Ministry of Commerce, New Delhi.

(3) The appeals made under this provision should be accompanied by an attested copy of the order appealed against and any other documents/ information that may be relied upon by the appellant. The appeal should also be accompanied by a proforma giving the following information:— (a) Authority against whose decision appeal is preferred; (b) Date of the order appealed against; (c) Whether the appeal is against debarment or suspension from receiving licences (in the. case of debarment, the periods for which the appellant has been debarred from obtaining licences may also be indicated);

(d) The grounds of appeal (in brief).

(4) A copy of the appeal should invariably be sent by the appellant to the authority against whose decision the appeal is made.

303/162 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-Stfc. 1\

CHAPTER XVI

UNAUTHORISED IMPORTS

273. Valid imports.—Import is validly covered by a licence when the description, value and the quantity of imported goods are in accordance with the licence and the shipment/despatch of the goods from the supply- ing country takes place within the period of validity of the licence.

274. Import Licences are without prejudice to other prohibitions.—An import licence is issued without prejudice to the operation of other prohibitions or laws to which the imported goods may be subject. For instance, if, under the health laws, imported plants have to be fumigat- ed or animals inoculated, the relevant regulations have to be strictly observed. Similarly, the regulations under the Drugs Control Act, the Arms Act, the Explosives Act. the Excise Act and such other Acts, as may apply to the goods sought to be imported, will have to be strictly followed^

275. Imports not covered by licences.—If any article, requiring a licence, is imported without a valid licence, its entry into the country will be treaied as unauthorised and the importer/owner of the goods will be liable to punishment under the provisions of the Customs Act, 1962 without prejudice to any other action that may be taken in this behalf under the Imports and Exports (Control) Act, 1947 and the order issued thereunder. In such cases, the Import Trade Control authorities will not regularise the import by an ex-post-facto licence; nor will they amend the existing licence in any manner to cover such imports.

276 Customs' Jurisdiction.—The clearance of goods and the assess- ment of duty will be dealt with by the Customs authorities. It is within the jurisdiction of the Customs authorities to determine whether or not the goods imported are in conformity with the description given in the tee. Although, in case of doubt in regard to the correct description of goods given l i t he licence or any other matter concerning the import, foe cStoms authorities may consult the Import Trade Control authorities, the final responsibility in the matter rests with the Customs authorities.

authorities.

^PAKT 1-S-T.C. 1] THE GAZETTE Ol< INDIA EXTRAORDINARY 303/163

278. Joint Committees.—In order to help the importers in cases of genuine difficulties, a joint committee of the Import Trade Control and. the Customs authorities has been set up at each port. The Committee meets regularly and deal with both pre and post-importation enquiries and difficulties of importers.

279. Requests for amendments to be made before shipment.—If the

importer finds discrepancy in a licence, he should immediately apply to the licensing authority concerned for an amendment in the licence. The request for such an amendment should in any case be made before the goods have been shipped/despatched from the supplying country, so that, if, for any reason, the change or amendment is not permitted, the importer may be able to advise his suppliers to make the necessary adjustment. In seeking any amendment or revalidation of 'a licence, it should clearly be pointed out by the applicant whether or not shipment/despatch of goods covered thereby has already been made cither wholly or partly. Any misleading or wrong statement in this behalf will render the license©/ importer liable to action under the Import Trade Control rules and regulations.

280. The requests, if any, for amendment of a licence made after the shipment/despatch of the goods from the supplying country will be sum- marily rejected by the I.T.C. authorities. The matter in such an event will rest with the Customs authorities. The importers should, therefore, ap- proach the Customs authorities who will deal with the cases with reference to the relevant rules.

281. Penalty for unauthorised imports.—The fine/penalty imposed in respect of unauthorised imports is likely to be heavy and may lead to even confiscation of the goods or prosecution of the importer/owner of goods. In special circumstances, the importer/owner of the goods may be allowed to re-ship the goods; but, in such a case also, the importer/owner of the goods will be liable to pay fine/penalty. Therefore, the importers should, in their own interest ensure that what is being imported by them into the country is in strict conformity with the licence-description in every respect and that the consignment is neither in excess of the licensed value nr quantity limitations nor different in any way from what is authorised to be imported.

282. Clearance of goods when the importer is unable to produce the

licence.—Tn cases where an importer claims to have a valid import licence to cover the goods imported by him but is unable to produce the licence to the Collector of Customs at a particular port owing to the simultaneous arrival of the goods covered by the licence at different ports, or for any other reason, the Collector of Customs may, if he is satisfied with the plea put forward by the importer, permit clearance of the goods in so far as Import Trade Control Regulations arc concerned on the importer execut- ing a bond or a letter of guarantee in the forms given in Appendix (28) to this book. It is at the discretion of the Collector of Customs either to accept the bond or the letter of guarantee from the importer for the pro- duction of the import licence for the goods at a later date.

303/164 l l IK ("'AZETTE OF INDIA EXTRAORDINARY [PART 1-SEC. It,

CHAPTER XVII

MISCELLANEOUS

283. Port of entry.—(1) Import licences will, except where specifically provided otherwise in the licence, be valid for importation of goods at all ports in the Indian Union.

(2) The importers can, however, obtain separate licences for the goods to be imported through different ports, and for this purpose, the value of the goods to be imported at each port should be given separately in the application for the licence. In such cases, the customs port at which each licence will be registered, should also be indicated.

Subsidiary licences

284. (1) In order to facilitate the clearance of goods through different sections of the same Customs House, the licensing authorities at the ports will consider requests for the issue of subsidiary licences against an existing licence. The request for grant of subsidiary licence can be made to any port licensing authority. Such requests will also be entertained by the regional licensing authorities in respect of licences issued from the head- quarters office of the Chief Controller of Imports and Exports, New Delhi.

(2) Subsidiary licences for clearance of goods at airports.-—Requests for issue of subsidiary licences will also be considered for the clearance of goods through the customs authorities at the airports.

(3) Applications for subsidiary Iicences^-The following points should be borne in mind by the applicants while applying for subsidiary licences:— (i) The applications for subsidiary licences should be made sufficiently in advance of the despatch/shipment of the goods from the supplying country. A licensing authority may, how- ever, consider an application for the grant of a subsidiary licence after the expiry of the main licence to enable the licensee to> clear the goods shipped within the validity period of the main licence.

(ii) The facility of the grant of subsidiary licences will be giveu irrespective of the value of the original licence,

(iii) The subsidiary licences, where granted, will be subject to face value restrictions or any other conditions applicable to the original licence. It is open to the importers to apply for and obtain separate subsidiary licences specifically valid for the items with face value restrictions upto the permissible limits. These licences showing the values of restricted items permissi- ble against the main or original licences will also be valid for import of non-restricted items.

(iv) The applications for subsidiary licences should also be accom- panied by treasury receipt showing the payment of the prescrib- ed application fee of Rs. 5 for each subsidiary licence.

(v) Subsidiary licence will have the same period of validity as the main licence. The revalidation, if any, granted in respect of the main or original licence will also apply to the subsidiary licence.

Payment to suppliers

285. When goods are to be imported under an Open General Licence or Special General Licence, authorised dealers in foreign exchange have

[PART I-Sr.c. l| H IE GAZETTE OF INDIA EXTRAORDINARY 303/165

been permitted to open letters of credit or make remittances to cover the imports on their being satisfied that the goods ordered are covered by the Open General Licence or the Special General Licence. With regard to goods not covered by an Open General Licence or Special General Licence, no letters of credit can be opened or remittances of foreign exchange made unless the importer is in possession of a valid import licence with exchange control copy. When applying to an authorised dealer in foreign exchange for remittance of foreign exchange, the licence holder should produce before him the copy of the licence marked 'for exchange control purposes'. It should be noted that in opening any letter of credit, the date of expiry of the O.G.L. or S.G.L. or the valid licence should be kept in view for deter- mining the period for which the letter of credit should be kept open for negotiation.

286. INo remittances in advance of the receipt of the shipping docu- ments.—It may be noted that whereas letters of credit can be opened on the basis of the exchange control copy of the licence in advance of the ship- ment/despatch of goods, remittances can be made only on receipt of ship- ping documents. In the case of licences for Capital goods and Heavy Electrical Plant, however, a part payment may be authorised by the Reserve Bank of India as an earnest money payable to the foreign suppliers.

The extent to which the licence can be utilised

287. (1) The value shown in an import licence is always the c.i.f. price of the goods to be imported, and it includes commission allowed by the supplier/manufacturer to the importer or agent. The value debitable to an import licence for Customs purposes will be the c.i.f. value of goods imported as ass'essed by the Customs authorities. The remittance against goods covered by the import licence would, however; be governed by tho Exchange Control regulations and it will exclude commission, discount or like rebates allowed by the foreign supplier/manufacturer to the importer/agent. There- fore, the licensing authority will specifically endorse a condition on the licence to the effect that payment authorised to be made against it shall not cover commission, discount or like rebates allowed by foreign supplier/ manufacturer to the importers/agents in India.

(2) The c.i.f. value cannot also be used to the full extent if the stores are shipped f.o.b. In such an event, a margin has to be left to cover the cost of: insurance and freight to be paid for in rupees. When either the freight or insurance is paid in rupees in India, the amounts will be deducted from the value of the licence by the authorised dealer in Foreign Exchange e.g. where against an import licence for Rs. 1,00,000 the insurance and freight charges amount Rs. 10,000 (say Rs. 5,000 on each account) the basic imports exclusive of cost of insuance and freight against the said licence can be admitted upto the extent of Rs. 90,000 only.

Requests for enhancement in value

288. Importers are required to take steps to ensure that the c.i.f. value shown in the licence is not exceeded in any case unless otherwise notified. The only types of cases where requests for enhancement in the value of the licence are entertained are:—

(a) Ca'pital goods;

303/166 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 11

(b) H.E.P. licences; (c) Licences against D.G.S.&D. and Railway Orders; (d) Licences granted to Actual Users in exceptional cases.

In each case the reasons for the increase have to be satisfactorily explained and documentary evidence in support of them has to be produced. The enhancement will be solely at the discretion of the licence issuing authority.

Currency in which payment may be made

289. Normally foreign remittances are allowed by the Exchange Control authorities only in the currency of the country of origin of the goods in question as stated in the import licence, or by payment in sterling or rupees to the account of a resident in that country. In the case of f.o.b. contracts, however, payment of freight and insurance may be made in rupees, or in the currency of the country in which the shipping company is registered or the insurance policy is issued. If importers require aoy further information in this behalf, they may consult the authorised dealers in foreign exchange or the Reserve Bank of India.

Provisional debiting of import licences by Customs Homes

290. Import licences are sometimes debited with 'Loaded Values' of the imported goods by Customs Houses on a provisional basis. On subsequent verification or on appeal, the quantum of loading is sometimes reduced after several licensing periods. Re-validation of a licence on account of reduc- tion in the "loaded value" will not be granted.

Banks as joint holders of licences

291. (1) It has been observed that when an importer opens an irrevocable letter of credit through a bank and later fails to honour his bills, the bank concerned, which is committed for the payment of the exchange to the foreign suppliers, finds itself in difficulty to import as it is not the licence holder. As a safeguard against this contingency the exchange banks or authorised dealers through whom the letters of credit are opened! are reckoned as the joint holders of the licence to the extent of the goods coveted by the credit which would thus enable them to honour their commitments with foreign supplier. The procedure in this respect is contained in Public Notice No. 60-ITC(PN)/50, dated the 21st July, 1950, reproduced in Appendix 29.

(2) In the types of cases referred to in sab-para (1) of this paragraph and also in cases where the goods are pledged with a bank or a State Fin- ance Corporation and the borrower does not meet his obligation, the impor- ted goods lying with the bank or the State Finance Corporation, as the <;ase may be, will be dealt with in accordance with the provisions of Clause 10-C of the Imports (Control) Order 1955, as amended.

Established importers-enm-manufacturers

292. (1) An established importer-cum-manufacturer is eligible to claim a licence only in one capacity, i.e. either as an established importer or as an actual user, as indicated below:—

(a) If an established importer of a commodity is also the manufac- ture of a product in the process of the manufacture of which

(PAW I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/167

that commodity is required, the established importer-c"m- manufacturer would be entitled to claim a licence only in one capacity as an established importer or as actual user and not both.

(b) If an established importer of a finished product and/or its com- ponents is himself or through his associate concern engaged in the manufacture of that product and/or its components as an actual user, the actual user and his associate concern(s) will surrender their quotas for the finished product and/or its components as an established importer, provided that in ex- ceptional cases where the commencement of production is likely to be delayed, they will be allowed to claim quota licen- ces till the production has actually commenced.

(2) Clarification of the above provisions.—The following clarification is made to define the scope of the application of the above provisions with respect to certain types of cases:—

(i) Cases in which the established tmporter-cum-manufacturer has a qnota for a commodity which is also required as a raw material (or use hi the manufacture of a finished product.—-(a) If the raw material falls under a S. No, or sub. S. No. as the case may be which covers only one item, the established importer-ewm-manufacturer shall surrender his claim for a licence for the raw material in one capacity i.e. either as an established importer or as an actual user.

(b) If the raw material falls under a S. No./Sub S. No. which covers more than one item, the established importer-ewm-manufacturer will be allowed to claim in addition to an actual user licence, a quota licence to Import only such other items falling under the particular S. No./Sub S. No. as arc not covered by his Actual User licence. In such cases only the past imports of admissible items will be taken into account for the grant of the quota licence,

(11) Cases where the manufacturer ol a finished product has In his owv name or in the name of his associate concern/(s) a quota for that product— In such cases, if the manufacturer is engaged in the manufacture of only particular type/(s) of the product, he or his associate concern/(s) will bo entitled to claim a quota licence for import of such other type/(s) of the product as are not included in his manufacturing programme and only bis

East Jmport of such other type/(s) of the product as are not included id is manufacturing programme will be taken into account to determine his or his associate concern's quota entitlement. But the quota will be subject to revision consequent on the expansion of the manufacturing activities.

(H'0 Cases where the manufacturer of a finished product has in hb own name or In the name of his associate concern/(s) a quota for the components of the finished products:—

Tn such cases, the manufacturer and his associate concern(s) will be entitled to claim a quota licence for such components as are (a) not cover- ed by his actual user licence and (b) not covered by his manufacturing activities. Only the past imports of admissible components will be reck- oned for the prant of quota licences for components in such cases and the quota would be subject to revision consequent on the expansion of the manufacturing activities.

49 G. of I. Ex.—13

3O3/l68 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKC. 1\

Ov) These principles would be followed with regard to grant of quota licences when goods imported against the quota licence are required for stock and sale. However, in cases where the goods sought to be imported against quota licence(s) are required for servicing/repairs, the quota licence(s) would be validated on ad hoc basis in the discretion of the licen- sing authority to meet the semicing/repairs requirements.

(v) There may be certain types of cases where the importer-cwm-manu- facturer holds a quota certificate for machinery/equipment/accessories and he may require the same goods for installation of a factory or for replace- ment purposes thereafter. In such cases, the established importer-c"wj- manufacturer would have the option to claim either the quota licences or an Actual User licence (including C.G./H.E.P.;.

(3) Definition of associate concern tor the above purpose.-—For the purpose of the above provisions, the following will be the criteria for deter- mining that the concerns arc associates:—

(i) The actual user concern and the established importer concern are assessed to income tax jointly i.e. have a common I.V.C. Number or they have common ownership.

(ii) The actual user concern and the established importer concern have separate I.V.C. numbers and have no common ownership, but the proprietor of one of such concern is the proprietor of the other concern, or a partner or a set of partners in one of such concern have major share in the other concern.

(iii) The actual user concern is a Limited Company and any Director of the Limited Company has interest in the established impor- ter concern as proprietor.

Rc-import of goods after repairs abroad.

293. (1) The goods which are covered by Saving (k) of Clause H of the Imports (Control) Order 1955 dated 7th December 1955, can be imported into India from any country without import trade control restrictions.

(2) In the case of goods which are not covered by the saving clause mentioned above, and which are exported for repairs and subsequent return, the importer should secure an import licence in advance, and the goods for repairs should be exported only after obtaining the licence for their re-import. The application for import licence should be made to the licensing authority concerned. Failure to comply with this recjuire- ment will render the application for licence/Customs Clearance Perrriit For re-import of the goods repaired liable to be rejected. In cases where the re-import of articles after repairs involves foreign exchange, the amount to be remitted towards the cost of repairs, freight and insurance should be indicated in the application for licence and the apph'cation should be supported by a certificate from the D.G.T.D. to the effect that the goods In question cannot be repaired in India.

Re-Iinport of samples of Indian' origin sent abroad for the purpose of securing orders

294. (1) For rc-importation into India of samples sent or taken over to foreign countries by Indian businessmen, a provision already exists in Saving (k) of Clause 11 of the Imports (Control) Order 1955 whereby such samples as are exempt from payment of Customs Duties on re-importation, Would be allowed clearance without an import licence. But in order to

[PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/169,

qualify for this concession, there are certain Customs formalities to be observed and the Indian traders who do not comply with such formalities have to face difficulties in the clearance of such samples on re-importation. Therefore, the trade, in its own interest, should contact the Customs authorities before exporting the samples to foreign countries and ensure that the conditions qualifying for the duty free re-importation of the samples are fulfilled.

(2) However, in cases where samples on re-importation do not qualify for the above concession, it is open to the Indian businessmen to secure import licences in advance to cover the re-import. Applications for import licences for the re-importation of such samples should be submitted to the regional licensing authorities and should be accompanied by an evidence to show that the samples which were taken over, or sent to foreign countries, are being re-imported.

(3) In the case of businessmen/industrialists returning from abroad, who are bringing in such samples, the requirement regarding submission of I.V.C, Registration/Exemption Number will be dispensed with for th© purpose of the application for import licence as in the case of such appli- cants, it may be difficult to comply with this requirement. In cases other than those of businessmen/industrialists returning from abroad, also, the requirement regarding production of I.V.C. Registration/Exemption Number will b; dispensed with if the re-importation takes place within three years of export. The payment of application fee will be -vaived in all such cases.

Import of samples and literatures relating to products to be manufactured for re-export

295. Applications for the import of samples and literatures relating to products to bo manufactured in India for export, will be considered on merits on ad hoc basis by the licensing authorities concerned. The appli- cants should give full justification for their requirements In such cases* The applications should be made in the form prescribed for actual users and should be accompanied by a Treasury Receipt for the requisite amount towards application fee.

Import of empty gas cylinders for re-export after being filled with gai

296. Applications for the grant of Customs Clearance Permits will be considered by the licensing authority concerned for the import of empty gas cylinders falling under Serial No. 65(5)(iii)/V of the I.T.C. Schedule which are to be re-exported after being filled with gas. The procedure to be followed in such cases will be as under;—-

(a) The importers should apply for a Customs Clearance Permit to import empty gas cylinders in respect of their six months requirements i.e. the number ol cylinders which they will be able to re-export after being filled with gas within a period of six months. The application should be supported by a certi- ficate from the Director of Explosives in respect of cylinders applied for.

(b) The applicants should also produce evidence to show that their requirements are genuine and that they have been in the particular trade.

(c) The Customs Clearance Permits, where granted, will be subject to the condition that the licensee shall re-export the cylinders after filling them with gas within a period of six months fromr

303/17° T H£ G A Z E T TE or INDIA EXTRAORDINARY [PART I-SEO, 1]

the date of importation- The importer will also be required to execute a bond with a surety from an insurance company or a chamber of commerce at the time of importation of the cylinders for compliance with this condition. However, in the case of importers of good standing who have been in the line ana whose past performance has been satisfactory, the licensing authority concerned may in its discretion dispense with the surety.

Import of machinery and equipment designed on the metric system

297. (1) Legislation has been enacted to decimalize currency, weights and measures. The Coinage (Amendment) Act, 1955 was brought into force on 1st April, 1957, and decimal coinage is now in circulation in the country. The Standards of Weights and Measures Act, 3 956 has been brought into force with effect from the 1st October, 1958 in certain: specified areas in States and Union Territories and in respect of certain specified classes of undertakings and of goods. The Act provides for a transitional period of 10 years from its date of enactment.

(2) Importers of machinery are requested to take note of these develop- ments and to endeavour to import machinery which should be able to work to metric measurements. It is realised that for a certain number of years both the metric and the foot-pound systems have to continue side by side. To the extent, therefore, that machinery and equipment on foot- pound system is required for replacements either in regard to spare parts or even complete machines, their imports will be allowed after scrutiny of their need.

(3) Metric system has become the only legal system of weights and measures in the country. Importers of machinery are requested to tataj note of this development and to import machinery which would be able to work on metric measurements. Weighing or measuring instruments im- ported for use in trade or commerce must conform to the specifications prescribed in the Weights & Measures (Enforcement) Rules of the States.

(4) Consequent on the decision of the Government of India to intro- duce from August 1960 the Metric System of Weights and Measures in tbo levy and collection of Customs Duties, it was decided to adopt the Metric system,of weights and measures from 1st October 1960 for the purpose of Import and Export Trade Control also, to the extent indicated below:—

(i) All shipping documents relating to imports, exports and re-export will be in Metric Unit. However, to suit the requirements of customers in foreign countries which are not on metric system, the exporters may use British Units as well in their invoice, etc. at the request of their customers. Shippers in foreign countries such as United Kingdom, United States of America or other countries, which are not on metric system, will have, the option to use British Units in their shipping documents, invoices, etc.

(ii) Where licensing is on the basis of quantity, new quota certi- ficates/licences will be issued in Metric Units; even otherwise quantities in licences will be shown in Metric Units, wherever necessary.

(iii) While applying for licences importers will be required to mention quantity in Metric Units.

[PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY ^O^jljt

Import of Transformer Oil together with power transformers

298. (1) Oil supplied for the first filling along with the transformer may be treated as part of the transformer and its clearance may be allowed, against licences issued for transformers. It may, however, be noted that the quantity of transformer oil so allowed shall not in any case exceed th& capacity of the tank of the transformer. It is also necessary to ensure that the c.\.t. value of the oil plus the c.i.f. value of the transformers should be covered by the c.i.f. value specified in the licence for transformers-

(2) Where the oil and the relative transformer are shipped from different countries, a separate import licence would be necessary for the oil. This would not, howevsr, apply if the licence for transformer has been specifically made valid to cover transformer oil required with it, subject to the prescribed conditions, if any, being fulfilled.

Duplicate copies of import licence

299. (1) Where a licence is lost or misplaced, the application for the issue of a duplicate copy of the licence will be considered and a duplicate copy will be issued if the licensing authority concerned is satisfied in regard to the bona fide of the case.

(2) The application for the issue of duplicate copy of the licence should bo subrniued to the licensing authority who issued the original licence. Such applications should be accompanied by a treasury challan of Rs. 5 /- towards application fee and an affidavit on a stamped paper in the form prescribed in Appendix (8) to this book duly sworn in before a magistrate or an oath commissioner or notary public.

(3) The duplicate copy of the licence wiH be marked 'DUPLICATE* and endorsed by the issuing authority in block letters ns follows:—

This licence has been issued in lieu of licence No

(to be given>

dated

, since cancelled under Order No

, to the extent of full value or partly utilised value dated of Rs

(4) When a duplicate copy of a licence is issued, the licensing authority concerned will intimate the fact to the custom authority at the port of registration of the original licence. Where a duplicate copy of the licence is issued with Exchange Control Copy, the Reserve Dank of India of the circle concerned will also be informed accordingly by the licensing authority concerned. The order of cancellation of the original licence wilJ be published in the Gazette of India.

Licences issued in duplicate

300. Import licences are generally issued in duplicate. One of the copies known as the Customs Purposes copy is to presented by the importer along with the bills of entry, to the Customs authorities for obtaining clearance of the goods imported. The 'other i.e. the Exchange Control copy' is to be presented by tho importer to the bank for i.he purpose of opening a letter of1 credit or making rcmittnnce of foreign exchange. Where no remittance of foreign exchange is involved, the Exchange Control copy of the licence is not issued.

3 ° 3 /I72 T I IE GAZETTE OF INDIA EXTRAORDINARY [PA"T HSe*v 1]

Form ol affidavit

301. Applicants for import licences are sometimes required to furnish certificates or declarations along with their applications for import licences. Unless otherwise provided, such certificates or declarations need not be given on a stamped paper and also need not be sworn in before a magistrate or an oath commissioner etc. Such declarations or certificates can ordinarily be signed by the proprietor, partner, or managing director of the applicant concern or by a person duly authorised to sign such document on behalf of the applicant.

Checks on delays

302. (1) Every effort is made to avoid delays in the disposal of applications for licences or correspondence. Reminders in regard to the delayed cases are attended to promptly by the licensing authorities.

(2) Complaints regarding delay addressed to the Chief Controller ol Imports and Exports, New Delhi, should be specifically marked "Cora- plaint against delay" at the top of the communication containing Lbe complaint.

(3) The applicant should also bring cases of delay to the personal notice of the Public Relations Officer in the Import Trade Control office -concerned. The Public Relations Officer of the rank of the Deputy Chief •Controller of Imports and Exports has been appointed at the headquarters of the office of the Chief Controller of Imports and Exports, New Delhi, in the regional offices also, Public Relations Officers have been appointed.

Addressing of communications to Import Trade Control Organisations

303. It is noticed that telegrams and letters received by the licensing authorities from the trade by way of reminder do not often contain sufficient details to enable the licensing authorities to locate the previous papers. With a view to avoid delay in the disposal of such communications, the trade should give brief details of the reference received by those from the licensing authority concerned, the particulars of the goods sought to be imported and the I.T.C. classification of such goods. The communication should also indicate its subject matter, the category of the importer, the type of the licence to which it pertains, whether it relates to the grant of the licence or amendment or revalidation thereof or an appeal, and it should also give the number and date of the relevant origi- nal application.

Enquiries regarding the position of applications

304. (a) The arrangement under which the importers could enquire the position of the import application by filling the import enquiry slip has been discontinued.

(b) The licensing authorities will make every effort to dispose of the applications as quickly as possible. If an application for an import licence is not disposed of within one month from the date of its receipt in the licens- ing section, the licensing authority will issue an interim reply to the applicant. i£ an applicant docs not receive an interim reply even alter this time limit, he can bring the matter to the notice of the Public Relations Officer in the import trade control office concerned or book an interview with the officer concerned through the Enquiry Officer in order to know the reasons for the delay in the disposal of his application.

[PART I-SEC. 1] THE GAZETTE Oi INDIA EXTRAORDINARY 3o3/l73

(c) Where a licensing authoriiy calls for certain documents or information from the applicant or any deficiencies in the application are communicated to the applicant, and the applicant has furnished the required documents or in- formation or made good the deficiencies but does not receive any further communication from the licensing authority within 15 days thereafter, •bo can bring the matter to the notice of the Public Relations Officer or book an interview with the Officer concerned to know the reasons for the delay in the disposal of the application.

(d) Applications for import of capital goods and heavy electrical plant wiii lake somewhat longer time. But in such cases also, if the applicant finds that there has been a delay in the disposal of his application, he can bring the matter to the notice of Public Relations Officer or book an interview with the concerned officer to know the reasons for delay.

Interviews

305. (1) Ordinarily all matters should be settled by correspondence. However, in cases where the importers consider it necessary to discuss in person, matters relating to general policy and principles of Import Trade Control or they wish to make a personal submission in the case of appeals and representations against orders passed in individual cases or they desire to present their case in person in respect of any appli- cation for licence or to represent against the delay in the disposal of their applications for licences or appeals, they may book an interview with the officer concerned.

(2) The interviews with the officers other than the Chief Controller of Imports and Exports and the heads of the regional licensing offices should be booked in advance at the Enquiry Office which is attached to each licensing office. Appointments to sec the Chief Con- troller of Imports and Exports/heads of the regional licensing offices should, however, be arranged through their private secretaries. The im- porters should give the purpose of interview and the particulars of then- case in the prescribed profbrma vide Appendix (30) to this book. The prescribed proforma for interviews will not have to be filled in for seek- ing interviews with the Public Relations officers.

(3) Except where otherwise authorised, interviews will be granted only by officers of the rank of Controller or above. It should be noted that the person desiring to book an interview should be the accredited represen- tative of the applicant and he should comply with all the regulations concerning the interviews which arc prominently displayed on the trade notice boards in all the licensing offices or otherwise publicised. Entry in the rooms occupied by the clerical establishments or personal contract with the staff of the Import Trade Control Organisation is strictly prohibited.

"Counter" system

306. The requests for amendments of minor nature or revalidation of licences which do not require detailed examination, requests for issue of letter of authority, correction in the lists of goods, affixing security seal on the licence or on the lists of goods, and other matters of minor nature like signatures of the licensing authority beiow the condition on the licence or on the lists of goods attached to the licence, will also be entertained at the "Counter" in the licensing office concerned. For this purpose the "Counter" system has been introduced

303/174 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I^SEC. 1]

in the licensing offices. The applications will be received at the "Coun- ter' against a proper receipt and the applicant will be given a fixed date for collecting back the licence on production of the said receipt.

Import of disposal, second-hand or reconditioned goods

307. (1) In terms of the Imports (Control) Order, 1955 dated the 7th December, 1955, it is a condition of every licence that the goods for then import of which the licence is granted, shall be new goods, unless otherwise stated in the licence.

(2) It has been decided that requests for import of disposal or second- hand or reconditioned goods against licences issued to established importers- will not be entertained.

Conditions on licences

308. (1) Import licences issued to various categories of importers shall;

be subject to the conditions indicated in Appendix 31. The licences/ importers should carefully read these conditions to ensure compliance there- with.

(2) These conditions will be in addition to the conditions applicable to a licence under the Imports (Control) Order, 1955 dated the 7th Decem- ber, 1955, and such other conditions as may be imposed by a licensing authority.

(3) Non-fulfilment of the conditions of a licence will render the licence liable to cancellation, without prejudice to any other action that may be taken in this behalf against the licensee or importer or any other person.

Refusal of licence

309. (1) A licensing authority may refuse to grant a licence:—

(a) if the application for the licence does not conform to any pro- visions of the Imports (Control) Order 1955 dated 7th Decem- ber, 1955, as amended;

(b) if such application contains any false or fradulant or misleading statement;

(c) if the applicant uses in support of the application any document which is false or fabricated or which has been tampered with; (d) if the application for the licence is defective and does not con- form to the prescribed rules and procedure;

(e) if the applicant is not eligible to the grant of licence in accor- dance with the relevant import trade control policy and proce- dures in force;

(f) if the applicant fails to produce any document that is called for by the licensing authority;

(g) if the applicant has failed to make up a deficiency in his applica- tion within the time limit indicated by the licensing authority; (h) if the applicant has used any unfair means in obtaining a licence; and

(i) any other reason to be recorded in writing.

(21 A licensing authority will also refuse to grant a licence under the provisions of clause 6 of the Import (Control) Order 1955 dated 7tlr December 1955, as amended.

[PART I-SEC. 1] THE GA/KTTF. OF INDIA EXTRAORDINARY 303/175;

APPENDIX 1

| Vide para 2 of Chapter I]

Imports and Exports (Control) Act, 1947, as amended upto 31st March, 1968.

An a3t to continue for a limited period powers to prohibit or control imports and exports.

Whereas it is expedient to continue for a limited period, powers to prohibit, restrict or otherwise control imports and exports.

It is hereby enacted as follows: — 1. Short title, extent, commencement and duration.—(1) This Act may be called the Imports and Exports (Control) Act, 1947.

(2) It extends to the whole of India. (3) It shall come into force on the 25th day of March, 1947 and shall remain in force until the 31st day of March, 1971.

2. Interpretation.—In this Act,

"Import" and 'Export" means respectively bringing into, and:

taking out of India by sea, land or air;

3. Powers to prohibit or restrict imports and exports.—(1) The Central Government may, by order published in the Official Gazette, make provisions for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases, and subject to such excep- tions if any, as may be made by or under the order: —

(a) the import, export, carriage coastwise or shipment a3 ships stores of goods of any specified description;

(b) the bringing into any port or place in India of goods of any specified description intended to be taken out of India without being removed from the ship or conveyance in which they are being carried.

(2) All goods to which any order under sub-section (1) apprjes shall be deemed to be goods or which the import, or export has been prohibited under section 11 of the Customs Act, 1962 (52 of 19D2), and all the provisions of that Act shall have effect accordingly.

(3) Notwithstanding anything contained in the aforesaid Act, the Central Government may, by order published in the Official Gazette, prohibit, restrict or impose conditions on the clearance, whether for home consumption or for shipment abroad of any goods or class of eoods imported into India.

4. Continuance of existing orders.—All orders made under rule 84 of the Defence of India Rules or that rule as continued in force by the Emergency Provisions (Continuance) Ordinance, 1946 (Con- tinuance of Existing Orders, XX of 1946), and in force immediately

303/176 T H£ GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

oefore the commencement of this Act shall so far as they are not inconsistent with the provisions of this Act, continue in force and be deemed to have been made under this Act.

4-A. Fees for applications for, and issue or renewal of, licences.- The Central Government may by order levy, subject to such excep- tions, if any, in respect oil any persons or class of persons as may be specified in the order, any iee in respect of any application or in respect of any licence granted or renewed under any order made or deemed to have been made under this Act.

5. Penalty.—If any person contravenes or attempts to contravene. or abets a contravention of, any order made or deemed to have been made under this Act or any condition of a licence granted under any such order, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962) be punishable with imprisonment for a term which may extend to two years and also with fine:

Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, such im- prisonment shall not be for less than six months.

6. Cognizance of offences.—No Court shall take cognizance of any offence punishable under section 5 except upon complaint in writing made by an officer authorised in this behalf by the Central Govern- ment by general or special order, and no Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

7. No order made or deemed to have been made under this Act shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made or deemed to have been made thereunder.

I{PAJI* I-SHC. 1J THE GAZEITE OF INDIA .EXTRAORDINARY 303/177

APPENDIX 2

[Vide para 2 0/ Chapter I]

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

Imports (Control) Order, 1955 (as amended upto 31-3-1968)

New Delhi, the 7th December, 1955

No, 17/55.—In. exercise of the powers conferred by sections 3 and 4A of the Imports and Exports (Control) Act, 1947 (18 of 1947) as in force in India and as applied to the State of Pondicherry, the Central Government hereby makes the following Order, namely: —

ORDER

1. Short title and Commencement—(1) This order may be called the Imports (Control) Order, 1955.

(2) It shall come into force at once.

2. Definition.—In this Order, unless the context otherwise re- quires,—

(a) 'the Act' means the Imports and Exports (Control) Act, 1947 (18 of 1947);

(aa) 'application for licence' includes any application made under the Import Trade Control Regulations;

(aaa) "Chief Controller of Imports and Exports" includes a Joint Chief Controller of Imports and Exports and a De- puty Chief Controller of Imports and Exports;

(aaaa) 'licence' includes a customs clearance permit issued under this Order;

(b) "Licensee" means a person to whom a licence or a Customs clearance permit is granted under this Order;

(c) "Licensing authority" means an authority competent to grant a licence or Customs clearance permit under this Order;

(d), "Schedule" means a schedule to this Order; (e) 'Value' has the same meaning as in sub-section (1) of section 14 of the Customs Act, 1962 (52 of 1962);

3. Restriction on Import of certain goods,—(1) Save as otherwise provided in this Order, no person shall import any goods of the des- cription specified in Schedule I, except under, and in accordance with, a licence or a customs clearance permit granted by the Cen- tral Government or by any officer specified in Schedule II.

(2) If, in any case, it is found that the goods imported under a licence do not conform to the description given in the licence or

303/178 T I IE GAZETTE OF INDIA EXTRAORDINARY [PAST I - * C. 1],

were shipped prior to the date of issue of the licence under which they are claimed to have been imported, then, without prejudice- to any action that may be taken against the licensee under the Customs Act, 1962 (52 of 1962), in respect of the said importation, the licence may be treated as having been utilised for importing the said goods.

3-A. In cases where the importer is unable to produce the licence which has already been granted to him at the time of arrival of goods, the Customs Collector may at his discretion, allow the im- porter to secure the clearance of goods, on execution of a bond or letter of guarantee to the effect that he holds a valid licence in respect of the imported goods and shall produce the same within a period to be specified by the Customs Collector, failing which he shall pay to the Customs Collector such amount as may be stipulat- ed in the bond or letter ol guarantee without prejudice to any action that may be taken against him under the Customs Act, 1962 (52 of 1962) for unauthorised importation of the goods concerned.

4. Fees on Application for Licences.—(1) Every application for a licence shall be made to the appropriate licensing authority.

(2) A fee as indicated in Schedule III shall be paid in respect of every application in the manner provided in the said Schedule:

Provided that no fee shall be payable in respect of any applica- tion when made by —

(a) the Central Government, a State Government or any de- partment or office of the Central Government or State Government;

(b) any local authority for the import of goods required for its own consumption;

(c) any education, charitable or missionary institution for the import of goods required for its own consumption; (d) an application for review of an order (i.e. first appeal) made on an application for a licence to the licensing authority who originally dealt with the case.

*The fee once received will not be refunded under any circum- stances except—

(i) where the fee has been deposited in excess of the pres- cribd scale;

(ii) where the fee has been deposited, but no application has been made;

(ili) where the fee has been deposited, and the application has been made, but the item to which the application relates is placed on an Open General licence on or after the date of application;

(iv) where the fee has been deposited in error, but the appli- cant is exempt from payment of licence fee;

(v) where the fee has been deposited and the application made, but the policy governing the issue of import licences has been changed subsequent to tne date of application, there- by rendering the application ineligible for the grant of licence.

£PA"T 1 - S KC 1] THE GAZE1TE OF INDIA EXTRAORDINARY 3O3/I79

•NOTE.—Fees paid in respect of Appeals made to the Chief Con- troller of Imports and Exports shall not be refunded under any circumstances,

5- Conditions of Licence.—(1) The licensing authority issuing a -licence under this Order may issue the same subject to one or more -of the conditions stated below.—

(i) that the goods covered by the licence shall not be dis- posed of, except in the manner prescribed by the licensing authority, or otherwise dealt with, without the written permission of the licensing authority or any person duly authorised by it;

(ii) that the goods covered by the licence on importation shall not be sold or distributed at a price exceeding that which may be specified in any directions attached to the licence;

(iii) that the applicant for a licence shall execute a bond for complying with the terms subject to which a licence may be granted.

(2) A licence granted under this Order may contain such other .conditions, not inconsistent with the Act or this Order, as the licens- ing authority may deem fit.

(3) It shall be deemed to be a condition of every such ljcence that: —

fi) no person shall transfer and no person shall acquire by transfer any licence issued by the licensing authority ex- cept under and in accordance with the written permission of the authority which granted the licence or of any other person empowered in this behalf by such authority.

(ii) that the goods for the import of which a licence is granted shall be the property of the licensee at the time of im- port and thereafter upto the time of clearance through Customs.

Provided that the conditions under items (i) and (ii) of this sub-clause shall not apply in relation to licences issued to the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India and other simi- lar institutions or agencies owned or controlled by the Government.

(iii) the goods for the import, of which a licence is granted shall be now goods unless otherwise stated in the licence.

(4) The licensee shall comply with all conditions imposed or -deemed to be imposed under this clause.

6. Refusal of licence.—(1) The Central Government or the Chief Controller of Imports and Exports may refuse to grant a licence or direct any other licensing authority not to grant a licence: —

(a) if no foreign exchange is available for the purpose;

3 O 3 / I 8O

T WE G A Z E T TE OF I N D IA E X T R A O R D I N A RY

[ P A KT I - S i r a, ! ]•

(b) if the grant of a licence to an applicant is prejudicial to- the interests of the State;

(c) if it has been decided to canalise imports and distribution.

thereof through special or specialised agencies or channels;

(d) if the applicant is a partner in a partnership firm, or a director of a private Limited company, which is for the time being subject to any action under clause 8;

(e) if the applicant is a partnership firm or a Limited com- pany, any partner or director whereof, as the case may be, is for the time being subject to any action under clause 8, 8A or 8B; and

(f) if any amount demanded from the applicant under the Customs Act 1962 or any penalty imposed on him under the said Act has remained unpaid for a period of three months.

(2) The refusal of a licence under sub-clause (1) shall be with- out prejudice to any other action that may be taken in respect of an application by a licensing authority under the relevant import policy and procedure in force.

7. Amendment 0/ Licence.—The licensing authority may, of its own motion or on application by the licensee, amend any licence granted under this Order in such manner as may be necessary to make such licence conform to the provision of the Act or this Order or any other law for the time being in force or to rectify any errors or omissions in the licence; Provided that the licensing authority may, on request by the licensee, amend the licence in any manner consonent with the Import Trade Control Regulations.

8. Power to debar jrom receiving licences or allotments of im- ported goods.—The Central Government or the Chief Controller of Imports and Exports may debar a licensee or Importer or any other person from receiving licences or allotment of imported goods through the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other similar agency, and direct, without prejudice to any other action that may be taken against him in this behalf, that no licence or allotment of imported goods shall be granted to him for a specified period under this- Order; —

(a; if his application for licence is at any time found to be not In conformity with any provision of this Order; or

(b) if such application is found to contain any false, fraudu- lent or misleading statement; or

(c) if he is found to have used in support of his application any document which is false or fabricated or which has- been tampered with; or

[PAKT I-S"C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/I8I"

(d) if he has, on any occasion, tampered with an import licence or has imported goods without a licence or has been a party to any corrupt or fraudulent practice in his com- mercial dealings or in obtaining a licence, or is found to have solicited any licence by offering an inducement to the holder of the licence or otherwise; or

(e) if his agent or employee has been a party to any corrupt or fraudulent practice in obtaining any licence on his behalf; or

(f) if he fails to comply with or contravenes or attempts to contravene or abets the contravention of any conditions embodied in, or accompanying, a licence or an application for a licence; or

(g) if he commits a breach of any law (including any rule, order or regulation) relating to customs or the import and export of goods or foreign exchange; or

(h) if he fails to produce any document that is called for by the Chief Controller of Imports and Exports or any other licensing authority.

8A. Power to suspend grant of licences or allotments of import- ed goods.—The Central Government or the Chief Controller of Imports & Exports may suspend the grant of licences or allotments of Imported goods through the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other similar agency, to a licensee or importer or any other person, pending investigation Into one or more of the allegations mentioned in clause 8, without prejudice to any other action that may be taken against him in this behalf:

Provided that grant of a licence or allotment of imported goods shall not ordinarily be suspended under this clause for a period ex- ceeding twelve months:

Provided further that on the withdrawal of such suspension, a licence or allotment of imported goods may be granted to him for the period of suspension subject to such conditions, restrictions or limitations as may be decided by the authority aforesaid, keeping In view the foreign exchange position, indigenous production and other relevant factors.

8B. Power to keep in abeyance applications for licences or allot- ments of imported goods.—Where any investigation into any of the allegations mentioned in clause 8 is pending against a licensee or importer or any other person, and the Central Government or the Chief Conroller of Imports and Exports is satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be in the public Interest, then, notwithstanding anything contained in this Order, the Central Government or the Chief Controller of Imports ana1 Exports may keep in abeyance any application for grant of licence from such person, or direct the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other

3O3/l8a THE GAZETTE OF INDIA EXTRAORDINARY [PART I-Suc. 1]

similar agency to keep in abeyance allotments of imported goods to •uch person, without assigning any reason, and without prejudice to any other action that may be taken in this behalf:

Provided that the period for which the grant of such licence or allotment is kept in abeyance under this clause shall not ordinarily exceed six months.

8C. Publicity of action taken under clause 8 or 8A.

(i) If the Central Government is of opinion that it is necessary or expedient in the public interest to publish the name of any person or class of persons and other relevant particulars, against whom action under clause 8 or 8A is taken, it may publish or cause to be published, the name of such person or class of persons and such particulars in such manner as it thinks fit.

(ii) No publication under sub-clause (1) shall be made in rela- tion to any such action until the time of presenting an appeal, if any, to the appellate authority has expired without an appeal having been presented or, the appeal, if presented, has been disposed of.

Explanation.—In the case of a firm, company or other association of persons, the names of the partners of the firm, directors, manag- ing agents, secretaries and treasurers, or managers of the company, or the members of the association, as the case may be, may also be published If, in the opinion of the Central Government, the circums- tances of the case justify it.

9. Cancellation of licences.—The Central Government or the Chief Controller of Imports and Exports or the Development Officer (Tools), Development Wing or any other officer authorised in this behalf may cancel any licence granted under this Order or other- wise render It Ineffective;

(a) if the licence has been granted through inadvertence or mistake or has been obtained by fraud or misrepresenta- tion;

(b) if the licence has been granted contrary to rules or the pro- visions of this Order;

(c) if the licensee has committed a breach of any of the con- ditions of a licence;

(cc) if the Central Government or such officer is statisfied that the licence will not serve the purpose for which it has been granted;

(d) if the licensee has committed a breach of any law relating to customs or the rules and regulations relating to the import or export of goods or of any law relating to the regulations of foreign exchange.

10. Opportunity of being heard to be given.-—(1) No action shall be taken under clause 7 or clause 8 or clause 8A or clause 9 against a licensee or an importer or any other person unless he has been given a reasonable opportunity of being heard.

J[PART I-SFC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/183

(2) Where any person is aggrieved by any action taken und**i clause 8 or 8A, he may prefer an appeal against such action to such authority as the Central Government may, by notification in the official Gazette constitute for the purpose of hearing appeals, withir thirty days from the date of the communication of the action taken

10A. Declaration as to value, sort, quality, etc. of imported goods.—On the Importation into any customs port of any good' whether liable to duty or not, the owner of such goods shall in the Bill of Entry or any other documents prescribed by rules, state the value, sort, quality and description of such goods to the best of hi" knowledge and belief and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or documents.

10.B. Utilisation of imported goods.— (1) No person shall use anj •imported goods received by him during the allotment or distribu tion made by the State Trading Corporation of India or any other recognised agency, in a manner and for the purpose, otherwise than

(2) Subject to the provisions of clause 10-C, no person fhall use of dispose of any goods imported by him against a licence on the strength of a letter of authority issued in his favour under the Impoi Trade Control Regulations except in accordance with the terms and conditions of such letter of authority.

10-C. Power tc make directions for the sale of imported goods in certain cases.

(1)' Where, on the importation of any goods or at any time there- after, the ChJef Controller of Imports and Exports is satisfied, aftei giving a reasonable opportunity to the licensee of being heard In tht matter, that such goods cannot be utilised for the purpose for which they were imported he may, by order, direct the licensee or an\ other person having possession or control of such goods to sell suo^ goods to such person, within such time, at such price and in such manner as may be specified in the direction.

(2) The price that may be specified under sub-clause (1) shall be the aggregate of the landed cost of the goods, clearing and trans- portation charges and such other incidental charges incurred in relation thereto as are considered reasonable in the circumstances •of the case by the Chief Controller of Imports and Exports.

(2-A) Where goods are imported through the State Trading Cor- poration of India, the Minerals and Metals Trading Corporation of India or other similar institutions or agencies owned or controlled by the Government, or any other recognised agency, and such good? are allotted to any person, an opportunity of being heard in the matter shall be given to such person also.

(3) The licensee or the person to whom any direction has been made under sub-clause (1) shal] be bound to comply with such direction. 49 G. of I. Ex.—14

3 0 3 / 1 84

1 HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY

[ P A RT I - S E C. ! ]•

10D. Prohibition regarding making, signing, etc. of any declara- tion, statement or document:—

(1) No person shall make, sign or use or cause to be made, signed or used any declaration, statement or document in* obtaining a licence or in importing any goods knowing or having reason to believe that such declaration, statement or document is false in any material particular.

(2) No person shall employ any corrupt or fraudulent practice- in obtaining any licence or in importing any goods.

10E. Power of Iron and Steel Controller and Deputy Iron and Steel Controller.—The powers exerclsable under clauses 8, 8A or IOC shall also be exercisable by the Iron and Steel Controller or the Deputy Iron and Steel Controller, against a licensee or importer or any other person in relation to goods licensable by such officers, that is to say, iron and steel and ferro-alloy.

11. Savings.— (1) Nothing in this Order shall apply to the import of any goods: —

(a) by the Central Government for Defence purposes;

(b) by the Central Government or any State Government, Statutory Corporation, public body or Government under- taking run as a Joint Stock Company through the agency of the Purchase organisations of the Ministry of Works,, Housing and Supply, i.e. India Stores Department, London,, and India Supply Mission, Washington;

(c) by the Central Government, any State Government or any statutory corporation or public body or Government un- dertaking run as a Joint Stock Company, orders in respect of which are placed through the Directorate General, Sup- ply and Disposals, New Delhi;

(d) by transhipment, or imported and bonded on arrival for re-export as ships stores or otherwise to any country out- side India, except Nepal, Tibet and Bhutan or imported: and bonded on arrival for re-export as aforesaid but sub- sequently released for use of Diplomatic personnel, Con- sular Officers in India and the officials of the United Nations Organisation and its specialised agencies who are exempt from payment of duty under Ministry of Finance (D.R.) Notification No. 3 dated the 8th January, 1957 andl United Nations (Privileges and Immunities) Act, 1947, res- pectively;

(e) which are in transit through India by post, or are redi- rected by post to a destination outside India, except Nepal, Tibet, Bhutan provided that such goods while in India are always In the custody of the postal authorities:

(f) for transmission across India by air to Afghanistan or bv land, to any other country outside India, except Nepal Tibet and Bhutan under claim for exemption from duty or for refund of duty either in whole or in parr, provided

[PART I - S I C. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/185

that suoh goods are Imported by or on behalf of the Go- vernment of a country bordering on India or that the Im- porter undertakes to produce within a specified period evidence that such goods have crossed the borders of India or in default to pay such penalty as the Collector of Customs may deem fit to impose on such goods and provided further that nothing therein contained entitle* any goods to exemption from the Export Trade Control Regulations;

v<{) by the person as passenger's baggage to the extent admis- sible under the Baggage Rules for the time being in force, except quinine falling under serial number 114 of Part IV of Schedule I exceeding five hundred tablets or 1 lb. powder or one hundred ampules:

Provided that in the case of imports by a tourist, articles ol high value whose re-export is obligatory under rule 5 cf the Tourist Baggage Rules, 1958, shall be re-exported on his leaving India failing which they shall be deemed to be goods of which the import has been prohibited under the Sea Customs Act, 1878 (8 of 1E78);

Provided further that where any goods are exempted under this sub-paragraph, the exemption shall be subject to the condition that such goods shall not be sold, or kept, dis- played, advertised or offered for sale or displayed in a shop, until (a) in the case of arms and wireless recpp- tion instruments, the goods have been used for not leaa than three years after importation by such person or pass enger or member of the crew, or (b) in the case of other goods their market-price has depreciated to less than fifty percent of their market-price when new.

(Kfi) bv any person through the post, for his personal use, or by any institution or hospital, for its own use except: —

(i) Post parcels of vegetable seeds falling under serial number 36 of part IV of Schedule I, exceeding—one lb. In weight;

(ii) Post parcels of artificial silk piecegoods falling under serial numbers 185 and 190 of part IV of Schedule 1:

(111) Bees falling under serial number 1 of part IV of Sche- dule 1;

(iv) Tea falling under serial number 25 of Part TV of the- I.T.C. Schedule.

Provided that the c.i.f. value of goods imported as aforesaid at any one time from Asian and non-Asian countries shall not exceed eighty rupees and one hundred and sixty rupees.

NOTE.—The payments in respect of such goods other than- those received as gifts, will be remittable through authorised dealers in foreign exchange with the per- mission of the Reserve Bank of India.

303/186 T HE GAZETTE (>F INDIA EXTRAORDINARY [PART I-SEC. 1]

(h) covered by an Open General Licence or Special General Licence issued by the Central Government;

(1) covered by an executive instruction issued by the Chlei Controller of Imports and Exports to the Customs autho- rities;

(j) by or on behalf of Diplomatic personnel, consular officers and Trade Commissioners in India who are exempt from payment of Customs duty under Notification 3 dated the 8th January, 1957 of the Government of India in the Ministry of Finance (Deptt. of Revenue);

(k) from any country, which are exempt from Customs duty on re-importation under Section 25 of the Sea Customs Act, 1878 (8 of 1878) or under Customs Notification Nos. 113, dated 16th May, 1957, 322, dated 27th December. 1957, 103, dated 25th March, 1958, 260 and 2B1, dated 11th October, 1958, 269, 270, 271, 273, 274, 275 and 276, dated 25th October, lt*38 and 58, dated 27th May, 1961 of the Government of India, Ministry of Finance (Department at Revenue);

(1) of Indian manufacture and foreign made parts of such goods, exported and received back by the manufacture(s) from the consignee for repair and re-export, provided that: —

(j) the Customs authorities are satisfied with the bona fides of the case, and

(II) in the case of goods other than those exempt fronr customs duty on re-importation under Customs Notifica- tion No. 132, dated 9th December, 1961, a bond is exe- cuted by the importer with the Import Trade Control authority at the port concerned to the effect that the goods thus imported will be re-exported after repair within six months;

(m) by officials of the United Nations Organisation and It* specialised agencies who are exempt from payment of Customs duty under the United Nations (Privileges and Immunities) Act, 1947;

(1) such vehicles or component parts are re-exported with- in the period specified in the said notification or within such further period as the customs authorities may allow.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/lS?

(11) tne provieions of the said notification or of;the Trip- tyque' or 'Carnet-De-Fassage' permit are not contra- vened in relation to such vehicles or component parts,

failing which the provisions of this Order shall apply to such vehicles or component parts and such vehicles or com- ponents shall be deemed to be goods, the import of which nas been prohibited under the Customs Act, 1962 (52 of 1962),

Provided that nothing in these exceptions shall prejudice th" ap- jplic*tion to any goods of any other prohibition or regulation affecting *ne import of goods that may be in force at the time such goods *re Imported.

(o) covered by an import licence issued by His Majesty's Government of Nepal and the importer furnishes a bond to the Collector of Customs iri the form prescribed by the Collector of Customs with a Scheduled Bank as surety to the effect that he shall pay the duty and any penalty imposed fof contravening Import Trade' Control restrictions in respect of the whole or any portion of the goods which is not proved to have entered the territory of Nepal.

(2) Nothing in this Order shall apply to the import of—

(a) drugs and medicines—

(i) by hospitals or medical institutions for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed five hundred rupees;

(ii) by any individual for his personal use provided the ci.f. value of such goods imported at any one time shall not exceed two hundred rupees.

(b) surgical, optical and dental instruments, apparatus and appliances and dental materials, permissible for import under the import trade control policy in force at the time of importation.

(1) by hospitals or medical institutions, for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees;

(ii) by registered medical practitioners, for their own uao, provided the c.i.f. value of such goods imported at any one time shall not exceed five hundred rupees.

(c) X-Ray films, by hospitals and X-Ray clinics, for their own use, and by laboratories for research purposes, pro- vided the c.i.f. value of such goods imported at any one time shall not exceed five hundred rupees;

(d) scientific instruments, apparatus and appliances, and re- placement parts thereof, by technical and research insti- tutions or Government research and analytical labora- tories, for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees;

303/188 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

(e) artists' materials, namely, water colour tubes, canvas, brushes (made of hog or sable hair) and palette knives, by any individual for his personal use, provided the ci.f value of such goods imported at any one ttme shall no exceed one hundred and fifty rupees.

(f) High purity chemicals, by Research and analytical labo- ratories, for their own use, provided the c.if. value of such goods imported at any one time shall not exceed two hundred and fifty rupees.

NOTE.—The payment in respect of the goods imported under this sub-clause, other than those received as gifts will be remittable through authorised dealer in foreign exchange.

12. Repeals.—The orders contained in the notifications specified In Schedule TV are hereby repealed:

Provided that any thing done or any action taken, Including any appointment made or licence Issued under any of the aforesaid Orders, shall be deemed to have been donm or taken under the corresponding provision of this Order.

(PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/189

SCHEDULE I

(See clause 3)

NOTE.—Each entry in column (2) has the same meaning as in the item of the First

"Schedule to the Indian Tariff Act, 1934 (XXXII of 1934), specified against it In column

<(3) being the item which applie* wholly or in part, to the entry in column (2).

PART I

N a me of article

Serial 3STo.

Item of the First Schedule to Indian Tariff Act, 1934

2

I

3

28 and 70(1)

1 Calcium Molybdatc, Molyte and other Molybdenvm

products.

2 Ferro-Tungsten

• 63(i)

Ferro Molybdenum * • • • >•

• 63(1)

3

• 63(1)

Ferro-Vanadlum

A

Ferro-Titanium

. 63(1)

5

•6 Ferro-Phosphorus . . . . ••

. 63C1)

F e r r a - C j l a m b i um (also known as ferro-niobium)

. 63(1)

7

8

• 63(1)

Ferro-Seleniurn

Ferro-Silicon

. . . . ..

• 63(35)

9

Ferro-Chrome

. 63(1)

*o

Refined Ferro-Manganesc . . . . ..

• 63W

(a) All grade* below 3% Carbon

(ft) All grades of 3% and above Carbon

Silico-Manganese

~f2

• 63(1)

Sllico-Spiegel

. 63(1)

13

Ferro-SMicon Zirconium and F e r ro Boran .

, 63(l>

•14

(0 Forro-Silicon Zirconium"!

(B) Ferro Boran . . J

303/19° T HE GAZETl'E OF INDIA EXTRAORDINARY [PART I-SEC. 1J

2

}

3

Iron or steel an^lc, channel, tee, flat beam or joist, zed, 63(2)

15

trough and piling.

(a) Iron or steel rounds, rods, squares, hexagons and other ") 63(3), 63(14), 16

sections and shapes and whether black or bright )• 63(19X6(20), 63 (fr) High speed, alloy and carbon tool steel sections, stain- J (25) and 63(30)' less and heat resisting steels.

t6-A Bright M. S. and Free Cutting quality (high sulphur and/or Led—loy) Bart, Rounds, RodB, Squares, Hexagons, Octagons and Flats and other sections including Steel Shaftings (Reeled), Bright drawn) turned and polished bars.

17

63(6), 63(7), 63(17), 63(18)*

and 72(3).

Iron and steel pipes and tubes and fittings therefor Inclu- ding valves and boiler tubes cut to shape and size, and unscrewed mild steel tubes qr cycle frames in lengths and cut to size, but excluding non-ferrous pipe fittings, flexible metallic tubes, and brass/copper coated tubes.

("") Iron and steel valves, strainers and hydrants and

parts thereof

(t%) (a) Boiler, tubes in full length pr cut to shape

and size.

(i) Cast Iron pressure pipes and specials

(c) Oil line pipes and tubes

(d) Steel/Wrought Iron Pressure Pipes and tubes (coated or uncoatcd) excluding stainless steel tubes.

(e) Mechanical tubing welded including mild steel

tubes • for cycle frames in lengths cut to-size

(/) Mechanical tubing (seamless)

(#) Stainless eteel pipes • and tubes

(m) Pipes or tubes flexible, for passing gas or fluid

under pressure and telescopic flush pipes

(in) (a) Wrought Iron Steel pipe fittings n.o.s.

(i) Other steel pipe fittings, n.o.s.

Iron or steel plates, medium plates", sole' plafes," tcrne

18

63(7), 63(i9> and 63(20).

plates, black plates, silver finished plates including cast iron • and plates.

Steel ingots and iron or steel, blooms, billets end slabs

63(8) excluding pieces of less thnn 1-2 inches square or thick.

[PART I-SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3 0 3 / 1 9!

I

2

3

20

63(9) 63(28),63(3O) Iron and Steel structures, fabricated partially or wholly if made mainly or wholly of iron or steel bars, sections, plates or sheets for the construction of buildings and colliery arches or pit props and parts thereof.

21 Steel tinplates and tinned sheets, including tin taggers 63(10) and cuttings of such plates, sheets or taggers.

22

63(12^63(13), 65(5) 75(0 Iron and Steel bolts, nuts. Bet screws, machine screws and machine studs but excluding bolts, nuts and screws adapted for use on cycles 1

(a) Machine screws, Set screws, and Machine studs.

(b) Others

64 (14) and 63 (:4). 23 ron and steel hcots and strips |

Iron and Steel rivets and bifurcetcii rivet6 :—

63d5) 24

(a) Bifurcated rivets

(b) Tinmen's rivets

(c) Others

63(16) 25 Iron and steel roofing nails, k.k. nails, rose nails, horse and bullock shoe nails, dowel nails, chair nails, clout nails, boat nails, panel pins and washers, all sortB, not otheriwse specified

(a) Panel pins of size 1* and bclov

(b) Panel pins of over 1* Bize {i.e., wire nailB)

(c) Deleted

(d) Others

26 (0 Iron and steel sheets, less than 3 nun, coated and I D- "1 coaled, galvanised, cellactite, including} tinmile Black 1 Plates and

>63(2O),63(28) (11) High Silicon Electrical Steel sheets, excluding | and 63(31) laminations, Stampings and punchigs.

j

Iron or steel rails, sleeperE or fish plates for reilvi'syc flr.d 63(21), 63(22) and 27

tramways; Dog spikes, chain tpilcstio s my spikes 63(23) (i.e., Rail-way fittings other then Fifh Plaies),

Malleable Iron Caslirge inckdirg ir.allestle iron pipe 63(22) 28

fittings etc.

Iron or Steel wire repct 01 wire su^rc' (strtr.cV viic) 63(24) 29

303/192 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. I]

1

3

Iron or steel wire whether plain or barbed (excluding 63(34X63 (25),

3°

uncoated electrodes)

63(32)]

Iron or steel wire nails

3t

63(35)

Deleted

33

Deleted

33

Iron or steol wire rods coated or uncoated (excluding

34

electrodes)

"3(3). 63(25)

and 63(28)

Iron "and Steel wire netting:

. . .

63(28)

35

(a) Iron and Steel wire, netting of all sorts (exclu-

ding Stalnlesi) Steel wire netting)

(i) Stainless Steel wire netting

35-AIron and S tod welded fabrics (other than bar and rod) spe- 63(26)

cially designed for rho reinforcement of concrete.

3" Iron or steel wire chain link fencings wire mash wire staples (excluling mi-hine staples) and box and shoe grindery :

63(16)

63(25)

63fa8), 2o3 n.%

23(3) and 87.

(a) Wire chain link fencing

(5) Iron or steel stapling wire, including copper coated

stapling wire galvanised or black (excluding machine Btaples)

(c) Boot and shoe grindery, the following namely:

(0 Machine tacks

(it) Tacks anchor for shoes (for use on machines)

(fit) Plugs tlpi flange

(w) Wire required for lasting of boots and shoe*

(v) Slugging wire

(OT) Rand and tacking wire

(t>w) Milled lacking wire

(vffi) Screwing wire

(t") Auto"oler wire

(x) Rivet* for shoes

(*0 Nail* for fixing heel tips and toe plates

{PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/193

1

3

3

(xii) Nails for fixing rubber

(MM) Buckets for shoes

(wiO Heel tips

(xv) Toe plates

Owi) Light cut hand tacka for shoes and tingles for

shoes

(xoii) Blue cut and/or Bright cut tacks

(xoiii) Heel pins

(xix) Iron or steel Bhoe eyelets including those

enamelled or celluloid dipped (but exclu-

ding brass shoe eyelets) and hooks for boot

ana shoes.

(xx) Cutlan nails, bills, hobs, stud, pronged

protectors (but excluding heel tips and toe

plates and spikes for boots and shoes.)

(xxi) .Steel shoe shanks

(ww'O Grooved Tacks

(rf) Wire Mesh

(0 Others

Shell steel

63(28)

37

63(11) and 63(28)

38 Iron castings (unmachined) and Iron and steel chain* all sorts, including ship chains but excluding all types of transmission chains;

(a) Ship chains, the following, namely :—

(i) Wrought iron or steel stud link chains for

anchoring

(ft) Wrought iron or steel long link chains used for keeping

Derrick in position

(6) Iron and steel chains, all sorts assessable under ltemi

63 (11) and 63 (28) of the I.C.T. excluding chain* for

automobiles and cycles whether cut to length or in

rolls, and also excluding ship chains covered by S. No.

(fi) Iron casting (umnichlned).

3O3/IQ4 T HE < >A Z E T TE OF INDIA EXTRAORDINARY [PART I^SEC. I]

I

2

3

63(28)

39 Steel die blocks.

63(28)

Unmachincd steel castings

39-A

63(28)

Unmachined steel forgings including forged steel balls

40

. Old Iron and steel, Including defective cuttings and 63

40-A

remelting scrap.

64,64(3),64(4),64(5>.

41

72(2) and 72 (3) Copper, wrought including the following, viz., rod, section, strip, tape, foil, pipe, sheet including highly polished sheet specially prepared for making process blocks, lithographic sheets and the following manufactures, viz., copper perforated sheets and sheet cut to size, tubes, rods and pipes cut to shape end size.

(i) Copper, wrought in the following forms, vix., tape, foil, highly polished sheet specially prepared for making process blocks, lithographic sheet and copper perforated

sheet.

(it) Copper wrought in the following forms, viz., rods, sections, pipes, tubes, plates, sheets, circles and strips in coiled form or straight length cut to shape and size.

(fit) Copper flexible pipes or tubes, for passing ga" or

fluid under pressure.

Copper scrap whether ingotted or otherwise.

64(1)

Lead wrought including the following viz., pipes, tubes, 67, 67(1) ard 67(2/!

43

foil, wire and sheets including sheet for tea chests.

43-A Lead ingot, pigs and lead scrap.

67(3)

43-B Antimonial lead in the ingot and wrought form including 70(1)

the following, viz., pipes, tubes and sheets.

44 Zinc or spelter unwrought including ma2ak alloys of zinc 68,68(l),68(2),68(3i) and aluminium containing not less than 94 percent zinc 73(2) mud 72(3) zinc drosj, dust, ashes and zinc in the1 form of ingots, cakes, tileu, slabs, plate and granulations including all forms of zinc scrap, zinc wrought including wire, rods, sections, sheets including highly polished sheets es- pecially prepared for making process . blocks, litho- graphic sheets. and ..the follqwing manufactures, viz., zinc perforated sheets cut to,size,

(a) Zinc or spelter, unwrought in the .form of ingotsj

cakes, tiles and slabs.

[PART I-SEC. I] THE GA7.ETT1:", OF INDIA EXTRAORDINARY 303/195

I

2

3

Q>) Zinc scrap, zinc dross and zinc ashes.

(c) Zinc granulations and dust.

(i) Zinc wrought including wire rods, section, plain sheets (including perforated sheets cut to size and shape).

(d)I(0 Photo engravers' zinc sheets including highly

polished quality.

(ii) Lithographic- zinc .ihcei:s,'pliii;s for offset

printing.

(f) Others

"1 69 and 69(1) 45 (a) Tin block ;ind tin scrap (A) Tin plate scrap

f

45-A [JTin wrought, including (he following viz., foil and wire 70(1)

45-B ^White metal (antifriction metal), solders (includi ng cored) 69(2)

and printing metals.

(0 Brass, bronze and similar alloys wrought including the ] 65,7a, 7o(A), 70 (4) it

following viz., wire, rod, section, sheet, pipe, tube; 70(6) and 72(3) unwrought and in the form of ingot and scrap whether

ingotied or otherwise and the following manufactures, 1 vis., perforated .sheets, sheets cut to size and pipe, rod V and tube cut to shape and size including manufactures I of nickel alloys and nickel chrome alloys but exclu-

ing chemical or imitation gold. J

(I'O Nickel base alloys and Nickel chrome alloys including

manufactures and scraps thereof.

(a) Brass, bronze and similar alloys, unwrought and in the form of ingot and scrap whether ingotted or otherwise and the following manufactures, viz., perforated sheets.

f(6) Nickel "base alloys and nickel chrome alloys inclu-

ding manufactures and scraps thereof.

>(

the following viz., wire, rod, section sheet, pipe and tube and the following manufactures, viz., rod and tube cut ro shape and size but excluding chemi- cals or imitation gold.

(d) Bronze flexible Pipes or tubes for passing gas or

fluid'under pressure.

64(2)

47 Copper, unwrought in the form of ingots, blooms, slabs, cakes, tiles, bricks, blocks, billet cathodes, blister bars, electrolytic wire bars and ingot bars.

303/196 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

I

2

3

47-A

70(0,70(2) and 70(3) Antimony ingot rcguhis and star metal

48

65(1) and 70(1) Nickel including Nickel scrap in all forms excluding manufactures thereof but including nickel pellets and nickel anodes.

70(1)

49 All copper baac alloys Including Phosphor copper and cupronickel and scrap of such alloys in all forms but excluding all manufactures.

Monel metal unwrought

70(1)

50

Tungsten metal in all forms including alloys, all manufac-

51

70(1)

tures, semis and products thereof.

Molybdenum metal in all forms including alloys, all 70(1)

52

manufactures, Bcmis and products thereof.

70(1) and 87 53 (a) Calcium-Manganese Silicon (b) Calcium Suicide

\ /

Iron and steel screws, all sorts, including gimlet points

54

63(33) and (71) (a) Wood screw of the following description :—

1. Countersunk Head Wood screws lathe pointed

2. Galvanised Cone Head Roofing Screws.

3. Galvanised Cone Head Cutter Wood Screws

4. Galvanised Mush Room Head Cutter Wood Screws.

5. Large Head Coffin Screws.

6. Square Head Coffin Screws.

7. Dowell Screw.

8. Laying-in-Screws.

9. Phillips Recessed Wood Screws.

(i) Wood screws of the types specified below :—

1. Counter sunk Head Wood screws.

2. Counter sunk Head Household assortment.

3. Counter Sunk Head wormed to head.

4. Round Head Wood Screws.

5. Raised Head Wood Screws.

6. Cheese Head Wood Screws.

(c) Iron and Steel Screws of the following descriotion :-

1, Coach, Screws, Square and Hexagonal Head.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 0 3 / 1 97

I

3

(2) Self-Tapping Screws (Sheet Metal Screws)

including Hammer Drive Screws.

(d) Leaves for leaf springs

Steel earth wire for electric installations

55

72(3)

CO Earthwire (stranded)

("'O Steel earthwire for hydro-electric installations.

Rolling rollB for steel works (whether of cast iron, cast

55-A

72(3)

steel or forged).

74

56 Fabricated iron and steel sheets, for the construction of coal tubs and fabricated galvanised iron sheets for roofing railway wagons.

Iron and steel tyres, axles, wheels and buffers for locomotives 72(3), 74,[74(i),[74(3}1 57

wagons and carriage whether for railway or tramways, and iron or steel railway or 75 and 75(4) tramways springs, whether laminated or colied.

(a) Iron or steel tyres, axles and wheels.

(ft) Iron or 6teel buffers for locomotives, wagons and

carriages, whether for railways or tramways.

(c) Railways or tramways coiled springs.

(d) Railways or tramways springs laminated.

(") Industrial coil springB and formed springs including

precision springs.

58 Locomotive pistons, rods and motion parts

72 and 72(3)

59 Pig iron

63(4)

PART 11

1 L ry battery wax, red and[ black, wooden separators and 15, 73(7) and 87 sealing compounds for batteries and accumulators—

(a) Wooden separators.

(i) D ry battery wax, red, black, etc.

2 Deleted.

3 Raw Manila hemp (Fibre) . . ..

. 46(4)(o)

4 Raw hemp excluding raw Manila hemp (Fibre)

. 46(4)

3 0 3 / 1 98 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. I]

I

2

3

PART 11—Mtitd.

Raw sisal fibre.

46(5)

5 6 A l oe F i b re . . . . . . ..

S i s al y a rn . .. . . ..

7

46(5) 53

P A C K I NG A ND J O I N T I NG M A T E R I A LS

\sbest03 manufactures, not otherwise specified

7-A

58(i)

(a) Asbestos yarn, packings, Rope lagging and'nsbestos

textile products, all sorts.

(b) Compressed Asbestos Fibre jointing sheets, mill

board, Ferrobestos.

(c) Asbestos based products for electrical insulation

and products not otherwise specified.

7-B ?ackinii engines and boilers all sorts, not otherwise

58(2)

specified.

7-C j Steam pneumatic and hydraulic packings for all

72(3)

machinery.

8 R e a d y m a de b o i l er p a c k i ng

. . ..

72(3)

METALS AND MANUFACTURES THEREOF

63(1) to 63(28)

Iron and steel, and articles made thereof excepting those covered by Parts I, IV, V and VI of this Schedule (including coated and uncoated electrodes both rod and wire) and including non-ferrous pipe fittings, telescopic flush tubes, brass/copper coated tubes but excluding old iron and steel and articles made thereof ;

(a) Machined Steel bolls above 9/16* dia.

(b) Machined Steel balls 9/16' dia and below,

(c) Unmachined Steel Balls.

{d) (0 Coated or uncoated arc welding electrodes.

(ft) Iron or steel coated and uncoated rods, wire, foils

and atrip for gas welding and brazing.

(") Steel drums and barrels.

(}) Welded wire mesh.

(f) Others.

10 Manufactures of copper, excluding scrap and those men-

64

tioned in Part I of the Schedule :

(a) Rods, wire, foil and strip made of copper for gas

welding and brazing.

(b) Copper wire (other than bare hard drawn electroly-

tic copper wire).

Cc) Others including copper powder.

11 German Silver (including nickel silver) including semi-

manufactures and scraps thereof.

Aluminium circles, sheets, strips and other manufactures,

12

66

not otherwise specified.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/199

2

3 I

66(1) and 66(2).

Aluminium in any crude form, including ingots, hari,

13

blocks, slabs, billets, shots and pellets.

Deleted.

14

15

68

Zinc or spelter, manufactures, not otherwise specified, excluding scraps, and those mentioned in Part I of this Schedule.

70 and 70(6).

16 Manufactures of brass, bronze and similar alloys not other- wise specified excluding scrap and chemicals or imitation gold and those mentioned in Part I of the Schedule :

(a) Electrodes made of brass, bronze and other similar alloys and rods, foil, wire and strip, made of brass, bronze and other similar alloys for gas welding and brazing.

(b) Sintered Bronze, self-lubricating Bushes and Bearings

(popularly known as Oilite Bushes').

(c) Other sintered metal parts/components.

(i) Others.

70(1), 70(7), 70(8)

and 70(9) All sort of metals and alloys other than Iron and Steel and manufactures thereof, not otherwise specified excluding those mentioned in Parts I, IV, V and VI of the Schedule.

(0) (t) Cadmium, cobalt, manganese, magnesium, bismuth^ chromium, vanadium and other virgin non-ferrous metals not otherwise specified and manufactures thereof including Nickel manufactures and also including monel metal manufactures. Dental silver alloy in I and 5 02. packing, aluminium lead- winged, glazing bars and magnesium powder, but excluding non-ferrous semi-manufactures and alloys and also excluding Electrodes, rod, foil, wire and strips for gas welding and brazing made of alloys not otherwise specified.

(tf) All non-ferrous welding electrodes/rods/wires/ strips/foil/special shapes made of pure metals or alloys thereof, for purpose of gas welding and brazing.

(M) Non-ferrous electroplatitLg Anodes of all non- ferrous metals like Nickel, Cadmium, Chromium, Bismuth, Copper, Zinc, Lead, Tin, Antimony, etc.

\(b) Non-ferrous resistance alloys and bl-metal semi- manufactures like rods, strips, wires, foils etc.

(c) Aluminium alloy items (other than those used in air- craft construction) containing not more than 99% of aluminium in the form of plates, sheets, circles, strips, rods, bars, tubes, sections, wires and rivers.

A9G. of I. Ex.—15

3O3/2OO l HE GAZEI 1 K OF INDIA EXTRAORDINARY [PART I—SEC. 1]

I

z

3

17—contd.

S. No.

(d) Aluminium scrap.

(#) Others.

18 Racks for withering of tea leaves . . . .. 7'/6)

BEARINGS

(I) Ball Bearings—

71, 72(3)1 72(35) 10-

i"

72(38)-

(0 Ball bearings of 1* bore (internal) diameter and

below as specified in Appendix 14(1X3) and i4(i)(W-

(U) Ball bearings of 1' bore (internal) diameter and

below other than those specified in Appendix 14(1)

(a) and 14(1X6).

(W) Ball bearings above 1" bore (internal) diameter

upto and including 2* bore (internal) diameter as

specified in Appendix 14(2) (a) and 14(2) (6).

(fa) Ball bearings above I'bore (internal) diameter and upto

2- bore (internal) diameter other than those specified

in Appendix 14(2) (a) and 14(2) (6).

(v) Ball bearings above 2" and bore (internal) diameter

and upto and Including 3' bore (internal) dia. as

specified in Appendix 14 (3) (a) and 14(3) (6).

(wi) Ball bearings above 2* bore (internal) diameter and

upto and including 3' bore (internal) diameter other

than those specified in Appendix 14 (3) (a)

and 14 (3) (*).

(vii) Ball bearings above 3" bore (internal) diameter

•s specified in Appendix 14 (4) (a) and 14 (4) (&).

(nil) Ball bearings above 3' bore (internal) diameter

other than those specified in Appendix 14 (4)(u)

and 14(4) (b).

(ix) Component parts of ball bearings not otherwise

specified.

(2) (i) Roller bearings including needle roller bearings

72(3), 72(38) and-

19

and needle roller assemblies.

75(")-

(") Cylindrical roller bearings as specified in Appendix

14 (5)-

(l>) Cylindrical roller bearings other than those specified

in Appendix 14 (5).

7I,72(3).72(38) and:

(if) Component parts of roller bearings, needle

roller bearings, needle roller assemblies, including

accessories, BUCh as rollers, needle roller*, BIMVOS,

nuts tnd washera.

75(ii).

[PAHT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/20I

I

2

3

19—ccnTd.

S. No.

(3X0 (a) Taptfr roller bearings as specified in Appen- 71. 72(3), 75(4). 7 5 ( II 5 dix 14 (6).

(i) Taper roller bearings other than those specified

in Appendix 14 (6).

(11) Component parts of Taper roller bearings

?i, 72(3), 75(4) ""d

75d i)-

SMALL TOOLS AND HAND TOOLS

20 (l) Metal-working tools :

71 & 72(3).

(a) Tools and cutters tipped with either Tungsten Carbide or Stellito solid or Ceramic or other oxide tips (including inserted types) and spare tips and bits thereof excluding tools, tips and bits made out of steel which fall under S. No. 20 (i)CWII or S. No. 2O(i)(<0/II.

(b) Milling Cutters, Gear Cutters,End Mills, Slitting Saws, taps, dies and other thread forming tools.

(c) Metal working saws (including powder operated hacksaw blades), wire, tube and bar drawing dies and nibs or pellets and other metal [ •working tools (machine worked) not specified elsewhere.

(2) wood-working tools :

71 & 72(3).

(dXO Circular saws, inclusive of inserted Pblade types.

(ii) Wood working band saws.

(in) Other machine worked saws.

.i) Machine worked cutters including all machine

worked wood-working tools not elsewhere sepcified.

(3) The following hand tools :

71 & 72(3)-

(a) (t) Files and Rasps

(ii) Emery wheel dressers and cutters,

(in) Glass cutting or writing diamond tools.

(i>) CO Tube expanders, Hand saws other than fret or

piercing saws.

(it) Hacksaw blades.

(lii) Fret or piercing saws and coping saws.

303/202 1 HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SBO. 1]

3

20 PRECISION AND MEASURING TOOLS

21 •L2 33

[PAKT 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/203

2

I

3

30(10) and 87.

Carborundum files, abrasive bricks, emery powder, emery

grain, emery cloth, emery paper, abrasive grain and carborundum powder—

(a) Emery fillets.

(b) Crocus puperand emery polishing papers of standard

micron gradings,

(c) Water proof abrasive paper and cloth.

(if) Emery grain> emery powder, abrasive and carborun-

dum grain and powder.

(") Others.

CRUCIBLES

26   (1)  Graphite  Crucibles  for  pit  furnaces
     (2)  Graphite Crucibles including covers, muffles  rings and      72(c)  and  87.
            stands  for  tilting  furnaces.
     (3)  Silicon  Carbide  Crucibles  for pit  fired  furnaces        &7
     (4)  Silicon  Carbide  Ciucibles  for  tiltintf  furnaces         7i(c;  and  87.

BELTING

Uclr c e m e nt

. ..

.

27

32C3).

-A B e lt d r e s s i ng . ..

. ..

27

32(1) and 33.

H e l l i ng f or m a c h i n e ry a ll s o r t s, i n c l u d i ng b e lt l a c es a nd 50(?), 72 and 72(13\ b e lt f a s t en o rs :—

(1) Leather laces

(2) Leaiher billing

(3) Deleted.

(4) V-Belts, V-Helts endless—made of leather or

rubber.

(5) Hair Belting.

(6) Cotton belting, cotton rubberised belting, cotton

bituminised belting.

(7) Spindle tape.

2

I

3

30

[PART I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDfNARY 3Ol/.1o5

I

I

3

-3. No. 30—contd.

(ii) Air cleaners.

(iii) Others.

Petrol, Gas and Kerosene engines of the types (excludin 72 (a) and 72 (3) 3<

automobile units) and component pans thereof except spare parts for petrol internal combustion engines of rood vehicular type:—

(a) Complete engines-

(6) Parts thereof.

(c) (i) Out-board motors upto and including 5 H.P.

(ii) Out-board motors above ; H.P.

Motors and Generators of any type or design and compo-

nent parts thereof—

72 (b), p (3) and 72 (n)

(a) Fractional horse power motors (including motors up to

one H.P.) suitable for D.C. supply or single phase.

(6) A.C. 3 phase, squirrel cage motors upto 30 H.P. conforming to details of construction and design as given below and slipring motor* fromToto3oH.P.i—

(") Type-Standard High Torque (including loom

motors) smooth acceleration.

(ii) Voltage—200—;jo.

{iii) Spindle—Horizontal or vertical.

(it)) Enclosure—Screen pro-protcctcd/drip-proof total-

ly enclosed (including fan cooled).

(c) Motors of the types mentioned in (b) above but from

31 H.P. tosoH-P.

(d) Other types of motors.

(") Paris of Motors.

if) Electric Generator*.

(g) Generating Sett.

(A) Parts of Gcnertttoih.

33

71 (b), 72 U)"72(3)ji and 73.

Pneumatic plants consisting of Prime movers and auxiliary equipment including parts thereof and portable electric tools and parts thereof.

Industrial Exhaust Fans and Blowers.

33-A;

72 (b), 72 (3^73(6) and 73 (18).

303/206 l l lE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

2

I

3

72 (b), 72 (3) and 72 (6) 33-B Compressors air or gas portable or stationary but not being imported as an Integral part of any spray painting or re- frigerating or air-conditioning equipment or as com- ponent parts of any engine.

Power driven pumps and component Darts thereof exclud- 72 (b), 72 (3) and.

34

ing trailer pumps:—

72(6)

(a) (0 Special pumps for fused caustic soda or acids.

(it) Vacuum pumps electric cither complete with or without base plate and motor of capacity not exceeding 1/2H. P, foruseinlaboratoryprovided the motor is not of the prohibited type.

(b) Power driven pumps and pumping sets driven either by internal combustion engines or by electric motors or by any other source of power.

(c) Spare parts ofpower driven pumps excluding trailer

pumps

Polishing bobs and wheels, scratch brushes and scouring 72 (3) and 72 (6), 34-A.

brushes which are component parts of pol i shing machines.

Manual operated pumps and component parts excluding

35

stirrup pumps: —

(a) Petrol and oil pumps and parts thereof.

(6) Other types of hand pumps.

(c) Parts.

36

The following articles of machinery not otherwise specified in this schedule when required for jute industry, hemp industry, tea industryj iron and steel production work, electric supply undertakings and mines and quarries:—

72 (a)'.

(1) Prime movers, boilers, locomotive engines and ten- ders for the same, portable engines (including fire engines) and other machines, in which the prime mover is not scparatable from the operative parts.

7Kb)

(2) Machines and set of machines to be worked by elec- tric^ team,water, fire or other power not being manual or animal labour or which before being brought into UBC requirestobefixedwithreferencetoother moving, parts.

72 CO-

(3) Apparatus and appliances not to be operated by man- ual or animal labour which are designed for use in an industrialsystem as parts indispensableforits opera- tion "nd have been given for that purpose same special shape or quality which would not be essential for their use for any other purpose.

[PART I-SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/207

I

2

3

72 (d)

(4) Control gear (other than electric self acting or other- wise) and transmission gear (other than electric) designed for use with any machinery above specified including driving chains, but excluding driving ropes not made of cotton and belting.

72(3)

(5) Component parts as defined in Import Tariff item No. 72(3) of machinery spccifiedinclauses(i),(2),(3) and (4) above excluding those covered by Serial No. 68 of Part V of this Schedule.

72(6)

((>) Machines or parts of machines to be worked by manual or animal labour, not otherwise speeded and any machines (except) such as are designed to be used exclusively in industrial processes which require for their operation leas than one quar- ter of one brake horse power excluding typewriters and sewing machines and parts thereof, duplicators of all types and also excluding those machines and/or parts thereof which are included in Appendix 35.

36-B

I (1)

The following hardware, iron mongery and tools, namely agricultural implements, nototherwise specified and

pruning knives and pacts thereof:—

(a) Pruning knives.

(b) Tungston carbide/tipped spares for mining and othei r

Industrie' machinery.

(c) Others.

72 (1), 72 (3) and, 37(1)

72 (40)

The following textile machinery and apparatus by whatever power operated when required for jute and hemp textile industries, namely, healds; heald cords and heald knitting needles ; reeds and shuttles ; warp and weft preparation machinery and looms ; bobbins ; dobbies ; jacquard machines ; jacquarcd harness linen cords ; jacquard cards ; punching plates for jacquared cards ; warping mills ; multiple box sleys ; solid border sleys ; tape sleys; swive) Bleysi tape looms ; heald knitting machines ; dobby cards lat ices and tags for dobbies ; sizing ma- chines ; doubling machines ; cone winding machines j piano card cutting machines ; harness building frames; card lacing frames ; drawing and denting hooks -f sewing thread ball making machines ; cumbli finishing ma- chinery ; hank boilers; mail eyes lingoes; take up motions; temples and pickers ; picking bands; picking sticks; printing m achines:—

(a) Jute bobbins.

(Jb) Pickers.

(e) Shuttles.

(d) Picking bands.

(*0 Picking sticks.

303/208 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

I

3

(J) Other Jute Mill Stores covered by this Serial No.

37(1)

72(3)

Component parts as defined in Import Tarifl Item No. 72(3)

of machinery specified in clause (1) above, excluding

those covered by S. No. 68 of Part V of this Schedule.

The following component part3 of machinery when required

37-A

72(3)

for the Railways :—

Component parts, not otherwise specified in this Sche-

dule of Machinery as defined in item 72 (a) of the first

Schedule to the Indian Tarifl Act, 1934 namely, such

parts only as are essential for the working of the ma-

chines or apparatus and have been given for that

purpose some special shape or quality which would

not be essential for their use for any other purpose

and excluding articles covered by Part VI of thl"

Schedule. Provided that the articles which do not

satisfy this condition shall also be deemed to be com-

ponent parts of the machine to which they belong if

they are essential to its operation and are imported

with it in such quantities as may appear to the Col-

lector of Customs to be reasonable

ELECTRICAL GOODS

Electric insulation including Press pahn (electrical grade)

45. 73-82 (5) and 87

38

but excluding ebonite rods, tubes and sheets.

60 (2) and 60 (5) and

Electric Bulbs not otherwise specified:

38-A

73

(a) General lighting service lamps upto 1,000 watts in all

finishes including frosted, inside white opal and day

light blue.

(i>) All types of train lighting and cablight lamp*.

(c) Studio electric and projector bulb*.

(d) Floureacent tube*.

(") Motor car lamps.

(0 Auto bulb*, all torts.

(it) Sealed beam units all types.

(J) Other lamps.

9. The following electrical instruments and accessories:—

71, 72 (2)1 72 (3),

73. 73 ( 0. 73 (5).

73 (16) and 77 (a)

(a) Indicating Switch Board and Controller Mounting

Instruments (Volmeter*, Ammeters, Wattmeters,

Power Factor Meter*, Frequency Meters, Synchro-

scopes), Recording instruments, Permanent fixing

recording Volt metres, Ammeter*) Wattmeters,

Maximum Demand Meter, Instrument Transfor-

mer*.

[PART 1—Smo. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 0 3 , 2 09

I

2

3

39

(ft) (j) Portable Instruments (Portable moving coil

and moving Iron Voltmeters, Ammeters, Watt-

meters, Power Factor Meters, Frequency Me-

ters), Insulation Testers, and Accessories, Oh-

meters, Capacity Meters, Wheat stone Bridge,

Fault Locating Sets, Potentiometers, Time

Switches, G.P.O. Detectors, Standard Acces-

sories such as Connecting Leads,, Compensating

Leads, Standard Cells, Resistance Boxes and

Galvanometers for use with instruments.

(it) Hous t Service meters A.C. and D.C. of any capa-

city

(Hi) Thermocouples and pyrometer.

(c) Industrial and street light fittings and flood lights,

electrical wiring accessories] conduit accessories, bell

wiring accessories (excluding wiio).

Cable accessories . . . . . ..

.40

72 (3) and 73

Deleted.

72 (c) and 72 (3)

Synthetic graphite and amorphous carbon electrodes as

used in electric furnaces for production of Iron, Steel

Ferro alloy and non-ferrous metals, Synthetic graphite

and amrphous > carbon electrodes for use In electrolytic

processes, electrodes paste and carbon furnace (Liner)

Blocks for use in electric furnaces.

42 Electric control gear and electric transmission gear:—

72 (d) and 72 (39)

(a) Power and Distribution Transformers of ratings

up to 20,000 KVA and 132 KV on the H.T. side.

(6) Lightning arrestors, high voltage Fuses and protective

relays.

(c) Electric motoi starters.

id) Power and Distribution Transformers of ratings

not covered by S. No. 42(a)/II and components and

accessories of all types of transformers falling under

S . N 0 . 42 (a)/II and 42 (A)/II t.g., oil coolers,

radiators, bucnoly, relays, etc.

<#) Metal clad (or otherwise clad) switches and switch

fuse units and metal clad (or otherwise clad) cut-outs.

(f) Air and oil circuit breakers upto 660 volts and cubi-

cal* and 'panels' Incorporating these

(g) Air and oil circuit breakers, minimum ]oil and air

blast circuit breakers above 660 volts and up to 220

KV and cubical* and panels incorporating these ,

303/210 THE GAZETTE OF INDIA EXTRAORDINARY LP AM 1-SEC- 1]

I

3

42 (*) Other*

43

7Jtc), 72(12) & 73(19).-

Bare hard drawn electrolytic copper wires and cables and

electrical wires and cables of other metals and alloys.,

whether insulated or not, n.o.s. and poleSj troughs, con-

duits, and insulators designed as parts of a transmission

system and.thejittinfts thereof and also flexible metallic

tubes 1

(a) Bare electrical conductors (cables, wires and strips)

of topper aluminium or any other material.

(i) Steel tubular poles

(c) Flexible metallic tubes designed as part of electric

transmission system

(d) Insulated (plastic, paper or other material) power

cable*

(e) High tension insulators

(/) Conduits

(g) Mining cables & Railway signalling cables

(h) OthewJ

Bloctric fans, table and ceiling and parts thereof— T 3(18)

44

(a) Ceiling fans and parts . . . .. ^73(1) and

(A) Table fans complete . . . , , j 72(12;

43 The following electrical instruments, apparatus and appli- ances excluding automatic blackout control switches, and parts thereof not otherwise specified namely—

Electrical Control Gear, and Transmission Gear, namely, switches (excluding switch boards) fuses and current breaking devices of all sorts and description designed for use In circuits of less than ten amperes and at a pres- sure not exceeding 250 volts; and regulators for use with motors designed to consume less than 187 watts; bare or insulated copper wires and cablet any one core of which not being one specially designed as a pilot core has a sectional area of less than one eightieth part of a square inch and wires and cables of other metals of not more than equivalent conductivity and line insula- tors i eluding also cleats, connectors leading in lubes and the like, of types and sizes such as are ordinarily used in connection with the transmission of power for other thnn industrial purposes and the fitting* thereof but excluding electrical eaithware and porcelain otherwise specified.

[PAST I -M 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/211

3 T

2

43 (a) Insulated (plastic, Rubber, paper Textile or other materials) cables and wires other than those coming under 43 (d)/TI and 45 (c)/II and flexible cords.

(A) Metal clad or otherwise clad switches excluding switches falling under S.No. 39/11, switch fuse unhs and metals (or otherwise) clad cut-outs.

(0 Enamelled copper winding wires, (ii) Enamelled or insulated strips.

(c) Resistance wires

46

73(2), 73(8) and

73(14)

The following Electrical Instruments, apparatus and appli- ance, namely, telegraphic and telephonic Instruments apparatus and appliances, not otherwise specified, flash lights, carbons, condensers and bell apparatus and switch boards designed for use In circuits of less than ten amperes and at a pressure not exceeding 250 volts and parts thereof 1

(0) Flash light cases

(6) Carbons

(c) Condensers

(i) Others

46-A Accumulators and batteries, including batterios for motor "chicles, wireless apparatus and train lighting and traction

72. 73(z)> 73(4). 73t7). T3(i5). 75(1) and

75(3).

ia) Motor truck and car batteries (ligbtjbaturles)

<6) Motor truck and car batteries (heavy duty battenei)

(c) Hearing aid batteries

(d) Diaphragms or electrolytic cell"

(") Dry battery for torch bghtu

(f) Ocher type^of accumulators "nd batterlea

73'3)

46-H TeleiCipfiic injtra nsnes and apparatus aad parrs thereof imported by 0; an ier orders of Railways A.dminl9tmion.

3O3/2I2 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC, 1]

I

2

3

Electrical earthenware and porcelain the following,

47

namely :—

(a) Insulators, Shackle Sinclair, Cordeaux or Pin type,

not otherwise specified :—

(0 fitted

(") not fitted

(ft) Two-way cleate

(c) Spacing insulators

(J) Ceiling roses :'—

(0 fitted

(w) not fitted

(") Joint box cut-out :—

(t) fitted

(it) not fitted

48

•8(6)

Rubber insulated copper grid cables no core of which 7 other than one specially designed as a pilot core, has u sectional area of less than one-eightieth part of a square inch, whether made with any additional insulat- ing or covering material or not.

(a) Insulated (plastic, rubber, paper, textile or other materials) cables and wires other than those coming

under S.NOR. 43(d)/H and 45(c)/II and flexible cords,

(i) Others

Electric Exploders

73

48-A

TRANSPORT MATERIALS

74

49 Coal tubs, tipping wagons and the like conveyances designed for use on light rail track if adapted to be worked by manual or animal labour and if made mainly of iron or steel, and component parts thereof made of iron or ateel excluding articles specified in part I of this Schedule.

[PART 1-SF.C. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/213

i

I

3

50

72(4) and 74(2) Railway material for permanent way and rolling Mock) namely., sleepers, other than iron and steel fastenings thereof, bearing plates, chairs, inter-locking apparatus, brakegear, shunting skids, couplings and springs,signals turn tables, weigh bridges, carriages, wagons, iravcrsers, rail removers, scooters, trollies, trucks, also order cranes, water cranes, and water tanks when Imported by or under the orders of a Railway administration. Provided that for the pur- pose of this entry 'Railways' means a line of Railway subject to the provisions of the Indian Railways Act, 1890, and includes a railway constructed in a State, in India and also such tramways as the Central Govern- ment may3 by Notification in Official Gazette, specially include therein. Provided also that articles of machi- nery as defined in i tern No. 72 or 72(3) of the first schedule to the Indian Tariff Act, T934, shall not be deemed to be included hereunder.

Rubber fittings being component parts of railway carriages.

51

74(3).

52 Component parts (other than rubber fittings being com- 74(3>

ponent parts of railway carriages and articles specified in part I of this Schedule of Railway MaterialSj as defined in item No. 74(2) of the first Schedule to ihc Indian Tariff Act, 1934, namely, such puns only as are essential for the working of the Railways and riuve been given for that purpose some special shape or quality which would not be essential for their use for any other purpose. Provided that articles which do not satisfy this condition shall also be deemed to be component parts of the railway materials to which they belong if they are essential to its operation and are imported with it in such quantities as may appear to the Collector of Customs to be reasonable.

MISCELLANEOUS

S a f e ty l a m ps a n d j s p a re p a r t s. . . . ..

33

77

PART 111

1 Sodium Acetate; Sulphate of Alumina (Iron Free), Chro- mium Acetate, Hydrosmlphitc of Soda; Rangolite C or Formosul 'L' SoJium Nitrite; Textile Preservative; Desizing Agents; Levelling Agents; Penetrating Agents; Scouring Agents; Wetting out Agents; Emulsifying Agents; Mordanting Agents; Turkey Red Oil; Oil and Grease Removers; Textiles Oiling Agents; Solvents for Printing Discharging Agents; Anti Reduction Kier Boiling and Softening Agents:—

(a) Hyirosulphite of Soda, Rangolite C (Sodium sulphoxylate Formaldehyde) or Formosul L, Brotasul and/Sodium Nitrite.

(h) Sodium Acetate, Chromium Acetare, Turkey

Red Oil.

3°3/2I4 T HE G A Z E T'rE OF INDIA EXTRAORDINARY [PART 1-Smc. 1]

2

I

3

i. (c) (i) Cation Active, finishing 'agents, Synthetic

Resin finishlg agents

(ii) Optical Whitening Agents.

(MI) Textile preservative (excluding phenol cresol but including their substituted products).

(JD) Delustering agents other than titanium oxide.

(u) Anionic softening agents.

(d) Wetting out, Penetrating, Dispersing, Scouring and Emulsifying agents, water roofing agents, synthetic bleaching agents (other than bleaching powder or hypochlorlte), Industrial Enzymes and dyeing and printing agents excluding synthe- tic resins in any form, solvents used in print- ing process for textiles and non-ionic softening agents and synthetic mordants and Textile Oil- ing agents but excluding Sulphate of Alumina (Iron free):

(0 Wetting out, Penetrating, Dispersing, Scouring

and emulsifying agents.

(it) Industrial Enzymes

(Hi) Water proofing agents.

(v) Dyeing and Printing agenU excluding svnihetic resins in any form, Solvents used in Printing Process for textiles and Non-ionic agents and synthetic mordants and Textile Oiling agents, Organic sequestering agents, but excluding Sulphate of Alumina (Iron free).g

{vf) Sodium Aliginate.

(") Sulphate of Aluminia (Iron free)

(/) Carboxy methyl cellulose>ndits;salts.

I-A Zinc Chloride."

28(8)> 30(13)/]

i -B Dyes derived from coal-tar and coal-tar derivatives used in

any dyeing proccss.]i

30(1), 30(13}, 30(15) and 30(16).

Cotton'raw]

, . ,

46(3)

Cotton'ropeslandlbandings. ,

3

46(3)

4

50(4) & J3 The following articles of machinery not otherwise specified In^this Schedule when required for textile industries other than Jute Hnd Hemp.

[PA*T I-Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/213

i

X

3

72(0)

( I) Prime movers, boilers, locomotive engines and tenders for the same, portable engines (including fire engines) and other machines in which the prime mover is not separable from the operativa part3.

72(b)

U) Machines and sets of machines to be worked by elec- tric, steam, water, fire or other power, not being manual or animal labour or which before being broughtintouseisrequiredtobe fixed with reference to other moving parta:

(a) Wet processing and finishing machinery.

(b) Plating, Stamping, Bundling, Baling and Reeling

machines.

(c) Others.

72(C)

t3) Apparatus and appliances, not to be operatedby manual

or animal labour, which are designed for use in an industrial system as parts, indispensable for its opera- tion and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose.

73(d)

U) Control gear other than electric, self-acting, or other- wise and transmission gear (other than electric) designed for use with any machinery above specified including driving chains but excluding driving ropes not made of cotton and belting.

Component parts, excluding hosiery needles BS defined

<3)

7*0)

in item No. 72(3) of the First Schedule to the Indian Tariff Act, 1934, of machinery specified in clauses (t), (?), (3) and (4) above but excluding those covered by Serial No. 68 of Part V of this Schedule.

(") Machines or parts of machines to be worked by manual 72(b) or animal labour not otherwise specified and any machines (except such as are designed to be used exclu- sively in industrial processes) which require for their operation less than one quarter of one brake horse power excluding typewriters and sewing machines and parts thereof and those articles that are covered by Part VI of this Schedule.

5 (") Thefollowlngtextllemachlneryand apparatus by what- 72(1), 72(4), 7"(93) ever power operated when required for textile industries 72(40) & 7*fb), other than jute and hemp namely:—

Blow-room machinery, Carding Engines, Combers (including Silver Lap Machines, Ribbon Lap Ma- chines, Lap Former), Speed Frames, Draw 1-ramcs, Ring Frames, Warp and Weft Preparatory machinery (Winding machine, Warping machine, Sizing

49 a Ot L Ex.—16

303/216 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-StB. I)

I

a

3

S. No. s(i)—contd.

machine, Pirn winding machine; Drawing-in and

Twisting in machines (Warp tying machine,

Reaching-in machines, etc.) Doubling machines,

looms (all types) Wool Carding, Spinning and

Weaving machinery, Silk Throwing Reeling,

Twisting and Weaving machinery, Waste

Spinning machinery (all types):—

(a) Cottot. heald*

(6) Wlro healds

(1) Stool reeds

to

(ft) Brass reeds

(.iff) All metal reeds.

Shuttle*

Bobbins and pirns

Picker*

Spring buffers

on (•) (/) (/)

Roller skins I

(A)

(0 Sheep roller skins

(iV) Calf roller skins

Picking bands

(0

Picking sticks.

CD

Card clothing and card acceworietl

(*)

Deleted^

(0

(m) Dobbies

Lags and lattice* for dobbiea

(")

Fancy Doubling machines

(o)

Card cans

(^

Dobby names* elastic cords

C")

(r) Head Cord, Heald Knitting needles, Jacquard Har- ness, Linen Cords, Jacquard Cords, lunching Plates for Jacquared Card, Piano Card Cutting machines, harness building frame and Jaoquaro Cardladag frame.

Shed rods

CO

R"bber aprons and rubber cots

(")

\PAXT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY ^c?/2I7

2

I

3

(") Grinding rollers dead or traverse

(t>) Ring Travellers

(w) Others

(2) Component parts as defined in Import Tariff Item No,

4 8 ( c ). 4 8 ( 1) 5

72 (3) of machinery specified under S. No. 5(1) III,

excluding those covered by Serial No, 68 of Part V of

this Schedule.

72(1) & 72(3).

Machine cloth

5-A;

72(10)

6 (a) Knitting machines (Including hosiery machines and

embroidery machines to be worked by manual laboui

r

or Which require for their operation less than one

quarter of brake horse power.

(b) Knitting machines (including hosiery machines and

embroidery machines) which require for their opera-

tion one quarter of brake horse power or more.

(c) Component parts for knitting machines hosiery

machines and embroidery machines falling under (0)

and (6) above (excluding hosiery needles).

PART IV

1 & 1(1).

X Animals, living all iiorts

2 Bacon and Ham, not canned or bottled

1(2)

fish, not otherwiw.' specified

3

Flih, lalted, wet

3(0

4

Fl"h, salted, dry

3(2)

3

Fish unnalted, dry

"

3(3)

Fl"h maws, including slngally and sozile and sharkfin*

3(4)

7

Butter, cheese and ghee

4, 4(4) & 4(5V

8

Powdered milk containing not less than 18 per cent, cream

9

intended for infant feeding

4(1)

Milk condensed or preserved, including milk cream not

10

otherwise specified

4(O&4(")

Coral, unprepared .

5

II

C o w r i es . . . . . . . ••

12

5(D

5(i)

S h e l ls

13

I v o r y, u n m a n u f a c t u r ed . . . . ..

14

3 0 3 / 2 18 THE GAZETTE OF INDIA EXTRAORDINARY [PART I - S i a. 1]

I

a

3

Plants, living, not otherwise tpccifled . . ..

6

15

16

6

Rubber Stumps -4

Potatoes

17

7

18 Vegetable, all soi ,e*cludtng potatoes, fresh, dried, salted or preserved not -therwise specified , , . 7&7(i)

8

*9

30

8

(a) Fruits, all torts, excluding coconuts md cashew nut,

ax

8,8(a),8(3),8C4X&

80)-

fresh, dried, salted or preserved not otherwise speci-

fied and excluding dates :—

(0 Fruits, fresh, all sorts, n.o.s. excluding coconuts.

(*0 Fruits, dried, salted or preserved all sorts, n.o.i.

excluding dates.

(V) D a t es

S(t)

aa C u f f a n ts • • • * •< " ••

Coffee, n ot otherwise specified . . • .

9

33

Coffee, canned or bottled . . . . ..

90)

34

Tea " . , • . . . ""

9"

T he following spices, whether ground or unground,

>5 "5

9(3)

namely;—

(a) Cardamom, Cassia, Cinnamon

(ft) Pepper

Cloves, all sorts, whether ground or unground

9&

37

Nutmegs . . . . . . . ..

28

9(3)

T he following unground spices, o a m d y—

o(4)

(a) M"ce

(ft) ChilUes and'K'Dger

Betelnuts

9(5)

30

Vanilla be"ni

9(6)

31

Grain, n^>^. ith;r>viie apsciflr) i"e'u llfl? broken grains but 10 at ro (a) excluding :lour:

(a) Oatv

(ft) (0 Maize

[PAIT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/2H)

I

3

a,

(11) Barley .

le) (0 Jowar .

(tf) Other*

11

Flour, not otherwise specified

S3

11 (a;

Sago Flour

34

Sago, Tapioca and Tapioca flour

[i (3) St 11 (6>

33

ia

Vegetable Seed*—

36

(a) Cauliflower Seedi

(ft) Others .

Seeds, all sorts, not otherwise specified, excluding vegeta-

ia & ia (6),

37

ble scedi.

Copra or coconut kernel

ia(a)

38

Oilseeds, non-essential, all sorts, not otherwise specified

12 (2>

39

excluding copra or coconut kernel.

Rubber seeds

40

" ( 3)

Hops

12(4)

41

Fodder, bran and pollards

42

"'(5)

Wattle extract

43

Wattle bark

i3d)

44

Bark for tanning excluding wattle bark . . ..

i.i (0

45

(a) Cutcb

13 (a)

46

(b) Gwnbier .

13 &

Olibnuvm and frankincense . . . ..

13 (i)

47

Gum, arable;

13(4)

48

(a)(i) Gum, and Benzcln (ras and cowrie) but excluding 1 13(4) & 1 30 >

49

Dammer and rosb.

(11) Dammer including unrefined Batu . . .

(b) Rosin

. .

(1) Stick lac . . • "1 13 (3)

3°

(2) Seed lac

I

Opium

13 (fl

3O3/22O THE GAZETTE OF INDIA EXTRAORDINARY fPA"T I-SML 1]

I

3

a

Cinchona bark

13(7)

Cans and rattans

53

14 (10)

Stcarine (Glycerine of Strearic acid) . . ..

15 (10)

54

All sorts of animal fats, not otherwise specified, excluding

53

15

stearins.

56

15

Wax, all sorts, not otherwise specified excluding paraffin

wax, micro crystalline wax and dry battery wax, red and

black.

Deleted

5?

Lard, not canned ot bottled

58

15

Dces~wax * * " • •* • v .

59

"5W

60 Tallow

15(3)

(a) Mutton tallow

(6) Other kinds

61 (a) Vegetable non-essential oils, not otherwise specified 14 (6)4 15 (11) excluding Palm oil, Tung oil and China wood oil.

(6) Palm oil

(e) Tung oil and China wood ofl.

6a Coconut oil

15(7)

The following vegetable non-essential oils, namely

"3

15(7)

Groundnut and linseed

All sorts of animal oils, not otherwise specified—

15 (8) A 15 (M)

64

(a) Ncats foot oil and Its sulphonated products

(b) Other*

Canned or bottled bacon, ham or lard . . ..

16

"5

Fish Canned

66

16 (I) & 16(3)

Isinglass, canned or bottled . . . ..

"7

16 (a)

68 Sugar, excluding confectionery

17

Molasae*

69

17(1)

70 Confectionery including chocolate coverture* in i/a 1b, 17 (a)

slabs.

[Pjdtt I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/221

I

3

Sugar-candy . . . . . . ..

71

17(3)

Cocoa and chocolate, other than confectionery

18

72

BUcuits and cakes . . .. . ..

73

19 & 19(3)

Milk foodn for infant!

74

19 (U

Vegetables products, pickles, chutnies, sauces, ketchup*

20

73

and condiments, canned or battled.

Jams, Jellies and Marmalades, canned or bottled

75-A

20 r,o

Fruit Juices, Squashes, Cordials and Syrups, not other-

20(1)

76

wise specified.

Juices, either individually or In mixture, of apricots, ber-

76-A

20(3)

ries, grapes, pineapples, plums and prune*.

Tomatoes, potatoes, onions, and cauliflowers, canned or

20(2)

77

bottled.

Fruits, canned or bottled, not otherwise specified .

77-A

30(3)

Asparagus, canned . . . . ..

77-B

20(6)

Vegetables canned or bottled, all sorts, other than tomatoes,

77-C

20 0)

potatoes, onions and cauliflowers.

Canned fruits of the following description, namely:—

. 3O(8)

77-D

Apricots, berries, grapes, plums and prunes, and fruits

salads composed of not lets than 80 per cent in

quantity and in value of the above named fruits.

-77-B

Pineapples, canned

20(9)

Canned or bottled provisions, not otherwise specified

78

21. ai(T), ai(4), ai(5)

&21 (6)

Provisions and oilman's stores and groceries, all sorts, not

79

21 (1), 11 (7), ai (8),

otherwise specified—

21 (9) Sc ai (10)

(0 Semolina

(it) Self-raising flour

{tit) Saffron

(iv) Bssenres not containing spirit

(v) Chicory

(w) Yeast

(off) Others

303/222 THE GAZETTE OF INDIA EXTRAORDINARY [PAOT I - S W. I).

I

2

3

All jorti of food, not otherwise specified

80

2! (a)

(a) Powdered milk and milk food imported In bulk pack-

ing

(6) Eggs

(c) Others

All sorts of drink, not otherwise specified

32

•i

(a) Mineral water and thermal mud

(t) Others

Ale, boor, porter, cider and other fermented liquors

23 (I) & X2 (ft)'

8a

Wines

aa (3) & aa (4*

*3

Brandy, Gin and Whisky

33(4)

84

Spirits excluding essences containing spirit used for the 23 (4),

85

manufacture of beverages, n ot otherwise specified In this Schedule.

Deleted.

E6

D r u gs a nd medicines containing spirit . . ..

22 (5)

87

Perfumed Spirit

88

32(5)

Bitters and R um . . . . . ..

23 (5).

89

(a) Bitters

(6) R um

Denatured spirit

22(6)

90

Vinegar in casks

"(7)

91

Oilcakes

23

93

(a) Cotton seed coke

(fc) Others

Tobacco manufactured, n ot otherwise specified

24

93

Cigars

24(1)

94

Cigarettes . . . . • , ..

24(2)

93

Tobacco unmanufactured . . . . ..

34(3)

96

China Clay

25

97

Salt

25 (i) & 25 (a)

98

[PAKT I-SHC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/223

1

I

3

The following building and engineering material na- 2 5 ( 3)

99

mely Chalk, Ume ana clay

Cement, not otherwise specified

i oo

a5(4)

IOI Portland cement excluding white Portland cement .

25(5)

ioa Stone prepared as for road Metalling

*5(">

103 Marble and stone, not otherwise specified . . . 25(7)

a8

1 04 Coal, coke and patent fuel . . . . ..

27(5)

103 Mineral oils, notincluded in Item No. 27 (4) or Item No. 27 (6) of the First Schedule to the Indian Tariff Act, 1934 which is suitable foi use as an llluminantin wick lamps.

1 0$ Mineral Oils:—

37(7)

(a) Which has Its flashing point at or above two hundred

degrees of Fahrenheit s thermometer, and is ordinn- rily used for the batching of jute orother fibres.

(b) Which has its flushing point at or above one hundred imd fifty degrees of Fahrenheit's thermometer, is not suitable for use as an illuminantin wick lamps and is such as is not ordinarily used except ns fuel or tor some sanitary or hygenic purposes.

Deleted

107

28

108 Amalgams .md preparations of Mercury compounds but e<-f iliiis i''tifoulivig compositions and mercury com- pound.s.

Drugs, Medicines, all sorts, not otherwise specified in thin

1 09

schedule.

28, 28-A, 28 (21), 28 (23), 28 (24), 28 (25), 28 (26), 28 (26A), 28 (27), 28 (28) &. 28 (31)

Deleted.

no

28(9)

Saccharine (except In tablets) and such other substance*

in

as the Central Government may, by notification In the official Gazette, declare to be of like nature or use to Saccharine.

28 (10)

Saccharine tablets . . . . . ..

1 12

Alkaloids or opium and theil derivatives

28(11)

113

3 0 3 / 2 24 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I - S M. 1]

I

2

3

28 (is)

114 Alkaloids extracted from cinchona bark and their salts as such or In combination with pcntaquinoine phosphate.

. 28(141 £28(30) 115 Toilet requisites not otherwise specified :—

(a) Sanitary Towels

(6) Dandasa

(c) Other Toilet requisites n.o.s.

2S

116 Cinematograph films, n ot exposed . . ..

Cinomttograph films, exposed . . ..

1x7

2 9 (0

Deleted. <

118

119 Deleted.;,

Deleted.

1 30

Deleted.^

121

III Plumbago and graphite . . . . ..

30(3)

30(6)

P r i n t e r s' ink

1 23

Lead pencils

124

30(7)

125

30(8)

Slate pencils . . . . . . ..

Pine oil

1 26

31

Natural Essential oils, all sorts, not otherwise specified

127

31

excluding pine oil

T he following Natural Essential oils, namely:—

128

31 (I)

Citronella, Cinnamon and Cinnamon leaf.

T he following Natural Essential oils, namely :— .

1 29

31 (a)

Almond, bergamot, gajupatti, camphor, clove, eucaly- p t u s, lavender, lemon, otto-rose and peppermint.

130 Essential oils, synthetic . . . . ..

31(3)

131 C a m p h or

3i(4)

Peifumery, not otherwise specified:—

132

3i (J)

(a) Resinoid

(ft) Musk

(c) Patchouli leaves

(d) Other*

[PAKT I - S EC 1) T HE GAZETTE OF INDIA EXTRAORDINARY qO3/Z25

2

I

3

Soap, not otherwise specified . . . ..

133

32

Soap, toilet

134

32 (1)

Soap household a nd laundry . . . ..

*33

3 3W

Polishes, and compositions excluding valvegrinding pastes,

136

32(3)

and compounds, belt cement and belt dressing;—

(a) Leather polish

(6) Metal polish

(c) Car polish

( i) Electro-plating polish and compositions

(") Other polishes and compositions

Candles

137

Glue not Otherwise specified excluding belt dressing

138

33

Glue, clarified liquid

139

33 (1)

a \i>

1 40 Fire works specially prepared as danger or distress iightB

for the use of ships.

34 (a)

1 41 Fireworks n ot otherwise specified . . .. 34(3)

142 Matches, undipped splints and veneers

34(4)

Hides and skins, not otherwise specified : .

143

36

(a) Chrome splits.

(6) Leather splits.

(c) Pickled hides and butts including pickled skin* and

pelts

(d) Others

144 Hides and skins, raw or salted:— . . ..

3"(D

(a) Hides end Bkins raw or salted, where value Of hides and

skins is more than thmt of wootyhair thereon.

(b) F ui skins of leopard, tiger, deer, rabbit, fox, cat and

other wild animals and reptiles skins.

Skins (other than F ur Skins) tanned, dressed and unwrought

145

leather

36(2)

146 T he following leather manufactures, namely:—

37

Saddlery, harness, trunks and bags

Leather cloth including artificial leather

147

37(2)

Manufactures of leather not otherwise specified :

148

37(1)38 (a) Leather bounds

(i) Othew

3O3/226 THE GAZETTE Oh INDIA EXTRAORDINARY [PAIIT I-SIO. I]

2

I

3

149 1 ur skins dressed

38

150 Rubber, taw .

. . ..

39

Firo wood

4°(I)

151

Furniture an 1 cabinct-waro a id parts thereof not other- 40(2)

15a

wise specified, excluding mouldings

40(3)

Aluminium tea chest linings

153

Cork manufacture, not otherwise specified ,

154

42

Furniture of wickerwork or bamboo, and parts of such fur-

155

niture, not othtrwise specified.

Writing paper :—

156

44

(a) Writing paper • other than note paper, writing pad"

and envelopes

(6) Note paper

44

157

Printing paper, excluding poster and stereo and all coated papers, but incU. ing art paper, all torts, which contain no mechanical wood pulp or in which the mechanical wood pulp amounts to less than 70% of the fibre content

45

138

Printing paper, all sorts, not otherwise specified which con- tain mechanical wood pulp amounting to not less than 70 per cent, of the fibre content, excluding white printing paper mentioned in S. No. 44 oi Part V of this Schedu.e.

44

159

(a) Paper, including poster and stereo and all coate J pnper except art paper, all sorts not otherwise specified exel u d ing cigarette paper and packing and wrapping, paper.

(6) lilter paper

Packing and wrapping paper . . ..

44

160

Deleted.

161

Trade catalogues and advertising circulars imported by 44(5)

162

packot, book or parcei poit.

Deleted.

163

Newspapers, old, in bags a^d bales

44(7)

164

45 and 45(6)

Steel pens (i.e., pen holder nibs)

I 65

Duplicating stencils

45

166

(0 Fountain pens

45 & 45(3)

I 67

(if) Parts of fountain pens

{PA1T I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/227

2

I

3

163

4 5 , 4 4 , 4 5 ( 4 ). 4 5 ( 5) *

82(5).

Articles made of papjr and paper mache, stationery in- cluding drawing :md copybooks, labels, advertising, circulars, sheet or card almanacs and calendars, Christ- mas, Easter and other cards, including cards in booklet forms j including also waste paper but ex- cluding st el p=ns, duplicating stencila, foimain pen1:, & parts thereof, presspahn paper, rubber bands, erasers and stamps and rubber hand rollers for cydostyling and paper and stationery otherwise specified.

(a) Printed advertising material supplied free of charge

(J) Printed advertising material not supplied free of

charge.

(") Others

Standard technical books or books of reference concerning 45d)

law and legal practice, or for use in connection with medical practice, scientific research or Industrial processes

170

45(D

Books, prlnteo, including covers for printed books, mapt, c arts and plans, proofs, music manuscripts, and fllultrfltions specially made for binding in books but excluding books falling under Serial No. 169 of this Parr of this Schedule.

171 Prints, engravings and pictures (including photographs and 4 5"

picture postcards) o.i pap:r or card boards.

46

Silk, raw (excluding silk waste and noils) and silk cocons.

17a

Silk waste an \ noils

46(t)

173

Textile materials, the following :—

174

(a) Raw flax, and all 0 her unmanufactured texd'e ma- 4"(0

terials, not otherwise s lecifjed, excluding raw )ute.

(6) Raw Jute

Silk yarn including thrown silk warp and yarn span from 47

175

waste or noils but excluding sewing thread :—

(a) Thrown silk yarn including Organzlne, Tram (i.e. Warp and Weft yarns respectively) but excluding sewing thread.

(ft) Yam spun from silk waste, excluding sewing thread.

(c) Yarn spun from oils, excluding sewing thread

SlUc sewing t h r e ad

. . . .. 47(1)

Artificial Silk Y a rn a nd T h r e ad 1

177

47(2)

3 O 3 / 2 28 T HE C A Z E ' I TE OF I N D IA E X T R A O R D I N A RY [PARI i-^Bfc, ij

I

2

H a nd knitting wool

178

47(4)

179 C o t t on thread other than sewing or darning thread

47(3)

180 Cotton twist and y a r n—

4716)

(a) Cotton y am of 80 counts and above

(b) Others

181 C o t t on s o w i ng thread

. . . ..

47(6)

Cotton darning thread

. . . ..

182

47^)

183 T w i st and yarn of flax or iute . . . ..

47(7)

184

48

Fabrics n ot otherwise specified, containing m o te than 90

per cent, of silk, including s u ch fabrics embroidered with

artificial silk.

185 Fabrics, not otherwise specified containing more than 90 48(1)

per cent, of artificial silk . . . ..

48(3)

186 Khaki, air blue, barathea and other woollen fabrics not otherwise specified, suitable for making uniforms and containing more than 90 per cent, of wool, excluding felts and fabrics made of shoddy or waste wool.

Woollen fabrics, not otherwise specified, including shawl

187

48(2J

cloth containing more than 00 per cent, of wool exclud-

ing felt and fabrics made ofshoddy and waste wool and

fabrics, specified in Serial No. 186 of this Part of this

Schedule.

Cotton fabrics, not otherwise specified containing more

188

48(3)

than 90 per cent, of cotton:—

(a) Grey, plecegoods (excluding bordered grey Chaddars,

dhoties, sariea and scarves).

(6) Printed piecegood* and printed fabrics

(c) Cotton plecegoods and fabrics not otherwise specified

Fibrics, not otherwise specified containing more than 10

189

48(4)

per cent, and not more than 90 per cent. silk.

190

48(5)

Fabrics nor. otherwise specified, containing not more than

10 per cent, silk but more than 10 per cent, nnd not

more than 90 per cent, artificial silk.

Khaki, air blue, barathea and other fabrics, not otherwise 48(6)

191

specified, suitable for making uniforms and containing not

not moro than 10 per cent. sL'k or 10 per cent artificial

silk, but containing more than 10 per cent, but not more

than 90 per cent, wool. . . . ..

[PART I-Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/229

I

3

19a

48(6)

Fabrics, not otherwise specified, containing not more than 10 per cent, silk or 10 per cent, artificial sulk hut con- taining more than 10 per cent, but not more than 90 per cent, wool, excluding fabrics specified in S. No. 191 of this Part of thia Schedule.

Fabrics, not otherwise specified, containing not more than

193

48(7)

10 per cent, silk or 10 per cent, artificial silk or 10 per cent, wool but containing more than 50 per cent, and not more than 90 per cent, cotton.

48(8)

194 Fabrics, not otherwise specified, containing not more than 10 per cent, silk or 10 per cent, artificial silk or 10 per cent, wool or 50 per cent, cotton.

193

48(9)

The following cotton fabrics, namely:—Sateena including Italians of Sateen weave, velvets and velveteens and embroidered allovers :—

(a) Italian of Sateen weave

(b) Velvets and velveteens

(")JOthers

196   Fabrics  containing  gold  or  silver  thread                 48(10)
197   Textile  manufactures,  the  following  articles  when  made   4"

wholly or mainly of any of the fabrics specified in Item

No. 48(3)(J) of the First Schedule to the Indian Tariff

Act, 1934:—Bed sheets, Bed spreads, holster-cases,

counterpanes, table cloths, tray cloth bed covers, table

covers, dusters, glass clothe, handkerchiefs, napkins,

pillow cases, pillow slips, scarves, shirts, shawls, cotton

socks, towels, umbrella covering!.

198

49

Tbxtile manufactures, being the articles specified in serial

No. 197 of thin Part of the Schedule, but being made

wholly or mainly of fabrics specified in Item, No. 48(3X1)

of the Pint Schedule to the Indian Tariff Act, 1934.

190

49

Textile manufactures, being the articles specified In Serial

No. 197 of this Part of this Schedule, but being made

wholly or mainly of any of the fabrics specified in Item

Nos. 48, 48(1), 48(3X<")) 48(4), 48(5). 48(7)4,48(9), or

48(10) of the First Schedule to the Indian Tariff Act,

1934-

100

49dX")

Feots, being bona Me remnants of piecegoods, or other

fabrics of material liable to duty under Item No. 48(3)

of the First Schedule to the Indian Tariff Act, 1934,

not exceeding 4 yards in length.

ZOI

49(1X6)

Fcati, being bona fide remnants of piecegoods or other

fabrics of material liable to duty under Item No*. 48,

48(1), 48(4) or 48(5) of the First Schedule to the Indian

Tariff Act, 1934, not exceeding 2 1/2 yard* In length.

30^/230 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I - S I Q. 1]

3

I

3

aoa

49dX<0

Fenta, being bona fidt remnants of piecegoods or other fabrics of materials other than those specified in Serial NOB. 200 and 201 of this Part of this Schedule not ex- ceeding 4 yards in length.

Ribbons

49(2)

"q

a

49(3)

Blankets and rues (other than floor rugs), excluding

blankets and rugs made wholly 01 mainly from artificial

•Ilk.

Woollen carpets, floor rugs, ruffle cloth, shawls and lohls

49(4)

•OS

•06

49(4)

Manufacture* of wool, not otherwise specified including

felt but excluding those specified in Serial N o. 303 of

this Part of tnlB Schedule.

Cotton braids or cords, the following, namely, ghoonsii and

•07

49(5)

muktakesis.

Jute manufacture!, not otherwise specified

50

Ml

Second hand 01 used gunny bags or cloth made of jute .

50(1)

•09

Hemp manufacture*

• 10

50(3)

OQ doth and floor doth

SIX

50(3)

Matt and mattings, not otherwise specified

an

50(7)

Coir fibre, coir yarn and con- mats and matting

50(8)

•13

Stocks and stcoklnga made wholly or mainly from silk or

5i

114

artificial silk.

a ij

5l(i)

Woollen hosiery and woollen knitted apparel that Is to say all hosiery and knitted apparel coniaiiiing not leas than 13 per cent, of wool by weight.

116

JI(2)

Cotton knitted apparel Including apparel made of cotton interlocking material, cotton urc!crvesta knitted or woven and cotton oocks and stockings.

Cotton knitted fabrics . . . . ..

"7

5i(3)

Lace and embroidery .

. . ..

aiS

52 and 52 (4)

Deleted.

3 19

Second-hand clothing . . .

3 20

52

Water proof clothings

2 21

52

Haberdashery, millinery and draptiy

52

[ P A *T I - S r . t :. 1] T 1 JE G A Z E T TE ( ) ]• I N D IA E X T R A O R D I N A RY 3 o 3 / 2 3l

2

I

Apparel and hosiery not otherwise specified

52

52(2)

Uniforms and accountreraents pertaining thereto imported

324

by a public servant for his personal use.

Deleted.

"5

53 and S3 (2) Textile manufactures, not otherwise specified excluding aiaal yarn, delivery hose for the trailler pumps, hose made of canvas, impregnated with rubber and cotton bandings :-

(a) Flax hose.

(6) Linen thread.

(e) Linen picccgoods.

(d) Others.

Second-hand boots and shoes other than those containing 54

2 27

rubber.

Boots and shoes, not being second-hand, other than those 54

228

containing rubber.

Uppers for boots and shoes unless entirely made of leather 54 1,2)

229

Hats, caps bonnets and hatter's ware, not other wise specifi-

230

55, 55 CO. 55 U) & ed.

55 (3).

F i t t i n gsforu m b r e l l a s, p a r a s o ls a nd s u n - s h a d e s :—

231

56

( a) U m b r e l la r i b s.

( i) O t h e r s.

P a r a s o ls a nd s u n - s h a d es . . . . . ..

232

5*

U m b r e l l as . . . . . . ..

56 (i)

233

A r t i c l es m a de of s t o ne or m a r b le . . ..

58

234

Deleted.

"33

Tiles, other than glass earthenware or porcelain tiles

a36

59

Firebricks

237

59

238

59

Building and engineering materials] all sorts, not of iron, steel or wood, not otherwise specified, excluding tiles other than glass, earthenware or porcelain tiles and firebricks not being component parts of any article in- cluded in Item No. 72 or No. 74(2) of the first Schedule to the Indian Tariff Act, 1934.

Earthenware, all sorts, not otherwise specified

59(2)

239

(a) Waieijfllters and porcelain mortars and pestles of

big Blzes,

(6) Others.

49 G. of I. Ex.—17

3O3/232 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKC. 1]

I

2

3

China and porcelain, all sorts, not otherwise specified

2 40

59 U)

Earthenware pipe and sanitaryware:

59 13)

2 41

(a) Earthenware pipe.

(.6) Sanitaryware.

Tiles of earthenware and porcelain:

242

59(3)

(a) Tiles other than broken glazed tiles.

(6) Broken glazed tiles.

Domestic earthenware, china and porcelain, the following:

243

59(5)

Tea cups, coffee cups, saucers for use with tea cups or coffee cups, tea pots, sugar-bowls, jugs, having a capacity of over 10 ozs. and platea over 5-1/2 inches diameter.

60 (6) and 60 (7)) Sheet and Plate Glass

244

60

Glass tableware excluding glass tumblers

243

60

G l a ss t u m b l e rs . . . . . . ..

246

60

G l a ss b o t t l es a nd p h i a ls

347

(0) Feeding bottles.

(6) Aerated water bottles—"Cold" type only.

(c) Others.

Glass and Glassware, not otherwise specified and lacquered- 60 ind 60 (8> 24S

ware:—

(a) Vacuum flasks.

(,>) Heat resisting glassware.

(c) Others.

Glass globes and chimneys for lamps and lanterns,

60 (10)

249

Electric bulbs fbr torches.

60 (5>

250

(a) Torch bulbs of voltage up to 3 • 8

(6) Electric bulbs for torches of voltage above 3 • 8 and

upto 6- 5.

(c) Pre-focusscd types of bulbs.

Deleted.

251

Glass bangles, glass beads and false pearls

60 (3) and 60 (4) 3 32

[PAST 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/233

I

2

3

61

Precious stones, unset and imported uncut, excluding dia-

353

monds in all forms.

2 54

61

Pearls unset

Precious stones, unset and imported cur.

6 1 ( 1)

355

Deleted.

256

Imitation gold and imitation silver thread and wire, lametta 6[ (5)

257

and metallic spangles and article of like nature maJe of metals other than gold or silver.

Deleted.

258

Gold plated pen nibs

2 60 Articles, other than cutlery and surgical instruments plated Si (3;

with gold or silver.

Cutlery plated with gold or silver. . . .. 61(9)

Jewellery and Jewels other than those made mainly or

2 62

61 (10)

wholly of gold or silver.

Empty drums and barrels returned by Steamship Com- 63 (28) 263

panies^'to Oil Companies in India.

264

"3 (29)

Enamelled ironware, the following, namely, signboards and the following articles of

Chemical or imitation gold known by any name such as 70 and 70(1) 265

'New Gold' "Star Gold" "Orient Gold" etc.

266 Mercury •

70(7)

Domestic hardware and stoves made of aluminium and parts

267

7ii 7i (9)

thereof—

(a) Domestic hardware.

(6) Stoves and parts thereof.

Domestic hardware and stoves not made of aluminium and

2 68

48 (3), 71 "nd 71(9) parts thereof—

(a) Domestic hardware.

(b) Stoves and parts thereof.

Enamelled ironware, not otherwise specified:—

269

71

(a) Enamelled iron sulphonating pots.

(6) Enamelled lion bath tubs.

(c) Others

303 2 3A l HE GAZKTTK Ol- INDIA EXTRAORDINARY [tAKT I-5EC. 1J

2

I

3

71 and 71 (1)

Garden tools, other trun prunning knives

270

271 Metal lamps and parta of lamps made of aluminium

71, 71(7) and 71 (11)

272 Metal lamps and parts of lamps not made of aluminium .

71, 71 (7) and 71 (11)

273   Incandescent mantles                                           7i
274   Zip  fasteners                                                 71 and 71 (3)
275   (a)  Hardware, iroa mongcry  and tools., ail sorts, not  other- 61 ( n)  and 71
        wise specified in this Schedule, and parts thereof, exclud-
        ing machine tools and agricultural implements.
        (b)  Garage Tools.
376   Buckets  of tin Or galvanised iron and  parts thereof

7i(i)

277 Safety razer blades

71 (2) and 71 (10)

Cutlery all sorts not otherwise specified, excluding safety

278

71 U) "nd 71 (10)

razor blades.

 279   Metal furniture  and cabinctware and  parti  thereof               7K3)
280    Printing type                                                      7K4)
 281   The  following  printing  materials     namely,    leads,  brass   7i(5)
           rules, wooden  and metal  quoins, shooting sticks, galleys
           and metal  furniture.
 282   Deleted
 283   Sets of mats when imported as advertising materials in con-        72(3)
          nection with exposed films.
284    Domestic refrigerators:—                                          73(5)
        (a)  Complete.
        (b) Parta thereof
285    Typewriter  ribbons                                               72 (27)
286   Typewriter* and parts thereof, excluding typewriter ribbons:       72 (26} and  72  (27)
         (

(6) Needles for domestic Hewing m a c h i n e s.

[PAUT I - S EC 1] THE GAZETTE OP INDIA EXTRAORDINARY 3o3/235

I

2

3

Wireless Instruments and' Apparatus, including Witless 73 (4) and 73 (13) 289

Transmission Apparatusj etc.

Component parts of Wireless Reception Instruments and 73 (1) 73 (4), 73 (TO), 290

Apparatus, including all electric valves, amplifiers and and 73 (12) loudspeakers which are not specially designed for purposes other than wireless reception or are not original parts of and imported along with instruments or apparatus so de- signed but excluding those mentioned in Part II of this Schedule:

(a) Electronic valves.

(b) Condensers

(c) Resistances

(d) Potentiometers, Volume control tone control.

(e) Loud Speakers.

(J) Others.

Motor vans and motor lorries imported complete

291

75

Motor cars including taxi cabs . . . .. 75d)

293

75 (9^ 75 (io), 75, (11) 75(12) and (12A) 75 (15) "nd 75 (16) Articles (other than rubber tyres and tubes and iron steel bolts and nuts for motor cars) adapted for use as parts ami accessories of motor cars, including taxi cabs but excluding those mentioned in Part 11 of the Schedule.

Motor cycles and motor scooters—

75(2)

294

(i) Motor Cycles and Scooters.

(ii) Auto-attachments.

Article (other than rubber lyree and lubes) adapted for use 7;(.i)

295

parts ami acccssons of motorcycles and motor scooters excepi such articles as arc also adapted for use as parts and iiwCessorie;) of motor cars.

Motor omnibuses ; chassis of motor omnibuses, motor vans 75 (3)

and motor lorries.

75 (13)

Parts oi mechanically propelled vehicles and accessories, not otherwise specified, excluding rubber cyrea and tubes and such pans and accessories ot moiur vchiccs, included in Item No. 75 (3) ot the First Schedule to the Indian Tariff Act, 1934) as a rc a'8U adapted tor use as parts and accesso- ries ot motor cars.

Carriages and carts which are noc mechanically propelled., not 75 (4)

398

otherwise spccLlic 1.

303/236 T HE GAZETTE Of INDIA EXTRAORDINARY [PAUT I - S IC 1]

2

I

3

299 Parts and accessories of carriages and carts which are not 75 (4)

mechanically propelled, not otherwise specified, excluding rubber tyres and tubes, and articles specified in Part I of this Schedule.

3 00 Cycles (other than motor cycles) imported entire or in 75 (5)

Bections.

301

75 (5). 75 (6) 7 5(?> 75 (7A) and 7.i (S* Parts and accessories of cycles (other than motor cycles) ex- cluding rubber tyres and tubes but including iron and steel bolts and nuts adapted for use on cycles and also steering tubes screws.

302 X-Ray films

77(5)

303 Photographic negatives and printing paper, excluding X-Ray 77(5)

films.

Film Strips, Slides and microfilms . . ..

77 (5) and 87

304

77(5)

305 Photographic instruments apparatus and appliances, other than cinema, all sorts, not otherwise specified, and parts thereof.

306

77(i)

Instruments, apparatus and appliances imported by a passenger as part of his personal baggage and in actual use by him in the exercise of his profession or calling

Artificial teeth . . . . . . ..

307

77(3)

78 and 78 (1)

308 Clocks and Watches and parts thereof

(a) Clocks (other than time pieces) e.g., wall clocks with or without pendulum, mantle clocks, marine clocks, oloctric clocks, etc.

(ft) Parts of clocks.

(c) Time pieces, i.e., one day alarm clock and parts thereof,

(d) Watches and parts thereof.

Talking machines and parts thereof and records tor talking 79

309

machines—

(a) Complete gramophones

(b) Gramophone needles

(c) The following parts, namely;—

(1) Gramophone motors and parts.

(2) Sound boxes and parts.

(3) Automatic brakes and parts.

JPART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/237

1

2

3

309 (d) The following parts, namely :—

Record changers and component parts thereof.

Record players and component pans thereof.

Pick up tone arms and component parts thereof.

(e) Long playing records, records for learning languages

and records of high artiMic or educational value.

(/) Others

310 Musical instruments and parts thereof, all sorts not other-

wise specified. . . . . . ..

79

8;>

Percussion Caps. . . . . . ..

311

312

80

Save where otherwise specified all articles which are arms or parts of arms within the meaning of the Indian Anns Act, 1878 (excluding springs used for air guns), all tools used for cleaning or putting tt gctlier the same, all machines for making, loading, closing, or capping cartridges for arms other than rifle arms 1 nd all other sorts of ammunition and military store and any articles which the Central Government may by Notification in the Official Gazette declare to be ammunitirn or mili- tary stores for the purpose of the Indian Tsrifl Aci, 1934, excluding percussion caps. . . ..

80(1)

313 Subject to the exemptions specified in Item No. 80(3) of the First Schedule to the Indnn Tariff Act, 1934; Fire arms including gas and air guns, gas and air rifles and gas and air pistols not 0 1 rv, ho specified but exclud- ing parts and accessories thfreof.

So (2)

314 Subject to the exemption specified in Item N0.80C3) of the Schedule to the Indian Tariff Act, 1934.

(a) Barrels, whether single or double for fire arms,

including gas and air guns, gas : nd air rifles and gas and air pisto's, not otherwise specified.

(b) Main springs and magazine springs for fire arms, including gas guns, gas rifles and gns pistils.

(c) Gun stocks and breech blocks.

(4) Revolver cylinders.

(e) Actions (including skeleu n and waster), breech bolts and their heads, cocking pieces and lo^if s for muzzle loadering arms.

(/) Machines for making, loadiiK, or closing cartridges

for rifled arms.

(g) Machines for capping cartridges for rifled arms.

303/238 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO, 1]

I

2.

3

The following arms, ammunition and military stores :

315

80(3)

(a) Arms forming part of the regular equipment of a

commissi med or gazetted ofheer in Government service entitled to wear Diplomatic, Military, Naval, Air Force 0; Police uniform.

(b) A revolver and an automatic pistol and ammunition for such revolver and pistol up to ajmaxlmum of 100 rounds, per revolver or pistol.

(J) when accompanying a commissioned officer or the Indian reg. lar fore s, or of the Indian Territorial Force or a gazetted Police Officer, or (ii) certified by the Commandant of the corps to which such officer belongs or n the case of an officer not attache.! to any corps, by the officer commanding, the station or district in which such officer is serving, or in the case of a police officer by an Inspector-General or Commissioner of Police, to be imported by the Officer for the purpose of his equipment.

(c) Swords for presentation as army or volunteer prizes.

(d) Arms, ammunition, and military stores imported with the sanction of the Central Government for use of any portion of the military forces of a State in India being a unit notified in pursuance of the First Schedule to the Indhn Extradition Act, 1903.

(") Morris tubes and patent ammunition imported by officers commanding Indian Regiments or volunteer corps for the Instruction of theii- men.

316 Ornamental Arms of an obsoete pattern possessing only ?n anti-quarian value, mosonic and theatrical and fancy dress awords, provided they are virtually usebss for offensive or defensive purposes, and are intended exclusively for domestic, agricultural and industrial purposes.

90(4)

Cartridge cases filled and empty. . . ..

Si

317

12

318 Coral prepared . . . . . ..

Ivory, manufactured, not otherwise specified .

8Z(T)

319

320 Bangles and beads, not otherwise specified

82(2)

321 Paint and varnish brushes . . . . ..

83

322 (a) Toilet brushes other than tooth brushes

(b) Tooth brushes

R?

Brooms . ..

. . ..

323

[PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/239-

t

3

3

Brush:s, all sorts, excluding paint and varnish brushes,

324

toilet brushes and brooms :—

83

fa) Artists' Br.ish.es including Hog's Hair brushes.

(b) Others.

325 Toys, games, playing cards and requisites for games ]and sports, bird shots, toy cannons, air gunslaad air pistols and parts thereof, for the time being excluded in any part of India from the oporation of all the prohibition and directions contained In the Arms Act, T959. and bows and arrows and parts thereof, excluding rubber-balls, football bladders, balloons and toys.

84]and 84(1)

(a) i'lshinghooks.

(fr) Table Tennis (Ping Pong) ba Is.

(c) Educational and mechanical toys.

(d) Golf balls

(") ("") Billard accessories including billiard cushions,

cloth cut to size, cues, chalk an.l tips.

(11) Golf clubs.

(Hi) Roller skates.

(tv) Steel fishing rods.

(v) Skulling exercisers (rowing machines).

(vi) Rackets fur tennis, biditiintoi aid squash, pro-

vided the c.i.f. value of each without guts is now b:low Sh. 32, Sh. 22 and Sh. 23 respectively.

(vii) Bats for edeket provided the c.i.f. value is not

below Sh. 35

(vtii) Air guns and air pistols of the type used for shooting purposes but excluding toys guns or pistols.

(ix) Bats for table tennis provided the c.i.f. value is

not below Sh. 4.

(f) Playing Cards.

(£) Others.

Buttons/metal, including buttons steel and cufflilnks made

326

85

of metals other than gold and sliver.

Smokers" requisites made of aluminium.

327

85(1)

Smokers requisites—pipe* and parts thereof.

328

85(0

303/240 T HE GAZETTE OF INDIA EXTRAORDINARY [PART [-SEC. 1]

I

2

3

Smokers requisites, parts thereof excluding those made of

329

aluminium, tobacco, matches and pipes :

85(1)

(a) Cigarette paper in booklet form. (b) OtherB.

Engravings and Pictures (including photographs and

330

picture-post cards, not otherwise specified).

86

Art, works of, not otherwise specified.

86(1)

331

332 Specimens, Modele and Wall Diagrams illustrative of

natural science and medals and antique coins, imported for Instructional purposes.

86(3)

333 Specimens, Models and Wall Diagrams illustrative of natural science and medals and antique coins not imported for Instructional purposes. 86(3)

Postage Stamps, whether used or~unused.

86(a)

334

Brake fluid

87

335

Buttons, other than metal. . . . ..

336

85

Empty Gelatine Capsules

337

87

Leather, artificial manufactures of . . ..

338

87

Synthetic StonesJ

87

339

340 Zip fastenersjwith celluloid teeth . . ..

87

PART V

1

10

(a) Pulses other than gram and lentils.

10(1)

2

10(1)

Wheat

II(T)

Wheat flour

3

Starch and farina . . . . . .. n(4)andit(5)

4

Chromosol S.F. Chromalinc and other Chrome com-

5

13

pounds used for dyeing or tanning (excluding barium lead and zinc chromates).

6 Dyeing and tanning substances, all sorts, not otherwise specified excluding wattle extracts and the articles specified in S. No. 5 of this Part of this Schedule. 13 and 13(8)

Gums, Resins and Lac, all sorts, not otherwise specified,

7

excluding olibanum and frnankincense.

13(3)

8 Greases, all sorts, not otherwise specified, including pet- roleum Jellies, paraffin wax and microcystaUine wax. 15 and I5(a)

IPART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/24I

t

15(4) and 2S(Z2) Cod liver oil. ]

9

10 Fish oil including whale oil, not otherwise specified, ex-

cluding cod liver oil :—j

15(4)

(a) Sperm oil

(6) Others.

II Fish oil and whale oil hardened and hydrogenated.

12 (a) Farinaceous and patent foods, canned or bottled, ex- cluding milk foods for infants and also excluding breakfast foods (wheat flakes, corn flakes, processed oats and shredded wheat) and Pearl Barley. 1(2) and 19(3)

(6) Breakfast foods, (such as wheat flaskes, corn flakes, processed oats and shredded wheat) and Pearl Barley.

Essences containing spirit used for th: manufacture of

13

22(4)

beverages.

14 Metallic Ores, all sort, except Ochres and other pigment ores but including antimony ore, in lump, powder, or concentrated form.

22(4)

(a) Asphalt, excluding Asphalt emulsions and Gilsonitc. .

27(1)

15

(6) Asphalt emulsions.

(c) Gilsonite.

Pitch and Tar in;lniinj coal tar and coil pitch, ] .

37(") andj 27(9) t6

(a) Transformer Oil, insulating Oil, Switch Oil and all

17

sorts of Mineral Oils, not otherwise specified, other than Liquid Paraffin, White Oil, Textile Finishing Oil, Textile Fibre Oil and Batching Oil for Fibres.

22(9)

(6) White Oil

(c) Liquid paraffin.

(d) Textile Finishing Oils, Textile Fibre Oils and

Batching Oils or fibres.

i8 Kerosene ; also any mineral oil other than kerosene and motorspirit which has it flashing point below one hundred degrees of Fahrenheit's thermometer. 27(4)

Motor spirit . . . . . . ..

19

^7(6)

JO Lubricating oil, that is, oil such as is not ordinarily used for any purpose other than lubricating, excluding any mineral oil which has ita flashing point below two hundred degrees of Fahrenheit's thermometer.

27(8)

3O3/242 T HE GAZETTE O1-" INDIA EXTRAORDINARY [PA"T I-SEO. 1]

I

3

21 32 23A

B l e a c h i ng p a s te f i nd b l e a c h i ng p o w d e r.

33

C o p p e rs g r e en ( f e r r o us s u l p h a t e) . . ..

24

Sulphur :—

23

26

27

2)1

29

30

31

[PART I-SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/243

I

2

3

31 (6) Aloes, asafocide, Cocaine, Sarsaprilla and Storax.

28(13)

Anti-plague Serum. . . . . . ..

3a

30

Aluminium powder and paint :

33

(a) Aluminium powder and paste.

(6) Aluminium paint

34

30, 30(11), 30(12) and

Paints, colours and painters' materials, all sorts, not other- wise specified, including paints, solution and compositions containing dangerous petroleum within the meaning of the Indian Petroleum Act, 1934, but excluding aluminium powder and paint and sand papers and glass papers- 30(14)

30(2)

Paints, colours and painters' materials, the following :—

33

(a) Red lead, genuine dry, genuine moist and reduced

moist.

(6) White-lead, genuine dry.

(c) Zinc white, genuine dry.

(d) Paints, other sorts, coloured moist.

Points, colours and painters' materials, the following

3"

30(3)

namelyi—

(u) Red lead, reduced dry.

(b) White lead, genuine moist and reduced, dry or moist.

(c) Zinc white, genuine moist.

(d) Zinc white, reduced, dry or moist. .

The following paints, colours and painters' materials

37

namely:—

30(4)

Barytes, turpentine, turpentine substitute and varnish not

containing dangerous patroleum with in the meaning of the Indian Petroleum Act, 1934:—

(a) Harmless food colours.

(*) Water and oil colours.

(e) Pigment water finishes and stains for leather and shoes.

(d) Raw materials for paints specified elsewhere.

(") Titanium Dioxide.

3o3/244 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1}

I

2

3

(j) Lithopone.

37

(g) Cuttle fish bones.

(A) Blanc fixe

(i) Ultramarine Blue.

0) Other manufactured paints, distempers, varnishes and

lacquers.

38 Gunpowder for cannons, rifles, guns, pistols and sporting

purposes.

34

39 Explosives, namely : blasting gunpowder, blasting gelatine, blasting dynamite, blasting robuiite, blasting tonite and all other sorts including detonators and blasting fuse.

34(D

40 Manures, all sorts, including animal bones and the following

chemical manures :—

35 and 35(1)

Basic slag, nitrate of ammonia, nitrate of soda, muriate of po- tash, sulphate of ammonia, sulphate of potash, kainite salts, carboline, urea, nitrate of lime, calcium cynamide, ammo- nium phosphates, mineral phosphates, mineral super- phosphates :

(a) Rock phosphate Mineral phosphate.

(*) Sodium Nitrate. .

(c) (0 Muriate of Potash,

(ij) Sulphate of Potash

(d) Sulphate of Ammonia

(") Triple Superphosphate.

t/) Other Nitrogenous Fertilisers.

(;) Others.

41 Rubber tyres and tubes and other manufactures of rubber, 31(1), 39(2) 3(K3)J- not otherwise specified, including ebonite rods,tubcs and 77 and 77(2) sheets but excluding apparel and boots and shoes:— j

("X<*) Rubber pressure and vacuum tubing (for laboratory

use) and vaccine caps.

Qo) Rubber contraceptives.

("•*) Giant motor, motor cycle tyres, tubes and flaps, bicycle tyres and tubes and industrial tyres, tubes and flaps including solid tyres, but excluding tractor and ofl-the-road tyres and tubes.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/24S

I

2

3

("") Tractor and off-the-road tyres, tubes and flaps, ex-

41

cluding other types of tyres and tubes and flaps speci- fied elsewhere.

(iv) Rubber battery containers.

(v) Rubber thread.

(vi) Ebonite rods, tubes and sheets.

(t'ti) Sectional Air bags.

[viii] Rubber gloves all aorta vie.:—

a) Surgical rubber gloves

(ft) Industrial rubber golves.

(c) Electrical rubber gloves

(d) Others.

(ix) Others.

(a)(i) Wood and Timber, all sorts, not otherwise specified, 4.0, 401,4), 87 and 40(6* including all aorta of ornamental wood but excluding agarwood, plywood, sandal wood, tagarwood, lamina- ted wood and veneer.

li") Laminated wood

(b) Veneers and plywood, sandalwood, agarwood and

tagarwood.

40(3) and 4

Wood pulp j

43 43

Pulp (other than wood pulp) from vegetable fibres such as

43-A

bamboo, grasses, reeds and agricultural residues includ- ing pulp of rags and mixture of such pulps.

430)

White printing paper (excluding laid marked paper which

44

contain mechanical wood pulp amounting to not less than 70% of the fibre contents).

44

44 and 44(1) Cigarette paper.

45

Paste board, mill board, card board and straw board, all

45-A

44(4) sorts.

3o3/246 THE GAZETTE OF INDIA EXTRAORDINARY [PART I - S M. 1]

I

2

3

46 Rubber bands, erasers and stamps and rubber band rollers

for cyclostyling :—

39(1) and 45(6)

(a) Rubber erasers.

(6) Others

Wool raw and wool tops including wool waste, shody wool

47

and woollen rage, . . . . ..

46(2) and 49(4)

48 Woollen yarn, not otherwise specified

47(3)

Woollen yarn for weaving and knitting wool, excluding hand

49

knitting wool. . . . .. 47(4)

Hair and woollen yarn exclusively uaed for the manufacture

50

of hair belting. .

. . ..

47(3)

Cordage, rope and twine of vegetable fibre other than iute

51

and cotton, not otherwise specified. . . ..

50(6)

52 Apparel containing rubber

52

53 Silk or artificial silk goods used or required for medical

purposes, namely, silk or artificial silk ligatures, elastic

silk or artificial silk, hosiery, elbow pieces, thigh pieces, kneecaps, leggings, socks, anklets, stockings, suspensory bandages, silk or artificial silk, abdominal belts, silk or artificial silk, web catheter tubes and oiled silk or artifi- cial silk"

• 52(0

Delivery hose for trailer pumps

53

54

Hose made of canvas impregnated with rubber.

53

55

56 Rags and other paper-making materials, excluding pulps thereof and pulps and wood and othe^ vegetable fibres and the mixture of "uch pulps

S3(i)

Boots and shoes containing rubber.

57

54

Building and Engineering bricks. .

58

59(1)

Covered crucibles for glass making. . . .. 59">)

59

<5o Deleted.

<5i Diamonds unset and imported uncut, excluding bort and

61

Industrial diamonds.

62 Steel helmets

63(8)

Radium

70(7)

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/247

I

2

3

The following articles of builder's hardware, hinges, locks 70(10) and 70(11) 63

and bolts :—

(a) Door locks (not pad locks).

(b) Suit-case locks. . . . .. .

(c) Hinges

(

Deleted.

64

65 The following articles of machinery not otherwise specified, in this schedule except when required for the textile industries, tea industry, iron and steel production works, electric supply undertakings, mines and quarries I—

(1) Prime movers, boiler, locomotive engines and tenders 72(0)

for the Bame, portable engines ^including fire en- gines) and other engines in which the prime mover is not separable from the operative parts.

(2) Machines and sets of machines to be worked by 7z(b), 72(15), 72(16), electric, steam, water, fire or other power not being 72tl7),72(l8),72(I9) manual or animal labour or which being brought into 72(2o),72(2l),73(22) use required to be fixed with reference to other moving and 73(23) parts.

(3) Apparatus and appliances, not to be operated by manual or animal labour which arc designed for use in an industrial system as parts indispensable for its operation and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose.

72(d)

(4) Control gear (other than electric), self acting or other- wise and transmission gear (other than electric) designed for use with any of the machinery specified above in- cluding driving chains, but excluding driving ropes not made of cotton and belting.

(1) Boot and shoe manufacturing machinery.

(fi) Cinema Machinery (including Studio equipment and projection and also including sound recording apparatus for the production of cinema films).

(itt) OH crushing and refinery machinery.

(io) Petroleum and gaswell drilling equipment.

(v) Refrigeration and Air Conditioning Machinery other

than domestic refrigeration :—

(a) Air Conditioners (Unit type or package type)

(b) Other types

(w) Sugar manufacturing and refinery machinery.

•

49 G. of I. Ex.—18

303/248 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

I

3

(vii) The following road making, haulage earth moving

65(1-4)

equipments :—

(a) Wheeled and Crawler tractors above 50 D.B.H.P.

(6) Shovels, excavators, motorisod graders, vibrating soil compactors, vibrators, atone crushers, stone granulators, Tar and Bitumen boilers/sprayers, core drilling machine, concrete mixers, asphalt mixers, mortar mills, motorised scrapers and towed scrapora, dozzors (all types), loaders, con- crete screens, road forms, road tampers, spreaders and finishers, dragline and winches, dumpers and dumper wagons not built on conventional chassis.

(c) Sheep Foot Rollers and parts thereof.

(viii) Acid resisting and chlorine resisting blowers and compressors, chlorinic and acid resisting valves and acid resilient p.\rts thereof, chlorine cylinders and valves thereof, cylinder testing equipments and spares and spraying nozzles for chamber plants.

("*) Wind Mill

(x) Machinery required for other Industries and Under-

takings.

72(3) and 72(15)

63 (5) Component parts, as defined ia item No. 72 (3) of the First Schedule to the Indian Tariff Act. T934, of machi- nery specified in clauses (r), (2), (3) and (4) above, but excluding those which are covered by Serial No. 68 of this part of this Schedule :

(0 Parts of cinema machinery (including studio equip- ment and projectors and also including sound record- ing apparatus for production of cinema films).

(W) Parts of Refrigeration and Air-conditioning machi-

nery other than domestic refrigerators.

(tf)(a) Spares parts of Machinery falling under S. No. 65

(i-4Xw7X6)/V.

(iii) Parts of machinery when required for industries and undertakings other than cinema and refrigeration and also otherthan spare parts of machinery fallingunder S. R i. 65(1—4)(m>)(a) and (6)/V.

(10) Industrial knives

72(6; and 72(28), "5 (6) Machine1) or pirts of machines to be toorked by manual or animal labour, not otherwise specified and any ma- chines (except such as are designed to be used exclusvely in industrial process) which require for their operation less than one quarter of one-brake horsepower excluding typewriters and sewing machines and parts thereof, and also excluding those machines and/or parts thereof which arc included in Appendix 35.

([EAKT I-SBC. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/249

I

2

3

(a) Office machines and parts thereof:

(0 Hand model typa Duplicators (both hand feed and

self feed types)

(11) Duplicators, power driven.

(Hi) Other office machines.

(6)(J) Others.

• 65

66 Automatic Electrical control switches. . .. 72 (d) and

73(0

..67 (l)(i) Printing and Lithographic material, namely pressoi lithographic plates, composing sticks, chases, imposing tables, lithographic atones, stereo blocks, wood blocks, half-tone blocks, electro-type blocks, process blocks, roller moulds, roller frames and stocks, lithographic map rollers, standing screw and hot presses, perforating machines, gold blocking presses, galley presses, proof presses, arming presses, copper plate printing presses, rolling presses, ruling machines, ruling penmaking machines, lead cut- ter"5rule cutters, slug cutters, type casting machines, typetetting and casting machines, paperin rollswith side perforations to bcusedafterfurther perforation for type casting, rule bending machines, rule mis- sing machines, bronzing machines, stereotyping apparatus, paper folding machine, paging ma- chines, but excluding ink and paper and sets of mats when imported as advertising material in connection with exposedfllmjTeadlePrintigPresseaofprcsses of predominantly treadle type and Roller composition.

(•0 Treadle Printing Presses.

(iii) Roller Composition

72(3)

(2) ^Component parts as declared In Import Tariff Item No. 72(3) of Machinery specified in clause (0 above excluding those covered by Serial No. 68 of Part V of this Schedule

7^(3)

68(4) Rubber Blankets (including mackintosh) for printing presses including requirements of cloth processing machines, viz., printing sanforizing etc.,

C6) Rubber hoaes required for the Oil Industry.

(c) Rubber spray hoses for Industrial and agricultural

purpose!.

(i) Rubberhosepipesandrubberhoses, n.o.".andrub-

ber washers for boilers.

73(3)

69-A Hosiery needles for hosiery machinery and knitting machines whether operated by manual laboui or mechanical power.

303/250 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT I—SEO. 1]

I

3

70 All types of lifts and elevators (including passengers 72(4)

and goods) component parts and accessories thereof:

(0 Complete lifts

(t'O Parts of lifts

Stirrup pumps and Trailer pumps

7a(6)

71

(a) Stirrup pumps

(b) Trailer pumps

Deleted.

72(7)

73 Water-lifts, sugar mills sugar centrifugals, sugar-pug mills, oil presses and parts thereof when constructed so that they can beworkedby manual or animalpoiver and pans for boiling sugarcane juice:—

(a) Sugar juice boiling pans.

,,

(5) Other*

72(8), 73(39)" 72O®1 74

! and 72(31) The following Agricultural implements, namely win- nowersj thresheB, mo wingandrcapingmachines, binding machines, elevators, sued and corncruBhors chaff cutters, root-cutters ensilage cutters, horse and bulllockgear ploughs, cultivators, scarifiers, harrows •clod crushers, seed drills, hayteeders hay! presses, potato-diggers, latex spouts, spraying machines, powder blowers, white-ant-exterminating machines, pestpullers, broad cast seeders, corn pickers, corn sellers, culti-packers, drag scrappers, stalk cutters, huskeri und shredders, potato planters, lime towers, manure spreaders, listers, tcil graders and rakes, also agricultural tractors, a Iso component parts of these iru- plemenu,machinesof tractors,provided that they can be readily fitted into their proper place in the implements, machines or tractors for which they are imported and that they cannot ordinarily be used for purposes uncon- nected with Agriculture :

(0 Wheeled and Crawler Tractors upto find including 50

drnw Bar Horse Power.

(U) Rotary Hoes and Rotary Tillers.

(fit) Spare parts for agricultural tractors and for tractors

drawn agricultural implements.

(/o) Agricultural implements, tractor drawn only ex

eluding Sheep Foot Rollers.

(t>) Power driven agricultural machinery excluding Sheep Foot Rollers, Tractors, Rotary Hoes and Rotary Tillers.

(vf) Parts of power driven agricultural machinery.

[PAM I-SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/251

2

I

3

(vii) Chaff cutters other than power driven.

74

(nil) Sugarcano crushers.

(ix) Ploughaj plough shares and cultivators other than

tractors drawn.

(x) Sprayers (other than power driven) and parts.

(**) Dusters (other than power driven) and partB.

(XM) Chaff cutter knives.

(xiii) Manual or animal driven agricultural machinery

and parts thereof, not, otherwise specified.

The following Dairy and Poultry Farm Appliances, namely 72 (9) and 72 (32) 75

cream separators, milking machine Sj milk sterlizing or pasturising plant, milk aerating and cooling apparatus, churns, butter dryers, butter workers,'milk bottle filler and cappers, appartus specially designed for testing milk and other dairy products and Incubators, also components parts of these appliances provided that they can be readily fitted into their proper places in the ap- pliances, for which they arc imported, and that they cannot ordinarily be used for purposes other than dairy and poultry farming.

(a) Industrial Sewing Machines and parts thereof which 72 (i), 72 (11) and 72 (15)

are manually operated or worked by power and re- quire for their operation less than one quarter horse power.

(6) Industrial Sewing Machinesand parts there of which 72 (6), 72 (1) and

73 (15)

are worked by power and require for their operation one quarter horse power and above.

(c) Needles for all industrial sewing machines.

72 (6), 72Ci)

Air raid sirens • • • * > .. 73 and 77.

77

78 Electrical instruments, apparatuSj and appliances not other- 73 wise specified in this Schedule (excluding telegraphic and telephonic) and parts there of not otherwise specified.

("") Hearing-aids and parts thereof.

(it) Electric cooking ranges and electric co kers, all type*

and parts thereof.

C"*0 Tape and wire recorders, all sorts and parts thereof.

(it)) Public address equipments and parts thereof :—

(i) Amplifiers.

303/252 THE GAZETTE OF INDIA EXTRAORDINARY [PAM I-SEC^ 1].

I

a

3

7%—eomcld.

TSQr) (2) Loudspeakers.

(3) Pressure or dilvet unHs.

(4) Horns.

(5) Microphones

(D) Heating elements

(vi) Rectifiers and battery chargers andTparts thereof.

(vif) Household Electric Machines & Appliances all sortsn.o.B.suchaBVacuumCleaners, Washing Ma- chines, Hair Dyera, Shavers, Hair Clippers, Food/ Drink/Juice Mixers,Extractors, Water Heaters,Room Hester*, Electric Irons, Electric Kettles, PercolatorB, Hot Plates, Boiling Plates, Coffee Grinders and the like and parts thereof.

(o#0 Yarn and Cloth testing machines including other

types of textile testing machines.

(fc) Others I

73 (.9)

79

Electro-medical apparatus and parts thereof, not otherwise specified including ultra violet and infra-red lamp* for medical treatment.

Deleted.

to

Deleted.

Si

8a

74 (i)

Trsmcars and compometns parts and accessories thereof excluding articles specified in Part I of this Schedule.

Deleted.

83

Deleted.

84

Deleted.

85

Conveyances, not oiherwise specified, and componentrparts 75

86

and accessories thereof excluding articles specified in Part I of this Schedule. 1

(0 Auto rickshaws.

(tf) Trailers,all typea, Indudingtlppingtrailers.

(iii) Perambulators and parts thereof.

(to) Specialized vehicles (conventional vehicle chassis on which special type of bodies or machinery/equip- ment have been mounted) t.g., Tipper or Dumper, Fire fighting vehicle, X-ray vehicle, mobile work- shop, recovery vehicle, well drilling vehicles, Truck mounted Cranes)

[PAW I-SEO. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/253

2

I

3

86 (v) Others.

76

87 Aeroplanes.aeroplane'parts/aeroplane engines, aerop- lane engine parts and rubbertyres and tube* used ex- clusively for aeroplane*.

88

Th" appropriate Item

All manufactured article* and material used in aircraft construction and books, drawings, dJagrams,illuBtretions and any other technical publications imported for the purpose of maintenance,repair and overhaul of aircraft, aero-engines and their instruments and equipment; provided that nothng falling under this description shall be deemed to fall under other Serial No.of this Schedule.

Ships and other vessels for inland and harbour navigation 76 (1) "9

including steamers, launches, boatss and frcgates impor- ted entire or in section ; provided that articles of ma- chinery as defined in Item No. 72 or No. 72 (3) of the FirstScheduIc to the Indian TariffAct,i934> shall when separately imported not be deemedto be included hcrc- under.

Light ships

90

7" W

Furniture tackle and apparel, not otherwise described^for

91

76 (3) steam sailing rowing and other vessels.

93

77

Instruments, apparatus and appliances and parts thereof including cinematographic and parts thereof, otherthan electrical but excluding articles otherwise specified in the schedule :

(a) Water meters

(W Leader films.

(e) Weighing machines and parts thereof.

(d) Yarn cloth testing machines, including Lap testing

machines.

(") Gas masks and refills.

(/) Geometry Boxes and components thereof.

(g) Surveying and Mathematical instruments, the follow-

ing namely :—

(1) (a) Reversible level complete with stand.

(A) Dumphy level complete with stand.

(c) Indianjpatternlevel complete with (tend.

(2) (a) Slide rules.

(ft) Prismatic compass.

(c) Clinometer and other magnetic compasses.

303/254 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

1

3

(2) (d) Drafting machines.

(•) Plane-Table equipment Ordinary and Techo-

metric.

(/) Theodolitlc*.

(3) Others

(A) Deleted.

(0 Fire Extinguishers.

(;) Fire fighting equipment other than fire extingui- shers, firc lighting hose and ladders (only such of those articles as are classified as instruments and apparatus under this S.No. will be includ- ed.)

(ft) Pressure gauges.

(J) Deleted.

(m) Micro Eardrum hearing ald".

(w) Others

13

77(2) 77(4). 77(6) and 77(7)

Optical, Scientific, Medical including Surgical or Dental Instruments, equipment and appliances and ptarts therebf not madeofrubber.

Optical, Scientific, Medical including Surgical or Dental

SM

77(2), 77(4). 77 (C)

and 77(7)

instruments equipment and appliances and partB thereof made of rubber:

(a) (") Goggles, sun-glasses, glare glasses.

(it) Plastic ^frames including sides and fronts thereof when imported separately>nd Bpcctacles with plastic frames.

(i""0 Lenses including bifocal blanks.

(iv) Rough blanks other than bifocal blanks.

(b) Metallic frameB including sides and fronts thereof when imported.separately, and spectacles with metal- lic frames.

(c) Othcroptical instruments, equipments and applian-

ces and parts thereof.

id) Scientific and medical including surgical instru- m=nts, equipment and appliances and parts thereof, made wholly/mainly of rubber and/or made wholly/ mainly of glass including laboratory glassware.

[PART I-SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/255

2

I

3

93-94 (") Medical including Surgical instruments, equipment and appliances and parts thereof not made mamly of rubber and not made mainly of glass.

(/) Scientific instruments, equipment and appliances

and parts thereof not made mainly of rubberjand also not made mainly of glass.

(g) Microscopes and accessories and parts thereof.

Microscope slides and cover glasses. Brinell's microscope and parts thereof.

(A) Laboratory balances and weights and parts thereof.

(0 Clinical Thermometers,

0') Dental instruments, equipment and appliances and

parts thereof not otherwise specified.

Rubber balls, football bladders, baloons and toys;

84

95

(a) Tennis balls,

(b) Squash balls.

(c) Others.

Art, the following works of: . . . ..

86(2)

•96

(r) Statuary'"and pictures intended to be put up for

the public benefit in a public place, and

(2) Memorials of a public character intended to be put up in a public place, including the materials used ortobouaedintheirctinstruction whether worked or not.

97 Artificial horn manufactured from rennet casein

87

Asbestos raw

98

87

Deleted.

99

1 00 Deleted.

1 01 CeUuloBc Acetate sheets and moulding powder

87

101-A

Cellulose acetate butyrate and cellulose acetate propionate

87

101-B

Deleted.

IOI-C Cellulose film scrap . . , . „ ..

87

101-D

Cellulose Nitrate sheets, 1 OIIB and tubes . ,,

87

101-B

Chloride moulding powder . . . ..

87

303/256 T HE GAZETTE OF' INDIA EXTRAORDINARY [PART I-SEC. 1].

I

2

3

102 Cresotiformaldehyde moulding powders . . . 87

103 Curled rope haii

87

104 DlamondsIndu8trial,oaturalandSyrithetic.,inallforms 6ij 72 (5) and 87 induding diamond grit and powder.

IOJ : FibreboardsOi.j^jhardboarii and insulating boards) ex- 61,72(3)187,40 (4).

eluding plywood and vulcanised fibre sheets. ana 40 (7)

106 GBB black, thermatomic black.acetylene black and carbon 87

black also including lamp black.

107 Glois substitutes

87

108

21(3)

Glucosepowder (excluding Anyhdrous Dextrose and Glu- cose powder packed in email containeis of lib 01 less) and Glucose other sorts :

(a) Liquid glucose.

(fc) Others.

Phenolic resin sheets

109

87

Nickel Catalyst

no

87

82(3)

Phenol formaldehyde moulding powder

I II

Tia Phenol formaldehyde reeinouB sheets/tubes; rods and other 87

materials.

Acrylic plastic moulding powder, sheetEjrods and tubes

113

87

Polyvinyl chloride-plastic sheets (unsupported)

113-A

82(4)..

Polydichlorstyrene resin

113-B

. 87

1T3-C

Polystyrene

• 87

. 87

Polyvinyl acetate resin powder

X13-D 1

Polyvinyl butyral resin

. 87

113-B

Polyvinylidene chloride

87

IT3-F

Polyvinyl formaljind Polyvinyl Acotol

• 87

ri3-G

Polyvinyl chloride reBin powders . . ..

113-H

87

P.V.C. composition including moulding powder . . 87

113-I

U3'J    Polyethylene  moulding  powder                             87
  114  Pyrotechnic  aluminium                                      87
  115   Stereo  flongs                                             87
[PART I-SKJ. 1J THE GAZETTE OF INDIA EXTRAORDINARY 303/257

2

I

3

116 Synthetic resins, all sorts, not otherwise specified—

(0 Phenolic, Urea, Melamlne, Alkyds and Maleic resins.

(it) Synthetic Ion Exchange Resins . . ..

(iif) Polyvinyl Acetate resins, Polyvinyl Alcohol, Folyvinyl chloride, acrrylate and their copcly- mers In emulsion and/or dispersion form.

(iv) Synthetic resins, all sorts, n.o.s. other than those covered by S. No. n6(i)/V, n6(ii)/Vand H6("O/V.

Textile Printing Dye*

117

87

U8 Urea-formaldehyde moudling powders . . ..

87

V ibanisoi fibrn in sheets, rods and tubes

tI9

87

120 Deleted.

131 Window glass channels

87

133 All articles not otherwise specified in this Schedule except 44" (6) Paper monoy, silver bullion and silver sheets and plates 61(2) which have undergone no process of manufacture subsequent to rolling, gold bullion and gtjld sheets and plat"e which havt 63 (3) undergono no process of manufacture aubecquent to roiiiPt, 6a Current coin of the GoTemment of India silver coin, not 6a (1) 6a (ja) otherwise specified gold coin.

(0 Plaatic materials not otherwise specified .

(if) Fluorspar

(tit) Bleaching earth (such' u Fullers'Earth Fulment,

Tonsil etc.).

(iv) Looking glass.

(f) Vulcanised fibre suitcases, trunks and bags

n.o.s.

3 ° 3 /258 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

1

Water proofing composition.

(vi)

Films made from transparent collulose or Visca-

(vii)

cella, Royasine, transparent cellulose wrapping and other transparent paper.

Snap fasteners.

(viii)

Cryolite.

(to)

Casein

(*)

Flints stones for cigarette lighter.

C">

Plastic based adhesive tapes including cellulose

WO

adhesive tapes.

<*/W) Enamelled frits

Stapleflbretops and other synthetic and proteinous

(*fo)

fibre tops.

Staple fibre including synthetic protection cut fibres.

Deleted.

French chalk.

Asbwood oars.

(WDMt)

Manufactures of wood other than ashwood oars.

Dom nuts.

Cx*)

Mica.

Feathers.

<**")

Rudraksha beads.

Filter candles.

(xxv) Plastic mouldinj powdor, aot otherwise specified.

(.xxoi) Vanadium Pontoxide catalyst.

(xxwi) Fluxite soldering paste and fluxes for gas or are welding, melting and refining metals.

(xxviii) Corozo nut.

Cxxix) Filter aids.

(xxx) Asbestos magnesia laggitt .

(xxxf) Asbestos mantle yam.

[xxxii) Glass miasral, slag wool, Fibre glass and products thereof.

[PAUT I-SEC. ]] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/259 "

I

2

(.xxxiii)

Glass tinsel powder.

(xxxiv)

Wall Plug all sorts (non-electrical) with cementing

materials, n.o.s.

(xxxv)

Decex oil proof compound.

(xxxvi)

Tailoring chalk.

(xxxvii)

(xxxviii)

Calcium carbonate activated (".g., "Wiennofil" etc.) Boiler compound (Antiscflle compound)

(xxxix)

Embroidery ring frames.

Etching powder.

(xl)

Gypsum. Laboratory ware made of silica.

(xlt) (*W)

(xtiii)

Silicaware equipment, for sulphuric, hydrochloric and nitric acid plants and Ceramic equipment for chlorine plants.

(xliv)

Silicon.

(xlv)

Petroleum Coke.

(xM)

Kapok.

{xlvii)

Negative Collodion and lodizcr.

(xlviii)

Kamandalu.

(xlix)

Stamping foils (film-based).

Others.

(0

303/260 T i iE G A / / i i lE OF INDIA EXTRAORDINARY [PART I-SEG. 1]

2

t

3

PART VI

MACHNE TOOLS

AD machine tools of the following typos including any stan- dard equipment or ancillary machinery usually sup- plied therewith:—

X Milling] diesinking, engraving, kayseating broaching, oil-

grooving, splinning, profile slotting and marking

a MetaJ cutting cold saws, hacksaw machines filing and sawing

bandsaw machines, cutting off (tool and abrasivo).

Testing machine for mechanical workshop and engineering

3

laboratory use.

4 Grinding (excluding small electrical bench an4 portable grinders up to 10* wheels and pneumatic grinders) honing, polishing and lapping.

5

6

Drilling (other than portable electric or portable pneu- matic) Capstan and turret lathes.

Lathes, general.

7

8 Furnaces, electrical, coke, coal, gas or oil fired excluding

cover, muffle rings and stan for titling furnaces.

Forging, power hammers, drops tamps and riveting other

9

than portable handriveters.

10 Wire drawing and forming, rolling mills (other than jewel-

lers), bar reeling and bar turning.

The appropriate

item.

n Thread forming, cutting, rolling or milling.

[2 Mouilinj machine and other machinery for foundry use,

diecasnng machines and magnetic separators.

13 Hydraulic presses, and other machinery for the production of plastic blocks and plastic mouldings (such as bakelite and other cellulose products).

14 Shiot Motal working machinery (other than hand power types) including shares, punches, presses, benders, brakes, guillotines, plates straighteners and rollers.

Aurormtic bar and chucking machines, single and multiple

IJ

iS

18

spindle. Gear gutting. Shaping, slotting and planning. Vertical boring, and turning mills, horizontal boring, and Jig

boring.

19 Special and standard machines, particularly used in rail-

way workshops, but not otherwise specified.

20 Oxyyon cutting, oxy-acetylcia^ generating plant for welding

and cutting and eleciric welding.

Wood-workingmachinery,otherthan hand workedorsmall

21

homecraft types.

?2 Lfltho chucks, magnetic chucks (electric and non-electric), drill chucks rotary tables, dividing heads, tool post grinders, milling and indexing attachment and machine vices.

[PART I-SF.O. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/26!

SCHEDULE II

(Sue clause 3)

OFFICERS COMPETENT TO GRANT IMPORT LICENCES

I The Chief Controller' of Imports and Exports. ~\ A Joint Chief Controller of Imports and Exports. 1 For any goods A Deputy Chief Controller of Imports and Exports | covered by part* A Controller of Imports and Exports. ^ I to VI of An Assistant Controller/Section Officer in the Imports and | Schedule I. 2 3 4 5

Exports Trade Control Organisations.

6 The Iron and Steel Controller.

J 1

A Deputy Iron and Steel Controller.

7

8 An Assistant Iron and Steel Controller.

I

Deputy Assistant Iron and Steel Controller.

8-A

Research Officer in the Office of the Iron and Steel Controller.

B-B

For Iron and Steel and FerrO- Alloy licensable by the Iron and •Steel Controller in accord ancc with the policy announced by him from time to time. 8-C Assistant Accounts Officer in the Office of the Iron ml Steol Controller.

3-D Assistant Controller of Imports & Exports, New Kandla (in 33 far as Kandla Free Trade Zone is concerned).

Development Officer (Tools),

9

10 11

Deputy Development Officer (Tools licensing). Assistant Development Officer (Tools).

l'or machine to >(s falling un- -der Port. VI of Schedule I. 12 Any Officer authorised by the Central Government for any

goods described in Schedule I.

SCHEDULE HI

APPLICATION FEES The following fees shall be leviable In respect of the application for an import licence.

Particulars

Amount of Feet Serial No.

( I)

(3)

T

application

specified in the

Rs. 50/- Where the value of the goods does not exceed Rs. 50,000/-

2 Where the value of the goods specified in the application

exceeds Rs. 50,000/-

Rupee one for every one thousand or part thereof, subject to a maximum of Rs. 5,000/-.

Provided that:— (1) The amount of fees payable shall be Rs. 50 irrespective of the value of goods specified in the application, in respect of an application for import licence,—

(i) by a small scale actual user for the import of raw materials,

components and spares; or

(ii) by an actual user in respect of any unit in the Kandla Free

Trade Zone; or

(iii) by a registered exporter, under the import policy for registered

exporters; and

303/262 THE GAZE TIE OF INDIA EXTRAORDINARY [PART I-SEC. JJ

(2) The amount of fees payable shall be Rs. 5/- irrespective of the value of the goods specified in the application, in respect of,—

(i) application for the grant of subsidiary licence, or

(ii) application for the grant of duplicate licence, or

(iii) appeal to the C.C.l.&E. against any decision by a licensing, authority on an application of review:

Provided further that no fees shall be payable in respect of,—

(aa) any application for an import licence for any goods (other than a vehicle) if the import of the goods is required by an individual for his own personal use not connected with trade or manufacture; or

(bb) any application for an import licence from a newspaper establishment for newsprint for a value covering a quantity of not more than 40 tons.

For "the purpose of collection of fees the following instructions are for general information:—

(i) Fee should be deposited, in cash, at any Government- Treasury or Office of the State Bank of India or the Reserve Bank of India, transacting the business of the Central Government, for credit to the Central Govern- ment under a separate head 'Import Licence Application Fees', subordinate to the major head 'XXXII Miscella- neous, Social and Developmental Organizations'. The treasury or bank receipt must show the name of the De- partment viz., 'Import and Export Trade Control Organi- sation', and particulars of the application for the grant of import licence, namely, description of goods for which the licence is applied for, with their value, and the licens- ing period, in the column; 'full particulars' in the Challan form T.R. 6, and must be attached to the application be- fore submitting the same to the proper authority. The application also must contain details of the treasury receipt under which the requisite fee has been deposited.

(li) No application will be entertained-which is not accompanied' by such proof of payment of the fee prescribed under this- order.

NOTE.—Applications for refund of Import licence application fees will be dealt with in Port Offices, within whose jurisdiction the fee was paid. The territorial jurisdiction of the various offices in the Import organization has been set out in the Import Trade Control Hand Book of Rules and— Procedure, 1967. Claims admitted for refund will be prepared in Form T. R. 41 with necessary authorisation by the respective Port Officers and^ sent to the firm concerned to be presented after being dully signed, at the Bank/Treasury where the fee had been originally paid in.

{PAST 1-SEO. 1] T HI GAZETTE OF INDIA EXTRAORDINARY 303/363

SCHEDULE IV

{See Clause 12)

1. Notification No. 2MTC/43, dated the 1st July, 19&, issued by |1" line Department of Commerce, as amended,

2. Notification No. 2-ITC/48, dated 6th March, 1948, issued by the late Ministry of Commerce.

3. Notification No. 4-ITC/48, dated 1st May, 1948, issued by the late Ministry of Commerce.

4. Notification No. 51-ITC/50, dated 15th November, 1950 issued by *e late Ministry of Commerce.

5. Order No. 4/S5, dated 30th June, 1955 issued by the Ministry of Commerce and Industry.

GOVERNMENT OF INDIA MINISTRY OF COMMERCE IMPORT TRADE CONTROL ORDER No. 10/65

New Delhi, the 1st December 1965

In exercise of the powers conferred by Section 6 of the Imports and Exports (Control) Act, 1947 (18 of 1947) and in supersession of the Iat" Ministry of Commerce and Industry Order No. 11/60 dated the 1st August, 1960 the Central Government hereby authorises the Joint Chief Controller^ of Imports and Exports, the Deputy Chief Controllers of Imports and Exports, the Customs Collectors and the Officers of Customs under th* Customs Act, 1962 (52 of 1962), the Iron and Steel Controller, the Deputy Iron and Steel Controller and the Superintendents of Police in the Economfr Offences Wing of the Central Bureau of Investigation, to make complaints in writing in Courts in respect of any offence punishable under Section 5 of the said Act.

Sd./- P. SABANAYAGAM, Chief Controller of Imports & Export*.

GOVERNMENT OF INDIA MINISTRY OF COMMERCE IMPORT TRADE CONTROL NOTIFICATION AS (AMENDED)

New Delhi, the 10th November, 1966

No. 12/66.—In exercise of the powers conferred by sub-clause (2) of dause 10 of the Imports (Control) Order, 1955, the Central Govern- ment hereby constitutes the following authorities for the purpose of bearing appeals against the action taken under clause 8 or 8A of the said OrdA, aamely:—

(i) where the action is taken by a Joint Chief Controller ot Ifl> ports and Exports or by a Deputy Chief Controller of Import* 4"G. of I. Ex.—19

JO372<)4 ™ GAZETTE OF INDIA EXTRAORDINARY [PABT I-S"C. 1J

and Exports, the Chief Controller of Imports and Exports, New Delhi;

(li) where the action Is taken by an authority other than any •authority referred to in item (i), n committee consis'-ing. qf th; Special Secretary and two Joint Secretaries to the Govern- ment of India in the Ministry of Commerce, New Delhi,

Sd./- A. C. BANERJEE, Joint Secy.

[PART I-SEC. ]] THE GAZETTE OF INDIA EXTRAORDINARY 3 6 3 / iM

APPENDIX 3

[Vide para 8 (2) of Chapter ITj

APPLICATION FORMS

FORM (A)

APPLICATION FORM FOR ESTABLUZBD IMP'.IH im%

I. Name of applicant . . ..

Full Postal Address :—

(/) Hjuie/Sha? No.

(•") Nam- of Street/Road

(iii) Name of Locality

(iw) Name of Stato

Telegraphic Address

•fl. Registration No. allotted to Income- tax Verification Certificate or Exemp- tion therefrom . . ..

3. Number and dite of Treasury Receipt

showing payment of the roL|U-sitt: feel under the late Cummerce arid Industry Ministry's Ordjr No. 17/55, dated the 7tti Decemb-r, 1955 as amended from tim; to time (Treasury Receipt to b" attached).

4. Licensing period in respect of which application ia made . . ..

5. Particulars of goojs to be furnished as

"hown below :—

(i) Description : Full details should

be given here or appended to appli- cation. (It is not suilijient to say Chemicals, Drugs and Medi- cines, Hardwire, etc., list of specific Chemicals, Drugs Si Medicines, etc. dosired to be im- ported should be given). In case or component or spare parts of machinery, type-writers, sewing machines, radio, etc., names of parts desired to be imported ihould b£ specified

(iii) Classification under I.T.C. Sche- dule, Part & S. N.i. ( THIS should particularly be completed posi- tion being verified in casej of doubt after reference to the I.T.C. licensing authority con- cerned).

•03/266 T H£ GAZETTE OF INDIA EXTRAORDINARY JPAIIT I-SBJ. ly

APPENDIX 3—contd,

Qy) Indian Custom* Tariff No.

(v) Value cl.f. in1 Kupctft

frt) Country of shipment

•". XPhere shipment is to be effected from

4 country difiercnt from the country

in which the goods originated, full

•tttrment of reaeons for the same

ibould be given.

jt V licence it claimed on the basis of

licence issued in the preceding period

•nd/or Quota Certificate, give parti-

culars of licence or Quota Ccrtmc"te

•* below:—

(1) Licence/Quota Certificate No. and

date.

(4) Description of goods

Q) Country (s).

(4) C.I.F. value of licence/value in

basic year imports in Quota Certi-

ficate.

(5) In case the quota certificates were

issued after 1-4-1961, whether the

original Imports against which quota

certificate is issued were made for

use in the applicants' own factory/

establishment or for stock and sale.

I. Centrai information to be furnished:—

(,.) Date of establishment of business in

India.

(l>) Nature of the concern whether pub-

lic or Private Ltd. or Partnership or

Proprieiary or Hindu Undivided

Family concern.

(

prietor or Karta as the case may

be.

(4) Nature of mam business of the ao-

plicant (Line or Liies in which the

applicant is engaged in business to

be indicated by "major heads" v.g.,

•n applicant engaged in the manu-

facture of, or dealing in, Cycles, Ra-

dios, etc., should indie ete 'C\ cles,

Radios, etc' Clear indication as

to whether the applicant is a Manu-

facturer, Wholesaler, Retailer* Sole

Agent, Indentor or Commission

Agent or any other category should

be given.

(<} Details of branches 01 associated

companies (Names and Location) :—

(1) In India.

01) Abroad.

(/) Has any application already been

made by the applicant for goods

falling under the same serial num-

ber or sub-item of serial number for

the same period from any country?

[f so, give details.

#jurr I - S tc 1] THE GAZETTE OF INDIA EXTRAORDINARY $0319$

APPENDIX 3—contd.

it) Have any branches or associated

companies mentioned In (") or any

of the gentlemen named In (c)

applied tor an import licence for

Import of goods falling under Che

same serial number or sub-item or

serial number for the same period ?

If so, give details and an affidavit

in the form prescribed at Appendix

8 to the book. If the Head Office

has submitted one consolidated

application for one item, please

make a declaration that the bran-

ches have not and will not make

application for the same Item

during the same period to any

other licensing authority,

4h) Whether the constitution or

ownership or name of the firm has

undergone any change or whether

the firm has succeeded to any

import quota rights of any other

firm as a result of division ofquota

rights of the latter. If so, men-

tion such changes aB have occurred

since the inception of business or

ist April, 1951, whichever is later,

(the information fur&i ehed

should indicate the date of change

and nature of change).

(0 The Custom House where the

import licence, if granted, will be

registered.

S. No.

Full details of the enclosure

Nature of the document

i

a

attached with the application

(every copy of the document

should be marked as a true copy

and signed beneath by the ap-

plicant.)

I/We hereby declare that the above statements are true and correct to the best of my/apt

knowledge snd belief. I/We fully understand that any licence granted to me/us on; ttw

basis of the statement furnished is liable to cancellation, in addition to any other penalty

that the Government may impose having regard to the circumstances of tie case, if it it

found that any of the statements Df facts therein are incorrect or false.

Certified that we, with Head Office at

and branches at have for purposes of impott

,

from

of

selected as the common basic year and the quota certificate on whit*

the licence is claimed, is based on the previous import in this common basic year.

Certified that we possess/do not possess two quota certificates for Serial No./Sub-Sertel

No. (to be specified) and declare that we have submitted no other application for obtaining

quota licence.

Signature

Name In Block letters. . . . . ..

Designation

Residential Address i..

Date

(i) Applicants are advised to read the licensing instruction* for the current period

carefully before filling the Application Form for import Licence,

(3) Information required against the various items in the form should be given legfa|y

and completed in all details to avoid correspondence and delay in the disposal of appHck-

ttans. The licensing authorities have discretion to reject an application if the same U not

complete in al] respect.

5Q3/268 THE GAZETTE OF INDIA EXTRAORDINARY [TAKT 1-SK, I]

APPENDIX 3—contd.

(3) A separate application should be made for each article under each Port and Serial number of the l.T.C. Schedule and noi one upplicaiion for two or more items falling under diXtcreut Parts and Serial Numbets of the Schedule.

(4) Where an application is mode for a licence for ccrdf rrquircd ngefnet en order from the Dirccfor Ginernl o1 SUIT'-"" and Di pcsals or from GoveTrmcrii Railway*, the Words "ESTABLItHlD lMI'CBI 1 PS' "' hi herd oi U;f foim should be rep'aied by tjie words D.G. SuppLcsand Disposals'CCNTRAC1S' 01'RAIL^ A \S CONTRACTS' (U the case may be).

(5) Documentary evidence as asked for should be sent along with the application.

(<5) Any special reason in support of the application may, if necessary, be explained In. a covering letter attached to the application.

(7) Applications should be signed by the Proprietor, Partner or Managing Director of the film or by any per^cn duly EuU.ori.'fd >o sign sixh application on behalf of the firm. The position held by tl.c per-on signing tie application should be clearly staled.

(8) Any ej-phcrnt suf plying falfc or inconcci informarion may be liable to have hii licence cancelled and in addition may be detailed from the grant ol any impoit licence in fuiure,

FORM(B)

FOUM OF APMTCATION FOR TMPORT OF GOODS (OTHHR THAN TIROSF FALLING UNDEK THE C . G^ LICENSING FKOCEMJRE) BY ACTUAL UM RI> WHO ARFC NOT BORME ON 'ME HOOKS OF TUB DIHBCTOKATC GENERAL OF TELKMCAL DEVELOPMENT.

P A R TI

(To be filled in by the applicant for use In the Licensing Office).

A", Particulars of applicant

I.  Name of 1 he applicant     .     .     ,
a.  Full Pos'al Address  :—
  (1)  House/Shop  No
  (ft)  Name  ol Street/Road  .      .     .
  QVO Name  oflocality  and city     .
  Qv)  Name  of State        .   .    ..
j.  Telegraphic Address       .     .     ,
4.  Address  of location of factory  .

S. Particulars of application tj

X. Registration N o. allotted to Income- tax Verification Certificate or Ex- emption therefrom . . ..

X. Treasury Receipt No. and date (Trea-

sury Receipt to be attached in original)

3. Licensing period In respect of which

application is made . . ..

4f Where shipment Is to be effected from

BL Cipuutry different from the country in which, the goods originated, full statement of reasons for the same

ihould be given . . ..

J. I" a letter of authority desired? If p name of the S im in whose favour it 6 desired.

[PAUT I-SEC. 1] THE CA7.ETTT OF INDIA EXTRAORTM^ART 3O3?2fln

APPENDED 3—contJ.

C. General Information to befurnirhed:

1. Date of Establishment of business In India. . . . . ..

2. Nature of the concern, whether Public Company or Private Company, Part- nership or Hindu undivided family Concern . . . . ..

3. Names of Directors, Partners, Pro- prietor or Kartu as the case muy be ,

4. Details of branches or associated com-

panies (Name and location) :—

(0 In India

(it) Abroad . . . ..

3. Has any application been already mnde by the applicant for goods falling under the same S. No. or sub-item of Serial No. for the same period from fny country in any category ? If so, give details. • . • •

6. Have any branches or associate com- panies mentioned in (4) or any of the gentlemen named in (3) applied for an Import licence for import of goods falling under the same serial number or sub-item of serial number for the Same period ? . „

7. I* any branch/associate concern of applicant holding an Established Im- porter quota for parricular item/items covered by this application ? If so, details of quota certificates/Established Importers licences may be given.

8. The Customs House where the import licence, if granted, will be registered

9. Full details of the enclosures attached wiih the application, (every copy of the document should be marked us a true copy and signed beneath by the applicant) . ..

PART II

(To be filled in by the applicant for use by the sponsoring authority

1. Name of the Industry and the purpose for which the raw materials/compo- nents are required . . ..

x Description of goods manufactured .

3. Production capacity

4. Actual production in the prece.lfn^;

two years , . .

5. Estimated production in ensuin<' y-ttr

*J3/37O T HE GAZETTE OF INDIA EXTRAORDINARY (TAW I - S ^. l|

APPENDIX 3—contd.

tv Capital Investment:

(?) Machinery and equipment (detail*

of machinery to be attached)

(it) Land and building* or rent of

premlieg

7. Registration No. allotted by the State

Director of Industries

€., Particulars of raw materials/compo-

nents and spare parts to be imported :—

Quantity/Number Value (c.tf.)

Hem

amJITC

S.N0.

p. Particulars of licences issued and

Imports effected during the last three

periods:—

licensing

Description

Value (cU.)

of good*

No. and date

and value

period

of goods

imported

of licence

10. Actual sales of the manufactured pro-

ducts during the preceding year

11. Value of exports, if any, of the manu-

factured products, during the preced-

ing year.

12.. Stocks of raw material/components/

spares applied for, on the date of the

commencement of the period i.e., on

1st April :—

(0 Imported

(10 Alternate sources

18 C.C.I.—13

[PA"T 1-SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/171

APPENDIX Z—contd.

13. Expected arrivals of the goods applied for on the date of the commencement of the period against licences In hand,

14. Period for which stock and expected

arrivals are to last.

15. Consumption of the imported material applied for during the 12 months:

Item Quantity/Number Value

(1) I/We hereby declare that If this licence is grafted, the goo Is wfl be utilised only for consumption as raw materiab/c mp ments or accessories in our factory and that •no portion thereof will he gold to or permitted to be used by any other party.

(2) I/We hereby declare, that the above statements are true and correct to the best of my/our knowledge and belief. I/We fully understand that any licence granted to me/us on the basis of tho statement furnhheJ is liable to cancellation, in addition to any other penalty that the Govern nont may impose or any other action tint may be taken, having rregard to the circumstances oF the owe if it is found tint any of the statements of fact* 'therein are incorrect or false.

Date:

Signature

Name in Block Letters

Designation

.

Residential Address

1 ART HI

(To be filled in by the spjnsaring authority in duplicate),

1. Particulars of goods recommended:

Req iie'iiirnts

Item &. Requirements

Value (c.i.f.)

recommend-

End. L-ie in quantity' Numner as per

Quantity/ Number re- commended for Import

ITC Serial No. installed

i 1 vilue (c.i.f..) as per insralb.l c ipaclty

capacity

ed f* import

( i)

ft)

(3)

(4)

O

303/272 T l l F- CA7rrTE OF INDIA EXTRAORDINARY n*A"T T-Sec 11

AJ>PENDIX 3—cunld.

a. fa^Whether th" applicant Is a new or

existing unit.

u new unit, whether the industry is Inc'uded In the List of banno.l In. usiries.

3. (j") Whether ihe items recommended arc ijcensable in consultation with DOTD/DC (SSI) or any other technical authori'y,

fi If so, whether ihe clearance from the concerncJ technical authority has been obtained. (The No. jnd date (if the reference of ihe leclwi- cal authority may be given) .

*4. In the case of item) av itable indige- nously whether the applicant lias produced evidence to show that, in- digenouj m-inufaciurer(s) arc un- able 10 supply.

3. In the cast of itetis which are being

impored by STC whether the STG have expressed their inability to supply the material (The No. and dat-' of their letter may be quoted).

Signature of tponsoring authority.

•This column should bo filled in only wherever necessary in termi of the import- policy in force.

NOTES: —

(1) Ap"licant5 are odv:se 1 to read the licensing instructions for the current period

carefully before liking up the Application fotm for Import Licence.

(2) Information required against the various items in the form should be given legibly and completed in all details 10 ivoiJ correspondence and delay in the dis- posal ol applications. The licensing authority have disueciion to reject ap- plication il ihe application is not complete in all respects.

3) The column regarding c't'ie licensing period in rcpect of which the application is made" i •• net required to bi tilled in by ih' applicant engaged in the priority induttries.

REGIONAL AREAS FOR PURPOSES OF ACTUAL USERS' LICENCES

AREA 'A'

(Applications ta be made to the Joint Chief Controller of Import* and Exports Calcutta)j State where factory U located. Bihar. Orissa. West Bengal. Tripi;ra. Andamnn and Nicobar Islands.

AKEA 'B*

Applirations to be made to the Joint Chief Controller of Imports and Exports Bombay). State where factory 1B located.

Maharashtra nM the Sw.e of Gujarai, excluding Kutch and those Di*trkci(" of"

Bombay ;5fate wnich were formerly known as SaurashiTu.

Madbya Pradesh.

JPABT I-Stc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/273

APPENDIX 3—contd.

A R E A 'C

(Applications to be made to the Joint Chief Controller of Imports nnd Expotti Madras). State where factory Is located. Madras.

Andhra Pradesh excludinR the districta of Goanwari East and West, GuntUr Krishca, Vihakhapatnani and Srikakulam.

A R E A ' D'

^Applications to be made to the Deputy Chief Controller of Imports and Export*.

Ernakularn). State v\l ere I net or y is located. Keiala State, Laccadhe, Minkoy and Ainindivi Islands,

AREA 'E'

vApplications to be made to the Joint Chief Controller of ImportSj Central Licensing Area, Delhi)— Delhi. Himadial Pradesh. Punjab. Rajasihan. Haryana CI;aii.JigarU

A R E A 'P

(Applicolions to be mndc to the Controller of Imports and Exportn, Ralliot)— Ihoee D'iiiicts of Oujurai Stale which were formerly known OJ 'i.t;urablilro'.

AKEA'G1

(Applications to be made to the Assistant Controller of ImrOrts nud Exports, New >~andia)— Kutth ol Gujarat State end New Kandla including Kandla Tree Trade Zone.

AREA 'H'

(.Applications to be made to the Controller of Inports and Exports) Visakhapnmam)—

Andhro Pradesh Districts of Godwari E""t and West, Guntui, Kiiibna, Visakhapainum and Siiki.kulam.

A K E AT

(Applications to be mndc to the Controller of Imports and Exports, Pondicherry)—

Former French Ebiablibhnienu m India.

AREA T

;Api-lications to Dc made to Asstt. Controller ol Imports and Exports, Sbillong)—

Assarn. Marvipur. N.1I.F.A. KagaJand.

AREA 'K'

(Applications to be made ".o the Conrrolltt of Imports and Fxporta Bangalore)—

Mysore.

AREA'L'

(Applications to be made to the Deputy Chief Comrofler at Import* "n^ Exports PoDJirn, G o a )^ Goa, Daman and Dlu, Dudra and Nagar Havdl.

J03/374 T HK OAZSTTft OF INDIA EXTRAORDINARY {PAW I-^KO. f|

APPENDIX l~contd.

A*HA 'M'

Ar plications to be made to the Controller of Import* and Export*, Srinagar)—

Jammu ind Kashmir.

AKHA'N*

ppfications to be mode to the Deputy Chief Controller of Import* ind Export*,

Kanpur)—

Uttar Pradesh.

FORM (C)

Licensing Pcnod

Code No

-fOFM OP APPLICATION FOR IMPORT OF RAW-MATERIAL, COMPONENTS AND SPARB

FARTS FOR CERTAIN SPECIFIED INDUSTRIES AS WELL AS OTHER INDUSTRIAL UNITS BORNB

ON THE LIST OF THE DIRECTORATE GENERAL OF TECHNICAL DEVELOPMENT.

through the Directorate General of Technical Development. Only two copies

should be submitted of which one will be retained by the Director General of

Technical Development and the other passed on to the Chief Controller of Imports

and Exports).

Application for a licence for import of goods (other than those falling under the CnpitaJ

Goods Licensing Procedure) vide Government of India, late Ministry of Commerce aoil

industry Order No. 17/55, dated 7th December, 1955.

A. Particulars of Applicant

I. Name of the applicant .

a. Full Postal Address(:—

(i; House/Shop No.

(ii) Name of Street /Roan

(ill) Name of Locality

(iv) Nome of State .

3. Telegraphic Address .

4. Address of locatlon'of Factory

'B. Particulars rtgardinfjndustrial Unit

t. (j) Name of the Industry

(ft) Name of product and the exact pur-

pose for which the raw-material

IB required (preferably the func-

tion served by the raw-material In

the manufacture of the product,

should be explained).

-*. DtbCiiptlon of goods manufactured

5. Production capacity separately for

ench store for which difievent

raw mater a's arc df sired to b.- in

pcrted

PPiW 1-Stc. 1J THJE GAZETTE OF INDIA EXTRAORDINARY 303/273

APPENDIX 3—oontd.

4- (f) Actual production In the last

calendar year.

NOTB : If there wai stoppage of

production for "ny

period, indicate the

duration of the period

and the reaiont therefor.

(A) In the case of undertakings uti-

lizing non-ferrous metals as raw-

materiali, Indicate portion of the

actual production mentioned

against (J) above if any, achieved

through assistance of raw ma-

terials/foreign exchange received

from Source* other than D.G.T.D.

3, Estimated production in the next

calendar year

6, In the case of industrial undertaking*

intending to go into production for

the first time or in the case of an

existing industrial undertaking in-

tending to go into substantial ex<

pansion 0 line production ol existing

article of manufacture, indicate :

(0 value of (a) Imported plant and

machinery required.

(i) Indigenous plant and

machinery required.]

(ff) Value of letter of credit, if any

opened for the import of plant

and machinery and the date

thereof,

(*0 Valuo of orders placed if any,

for the purchase of indigenous

plant and machinery.

(ID) Expected date of commencement

of production/expansion of pro-

duction of an existing article of

manufacture.

7. Factory No. allotted by the Directo-

rate General of Technical Develop-

ment.

C. Particular of application*

1, Registration No. allotted to Income-

tax verification Certificate or exemp-

tion therefrom.

303/276 T HE GAZETTE OF INDIA EXTRAORDINARY [PABT I - S M. 1]

APPENDIX 3—contd.

a. Treasury Receipt No. and dato

(Treasury Receipt to be attached).

3, Licensing period in respect of which

application is made.

4. Particulars of raw-materials to be Im- ported (To be furnished *n tubular form enclosed).

•5. Particulars of licences Issued and im- ports effected during the lasi 13 months.

6. Where shipment Is to be effected from acouitry different fmm the country in which goods originated, full scate- meni of tlii rcjsoai for the game ehould be given.

7, Is a Letter of Authority dcilred ? If so, name jf the tfirin lu whOicfavoul It is dciircJ.

.O- Spare-parts :—

CIF value of the sojre-parM to bo imported and thtir description

,B. Gtntral Information to Jit furnished

1. Date of establishment of business in

India.

2. NalureoftheconcernwhctherPublic or L'rivme LtJ., I'artticrship or Pro- prietary or Hindu undivided family coiicer...

3. Name of Director's Partners, Pro

prietor or Kartu as the case may be,

4. Details of branches or associated com-

paiiics (Names and locauou ) 1

(0 in InJia

(ft) abroad .

rj. tin any appll^tionbe^n already made by lilt "p|:Heart for rmods falling ua= [PA"T I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/277

APPENDIX 3—contd.

6. Have any branches or associated com-

panies mentioned in (41 or any of the gentlemen named in (3) applied for an impon licence for im port of goods falling under the same serial num- ber or sub-item of serial number for the same period ? If so, give details. . t

7. I" any Branch/Associate concern of

applicant holding a quota certificate E.I. licence fur particularitem/ucmi covered by this application ? If so, detail* of iuch quota certificates/Es- tablished Importer Licence may bo given .

8. Please state whether your industrial

un dertaking is registered or licensed J unJer the InJusiries(Development and Regulation) Act, 1951. Ifso) quote the number and date of Regis- tration certificate or the licence issued by lute Ministry of Commerce and LiJustry and aWo indicate the naim of Scheduled Industry.

9. The Custom House where the im-

port licence, if granted will be registered.

IQ. Full detaib of the en:losures attach- ed with the application (tvery copy of the document shjulJ be marked as a true copy and signed beneath by the applicant).

11. Are you a member of tko Indian

Standards Institution/

(1) I/We hereby dschre that the goadi for the Import of which tho application has been ma i:: are not m :m for u>s in the miuufa;ture of new articles for which a ticenco h*a not been obtained unier Industries (Dcvelopmeiit and Regulations) Act, 1951.

(2) I/We hereby declare that if this licence is granted the goods will be utilised only for consumption as raw materials or accessories in our factory and that no portion thcreofj will be sold to or permitted to be used by any other party.

(3) I/we hereby declare thit the above statement* ore true and correct to the best of my/our kn.iwlej^c anJ belief. I/We fully understand that the licence gramed to me/us on the baits of the st-ice ncnts furnished is li iblc to cancellation, in adJitiun to anv other penalty thit tin Gjverrmcnt rmy impose having regard to the circumstances of lliccuse u it is f Jund that auy of the statements or facts therein are incorrect or false.

Dite 1 Signature ,,

Name in Block Letten

Designation

Residential Address, „

i}Mf278 ™ GAZETTE OF INDIA EXTRAORDINARY [PAKT I - S W. I]

APPENDIX 3—cantd.

Now

(l) Applicant! are advised to read the licensing Instructions for the current period carefully

before filling up the application Form for import licence.

(a) The information required againit the various items in the form should be given

legibly and completed In all details to avoid correspondence and delay In the disposal'

of applications. The licensing authorities have discretion to reject an application

if the application is not complete in all respects.

(3) Documentary evidence if asked for should be sent along with the application.

(4) Any special reasons in support of the application may, if necessay, be explained In

• covering letter attached to the application.

(5) Application ihould be signed by the Proprietor, Partner or Managing Director of the

flrtn or by any person duly authorised to sign any legal declaration on behal f of the

firm. The position held by the persons signing the application should be clearly

stated.

(6) Any applicant supplying false or Incorrect Information may be liable to have bis licence

cancelled and 1 n addition may be debarred from the grant of any import licence in

future.

.

(7) The column regarding "the licensing period in respect of Which the application

is made" is not required to be filled in by the applicants engaged tin the priority

Industries.

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\FJXI I-Sra. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/279

APPENDIX 3—contd.

Form (D)

APPLICATION FORM FOP NBW COMERS

Deleted

FORM 'E'

Code Number (In the case of industrial undertaking* borne on theliitofD.G.T.D.). Form "f application for import of Capital Good* and Heavy Electrical Plant The application should be tent in duplicate

Ml—

I. Joint Chief Controller of Imports & Ex- For all Textile Machinery other than Jute ports (Capital Goods), Bombay. and Hemp machinery.

a. Joint Chief Controller of Imports* Ex- For all Jute and Hemp Textile machinery ports (Capital Goods), Calcutta. and machinery for coal mining and tM

industry.

3. Chief Controller of Imports & Exports For other Capital Goods.

(Capital Goods) New Dehi. (Applications from units borne on the books of the Directorate General of Technical Development should be sent through the D.G.T.D. The appli- cations from small scale industries ihould be sent through the sponsoring authority concerned and the Develop- ment Commissioner, Small Scale In- dustries, New Delhi).

4. Chief Controller of Imports and Ex- For Heavy Electrical Plant.

ports (H.E.P.) New Delhi. (The applications should be sent through the C1W.&P.C. (Power Wing) Government of India, Bikaner House, Shahjahan Road, Mew Delhi).

PART I

(To be filled in by the applicant for use in the licensing office)

1. Particulars of the applicant

(a) Name (b) Full postal address

O) House/Shop No.

(li) Name of Street/Road, (in) Name of Locality, (iv) Name of State. (c) Telegraphic address.

2. (i) Nature of the concern, whether

proprietary/partr ership/Prtvate/Limited/ Public Limited.

(U) Name of the pioprietor/Ptrtnert/

Director*.

j. (i) Name and location of the industrial undertaking for which capital good* are required.

(U) Place where the good* are to be

installed/used.

4. Registration Number allotted to Income

Tax Verification Certificate or exemp-

tion therefrom by the licensing autho-

rities.

" O. of L Ex.—20

303/280 T HE GAZETTE O¥ INDIA EXTRAORDINARY [PABT I-Swa. 1]

APPENDIX 3—comd.

5, Details of Treasury Challan or bank certificate under which the requisite application fee prescribed under the late Commerce & Industry Ministry's Order No. 17/55 dated 7th December, 1955 as amended from time to time has been deposited (Treasury Receipt to be attached).

6. Detailed description of goods. (Two Statements, duly attested, one for Ca- pital Goods other than machine tools and the other for machine-tools, giving the following particulars should be furnished) :—

(fi Serial No.

(M) Description of Capital Goods/ Machine Tools with full specifi- cations. As far as possible manu- facturers' illustrated descriptive pamphlets giving detailed specifi- cations should be furnished,

(fit) Quantities. (iv) Manufacturer's name and ad-

dress.

(v) Supplier's name and address.

(.W) Country/Countries of origin (in-

the order of preference), and ship- ment respectively.

(pit) Manner of financing the imports. (jriU) CIF value of goods in rupees. (Satisfactory documentary eviden- ce from foreign suppliers e.g. the proforma invoice, etc. in support of the value declared should be submitted)

(ix) (a) For machine goods—Code Number as appearing in the code book. Classification machine-tools types".

(jb) For other capital goods—Part and serial No. of the Import Trade Control Schedule.

7. Purpose for which goods are requir-

ed:—

(a) Replacement of existing machi- nery and/or maintenance or exis- ting plant without involving subs- tantial expansion of capacity ; if so, when was the plant installed or when was the machinery in question last repaired?

<6) Additions in the nature of sup- plement to the existing plant for the purpose of rationalisation/mo- dernisation or for improvement in the quality of the products without involving substantial expansion; if so:—

<0 What Is the capacity of the exis- ting plant and what will be the capacity after these additions?

(PAW X-SEO. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/l8l

APPENDIX 3—contd.

(W) Whether the additional machi- nery/equipment would necessi- tate the import of any new raw material for any increase in the amount of the existing raw ma- terial; if "o, give the descrip- tion of the raw-materials, an- nual requirements and tho ap- proximate GIF value.

(e) New undertakings or substantial expansion of the existing under- taking or manufacture of new arti- cles; if so—

(0 Indicate the number and date of the industrial licence issued un- der the Industries (Develop- ment & Regulation) Act, 1951 or the number and date of the communication in which the ap- proval of the sponsoring autho- rity has been given.

(W) What was the requirement of the foreign exchange for import- ing plant and equipment indi- cated in the application for the industrial licence or in the ap- plication for obtaining the ap- proval of the sponsoring autho- rity and if that value is different from the one given in this appli- cation give reasons therefor?

(d) tnd-product for the manufacture of which the machinery is sought to be Imported.

8. Do the goods covered by this appli- cation form a complete order or only •n instalment? If the latter, state:

(a) the extent of the Instalment. (6) the extent of the full order.

(") the date of any connected appli- cation for import licence, and No. and date of any licence Issued.

9. (0 Will the goods covered by this application ensure the produc- tion of all the articles specified in the industrial licence/approval of the sponsoring authority; If not indicate the articles co- Tered.

"0 Will the goods covered by this application result in a capacity higher or lower than that licensed under the Industries Act or approved by the spon- soring authority? Jf so, Indicate the extent of difference and reasons therefor.

903/382 THE GAZETTE OF INDIA EXTRAORDINARY [PAM I-SlQ. l)f

APPENDIX 3—contd.

10. Ii any issue of capital Involved for

the purpose of Importation of these

goods ? If so, hat the consent of

Government been obtained, and in

the name of what Company ? Also

•tate what are the amounts of the

present capital and the proposed

expanded capital ?

fi. It the ;mportation of goods to be

made against any foreign share

capital ? If so, furnish evidence

to show that the terms and condi-

tion of foreign collaboration have

been approved by the Government of

India ?

Ui Have you made enquiries from all

indigenous suppliers of items inclu-

ded in the application mentioned

in the D.G. T. D.'s published list

of suppliers of items ?

Not* : Copies of correspondence with

suppliers to be enclosed. Where

no replies have been received

within one month, this fact

may also be mentioned.

15. Whether the machinery to be imported

(a) Second-hand and reconditioned,

or

(b) New.

If (a)j a certificate from the supplier*

or a firm of consulting Engineers

should always be furnished to indicate

the age of machinery, its present

condition and probable unexpired life.

14. Applicants for H. E. P. should supply

the information on the following

points :—

(1) What is the total requirement

for a particular project or scheme

for which the import is applied

for;

(U) Date (s) by which the stores are

required to be in position or

on site and whether any stagger-

ing It possible,

(iH) Date of advertising the Public

tenders;

(ir) Details of prices and deliveries

offered by the indigenous manu-i

facturenand alsoby thetmpor-,

t e n;

(v) Details of orders placed on in-

digenous manufacturer!; and

(v<) Ground on which importers am

asked for.

[PA1T I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/283

APPENDIX 3—contd.

15. The Customs House where tho import licence, if granted, will be registered,

t6. Full details of the enclosures attached with tho application every copy of tho document should be marked as a true copy and signed beneath by the appli- cant.

I/We hereby declare that the abovo statements are true and correct to the best of my our knowledge and belief. I/We fully understand that any licence granted to me/ua On too basis of the statements furnished is liable to cancellation in addition to any other penalty lhat the Government may Impose having regard to tho circumstances of the case if it it found that any of the statement of facts therein are Incorrect and false.

D"e

Singature Name in Block Letters Designation Residential Addresj

(1) Applicants are advised to read tho licensing instruction for the current period carefully before filling up the Application Form for import licence.

(2) The infomation required against the various items in the form should bo given legibiy and complete in all details to avoid correspondence and delay in the disposal of their applications. The licensing authorities have discretion to reject an application If the application is not complete in all respects.

(3) Documentary evidence as asked for should be sent along with the application.

(4) Any special reasons in support of the application may, if necessary, be explained 10 a covering letter attached to the application.

(5) Applications should be signed by the proprietor, partner or managing directoi of the firm or by any person duly authorised to sign any legal declaration on behalf of tho tan. The position held by the person signing the application should bo clearly stated.

(6) Any applicant supplying false or Incorrect infromation may be liaole to have nit licence cancelled and in addition may be debarred from the grant of an import licence In future.

PART II

Tobe flllei in quadruplicate for import of Cipital Goods by Exporter-Manufacturer*)

-I. Name and full address of the exporter-manufac-

turer.

.". Nomenclature of products manufacturers indicat-

ing the product being exported.

3. Quantity and value of production of each of the products manufactured for the last three financial years (in computing the value ot the production please give both the internal sale value as well as the f.o.b. export value).

4. Quantity and f.o.b. value of export productwlse, for the laat three financial years (indicating also the countries to which exported. A statement of exports made, certified by the concerned Export Promotion Council/Commodity Boards should be

enclosed).

-5. Description, quantity and the c.i.f. value of the capital goods sought to be imported (detailed list of goods to be attached).

303/284 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SWJ. 1J

APPENDIX 3—contd.

6. Preferred sources of supply of capital goods in order

of preference indicating values.

7. Whether the exporter-manufacturer is a registered exporter (give details of registration number and date and the authority with whom registered) and/ or a member of an Export Promotion Council.

8. Whether the registered exporter-manufacturer holds a licence under the Industries (Development and Regulation) Act for the products currently manu- factured (if so, details to be given) and whether, In the event of the capital goods being required for an expansion of capacity or production of new articles, steps are taken by him to havo the neces- sary expansion or diversification licence.

9. The detailed end-uses of the capital goods sought

to be imported with a precise assessment of:

(0 increases in future exports both by quantity

and value over the next three years]

(ft) Reduction hi costs of production for streng- thening the competitive position abroad;

(iii) rise in unit value of exports; and

("") diversification of exports both in terms of pro-

ducts and markets.

10. In event of the capital goods import being agreed to, whether the applicant would need a cash licence or he can find his own foreign exchange accom- modation.

PART III

(To be filled in by the sponsoring authority)

1. Address and location of the factory

a. Registration number allotted by theTsponsoring authority or number and date of licence issued under Industries (D. & R.) Act, 1951.

3. Existing or proposed block capital investment ta Existing Proposed Total Rupees hi the shape of machinery and equipment. Rs. Rs. g.

4. Items proposed to be manufactured with the ma-

chinery to be imported.

5. Sanctioned manufacturing capacity per annum and details of articles produced during the past 3 years, indicating quantity and value separately.

6. Details of estimated production, c pacity weight,

number etc.

[PAST I-SEC. 1] tti£ GAZETTE OF INDIA EXTRAORDINARY 303/285

APPENDIX S—contd.

7. Whether the proposed machinery is required for setting up of new units, modernisation, improve- ment, balancing, replacement or expansion of ca- pacity. If for replacement the date of import/ purchase of the existing machinery may be indi- cated (in the case of SSI units, the applicant has to furnish a certificate from the N.S.I.S.I. of the state concerned as provided in Chapter VI of the Hand Book of Rules and Procedure, 1968. The sponsor- ing authority may ensure that the required certi- ficate accompanies the application).

8. Raw materials required in the production and sources from where these are proposed to be pro- cured. In case of imported raw materials, quantity >nd Value of annual requirements may be indicated.

9. Details of machinery recommended for import (with one copy of the detailed list of equipment at- tested and stamped pagewise).

Description of the machinery and equip-

ment

Quantity of each item

CI.F/TRltM in^rupcei s. No.

10. Indicate whether the applicant is willing to under- take the export of the products already manufac- tured or proposed to be manufactured by him. If so quantity and value of estimated exports per annum may be indicated.

CERTIFICATE

I am satisfied that this firm is engaged in the production or is desirous of establishing: production of the articles mentioned above and that they have a genuine d ifficulty in obtai- ning machinery and equipment the import of which is now reocommended.

Date:

(Signature and designation of sponsoring authority with stamp

of office)

303/286 T HE GAZETTE OF INDIA EXTRAORDINARY [PACT I-Sw. 1J

APPENDIX Z—contd.

Form (F)

APPLICATION FOR ESTABLISHMENT TOP QUOTAS OR

REVISION OF QUOTAS

I. Nome of the firm . . ..

Full Postal Address t

(1) House/Shop No. .

(ii) Namo of Street/Road

(iii) Name of Locality . ..

(Iv) Name of State

a. Description of goods . ..

3. isemi No. and Pan of the I. T, C.

Schedule.

4. Quota certificate N o. and Date held on

any one or. both the currency

Areas, e.g. S.C.A. and Q.C.A, (Quota

certificate sought to be revised to be

enclosed j If no Quota certificate is

held in any of the areas, this should

be Indicated.

Particulars of Quota certificates held

•Q. C N o. and Date] S. No. and Basic Year Currency area Value

Part No.

3. If no quota certificate is held, or

if the old quota certificate is sought to

be revised furnish detail? of past i m-

ports in the basic year as the case may

be, in the form enclosed along with

relevant documents. A certified

copy of each of the documents duly

signed should alscr be furnished ,

(a) Date of Establishment of busi-

ness in India

(b) Nature of the concern} whether

Public or Private Ltd., or partner-

ship or proprietary or Hindu

undivided Family concern

(")JName of Directors, Partners,

Proprietors or Karta , . ,

{d) Details of branches or associated

companies n India (Names and

Locations) 1 Furnish name of the

Btnk *n which you have a

Bftnk account together with the

number Of Accounts, If any .

[PAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/2S7

APPENDIX 3—contd.

C")IHa" any application been made by the applicant for fixation of quota for goods falling under the same Serial No. or sub-item of Serial No. If so, give details, basic year chosen and letter No. and date containing the decision of the authority to whom the app- lication was made with the same set of documents .

(/) Have, any branches or associated companies mentioned in (d) or any of the gentlemen names in (c) applied for fixation of quotas for goods falling under the same Serial No. or sub-itcrn of the Serial No. If so, give details and the basic year chosen. Also dec- lare that a common basic year has been chosen.

(g) Whether the firm or its Branches or its associate concerns are in receipt of any import licence for the same or similar items as Actual users and If "o particulars of such licen- ces should be furnished. (h) Mention the changes in the consti- tution/name of the concern since inception or ist April, 1951 whichever is later in the state- ment below t —

Date of change Brief Nature of

change

No- and Date of Communication sanctioning transfer of quotas

Reason* to prove the necessity for

establishment or refixation of quotas. (If necessary this infromation may be given in a separate statement)

S. No. Nuture of the document.

8. Foil details of the enclosures attached with the application. (Every copy of the document should be marked as a true copy and signed beneath by the applicant).

(1) I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We fully understand that any Quotas certificate granted lo ma/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that the Government may impose having regard to the circumstances of tho oate, if it Is found that any of the* tatement or facts therein are incorrect or false.

(If) I/We possess/do not possess two quota certificates for Serial number/sub-seriol number (to be specified) and declare that I/we have submitted no other application for ob- taining quota certificates for tho same serial Number/Sub-Serial number previously.

Station

Data

Signature Name in Block Letters Designation Residential Address

303/288 'HIE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

APPENDIX 3—contd.

ANNEXUttE TO THE APPLICATION FOR ESTABLISHMENT OF

FRESH QUOTAS OR REVISION OF QUOTAS

STATEMENT OF PREVIOUS IMPORTS

Particulars of Bills of Entry      C.  I.  F. Detailed   Country    Name  of
        No  and Date etc.        value of the : descrip- whence      steamer
         (0  Bill of Entry  Cash Items ap-    tion  of  consigned   by which
          No.  and (duty paid)   plied  for  goods (as  as  shown  imported
          date in respect  of    as shown   shown in      in  the   and  the
          Home Consumption      In the in-  the Bills    Bill of     port  of
          Bill of Entry,                     of Entry)  Entry,  or     entry
      (fl)  I. D. F. No. and                 imported.  place of

voice and

accepted

by the

date in the case of duty free articles.

despatch in respect

Detailed parti- cular* of rele- vant licence •gainst which import! were

customs (Rupees).

(in) Bond No. and date

of imports by post.

effected. Category,. Licence No. & Date, In respect of bonded goods (ex-bond green bills of entry not to be taken into account)

(to) Post parcel 'B* No.

value, S. No. EI/Adhoa and date of Import- ation-

etc

(")

No. of

documents

Date of importation

<~r I

6

2

3

4

5

I/We solemnly declare the above statement to be true and correct to the best of my/' our knowledge and that it does not include imports specified at items (a) to (") of the note- below and the imports short landed short supplied or last in transit,

Signature'

,

Name in Bolck Letters

Designation

Residential Address

[PAW I-SECL 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/289

APPENDIX 3~contd.

NOTE:—

(a) Imports made in contravention of the import trade control rules and regulations.

(b) Imports made without a valid licence and cleared under a

warning.

(c) Imports made in excess of the value of the licence and allowed to be cleared by the customs authorities on payment of fine/ penalty. Only such excess will not qualify for quota fixation.

(d) Imports made by the applicant under a letter of authority authorising him to import goods against a licence granted to another party.

(e) Imports made under licences granted against the orders of the late D.G. (I. & S.) (now D.G.S. & D.) or of the State Railways.

(f) Imports made under licences granted to actual users in respect

01 raw materials or accessories or other articles.

(g) Imports made under ad-hoc licences (other than those ad-hoc licences which were issued for imports of goods for stock and: sale purposes only) or licences granted subject to the express condition that imports thereunder will not be taken into account in calculating quotas whether the licences are marked N.Q.Q, or not.

(h) Imports made against C,G. & H.E.P. licences by actual usera or other imports against orders from actual users. However, imports made against C.G. & H.E.P. licences for stock and sale purposes will be taken into account for purposes of calcu- lation of quota only in respect of S. No. 36/11, S. No. 4 /m and S. No. 65/V of the I.T.C. Schedule.

(1) Imports of goods of no commercial value mado under O.G.L. IV.

(j) Imports made against licences granted under the export pro- motion schemes, avocation schemes or under the import policy for registered exporters.

(k) Imports made against "replacement licences".

(1) Imports of casual nature e.g. imports for personal use or imports

as samples.

(m) Imports of equipments against licences issued under the Irri- gation Projects Licensing Scheme.

(n) Imports made under licences issued through inadvertence or mistake or contrary to rules or provisions of Imports (Control) Order, 1955, or obtained by fraud or misrepresentation, subse- quently detected.

(o) Impots made by an actual user under O.G.L. or otherwise of goods which were used by the actual user in hia own factory/ establishment.

303/200 THE GAZETTE OF INDIA EXTRAORDINARY (PAIT t-SKk 1]

APPENDIX 3—contd.

(p) Licences issued against specific orders from actual users, (q) Goods which are not cleared for home consumption,

(r) Imports made against licences issued under National Defence Remittance Scheme.

(s) Imports made under the concession of interchangeability provided to established importers.

FORM 'G'

FORM OF APPUCATTQN FOR REVALIDATION OF LICENCES

PART A

I. N MM and Ml address of the licensee .

ft. Llotnot NO., date & value .

3. Fllo No. of the licensing authority from

which the licence was issued.

4. Description of goodi . . ..

j. Value for which goods have been shipped

during the initial period of validity in-

cluding period of revalidation already

. •

availed of, if any

' S. Value for which Irrevocable commitment

ha* been made during he initial period

of validity including period of revalida-

tion already availed of, if any, (Sup-

porting documentary evidence should

be furnished)

7. Whether first or second or subsequent

request for revalidation (in the cue of

second or subsequent requests, the

period of revalidation availed of earlier

Should be indicated) . . ..

I. Raasons for seeking revalidation (sup-

porting documents to be furnished) .

g. Parted of revalidation applied for .

10. List of enclosure*

(Signature with full name)

Designation . . . , . . . , _,

Place Relationship

• Date

Full address

• •

. . . . . * • • • • • . . . . • . • ".

[PAKT I-6aa I] THE GAZETTE OF INDIA EXTRAORDINARY 303/291^

APPENDIX 3—contd.

PART B

Recommendations of the sponsoring authority

PART C

Action in the licensing office

FORM "H*

Transferred to Appendix 4

303/292 ™E GAZETTE OF INDIA EXTRAORDINARY [PjUtT I-SlQ, 1]

APPENDIX 3—contd.

I

Application form for established Importers

(Repeat Licensing Scheme's) Deleted.

{FAST I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/2J0

APPENDIX 3—contd.

FORM (ft

Form of application for a licence for Import of Newsprint

for publishing NewspapenlPeriodicah

PART I

(To bojfllled in by thr applicant for use in the licensing Office

A. Particulars of the applicant

1. Name of the applicant . 2. Full Postal Address:—

(i) House/Shop No. (a) Name of Strcct/Road

ftii) Name of locality and City . (tu) Name of State . . ..

3. Telegraphic Address

B. Particulars of application:

1. Registration No. allotted to Income tax Verification Certificate or Ex- emption therefrom

2. Treasury Receipts No. and date (Treasury Receipt to be attached in original)

3. Licensing period in respect of which

application is made .

4. (a) Country from which the goods arc sought to be imported

(b) Where shipment is to be effected from a country different from the country in which the goods origi- nated, full statement of reasons for the same should be given ,

5. In a letter of authority desired' If so, name of the firm in wbow favour it is desired „

•C, General Information to be ftirnipbrd :

1. Date of Establishment of business

in India . . ..

a. Nature of the concern, whether Pub- lic Company or Private Company, Partnership or Hindu undivided family concern .

3. Names of all the Directors, Partner, Proprietor or Karta as the case may be with their address .

4. Details of branches or associated companies (Name and Loca.- tion):—

.

(0 In India . (iV) Abroad,

5. Has any application been already made by the applicant for goods falling under the same S. No. or sub-item of Serial No. for the same period from any country in any category? If so, give details.

3Q3/294 T HE GAZETTE OF INDIA EXTRAORDINARY [PAOT 1-8*0. 1J,

APPENDIX 3—contd.

6. Have any branches or associate com- panies mentioned In (4) or any of the gentlemen named In (3) applied for on import licence for import of goods falling under the same serial number for the same period ?

7. Ii any branch/asgodato concern of applicant holding an Established Importer quota for particular item/ teems covered by this application ? If 80, details of quota certificates/ Established Importers licences may be given . . ..

8. The Customs House where the im- port licence, if granted, will be registered

9. Full detail of the enclosures attached with the application. (Every copy of the document should be marked u a true copy and signed beneath by the applicant) . . .

PART II

To be filled in by the applicant for use by the sponsoring authority)

(0 Title of the newspaper/periodical and the date from which it is regularly published . .

(tf) Area of the page of newspaper/ periodical (in sq. inches ) during 1957 or the first year of publica- tion and also during previous licensing period . ..

(iff) A verage number of pages per issue,

including supplements, during 1957, or the first year of publica- tion and also during previous licensing period

(/") Periodicity of issue and language of the newspaper/periodicals and whether it has been in regular publication during the last calen- dar year indicating the actual number of days of publication.

U) Average circulation per publishing

d"y during the period April 1961— March 1962, indicating the paid and free (Including complimen- tary, voucher, exchange, bonus, cample and ofBoe copies only) circulation, separately. Copies representing unsold returns and other copies which might have bean printed, but not actualrt told or distributed free us compli- mentary, voucher conks, etc should not be Included in the cir- culation statement but shown ie- ptrttely. The numborof cople*

TPAUT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/295

APPENDIX 3—contd.

distributed free, unsold returns

or any other copies printed but

neither sold nor distributed free

-would be taken into consideration

for purposes of allotment of news-

print, provided theie represent a

reasonable percentage of the print

order. The circulation along

with size and pagei should be

certified by a Chartered Accoun-

tant where it exceeds 2,000 copies

per publishing day

the date of ist April, (current

year) or the date nearest to it,

should also be sent . .

(oi'O whether the newspaper/periodical

Is registered with the Registrar

of Newspapers for India, and,

if so, the Registration Number

allotted . . ..

(piti) The total quantity of newsprint

(imparted and indigenous to be

shown separately) allotted and

consumed during previous licens-

ing period. In case an applicant

consumed more newsprint than

what had been allotted for the

period mentioned above, the

source (s) from which the addi-

tional quantities were procured

ahould also be indicated , .

(is) Details whether the newspaper/

periodical is printed on rotary

or flat-bed press or any other type

of printing machinery, and .

j. Particulars of newsprint to be imported.

Quantity Value (ci.f.)

Item and

1TC S. No.

6, Particulars of licences' Issued "nd imports effected during the last three period*.

'Licensing Period No. and date and value

Description of Roods

of licence

Value (c.l.f.) of

imported

7. Stocks

Expected arrivals against Licences,

c.t.f. allocations, Nepa

and Printing & Writing paper

a. .-.thnriMtilan

\^atn" pnvious

Total

Total A^iitnt current year quota, if any

Against previous

licensing entitle-

ment

Against current

year expected

entitlement

(iceniin? y;ar

•entitlement

49 G. of I. Ex.—21

3o3/296 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I-SEC. 1)

APPENDIX 3—contd.

(i) Imported:

( < j) G l a z ed . . ..

(b) U n g l a z cd . . ..

(I'O Ntpa Newsprint

(Hi) Printing & Writing Papzr .

8. Period for which stock and expected

arrivals are to last .

9. Consumption of the imported Newsprint during the 12 months

Item Quantity Value

r. I/We hereby declare that If this licence is granted, the goods will be utilised only for printing of the Newspapers/periodicals for which the same is applied for and no- portion thereof will be sold to or permitted to be used for any other ncwspaper(s)' 01 for any other purpose.

z. I/We hereby declare, that the ab 3vc statements are true and correct to the best of my/our knowledge and belief. I/We fully understand that any licence granted to- me/us on the basis of the statement furnished Is liable to cancellation, in addition to any ether penalty that the Government may impose or any other action ,that may be taken, having regard to the circumstancca of the case if it is found that any of thc. statcments of facta therein are Incorrect or false.

Signature

Name in Block Letters

Designation

, Dated : —

Residential Address .•. -. -

[PA*T I-SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/297

APPENDIX 3—contd.

FORM ' K'

FORM OF APPLICATION FOR PUBLIC SECTOR PROJECTS AND UNDER-

TAKINGS FOR IMPORT OF (I) MAINTENANCE AND OPERATIONAL

ITEMS OF SPARES AND STORES & (H) RAW MATERIALS, COMPONENTS

AND MAJOR ASSEMBLIES

I. (i) Name of the applicant,

(il) Postal address of the applicant,

nil) Telegraphic address of the applicant. (Iv) Address and location of factory.

a. Particulars Regarding Industrial Unit :

(i) Name of the Industry and the purpose for which the goods applied for ar" required;

(il) Description of goods manufactured.

3. Treasury Receipt No. and date (Treasury Receipt to be attached). 4. Licensing period. 5. Particulars of goods to be imported ind their c.i.f. value (to be detailed in a sepa- rate list to be attached).

6. Where shipment is to be effected from a country different from the country in which the goods originated, full statement of reasons for the same should be given.

7. la a letter of authority desired, if so, Name of the firm in whose favouf it Is desired

(necessary documentary evidence should be furnished).

8. Central Information to be furnished :

(1) Nature of the concern;

(ii) The Customs House where the import licence if granted, will be registered.

9. Full details of the enclo3ures attached with the application :

DECLARATION

(1) I/We hereby declare that the goods for ihe import of which the application has been made arc not meant for use in the manufacture of new articles for which a licence has not been obtained under Industries (Development and Re- gulations) Act, 1931.

(2) I/We hereby declare thar if this licence is granted the goods will be utilised only for consumption as raw materials or accessories in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

(3) I/We hereby declare that the above statemonts ate true and correct to the best of my/our knowledge and belief, I/We fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that the Government may impose having regard to the circumstances of the case if it is found that any of the statements or facts therein are incorrect or false.

S ignature Name in Block letters : •

Date:

Designation : •

Note! In the case of applications for maintenance and operational items of spares and stores, a certificate should be appended by the applicant at the end of the application form covering the following points:—

(a) that the items sought to be imported are either not available indigenously or available in specific delivery period not suitable'to project authority; and

(b) that they arc not banned or if banned, suitable clearance from the D. G. T. U. has been obtained, (•Floating of enquiries In trade journals in rime and non-receipt of acceptable offers will be a sufficient ground for certifying indigenous non-available by the projert authorities.)

3o3/298 T H£ GAZETTE OF INDIA EXTRAORDINARY [PA"T I-SEC \\

APPENDIX 3—contd.

FOPM L

IMPORTJAPPLICATION FOR 'EMERGENCY* SPARES

A. Particulars of applicant :

1. Name of the applicant. 2. Full postal address. 3. Telegraphic Address. 4. Address of location of factory. 5. Goods manufactured.

B. Particulars of application:

1. Registration No. allotted to Income- taxVerification certificate or Exemp- tion therefrom,

2. Treasury Receipt No. and date (Trea- sury Receipt to be attached in original).

3. Description of the machinery for which spares arc required & C.I.F. value ofspares to be imported.

4. Country from which the spares

applied fpr arc to be imported.

5. Country from which the original

equipment was imported.

6. Where shipment is to be effected from a country different from the country in which the goods originat- ed, full statement of reasons for the same should be given,

7. Engineer* certificate to be attached

[Please see foot note (ill)].

C. General information to be furnished :

1. Are you borne on the books of the DGTD and if so, indicate the fac- tory number allotted by DGTD,

2. Registration No, allotted by the State Director of Industries (in the case of non-DGTD; units).

3. Value of emergency spares licencej if any, obtained or applied for already in respect of the same machinery during the same licensing year in which the present application has been made.

4. Nature of the concern, whether Public Company or Private Company, Part- nership or Hindu undivided family concern,

5. Names of Directors, Partners Pro- prietor or Kara as the case ma be

[PA"T I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/29$

APPENDIX 3—contd.

6. Details of branches or associated

companies (Name and location):— (0 In India, (a) Abroad.

7. Is a letter of authroity desired ? If so; name of the firm in whose favour it is desired.

b. The Customs House where the import licence.^if granted, will be registered.

(i) I/We hereby declare that if this licence is (framed, the goods will be utilised only in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

(2) I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that the Government may impose or any other action that may be taken, having regard to the circumstances of the rase if it is found that any of the statemtms of facts therein are incorrect or false.

Date :

Signature]

Name in Block Letters

Designation

Residential Address

Note : (f1) This form is intended for applications made by actual users for the grant of emergency licences for unport of spare pans.

(11) Apart from the details provided for in this form, proper justification for the import of spares on a most immediate basis should be given in the letter forwarding the application.

(I'H) The applicant should attach a certificate from a qualified engineer of any production machinery to the effect that the spare parts applied for import are required on immediate basis to overcome an emergency break- down or a breakdown which is unavoidable for technical reasons in the course of next one month. In the CBBC of Small Scale Units who are not in a position to produce a certificate from a qualified engineer a certificate issued to them by Small Industries Service Institute wil) be accepted.

303/300 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT 1-Slc. 1]

ANNEXIRE I

APFFMDIX 4

CHAPTER V

Liu of Regisurnirg Authoriiin

Export Product

Registering Authority

J u,

i Engineering goods, Stainless steel

produc.s, Ship retailing-

Engineering Export Promotion Council 'rWorld Trad Centre", 14/1B, Ezra Street (ird Floo ••), Calcutta-i, and its R:gionaf offices Commerc •Centto (2nd Floor), Tardeo Road> Bombay, 34; Sire Minsion, 123, Mount Road, Madras-6; and D-55, Defence Colony, New Ddhi-3.

C amicals and allied products

2

namely—

Chemicals and Allied Products Export Promotion Cou.icil, 14 /iB, Ezra Street, 2nd Floor. Calcutta-1.

Basic ChemL-al, Pharmaceuticals and Soap; E.P. ouasils, Jhansi Casth (4th Fl.;or), 7, Cooperage Road, Bombay-1, Regional Office of the Chenvcals and Allied E port Promotion Council, Sire IVJansioi, 123, Mount Road, Madras-6.

Chemicals, Drug), Cosmetic and toiletries Pharmaceuticals, Glass & glass wire, ceramics Paints. Rubber Products, in- eluding tyres and tubes, Paper and Paper products, including book , journals, peri >dicals.

Plastics

3

Plastics and Linoleum Export Promotion Council, Pacel Industrial Centre, 68, Tardeo Road, Bomb y-34; and its Regio- tal offices'at Sir Mansion, 123, Mount Road, Madras-6 and 14/1B, Ezra direct Calcutta-i.

Leather a'rr.1 Leather goods]

4

Leather Export Pro notion Council, Marble Hall, 3/ 8, Veper High Road, Ma Hras-3; Export Promotion Council for Finished Leather and Leather Manufactures, 15/46, Civil Lines, Post Box No. 198, Kanpur and its Regional Office at "Niranjan" 2nd Floor, 99, Marine i_rive, Bombay-2.

Sports goods.

5

Sports Giods Export Promotion Council, 1E/6. Jhandcwala Extension, New Delhi-i.

Fish and Fish Products

6

Marine Products Export Promotion Co i"cil, World Trade Centre, Mahatma Gandhi Road, Ernakulam-6.

Processed Foods Export Promotion Council, Processed Fojds (other th i ;J :y

7

119, Jorbagh, New Delhi-3.

powder and paste).

Curry Powder and Paste.

8

Sp ess Export Promotion Council. World Trade Centre, Mahafma Gandhi Road, Einakulam-6.

Handicrafts, Woollen carpets, rugs

9

and drugjrete.

TheYAIl Indfi Ha idicrafts Board,"'Weit Block Ho. 7, Ramakdshna Puram, New Delhl-22.

{PART I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/3OI

APPENDIX A-~contd.

2.

3

10 C ishew Kernels

Cashew Export Promotion Council, World Trade Centre, ivlahatma Gandhi Road, Emakulam-6.

Toba.xj and tobacco proiuota

To'iacco Export Promotion Council, 123,

Mount Road. Madras-6.

11 Woollen Textiles and hosiery etc.

a li mixed fabrics.

Wool and Woollens Export Promotion Council, 'Mano'.w', 27, New Marine Lines, Bombay-6.

Coir . . . ..

Coir Board, PoA Box No. 80, ErnakuTam 13

(Kerala).

14 Cotton Textiles .

Cotton Textiles Export Promotion Council, Enginenring Centre, 5th Floor, 9, Mathew Road, Bombay-4, Handloom Export Pro- motion Council, 123 Mount Road, Mad- ras-6.

Ready-made garments (other than f

•O'

natural silk).

Cotton Textiles Export Promotion Council Engineering Centre, 5th Floor, 9, Mathew Road, Bombay-4;

Wool and Woollens Export Promotion Council. 'Manohar', 27, New Marine Lines, Bombay-6,

Handloom Export Promotion Council, 123,

Mount Road, Madras,

16 N-'t-iral Silk fabrics and garments Handloom Export Promotion Council 123, Mount Road, Madras-6, Silk and Rayon Export; Promotion Council, Resham Bhavan, Veer Nariman Road, Bombay-i.

Gem and Jewellery

17

Gem and jewellery Export Promotion Council, D-15, Commerce Centre, Tardeo Road, Bombay-34.

IS

Export Promotion Authorities at Bombay,

Calcutta and Madras.

Cinemitoaraph Films (exposed) Fea- ture Fifins, doeamentaries, adver- tising films.

News films and T.V. Films

Export Promotion Authorities at Bombay, Calcutta, Madras and C.L.A., New Delhi.

Mm-made fibre'_ fabrics .

Silk and Rayjn Export Promotion Council 'Resham Bhavan', Veer Nariman Road. Bombay-1.

3O3/3O3 THE GAZElTE OF INDIA EXTRAORDINARY [PART I-SEC. If

ANNEXURE II

APPENDIX 4—contd.

Form of application for Registration

T",

Dear Sirs,'

SUB:—Regittration urdtr the Import policy for Registered txporters

Kindly register us under the above policy as Manufacturer exporters/Merchant exporters of (the major products covered by the import policy for registered exporters exported by the applicant may be mentioned here).

I. (a) Name and address (with telegraphic address and telephone No. ) of Kcgiturcd1 office, Head office and Branches.

(b) Whether Froprietory/Partnership concern or private/Public Limited Company- or Cooperative Marketing Society, etc. (Nsmes of Pioprietors/PftrineislDire- ctorn/Managing Directors should be furnished with their peimsncnt addreeccs)-

(c) NamcB of the associate Arms for whom the applicants act as agents in ekporti business.

(d) Name and address of the applicant's^banker.

(e) Income-tax Verification Number and^date.

(i) Date of eEisbhthmtnt of business/factory in India,

(ii) Date of commencement of export business,

(iii) Capital employed.

3 Weather licensee/registered under the Industries (Development and Regulation)' Act. If so:, number and date of licence/registration certificate.

4 Whether products manufactured are on approved (DGS&D) rate/running contract, I.S.I, certification marked G.T.H. Alipore tested or otherwise quality con- trolled (Specify the scheme of Quality Control applicable.)

5 Whether enlisted with D.G.T.D./State Director of Industries.

6 (a) Details of past exports during the last three years, if any, (products for which r e- gistration is sought and other products not covered by the scheme thould bo.- indicatcd):—

Year Description Quantity of value Unit value Major countries in

which expi rted

(In case where there is no export, statement or inte nal sales turnover for the laft t 1 years of the items desired to be exported, duly a tested by the auditors, t t c u ld submitted).

[PAKT I-SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/30$

APPENDIX 4—contd.

6 (b) Details of commitment af future export for the succeeding three years :—

Year Description of goods to be exported Quantity Value

7 If new to export field, state detail of any overseas market surveys conductcd-or of export promotional efforts made,

8 Have any complaints been received in respect of quality/delivery/after sales-servicing.

of goods exported in the past, and if so, how were they disposed of ?

9 If merchant exporter, please indicate what arrangements have been made with manu- facturer/manufacturers whose products are to be exported.

10 Export commodities in respect of which registration is sought.

H Whether the firm is already a registered exporter for some other commodity? if so, give registration number and details thereof.

I2(a) Whether a member of any recognized trade body, if so, give particulars.

(b) Whether firm is registered under the Factories Act? If so, registration No. and date.

(c) Whether the firm holds a Corporation or Municipal licence for his factory premises for the current year ?

13 A certificate from th" applicant's bankers certifying the financial position.

We hereby solemnly declare the above stated information to be true and correct and un - dcrtake without any reservation to : —

(i) abide by the terms of the Registration Certificates granted to us on all our exports;

(li) use the import licences for the purpose for which they are issued and under the terms and conditions under which they are issued.

(iii) agree to abide by any Code of Conduct that may be prescribed by

(iv) Furnish without fall monthly returns of exports including nil returns by the jth of the following month.

(v) We further understand that our registration is liable to be cancelled in the event of breach of any of the undertakings mentioned above.

Yours faithfully,

Name in Block Letters

Designation

Residential Address

ANNEXURE III

3 o 3

/

APPENDIX 4—contd.

BANK CERTIFICATES OP EXPORTS

3 o 4

(FORM Kn. i\

To

CName and address of the Licensing Authority).

We

(Name and address of the exporter) hereby declare that we have forwarded a documentary

T H E

export bfl] tc CName and address of the Bank) for collection/negotiation/purchase as per particulars given hereunder :—

Description

Destination of

Bill of [ading/P.P. Receipt/ Airway Bill

G.R.I./ P.P. Form

Bill amount c.i.f./ C& F/f.o.b.

Invoice No. &date ofgoods

goods.

No. No. & date and Name

Net f.o.b. equivalent (coL 5—CoL6)

G A Z E T T E of carrier

Overseas Commission/ Overseas Discount/ Overprice/Freight & Insurance (Each to be shown separately)

O F

I

i

2

6

8

7

3

4

5

N D

I

A

We further declare that the aforesaid particulars are correct and that they relate to an outright sale. Copies of invoices relevant to these exports

are attached.

E X T R A O R D

I

(Signature of the Exporter).

N A R Y Ref. No. Date. Place.

BANK'S CERTIFICATE

[

This is to certify that we have negotiated/purchased/sent for collection the above mentioned documentary bill drawn by M/s

P A R T

I - We have verified the f.o.b. value of goods mentioned in column 7 of the Exporter's declaration.

S E C

(Signature of the Bankers).

.

Official stamp.

1

]

Address of the Bankers

T

A

AttNEXURE lit APPENDIX 4—(Contd).

g \ Nk CERTIFICATE OF EXPORTS

" T

{FORM No. 2)

I -

To — .,

(Name & address of the Licensing Authority).

S E C

.

We

(Name and address of the exporter) hereby declare that we had effected the

1

] export on consignment basis and have received the proceeds in part/in full there against as per particulars given below :—

Description of goods.

Invoice Value.

Destination of goods

T H

ORI/PP Form No.

Amount received in India

Net f.o.b. equiva- lent of the amount received (coL 7—

£ BiUofLading/P.P. Receipt/Airway Bill No. & date and name of carrier.

Provisional Invoice No. & date

col.9 ).

Date of receipt of Pay- ment

Overseas Commis- sion/Overs ess Discount Overprice/Freight/ In- surance (Each to be shown separately)

i

2

IO

6

S

3

4

7

5

9

G A Z E T T E

O F

I

N D

I

A

We further declare that the aforesaid particulars are correct and that we have not obtained a certificate in Form (i) from any Bank in respect of the

said export. Copies vf invoices relevant to these exports are attached.

fSignature of the exporter)

E X T R A O R D

I Ref.No. Date. Place.

BANK'S CERTIFICATE

N A R Y

We confirm that , , (amount) has been received in an approved manner in respect of the above consignment. We have verified the f.o.b. equivalent of the amount received mentioned in Column io of the exporters' declaration.-

(Signarure of the Bankers)..

3 o 3

/

Official Stamp.

Address of the Bankers

3 o 5

3o3/3o6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]!

ANNEXURE IV

APPENDIX 4—contd.

Form of application for import of goods against the exports mede bj Registered Expontur

PART A]

(To be filled in by the registered exporter whether a merchant exporter or a manufmuiei-

exporter).

1. Name of the applicant firm

2. Full postal Address :

C") House/Shop No.

(M) Name of Street/Road

(Hi) Name of locality and city .

\M>) Nam* of State.

3. Natures of the concern, whether Public Company or Private company, Part- nership or Hindu Undivided family concern . . . . ..

4. Names of Directors, Partners, Proprietor

or Karta as the case may be

3. Details of the Head Office of the applicant firm and its branches or associated com- panies (Name and location) :

CO In India

(it) Abroad

6. No. and date of Registration certificate (copy of Registration Certificate to be furnished)

7. Registration No. allotted to Income Tax verification Certificate or exemption therefrom . . ..

8. Treasury Receipt No. and date (Trea- sury Receipt to be attached in ori- ginal)

9. Specify the period during which the exports were made . . ..

10. Whether the exports against which the present application is made have been utilised or are intended to be utilised for claiming any import licence by way of barter or for remittance against Ca- pital Goods or in discharge of any ex- port obligation or for obtaining import licence under any other category.

11. Whether the exports have been made on consignment/approval basis/free replacement

{PA"T I-SFO. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/3o7

APPENDIX A—contd.

12. Whether any application for grant of cash assistance has been made against all or any of the exports mentioned in the enclosed statement. If so please give the reference No. and date of that application

H3. Full details of enclosures attached with

the application.

DECLARATIONS

I/We hereby declare :—

(i) that no other applications for Import licence has been made or will be made in future to the licensing authority on the basis of the exports covered by this application j

{it) that the cotwigMientfs)/parcel(s) has/have not been returned and that in case it is received back in future an intimation to this effect would be sent to the concerned licensing authority at the earliest.

Signature

Name in Block Letters

Designation

Residnential Address Date

TO BE FILLED IN THB C^SE OF NOMINATION.

i. In case nomination has b^en maie, the following particulars should be given :—

Name ofthsNxninee

Other lines of manu- facture by nominee(s)

f.o.b.valu; of exports for which nomination

is made

Products manufactured by nomincc(s) ou ac- count of which nomi-

nated.

i.

2. 3. etc.

-DECLARATIONS.

(i) I/We declare that I/We have not nominated by any other parson to claim the benefits of the f.o.b. valus of exports to the e-ctMt co'/ired b/ nim i nation made above;

((t) I/We declare that the nominse(s) la/are a:;ual U)er(i) cnjag;d in the manu- fa:ture of g j j l; inlicac;! in f i; above statement.

Signature

Name In Block Letters

Designation

Residential Address

Dated

APPENDIX 4—conid.

3 o 3

/

Particulars of Exports as certified by the Exporter's Bank(s) against which Import Licence isappliedfor(The Columns in the Statement should

be filled up Bank Certificate-wise).

3 o 8

No. & date of the

shipping bill

If the export has been made on Rate and amount ci.f. orC&F, basis indicate. ofentilement due

FOB Value exports

(enclose copies . of Shipping bills

No.(s) and Description of date\s) of goods exported Bank Cer- (indicate S. No. tificates and pageNo.of

Particulars regarding Nomination (to be —filled up where nomi- nations have been

Rate"

T H E

made).

Am- ount

duly authenticat- ed by the Cus-

Freight charges paid

Insurance charges paid

Name and address of the banks which issued the bank Certificate.

toms)

Section II, of volume II of Red Book)

Endose envidence regarding Freight &Insttr-

Name(s) of the Nominee

G A Z E T T E

rance charges paid.

FOB value of exports for which nomina- tion is made.

O F

10

I

6

8

i

2

12

II

5

7

4

9

3

N D

I

I.

I

A

{*> ("•) (at) etc.

2.

2

3

3-

E X T R A O R D

I

4.

4

N A R Y (.0 t") Cw) CO f") (m) CO t"> (m)

5. etc

5 etc

[ I") ( m)

P A R T

Signature

F

-

S B O

Name in Block Letters Designation.

.

Residential Address

1 1

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/3O9

APPENDIX 4—contd.

PART B

(To be filled in only by the applicant who if a registered manufacturer-exporter and claims a licence in his own name against the exports made by him)

1. Addles and location of factory .

2. Name of the Industry and the purpose for which the raw materials/components are required . .. .

3. D:scription of goods manufactured

4. Registration No. allotted to the appli- cant by the DGTD/State Directorate of Industries . . . ..

5. C.I.F. value in rupees of the liccnce(s)

applied for . . . ..

6. Whether the applicant desires to apply for items on the basis of a valid A.U. licence

7. If so, indicate the No. and value of the valid A U. licence . . ..

8. List of items applied for. (Five copies of the list to be furnished)—Separate sets of lists should be furnished for (1) items liccnsable by the Iron and Steel Controller, (ii) items of tools and Jigs and equipments, (iii) items sought to be imported from rupee payment area, and (Jv) items other than those covered by the A.U. lite'.ce

Item Pt. & S. No. Country of Import c.i.f. value

9. Is a lener of authority desired?

If so, name of the firm in whose favour itisdesijed . . . ..

10, The Custom house where the import licence, if granted, will be registered

Signature

Name in Block letters

Designation

,.

Residential Address

3o3/3io THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SBC. 1]

APPENDIX 4—contd.

PART C

Particulars of the nominees

1. Nsmsofthe Nominee

2. Full Postal Address:—

(i) House/Shop No.

(11) Name of Street/Road

(ill) Name of locality and city

(iv) Name of State

3. Telegraphic Address

.4. Date of establishment of business in

India .

. . ..

-5. Nature of the concern, whether Public Company or Private Company, Partnership or Hindu undivided family concern

•6. Names of Directors, Partners, Pro-

prietor or Karta as the case may be

7. Details of branches or associated companies (name and location) :—

(i) In India

(ii) Abroad

"8. Registration No. allotted to Income- tax Verification Certificate or Exemp- tion therefrom

9, Name of the Industry and the purpose for which the raw materials/components are required

10. Description of goods manufactured.

IT. Registration No. allotted to the

applicant by the DGTD/State Direc- torate of Industries

12. C.I.F. value in rupees of the liccnce(s)

applied for

. ..

13. Whether the applicant desires to

apply for items on the basis of a valid A.U. licence

34. If so, indicate the No. and value

of the valid A.U. licence

[PAST I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/3H

APPENDIX 4—contd.

15. List of items applied for, (five copies of the list to be furnished)—Separate •eti of lists should be furnished for (1) Items licensable by the Iron and Steel Controller, (II) Items of tools and jigs and equipments (iii) Items tooght to be imported from rupee pay- ment area, and (ivj items other than those covered by A.U. licence

16. I.T.C. classification of the goods to

be imported

17. Country(s) shipment

; 8. Is a letter of authority desired ? If so, Lame of the firm in whose flavour it is desired -

9. T he Customs house where the import

licence, if granted, will be registered

Signature

,

Name in Block Letters „. —

Designation

Residenttel Address

. DM ced

49XS.oII.Ex.--22

3O3/3I2 T H£ GAZETTE OF INDIA EXTRAORDINARY [PART I - S K. 1].

ANNEXURE V

APPENDIX A—contd.

List of Licensing Authorities

Name of thojlcensing authorities

Jurisdiction

I Joint Chief Controller of Imports The States of Madhya Pradesh, Maharash-

tra and Gujarat.

and Exports, Bombay.

a Joint Chief Controller of Importi

and Exports, Calcutta.

The States of Assam, Bihar, Orissa, Weft

Bengal, Manipur, Tripura, NEPA, Anda-

man and Nlcobar Islands.

Joint Chief Controller of Imports

3

and Exports, Madras.

The States of Madras, Mysore (excluding

Mangaloro Distt. and Andhra Pradesh)

Pondicherry, Karikal, Mahe and Yanom.

Ra)asthan Punjab, Haryana, Delhi, Himi-

4

chal Pradesh.

Joint Chief Controller of Imports

and Exports, Central Licensing

Area, New Delhi.

Goa, Daman and Diu, Dadra and Nagar

Dy. Chief Controller of Imports and

3

Exports, Panjira, Goo.

Haveli.

6

Kerala, Mangaloro, District of Mysore and

Dy. Chief Controller of Imports

tnd Exports, Ernakulam.

Lacadivo, Mlnlcoy and Amindivi.

The State of U.P.

Dy. Chief Controller of Imports and

7

Export*, Kanpur.

The State of Jammu and Kashmir.

8 Controller of Imports and Exports,

Srinagar.

In respect of exports from Kandla free-

Asatt. Controller of Imports and

9

Trade Zone.

Exports, New Kandla.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/313

APPENDIX A—contd.

ANNEXURE VI

FORM 'H' (2)

Simplified Form of application for import of goods aeainst Jha exportjmade by Established Registered Manufacturer-Exporters or Merchant-Bxportcn claiming licences r their own name.

(A) Particulars of the Applicant.

1. Name of the Applicant .

a. Full Postal Address

(i) Houae/Shop No

(ii) Name of Strcct/Road .

(iii) Name of locality

Civ) Name of State . . ..

3. Telegraphic Address

4. Address of location of factory

5. Name of the Industry and the purpose for which the raw materials/ components are required

6. Description of goods manufactured

(B) Particulars of Application.

7. Treasury Receipt No, and date

(TR to be attached in original)

8. Month during which the exports were

made

. ..

Q. Whether the exports against which the present application U made have been utilised or are intended to be utilised for claiming any import licence by way of barter or for re- mittance against Capital Goods or in discharge of any export obligation or for obtaining import licence under any other category . . ..

10. Whether the exports have own nude

on consignment approval basis

To be flllai in by a n^nufact-irer—exporter only.

303/314 THE GAZETTE OF INDIA EXTRAORDINARY [PART I^SEC. 1]

APPENDIX 4—contd.

i i. List of items applied for (five copies of the list to be furnished). Separate sets of list! should be furnished for (1) items of tools, and Jigi and equipment*

Item Pt. S. No. Country of import C.I.F. value.

13. l it Letter of Authority desired? If so, name of the firm in whose favour it is desired. . . ..

13. The Customs House where the Import licence^ if granted, will be registered. . . ..

DECLARATION

I/We hereby declare 1—

(i) that no other application for import licence has been made or will be made in fature to the licensing authority on the bast* of the exports covered by thii application ;

(ii) that the consignrnent(s) ptrcel(s) has/have not been returned und that in C"M it is received back in future, an Intimation to this effect would be sent to the concerned licensing authority at the earliest.

Signature

Name In Block Letters

Designation

Residential Address

- -

Dated.. „

[

APPENDIX 4—contd.

P A S T

Enclosure to timpHfitd application form

I -

S

J

Particulars en exports as Certified by the Exporter's Bank(s)' against which Import Licence is applied for (The Columns in the

S C

.

statement should be filled ap Bank Certificate wise).

1 J

Rate asd amount

ot entrtlement

No. (9) and Date (si of Bank Certificates

If the export ha" been made

' OQ c, i. (. or C&F bases, in-

dicate

Description of goods                         F. O. B,
 export-d   (indicate                        value oi
 S. No.  and  page  No.                                                                                       T
                                             export?                                                          H
 of  Section II    of                                                                                         E
 Volume      II   of

Name(s) and

address of the

bank(s) which

has issued the

bank certificate

Freight

Rate Amount

Red Book.

No. and date of the

Shipping BDl (en-

close copies of Ship-

ping Bills duly

authenticated by

the Customs)

(3).

Insurance charges paid

charges

paid

G A Z E T T E

Enclose

evidence

regarding

Freight

St Insur-

ance

cflnges

O F

I 1

i.

N D

I (0 ft") (Hi) e tc

A

2

— •

fi) ft") (tii) etc

3

3-

E X T R A O R D 4

4~

I

5. etc.

5 etc

N A R Y ft") Si) etc (ft Cii ill) etc. 0) f* fuil etc.

3

Signature

O

3

Name in'Block Letters

/

3

l

5

Reddenrial Addrett

'.

8 ° 3 / 3 l6 THE GAZETTE OF INDIA EXTRAORDINARY [PART l-Svc. 1]

APPENDIX 4—contd.

ANNEXURE VII

Application Form for lAcmctfor nplinthmtnt of Ram Mattnaalt

against Export of GEM and JnrtlUry lUmi.

i. Name of applicant

Full Postal Address :—

(0 House/Shop No.

(ft*) Name of the Street/Road

(jit) Name of locality

(ii>) Name of State

(v) Telegraphic Address

a. Registration No. allotted to Income-tax

Verification Certificate or exemption

. • •

therefrom

3, No. and Date of Treasury Receipt

showing Payment of the requisite fees

required under the Commerce and

Industry Ministry Order No. 17/53.

dated the 7th December, 1953

ded from time to time. (Treasury

Receipt to be attached).

t(a) Whether the application is preferred on

quarterly basis. . . .

(6) The quarter for which the applica-

tion h made. . ..

(c) The quarter In which payments were

received in respect of each con-

signment • • •

1 (a) Whether the applicants' name haa

been registered for any of the Gem and

Jewellery items under erstwhile E.P.

Scheme or by Gem and Jewellery

Council, if BO . . . •

("') the authority by whom registra-

tion was made

(I'O No. and date of certificate of

registration (copy to be enclosed).

(jit) Date of application for registra-

tion

{b) The date on which the last applica-

tion was submitted preferably with

reference number of I.T.C.

authority to whom it was made

(

I.T.C. Schedule

•6. (a) Items of exports for which registered

(b) classification under ITC "chodulo •

7. (a) Full description of raw-materials to

be imported . . ..

(6) Classification undo* T.T.C. Schedule

part and Serial No.

ic) Valu* (C.I.F.) in Rupees

IPART .I.-SKC. j] THE GAZETTE or INDIA EXTRAORDINARY 303/317

APPENDIX 4—contd.

rd) Country(s) of Shipment

(e) Conntry(s) of origin

(J) The Customs House where the import licence, If granted, will be registered

•8. Category of Exporter (i.e., Manu-

facturer or Merchant)

p. Nmnc and address of the factory where the imported raw material will be fabricated for export

IQ. Whether applicant has factory of his own or not. If not, what are the standing arrangements with the manufacturers of the products

i i. Particulars of licences, if any obtained

under any other Scheme

: 12. Information to be furnished in case

of application against past exports

(c) Description of goods exported (please furnish Invoices with connected relevant shipping docu- ments, etc.)

(b) Real value of the goods exported, BB declared before the Customs authorities.

(<0 F.O.B. value of payment received

during the preceding quarter (in rupees) . . .. (i) Bank Certificate fas per proforma

enclosed with No., date and the name of the Bant).

(") Details of licences obtained in the previous 12 months and details of imports made against each licence . . ..

(/) Whether the exports against which the present application is made have been utilised for claiming any import licences by way of barter or for capital goods or in discharge of any export obligation or for import licence under any other scheme

(/) Whether nc exports have been made on consignment/approval Susis:

!.*" (."; Date of establlthment of busineai

in Indi" . . ..

303/318 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SlO. 1]

APPENDIX 4—contd.

(6) Nature of the concern whether

Public 01 Private Ltd., 01 Partner-

ihtp of Proprietor? or Hindu

Undivided F*rally concern^ •

(e) Names of Directors, Partner*, Pro-

prietor or Karta as the cats may be.

(

companies (Names and Locations)

(0  In  India       •      •     .      •
(ft)  Abroad               •      •     •

(•) Has any application been made in

this quarter against payments re-

ceived In the preceding quarter for

other or similar Item under any

other Scheme ? If so, give details.

(/) Have any branches or associated

companies mentioned In (

of the gentlemen named in (c)

applied for an import licence for

Import of goods falling under the

same serial number or sub-item of

serial number for the same period ?

If so, give details • . •

(j) Whether the constitution of the firm

has undergone any change after

the exports have been effected.

If so, quote No. and date of orders

issued by the appropriate authority

m favour of the applicant, (This

information should be given by

the established Exporters only) .

14. Fuli;detall3 of the enclosures attached

with the application, (every copy S.JNo. Naturelot" the document

of the document should.be marked

as a true copy and signed beneath

by the applicant) j . . .

I/We hereby declare that the above statements ore true and correct to the best of my/our

knowl"dge*and belief. I /We fully understand that any licence granttd to me/us on the basis

of the statement furnished is liable to cancellation, in addition to any other penalty that the

Government may impose having regard to the circumstances of the cage, if It U found that an;

of the Statements or facts therein are incorrect or false.

Signature

Name tn Block Letters

Designation

Residential Address • •— —

Date

[PAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 0 3 / 3 19

APPENDIX 4—contd.

ANNHXURB Vm

VOUCHER OF SALB TO FOREIGN TOURISTS

Sr. No

(0 Name and nationality of tba toorist

to whom the rale 1* made i

(*) PoMpon Numbtr of the tourlit i

(MO Description of the item(i) totdi

(fa) Sab Tihie in foreign eschango ud

th" rapeet equivalent i

(v) Details of th" foreign cunwjcj and

foreign currency traYeUor'i chiqvtet

glren by the tourist i

SlgMtun of the Tooilit.

SJgoflniFo of Hxpottn

R*glttrttlon Number

Stgnatuw tod Seal of th" Cuitom*.

Noui—Plcue read CondWon on the tartn*.

( i) Copy to be ititched on the pawpon . . .. (White)

(a) Copy to be ddirered to tha Foreign Touriu . . (Green)

(3) Copy to bo sent along wkh Import licence application j . (Yellt"')

(4) Copy to be retained by the Exporter . , . (Pink)

Not* 1—Article* purchaied under tbja roacha* an r totally prohibited from bataf-

aold, aifted or othtrwlM dfapoaad of wkhln the territory of India 10 any

panon.

303/320 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT I-SEC. 1]

APPENDIX A—contd.

ANNEXURE IX

Form of Application for grant of advance llconcei for fulfilling •pacific export ord^rSj by the Registered E sport or*

PART-k

T O B B F I L L HD IN HT THH A P P L I C A NT FOR U"H IN T HH LICEN.INCJ O P Fl :y)

A. Particulars of applicant,

i. Name of the applicant .

3. Full Postal Address I—

() House/Shop jMo/ .

(ii) Name of Street/Road

(ill) Name of locality and city

(iv) Name of State,

3. Telegraphic Address i—

4. Name of the Industry i—

(1) Address of location of Factory .

(ii) End Products manufactured

therein • . •

3. Date of establishment or business in

India.}

6. Namreof the concern, whether Public Company or Private Company^ Partnership or Hindu undivided Family concern.

7. Names of directors, partners, pro- prietor or Karta as the case may be.

8. Details of Head Office of the appli- cant firm and its branches or asso- ciated companies (Name & Location)

(i) In India

(ii) Abroad

.Registration No. allotted to Income Tax Verification 1 Certificate' Or Exemption therefrom by the Licens- ing Office

ro. No. and date of Registration Certifi- cate issued by the concerned Fxport Promotion Council/Commodity Board (Photostat copy of the Registration Certificate to be furnished)

[PAST I-SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/321

APPENDIX 4—contd.

11. Registration No. allotted to the applicant by the Director General of Technical Development (in the case of firms borne the list ofD.G, I .D.)/State Directorate of Indus- tries (in the case of S.S.I. Units) or any other authority competent to register a unit as a manufacturer.

12. Treoiury Receipt No. and date (Treasury Receipt to be attached In original).

PART-H

1, Particulars of the Export Order &

Mods of Payment from abroad. (i) Item/Items]of Export covered by the Export Order/Orders.

(ii) F. O. B. Value J J

(iii) Country of Export .

(iv) (a) Whether the export order is backed by irrevocable L/C, or any advance payment. (Please furnish a photostat copy of the Letter of Credit);

or

(b) Whether the export order is on the basis of different mode of pay- ment like sight Draft/DA;

or

(c) Whether the applicant haa enter- ed into a T arrangement whereby he would make the payment of the import material out of export earnings of the product to be exported;

or

fd) Whether the foreign buyers have agreed to supply the Imported materials free of charge on the condition that the same will be re-exported after processing & finishing.

2 (i) Whether the product to be

imported is * vered by the list of Priority Industries.

{ii) I so, whether the goods covered bj the export orrtercannot be ma- nufactured out of applicant's A.Ut Quo:a Licence.

3 0 3 / 3 22 TI-IJE GAZETTE OF INDIA EXTRAORDINARY [PART 1-SEO. 1J

APPENDIX 4—con/d.

(HI) Full details of A.U. Quota licence/

or any other licence Issued for

the manufacture offinishedproducts •

during the last three periods*

(•Licences issue under credits/

Aid Loans and Rupee Sources or

special licences may also be

mentioned).

Value (C.I.FJ

D";criptlo 1

goods

of Balaam

un-utllii"d

No. & Date and

value of Li-

cence

of goods im-

ported.

Licensing

Period

&L/A

(1Y) Whether the products to be exported

are covered by the Import Policy

for Registered Exporters.

(Please give (he reference No. of

the export product s as Indicated

in the Red Book).

(v) Import replenishment "porcentige

admissible under the REP against

the export order.

3. Particulars regarding valut of Lictnct

appii$d JOT and previous advance

Itcsnctti

(i) c.i.f. value of the licence applied

for

(ii) Description of the materials

sought io be imported.

(Please indicate the complete des-

cription, quantity and c.l.f.

value of each item desired to be

imported.)

(ill) Was any advance licence issued

in the past?

(Iv) If so, whethor the export obliga-

tion against the licences is still

outstanding.

(v) If the export obligation, either in

part or in full, remains to be com-

pleted) please give the particular!

of the same as under:—

(a) Licence No. and date.

(b) Name of the licensing issuing

authority.

(c) Licence-wise value of the

export obligations fixed.

(d) Tlme-limit|a]lowed for fulfilling

the export obU8"tion.

(e) Value of the export obligation

already fulfilled against each

licence.

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/123

APPENDIX A—contd.

(f) R asont for not fulfilling the

export obligation.

(g) List of documents enclosed.

DECLARATION

1. I/We hereby declare that If thli licence li granted, the good; will be utilised

only for consumption BB raw materials/ componeru or accessories in our factory and that

10 rortlon thereof will be sold to or permitted to be used by any other party.

3. lfWe hereby declare that the above statement are true ana correct to the best

of my/Our nowledse a id belief. I/We, fully understand that any licence granted to me

us on the basis oftnesta["tnentfumiihed Is liable to conceilation, in addition 10 any othet

p:aalty that the Govern-none may Impose Or any other action that may bo taken having

regard to the circumstance! of the case if It is found that any of the statements of facts

therein are incorrect or false,

Signature

Name in Block Letters

Designation

Residential Addr^s

Dale

303/324 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC, I],

APPENDIX A—contd.

ANNEXURE X

FORM OF APPLICATION FOR ADHOC LICENCES TO TECHNICAL

CONSULTANCY FIRMS

1. Name of the applicant

3. Full Postal Address . . ..

(0 House/Shop No.

("•) Name of Street/Road

(m) Name of Locality & city

(to) Name of State . . ..

3. Telegraphic Address

4. Date of establishment of business in

India.

3. Nature of the^concern, whether Public Company or Private Company, Part- nership or Hindu Undivided ^family con- cern.

6. Name of Direcors, Partners, Proptietors

or Karta as the case may be.

7. Details of Head Office of the applicant

m and its branches or associated

companies (Name and location).

(0 In India

(ij) In Abroad . ..

8. Registration No. allotted to Income Tax verification Certificate or exemption therefrom.

9. Treasury Receipt No. and date (Treasury Receipt to be attached in original).

10. CI.F. value in rupees of the licence (i)

applied for.

11. Details of foreign exchange earned

during the previous financial year, April—March, on technical consult- ancy services rendered to clients abroad. (Foreign exchange earned against ex- ports of goods should be excluded. FuU detail* of foreign exchange earning through technical consultancy services, •hould be furnished, in a separata sheet, item by Item. The statement should be supported and the amount of foreign exchange earned certified by the Bank through wbfch such earnings were received into this country)

[PART I-SEC. I] THE CAZETTE OF INDIA EXTRAORDINARY 303 h2$

APPENDIX 4—contd.

13. List of items supplied for, (Five cople"

of the list to be furnished)—Separate

sett of lists should be furnished for

(0 Items licensable by the Iron and

Steel Controller, (if) Items sought to be

imported from rupees payment area.

13. Is a letter of authority desired ? If so,

name of the firm In whose favour it Is

desired.

14. The Custom house where the Import li-

cence, if, granted, will be registered.

We hereby declare—(p ibat no other application for import licence has been mode or

will be made In future to the licensing authority, during the current licensing year, ((QTb*

statements made hi this application are true and correct to the best of our knowledge, and

beHef,(*Q if the licence k granted the goods will be utilised only in out office and no por-

tion thoreof will be sold or permitted to be used by any other party.

We fully understand that any licence granted to us on the basis of this application It

liable to cancellation, in addition to any other penalty that the Government may impose 01

any other action that may be taken having regard to the circumstances of the case, if it U

found that any of the statements of facts therein are incorrect or false.

Signature

Name in Block Letter.

Designation

Date

Residential Address

APPENDIX 4—cohid.

3 0 3

/

ANNBXURE X

3 2 6

Particulars ".f Mmch\mt*y ttema reqn'red to be Imported

Remarks,

End use or purpose

S.No. Name & address of the

T H E

Country of

import.

for which required.

Product exported &

value of replenish-

C L F. value.

DGTD RegjstratioQ No.

ment licence td-

misuble.

Description of machine-

ry & ETC .S.No.

(Catelogne; descriptive

literature 4 ptofomu in-

Toice to be endoced)

G A Z E T T E

O F

I

N D T

.

Y

E X T R A O R D

I

N A R Y

[

P A R T

I -

S E C

.

I ]

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/327

A P P E N D IX 4—contd.

ANNEXURE XII

BANK CERTIFICATE OF PAYMENTS

This Is to certify that tno following bills covering exports of

to

foreign countries draws by M/a have been negotiated and pro-

ceeds MOtiTod by us as per exchange control regulations in approved manner. We alio

twtlfy thai payments hereof have/have aot been received In non-convertible Rupee Account

(r andor any special bilateral trade agreement.

X

2

6

3 4

3

10

8 9

7

Description Bill of

of goods Lading

Serial

No.

exported Postal

Invoice

No. &

date

Receipt

r C.LF./

C& F/

FOB

value of

exports

Net Date on

f.o.b. which

equiva- pay-

lent ment

(col.6- was

col,7) receiv-

GRI/

PP

Form

No.

and

date

ed

Country)

Coun-

tries to

which

exports

have

been

made

and/or

Airway

Bill No.

and date

and name

of carrier

Overseas

Commission/

Overseas

Discount/

Overprice/

Freight and

Insurance

(each to

be shown

separately)

(Signature of Manager/Authoriaed

Officer)

Official Stamp

NOTE.—The Bank Certificate should be on the Bank"s letter head and should bear the Seal

:Stamp of the Bank,

49 G. of I. Ex.—23

303/328 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. l\

APPENDIX 5

(Vide para 13 of Chapter II) SUBJECT :—Registration Scheme—Principles governing allotment of I.V.C. numbers.

The following decisions taken by the Government of India irt connection with the production of Income-tax Verification Certi- ficates and the allotment of Registration Numbers and the procedure- to be adopted for applying for exemption from the production of such certificates are hereby published for general information.

2. The allotment of both Income-tax Verification Registration.

Numbers and Exemption Numbers will only be done by the follow- ing authorities whose jurisdiction is shown in Annexure III: —

1. Joint Chief Controller of Imports and Exports, 4, Esplanade East, Calcutta.

2. Joint Chief Controller of Imports and Exports, Centrals Govt. Offices, New Building, S.E. Wing, New Marine Lines, Church Gate, Bombay.

3. Joint Chief Controller of Imports and Exports, 19/20,, Custom House, Madras.

4. Joint Chief Controller of Imports and Exports, Central Licensing Area, Indraprastha Bhavan, 'Af Wing, New Delhi.

5. Deputy Chief Controller of Imports and Exports, Panjlm,.

(GOA).

6. Deputy Chief Controller of Imports and Exports, Kanpur.

7. Deputy Chief Controller of Imports and Exports, Erna-

kulara.

8. Controller of Imports and Exports, Srinagar/Jammu.

9. Controller of Imports & Exports, Rajkot.

10. Controller of Imports and Exports, Visakhapatnam.

11. Controller of Imports and Exports, Bangalore.

12. Controller of Imports and Exports, Pondicherry.

13. Assistant Controller of Imports and Exports, Shillong.

14. Assistant Controller of Imports and Exports, New KandUu- 3. The prospective applicants for import licences except those* mentioned in paragraphs 6 and 14 below should make an application1 In the form prescribed in Annexure I to this Appendix and present it In duplicate to the proper Income-tax authority (specified in para-

[PART I-SEC. I] THE GAZETTE OF I\1)IA EXTRAORDINARY 303/329

APPENDIX 5—cotUd.

graph 4 below) who will then verify the particulars from their records, subscribe the necessary variflcation certificates on one copy and return it to the applicant so as to enable him to forward the same to one of the officers referred to in the preceding paragraph. The applicant should note ihat each pige 0/ the l.V.C. should bear the seal and signature of the I.T.O. concerned. It is not necessary to obtain a separate number from each licensing authority as for instance, a Registration Number allotted by the Joint Chief Controller of Im- ports and Exports, Calcutta will be held valid by the Joint Chief Controller of Imports and Exports, Bombay and vice versa and so on. Applicants should quote the l.V.C. Registration number, if any, allotted to them by the Import Trade Control Authorities during the last two annual licensing periods.

4. The proper income-tax authorities for the purpose will be the Income-tax Officer of the Circle, Ward or District where the appli- cant is assessed or is assessable to Income-tax. The certificate may also be issued in Bombay and Calcutta by the Headquarters Assistant Commissioners of Income-tax and in Madras and Delhi by ihe Inspecting Assistant Commissioner of income-tax-

JV Th? Registration Number allotted against a complete Income- tax Verification Certificate will be valid for the financial year in which the certificate js issued and for the subsequent two financial years. For instance, on an Income-tax Officer's certificate issued during the period from April 1966 to March 1967, a Registration Number allotted would be valid for the financial years April 1966— March 1967, April 1967—March 1968 and April 1968—March 1969. For this purpose a distinct symbol is given on the Registration Num- bers which shows the month as well as the year when its validity expires. It would be in the interest of applicants if Inccme-tax Verification Numbers are duly obtained by them well in advance of the expiry of the old Number. However, In cases of genuine diffi- culty, the licensing authority may grant a licence even after the expiry of the validity of the l.V.C. No. subject to the condition that the applicant shall produce the valid l.V.C. No. before the end of the licensing period. This concession will be available only for one licensing period.

6. Such Government or Semi-Government Institutions as are not liable to income-tax need not apply for either the Registration or Exemption Number and may submit applications for licences with out quoting either number.

7. The following classes of applicants are required to obtain exemption numbers and should apply in the prescribed form (Annexurc 1) to the proper authority as prescribed in Armexure

ni: —

(i) Applicants who had no taxable income during any of the previous five years; and

(ii) Those who are not liable to tax under sections 10 to 13 of the Income-tax Act, 1961.

303/33° T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-Sza 1]

APPENDIX 5—contd.

(iii; Co-operative Societies which are not liable to tax under section 81 of the Income-tax Act, 1961.

8. (a) (1) Applicants whose cases arc governed by paragraph 7 above, will be required to declare on a stamped affidavit to the form given in Annexure II, before a Magistrate or an Oath Commissioner.. Notary Public or an Assistant Registrar of High Court the fact that they had no income in the oast five years liable to tax giving the reasons therefor, or that they are exempt from payment of tax under Sections 10 to 13 of the Income-tax Act, 1961 or they are Co-operative Societies which are not liable to tax under Section 81 of the Income-tax Act, 1961 as the case may be, and present such affidavits along with the application (Annexure 1) in duplicate and such other documents as have been prescribed to the Income-tax Officer concerned. The Income-tax Officer will after satisfying himself of 'V. coiveclness of the facts stated in the affidavit endorse the ap'propri'-ue cjrtificni.es on the application and return the original appli- cation except the duplicate. All other documents, the affidavits and the duplicate copies of the enclosures mentioned in item 9 of Annexure 1, will be retained b> the Income-tax Officer. The deponent will there- upon present the application along with the other prescribed accompani- ments in the allotting authority concerned.

(2) Where, however, an applicant who is (would have been) liable to tax in the status of an individual or Hindu Undivided Family, has been submitting regularly during the past 5 years, his returns of total income of the Income-tax Officer concerned, but no tax was levied as the income was below taxable limit, he need not file any affidavit.

8(b) Where in cases falling under paragraph 7 the applicant is a "Private Limited Company", "Public Limited Company", "Partnership Concern", "Proprietory Concern", "Association of Persons", the applica- tions for exemption numbers should be accompanied by the following documents:—

(i) Private Limited Companies—IVC/affidavit only from Direc- tors/Shareholders who hold more than 10 per cent of the shares of company or the value of whose holding is Rs. 10,000 or above, about their income from all sources for the past five years.

(ii) Public Limited Companies—Incorporation Certificate to prove that this is a Public Limited Company.

(iii) Partnership Concerns—Association of Persons (other than Co- operative Societies)-—-Income-tax Verification Certificates or Affidavits of all partners/members of Association of persons about their income from all sources for the last five years. (iv) Proprietory Concerns—Income-tax Verification Certificates or Affidavit of the proprietor about his income from all sources for the, past five years. (No affidavit need be filed in respect of cases covered by paragraph 8(a) (2).

(v) Co-operative Societies—Registration Certificate from Registrar of Co-operaiive Societies to prove that this is a Co-operative Society.

[FART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/33I

APPENDIX 5—contd.

9. In the case of applicants falling under paragraph 7, the authorities mentioned in paragraph 2 above, will, on production of the application (Annexure I) duly completed, allot an Exemption Number.

10. In the case of displaced persons who have been forced to migrate to India from Pakistan and have not completed one calendar year of their residence in India, it would not be necessary to produce the usual affidavit on a stamped paper to the Income-tax Officers. Such persons will instead produce the Refugee Registration Card or the Camp Commandant Certifi- cate before the Income-tax Officer concerned along with the application (in duplicate) in the prescribed form (Annexure I). The Income-tax Officer will dispense with the production of Affidavit and after entering such application in his register, will endorse on the original a certificate in the usual form Incorporating these facts. The original will be returned to the applicant and the duplicate retained by the Income-tax Officer. On presentation of such a completed document, the authority concerned would allot an Exemptior Number.

11. The period of validity of Exemption Numbers will be calculated on the same basis as is laid down in respect of Income-tax Registration Numbers, vide paragraph 5 above.

12. All applicants for import licences should get the Registra- tion Numbers (which include Exemption Number also) and quote them in the relevant column of their applications for import licences except as hereinafter provided.

13. In the case of applications for import licences, the production of Exemption or Registration Numbers has been dispensed with in the following cases: —

(i) Import of personal belongings of small value.

(ii) Unsolicited gifts of small values where no exchange remittances are involved.

(iii) Goods required for actual use in educational or charitable institutions which are exempted from paymem of Income- tax.

14. bvreign Nationals.—(a) Applicants who are nationals of Tibet, Nepal or any other adjoining foreign territory are not requir- ed to quote any Registration/Exemption Number provided they do iiot conduct their business in India and the goods imported will be in transit only to the territory where the applicants reside.

(b) Applicants from foreign territories who are conducting their business in India and also those Indians who are conducting business in Nepal, Tibet or in any other adjoining foreign territory besides business in India will be required to produce Income-tax Verifica- tion Certificate etc. like other applicants.

(c) Other applicants who claim that they have no office or branch in India should furnish an affidavit to "the effect that their firm Is constituted of non-Indian Nationals only.

503/332 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1)

APPENDIX 5—comd.

ANNEXURE 1

Form of Certificate of Income-tax Asessment to be produced by

an Applicant for Import Licence.

1. (a) Trade name and address of the assessee (in case of Regis- tration Numbers) ttie applicant (in case of Exemption Numbers).

(b) Names i"i branches if any of l(a) with their addresses.

2. Name and address of the person making this application and.

the interest he has in 1 above.

3. Year in which the business was established.

4. Status for purpose of Income-Tax Assessment:—

(i) Individual.

(ii) Hindu Undivided Family,

(iii) Company.

(iv) Firm

(v) Association of persons.

5. The Income-tax Circle/Ward /District in which the applicant Is assessed to Income-tax.

6. Line or Lines in which the applicant is doing business (by Major Heads).

7. Reference No. (of G.I.R.) of the assessment.

8. (a) Where maximum Income-tax paid during any one of the past five years was:—

(a) Upto Rs. 100.

(b) From Rs. 101 to Rs. 249

(c) From Rs. 250 to Rs. 499.

(d) From Rs. 50G to Rs. 999.

(e) From Rs. 1,000 to Rs. 4,999.

(f) From Rs. 5,000 to Rs. 9,999.

(g) From Rs. 10,000 and above.

NOTE.—The above entries may be completed also in the case of firms registered under the Income-tax Act, 1961 with reference to ihe tax that would be payablo if assessed as an unregistered firm

(b) In case no final assessment has been made it should b^ stated whether tax paid in advance (or payable) on the basis of

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/333

APPENDIX 5—contd.

return filed under sections 139(1), (2), 141 and 212(3) of the In- come-tax Act, 1961 was :—

(a) Upto Rs. 100.

(b) From Rs. 101 to Rs. 249.

(c) From Rs. 250 to Rs. 499.

(d) From Rs. 500 to Rs. 999.

(e) From Rs. 1,000 to Rs. 4,999.

(f) From Rs. 5,000 to Rs. 9,999.

(g) From Rs. 10,000 and above.

NOTE.—-The above entries may be completed also in the case of "firms registered under the "Income-tax Act, 1961" with reference 3o the tax that would be payable if assessed as an unregistered firm, 9. Please attach a list of:—

(a) Partners with their addresses if the concern is a firm.

(b) Persons with their addresses if the concern is an association.

(c) Adult male members if it is a family concern. (d) In case of Private Limited Companies the names of all share- holders including the directors with their addresses.

(e) In case of Public Limited concerns certificate of incorporation to prove that the firm is a Public Limited Company.

(f) Registration certificate from the Registrar of Co-operative Societies to prove that this is a Co-operative Society.

10. State the I.V.C. Registration/Exemption number allotted to the applicant by the I.T.C. licensing authorities:—

(i) during the last two licensing periods; and

(ii) during the current licensing period (in case one has already been allotted).

11. Number and date of the application, if any, already made to the licensing authority for the allotment of I.V.C. number during the current period.

12. I declare that the above mentioned information is correct and com- plete to the best of my information and belief.

Signature of the Applicant his authorised Agent.

(1) Name in Block letters

•d') Full Residential Address

303/334 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I - S M. 1]

APPENDIX 5—contd.

(To be filled by the Income-tax Ofiicet)

1. This is a case for allotment of Registration Number.

In my opinion the applicant mentioned above Mr./Messrs

has been doing everything possible to Pay the tax demands promptly and regularly and to faci- litate the completion of the pending or outstanding proceedings. The certificate is valid for one year from the date of issue.

2. This is a case for allotment of Exemption Number.

*(i) The partners of the firm/members of the Association of persons (other than Co-operative Societies) are eithar regular tax payers or have filed the prescribed affidavits, the facts stated in which have been verified.

•(il) The Directors of which is a Private Limited Company are either regular tax pay- ers or have filed the prescribed affidavits, the facts stated in which have been verified.

•(ill) M/s which is a Public Limited Company have filed the incorporation certificate to prove that it is a public limited company.

•(iv) Shri of • •

(which is a Proprietary concern) is either a regular tax payer or has filed an affidavit in the prescribed form the facts stated in which have been verified.

£*(v) Refugee Registration Card or Camp Commandant's certifi- cate has been examined and duly endorsed by me.

*(vl) Shri

has been submitting his income-tax returns for the past five years in the status of an individual/Htn? but no tax was levied as the income was below taxable limit.

•(vli) which ia a Co-operativ* Society has filed the Registration Certificate from the Registrar of Co-operative Societies to prove that this is a Co-operative Society.

(*) Strike out those not applicable.

( £) Applicable to those displaced Individuals or firm who have entered India within one year from the date of thii application.

The case has been entered in our registers and I have no objec- tion to an Exemption Number being allowed In this case for a period of one year from this date.

(Signature of the Income-tax Officer)

Circle'/Ward'/District

SEAL

[PART I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3o3/335

APPENDIX b—contd.

ANOT3CURE II

Affidavits necessary to be produced by class of applicants falling under paragraph 7 above should contain inter alia the following declaration signed by the proprietor, the partners of the firms, members of the H.U.F. or Association or Directors in the case of a Private Limited Company applying for the allotment of Exemption Numbers. The person/persons signing the affidavit should also give their name (in block letters) and full residential address.

"I/We, Proprietor/Partners/Directors/Members of family of association of M/s...... hereby solemnly declare that I/We have no place of income outside India and that my /our In- come from all sources during the past five years has been below the taxable limit or my/our main source of income during the past five years has been from agriculture which is exempted from pay- ment of tax under section 10 of the Income Tax Act 1961. I/We have had no income from any other source liable to be taxed under the said Act."

ANNEXURE III

Authority to whom Applicanon for allot* Area Where these Income-tax Officers grant-

ment of number should be made.

ing the Income-tax Verification Cer-

tificates are stationed.

I. Delhi, Rajasthan, Himachfll Pradesh,

Punjab, Chandi garh and Haryana.

Joint Chief Controller of Imports (Cental Licensing Area), Indiaprastna Bhavan 'A' Wing, New Delhi.

a. Utter Pradesh . . . Deputy Chief Controller of Import! and Exports,j7/i94, Swaroop Nagar, Kanpur-a •

3. Jtmmn and Kashmir . . Controller of ImportB and Exports, Srinagir

Jammu.

Jt. Chief Controller of Imports and E ipoits 4. Bihar, Orissa, West Bengal, Tripuraj Andaman and Nicobar Islands

4, Esplanade East, Calcutta,

5, Maharashtra and the State of Gujarat,

excluding Kutch and those Districts of Bombay State which were formerly known aa Saurashtra.

Joint Chief Controller of Imports and Ex- ports, Centra] Govt, OfflceH, New Building S.E. wing, New Marine lines, Church gate, Bombay.

Controller of Imports and Exports, RafkoT.

. Districts of the State of Gujarat, which were formerly known as "SauraBhtra".

Joint Chief Controller of Imports and Exports,

Madras.

7, Madras, Andhra Pradesh (excluding the districts of Godawari East and West, Guntur, Krishna, Srikakulam and Vtaakhapatnam.)

8. Kerala State and Laccadive, Minicoy Dy. Chief Controller of Imports and Exports,.

and Amindlvi Islands.

Ernakulam.

3o3/336 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

APPENDIX 5—contd.

ANNEXURE III—contd.

Ana where these Income-tax Officers grant-

ing the Income-tax Verification Cer-

Authority to whom Application for allot-

ment of number should be made.

tificates ate stationed.

Controller of Imports and Exports, Visa-

khapatnam.

-p. ADdhra Pradesh (only districts of

Godawari East and west, Guntur,

Krishna, Srikakulam and Vigakha-

patnam.)

•jo. Assam, Manipur and Nagaland NEFA .

Asstt. Controller t of Impoits Exports,

ShiUong.

ii. Goa, Daman & Diu, and Dadn and

Deputy Chief Controllet of Import! and

Nagar Haveli.

Exports, Panjim (Goa).

12. Mysore State

Controller of Import! and Export!, BangaloM.

Controller of Imports and Export*, Pondl-

l j. Pondlchetry, Karlakal, Mahe and Yaman

cherry.

'14. DUtricts of the States of Gujarat which

Asstt. Controller of Imports ind Expoita

New Kandla.

are formerly known as Kutch includ-

ing New Kandla Free Trade Zone.

\t/Mi I-SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 3o3/337

APPENDIX 6

(Vide para 22 of Chapter II)

List of IDA industries

A. Materials, Componercts, and Spare Parts for industries manufacturing-

(1) Commercial vehicles for civilian market (including jeeps, three wheelers, auto-rickshaws and four wheelers).

(2) Agricultural tractors. (3) Automotive components (including tyres and tubes, storage batteries and automobile leaf springs).

(4) Machine tools and accessories; Plastic working machinery. (5) Cutting and small tools (including coated abrasives and grind- ing wheels).

(6) Electrical equipment (Motors, transformers, switch-gear, generators AC/DC, ancillaries including stampings and lamina- tions, power capacitors, rectifiers and relays).

(7) Cables and wires. (8) Industrial and raining machinery (Boilers, conveyors, drilling equipment, reduction gear, gas cylinder, printing machinery, tea machinery, metallurgical machinery, paper machinery, chemical machinery, RDF machinery, dairy machinery, ceramic machin- ery, oil mill machinery, weighing machines, 'textile machinery, jute machinery, sugar machinery, cement machinery, coal min- ing machinery, furnaces, wire working machinery and industrial machinery unclassified).

(9) Ball and roller bearings. (10) Fertilizers and pesticides. (11) Basic non-ferrous metals (aluminium, copper, lead and zinc), antimony. (12) Abrasive grain. (13) Powder metallurgy i.e., sintered parts and oih'te bearings. (14) Industrial fastners, high tensile and alloy steel bolts, nuts etc. (15) Petrol engines for fitment on agricultural sprayers.

(16) Synthetic rubber.

(17) Malleable iron castings, alloy iron castings, steel castings and steel forgings including S. G. iron castings.

(18) Mathematical and scientific instruments including electrical measuring instruments.

•B. Balancing Equipment for the Manufacture of Products Listed under (A)

above.

303/338 ™E GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. I]

APPENDIX 7

QUOTA CERTIFICATE NO.

(Vide para 29 of Chapter III)

•1. C. C. I. & E., New Delhi.

*2. J.C.C.I & E, Bombay/Calcutta

Madras/CLA, New Delhi.

*3. D.C.C.I., Emakulam/Kanpur/

Gfoa.

•4. C.I. & E., Pondicherry/ Vizagapatnam/Bangalore/Jom-

mu & Kashmir/Rajkot.

•5. A.C.I. & E., New Kandla/Shil-

long.

IMPORT TRADE CONTROL

NOT TRANSFERABLE

Certified that Messrs

have

satisfactorily established by means of—

Bills of Entry/Postal, declaration forms and

•Customs Duty receipts with relevant invoices and Bank Drafts

(•,41 * • . . d f *"*fc,**** *ft*•* * • •••••••• t * • • * * • " " •" • • • *" • • • * i In the prescribed form, that they Imported from — all ports in India at

the port of goods as per given below during the financial year 19 19 :~- Descrlptlon of goods Serial No. and Part of the I.T.C. Schedule. Quantity Value (cJi.) Rs Rupees

(In figures) (In words) 2, This certificate Is Issued without prejudice to the right of the licensing authority to recall for re-examinatlon of the documentary tvidence furnished in support of the above Imports.

Seal

Section Officer/ Assistant Controller, *for C.C Imports & Exports. *for Jt. C.C. Imports & Exports. *for Dy. C.C. Imports & Exports. *Controller of Imports & ExporU.

*Aastt. Controller of Imports & Exports

;.196

•Score out whichever Is not applicable.

{PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/339

APPENDIX 7—contd.

Particulars of Import Licences Issued—against the Quota Certificate

(i) Ljcence No dated -

for the period ..

for Rs issued.

(li) Licence No dated . . . . . ..

for the period

for Rs Issued.

(iii) Licence No dated

for the period

for Rs issued.

(iv) Licence No dated.. - for the period

for Rs issued.

(v) Licence No dated

for the period

for Rs issued.

for the period

for Rs issued.

for the period

for Rs issued.

for Rs • • -for the oeriod issued.

•(ix) Licence No dated

for the period

for Rs issued.

(x) Licence No dated

for the period

for Rs issued.

(xi) Licence No dated

for the period • for Rs issued.

fxii) Licence No dated

for Rs — f or the period issued.

•(jdit) Licence No dated

for the period

for Rs issued

(xiv) Licence No. • • dated

.. lor the period

for Rs issued.

3o3/34O T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

APPENDIX 8

(Vide paras 30, 42 and 46 of Chapter III)

Form of Affidavit

••Form of Affidavit to be produced in cases where the Custom Copj of the Bill of Entry has been lost or misplaced and the Exchange- Control Copy thereof or a true copy of the Bill of Entry certified by the Cutoms Authorities is produced as evidence of past imports. "I/We solemnly declare thst the Customs Copy/Exchange Control Copy of the Bill of Entry Cash No dated has been lost or misplaced without having been produced for getting a licence :or the same goods or for some other goods or for any other purpose to any licensing authority The Exchange Control Copy/Custom* Certified Copy of Bill of Entry is therefore produced for purposes, of calculation of quota. The Customs Copy/Exchange Control Copy of the Bill of Entry in question if traced or found later will not be- produced in future to obtain a licence for the same goods or some- other goods, to the same licensing authority or to any other autho- rity."

(Para 299 of Chapter XVII)

(i) Form of affidavit for obtaining duplicate copies of licences and* Customs Clearance Permits which are lost or misplaced.

"I/We hereby solemnly affirm and declare that customs, purposes copy/exchange purposes copy /both copies of licence issued to me/us for the import of No from has been lost/misplacedi without having been registered with any customs authority and utilised at all/after having been registered with

..(Customs House) and utilised partly.

The total amount for which the licence was issued is Rs and the total amount for which the original copy/or duplicate- copy, if any Issued was utilised is Rs The duplicate copy now required is to cover the balance of Rs. I/We further solemnly affirm and declare that the said licence- has not been cancelled, pledged, transferred or handled over by me/us or on my/our behalf to any other party for any purpose/consideration whatsoever and request to cancel the original licence in lieu of which the duplicate copy has been applied for by me/us. I/We agree and undertake to return the original licence, if traced later, to the issuing authority tor records."

(lara 42 cf Chapter JIT)

(ii) Form of affidavit to be produced in cases where the quota* certificates issued by thn licensing authorities are lost or misplaced..

••This affidavit should be Biibnmted on 8ramped paper, for the value prescribed in •pplkanfs ttare.

|PART 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/34l

APPENDIX Z—contd.

"I/We hereby solemnly declare that quota Certificate No... • dated granted to me/us, by DCCI & E/JCCI & E for (S. No ) for Rs. during the year on the basis ol past Imports made during the basic year has been lost or misplaced without its being produced before any licensing authority for getting an import licence for the same or any other goods or before the S.T.C. or any other autho- rity for obtaining an allotment of imported goods.

I/We hereby further declare that the said quota certificate has not been cancelled, pledged, transferred or handed ov"r by me/us or on my/our behalf to any other party for any purpose/consideration whatsoever and that the original quota certificate if traced later, will not be produced in future be- fore any licensing authority to obtain a licence or for allot- ment of Imported goods from S.T.C. or any other authority but will be surrendered to the licensing authority concerned for cancellation, I/We further solemnly declare that to the best of my/our knowledge and belief the said quota certificate- was utilised by me/us upto the licensing period -, etc."

(Vide para 46 of Chapter III)

CERTIFICATE I*

Certified that we with Head Office

selected

at and Branches at have for the purposes of import of from as the common basic year and the quota certificate hereto appended'. Is based on previous imports in this common basic year.

CERTIFICATE II."

Certificate that we with Head and Branches have for the purpose-

from

Office at • • at of imports of as the common •elected basic year and that we have not yet obtained revised quota certifi- cates based on imports in this common basic year.

•Not necessary to furnish these certificate* on stamped paper.

303/342 T HE GAZETTE OF INDIA EXTRAORDINARY [PART l-Smo. t\

APPENDIX 9 (Vide paras 49 and 64 of Chapter III) Intimation to licensing authority about the change in the ownership/constitution of an established, importer's buainesi.

1. Name of the business. -2. Address. 3. Names of branches, if any, with their

address.

4. Nature of change in the ownership/cons-

titution of the business.

£. Date from which the change has taken

place.

6. (a) Original ownership, whether

(i) Individual, (ii) Partnership. (iii) Karta of Undivided Hindu Family, (iv) Limited company, (v) Any other association or body of

individuals.

*fl. (b) Names of Individuals in the case of (i), (iii) and (v) above, names of partners in the case of (ii) above and names of Directors in the case of (iv) above.

7. (a) New ownership, whether

(i) Individual, (ii) Partnership. (ill) Karta of Undivided Hindu Family. (Iv) Limited Company, (v) Any other association or body of

individuals.

'7. (b) Names of individuals in the case of (i), (iii) and (v) above, names of partners in the case of (ii) above and names of Directors in the case of (iv) above.

DECLARATION

I/We do hereby declare that there has been a change In the ownership"/constitution of the business carried on In the name of M/s as stated above. There Is no change in the name of the business. I/We, being the new owner"/ re-cona- tttuted concern, have acquired the quota of the original concern as a whole. Our case is fully covered by paragraph BO of the Import Trade Control Hand Book of Rules and Procedure, 1968 which we have carefully read.

[PAKT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/ 343

I/We also declare that I/We have selected common basic year for the calculation of quotas in respect of the same or similar items in accordance with paragraph 59 of the Import Trade Control Hand Book of Rules and Procedure, 1968.

I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief and I/We fully understand that any licence claimed or granted to me/us on the basis of the above statements is liable to cancellation, in addition to any other penalty that the Government may impose, or any other action that may be taken having regard to the cir- cumstances of the cases, if it Is found that any of the statements or facts therein are incorrect or false.

Signature.

Name in block letters.

Full address.

NOTE—(1) This declaration should be signed by a person who is duly authorised to sign a declaration on behalf of the new owner or the re-constituted concern, as the case may be. The person signing the declaration should clearly state the position held by him in the business.

(2) The declaration should be attested by a Notary public.

4U(J of 1 Kx. 24

303/344 T HE GAZETTE OF INDIA EXTRAORDINARY (PART I-SEC. 1]

APPENDIX 10

(Para 54 of Chapter III)

FORM OF APPLICATION FOR RECOGNITION AS ESTABLISH- ED IMPORTERS AND GRANT OF QUOTA ON CHANGE IN THE OWNERSHIP OF BUSINESS

1. Name of applicant

(a) Trade or business name (b) Address (c) Names of branches, if any, with their addresses (d) Ownership, whether

(i) individual (ii) partnership (iii) karta of undivided family (iv) limited company (v) any other association or body of individuals.

(e) Names of individuals in case of (i), (iii) and (v) above names of partners in case of (ii) above and names of directors in case of (iv) above.

NOTE,—In case of (ii), the partnership deed should be sent with the application.

2. (a) Trade or business name and address of the established importer whose quota is sought to be transferred either wholly or in part.

(b) Names of branches, if any, with their addresses. The details of branches closed in the past may also be furnished.

(c) Whether the established importer in (a) above was

(i) an individual (ii) a partnership (iii) a karta of a Hindu undivided family in respect of the family business

(iv) limited company (v) any other association or body of individuals.

(d) Names of the individuals in case of (i), (iii), (v) above, names of partners in case of (ii) and names of directors in case of (iv) above.

NOTB.—In case of (ii), the partnership deed should be sent with the application.

3, Date on which the business in (2) (a) above was first establish- ed.

JV/MT I-SKG. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/345

APPENDIX 10—contd.

4. The last transfer, if any, of quota allowed previously in respect of the business, and the number and date of the order allowing such transfer.

5. Mention changes in the ownership of the business due to admission, retirement or death of partners or transfer of business or any other reason whatsoever since 1-4-1951, or date given in item (3) above or the date mentioned if any, in item (4) above, whichever is latest.

6. Why was no application made for recognition of the change mentioned in (5) above?

7. Particulars of licences, if any, obtained without obtaining recognition of change (l.e., licence number^ name of commodity value of licence, licensing period and licensing authority).

8. Particulars of the quotas sought to be transferred (i.e. number date and value of quota certificate, the name of commodity and the basic year as mentioned therein and the licensing authority).

9. Whether there is any order in force against the said established importer under clause 8 or 8A of the Imports (Control) Order, 1955 or clause 8 or 8A of the Exports Control Order, 1962 suspending issue of licences or debarring him from receiving licences, and the number and date of the order.

10. The share which applicants claim in the quota of the estab- lished importer and any reason for the same.

11. List of documents enclosed with the application:

1

2

3

4

I/We hereby declare that the above statements, are true and correct to the best of my/our knowledge and belief. I/We fully understand that the transfer/division of quotas if and when granted to me/us on the basis of statements furnished is liable to cancella- tion without prejudice to any other action that may be taken

303/346 T HE GAZETTE OF INDIA EXTRAORDINARY [FAST I-SEC. 1]

against me/ us la this behalf, if any of the statements or facts givea above are found to be incorrect or false at any stage.

Data

Signature

Name in Block Letters

Designation

Residential Address

• •.••. ["" "•

- . . •

;•!.] . . . . . . . . . . . . ..

[PART I-SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/347

APPENDIX ll

(Para 54 of Chapter III)

JURISDICTION OF LICENSING AUTHORITIES FOR RECOGNITION OF NEW ESTABLISHED IMPORTERS AND GRANT OF QUOTAS

Jurisdiction

Authority to whom applications for recog- nition of new established importers and grant of quotas should be made.

1,

StiLas of Himaihal Pradesh, Delhi, Rajas- t'lHii, Jamma and Kashmir, Haryana, C'landigarh and Punjab.

. T->:~if. GVef Goitrollir >f LnnirK & H<- pn-ts ^Gs-unl Licjiiiia? Ar?i>, I

->

f i i i" l v ' "r

J> i" • " ' ! • ; -- >r E n ' v ii mi

E < > vf;, t, J ' I V I U IS £";% C i b a r . i.

States of h.^ 1:11, Bihar, Orissa, West Bengal.. Miruour, Trioara, Andaman and Nicobar Islands and NEFA.

Scirn >f M r n r a s ' i t n, Gajarat and Madhya fr r C i ! ;f i n t r i ' J jr if t n i > r ts i ii

i.

Pradesh.

B:o->r:s, C;atrsl Govt. Officas New Building, S. E. Wing, New Marine Lines, Churchgate, Bombay.

[ i ' if Cii'jf C1 v.nlljr jf I n " t ts and

4-

E'

States of Madras (excluding Coimbatore District), Andhra Pradesh and Mysore (excluding Mangalore District), Pondi- chsrrv, Karaikal, Mahe aad Yanam.

Dioitv Gh;"f Gjilroiler of IinpJi-ts and Grid, Daman and Diu.

5-

Exports, Panjim (Goa).

6. D; ).itv Giief G)itrollar of Imports and

Exports, Ernakulam. •

Kerala State, Coimbatore DUtt. of Madras State, Mangalore Distt. of Mysore State and Lacadive, Minicoy and Amindivi Islands.

Uttar Pradesh.

DJ-) ry G uef Gi trjller >f Imports and

7

Exports, Kanpur.

303/348 T HE GAZETTE OF INDIA EXTRAORDINARY [PAIT I-3*a 11

APPENDIX 12

(Para 71 of Chapter IV)

List of Priority Industries.

Industries engaged in the manufacture of: —

1. Motorcycles. 2. Scooters. 3. Bicycles and Bicycle Parts. 4. Mopeda. 5. Agricultural Tractors. 6. Agricultural machinery and implements. 7. Pumps. 8. Fertilizers. 0. Pesticides.

10. Basic metal—iron and steel, copper, aluminium, zinc and lead 11. Industrial and mining machinery. 12. Iron and Steel castings, pipes and structures. 13. Internal Combustion Engines. 14. Machine tools and accessories. 15. Workshop machinery and equipment oilier than machinery tools.

16. Small tools including catting tools, power tools and other workshop tools.

17. Coated and bonded abrasives and polishing wheels. 18. Industrial furnaces. 19. Ball and roller bearings. 20. Welding electrodes.

21. Transformers, switchgears, motors, generators, power capa- citors rectifiers, relays and electric stampings.

22. Electrical cables and wires. 23. Storage batteries, dry batteries. 24. Electronic components. 25. Construction and earth moving equipment. 26. Cranes and hoist blocks. 27. Industrial fastners. 28. Wires ropes. 29. Scientific and industrial instruments. 30. Cement.

[PAHT I-SKC. I] THE GAZETTE OF INDIA EXTRAORDINARY 303/349

APPENDIX 12—contd.

31. Organic and inorganic heavy chemicals including lead oxides White Lead, Zinc oxide and Titanium Dioxide.

32. Fine chemicals. 33. Pulp, paper and newsprint. 34. Synthetic rubber. 35. Tyres and tubes. 36. Industrial explosives. 37. Industrial gases. 38. Drugs. 39. Medical and surgical equipment and appliances. 40. Electro-medical and X-Ray equipment. 41. Refractories, fire bricks and insulators. 42. Commercial vehicles including Jeeps and three wheelers. 43. Automobile ancillaries. 44. Trawlers, dredgers and fishing boats. 45. Leather and leather goods. 46. Optical and laboratory glass and glass wool. 47. Jute textiles. 48. Tea. 49. Coffee. 50. Canned and preserved fish. 51. Sanitary cans. 52. Paints and varnishes and enamels. 53. Man-made fibres. 54. Matches. 55. Telecommunication equipment. 56. Wagons. 57. Industrial refrigeration equipment. 58. Sugar. 59. Cotton textiles.

3O3/35O T HE GAZETTE OF INDIA EXTRAORDINARY [PA"T I-SEC. 1]

APPENDIX 13

(Para 72 of Chapter IV)

Statsmam ahowina details of imported machinery or indigenous machinery having imported

•'• 'mponents, for which spare parts are sought to be imported.

Remarks SI. No.

C.I.F. value in the case of machinery/ purchase price in the case of indigenous

Details of machinery installed or used in the applicant's unit and for which spares

machinery

arc required

Licence No. & date under which the ma- chinery waa imported along with coiintryfs) of origin 01 date of purchase in the case of indigenous machi-

nery

(4)

(5)

(3)

(a)

10

Imported machinery

Indigenous machinery

having imported

components.

[./ We job.rr-ily declare ihat the above statement is true and correct to the best of my/our

knowledge.

n"n-

Signature Name in block letters Designation Residential address

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/351

APPENDIX 14

(Para 73 of Chapter IV)

Statement showing consumption of imported ravi materials and components, production

and un-utitised value oj licence).

1. Name of the Unit

2. Hnd product manufactured

3. C-t.P. value of imported raw materials and components (excluding spare parts)

consumed by the unit during the period from— to

f. .1 nlc / lLia jf .irDijucion turned out by the unit duxlngthe pcriodfrotn———.—.—

to

• ;. J

L C C U .I ir> >( i n v i rt U c e a - ; si f or r aw m a t e r i a ls a nd c o m p o n e n ts w i th u n - u t i l i s ed

balance:

No. and date of licence

Source of finan- cing

Date up-to which valid, including re- validation, if any, granted

Balance C.I.F. value available on Customs copy of the licence o n . . ..

Total C.I.F. value of li- cence

C.I.F. value out of Col. 5, for which letter of credit has been opened

Un-utilised C.I.F. value (difference between the values In cols. 5 and 6)

1

2

6

4

3

7

5

I/We hereby declare that the information given in this statement is correct. 1/ We fully understand that any Hoence issued on the basis of this information will be liable to oaacelUtioQ, in addition to any other action that may be taken in this behalf, if it is found tint any pirt of the information furnished is incorrect, false or misleading.

Signature of applicant

Full Addresa

D"ei

3O3/332 ™E G A Z E T TE OF r N n lA EXTRAORDINARY [PAST l^-Sei. 1]

APPENDIX 14-eontd.

I/We do hereby certify that the information furnished in this statement is correct and complete. I/We have verified thin from the following records:—

CD

(?)

(3)

(4)

Signature and seal of Chartered

Accountant

Date

Full Address

NOTE:—(1) Only those import licences should be entered in this statement which pertain to raw materials, components & spares, issued to the applicant under the Actual Users' policy and ace still valid including the revaJi- dation, if any, granted. If the applicant has surrendered any licence, it should ilpo be entered if it has not expired.

(2) The un-utilised value to be entered in Col. 7 will be the balance C.I.F. value available on the Customs copy of the licence, reduced by the amount for which firm commitment has been made by opening letter of credit.

(3) The consumption and particulars of licences to be shown in this statement will be in respect of those items for which import licences have been issued to the applicant by the I.T.C. authorities. Similar information in regard to items for which import applications are required to be made to the Iron & Steel Controller's Organisation should be shown in n separate statement to be submitted to the Iron & Steel Controller's Organisation, (The units engaged in IDA indus- tries should include information in regard to iron and steel items in the applications submitted to I.T.C. authorities).

IPART I - S EC I] THE GAZETTE OF INDIA EXTRAORDINARY 303/353

APPENDIX 15 (Para 76 of Chapter IV) Names of Sponsoring Authorities

Industry

Sponsoring Authority

1. (a) Textile industry other than jute "]

hemp and silk J- Textile Commissioner, Bombay.

(b) Textile enginceringlindustry J

2.

Chairman, Tea Board, Calcutta.

Tea Industry Coffee Industry Sugar Industry

3- 4-

Chairman, Coffee Board, Bangalore. Director (Sugar Technical) Directorate'of Sugar and Veriest at i.- Ministry of Food Agriculture, Ccrrmunity DcvclopmeMt and Co-operation, New Delhi.

' Rubber Fstate

Chairman, Rubber Board, Kottayam. 5-

Petroleum Industry

6.

Ministry of Petroleum' and Chemicals,

New Delhi,

Iron and Steel Controller, Calcutta.

7. Producers of iron and steel and rc-rolling mills, excluding rc-rolling mill etc., which do not require the permission of Iron and Steel Controller as per Govt. of India former Ministry of St;cl, Mines and Fuel (Depit. of Iron and Steel) Notification No. SC (A)-I(28)/59J dated the 4lh June, 1960.

Coal Controller, Calcutta.

S. Collieries.

Mleniidty undcrtukvnr"i

9.

Ontral Water and Power Commission (Power Wing), Government of India, Bikaner House, Shahjahan Road, New Delhi.

10.

Central Silk Board, Eomboy.

1 1.

Silt Industry Handlo cm'Indus- ry

State Directors of Handiooms.

12. Vanaspatii Ir^ustryj

13-

Chief Director, Directorate of Sugar and Vanaspati, Ministry of Food, Agri- culture, Community Development and Co-operation, New Delhi. Chairman, Coir Board, Ernakulam. Director General of Shipping, Bombay. .

Coir^Industry. Shipping Industry/Shipping Companies

14.

(In respect of sea going vessels). The requirements in respect of inland steam and motor vessels will be certi- fied by the Principal Officer, Mercan- tile Marine Department of the arc" concerned.

, Fruits and vegetable preservation in-

15.

dustry including cold storages.

Director General Technical Develop- ment/Directorate of Marketing & In- spection, Ministry of Food, Agricul- ture, Community Development and Co-operation, Department of Agricul- ture, Nagpur.

The actual user should submit his application to the Directorate of Marketing and Inspection, Ministry of Food, Agriculture, Community Development and Coopera- tion, Department of Agriculture, Nagpur, who will forward the same with his recommen- dation to the Director General, Technical DcvelOf ment.

303/354 T HE G A Z E T TE OF JNI>IA EXTRAORDINARY [PART I-SEO. 1]

APPENDIX 15—contd.

Sponsoring Authority

Indtutry

Jute CommiMioner, Calcutta.

Jute and Rope Induitry (using sisal or

msoilfl)

Controller, Indian Bureau of Mines, Nagpur.

Mine* other than collierie*.

t?.

State Directorate of Fiehenen.

Canning, freezing and other fishery Indus-

18.

trie!.!)

Swtt Drugs Control authorities (as giv.;u in Pharmaceutical Induatrv .

19-

Appendix IB to this boiik".

Salt Coirimi""Lont;i, Jaipur.

2 0. Stlt Industry in the priyHte sector

Direc'or General, Technical Development.

Starch Initutry. . . ..

21.

2 2,

Cardamom Board, Rrnakulam

Cardamom plantation.

Industrie! other than tho"c mentioned

23-

-bore.

T.ndustrtci Commissioner ot the State Direc- tor of Induitriea, as the ^flsc may be, of the State where the factory i* located.

(fAKT I-SEO. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/355

APPENDIX 16

[Paraj76(9) Chapter IV]

Application for Allotment of Registration[Numbtr

(1) Name of the Scheduled Industry or

Industries to which articles of manu- facture relate

(2) Nameof thelndustrialUndertaking-

(3) Full address of the Registered Office

of the Company.

(4) Full address of the location of the

factory.

(5) Licence number/numbers issued

under I (D & R) Act, and date.

(6) Sanction lettor/letters number issued,

number and date.

(7) Names of Proprietors, Partners or Board of Directors and their full address.

(8) Any foreign collaboration involved.

If so, with whom ?

(9) Any foreign technician employed. If soi number and types of such personnel.

(10) Tonnage licensed/sanctioned for production per annum on single shift basil.

(11) Number of shifts allowed under

licence/sanction.

(13) Capacity actually installed out of licensed/sanctioned capacity.

(13) Reason for non-installation of balance capacity and when expected to be installed or reasons for excess capacity where applicable.

(14) Names of articles not manufactured and production capacity perannum against each such article with de- tails e.g. gauges, quantities etc.

{In cm* of uttitt notytt starUdproduction)

(1) Whether land acquired for factory.

(a) Progress made in the construction of factory and Installation of plant & machinery.

(3) Progress made in getting supply of

water and power.

303/356 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKO. 1J

APPENDIX ie-cmtd.

(4) What percentage in value of total requirement of capital equipment has been

(a) ordered and received;

(b) ordered and not yet received.

(5) Expected dato of commencement

of production.

I/Wo hereby declare that the facts/statements fgiven above are true and correct to the best of ray/our knowledge aid bslicf. I/We fully understand that any "registration number" claimed or grafted to me/us on tha basis of above facts/statements is liable to cancellation in addition to any other action that may be taken having regard to the clrcumgtanceg of the cases, if it is found that any of the statements or Tacts therein are Incorrect or false.

(Signature of applicant) Name in Block Letters

IJul) address:—

Date

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/357

APPENDIX 17

(Para 78 of Chapter IV)

LIST OF INDUSTRIES (Ancillary units engaged in these industries with capital investment upto 10.0 lakhs will be treated as SSI units)

1. Industrial Machinery.

2. Agricultural and Earth Moving Machinery

3. Machine Tools.

4. Industrial, Scientific and Mathematical Instruments (Mechanical).

5. Locomotives and Holling Stocks, Ships and Aircrafts.

6. Bicycles.

7. Boilers, and Steam-generating Plants.

8. Steam Engines, Turbine and Internal Combustion Engines.

9. Automobiles.

10. Commercial Offlre and Household equipment.

11. Electrical Machinery, Equipment and Appliances.

12. Tele-communication equipment.

13. Industrial Instruments (Electrical).

14. Radios and Electronic Equipment.

15. Air-conditioners and Cold Storage equipment including Refrigerators.

16. Mineral Oil and Petroleum Industries.

NOTE.—In regard to item No. 11 viz. Electrical Machinery, Equip- ment & Appliances, Emphasis should be mainly on electrical machinery rather than on appliances, which would cover also those of consumer type, the scope for the development of which is some- what limited at present.

In regard to item No. 16 viz. Mineral Oil & Petroleum Industries only- such small scale units which serve as ancillaries to large scale unit engaged in the manufacture of the equipment for the market- ing of the refined petroleum products should be encouraged.

CRITERIA FOR ANCILLARY UNITS

A unit which produces parts, components, sub-assemblies and tooling for supply against known or anticipated demand of one or More large units manufacturing/assembling complete products and •which is not a subsidiary to or controlled by any large unit in

303/358 T HE GAZETTE OF INI>IA EXTRAORDINARY [PAST I-SEC. 1]

regard to the negotiation of contracts for supply of its goods to any large unit. This shall not, however, preclude an ancillary unit from entering into an agreement with a large unit giving it the first option to take the former's output.

The units which are set up primarily for replacement market also fall within the scope of the above criteria. Units manufactur- ing Tools, Jigs & Fixtures will also be recognised as ancillary units.

[PART I-SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/359

APPENDIX 18

(Par* 79 of Chapter IV)

LIST OF STATE DRUGS CONTROL AUTHOKITHJS

I

2

3

I

Drugs Controller and Director, Medical

A n d h ra P r a d e ih . . ..

Services, Anihra Pradesh, Hyderabad.

2 A " i am

Drugs Controller, and Director of Health

Services, Assam, Shillong.

Bihar

Drugs Controller and Director of Health 3

Services, Bihar, Patna.

Gujarat

Director, Drugs Control Administration* 4

Gujarat State, Ahmedabad-I.

Harayana

Drugs Controller, Haryanftj Chandigarh, 5

6 Kerala

Drugs Controller and Director of Health

Services, Kerala, TrivandiLm.

M a d h ya P r a d e sh . . ..

7

Drugs Controller, Madhya Pradesh, Directo- rate of Heakh Services, Moli Bungalow, Indore.

M a h a r a s h t ra . . ..

8

Director, Drugs Control Administration, Maharashtra Stnte, 127, Mahatma Gandhi Road, Port, Bombay-i.

M a d r as

9

Drugs Controller and Director of Medical Services, Madras State, 79-81, Mount Road, Madras.

M y s o re ,

10

Drugs Controller, Mysore State, Scshadrl

Road, Bangalore.

11 O r i s sa

Drugs Controller and Director of Hialth

Services, Orissa, Blmbneshwar.

P u n j ab

12

State Drugs Controller, Punjab, Directorate of Health Services, Old Secretariat, Chandigarh.

R a j a s t h an . . . ..

Drugs Controller and Director of Medical

U i t ar P r a d e sh . . ..

*4

anil Health Services, Rajisilian, Jaipur. Drugs Controller and Director of Medical nnA Heakh Services, Uttar Pradesh, Lucknow.

W e st B e n g al . . ..

The Director,Hn;p Control, \Test Bengal, ^5

College Square West, Calcutta-7.

16 Delhi

Drn^s Controller and Superintendent, Medi- cal Services, Dtlhi Adniiniitration, 15, Alipur Road, Delhi-6.

17

IS

Goa

Himachal Pradesh

Drags Comroller, Goa, Panjicn. Drugs Controller and Director of Health

Services, Himachal Pradesh, Simla.

M a n i p ui . . . ..

19

Drags Controller and Director of Medical and Heakh Services, Man^pur, Imphal.

20 P o n d i c h e r ry . . . ..

21 T r i p u ra . . . ..

Drugs Controller, Pondicherry. Drugs Controller and Superintendent, V.M. Hosphal and I/C Health Diicctoraie, Agartala.

22 Jammu and Kashmir

Drugs Controller of Jammu and Kashmir,

Srinagar.

49 G. of I. Ex.—25

3

APPENDIX 19

O

3

/

(Para 92 of CHAPTEK IV)

3 6

O

Register for maintenance of consumption and stocks by actual users.

T H E

Receipt* (Stock)

Issue (Consnmption)

Date Description

s.

of item

NO.

Remarks

Name of

Supplier

Date Qty. End

used

G A Z E T T E Opening Qty. of ftvsh stock received

Import Licence

No. & date against

which stock is

imported

Product in which dosing

(Batch No. also Balance

to be shown in the case

of Phflmv^iiriral TTnits)

O F

I

Detail* of

document 1

pertaining

to the

transport-

ation of

goods from

the port of

landing to

t>\c factory

^"ite

N D

I

A

E X T R A O R D

I

N A R Y

{

T A

" T

T

-

l

S C

.

1

]

fPABT I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/36I

APPENDIX 20

(Para 126 of Chapter VI)

The following machinery and component parts thereof falling under Serial Nos. 4 and 5 of Part III of the Import Trade Control Schedule and all goods not mentioned hereunder but falling undef Serial Nos. 4(1), 1(2), 4(3), 4(4) and 4(5) of Part III of the I.T.C. Schedule, when required by the Cotton Textile Industry.

(Note 1.—Component parts are those parts which are Illustrated In the Original Machinery makers' catalogues. Note 2.—The letter (P) denotes productive machinery.)

(A) COTTON SPINNING MACHINERY

(I) Mixing and Blow Room Machinery (ii) Card Room Machinery (a) Carding Engines. (b) Card Grinding & Mounting Equipments. (c) Vacuum Stripping Plants for Carding Engines.

(HI) Combing Machinery

(a) Ribbon Lap Machines. (b) Silver Lap Machines. (c) Lap-former. (d) Comber. (e) Re-Needling Equipment,

(lv) Drawing Frames and Speed Frames

(a) Drawing Frames. (b) Lap Winders. (c) Lap Drawing Frames. (d) Slubbing Frames. (e) Single passage Speed Frames (High Draft). (f) Simplex Fly Frames. (g) Intermediate Frames. (h) Roving Frames. (i) Jack Roving Frames.

(v) Spinning Room Machinery

(a) Warp & Weft Ring Frames. (P) (b) Mules. (P) (c) Doubler Winding Machines, Ring & Flyer Doubles Twishers and Double Twisters.

303/362 THE GAZETTE OF INDIA EXTRAORDINARY [PART I - S "C I]

APPENDIX 20—contd,

(d) Tubular, Banding & Braiding Machines. (P). (e) Roller Covering, Grinding & Mounting Equipment?. (f) Bobbin Stripping Machines. (g) Yarn Gassing Machines. (h) Reels. (i) Bundling Presses. (j) Yarn Polishing Machines. (k) Yarn Conditioning Machines.

(vi) Waste Cleaning Machinery (a) Roving Waste Openers. (b) Thread Extractors. (c) Willow Machines.

(B) COTTON WEAVING MACHINERY

(i) PREPARATORY MACHINERY

(a) Winding Machines

Drum Winders, Vertical Spindle Winders, Cheese and Cone Winders, BoUle Bobbin Winders, Prin Winders, and Spool Winders.

(b) Warping Machines

Beam Warping Machines, Ordinary Creels, Magazine Creels, Sectional Warping Machines, Beaming Machines. Super speed warping machine.

(c) Sizing Machines.

Ci) Cylinder Slasher Sizing Machines. (ii) Multi-cyhndcr sizing machines, (iii) Hot and/or Moist Air Drying Sizing Machines.

(d) Wrap Reachcr-in-frames (Mechanical and Electrical). (e) Automatic Wrap Tieing Machines. (f) Drawing-in-frames (mechanical and automatic).

(ii) LOOMS

(a) Plain Looms, Automatic Looms, Tappet Looms, Drop- Box Looms or Circular Box Looms a.ad Circular Looms.

(P) (P) (b) Terry Towel Looms. (c) Tape Looms. (P) (d) Ribbon Looms. (P) (e) Webbing Looms. (0 Loom for Waste Yarn Weaving. (P) (g) Duck Looms, Canvas Looms and Blanket. (P)

(h) Loom attachment such as Dobbies, Jacquards, Warp Letoff Motions, Positive Take-up Motions, Drop Box Motions, Special Tappets, Warp Stop Motions, Card

|P,\"T I-SEC. ]] THE GAZETTE OF INDIA EXTRAORDINARY 3O3/36.3

A P P E N D IX 20—contd.

Punching Machines, Card Cutting Machines, Repeating Machines, Lacing Machines and Automatic Weft Replenishing Attachment for cop or shuttle change.

(C) BLEACHING, MF.RCERTSTNG, DYEING, PRINTING, FINISHING AND CALENDERING MACHINERY

(i) Bleaching Machines

Gas and Electric Singeing Machines.

Boiling Kicrs.

Open width Kiers (Dcsizing Machines)

Bleaching Croft Washing Machines.

Rope Washing Machines.

Piling Machines.

Chemicking and Souring Equipment.

Squeezer.

Scutcher.

Water Mangle.

(ii) Mercerising Machines.

Chain and Chainless Mercerising machines with Lnpregnat- ing Mangle.

Caustic L-ye Cooling Plant.

Cylinder Drying Machines. Automatic Piling Apparatus.

Caustic Soda Recovery, Range. Hank yarn Mercerising Machines with Cooling Plant.

(iii) Dyeing Machines.

Hank Dyeing Machines. Cheese Dyeing Machines. Cone Dyeing Machines. Beam Dyeing Machines. Loose Cotton Dyeing Machines.

Card Silver & Flyer Bobbin Dyeing Machines & Plants with Pumping Arrangement and Lifting and Travelling (Mechanical or Electrical).

Hoists for material Carriers.

Dyeing Jiggers—Ordinary and Automatic.

Padding Mangles.

Wince Dyeing Machines.

Hot Air Drying Machines with Cylinders/or Chambers.

Hydro-extractors (Centrifugal and Open Width).

Continuous Dyeing Machines,

303/364 THE GAZETTE OF INDIA EXTRAORDINARY [PACT I-S*C. 1]

APPENDIX 20—contd.

Khaki, Aniline and Sulphur Dyeing Plants consisting of:

Padding Mangles. Vertical Drying Machines.

Agers. Dye Jiggers. Washing Range. Open Soapers. Cylinder Drying Machines.

(iv) Printing Machines

Brushing, Shearing and Cropping Machines. Stentcring Machines. Colour Pans. Mandrel Forcing Press. Laboratory Printing Machines. Roller Printing Machines. Screen Printing Machines. Cylinder Drying Machines. Hot Air Drying Machines or Hot Flues. Aging Machines. Washing Machines. Open Soaping and Washing Machines and Rope. Soaping & Washing Machines.

(v) Finishing Machinery.

Starch Mangle. Back Filling Mangle. Cylinder Drying Machines, Hot Air Drying Machines. Stentering Machines (Pin Clip and Jig). Belt Stretching Machines. Palmer Stretchers. Starching Machines, Beetling Machines. Spray Damping Machines. Brush Damping Machines. Sanforizing Machines. Raising Machines. Cloth Brushing Machines.

(vi) Calendering Machines.

Friction Calendering Machines. Sweezing and Chasing Calender Machine*.

{PART I-SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/365

APPENDIX 20—cojud.

Schreiner Calender. Embossing Calenders. Finishing Calenders. Universal Calenders. Felt Calenders.

(D) PACKING AND FOLDING MACHINERY

Folding Machines. Inspecting and Measuring Machines. Stamping Machines. Combined Coeasing, Lapping, Rolling St Measuring

Machines.

Ball Press.

(E) COTTON WASTE SPINNING

(i) Opening and Cleaning Machinery.

Hard Waste Breaker Machines. Premier Opener Machines. Pickering Machines. Rag Tearing Machines. Tenter Hook Willow Machines. Spiral Willow Machines. Waste Hopper Feeders and Scutchers.

Breaker carding Engine with or without Hopper Feeder Finisher Carding Engines either with Condenscri or Ring.

Doffers. Derby Doublera. Slubbing Frames. Intermediate Frame*.

(iil) Spinning Machinery.

Mule Spinning Machines. Ring Spinning Machines. Condenser Spinning Machines. Charypton Frames. Box Frames.

(P) (P) (P) (P) (P)

Circular Machine*. Rib Top Machines. Linking Machine*.

(P) (P) (P)

303/366 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. 1]

APPENDIX 20—contd.

(P) Flat-Bed Machines. (p) Tricot Knitting Machines. Warp Knitting Machines. (p) Mosquito Net Manufacturing Machines. (P) Fishing Net Making Machines. (Pj Raschel Knitting Looms.

(ii) Stitching Machines.

Overlook Machines with Cutters. Chain Stitching Machines. Hem Switching Machines. Flat Lock Machines.

(iii) Dressing Frames and Guillotine Cutters.

(iv) Embroidery Machines.

(G) TESTING ROOM MACHINES

Fibre, Silver, Yarn and Cloth Testing Machines and Apparatus for testing staple length convolutions, crimps, twists, counts, moisture content, tensile strength, bursting, wearing and tearing.

(H) HUMTDIFYTNG AND AIR CONDITIONING EQUIPMENT

AND APPARATUS-

CD MATERIAL HANDLING AND CARRYING EQUIPMENTS.

(J) PNEUMATIC UNDER CLEARER ATTACHMENTS.

(K) AUTOMATIC FEED LUBRICATION SYSTEMS.

(L) POWER PLANTS

(i) Steam Engines, Turbines & Turboalternators. (ii) Steam Boilers, Economises, Superheaters, Feed Pump's, Mechanical Stokers, Pulverisers and Fuel Burning equip- ments.

[TART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 0 3 / 3 67

APPENDIX 21

(Para 128 of Chapter VI)

LIST OF KEY INDUSTRIES

1. Pig Iron.

2. Alloy SLCCI. 3. Ferro-Chiome and other Ferro-Alloys except Fcrro-Manganeso and Fcrro-Silicon. 4. Malleable Iron Castings. 5. Steel Castings. 6. Steel Forgings. 7. Structures (Heavy). 8. Industrial Machinery. 9- Cranes.

10. Machine Tools including Small-Tools, Dies, Jigs and Fixtures, 11. Automobile Ancillaries. 12. Coated Abrasives. 13. Electric Winding Wires. 14. Fertilisers. 15. Sulphuric Acid. 16. Caustic Soda and Soda Ash.

17. Rubber Chemicals. 18. Pctro. Chemicals including Synthetic Rubber

19. Pesticides. 20. Paper & Paper Board.

21. Cement,

22. Pulp (Ccllulosic).

303/36^ T HE G A 7 E T TE OF INDIA EXTRAORDINARY [PA*T I—SEC 1]

APPENDIX 22

(para 131 of Chapter VI)

Utilisation report for the half year ending

1. Name and address of the licensee

2. No. and date of the licence 3. Brief description of the goods 4. Total value of the licence: Rs 5. Value of the Goods imported during the half year under report:—

Value in Rs.

Port of clearance

Date of Import 1

3

2

6. Balance value unutilised in the Customs copy of the licence at the end of the half year under report. Rs

7. Details of remittances made against the licence during the half year under report.

8. Unutilised balance in the Exchange Control Copy of the licence at the end of the half year under report. Rs

Date of remittance. Value in /?".

9. Date of expiry of the validity period of the licence including the period of revalidation, if any.

I/We hereby certify that the particulars furnished above are true to the best of my/our knowledge and belief.

Date

,. Signature of the

licensee

[PART I - S EC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/369

APPENDIX 23

Machine Tool Declaration

(Para 165 of Chapter VI)

Nime and address of the Importer: Import Licence No. and date: Cuegory of Importer : Eitaolished Importer/Others: Project:

Quantity

Manufac- turers SI. No.

Co le Ma. (n"t to be filled by the importers)

Value Rs. (CIF)

Sccord hand or new, if second hard approx. age of the ma-

chine

Detailed des- cription of the machire tools with Mikers Name, Model No. and specifications

I

1

6

7

5

4

3

I/We solemnly declare that the ibove "t"tement Is true and correct to the be"t of

my/our knowledge.

Date

Signature

Name

Designation

Address

3O3/37O T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC. I]

APPENDIX 21

Open General Licence No. IV

(para 231 of Chapter X)

GOVERNMENT OF INDIA, M:NISTRY OF COMMERCE AND INDUSTRY, IMPORT. TRADE CONTROL ORDER NO. 2/61, DATED THE 28TH FEBRUARY, 1931 AS AMENDED REGARDING O P EN GENERAL LICENCE N o. IV

The following Open General Licence issued by the Central- Governent under the Imports and Exports (Control) Act, 1947 (XVIII of 1947) in supersession of Open General Licence No. IV published with the Ministry of Commerce and Industry Import Trade Control Order No. 3/58, dated the 31st March, 1958, is publi- shed for general information: —

IMPORT TRADE CONTROL—OPEN GENERAL LICENCE No. IV.

In exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 (XVIII of 1947), as in force in India and as applied to the State of Pondicherry, the Central Government hereby gives general permission for the importation from any country in the world except the Union of South Africa, until further notice, of the following:~

(i) free gifts of books upto the value of Rs. 400 in favour of individuals or institutions;

(ia) free gifts of trade catalogues and circulars upto the value of Rs. 400/-;

(ib) free gifts of books containing technical know how, lite- rature for construction work, and manuals containing manufacturing processes and scientific data by industrial concerns for their own use upto the value of Rs. 400;

(ii) Blueprints and Drawings (including Micro-films which are photographic reductions thereof) relafng to Machi- nery and Plant sites, works and buildings a ni which are supplied free of charge and are of no commercial value; and

(iii) any goods included in Schedule I to the Imports (Control) Order, 1955 and which: —

(A) are bona fide technical and trade samples supplied free of charge, not exceeding Rs. 800 in c.i.f. value in one consignment, or bona fide advertis:ng matter, supplied free of charge not exceed ng Rs. 400 in c.i.f. value in one consignment, excepting "vegetable- seeds" falling under Sr. No. 36 and "new drugs" as- defined in rule 30-A of the Dru^s Rule? 1945, "falling under Sr. Nos. 87 and 109 of Fart IV of the Import Trade Control Schedule:

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/371

Provided that such samples or advertising matter are not sold by the importer; or

(B) are supplied free of charge in replacement of goods previously imported which have been found to be de- fective or otherwise unfit for use, the defect having been noticed and brought to the notice of the Customs authorities before the clearance of the goods from the Customs House, or, in the case of machines or parts thereof covered by a guarantee, the defect is noticed during the guarantee period.

.Provided that—

the shipments of such goods are made within six months from the date of clearance of the previously imported goods from the Customs House or within the guarantee period, in the case of machines or parts thereof, if such period is more than six months, and the following docu- ments ate produced before the Customs authorities: —

(a) original letter from the foreign suppliers stating that such goods are being supplied free of cost;

(b) a survey certificate [issued by Lloyds Agents or any other authorised insurance surveyors or, in the case of machines or parts thereof, a certificate from a qualified engineer, to the effect that the goods were actually re- ceived in defective condition and required replacement; and

(c) in the case of machine or parts thereof, evidence show- ing the period of guarantee given by the foreign manu- facturer or consignor.

This licence is without prejudice to the application to any good3 of any other prohibition or regulation affecting the import that may ibe in force at the time when such goods are imported.

303/372 T HE GAZETTE OF INDIA EXTRAORDINARY [PART J-SEC. 1J

APPENDIX 2b

(Para 253 of Chapter XIII)

FOR CUSTOMS PURPOSES

FOR EXCHANGE CONTROL PURPOSES

LETTER OF AUTHORITY

Subject to the conditions prescribed below M/s

holders of Licence No dated (hereafter referred to as the said LICENSEE) are hereby authorised to permit M/s (Indentor/or Commission Agents/Dealers) on their behalf to import goods and to open letter of credit and make remittance of foreign exchange against the said licence to the extent of Rs. .. quantity of the Roods (description)

as per the said licence.

This letter of authority has been issued subject to the conditions laid down in Chapter XIII of the Import Trade Control Hand Book of Rules and Procedure 1968. This letter of authority is valid from, the date of its issue.

Section Officer/Asstt. Controller for Chief Controller of Imports and Exports.

DATED

FILE NO

This letter of authority is issued subject to the following con- ditions:—

(a) The person or concern in whose favour it hrs been issued will act purely as an Agent of the Licensee and the goods imported will be the property of the licence-holder both at the time of clearance through me customs and sub- sequent thereto. The licence holder will have to ensure that the goods on importation will be delivered to him and shall not be disposed of otherwise. The licensee shall not cause or permit the holder of Letter of Authority to- dispose of the goods.

(b) The holder of the letter of authority shall clearly indicate on all the relevant customs documents including the- Triplicate copy of the Customs Bill of Entry that the-

[PA"T I-SIC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/37J

goods have been imported by him on Lehalf of the licensee. This endorsement will be duly attested by the Customs Authority.

(c) The holder of the Letter of Authority shall not under any circumstances be entitled to any quuta licences on the basis of these imports.

Section Gfficer/Asstt. Controller, for Chief Controller of Imports and Exports,

303/374 T HE G A Z E T TE OF INDIA EXTRAORDINARY [PART I-SEC. 1J

APPENDIX 26

(Para 265 of Chapter XIV)

PASSENGERS (NON-TOURIST) BAGGAGE RULES

CUSTOMS NOTIFICATION NO. 122, D

DEPARTMENT OF REVENUES

(Now Central Board of Excise & Customs)

NOTIFICATION CUSTOMS

In exercise of the powers conferred by section 75 of the Sen Customs Act. I87S (S of 1878), as in force in India and as applied to the State of Pondichcrry, the Central Board of Exc;se and Customs hereby makes the following rules for passing free of import duty baggage landed at Customs stations by passengers from foreign ports, other than those in Ceylon or Pakistan namely:—

(1) These rules may be called the Passengers (Non-Tourist) Baggage Rules, 1960.

(2) They shall come into force on the 1st January, 1961.

(3) They shall not apply to those passengers to whom the Tourist Baggage Rules, 1 y58, apply.

2. The Bona fide baggage of a passenger may be exempted from Customs duty upto the extent specified in these rules where such baggage accom- panies the passenger, docs not form part of the cargo, is not included in the manifest and, unless the proper officer of Customs in any case other- wise directs, is declared in the proper form.

3. In the case of a husband and wife travelling together, separate allowances upto the extent specified in these rules may be admitted.

4. (1) The used personal wearing apparel of a passenger, and other articles in the immediate personal use of the passenger, may be allowed free of duty, provided that they are his property, were in his possession abroad, and are imported by him for his own personal use and not for sale, exchange or gift.

Explanation,—"Articles in the immediate personal use of the passenjer"* means articles which are worn by the person, such as spectacles, hearing aides, and dentures, but shall not include wrist watches and jewellery.

(2) Such instruments, apparatus or appliances, as are specially designed for use in the profession or calling followed by a passenger and which any person following the same profession or calling would usually carry with bini in his professional tour when imported by the passenger as part of his

[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/375

APPENDIX 26—conid.

ibona fide baggage may be allowed to be imported free of import duty levi- able thereon: —

Provided that the instruments, apparatus or appliances:—

(i) have been actually used by the passenger before the importation thereof; and

(ii) shall not be sold, exchanged or given away as gift after the importation thereof.

5. In addition to the articles specified in rule 4, a passenger may also be allowed to import free of duty, at the discretion of the proper officer, articles not exceeding rupees eight hundred in value, provided that the articles are not imported for sale or exchange and are such as could reason- ably be treated as baggage or are of a kind normally used for making gifts or souvenirs. In the case of passenger who is coming or returning to India after a stay of not less than 3 months abroad, the value of the articles which can be passed under this rules may be increased by rupees one hundred and sixty for each complete month in excess of 3 months, subject to a maximum of rupees one thousand and six hundred in all. A passenger shall not be permitted under this rule to import without payment of duty a large number of units of the same article, even though their total value may be within the free allowance.

Notwithstanding anything contained in the first paragraph of this rule, a passenger, who visits foreign countries more than once in the same calendar year, may be allowed on the second and subsequent occasions only one-half of the allowance admissible under that paragraph.

The full free allowance under this Tule is not admissible to children or to passengers under eighteen years of age. The proper officer may, how- ever, in his discretion, allow to such a child or passenger articles not exceeding one-fourth of that admissible to an adult passenger coming after the same period abroad.

6. Jewellery in the actual use of a passenger may be allowed free of duty, subject to the following conditions:-—

(a) The jewellery is the property of the passenger, was in his pos- session and use abroad, is imported by him for his own per- sonal use and not for sale, exchange or gift, and will be re-ex- ported with the passenger if he is a temporary visitor to India.

(b) The passenger is coming to Tndia after being abroad for at least one year;

(c) The value of the jewellery does not exceed Rs. 3,200/-:

Provided that the proper Customs Officer may, where he is satis- fied by reason of the status of a Passenger, allow bona fide jewellery in use exceeding Rs. 3,200|- in value to a passenger who is a tem- porary visitor to India, on taking such steps as he considers

49 G. of I. Ex.—26

303/376 T HE GAZETTE OF INDIA liXTRAORDINARY [FAIT I-SEO. If

APPENDIX 26—contd.

necessary to ensure that the jewellery will be re-exported with the passenger:

Provided further that the proper Customs Office may allow free' of duty any bona fide personal jewellery in use, on being satisfied that it was taken out of India by a passenger not more than 3 years- previously, and that the jewellery was and continues to be the property of the said passenger.

NOTE 1.—For the purposes of this rule, the term jewellery shall Include not more than one watch, which should be in actual use.

NOTE 2.—The value limits specified in this and the preceding, Rule have reference to the real value of the goods under the Sea Customs Act, 1878.

7. (1) Notwithstanding anything contained in Rule 2, bona fide baggage of a passenger landed at any Customs port within two months before or after his arrival in India may be passed, at the discretion of the Customs Collector, subject to the conditions and limits laid down in rules 4 to 6.

(2) The period of two months referred to in sub-rule (1) may be extended by the Customs Collector upto a period of 4 months and by the Central Board of Excise and Customs beyond a period of 4 months, it the Customs Collector or the Board, as the case may be, is satisfied that the failure to import the baggage within the time limit was due to circumstances beyond the passenger's control and that the goods were the property of, and in the possession of the passenger abroad before he left for India.

8. (1) Notwithstanding anything to the contrary in these rulesr bona fide baggage shall include:

(a) the personal effects of a passenger who dies on the way to India, and

lb) article imported by a passenger and proved to the satis- faction of the Customs Collector to have belonged to his or her deceased spouse or other deceased member of the family.

Provided that the effects or articles are such as would have been passed free if the deceased person had been a passenger and they had accompanied that person: —

Provided further that the importation takes place within two.

months of the death of the owner.

(2) The period of two months referred to in sub-rule (1) may- be extended by the Customs Collector upto a period of four months and by the Central Board of Excise and Customs beyond a period of four months, if the Customs Collector or the Board as the case may be is satisfied that the failure to import the baggage within the time limits was due to circumstances beyond the control of the importer.

[PA*T I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/377

APPENDIX 26—contd.

9. The Baggage Rules published with the Notification of the Central Board of Revenue No. 296-Customs, dated the 3rd December, 1957, are hereby repealed. No. 122/F. No. 5/1/60-Cus. VI.

No. 21F. No. 5/54/62-Cus. VI. No. 84/F. No. 5/7/65-Cus. VI. No. 113/F. No. 5/25/66-Cus. VI. No. 151/F. No. 5/32/66-Cus. VI. No. 57/F. No. 5/31/67-Cus. VI.

GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY IMPORT TRADE CONTROL PUBLIC NOTICE NO. l-ITC(PN)/6l New Delhi, the 2nd January, 1961.

(as amended)

SUBJECT:—Import of goods as personal baggage under the Baggage

Rules.

Attention is invited to the Central Board of Revenue Notification No. 122 dated the 19th November, 1960 in which the baggage rules for import of goods by passengers from foreign ports other than those in Portuguese Possessions in India or in Ceylon or Pakistan have been announced.

2. Under Rule 5 of the said Baggage Rules a passenger may be allowed to import free of duty, at the discretion of the proper Customs Officer such articles as could reasonably be treated as baggage or are of a kind normally used for making gifts or as souve- nirs upto Rs. 800/- (Eight hundred) upto stay of 3 months abroad. This limit may be increased if the stay of a passenger exceeds 3 months by Rs. 160/- (One hundred sixty) for each additional com- plete month subject to a maximum of Rs. 1600/- (one thousand six hundred) in all, upto a stay of 8 months abroad. Tho said Rule 5 further lays down that the passenger shall not be permitted under the rule to import without payment of duty a large number of the same type of the articles even though their value may be within the free allowance. No import licence will be required for the import of the articles within the above limits. A passenger who visits foreign countries more than once in the same calendar year, may be allowed on the second and subsequent occasions only one-half of the above allowance. The full free allowance under this rule Is not admissible to children or to passengers under eighteen years of age. The appropriate customs authority may however, in his discretion, allow to such a child or passenger articles not exceeding one-fourth of that admissible to an adult passenger coming after the same period abroad.

3. It has now been decided that passengers who stay out of India continuously for 9 months or more may be allowed to import goods upto an additional value of Rs. 800/- provided those articles are bona fide baggage and of the type mentioned in Rule 5 of the said

303/378 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SKC. 1]

APPENDIX 26—contd.

Baggage Rules without an import licence but on payment of cus- toms duties.

4. The clearance of one dog and other domestic pets like cats and birds in a limited number (excluding cattle horses, elephants, rhinos, camels, donkeys, mules and the like) may be allowed without import trade control restrictions on furnishing the following health certifi- cates to the Customs authorities: —

(i) A health certificate from a Veterinary Officer authorised to issue a valid certificate by the Government in the coun- try of export to the effect that the dog imported is free from Aujossky's disease, Distemper, Rabies, LeishmaniasiB and Leptospiresis and in the case of cats from Rabies and Distemper.

<,ii) In the case of import of dogs and cats orginating from countries where Rabies infection is known to exist, a health certificate contaimr;^ a record of vaccination, the vaccine used, brew us the vaccine and the name of the production laboratory and to the effect that the dog/cat was vaccinated against Rabies more thnn one month, but within 12 months prior to actual t mbarkation with nervous tissue vaccine or within 36 months prior to actual embarkation with chicken embryo vaccine, both vaccines having previously passed satisfactory potency tests.

(iii) In the case of parrots, a certificate to the effect that the parrots were subjected to a compliment fixation test for Psittaoosis with negative results within 30 days prior to actual embarkation.

5. The certificates referred to above should be granted within 30 days prior to the date of embarkation of the dog etc.

6. Public Notice No. 83-ITC(PN)/58 of 15th October, 1953 is hereby cancelled.

NOTICE RELATING TO PASSENGERS (NON-TOURIST) BAGGAGE RULES. 1960

This Notice explains the Baggage Rules which will apply to passengers coming or returning to India from 1st January, 1961. Tourists (that is, persons who ordinarily live abroad, and are coming to India for a short stay for pleasure etc.) will be governed by a different set of rules.

2, Under these Rules, a special provision has been made for a few new articles which may be brought as gifts for other persons or as souvenirs (see para 5 below). Excepting for such articles, the exemptions under the rules are admissible only for genuine personal effects of the passenger, which must have been in his use and pos- session abroad. No exemption can be given for any articles whiclj are Intended to be sold or exchanged.

3. The personal clothing which is in the actual use of a passenger will be passed free of duty. Similarly, articles like spectacles.

[PART I-SFC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/379

APPENDIX 26—contd.

hearing aids and artificial teeth, which are habitually worn by persons who are in need of them, will be passed free of duty. For these articles no value limit has been laid down. (This provision will not apply to watches and jewellery for which there is a value limit).

4. Jewellery of a value upto Rs. 3,200/-, can be passed free subject to the following important conditions: —

(i) The jewellery must be in the actual use of the passenger. The purchase receipts for the jewellery, where available, should preferably be brought by the passenger.

(ii) The passenger must have been out of India for at least one year-

(iii) No exemption is allowed for jewellery brought for sale, exchange or gift. If the passenger is due to return out of India, he must take all the jewellery back with him.

(iv) No Reserve Bank permit is required for the jewellery brought and passed under the Baggage Rules. However, where jewellery in excess of Rs, 3,200/- is to be taken out of India, a permit from the Reserve Bank will be required. A temporary visitor is not required to take a Reserve Bank permit for the jewellery brought by him or for its subsequent re-export out of India.

(v) Crude jewellery made mainly or wholly of gold will not be passed as baggage but will be treated as gold bullion, the import of which is not allowed without a special permit from the Reserve Bank of India.

N.B.— (a) A passenger returning to India after less than one year abroad, can bring back free of duty any jewellery belonging to him which he had taken out of India. In order that passengers may not find it difficult to satisfy the Customs Officers in such cases, they should invariably obtain export certificates for the jewellery at the time of leaving India, unless the jewellery is of small value, i.e. less than Rs. 1,600/- in the case of ladies and Rs. 800/- in the case of men.

(b) One wrist watch, in the actual use of the passenger will be treated as jewellery and will be included in the value limits indicated above.

5. In addition, a passenger can also be allowed free of duty other articles to a limit of Rs. 800/- in value. Such articles should not be imported for sale or exchange, but should be in the nature of bag- gage or gifts or souvenirs. This concession will be allowed only at the discretion of the Customs authorities, and will be refused if from the nature or quantity of the articles brought it appears that these conditions are not fulfilled. A passenger shall not be permitted under this rule to import without payment of duty a large number of units of the same article, even though their total value may be within the free allowance.

3o3/38o T HE GAZETTE OF INDIA EXTRAORDINARY [PART I - S I C. 1]

APPENDIX 26—contd.

N.B.—(i) Where a passenger is coming or returning to India after at least three months stay abroad, the value of Rs. 800 mentioned above may be increased according to the scale shown below:—

Less than 4 months 4 5 6 7 8

months or more but less than 5 months .. months or more but less than 6 months .. months or more but less than 7 months .. months or more but less than 0 months . . months or more

Rs. 800 Rs. 960 Rs. 1,120 Rs. 1,280 Rs. 1,440 Rs. 1,600

(ii) Notwithstanding anything contained in the first paragraph of this rule, a passenger, who visits foreign countries more than once in the same calender year, may be allowed on the second and subse- quent occasions only one half of the allowance admissible under that paragraph.

Articles like refrigerators, airconditioners, typewriters, radio- grams or record players, whether new or used, which fall within the prescribed value limit will be passed without a licence. Duty will, however, be charged if tlhe value of an individual article exceeds above limits. Motor cycles and scooters can also be imported without an ITC licence if their value falls within the above value limits. Duty will, however, be charged on all motor vehicles including motor cycles and scooters irrespective of their value.

6. The values mentioned in paragraphs 4 and 5 above are the "real values" under the Sea Customs Act and not the market values In India. The real value will ordinarily be approximately equal to the retail price of the article abroad, provided it is the proper price and not a specially reduced one.

7. The allowances mentioned in paragraph 5 above will not automatically apply to children or to any passenger who is less than 18 years of age. Customs officers may, however, allow to such a child or juvenile passenger articles of the kind described in that paragraph, upto a maximum value of one fourth of the limit which applies to an adult passenger coming after the same period abroad. The other conditions laid down in paragraph 5 will continue to apply.

8. Articles which are free of duty as baggage do not require an Import licence. Articles of the nature described in paragraph 5 above, which are charged to duty will also be exempted from import licence, provided the total value of all such articles, including those which are passed free of duty, does not exceed the prescribed value limit. In addition, passengers who have stayed out of India for 9 months or more, may be allowed to import on payment of duty, but without an import licence, articles of bona fide baggage upto an addi- tional value of Rs, 800/-. Where the Customs authorities decide that the articles are not bona fide baggage or where the goods are in excess of the value limits, an import licence will be necessary. Import licences are not ordinarily issued In such cases, and therefore, passengers bringing such goods will render themselves liable to appropriate action for breach of the regulations.

([PART I-SEC. ]] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/38l

APPENDIX 26—contd.

9. Under the foreign Exchange Regulations, a passenger cannot bring into India Indian currency.

Foreign currency may be brought in without limit, but the passenger should make out a written declaration in a form which will be .furnished by the Customs authorities. Since it is not possible to give in this notice full details of the rules applicable to the Importa- tion of currency, passengers are requested to inform themselves in advance, by a reference to the Reserve Bank authorities, travel Agents, Tourist Officers or Indian Missions abroad, of the particular regulations applicable in their case.

Special Advice to Outgoing Passengers

Passengers going out of India and taking costly articles belonging to them such a.s cameras, binoculars, or type-writers etc. should declare such articles before the Customs Officer and obtain an 'export certificate'. No customs duty will be charged on these articles if they are brought back within 3 years, and their ownership has remained unchanged.

Sd/- S. VENKATESAN,

Secretary,

Central Board of Revenue.

TOURIST BAGGAGE RULES [CUSTOMS NOTIFICATION NO 225, DATED THE 3RD AUGUST 1958 PUBLISHED IN PART II, SECTION 3(11) OF THE GAZETTE OF INDIA (EXTRAORDINARY), DATED THE 3RD AUGUST, 1958. AS AMENDED BY CUSTOMS NOTIFICATION NO. 22 OF 2ND FEBRUARY 1963, AND PUBLISHED IN THE GAZETTE OF INDIA ON 2ND FEBRUARY, 1963, AND NOTIFICATION NO. 114—CUS- TOMS DATED THE 8TH JUNE, 19661.

CENTRAL BOARD OF REVENUE

In exercise of the powers conferred by section 75 of the Sea Customs Act, 1878 (8 of 1878) as in force in India, the Central Board of Revenue herebv makes the following rules for passing free ot lmoort dutv baggage landed at Customs Sea Ports by tourists from foreign ports, namely: —

1. Short title, commencement and application.—(1) These rules may be called the Tourist Baggage Rules, 1958.

(2) They shall come into foi-ce on the 3rd August, 1958.

(3) These rules shall not apply to persons coming from Pakistan,

2. Interpretation.—For the purpose of these rule?, the term 'tourist' means any person not normally resident in India, who enters India for a stay of not less than twenty-four hours and not more than six months in the course of any twelve months period, for legitimate non-immigrant purposes, such' as touring, recreation, sports, health, family reasons, study, religious pilgrimages or business.

303/3.82 i HE GAZETTE OF INDIA EX1RAORDINARY [PART I—SEC. 1]

APPENDIX 26—could.

3. Exemption from Customs Duty for personal effects imported temporarily.—(1) Subject to the other conditions laid down in these rules, the personal effects imported by a tourist shall be allowed to be imported temporarily free of import duty, provided that they are for the personal use of the tourist, are carried on the person of or in the luggage accompanying the tourist, that there is no reason to fear abuse, and that these personal effects are re-exported by the tourist on his leaving India for a foreign destination.

Explanation.—The term "personal clrecls" means all clothing and other articles new or used which a tourist may personally and reasonably require, taking into account all the circumstances of his visit, but ex- cluding all merchandise imported for commercial purposes, and includes—

(i) Personal jewellery; (ii) one camera with twelve plates or five, rolls of film; (iii) one miniature cinematograph camera with two reels of film; (iv) one pair of binoculars; (v) one portable musical instrument; (vi) one portable gramophone with ten records; (vii) one portable sound-recording apparatus; (viii) one portable, wireless receiving set;

f

(ix) one portable typewriter; (x) one perambulator;

(xi) one tent and other camping equipment; (xii) s'ports equipment such as one fishing out-fit, one sporting firearm with fifty cartridges, one non-powered bicycle, one canoe or ka'yac less than 5-1/2 metres long, one pair of skis, two tennis rackets.

(2) Subject to all the conditions specified in sub-rule (1), such instruments, apparatus or appliances, as are specially designed for use in the profession or calling followed by the tourist and which any person following the same profession or calling would usually carry with him in his professional tour, may be allowed to be imported temporarily free of import duty leviable thereon.

NOTE.—The instruments, apparatus or appliances must have been actually used by the tourist before the importation thereof.

(3) Subject to the other conditions laid down in these rules, a tourist shall be allowed to import free of customs duty the following articles for his personal use, provided that these articles are carried on the person of or in the hand luggage accompanying the tourist, and there is no reason to fear abuse:—

(i) cigarettes 200, cigars 50. Tobacco 250 grammes;

(ii) one regular size bottle of wine and one quarter litre of.

spirits;

|TAKI 1-hLC. ]J 1 HE CA/ETTE OF INDIA l'.\TRAORDINARY 3o3/38S

APPENDIX 26—ccmtd.

(iii) one-quarter litre of toilet water, a small quantity of per- fume, and medicines in reasonable quantities.

4. Exemption from Customs Duly for travel souvenirs imported temporarily.—In addition to the articles specified in rule 3, a tourist piay also be allowed to import temporarily free of customs duty travel souvenirs for a total value not exceeding Rs. 800/- provided that such souvenirs are carried on the person of or in the luggage accompanying the tourist, they are not intended for commercial pur- poses, and they are re-exported oy the tourist on his leaving India •lor a foreign destination.

5. Undertaking to be given to Customs Authorities in certain cases.—(1) Notwithstanding the provisions of rules 3 and 4, no article of a high value such as sound-recording apparatus, wireless receiving sets, and the like shall be passed free of customs duty unless the tourist gives an undertaking in writing to the Customs Collector tcr re-export it out of India on his leaving India for a foreign destination or, on his failure to so re-export to pay up the customs duty leviable thereon.

(2) Every tourist shall be given on arrival and after the exami- nation of his baggage, a list of articles of high value brought by him signed by the Customs Officer who examines his baggage. If no such article of high value is imported, a nil list, similarly signed shall be given. Unless the list is produced by the tourist to the Customs Officer at the time of examination of his baggage on his departure from India for a foreign destination along with the articles, if any listed therein, his baggage may not be allowed clearance through the Customs for export.

6. Provision regarding unaccompanied baggage.—Notwithstanding anything to the contrary in the foregoing rules, bona fide baggage and goods eligible for the concessions under the foregoing provisions and landed at any Customs port within two months before or after the arrival of the tourist in India, may be passed subject to the con- dition applicable to baggage accompanying a tourist, provided the Customs Collector is satisfied that they could not be brought along with the tourist due to reasons entirely beyond his control,

7. Refusal of exemption in certain case.—Notwithstanding any- thing contained in these rules, the Customs Collector may refuse to a tourist exemptions granted by these rules in any of the following cases namely: —

(a) When the total quantity of a commodity imported by a tourist exceeds substantially the limit laid down in these rules;

(b) where the tourist enters more than once a month.

(c) where the tourist is under 17 years of age.

3o3/384 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I-SIC. 1]

APPENDIX 26—contd.

8. The Tourist Baggage Rules, 1957, and the rules published with the Central Board of Revenue Notification No. 31-Customs, dated the 30th August, 1930, as amended from time to time (for passing free of import duty baggage landed at Customs ports by passengers from foreign ports in Ceylon) in so far as these latter rules relate to matters covered by these rules, are hereby repealed except as respects things done or omitted to be done.

Sd./- M. A. RANGASWAMY,

Secretary, Central Board of Revenue

:No. 225/9/8/57-Cus. VI

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(Department of Revenue and Insurance)

New Delhi, the 27th Maij, 1967

6th Jyaistha 1889 (Saka)

NOTIFICATION

CUSTOMS

In exercise of the powers conferred by sub-section (2) of Section 79 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules for passing free of imports duty, baggage landed at Customs Ports or Air Ports by mem- bers of crew engaged in foreign-going vessels, namely:

1. Short title and commencement.—(I) These rules may be called the Crew Baggage Rules, 1967.

(2) They shall come into force on 1st June, 1967.

2. Application.—These rules shall aply in respect of baggage of members of the crew engaged in foreign-going vessels other than those vessels for the time being engaged in the carriage of goods passengers between a port in India and a port of Pakistan, Ceylon, Burma, Malaysia or Singapore and at the time of the termination of such engagement.

3. Bona fide baggage exempted from duty.—The bona fide baggage of a member of the crew may be exempted from Customs duty upto the extent specified in these rules, where such baggage accompanies the member, does not form part of cargo, is declared in the "private property list" of the vessels, and, unless the proper officer of cus- toms in any case otherwise directs, is declared in the proper form.

4. Used personal wearing apparel etc., exempted from duty.—The used personal wearing apparel of a member of the crew and other articles in the immediate personal use of the member may be allow- ed free of duty provided that they are his property, were in his possession on board the vessel, and are imported by him for his personal use and nrt for sale, exchange or gift.

{[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/385

APPENDIX 20—contd.

Explanation,—"Articles in the immediate personal use of the .member" means articles which are worn by the person such as spectacles, hearing aids and dentures, but shall not include wrist •watches and jewellery.

5. Additional articles exempted from duty.—(1) In addition to the articles in his immediate personal use, a member of the crew may be allowed to import free of duty, at the discretion of the pro- per officer, articles not exceeding Rs. 800/- in value provided that the articles are not imported for sale or exchange and are such as could reasonably be treated as baggage or are of a kind normally used for making gifts or souvenirs.

(2) In the case of a member of the crew whose engagement is terminated after a stay not less than three months on board the foreign-going vessels, the value of the articles which can be passed under this rule may be increased by Rs. 160/- for each completed month in excess of three months' stay subject to a maximum of Rs. 1,600/- in all.

(3) No person shall be permitted under this rule to import with- out payment of duty a large number of units of the same article even though their total value may be within the free allowance under these rules.

(4) Notwithstanding anything contained in sub-rule (1) or sub- rule (2), a member of the crew who claims any allowance under these rules more than once in the same calendar year, the allowance on the second and on every subsequent occasion shall be restricted to one half of the allowance that would be admissible to him under these rules, if the claim had been the first to be made in that year.

6. Personal effects of a deceased member of crew treated as bona fide baggage.—Notwithstanding anything to the contrary in these rules, bona fide baggage shall include the personal effects of a mem- ber of the crew who dies on board the vessel, provided that the •< effects or articles are such as would have been passed free if the ^deceased had been a member of the crew and his engagement has tbeen terminated in the normal course.

No. 56. No. 5/61/66-CUS.-VI.

Sd/<- D. N. LAL,

Deputy Secretary to the Government of India.

503/385 THE GAZETTE O¥ INI'MA EXTRAORDINARY [FART I-SEC. 1J

APPENDIX 27

(Reference para 265 of Chapter XIV)

import of built-up cars, station wagons, jeeps, motor cycles, scootert.

auto cycles, mini cars, mopeds.

Indian nationals returning to India for permanent settlement.

1. Applications for the grant of Customs Clearance Permits arc considered from Indian nationals returning to India for permanent settlement in this country, provided they fulfil the following condi- tions:—

(i) The period of continuous stay of the applicant abroad is not less than one year.

(ii) The car etc. sought to be imported has been in possession and use of the applicant for a period of not less than 3 months prior to his departure for India.

(iii) The car etc. to be imported has been purchased by the ap- plicant out of his own earnings'abroad.

(iv) The applicant has not drawn any foreign exchange fromi India for a period of two years preceding the date of his- departure for India.

2. Applications for Customs Clearance Permits should be made to the Chief Controller of Imports & Exports New Delhi in the appli- cation form given in Annexure I. It should be supported by the necessary documentary evidence and a treasury challan for Rs. 50/- towards application fees on the value applied for. The applicant should produce the following documents: —

(i) An affidavit duly counter-signed by a representative of the Government of India or Indian Embassy or India's High Commission abroad or a certificate issued by any of these authorities to show that the applicant is returning to India for permanent settlement. In the case of persons returning from the United Kingdom, an affidavit duly counter-signed by a Notary Public will also be accepted.

(ii) Photostat copies of the purchase invoice and the registra- tion certificate of the car etc. to be imported.

(ill) Statement of earnings abroad duly certified by the emp- loyer^) or income-tax returns.

3. Conditions applicable to Customs Clearance Permits.

(1) The Customs Clearance Permits issued in terms of these pro- visions will be subject to the following conditions inter alia: —

(i) The licensee shall not sell, pledge, mortgage, hypothecate- or part with possession of the car except with the prior

,[PART I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/387

APPENDIX 27—contd.

permission of the licensing authority in writing. The sale, ii permitted, shall be effected by the licensee 10 such person or agency, within such time, at such price, and in such manner as may be specified by the licensing authority.

NOTE.—In case of motor cycles, scooters, auto cycles and moped, the period of "no sale" will be five years from the date of importation into India.

{ii) The licensee shall produce evidence to show that the car etc. is in his possession and ownership, whenever such evidence is demanded by the Chief Controller of Imports & Exports or any other licensing authority.

(iii) Before the clearance of the car, etc., the licensee shall execute a bond with the Joint/Deputy Chief Controller of Imports & Exports at the port of importation, in the form prescribed by the licensing authority, undertaking to fulfil the conditions imposed on the C.C.P. The bond shall be supported by a guarantee of a scheduled bank or an insurance company for an amount equal to the c.i.f. value of the car etc. The bond shall be valid for a period of five years initially and the licensee shall undertake to get it renewed for such further period as the licensing authority may require.

(2) The bond for the: fulfilment of the conditions imposed on the 'CCP should be executed by the licensee in the form given in Anne- xure II.

Foreign Nationals coming to India for an assignment for a minimum

period of one year.

4. Applications for the grant of Customs Clearance Permits are Considered from foreign nationals coming to India for taking up an assignment for a minimum period of one year, provided the car etc. sought to be Imported has bien in the ownership and use of the •applicant, or his wife, or her husband, as the case may be, prior to his/her departure for India. In either case, however, if the import is allowed, the car etc. on its arrival in India, will have to be regis- tered in the name of the applicant.

5 (i) Applications for the grant of Customs Clearance Permits should be made to the Chief Controller of Imports & Exports, New Delhi, through the employer in India with whom the applicant is taking up an assignment. The application should be made in the form given in Annexure i n. It should be supported by photostat copies of the purchase invoice and the registration certificate per- taining to the car etc. to be imported and a treasury challan for Rs. 50/- towards application fees on the value applied for. While for- warding the application to the Chief Controller of imports Si Exports, New Delhi, the employer concerned should append a certificate indi- cating the particulars and the period of assignment offered to the applicant in India.

303/388 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1J

APPENDIX 27—contd.

5. (ii) In the case of accredited journalists or correspondents, the1;

applications for Customs Clearance Permits should be made direct to the Chief Controller of Imports & Exports, New Delhi, and it should also be supported by a letter, in original from their prlncipals- to the effect that the applicant is their accredited correspondent.

6. Conditions applicable to C.CPs.—

(1) The Customs Clearance Permits issued to foreign national* under these provisions will be subject to the following conditions inter alia: —

(i) The car etc. shall be re-exported when the importer leaves India or when it is no longer required. While in India, the importer shall not sell, pledge, mortgage, hypothecate or part with the possession of the car without the prior permission of the licensing authority in writing,

(ii) The importer shall produce evidence to show that the car is in his possession and ownership, whenever such evi- dence is demanded by the Chief Controller of Imports & Exports, New Delhi or any other licensing authority.

(iii) Before the clearance of the car, etc., the licensee shall execute a bond with the Joint/Deputy Chief Controller of Imports & Exports at the port of importation, in the form prescribed by the licensing authority undertaking to ful- fil the conditions imposed on the C.C.P. The bond shall be supported by a guarantee of a scheduled bank or an insurance company for an amount equal to the c.i.f. value of the car etc. The bond shall be valid for a period of five years initially and the licensee shall undertake to get it renewed for such further period as the licensing authority may require.

(iv) Notwithstanding what has been stated in (i) above the licensee will also have the option to sel] the car etc. in India to another foreign national, provided (a) the buyer is eligible to the import of a car etc. under these provisions, (b) the price of the car etc. is paid by the buyer from his personal funds abroad without in any way, involving re- mittance of foreign exchange from India and (c) the buyer undertakes to abide by the same condition subject to which the import has been allowed. The buyer shall be required to execute a bond undertaking to fill the conditions with the same licensing authority and in the same manner as the bond executed by the original im- porter. The bond should also be counter-signed by the emp- loyer with whom the buyer is employed (This facility of transfer will also be available to the first transferee and subsequent transferees, and the concerned port; licensing authorities may directy be approached for thift. purpose.)

[F^RT 1-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/389-

APPENDIX 27—contd.

(2) The bond for the fulfilment of the conditions imposed on the Customs Clearance Permit should be executed In the form given in Annexure II.

(3) In the case of foreign expert coming to India under various Aid Programmes, the applicant will be required to give an under- taking for the fulfilment of conditions of the C.C.P., in lieu of the bond referred to above. The undertaking should be duly counter- signed by a Diplomatic or Trade Representative in India of the foreign country concerned.

(4) In the case of non-diplomatic and home-based staff of foreign Diplomatic/Consular/Trade Missions in India also, the applicant should give an undertaking for the fulfilment of the conditions of the C.C.P., m lieu of the bond referred to above. The undertak- ing should be duly guaranteed by the Head of the Mission concerned.

Banks, Companies and Institutions incorporated abroad.

7. Applications for the grant of customs clearance permits for the import of built-up cars or station-wagons are considered from Banks, Companies or Institutions incorporated abroad and operating through Branches in India, provided the applicant pays the customs duty leviable thereon in foreign exchange. Applications will ordi- narily be considered for the import of one car or station-wagon only, or at the most for two depending upon the number of the Branches, A relaxation may, however, be made in the case of Air- way Companies in consultation with the Department of Civil Avia- tion, Government of India, New Delhi.

8. Applications for customs clearance permits in such cases should be made to the Chief Controller of Imports & Exports, New Delhi, in the form given in Annexure IV. It should be supported by necessary documentary evidence and a Treasury Challan for Es. 50/- towards the payment of application fees on the value ap- plied for. If the application is for the import of more than one car or station-wagon and the value applied for exceeds Rs. 50,000/-, the amount of application fee should be, in accordance with the pres- cribed schedule of fees. The applicant should produce the follow- ing documentry evidence: —

(1) Photostat copy of the purchase invoice pertaining to the car etc. sought to be imported; and

(ii) A letter from the Principal abroad to the effect that the car etc. will be or has been paid for from the Principal's own resources abroad and will not involve any remittance from India and that the customs duty in respect of the car etc. to be imported will be paid in foreign exchange.

9. Conditions applicable to C.C.Ps,—The conditions applicable to the C.C.Ps. issued to foreign nationals, as stated in sub-paragraph

3o3/3qo THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEO. 1]

APPENDIX 27—contd.

45(1) will also be applicable to the C.CPs. issued to banks or com- panies or institutions under these provisions, subject to such modi- fications as may be necessary in the circumstances of the case.

10. Cases not covered by the above provisions will be dealt with in accordance with the rules and regulations in force from time to time.

IPA"I 1-me. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3o3/39I

ANNEXURE I TO APPENDIX 27

Application form for an Import Trade Control Licence to Import a Built-up Car, Station Wagon, Jeep, Mini Car or Motor CycU, Scooter, Auto Cycle by an Indian National returning to Lodi* for permanent settlement.

1. Name of the applicant 2. Nationality. 3. Designation. 4. Full address abroad. 0. Full address In India. H, Purpose of visit abroad. 7. Duration of stay abroad.

•8. Proposed date of leaving for India and

arrival in India.

9 Likely period of stay in India.

10. Make and model of the vehicle with c.i.f.

value.

41. Date of purchase.

(In the case of vehicles acquired on hire purchase, the date of final acquisition of the vehicle.)

U. Date of registration and period of owner-

ship and use.

13. Manner in which foreign, exchange was

found for purchase of vehicle.

14. Foreign exchange taken/drawn under permission from Reserve Bank of India with actual date of drawal for purchase of car or otherwise.

(a) Basic quota: —

(b) Special quota: —

IB. Total amount of foreign exchange remit-

ted to India, If any, with details.

I* Purpose for which the car was needed

abroad and is needed in India.

17. Whether applicant, his wife/husband or dependents has already imported a car etc. into India during preceding ten years. If •o, give particulars of the car etc., and Import licence number and date.

t i. Whether an application for import of car etc., was made previously and if so, with what result? C.C.I. &E's REFE-

RENCE should be quoted.

•49 O. of I. Ex.—27

393/392 THE GAZETTE OF INDIA EXTRAORDINARY \TAKT 1-3*3. 1J

It. Whether a treasury receipt for the requisite •mount as application fee is enclosed? Indicate amount.

N. Proposed date of shipment of car and the

port of disembarkation.

H. Document* to be enclosed to the applica-

tion.

(a) Photostat copy of the purchase invoice/

receipt.

(b) Photostat copy of the registration

certificate.

(c) Statement of earnings abroad duly

certified by the employers or bankers.

(d) Bankers certificate of repatriation of foreign exchange from abroad, if any.

(e) An affidavit on a stamped paper about returning to India for permanent settle-

ment duly counter-signed by a High

Commission or Embassy of India or a Notary Public in India.

(f) A treasury receipt for the requisite

amount. I/We hereby declare that the above statements are correct I/We fully understand that any licence granted to me/u" on the basis of the statements furnished is liable to cancel- lation without prejudice to any other action that may br taken under the law, if it is found that any of the itat" ments or part thereof is incorrect.

(Signature)

Place & Date.

\PAXI I - S ic i] THE GAZETTE OF INDIA EXTRAORDINARY 303/393

ANNEXURE II TO APPENDIX 27

8PECIMEN BOND FORM TO BE EXECUTED BY IMPORTERS OF

CARS ETC. AS PERSONAL BAGGAGE

KNOW ALL MEN BY THESE PRESENTS that We (1) of

(hereinafter called 'the importer1 which expression shall where the context so admits include hi"/j their/reapective heirs, executors, administrators and legal represen- tatives successors and permitted assigns) and (2) of (hereinafter called 'the surety' which expression "hall where the context so admits include his/their respective heirii executors, administrators and legal representatives/successors and permitted assigns) are held and firmly bound jointly and severally (into the President of India to pay to the President of India through the Joint/Deputy Chief Controller of Imports and Exports (or the time being on demand and without demur the sum oJ Ela. . . . . - - ,. for which payment will and truly to be mad* ve bind ourselves firmly by theee presents.

Dated this the day of 196 . WhereM the Joint/Deputy Chief Controller of Imports & Exports, Govern- ment of India, (hereinafter referred to as th" laid Joint/Dy. Chief Controller of Imports & Exports which expre*- lion shall include the person for the time being performing the duties of the Joint/Dy. Chief Controller of Imports & Exports..-.. , ) has permitted clearance of more hilly described in the Schedule hereunder written imported in India by the importer.

Now the conditions of the above written bond are such that:—t

1. II the said importer re-exports the said car at the time of hi* iep"rture from the country.

and 2. If the said importer shall not sell, pledge, mortgage, hypothe- ;*te or part with the possession of the said car or otherwise dispose if the car,

then the above written bond shall be void and of no effect otherwise ihe same shall be and remain in full force and virtue. And it il hereby fully agreed and declared between the parties as follows: —

[&) That the above written bond shall remain in full force and effect for a period of years from the date of importa- tion of the said • -and shall be deemed to be renewed for luch further period as the Joint/Dy. Chief Controller of Import! fc Exports may require before the expiry of the said period;

(b) Any forbearance act or omission on the part of the President <*f India to enforce the bond against the importer (whether with or without the knowledge or consent of the surety) shall not in any way release the said surety from his liability under the abov* written bond;

303/394 T HE GAZETTE OF INDIA EXTRAORDINARY [PAKT I—SWV 1J,

(c) That this bond Is entered into under the orders of the Central

Government for the performance of an act in which the public art

Interested;

(d) The Importer shall produce evidence that the car is In hi*

possession and ownership whenever demanded by the Chief Con-

troller of Imports and Exports or any licensing authority; and

(e) any breach of terms and conditions of this bond will render

the importer liable to penalties as provided under the Import!

(Control) Order, 1955 over and above his liability for payment of

the amount of the bond.

SCHEDULE OF GOODS FOR CLEARANCE

, 196 .

AS WITNESS THE hands of parties the „."

day of •••

Signed by the above named

Importer In the presence

tof

Signed by the above named

lurety in the presence

0*

Accepted by ,

tor and on behalf of the

President of India.

(Pjurr t - S ia 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/395

ANNEXURE III TO APPENDIX 27

Application form for an Import Trade Control Licence to Import " Built-up Car, Station Wagon, Jeep, Mini Car or Motor Cycle, Scooter, Auto Cycle by a Foreign National coming from Abroad.

1. Name of the applicant.

2. Nationality.

J. Designation.

4. Full address abroad

fi. Purpose of visit out of India.

6. Duration of last stay out of India.

7. Full address in India.

I. Make and model of vehicle with c.tf.

value.

*. Date of purchase and date of registration

in the name of the applicant.

J i. Period of ownership and use.

11. Manner in which foreign exchange was

found for purchase of the vehicle.

O. Likely period of stay in India.

13. Full particulars of the purpose of stay in India and period of assignment in India.

14. Purpose for which the car is needed in

India.

15. Whether the applicant/his wife/her hus- band or dependent has already imported or got on transfer an imported vehicle from another foreign national, during preceding ten years. If so give particulars of cars, etc., and import licence Number & date.

18. Whether an application for import of car

etc. was made previously and if so, with what result? C.C.I. & E's reference should be quoted.

17. Proposed date of leaving for India and

arrival

18. Proposed date of shipment of vehicle and

the port of dis-embarkation.

303/396 T HE GAZETT^ O¥ INDIA EXTRAORDINARY [PART I - S M. 1]

19. Whether a treasury receipt for the re- quisite amount as application fee is enclosed? Indicate amount.

20. Documents to be enclosed to the appli-

cation;

(a) Photostat copy of the purchase

Invoice/receipt.

(b) Photostat copy of the registration

certificate.

(c) A certificate from the employer in India giving particulars and period of assign- ment in India.

&1) A treasury receipt for the requisite

amount.

I/We hereby declare that the above statement* are correct I/We fully understand that any licence granted to me/ui on the basis of the statements furnished is liable to cancel- lation without prejudice to any other action that may fail taken under the law, if it is found that any of the itate- ments or part thereof is incorrect.

Place : Date:

(Signature )

ANNEXURE IV TO APPENDIX 27

APPLICATION FORM FOR IMPORT OF CARS BY

1. Companies which are wholly foreign corporate entitle! and mn operating through branches in India.

2. Foreign banks.

3. Institutions of foreign origin,, wholly financed in foreign ex- change.

4. Whole time Resident Representatives of category (1).

fi. Correspondents of foreign newspapers or news-agencies getting pay in foreign exchange.

I. Name of the applicant.

(a) Nationality. (Applicable for Categories 4 & 5 only).

;(b) Designation.

ftAXT I - S EC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/397

2. Full address abroad

3. Full address in India.

1 Nature of business.

". Make and model of vehicle with c.Li.

value.

0. Manner in which foreign exchange was

found for purchase of vehicle.

7. Purpose for which the car is needed.

8. No. of foreign technicians and number of those who are in possession of either fore- ign car imported or transferred in their name or Indigenous cars secured on priority allotment, (applicable to categories 1 to 3 only).

9. Details of import of cars, if any, imported during the last five years, including vehi- cles imported by branches, in the case of foreign banks/foreign companies/foreign institutions.

40. Proposed date of shipment of car and the

port of clearance.

11. Whether an application for import of car was made previously and if so, with what result? C.C.I.&E's reference should be quoted.

H2. Documents to be enclosed : —

(a) Principal's/employer's letter offering to provide the car, etc., and make pay- ment of duty in foreign exchange. (b) 'No Objection' certificate from the

Reserve Bank of India.

(c) Photostat copy of the purchase in-

voice/Receipt.

(d) A treasury receipts for the requisite

amount.

I/We hereby declare that the above statements are correct. I/We fully understand that any licence granted to me MM on the basis of the statements furnished is liable to can- cellation without prejudice to any other action that msy be taken under the law, if it is found that any of the state- ments or part thereof is incorrect.

Place :

(Signature)

Date :

3o3/3g8 THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC, 1]

APPENDIX 28

(Para 282 of Chapter XVI)

(A) Form of Bond for Clearance of Restricted Goods

Know all men by these presents that whereas the Collector of Customs hereinafter referred to as the 'said Collector1 which* • expression shall include the person for the time being performing' the duties of the Collector of Customs , has permitted the clearance of the goods in the schedule hereunder written, We (1) (importers) (2) (surety) do hereby bind ourselves and each of us and each of our heirs, executors, adminip •trators and legal representatives, jointly and severally with the President of India to pay to the said Collector for the time being the ium of Ra. subject to the conditions written herein 1"elow:—

Now the conditions of the above written bond are such that if the said (1) (importer*), their heirs and representatives shall deliver or cause to be delivered to the said Collector within one month from the date hereof the import licence referred to in the Schedule to cover the goods referred to in the schedule or if the laid (importers), their heirs or representatives or any of them shall in lieu of the delivery of such licence upon demand by the said Collector pay or cause to be paid to him on behalf of the President of India the sum of Rs , then the above written bond shall be void and of no effect, otherwise the bond will be and remain in full force and virtue, and it is hereby declared that:—

(a) Any forbearance on the part of the President or any other officer Bhall not in any way release the said surety, his- heirs and representatives from his or their liability under the above written bond; and

(b) that this bond is entered into under the orders of the Central Government for the performance of the act to which the public are interested;

Schedule of goods cleared

Description

of goods

Quan-

tity

No.

date

Country

of origin

Port of

shipment

Value erf

goods

Importer!

name

Licence

No. dl.

U) (Importer*) (2)

(Surety

Signed, sealed and delivered by the above named in the presence of: Witness..

Accepted for and on behalf of

the President of India:

Amiitant Collector of Custom*.

[PAKT I~SEC I] THE GAZETTE OF INDIA EXTRAORDINARY 303/399

APPENDIX 28—condd.

(B)

Worm oi Letter of Guarantee

In consideration of the Collector of Customs allowing us •-., (importers) to clear the undermentioned goods without production of the original import licence mentioned below, we hereby under- take to produce within one month from this date the said original licence already granted to us by Government to cover inter alia the- undermentioned goods imported by us being licence No date which has been sent by us to the Chief Con- troller of Imports, New Delhi or Collector of Customs, Bombay, Calcutta, for Revalidation clearance of other goods covered1 by the said licence.

Supplier's

name

Value of

good*

Qu"ntity Country

of origin

De"crip-

tlon of

goods

Port of

Shipment

& date

BiUof

entry

No. & dL

In the event of our failure to produce the original licence within the period specified above or within such extended time as the Collector of Customs may in his absolute discretion allow (and in this respect time shall be the essence of arrangement). We (importers) hereby agree to pay to the President of India the sum of Rs whenever called upon to do so together with such penalty as may be imposed on us by the Custom* authorities in respect of the abovementioned goods. And We "(surety) guarantee to the President of India due payment of the said •urn of Rs and the said penalty so to be Imposed ts aforesaid. And is agreed and declared that:

(a) Any forbearance or indulgence to the Importer on th" part of the President of India or any officer of Govern- ment shall not in any way release the said (surety) their heirs, or successors or legal representatives from their liability under this agreement; and

(b) This agreement is entered into under the order or the Central Government for the performance of an act tn which the Public are interested.

Signature of Importer

Dated

Signature of Surety

Accepted for and on behalf of the President of India.

Assistant Collector of Customs.

3O3/400 THE GAZETTE OF INDIA EXTRAORDINARY [PA*T I-SHC, 1]

APPENDIX 29

(Para 291 of Chapter XVII)

Copy of Ministry of Commerce Public Notice No. 60-ITC (PN)/50 dt. 21-7-1950

SUBJECT:—Clearance of merchandise financed by Exchange Bank* in India in the event of licence holders not having honoured the bills drawn under confirmed letter* oj credit.

It has been represented by certain Bank Associations that in the went of a negotiation under a confirmed irrevocable letter of credit being dishonoured by the drawee the bank has to implement its un- dertaking under the credit to remit the foreign exchange in pay- ment, but in the absence of a valid import licence made out in it" own name, it is unable to clear the goods from the Customs.

2. In order to avoid this difficulty it has been decided that al) licences will hereafter be issued subject to the following condition which will be endorsed on the licence:—

"It is a condition of this licence that where an irrevocable letter of credit is opened by the holder of the licence to finance the import of any goods covered thereby, then the authorised dealer in foreign exchange through whom the credit is opened shall be deemed to be a joint holder of this licence to the extent of the goods covered by the credit."

3. The effect of this endorsement will be that where letters of credit have been opened against a valid import licence and on arrival of the goods, the licence holder does not honour the billi drawn against the letter of credit and does not produce the licence tor the clearance of the goods, the Bank which has opened the letter of credit will nevertheless be able to clear the goods through the customs and remit foreign exchange to the foreign suppliers ii> whose favour the credit was opened, by debit to the licence in question.

4. In this respect the following procedure will be observed with immediate effect:—

(i) The Banks clearing the goods in such cases will provide the Customs with certificates to the effect that the import has been made and that foreign currency has been remit- ted by the Bank or its agents under the authority of a valid import licence and a confirmed irrevocable letter of credit.

(11) They will also produce the exchange control copy of the licence, or if this is not available, they will furnish ful> particulars of the licence and of the licensee

[PAIT I-SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/401

APPENDIX 29—concld.

(Ill) At the time of clearance, the value of the good* will t* debited to the licensee concerned in the licence RegUtei maintained by the Custom House with an indication that clearance has been effected by the Bank. If and when tht Customs c"py of the import licence is produced subse- quently by the original licensee, the fact that some of the goods falling under the licence have already been cleared will become immediately apparent and the Custom* House will then endorse the necessary debit on the licence itself.

(iv) To ensure that the Customs copy of the Import Licence 1" not utilised at some other port, intimation of fluch clear- ances by banks will be sent by the Customs to all other oorts giving the balance for which the licence la valid

3O3/4O2 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT I-Sec. ty

APPENDIX 30

(Para 305 of Chapter XVII)

Interview Slip •• Serial No

I. Name and address of the appli-

cant

i. Name of representative with

designation and his connection with the firm.

I. Officer to be interviewed.

-

t. Date of desired Interview.

•f. Number and date of: —

" (a) Application. (b) Acknowledgement, and (c) any subsequent communica- tion received and replied.

€. (a) Category of application.

, (to) Brief description of goods. (c) Part and Serial No. of I.T.C. (d) C.I.F. value (e) Industry to which applica-

tion pertains

7. No. and date under which the application is forwarded/recom- mended by any other authority.

*. Brief resume of points for dis-

cussion (use reverse of form, If necessary).

•.-" •. Whether any officer was inter- viewed for this case or position obtained? If so, when? Interview timings

Signature and status of the repreMentativ+

Residential Adiress

Telephone No

Remarks of the Enquiry Officer:

IJPAKT I - S EC 1] THE GAZETTE OF INDIA EXTRAORDINARY 303/403

APPENDIX 30—concld.

NJ3.~-Separate form should be used for each application.

COUNTERFOIL

*•. So Date-stamp

1. Name of applicant

2. Name of the representative

,.• , I. Officer to be Interviewed • • - • • • Date and time of interview

„

Signature 0/ Enquiry Officer

303/404 T HE GAZETTE OF INDIA EXTRAORDINARY [PA"T 1-SIC. 1);

APPENDIX 31

(Para 308 of Chapter XVII)

Conditions of licences

import licences are under the provisions of the Imports (Control) Order, 1955 dated the 7th December 1955, as amended.

2. The licences issued under the aforesaid Order are "ubject tc •uch conditions as may be imposed by the licensing authority wbilf (•suing the licence, or which may otherwise be applicable to th"™ licence, under clause 5 of the Order.

t. The following shall be deemed to be the conditions of every licence issued under the said Order: —

(i) no person shall transfer and no person shall acquire by transfer any licence issued by the licensing authority except under and in accordance with the written permit sion of the authority which granted the licence or of any* other person empowered in this behalf by such authority

1 ii) that the goods for the import, of which a licence is granted, shall be the property of the licensee at the time of import and thereafter upto the time of clearance through Custom*:

Provided that the conditions under items (i) and (11) of thii sub-clause shall not apply in relation to licences issued to the State Trading Corporation of India, the Minerals an

(ill) the goods for the import, of which a licence is granted shall be new goods unless otherwise stated in the licence

*. The following conditions shall also apply to every import *r"nce: —

(•) Where an irrevocable letter of credit is opened by th"- holder of the licence to finance the import of any good* covered thereby, then the authorised dealer in foreign exchange, through whom the credit is opened, •hall be deemed to be a joint holder of the licence to the extent of the gooda covered by the credit.

(b) payments authorised to be made against the licence thai) not cover any commission, discount, or like rebate* allowed by the foreign suppliers/manufacturers to th" importers /agents.

Conditions regarding use or disposal of imported good)

0. Import licences issued to actual users shall be subject to thr condition that the licensee shall use the material imported there- under only for the purpose for which the licence haa been issued;

{PAST I_Sec. 1] THI GAZETTE OF INDIA EXTRAORDINARY 3O3/4O5.

and no portion thereof shall be sold, disposed of or utilised in any other manner without the written permission of the licensing auhority.

6. Import licences for raw materials, components and spares Issued to actual users engaged in industrial production shall be •abject to the following condition inter alia: —

"the licence is issued subject to the condition that all items of goods imported under it shall be used only in the licence holder's factory at the address shown in the appli- cation against which the licence is issued, and for the purpose for which the licence is issued, or may be pro- cessed in the factory of another manufacturing unit, but no portion thereof shall be sold to any party, or utilised or permitted to be utilised in any other manner. The goods so processed in another factory shall, however, be utilised in the manufacturing process undertaken by the licensee. The licensee shall maintain a proper account of consumption and utilization of the goods imported against the licence in the prescribed manner."

7. Import licences issued to actual users under the import policy tor registered exporters shall also be subject to the condition indi- cated in paragraph 6 above, except where otherwise provided ou the licence.

8. C.G./HEP licences, i.e., those issued to actual users for import' of capital goods, machinery, heavy electrical plant or machine tool*, •hall be subject to the following conditions inter alia: —

(a) the goods imported under the licence shall be utilised in- the licence holder's factory at thte address shown in the application against which the licence is issued, and for the purpose for which the licence is issued, and that no portion thereof shall be sold to or be permitted to be utilised by any other party or pledged with any financier other than Banks authorised to deal in the foreign ex- change and State Financial Corporation, provided thai particulars of goods to be pledged are reported by the- licensee in advance to the licensing authority.

(b) a half yearly return in the prescribed proforma shall b" furnished by the licensee to the Director of Statistics, Office of the Chief Controller of Imports & Exports, New Delhi, indicating the actual imports and remittance made against the licence as on 28th February and 31st August, each year. The return for each half year shall be fur nished within a period of 15 days from the close of the half year as indicated.

(The prescribed proforma is given in Appendix 22).

9. Import licences to actual users for machine tools shall als©' be subject to the following condition: —

"this licence is issued subject to the condition that the parti- culars of goods, i.e., machine tools, imported under It shall be furnished by the licensee to the Customs a u t ho

3O3/4O6 T HE GAZETTE OF INDIA EXTRAORDINARY [PAICT I-ftw. IJ

rlties in the prescribed proforma along with bill of entry at the time of clearance of goods".

The proforma prescribed for this purpose is given in Appendix 23.

Conditions regarding limiting factor

10. Import licences for raw materials, components and spares -issued to actual users, including those under the import policy for registered exporters, shall be subject to 'value' as limiting factor. The licensee may import any item(s) covered by his licence, with- out any limit of quantity or value, provided the total import does not exceed the overall face value of the licence. However, if in respect of any item(s) covered by the licence, a face value restric- tion, or value limit, or quantity limit, has been indicated in the licence or made applicable, the licensee can import such item(s) more in value or quantity, as the case may be, not exceeding 10 per cent of the specified value limit, or quantity limit, or face value restriction, provided the total import does not exceed the overall face value of the licence.

11. Import licences issued to actual users for import of capital goods, machinery and equipment shall be subject to DOth 'quantity' "nd 'value' as limiting factor. It shall not be open to a licensee to Import goods in excess of the quantity indicated against the items covered by the licence.

Other conditions

12. Import licences shall be subject to such other conditlon(s) ai may be imposed by the licensing authority, or which may be appli- cable to a licence under the relevant import policy.

P. D. KASBEKAR,

Chief Controller of Imports and Exports,

PRINTED BY THE OENEBAL MANAOER, GOVERNMENT OF INDIA PRJSS,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 68


  1. '. rcFrigerators and air-condition- ing equipments and holding vilid A.. U. licences for import of romponents and spare pnrts of refrigeration and air-conditioning equip- ment m,'iv. on specific request, be allowed to utilise permissible spares of a ↩
  2. S. No. 20—conid. (4) (a) Adjustable hind reann-TS or expanding reamers, 1.6) Twist dri'ls and reamers less, than 3/64" dm. X71 & 72 (3) (c> Carbide cip.ied drills and reahiers, (d) Twist drills and reamers of 3/64' dm. and HIHIM The following precision and measuring tooln 1 / 1, 72(3.» '"id 77. (1) Micrometers, Universal Surface Gauges, Vernier Height Gauges, Vernier Depth Gauges, Micrometer Depth Gauges, Rule Depth Gauges, Planer and Shaper Gauges, Taper Parallel Gauges, Screw Pitch Gauges, Fillet and Radius Gauges, Feeler Gauges, Thickness Gauge Slocks, Twist Drill and Machine Screws Tap Gauges, Calliper and Wire Gauges, Drill and Wire GaujMj Jobbers Drill Gauges, Drill Point and Depth Gauges, Rolling Mill Gauges, English Standard Wire Gauges, Dial Gauges, Dial Test Indicators, Lathe Test Indicators, Straight Edges, Indicator Attachments, Vernier Callipers, Universal bevel Protractors, Protrac- tors, Combination Sets, Stainless Steel Draftsman's Protractors, Gear Tooth Verniers, Speed Indicators, Hardened Ground Steel Parallels, Die Makers Squares, Hardened Steel Squares, Universal Bevels, Combination Squares, Automate Centre Punches, Combination Calliper and Dividers, Steel Rules, Measuring Tapes, Feeler Gauges Strips and also such other measuring tools and instruments used in the engineering workshop and industry for measuring or gauging or checking or comparing physical dimensions. W Tool Makers' Buttons ABRASIVES Sund paper and glass paper. 30 nod 30(9)0 Valve grinding pastes and compounds 71(8)^1(12) and Grinding wheelt and segmcnTs, abrasives., finding bens, rolls find d i s c s- 72(3). Co) CO Diamond lapping wheels or grinding^wheeli impregnated with diamond dusl (it) Other manufactm r.s of symrictic abrasive grains— impregnated with diamond duni. (b) Grinding wheels and'Jfegments, '(<) Others. ↩
  3. Chromium sulphate, chromium chloride and other chrome compoundsicxcluding barium chromates and chromium acetate. 28and 28(17) Chemicals not falling under any other Serial No. of this Schedule :— 28, 28(15), 28(18) 34- (a)LCaustic Soda. (i) Other Chemicals. Gas cylinders when imported filled with gas. :S(8) and 72(c) 28(8) 38(8) 28(3) (a) Non-processed elemcntal/non-reflned recovered sul- phur. (6) Processed sulphur (all grades) Soda ash, including calcined natural soda and manufactured 28(4) seBquicarbonates. Heavy chemicals, the following namely, Magnesium chlo- 28(5) ride. The following chemicals, namely:— (a) Alum (ammonia alum, potaBh alum and soda alum. (b) Magnesium sulphate or hydrated magnesium sulphate. The following chemicals, namely, cadmium sulphide, cobalt r28, 28(7), and oxidej liquid gold for glass making, selenium and uranium 28C7-A) oxide: (a) Selenium and Selenium dioxide. (6) Others Potassium bichromate, sodium bichromate and chromic acid 28(8) and 28(17) The following chemicals, durgs and medicines, namely:— 28(8) 28(16), 28(19) 38(20), 28(29), and 28(33). (a) Acetic, Carbolic, Citric, Hydrochloric, Nitric, Oxalic, Sulphuric, Tartaric and any other acids excluding chromic acids, anhydrouB ammonia, naphthalene, Po- tassium uhloratc, Potassium cyanide and other pota- ssium compounds, bicarbonate ot soda, borax, sodium cynide Sodium Silicate arsenic, calcium carbide, glyce- rine, lead, magnesium and Zinc compound65 not otherwise specified. ↩
  4. I ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 08 April 1968. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1968-04-08.E-1568-1968-0066-69998/. Archive identifier in.gazette.csl_extraordinary.1968-04-08.E-1568-1968-0066-69998.