REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221
भारत को राजपत्र The Gazette of Judia
असाधारण
EXTRAORDINARY
भाग I-- खण्ड I
PART I-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 132] नई दिल्ली, शनिवार, प्रगस्त 23, 1969/भाव 1, 1891
No. 132 ] NEW DELHI , SATURDAY , AUGUST 23 , 1969 / BHADRA 1 , 1891
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 FOREIGN TRADE & SUPPLY
PUBLIC NOTICE
IMPORT TRADE CONTROL
New Delhi , the 23rd August 1969
SUBJECT : --- Import of ( 1 ) ' Fruits ' all sorts . excluding coconuts and cashewnuts , fresh and dried , salted or preserved n.o.s. and excluding Dates S. No. 21 ( α ) / IV, ( ii ) Asafoetida ( S. No. 31 / V) . ( iii ) Cumin Seeds . and Medicinal herbs from Afghanistan during 1969-70 Trade Arrangement period .
No. 138 - ITC ( PN) /69.-In pursuance of the Trade Arrangement for 1969-70 (1st August, 1969 to 31st July. 1970 ) between the Government of India and the Royal Afghan Government , the import of:
( 1 ) Fresh and dry fruits of Afghan origin , mentioned in Schedule 'A' of this Public Notice . will be allowed to Approved Importers under C.C.P. procedure , within a " quantitative ceiling" .
( 11) Asafoetida , Cumin Seeds and Medicinal herbs of Afghan Origin , mentioned in Schedule ' A' , will be allowed to Apprived Importers under C.C.P. procedure , without any celling;
( iii ) Hides and Skins of Afghan Origin , falling under S. No. 144 ( a) / IV , will continue to be under Open General Licence No. LXXXVI vide Ministry of Foreign Trade and Supply Import Trade Control Order No. 1/69 dated 31-3-1969 .
2. Import of commodities covered under the aforesaid items ( 1 ) ard ( if ) will have to be counter - balanced by exports of goods in Schedule ' B' to this Public
( 731 ) THE GAZETTE OF INDIA EXTRAORDINARY [PART I-SEC . 1 ] 732
Paragraph Notice , as indicated in paragraph 20 below . As regards the import of Hides and Skins under itemem ( iii ) above , the sale proceeds will be credited toto the self-balanc- ing account opened by the Da Afghanistan Bank with the State Bank of India . This account will be utilised by Afghanistan for the purchase of goods and ser- vices in India.
3. Definition of Approved Importers . The Approved Importers are those :
(1) who have participated in the Indo -Afghan Trade in those commodities during the four years ending 30th June , 1956 and are already registered as such; and
( ii ) The Royal Afghan Government's nominee firms registered as "Approved Importers" .
4. No Customs Clearance Permit ( C.C.P. ) will be issued to those " Approved Importers " whose names have been de- registered .
5. Documents to be furnished with application for C.C.Ps .--Approved Importers should applyapply forfor C.C.Ps. , in the prescribed form and manner ,man indicating inter - alia the C.I.F. value of goods , accompanied by the following documents :-
( a) Valid Transit Certificates ( five copies) , together with invoices and Treasury Receipts . In the case of grapes , exporter's telegrams to the concerned importer , will be accepted . The telegram should bear the number , date , weight in Kilograms of the transit certificates as well as c.i.f. value of the goods . The relevant Transit Certificates should be produced to the Customs authorities concerned ;
(b) An undertaking on a Stamp Paper to the effect that they will export any or all commodities mentioned in Schedule ' B ' to the 1969-70 Trade Arrangement to counter - balance imports in the prescribed ratio as men- tioned in para 6 by 31st of July , 1970 and shall abide by the decision that the Government may take in regard to the enhancement of the percen- tage of exports of non - traditional items .
6. Radio of exports of traditional and non - traditional items in respect of counter- exports . Of the items detailed in Schedule B to this Public Notice . Tea . Textiles . Spices . Coir and Coir Products are treated as traditional items of exports to Afghanistan and the remaining ones as non - traditional items . It may be mentioned for the information of the trade that not less than 15 per cent of counter - exports to be made to Afghanistan by every importer in payment for imports from Afghanistan as mentioned in para 20 below , shall be hy way of export to Afghanis- tan ' of non - traditional items listed in Schedule ' B' te . , items other than tea . textiles , spices , coir and coir products . The remaining 85 per cent can be utilized for the purchase and export to Afghanistan of any iteins listed in Schedule 'B' , Including Tea , Textiles , Spices , Coir and Coir Products.
7. If the Government decides , at a later stage , to raise the percentage of ex- ports of non - traditional items to Afghanistan the importer shall have to arrange exports of non - traditional items according to the ratio so revised.
8. Specimen of Transit Certificate . The documents furnished along with the ap plications should be complete in all respects which will make for prompt issue of CCPs . All the five coples of the Transit Certificates should bear the Seal and Signature of the AfghanAfghan Custom authorities . A specimen of the prescribed form of the Transit Certificate issued by the Afghan Custorns Authorities . is attach- ed in Annexure I. The Transit Certificates will be in two colours , red for fresh fruits and blue- black for dry fruits and other commodities . They will bear , inter - alla . the name of the exporter , the name of the importer , description of commodity and weight in Kilograms .
9. Distinctive marks on the Transit Certificates .In serialising the Transit Certificates the Royal Afghan Government will allocate groups of serial numbers to different Customs Control points and would also see that no number in a series is repeated . Further there will be distinctive letters , such as ' K' ( Kabul ), 'Q' ( Qandahar ) and ' N' ( Nangharhar ) , to denote the location of the concerned aut- hority of the Ministry of Commerce of the Royal Afghan Government issuing the transit certificates , and also the letters 'B' ( Jt . Chief Controller of Imports and [PART I-SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 733
Exports , Bombay ) , ' D' ( Jt . Chief Controller of Imports and Exports , Central Licensing Area, New Delhi ) , and ' A' ( Controller of Imports and Exports , Amritsar) , to denote not the Customs Control point in India as nitherto but the concerned licensing aut- hority in India . In order that the Transit Ceruncates for grapes are not unduly delayed with the exporters , the approved impotters should ensure that their cor- responding exporters send a telegram to them on the very day that the Transit Certifi- cate is actually issued , informing the former of the particulars thereof including its number , date , weight of grapes in Kilograms and value .
10. Transit Certificates and their validity . The Transit Certificate . wil indicate the period of validity , which will be five days for fresh fruits and forty days 10г dry fruits , and other commodities . The validity of Transit Certificates is decided with reference to the date of actual issue and not the date of arrival of the goods at the Indian Customs borders . The goods must be cleared from the Aighan Customs Borders within the validity period of the Transit Certificate . The evi- dence of transit having taken place during the validity period of the Transit Certificate , should be produced to the Customs authorities , or else the goods will not be allowed clearance .
11. Procedure for issue of CCPs . CCPs will be issued ( in duplicate) to eligible approved importers upto the quantity , coveredcover by valid transit certificates , issued ates , by the Afghan Custom authorities to the following categories of approved im- porters :
(i) who have fulfilled their export obligation in full by the 31st of July , 1969 in the prescribed ratio of 85 per cent 15 per cent , as between tra- ditional and non - traditional item and are in a position to produce ducu- mentary evidence / or R.B.I.'s certificate in proof thereof ;
(ii) who claim to have fulfilled their export obligation in full in the prescribed ratio as indicated in item ( i) above by the 31st of July , 1969 , but are not in a position to produce proof thereof straightaway . An under- taking should be taken from the aforesaid parties to the effect that do- cumentary evidence / or R.B.I.'s certificate will be produced within one month from the date of issue of CCPs , failing which action will be taken under the I.T.C. , rules and regulations . This condition will be endorsed on the CCPs .
( iii ) who have fulfilled , by 31st July , 1969 , their export obligation upto 75 per cent in the prescribed ratio , ( i.e. , exports of at least 15ast 15 per cent of 75 per cent of non - traditional items have been effected ) . A show cause notice should however , be issued to them to explain as to why issue of further CCP should not be withhell , in view of their failure to balance off their imports in terms of para 20 of Public Notice No. 163 - ITC ( PN ) / 68 dated 6th August , 1968. In the case of their failure to produce evidence showing fulfilment of their export obligation in full and in the prescribedprescri ratio by 30th September , 1969 , no further CCPs should be issued to them and penal action as envisaged in the I.T.C. , rules and regulations will be taken against them .
No CCPs would be issued to the defaulter whose export performance falls below 75 per cent and 31st July , 1969 ard imports , if any effected by them will be treated as unauthorised .
12. Stage of reckoning of export performance against current iriports . There will be no reckoning , at every stage , of exports made by the concerned importer for Issue of CCPs . However , stock- taking in regard to fulfilment of export obligation in the prescribed ratio against the current imports will start at the end of the 8th month 1.e 31st March , 1970. Each approved importer should furnish to the licens- THE GAZETTE OF INDIA EXTRAORDINARY
734
[PART I -SEC. 1 ]
ing authority affidavits to the effect that his export obligation against current imports has been fumilied as follows : --
At the end of the
Percentage of fulfilment
of export obligation
(i) eighth month i.e. 31-3-70
(11 ) Tentia month 1.e. 31-5-70
( 1) Eleventh month i.e. 31-6-70
(IV) Tweltin month 1.2. 31-7-70
Percentage of non - tradi- nonal commodities in ex- poins efected
60%
73%
১০%
10%
90%
12%
100%
15%
N.B. It may be noted that if Government decides , at later stage , to raise the percentage of exports of non - traditional items to Afghanistan , the unporters shall have to arrange exports of non - traditional items according to the ratio 80 revised.
No CCPs will be issued to the approved importers after the 8in month whose export performance is less than the percentages fixed above .
13. Penalty for non-fulfilment of export obligation . As imports of goods men- tioned in Schedule A to this Public Notice , excluding Hides & Skms are to be palanced by exports of goods in schedule B in the prescribed ratio of 85 per cent : 15 per cent , as petween traditional and non - traditional items , subject to changes το be effected later on , vide paragraph 7 ,it is obligatory for each individual importer to cuscharge his export obugauon in full by the end of the current Trade Arrange- ment periva 1.e. by the 31st of July , 1970. Should the importer fail to complete ms export obugation winın the supurated date , he is hable to be de - registered from the list of approved importers for such period as the licensing authority deems 11t , without prejudice to any other action that may be taken against nım under the Import & Export Control Act and rules and regulations . A condition to this eflect win be imposed on each CCP .
14. Validity of CCPs . The CCP will be valid for 7 days in the case of fresh fruits and 40 days in the case of other goods , from the date of issue of the relevant transit certificate / s covering the goods in question .
NOTE :-( Importers of Asafoetida and Cumin - seeds from Afghanistan are re- quired to ensure that the products conform to the prescribed standards under the Prevention of Food Adulteration Rules) .
15. Procedure for operating CCPs and Transit Certificates . The CCPs will indi- cate , inter - alia , the weight , number , date of the Transit Certificate as well as the c.i.r. value of the goods . Conversely ,goods . Conversely , the number and date and other particulars of CCPs should also be shown on the relevant Transit Certificates . In the case of grapes , the particulars are to be filled in from the telegram .
16. When delivering the CCP ( in duplicate ) to the importer for items other than fresh fruits , the appropriate licensing authority will return all the five copies of the 'Transit Certificates to the importer . The importer will, in his turn , present all the five copies of the Transit Certificates in all cases , alongwith the C.C.P. , in duplicate , to the Customs authorities at the point of imports of the consignment in India . The Custom authorities will , while clearing the consignments , check and verify the phycical correctness of the particulars of the consignment ( 1.e , name of exporter/ importer , description of goods , weight and other particulars ) as given in the CCP and the Transit Certificates . In the event of any difference , whether in name , description , or weight , as assessed by the Customs authorities , the copies of the C.C.P. and Transit CertificatesCertificates will be endorsedsed accordingly by the Custom autho- rity . Where there is a variation in weight mentioned in the CCP/ Transit Certi- ficate and the goods actually received , the Customs authorities will allow clearance of the same without insisting on a prior amendment in the C.C.P. by the licensing authority concerned , provided the variation does not exceed 5 per cent and advise the concerned licensing authority accordingly . This will be subject to the overall ceilings fixed for each item of fresh and dry fruits . In the event of excess being over 5 per cent in weight , mentioned in the Transit Certificate and the CCP , it will be obligatory on the part of the importers to get their CCPs amended on the basis of the revised / additional Transit Certificate. If the importer concerned fails to get his CCP amended , action will be taken against him under the Customs / I.T.C . rules .
PART I-SEC . 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
735
17. Distribution of CCPs . The Custom authorities will send the Customs pur- poses copy of CCP to the concerned icensing authorny airect and the second copy will , as at present , be handed wack to the importer to be forwarded to the reserve Bank of India , dury stamped and signed .
18. Distribution of Transit Certificate . As regards the distribution of the Transit Certincates , one copy will be retamed by the Customs , the second copy forwarded to the Reserve Dank of India , the third to the Royal Arghan Embassy , New Delhi and fourth to ine Indian Embassy , Kabul ( througn the Office of the Chief Controller of Imports & Exports ) , and the nith το the licensing authority concerned.
19. Recording of the value of the goods cleared. The value of the goods , allowed clearance , as assessed by the Customs , should be recorded by them on the Transit Certificates and CCPs before distribution . 'Inis information is essential for deter- mining counter - exports to be made trom India to Afghanistan for balancing of the trade .
20. Method of valuation for Counter - exports to Afghanistan . The following will be the method of valuation of Atghan goods for determining the value of counter- exports to be made from India to Arghanistan during the current Trade Arrange- ment period :-
( 1) Afghan goods , whether imported on outright purchase or on consignment basis, should be valued on the basis ΟΙ invoices accepted by Indian Customs or where no invoices exist , on the basis of the Indian Customs assessed value , as defined in Section 14 of the Indian Customs Act , 1962 (Act 52 of 1962 ) ;
(ii) With regards to imports effected as outright purchases , the value of counter- exports should be equal to the value of imports as determined in the manner indicated in ( i ) above ;
( iii ) To the extent imports take place on consignment basis , the sale proceeds of such goods after deducting all expenses , duties , and taxes will be allowed to be repatriated in the forms of goods covered by Schedule B to Annexure I.
21. Manner of payment .- Payments for goods exchanged under this arrangement and mentioned in Schedule A , excluding Hides & Skins , and Schedule B will be made , in accordance with the E.P. Procedures prescribed by the Reserve Bank of India . Payments for exports to Afghanistan for IndianIndian Goods mentioned in Sche- dule C shall be made by establishing letters of Credit in transferable U.S. dollers or pound sterling .
22. Bank facilities for exporters of Schedule C items . The Royal Afghan Gov- ernment have agreed that letter of credit in U.S. , dollars and transferable pound sterling will be opened by the Afghan Banks for import of Schedule ' C ' items from India.
SCHEDULE 'A'
Commodities for Export from Afghanistan to India
Fruits (dry and fresh all kinds ) , Asafoetida ,
Cumin Seeds , Hides and Skins , Medicinal herbs ( detalled as under )
English
Нувор
Rosa Rose Flower ( dried)
Buglass ( Borage)
Ouince (Borage)
White and red (Behmen ) ( Urdu)
Jujube
Ratanjot ( Hindi )
Manna
Manna ( taken from Atraphaxis
Spinosa)
Liquoric ( Mulathi )
Wild Carrot
DORONCUM
Farsi
Zoofa
Gule Golab
Gule Gawzaban
Beh -Danna
Behmane Safid wa Sorkh
Onnab
Yarland
Turanjabeen
Sheer - Khest
Shireen Boia
Shakakul
DARAWANJ 736
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I -SEC . 1 ]
SCHEDULE 'B '
Commodities for Export from India to Afghanistar : -
Textile , Cotton and Woollen , such as : -
Cotton and Woollen piecegoods , cotton dhoties and sarees , hosiery and knitted garments- woollen , cotton and rayon .
Silk , art silk and rayon fabrics ; cotton twist and yarn other than cotton , woollen and silk manufactures , Jute manufactures ,
Handloom fabrics .
Food:-
Confectionery ,
Tea , coffee , spices including pepper ,
Fish-dried and salted ,
Fish prawns-dried ,
Preserved Mango and other vegetable products ,
Provisions and oilman's stores ,
Sago,
Tapioca and its products ,
Cane jaggery , cane jaggery powder ( Indian gur ) ,
Agricultural Products :-
Hydrogenated oils, i.e. , " Vanaspati " or vegetable ghee .
Vegetable oils and oilseeds ,
Essential oils ,
Tobacco- raw and unmanufactured .
Chemical Products and Soaps:-
Chemicals and chemical preparations .
Pharmaceuticals : -
Naphthalene ,
Sera and Vaccines ,
Alkaloids of Oplum and its derivatives ,
Soap toilet and household ,
Toilet requisites and perfumery ,
Paints, Pigments and varnishes .
Engineering Goods :-
Printing machinery ,
Diesel engines ,
Pumps driven by diesel engines and electric motors ,
Sewing machines ,
Bicycles and their parts ,
Textiles machinery such as carding machinery and weaving looms , Machine tools ,
Hand tools and small tools , small river crafts ,
Sugarcane crushing machinery ,
Rice , flours and oil crushing machinery ,
Ball bearings ,
Agricultural implements .
Automobile parts other than those sent as spares with automobiles , Gliders .
THE GAZETTE OF INDIA EXTRAORDINARY
737 [PART SEC. 1 ]
Electrical Goods :-
Electrical appliances and accessories such as conduit pipes , switches , bells , holders , cut- outs , etc. ,
Electrodes ,
Electric bulbs and tubes ,
Electric fans and their parts ,
Batteries ( dry and wet) ,
Electric torch lights ,
Electric motors ,
Ebonite sheets , rods and tubes , cables and wires .
Household and Building Requirements :-
Utensils including stainless steelware , cooking ranges , heaters , electric iron , toasters , kettles , etc. , Household electrical fittings and fixtures ,
Roofing tiles ,
Bricks ,
Linoleum,
Sanitaryware ,
G.I. Pipes and fittings ,
Manhole cover and plates ,
Kerosene stoves ,
Incandescent oil pressure lamps ,
Safes , strong boxes and room fittings .
Crockery.
Hardware : -
Locks and padlocks .
Cutlery,
Bolts , nuts , screws and hinges , etc ;
Steel furniture and hospital appliances ,
Scientific instruments of all types ,
Weighing machines ,
Surgical and medical instruments .
Steel buckets .
Rubber Manufactures : -
Tyres and tubes ,
Other rubber manufactures ,
Leather Manufactures : -
Boots , shoes and belts ,
Other leather manufactures ,
Artificial leather goods .
Handicrafts and Cottage Industry Products : -
Stationary and paper .
Miscellaneous :-
Coir and coir products ,
Films .
Dyeing and tanning substances ,
Lac and shellac ,
Commercial decorative plywood ,
Myrobalan and myrobalan extracts ,
Glassware including tableware , glass bottles and bangles , THE GAZETTE OF INDIA EXTRAORDINARY [PART I -SEC . 1] 738
Artificial porcelain tooth ,
Synthetic stones ,
Books and printed matter ,
Cigarettes ,
Postage stamps ,
Refined mineral oils ,
Bichromates ,
Sports goods ,
Mica and Micanite ,
Firebricks and fireclay ,
Ropes .
SCHEDULE ' C'
Indian Exports .
1. Sugar .
2. Automobiles and their spare parts .
3. Tractors .
4. Buldozers .
5. Compressors .
6. Stone Crushing and Polishing equipment .
7. Wood working machinery .
8. Lathes .
9. Road Rollers .
10. Graders .
11. Central Airconditioning equipment .
12. Refrigerators .
13. Slaughter House Machinery .
14. Accounting Machines .
15. Iron and Steel Construction material not mentioned under the heading " Hard- ware" in Schedule ' B ' .
16. Generators portable and fixed .
17. Radio Receivers .
18. Telephone and telegraph Apparatus and Equipment .
19. Cranes .
20. Drugs , Medicines and Antibiotics . All other items not included in Schedule ' B' .
739
THE GAZETTE OF INDIA EXTRAORDINARY
[PART Sac. 1 ]
ANNEXURE I
Specimen of Transit Certiful le.
Royal Government of Afghanistan
Ministry of Commerce
India Department
Inensit Certificate No.
Date
1968
Name of Exporter
Name of Importer
Period of Validity
Description No. Commodity
No.
Area
Remark .
Quantity Kg .
Value perKg .
Value Rs . Tota
Number of
case
bundle
Signed by Customs House Officer .
I, Mr. mit No. .. , son of Mr. goods will pass Peshawar or Chaman by Truck No. of Mr .. .son holder of Trade per- have completed the cutoms formalitiesand uncer ake dat le driver Mr ... within 72 hours and without any change or diminution in quantity. If not . I agree that my trade permit my be cancelled forth with and wthout any recourse on my part . Moreover , if the consignment does not arrive within five days proper customs house in India , and the Indian authorities do not release it , I will be responsible for any losses which occur .
Date of clearance from Indian Customs House .
Signature
R. J. REBELLO,
Chief Controller of Imports and Exports .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969