भारत का राजपत्र
The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग I- उण्ड I
PART I - Section I
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 1 ]
नई दिल्ली , सो घार, जनवरी 1 , 1968/पोष 11 , 1889
No. I
NEW DELHI , MONDAY , JANUARY 1 , 1968 / PAUSA 11 , 1889
इस भाग में भिन्न पृष्ठ संख्या की जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF COMMERCE
PUBLIC NOTICE
IMPORT TRADE CONTROL
New Delhi , the 1st January 1968
SUBJECT : -- Issue of import licences to Established Importers against the U.K. Kip- ping Loan .
No. 1 - ITC ( PN ) / 68 .-- The U.K. Government have made available , as part of the assistance for Indian economic development , a Joan of £ 5 million ( R's . 9.0 crores ) . The loan is primarily to be used for improving the operating efficiency of those manufacturers in India who traditionally look to Britain for supplies of rav materials , spares and components and equipment .
2. It has been decided that a part of this loan of £ 5 million ( Rs 9.0 crores may be used for issuing licences for import of spares to the representatives of British manufacturers of machinery and equipment , who have been receiving Import licences as established importers to import spare parts needed for servicing and maintaining the equipment supplied by their principals . Licences , will also be issued to established importers for import of spares for printing machinery manu- factured in the U.K.
3. As the amount available for the purpose will be relatively small , preference will be given to importers of spare parts , who have commitments to service existing
( 1 ) suppo Dy i malı
gi In Annexure I to this ablic Notice .
4. The terms and conditions which will be applicable to the licences issued against this loan are given in Annexure II to this Public Notice .
5. The applications may be submitted in the prescribed form and manner to the Chief Controller of Imports and Exports , New Delhi ( Special Cell ) as early as possible and in any case not later than 31st January , 1968 .
ANNFXURE I
Proforma
1. Name of the importer :
2. Quota certificate value ;
3. Quota items .
* 4 . Value of actual import of items in 2 above during 1964-65 , 1965-66 and 1966-67.
5. Name of the British manufacturers whom , where possible , the Indian importer is representing and the approximate value of each equipment in use in India .
(Signed)
For and on behalf of
* This should be certified by the auditors .
If 1966-67 figures cannot be furnished , the figures for three financial years prior to the year 1966-67 may be given .
ANNEXURE II
UK / India Non - Project Loan - 1967 ( Fifth Kipping Loan € 5 Mill)
Schedule of conditions attached to the import licences issued under the UK . Kipping Loan of £ 5 Million ( UK / INDIA Non - Project Loan , 1967 )
Licence No.
KQ ( 67) , Dt .
1. The licence is issued with an initial validity period of twelve months only, and can be revalidated only on the basis indicated under conditions 2 below.
2. Ordering. Firm orders for the full value of the licence must be played on the suppliers in the United Kingdom , the Channel Islands or the Isle of Man within three months from the date of issue of the import licence .
The licence may be submitted to the Chief Controller of Imports and Exports for revalidation only after firm orders for the full value have been placed and on the basis of dates of delivery ( Shipment ) of goods indicated by the supplier
3. Special points to be looked into while placing orders.-
(1) Origin of Goods- While placing firm orders , the licensee must ensure by a provision in the contract that the goods purchased are or will be wholly produced or manufactured in the United Kingdom , the Channel Islands or the Isle of Man . Where the contract also provides for works and Services , in connection with the purchase of such goods ,it must be ensured by a suitable provision in the contract that such works and services are or will be provided by persons ordinarily resident or carrying on business in the United Kingdom , the Channel Islands or the Isle of Man.
NOTE . If , in any case , contract 1 placed on the Indian Agent of the foreign supplier the contract with the Agent should indicate the name and address of the U.K. Supplier to whom payments would be made by the ( A.O. London directly out of U.K Credit . In such cases only that sterling portion of the contract will qualify for payment , out of U.K. Credit . Copies of such contracts ( or of contracts placed by Indian Agents with U.K. Supplier if there are such separate contracts ) should be sent to the Ministry of Finance, in the manner indicatedated in para 5 below :
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I - SEC . 11
3
(2) Payments . Payments to the U.K. , Channel Islands or Isle of Man suppliers against the import licence are to be effected in sterling , directly out of the U.K. Credit, through the Chief Accounting Officer , High Commission of India in London. The licence will NOT therefore , be valid for making rernittance to the supplier from India . The licensee should , therefore , mention in the contract that payments to the U.K. , Channel Islands or Isle of Man contractor are intended to be made in sterling , out of the U.K. Credit by production by the licensee of the documents prescribed in para 6 below to the Chief Accounting Officer , High Commission of India in London . A clause should be included in the cuct to the effect that the contract is subject to and will become effective with the approval of the Ministry of Overseas Develop- ment of the U.K. Govt . to the payments being met out of the U.K. Credit . All pay- ments must be completed by 30th June 1960 .
4. Report on Ordering . Within a week of the placing of contract , a report , in triplicate , should be sent by the Licensee to the Economic Aid Accounts Section ( Shri P. C. Jain ) Ministry of Finance , Jeewan Deep Building , Parliament Street , New Delhi with a copy to the Ministry of Industrial Development and Company Affairs ( Deptt . of Industrial Development , Foreign Exchange Section ) , Udyog Bhavan , New Delhi , IN THE FORM set out in Appendix I to these conditions , duly signed .
5. Notification of contracts and amendments thereto . Within a fortnight of placing of contracts , and in any event sufficiently in advance of the expected date of delivery of the goods , the licensee should forward ( indicating their complete address ) 3 ( Three ) copies of the contract to the Economic Aid Accounts Branch ( Shri P. C. Jain , Asstt. Accounts Officer ) Deptt . of Economic Affairs , Ministry of Finance , Jeewan Deep Building , Parliament Street , New Delhi accompanied by 3 copies of the " Contract Certificate " from the U.K. , Channel Islands or Isle of Man Contractor IN THE FORM ATTACHED ( APPENDIX II ) duly signed by him. The Deptt . , of Economic Affairs in the Ministry of Finance will arrange , through the Chief Accounting Officer , High Commission of India in London , to file a copy of the same with the Ministry of Overseas Development of the U.K. Government for obtaining their approval to the payments under the contract being made out of the U.K. Credit . As soon as possible after the approval of the U.K. Government to the contract is obtained or , in case , such approval is not granted by U.K. Govt . , the Licensee and also the U.K. Suppller will be informed of the same directly by the Chief Accounting Officer , Iligh Commission of India , London , and no further advice of contract approval / rejection will be issued by the Economic Affairs Deptt . of the Ministry of Finance .
The contract , as accepted by the Ministry of Overseas Development of U.K. Government will then be eligible for Direct Payments out of the Credit . As no payments can be made unless the contract is approved by the U.K. Government , it is most imperative for the licensee to ensure that copies of contracts / notifications alongwith suppliers ' " Contract Certificate " are forwarded to the Ministry of Finance at the earliestrliest and , in any case , well in advance of the initlal payment . For this purpose , the " Contract Certificate " should be arranged to be obtained from the sup- pliers promptly at the time of acceptance of each contract .
If at any time a contract ( being a contract in respect of which approval of U.K. Govt. , has been obtained or is pending ) Is amended , or if liability is incurred or is to be incurred thereunder to a greater or lesser amount than the amount specifled in the " Contract Certificates " , the licensee should promptly forward to the Economic Ald Accounts Section of the Department of Economic Affairs in the Ministry of Fin- ance the relevant supplementary or revised documents- copies of amendments con- tracts and revised " Contract Certificates " -- so as to enable them to notify the same to the U.K. Govt . for obtaining their approval . Notifications of such amendments is very important , because the UK . Govt . will make payments under a contract from time to time , only to the extent the contract has been approved by them .
As soon as approval to an amendment to the contract / order is obtained from the U.K. Govt . , the importer will be notified of the same in the same manner as was done for the contract .
Important Note . While forwarding the above documents to the Ministry of FinanceIt must be ensured that the complete number of the relative import licence , including the suffix " KQ ( 67 ) " is clearly indicated on each documents .
6. Documentation . As and when payments to the U.K. , Channel Islands or Isle of Man Contractor full due in respect of a contract only indicated in para 5 above , the licensee should promptly following documents and forward the same direct to the approved in the manner arrange to collect the Chief Accounting Officer THE GAZETTE OF INDIA EXTRAORDINARY
4
[PARI I - STO
( C.A.O. ) High Commission of India , 55 , Jermyn Street , London . for arranging necessary payments to the suppliet out of the UK Credit--
( i ) Two coples of the original invoice of the concerned UK , Channel Island
or the Isle of Man Contractor or three photostat copies or duplicates of such invoice , duly signed by the supplier .
( ii ) A specific authority from the importer to the CAO High Commission of India, London authorising him to make payment of the said invoice
( ili ) Two copies of a " Payment Certificate " in respect of each invoice from the concerned UK , Channel Islands or the Isle of Man Contractor IN THE FORM ATTACHED ( APPENDIX III ) and
( iv) Evidence in the form of Treasury Challan that rupee equivalent of the sterling amount to be paidto the UK . Channel Islands or Isle of Man Contractor has already been deposited into the Government of India's account in the Reserve Bank / State Bank / Government Treasury . The rupee equivalent should be calculated at the rate of Rs 18 18 per £ Sterling and the head of accountto which the rupees are to be deposit- ed will be : ' Section T- Deposits and Advances- Part II Deposits- Deposit not bearing interest-C . Other Deposits account- Civil De- posits-Deposits for Purchases abroad-Purchases under UK . India Project Loan Agreement of £ 7 Million ( Fifth Kipping Loan of R5 million ) In the Treasury Challan , the Accountant General Central Revenue , New Delhi should be shown as the Accounts Officer who will adjust the Credit
NOIFS : 1 In cases where rupee deposits are made outside Delhi / New Delhi one copy of the Treasury Challan should also be forwarded to the Account- ant General Central Revenue New Delhi
2 It should be noted very carefully that the Exchange rate indicated above is the prevailing composite rate of exchange and any change in the same, as and when decided upon by the Govt of India will be notified to the importers
3. While forwarding these documents , the number and date of the letter of CA.O , High CommissionComini of India , London , advising contract approval of the UK Govt ' hould be indicated in the forwarding letter .
The Chief Accounting Officer , High Commission of India , London, will arrange to make payments accordingly to the UK , Channel Islands or the Isle of Man Con- tractor and advise the licensee and Economic Ald Accounts Section in the Deptt of Economic Affairs of the Ministry of Finance of the same
7. Special and Important Conditions .-( 1 ) As payments to UK , Channel Islands or Isle of Man Suppliers are dependent upon imely submission of the above men- tioned documents to the Chief Accounting Officer , High Commission of India , London , it is very necessary that these documents are collected and submitted in complete shape , to the Ministry of Finance or to the Chief Accounting Omcer as the case maybe , with the utmost expedition , so that the Supplierslers maymay be paid prompt- ly and are not put to any difficulty on this account . All possible steps , including such special steps as may be deemed necessary, should be taken in this regard to follow promptly and carefully the detalled procedure set out above so as to elimi- nate all delays in making payments to Suppliers Although necessary steps already being taken to arrange expeditious approval of the UK . Govt . to the con- tracts flled with them , the whole process takes about 4 to 5 weeks from the receipt of documents in the Deptt. of Economic Affairs as the papers have to pass through cious stages from here to London and wayback Therefore , the importers should try to submit their papers at the earliest , and make enquiries from the Deptt . of Economic Affairs only in cases when they do not receive intimations of Contract Approval from London within a month of submission of the documents various are
(2 ) With reference to item 6 above , it is clarified that as payments to the con- tractors would fall due only upon shipment of the goods , the documents referred to therein should be collected only after the goods have been shipped by the foreign shippers . Thus in the contracts placed with the suppliers it can be stipulated that one set of documents - copies of the original invoices , the " Payment Certiflcate " in the prescribed form and also one copy of the ocean Bill of Lading should be airmailed to the importer in India direct without delay to enable the latter to arrange payments through the CAO , London , after making necessary rupee deposits in favour of the Govt . For this purpose copies of the invoices and Bill of 5 11THE CAZETTE OF INDIA EXTRAORDINARY
anding will fifice and the original shipping documents are not required. The original shiping documents should , therefore , be arranged to be collected by the import from the shippers directly so as to enable them to take delivery of the goods . If necessary , and where the U.K. suppliers so insist , the importer can make arrangements with the U.K. suppliers for receiving original shipping documents through an Indian Bank to be released to the importer against proof of deposit of the rupee equivalents of the invoice value and of transmission of those documents to the C.A.O. , London for making payments to the U.K. Suppliers out of the U.K. Credit . This arrangement will serve as a sufficient guarantee of payment to the U.K. Suppliers at the time of release of original shipping documents .
8. Refund from U.K. Suppliers . If any money is received by the licensee from the U.K. Supplier or a guaranter as a refund then the same should be reported to Shri P. C. Jain , Assistant Accounts Officer , Department of Economic Affairs , Min- istry of Finance , Jeewan Deep , Parliament Street , New Delhi , with a copy to the Ministry of Industrial Development and Company Affairs , ( Department of Indus- trial Development . Foreign Exchange Section ) Udyog Bhavan , New Delhi - 11 .
9. The licenseeensee should apprise the supplier of any special provision in the import licence which may affect the suppliers in carrying out the transaction .
10. It should be understood that the Government of India will not undertake any responsibility for disputes , if any, that may arise between the licensee and suppliers .
or 11. The licensee shall promptly comply with any directions , instructions orders issued by the Government regarding any and all matters arising from or pertaining to the import licence and for meeting all obligations under the credit ngreement.
12. Breach or Violation . Any breach or violation of conditions set forth in the above clauses , will result in appropriate action under the Imports and Exports (Control ) Act .
APPENDIX I
NOTIFICATION OF CONTRACT
United Kingdom / India Non - Project Loan , 1967 .
To
The Ministry of Overseas Development , Eland House , Stage Place , London , S.W.I.
Notification of Contract No.
The following are details of a contract under which itis proposed that payments shall be made in accordance with the terms and conditions of the above loan .
1. Name and address of U.K. Contractor .
2. Date of Contract .
3. Name of Indian purchaser .
4. Short description of goods . and / or works or services :
5. Value of Contract .
6. Terms of Payment .
7. Import licence No. & date :
Signed on behalf of Importer:
Date:
6
THE GAZETTE OF INDIA EXTRAORDINARY
APPENDIX II
UNITED KINGDOM / INDIA NON - PROJECT LOAN , 1967
Contract Certificate
Particulars of Contract .
1. Date of Contract
Contract
Date Number Import Licence Number .
Non - United Kingdom Origin .
United Kingdom Ori- gin.
2. Description of goods works and services to be supplied to the pur- chaser .
Sterling
3. Total ( Estimated ) Contract price payable by Purchaser .
Other currency , if any .
Description
Amount In respect of non- United Kingdom goods and servcies .
4. Estimated amounts if any , paid or to be paid by the contractor in respect of goods or services ofnon -United Kingdom origin pro- cured or to be procured by the Con- tractor for the purposes of the con- tract ,
( a) Goods or mate- rials.
(b) Work to be done or services рег- formed in Pur- chaser's Country
(c) Know - how .
(d) Plans , designs and technical documentation .
(e) Other services .
5. I hereby declare that I am employed in the U.K. by the Contractor named below and have the authority to sign this certificate on behalf of the Contractor named below. I hereby undertake that in performance of the Contract , no goods or serservices which are not of United Kingdom origin willwill be supplied by the Con- dractor other than those specified in paragraph 4 above.
Signed:
Position held ;
For and on behalf of:
(Name and address of Contractor )
Date:
NOTE : For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man .
[PART I- SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
7
APPENDIX III
UNITED KINGDOM / INDIA NON - PROJECT LOAN , 1967
Payment Certificate
I hereby certify that-
( 1 ) the payments referred to in the invoices listed below , which or copies of which accompany tihs payment certificate , fall due and are to be made In respect of Contract No. Dated between the contractor named below and (Purchaser) and are in accordance with the particulars of this contract notified in the contract certificate signed on behalf of the said contractor on
Contractor's Invoice No. Date
Amount £
Name and address ofContractor .
Short description of goods works and/ or services .
( 11 ) there are included in the above mentioned invoices the following amounts In respect of the non - United Kingdom goods or services specified in paragraph 4 of the contract certificate: -
(a ) £
( b) £
(c) £
(d) £
(e) £
(iii ) apart from the amounts specified in paragraph ( ii ) all the amounts speci- fied in paragraph ( 1 ) are payable in respect of goods and services of United Kingdom Origin .
( iv ) I have the authority to sign this certificate on behalf of the Contractor named below.
Signed
Position held
For and on behalf of ;
Name and address of Contractor ;
Date:
NOTE . For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man .
P. D. KASBEKAR ,
Chief Controller of Imports and Exports .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968