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Extraordinary Gazette of India · Government of India

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Published 18 February 1969

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रजिस्ट्री सं ० डी ० 221

REGISTERED No. D. 221

भारत का राजपत्र The Gazette of India

प्रसाधा रण

EXTRAORDINARY

भाग 1- खण्ड 1

PART I- Section 1

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

=

सं ० 23]

नई दिल्ली, मंगलवार, फरवरी 18, 1969/ माघ 29 , 1890

No. 23 ] NEW DELHI , TUESDAY , FEBRUARY 18 , 1969 / MAGHA 29 , 1890

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi , the 18th February 1969

SUBJECT : -Import of capital goods ( balancing equipment ) against the U.K. Kipping Loan.

No. 36 - ITC ( PN ) / 69 .- The U.K. Government have made available , as part of the assistance for Indian economic development , a loan of £ 5 million (Rs . 9.00 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 equipment . and maintenance spares .

2. It has been decided that a part of this loan may be used for issue of licences to actual users both in the scheduled and non - scheduled sectors including small scale industries , for import of minor balancing equipments needed by them to maximise utilisation of equipment already in use . The amount avallable for the purpose being small as against the demand from entrepreneurs using machinery of British origin , it has been decided to consider applications only in those cases where:

(1 ) the equipment in use is mainly of British origin ; and

( ii ) the value of the equipments sought to be importedted is small in relation to the equipment already in use and does not , ordinarily , exceed £ 25,000 c.i.f. in value .

(99) [ PART I-SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY

100

The applicants should furnish details of both the value of machinery of British origin currently in use in their factory and of the total value of machinery current- ly in use in their factory , together with such other information as may be necessary to justify import from U.K. under Kipping Loan .

3. The terms and conditions which will be applicable to the licences to be issued against this loan are given in Appendix to this Public Notice ,

4. The applications from eligible actual users for the import of minor balancing equipments in terms of this Public Notice may be submitted in the prescribed form and manner ( Form E ) to the Chief Controller of Imports & Exports , New Delhi ( Special Cell ) as early as possible , but in any case not later than 31st March , 1969.

APPENDIX

Licensing conditions for Sixth Kipping Loan UK / India Non - Project Loan 1968 (Sixth Kipping Loan- £ 5 Million )

Schedule of conditions Governing import licences issued under said Loan .

Licence No.

KQ ( 68 ) dated

1. Each I / L number will contain a " KQ ( 68 ) " suffix and all contracts invoices and / or contract certificates referring to goods to be imported under the licence shall be marked by the importer / supplier with the I / L number with the said suffix .

2. No remittance of foreign exchange is permitted against this import licence . Any payment towards Indian Agent's commission should be made in Indian Rupees to the agents in India. Such payments , however , will form part of the licence value and will , therefore , be charged to the licence .

3. The licence will be issued with an initial validity period of 3 months Firm orders , on CIF or C & F basis , must be placed on the suppliers in UK ( which ex- pression includes the channels Islands and the Isle of Man ) within three months from the date of issue of the import licence . Licences may be submitted for re- validation to cover shipments , with documentary proof of firm orders having been placed and showing the contractuals date ( s) of shipment ( s ) . If orders cannot be placed within three months , the licence should be submitted for revalidation during the 4th month giving the reasons for that delay in placing orders and indicating the date by which orders would be placed. Such requests will be considered on merits by the C.C.I. & E. in consultation with the Ministry of Finance ( Department of Economic Affairs ) , where necessary .

4. All payments must be completed within one month after expiry of licence . Individual payments must be arranged upon shipment of goods . No credit facility of any kind will be permitted .

5. Special points to be incorporated in the orders / contracts .( 1 ) Origin of Goods.- While placing firm orders / contracts , the licensee must ensure by a provision in the same that the goods purchased are or will be wholly produced or manufactured In the U.K. , or in the case of Chemicals and allied products , goods which are duly declared to be of U.K. origin on the form attached as Annexure VII Appendix - C (Chemical ). When the contract also provides for works and services , in connection with the purchase of such goods it must similarly be ensured by a suitable provi- sion therein that such works and services are ог will be provided by persons ordinarily resident or carrying on business in the U.K.

( II ) Payments -- Payments to the UK cuppliers can be arranged only in the manner prescribed in para 6 below , and on production of documents specified in para 7; this payment and documentation procedure should be briefly incorporated in the contract .

( 111 ) It should be provided in the contract that the contract should inculcate the complete licence No. including suffix " AQ 68 " in his invoice , contract certificate and Payment certificates .

[PART 1-- SEC , 1 ]

THE GAZETIE OF INDIA EXTRAORDINARY

NOTE - LI , in any case , contract is placed on the Indian Agent of the foreign supplier , the contract with the Agent should indicate the name and address of the JK supplier to whom payment is to be made for the Sterling portion of the con- tract, which alone will qualify for payment under the Loan . Copies of such con- tracts ( or of contracts placed by Indian Agents with UK Suppliers if there are such separate contracts ) should be sent along with letters of credits as prescribed in para 7 ( ii ) below.

6. Payments against I / L Letter of Credit Procedure .-( a ) Payments to UK Suppliers shall be arranged by importers by opening irre- vocable and confirmed Letters of Credit in favour of the suppliers by any of the Exchange Banks in India with one of the correspondent Banks in UK . Such Letters of Credit would provide for payments to the suppliers on submission of certain prescribed documents [ see para 7 ( ii ) below ] and would be opened subject to the condition that, the correspondent banks in UK would , after making payments to the beneficiaries initially out of their own funds , obtain reimbursement therefor , from the State Bank of India , London , through the Chief Accounting Officer to the High Commission for India , London.

(b) The detailed procedure for opening of said Letters of Credit will be as follows:

( 1 ) Within three weeks after obtaining suitable revalidation of I / L vide clause 3 above the importer should apply to the Senior Accounts Officer , Economic Ald Accounts , Ministry of Finance (Department of Economic Affairs ) , Jeevan Deep Building , Parliament Street , New Delhi for a letter of authorisation for opening a Commercial letter of credit . The application should be in the form in Annexure 1 and should be accompanied by a Bank Guarantee in the Form in Annexure Il obtained from an authorised dealer in foreign exchange in India . The application should also indicate specifically the name and address of the UK Bank with which the letter of authorisation is to be established . The Bank Guarantee should be for the full value of the import licence plus one percent thereof . The Bank Guarantee should be executed on a non - judicial stamp paper , the value of the atamp being adjudicated by the Collector in accordance with the provisions of Section 31 of the Stamp Act , 1899 .

(2 ) If the application is found to be in order , the Ministry of Finance , Department of Economic Affairs , will communicato their Authorisation for the requisite amount to the importer and the Indian bank concerned , indicating , inter alia, the name of the U. K. Bank with whom letter of Credit in favour of U. K. suppliers should be opend . The Department of Economic Affairs will also advise the U. K. bank concerned suitably and also C. A. O. , London . But this advise to the U. K. Bank will be sent to the Indian Bank alongwith their copy of the authorisation letter , who should then transmit it to the U. K. Bank while opening the letters of Credit . The letters of credit should be opened within three weeks from the date of issue of the authorisation under Intimation to the Ministry of Finance failing which the authorisation shall lapse . The letter of Credit by the Indian Bank on the designated U. K. Bank against the Letter of Authorisation Issued by Ministry of Finance should detall the conditions to which the licence is subject and call for the submission of all the documents detailed in para below. The requests for opening letters of Credit by Indian Banks must accord completely with the authorisations for opening letters of Credit issued by the Ministry of Finance. There should be no discrepancies in any respect .

(3) Within seven days of the receipt of advice of payment with shipping documents from the U. K. Bank , the Indian Bank concerned shall collect from the importer the cost of imports in rupees at the rate of Rs . 18.18 for £ 1.00 plus interest charges at 6 per cent per annum for the period from the date of payment to the U. K. supplier by U. K. Bank to the date of deposit of the rupee equivalent .

(4) The amount collected from the importer , should be deposited by the bank to the credit of the Government of India in the Reserve Bank of India , New Delhi or the State Bank of India , Delhi or if it is not feasible remitted by means of Demand Draft drawn on and in favour of the State Bank of India, Tis Hazari Branch , Delhi . Thereafter , the Treasury Challan evidencing the deposit shall be sent by registered post to the Senior Accounts Officer , Ministry of Finance , Department of Economic Affairs , Economic Aid Accounts Section , Jeevan Deep Building , Parliament Street , New Delhi indicating references to and enclosing 102

THE GAZETTE OF INDIA EXTRAORDINARY

[ PART I- SEC . 1 ]

copies of the Invoice/ shipping documents and the Authorisation of that Depart ment to which the transaction relates . The Indian Bank concerned shall also , on demand by the Government of India , New Delhi arrange deposit within seven days in the Reserve Bank of India, New Delhi / State Bank of India Delhi or if it is not feasible by means of a Demand Draftdrawn on the State Bank of India , Tis Hazari Branch , Delhi , of such additional amount on account of service charges . and/ or interest as may be demanded by the Government of India . The Indian Bank concerned shall release the shipping documents to the importer only after the deposits aforesaid are made to the Government of India ,

NOTE . Importers should also fill in duplicate the Form ' S' incorporated in An- nexure II of the Public Notice No. 184 - ITC ( PN ) / 68 dated 30th August , 1968 and present the same to their bank while arranging for rupee deposits in accordance with the procedure prescribed in the said Public Notice ,

( 5) After the obligations in terms of the Bank Guarantee and the letter of credit authorisation issued by the Ministry of Finance are fulfilled , the Indian Bank can apply to the Senior Accounts Officer , Economic Aid Accounts Section , Ministry of Finance , Department of Economic Affairs , for the release of the Bank Guarantee . The application must be made by the Indian Bank ( not by the importers ) and must be in the form laid down in Annexure V.

deposits NOTES .- ( 1 ) The above arrangement does not absolve the importers of their res- ponsibilities and obligations to make the necessary rupee within the prescribed time limit .

( ii ) The rate of exchange viz . , £ 1 = Rs . 18,18 mentioned above is the prevai- ling composite rate of exchange and any change in the same will be notified as and when decided upon by the Government of India.

( iii ) The amounts including interest and service charges to be deposited to the Credit of the Government of India shall be creditable under the Head of Account " T- Sec . Deposits and Advances-Part - II Deposits- Deposits not bearing interest- C . Other deposits Accounts-Civil Deposits-Deposits for purchases aboard from U. K. purchase under UK . Loan Purchases under U. K./India non Project Loan 1968 (Sixth Kipping Loan of £ 5 M ) " and the Accountant General , Central Revenues New Delhi shall be shown as the Accounts Officerofficer who will adjust these credits .

7. Documentation Required.- ( 1 ) The importer is responsible to see that the U. K. supplies completes and submits the documents detailed in ( 2 ) below ( in so far as these relate to him ) and Annexure III to the U. K. Bank at the time of opening of L / o and also at the time of claiming payment for the goods supplied . Each document must shoiw the loan number, details of Import Licence including suffix " XQ ( 68 ) " and , if possible, the Ministry of Finance Letter of Credit authori- sation particulars .

(2) While opening Letters of Credits , the authorised Bank in India , on behalf of the importer , will be required to incorporate the following conditions in the Letters of Credit or their forwarding instructions to the correspondent bank in U.K .:

( i ) attach five blank copies of the cotract certificate in the prescribed form , Annexure VI or VII , Appendix C or Appendix ' O ' ( Chemicals ) (whichever is appropriate ) to each letter of credit .

( 11 ) Provide , in the letter of Credit, that the beneficiary , must within four working days after receiving the letter of Credit , send four completed copies of the certificate together with two copies of the contract ( or letter of credit when there is no contract ) to the correspondent bank concerned in U.K.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I SEC . 1 ]

103

Provided further, in the letter of Credit , that , as and when goods are shipped and payment thereof , falls due , the supplier shall present to the U. K. Bank , the following documents :-

(a) The Original invoice , with three photo copies or copies made by any other process .

(b) Three coples of the Payment certificate in the form shown in Appen- dix E. For chemicals and allied products the invoice only is required .

( iii ) The correspondent bank should forward three copies of the contract certificate and two copies of the contract ( or letter of Credit ) to Chief Accounting Officer, High Commission of India , (Accounts Department ) , 55 Jermyn Street London - SW - 1 , who would then transmit same to U. K. Government ( ODM) and obtain their accept- ance of each contract for payment out of loan and advise same to correspondent banks in cases of contracts of over £ 10,000 only .

( iv) For each single contract value £ 10,000 or less . The correspondent bank in U. K. to issue letters of Credit and advise same to beneficiaries straightaway as confirmed and irrevocable , payments being made thereafter in the usual way upon presentation of prescribed documents .

For contracts, above £ 10,000 ( each ) , the letters of Credit to be issued on provisionai basis initially with a provision to the effect that they shall become operative only subsequently on receipt of advice of ODM contract acceptance from CAO , London , vide ( ill ) above . Thereafter , payments being made to suppliers in the usual way .

(v ) After payments, the correspondent banks would claim reimbursement of the amounts paid by submitting payment certificates Anne- xure VIII-Appendix E , where appropriate , and invoices received from suppliers , from CAO , London , who would arrange payment to them through State Bank of India , London . Simultaneously , they would , send by AIR MAIL , the original negotiable set of documents , along with a statement of their sterling charges , to the Indian Bank opening the L / C .

amount NOTE .-( 1 ) If at any time a contract is amended , or if liability is incurred or is to be incurred thereunder to a greater or lesser amount than the specifled in the contract certificate , and the necessary letter of Credit is also amended consequently , such amendments , together with relevant supplementary or revised contracts ( amendments ) , should also be proposed in the same manner as the initial L/ Cs .

(2) The Importers and the Indian Banks should particularly note , condition ( iv) above regarding contracts above £ 10,000 . In all such cases contracts and Letters of Credits must contain a provision that they shall not become operative until relevant documents have been forwarded to the Ministry of Overseas Development in the U. K. and the CAO , London has informed the correspondent banks in the UU.K. which are concerned that the contract to which the letter of credit relates is eligible for payment from the loan ,

8. Refunds from U. K. Suppliers .If any money is received by the licensee from the U. K. supplier or a guaranter ( insurance company etc. ) as a refund or insettlement of insurance claim etc. such amounts should be arranged to be refunded by the supplier to the concerned correspondent Bank in U. K. ( from where the payment was initially received under L / c ) with instructions to refund the amount, Inturn , to CAO , London for crediting the loan Account . After the loan amount is so credited , an equivalent amount in rupees ( ie . the equivalent of what the importer actually paid to Government) will be arranged to be refunded to the importer by the Ministry of Finance , upon receipt ofof claim therefor from the importer . If any refund is received after the close of the loan , the same will , have to be made by the supplier direct to the importer .

THE GAZETTE OF INDIA EXTRAORDINARY

104

[ PART I- SEC . 1 ]

As and when any such refund is received , a report thereof should also be made to the Ministry of Finance , with copy to the Ministry of Industrial Develop- ment and Company Affairs , ( Department of Industrial Development ) , Foreign Ex- change Section , Udyog Bhavan , New Delhi .

9. Reports on ordering and utilisation of Licence . A monthly report , in the form attached Annexure showing the utilisation status of the licence , should be furnished to the Ministry of Finance , Department of Economic Affairs , Economic Aid Accounts Branch , New Delhi , until the licence is fully utilised with a copy to the Ministry of Industrial Development and Company Affairs , Department of Industrial Development , Foreign Exchange Credit Section , Udyog Bhavan , New Delhi

10. Notifying Supplier . The licence should apprise the supplier if there is any special provision in the import licence which may effect the suppliers in carrying out the transaction .

11. Disputes . 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 the suppliers .

12. Future Instructions . The Licenses shall promptly comply with any direc- tions , instructions or 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 agreement .

13. Breach or Violations . Any breach or violation of conditions set forth in the above clauses will result in appropriate action under the Imports and Exports (Control ) Act .

x.Uc 14. List of Annexures by Titles :

Annexure - I Form of Application for Letter of Credit Authorisation

Annexure - II Bank Guarantee Forms .

Annexure - III Documents required from Suppliers .

Annexure - IV Monthly Report on ordering and utilisation of 1 / L .

Annexure - V Form of application for release of Bank Guarantee .

Annexure - VI Contract certificate ( Appendix -C)

Annexure - VII Contract Certificate ( Chemicals ) Appendix - C .

Annexure - VIII Payment Certificate ( Appendix - E ) .

ANNEXURE I

Form of Application for Letter of Credit Authorisation

To

The Senior Accounts Officer ,

Ministry of Finance ,

(Department of Economic Affairs ) ,

Jeevan Deep Building , Parliament Street ,

Economic Aid Accounts Section , New Delhi .

from U. K. under SUBJECT - Import of

U. K Loan-

Sir,

In connection with the import of- from U. K. against the above U. K. Loan , we furnish the following particulars to enable you to issue us authorisation for opening a Letter of Credit through our bankers on the U. K. Bank designated by you :---

(a) Particulars of Import Licence .

Value

Date

No. and

Date upto which valid.

(Rs)

(b ) Sterling value of licence . (calculated at £ 1 per Rs 18 ) .

THE GAZETTE OF INDIA EXTRAORDINARY

[ PART I SEC . 1 ]

105

(c) Sterling value of the orders placed for which authorisation is required specifying the name and address of the U. K. supplier / suppliers and the amount / s of authorisations required separately against each supplier ( copy of orders placed and U. K. suppliers ' acceptance thereof to be attached ) .

(d) Name of U. K. Correspondent Bank who will advice the Letter of Credit to U. K. Supplier .

(e) Name of the Indian Bank which has furnished the Bank Guarantee and which will open the Letter of Credit .

The Bank Guarantee furnished by-

(Name of Bank )

and which has been duly adjudicated by the Collector in accordance with the provisions of Section 31 of the Stamp Act , 1899 is attached .

ANNEXURE II

Form of Bank Guarantee

To

The President of India ,

Through Secretary to the Government of India ,

Ministry of Finance ,

(Department of Economic Affairs ) ,

New Delhi .

Sir.

In consideration of the President of India hereinafter referred to as ' the Governemnt' having agreed to arrange for payment in foreign currency of the price of goods to be imported by.

* (1 )

(11)

individual /partner working under name and style of (ili)

Messrs-

( iv)

[Name ( s) and address ( es ) ]

*Messrs office at in the State of as the ' Importers ' under Import Licence No granted for a company having its registered -hereinafter referred to dated hereby guarantee Rupees , we , that we shall arrange deposit to the credit of the Government in the Reserve Bank of India , New Delhi / State Bank of India . Tis Hazari Branch , Delhi or by means of a Demand Draft drawn on and in favour of State Bank of India , Tis Hazari Branch , Delhi ( for credit to the Central Government Account to be provided to the said Tis Hazari Branch .

( 1 ) Within seven days of the receipt of advice of payment with shipping documents , from the U. K. Banks , of rupee equivalent of the invoice price representing the Sterling disbursements made by the U. K. Banks under the Letter of Credit established by us against the Letter of Credit authorisation issued by the Ministry of Finance at the rate of Rs . 18.18 per £ 1.00 along with interest thereon at six per cent per annum from the date of payment to U. K. suppliers to the date of Deposit of rupee equivalent .

THE GAZETTE OF INDIA EXTRAORDINARY

106

[PART I-SEC . 1 ]

( ii) Within seven days of the demand by the Government of such additional amount as may be demanded by the Government as being due on account of service charges .

2. We, undertake to pay to the Government on demand and without demur such sum not exceeding- rupee (plus interest and service charges as aforesaid ) as may be demanded by the Government in the event of the Importers failing or neglecting to make any of the abovementioned said payments and the decision of the Government as to such failure or neglect on the part of Importers and as to the amount payable to the Government by us hereunder shall be final and binding on us .

3. We, agree and undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing .

4. We, agree and undertake not to release shipping documents to the Importer until after the rupee equivalent as aforesaid and the other dues , if any , as demanded by Government as deposited to the credit of the Government .

5. The guarantee herein contained shall not be affected by any change in the constitution of the Importers or of our Bank .

6. The Government shall have the fullest liberty without affecting this guarantee to vary any of the terms of the Import Licence detailed above or to extend the time for payment by the Importers from time to time or to postpone for any time and from time to time any of the powers exercisable by it against the importers and we , shall not be released from our liability under this Guarantee by any exercise by the Government of the liberty with reference to the amount aforesaid or by reason of any such variation or extension of time being given to the importers or any forbearance act or omission on the part of the Government or any indulgence by the Govern- ment to the importers or by any of the matters or things whatsoever which under the law relating to sureties shall but for this provision have the effect of so releasing us Bank from our such liability .

Our Hability under this bond / guarantee is restricted to Rs. (plus interest and service charges as aforesaid ) and it will remain in force till the **day of (month) 196 Unless claims under the law relating to sureties shall but for this provision have the effect or and unless a suit or action to enforce these claims is commended within another six months thereafter i.e. upto all Government rights under this bond / guarantee shall be forefelted and we shall be releived and discharged from all liability thereunder .

Place:

Date:

Yours faithfully ,

Signature of the Authorised Officer of the Bank and Bank's full Address .

(The Bank Guarantee is to be executed on a non - judicial stamp paper , the value of the stamp being adjudicated by the Collector in accordance with the provisions of Section 31 of the Indian Stamp Act , 1899 ) .

* Strike out which is not applicable .

** This date shall be arrived at by adding one month to the date by which THE GAZETTE OF INDIA EXTRAORDINARY

[PART I SEC . 1 ]

107

ANNEXURE III

Documents Required from Supplier

1. At the time of opening L / c-Four completed copies of contract certificate (Annexure VI and VII ) with the two coples of contract ( or L / c where there is no contract) to the corresponding bank in UK within 4 working dates after receiv- ing L / c .

2. At time of payment . ( 1 ) Supplier's invoice ( duty signed) original and three photo copies of or copies by any other process

A. The invoice should show the name and address of the importer quantity and detailed description of each item supplied ; sales price for each item reflect- ing all trade discounts the basis of delivery ( FOB , C & F , CIF and FAS) of the goods , the sterling cost of any incidental services including delivery services not Included in the supplier of marine or transportation insurance and the dollar cost of such insurance .

3. A. Evidence of shipment . Bill of landing or substitute one copy ( or photo- stat) of ocean or charter party bill of lading or airway bill , or parcel post receipt . The Bill of Lading shall indicate the carrier's statement of charges in whatever currency it is paid .

4. Payment certificate in the form prescribed ( Anпехите VIII) . Three copies duly signed .

5. Additional Documentation , Such additional or substitute documentation as may be specified from time to time by the Government of India .

ANNEXURE IV

Form of Utilization Report in Respect of U.K. Credits

( to be furnished separately in respect of each Licence ) .

1. Name of the Importing Firm .

2. Particulars of U.K. Credit .

3. No. and date of the Import Licence .

4. Value of the Import Licence .

5. Value of the complete contracting documents forwarded so far to the Ministry of Finance ( Please give details

of Contract Nos . and Value) . 6. Value of the Contracts approved by the UK Govern- ment as notified by the High Commission of India .

7. Payments made to the U.K. Suppliers ( Up - to -date ) .

8. Payments yet to be made in respect of the contracts already apapproved.

9. Value of further orders intended to be placed on U.K. Suppliers .

10. Surrenders , if any.

Signature of the authorised officer of the Importing Firm.

108

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I-SEC . 1 ]

ANNEXURE V

Form of Application for Release of Bank Guarantee

(Application to be submitted by Importer's bank , not by the importer ) .

To

The Senior Accounts Officer ,

Ministry of Finance ,

Department of Economic Affairs ,

Jeevan Deep Building , Parliament Street ,

NEW DELHI

Sir,

We are furnishing below detailed information on the rupee deposits made by us in discharge of our obligations under our Bank Guarantee No. dated for an amount of R's . request that the same may be released and returned to us : with the

1. The name and full address of the importer / Licensee on whose behalf the bank guarantee was furnished .

2. The import licence No. , date , value and brief description of the commodi- ties allowed for import thereunder .

3. Particulars of the Authorisation ( s ) for opening Letters of Credit obtained from the Ministry of Finance :

( a) Letter No. and Date .

(b) Amount of Authorisation.

(c ) U.K. Loan No.

4. Particulars of imports and rupee deposits made ( to be given separately for each Letter - of Credit- Authorisation ) :

(a) Particulars of Letters of Credit opened ( No. , date , value and the sup- pliers ' name ) .

(b) Invoice No. and date relative to each Letter of Credit :

( c ) Amount of Invoice ( net ) in sterling:

(d) Amount of rupee deposit :

(e) Relative challan No. and date and the name of Treasury / bank.

(f ) If by demand draft , No. and date of the demand draft and the No. and date of the Letter with which the draft was sent to the State Bank of India , Delhi .

5. Amount utilised and balance unutilised ( in pound Stg . ) in each Letter of Credit Authorisation :

II . We certify that :

(1 ) the balance amount of f

available in the authorisation ( s ) given by the Ministry of Finance has not been utilised / will not be utilised .

(or)

No letter of credit was opened under the authorisation ( s ) and the autho- risation ( s ) lapsed .

(or)

The Letter ( s ) of credit opened against the authorisation Letter ( s ) expired unutilised .

and ( 11 ) Our obligations under the bank guarantee in question have been duly discharged .

III . We request that the Bank guarantee may please be released and returned to us for cancellation .

Yours faithfully ,

Authorised Agent

for and on behalf of the Bank .

*Whichever is applicable .

[PART I - SEC . 1 ]

THE GAZETIE OF INDIA EXTRAORDINARY

109

ANNEXURE VI

APPENDIX C

UNITED KINGDOM / INDIA NON - PROJECT LOAN , 1968 .

CONTRACT CERTIFICATE

Particulars of Contract

I.

Contract No.

Date of Contract

Import Licence No. Date

Non - United Kingdom Origin.

United Kingdom Origin.

Description of goods works and services to be supplied to the Purchaser .

Sterling

Other Currency if any 3. Total (estimated ) Contract price payable by Purchaser

Amount

Description

In respect of non - United Kingdom goods and ser- vies ,

(a) goods materials

4. Estimated amounts , if any , paid (or to be paid ) by the Contractor in res- pect of goods or services of non - United Kingdom origin procured or to be pro- cured) by the Contra- ctor for the purpose of the Contracст .

(b) work to be done or services perfor- med in purchaser's country

(c) Know - how .

(d) Plans , designs and technical documentation ,

(e) other services .

5. I hereby declare that I am employed in the United Kingdom by the Con- tractor named below and have the authority to sign this certificate . I hereby undertake that in performance of the Contract , no goods or services which are not of United Kingdom origin will be supplied by the Contractor other than those specified in paragraph 4 above .

Signed

Position hela

For and on behalf of

(Name and address of

Contractor)

Date

NOTES: 1 For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man.

2. For Chemicals and Allied Products use certificate Appendix C ( Chemi- cals) .

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I- SEC . 1 ]

ANNEXURE VII

APPENDIX C ( CHEMICALS )

UNITED KINGDOM / INDIA NON - PROJECT LOAN , 1968 .

CONTRACT CERTIFICATE FOR CHEMICAL AND ALLIED PRODUCTS ONLY .

Date

Contract NO .

Import Licence No.

1. Date of Contract .

Price

Is the product of U.K. Origin ? ( See Note (C) State ' Yes ' or ' No '

U.K. Tariff

Classification

No. (Note B)

2. Description of Product (s) to be supplied to Pur- chaser (Note -A )

3. Total ( Estimated ) Contract price payable by Purchaser in Sterling f

4. (Declaration ) I hereby declare that I am employed in the United Kingdoın by the Contractor named below and have the authority to sign this certificate and that the above information is correct ,

Signed

Position held

Date

Name and address of Contractor

NOTES

A. This form is only to be used for chemical and allied products , most of which are covered by the appropriate sub - headings of Chapters 15 , 25 , 28 , 35 and 37-40 of the U.K. Tarify .

B. SEE : -

( i ) H. M. Customs and Excise Tarifi H.M. S.O.

( ii ) Classification of Chemicals in Brussels Nomenclature H.M.S.O.

C. ( i ) A product is regarded as of ' U.K. origin ' if made either or wholly from indigenous U.K. materials OR according to the appropriate EFTA qualifying process using imported materials wholly or in part .

( ii ) The EFTA qualifying processes are set out in Schedule I of the ' EFTA Compendium for the Use of Exporters ' , H.M.S.O.

( iii) For the purposes of this declaration it is to be emphasised that the " alternative percentage criterion " DOES NOT APPLY .

( iv) The words "Area Origin " where they appear in the above Schedule must be taken to mean " U.K. Origin " only .

(v) For the purposes of this declaration , the " Basic materials List " ( Sche- dule III of the EFTA Compendium ) does not apply .

(vi) If a qualifying process is not listed for the material in question , advice should be sought from Loans Administration Section , Finance Depart- ment , Ministry of Overseas Development , Eland House , Stage Place , London , S.W.T.

D. For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man .

[PART SEC. 1)

111

THE GAZETTE OF INDIA EXTRAORDINARY

ANNEXURE VIII

APPENDIX E

UNITED KINGDOM / INDIA NON - PROJECT LOAN , 1968 .

PAYMENT CERTIFICATE

I hereby certify that

(1) the payments referred to in the invoices listed below , which or coples of which accompany this payment certificate , fall due and are to be made in respect of Contract No. between the contractor named below and dated (Purchaser) and are in accordance with the particulars of this contract notified in the contract certificate signed on behalf of the said contractor on

Date

Contractor's Invoice No.

Name and Address ofContractor Amount £

Short description of goods , works and / or services

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 . ( ii) there are

(a)

(b) (c)

(d)

(e)

( iii) apart from the amounts specified in paragraph ( if ) all the amounts are payable in respect of goods and services specified in paragraph ( i ) are pa 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 Con- tractor .

Date

NOTE : For the purpose of this declaration the United Kingdom includes the Channel Islans and the Isle of Man .

R. J. REBELLO ,

Chief Controller of Imports & Exports .

PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969

Cite this issue. Extraordinary Gazette of India, Government of India, 18 February 1969. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1969-02-18.E-1499-1969-0023-67057/. Archive identifier in.gazette.csl_extraordinary.1969-02-18.E-1499-1969-0023-67057.