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REGISTRATION No. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section I

PUBLISHED BY AUTHORITY

No. 78] NEW DELHI, MONDAY, MAY 4, 1970/VAKAKHA 14, 1892

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

GOVERNMENT OF INDIA

MINISTRY OF FOREIGN TRADE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 4th May, 1970

No. 66-ITC(PN) /70.—A revised edition of the Import Trade Control Hand Book of Rules and Procedure is issued under this Public Notice.

2 Copies of the Import Trade Control Hand Book of Rules and Procedure, 1970 will be available for sale from the 5th May, 1970.

3. The last dates prescribed for submission of applications for import licences under the Import Policy for Registered Exporters and Established Importers for the period April, 1970—March, 1971 may be deemed to have been extended by a period of one month.

R. J. REBELLO,

Chief Controller of Imports & Exports LlCC of I&E/70 [403]

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 prosecution of war and to make the best possible use of the limited shipping space available. To being with, the import of only 68 commodities, mainly consumer goods, was subjected to control. Subsequently, with the growth of exchange difficul- ties, 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 import of machine tools was controlled. On August 23, 1941 most of theremaining 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 consoli- dated notification was issued pertaining to all the controlled items, except machine tools.

2. Development of the legislation: After the•. end of the War and the lapse of the Defence of India Rules in September, 1946, Import Trade Con- trol 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 ex- tended by two successive terms of five years each and one term of six yean upto March 31, 1966. It has been further extended by five years uptc March 31, 1971. Under this Act, the Central Government issued severa notifications which were replaced by a consolidated Order called the Impc*r (Control) Order No. 17/55 dated December 7, 1955. This Order, as amen, ded 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 practical^ all articles. Such articles are included in Schedule I to the Imports (Control) Order, 1955, and then- 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 Government, 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 con- trolled 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 following regional licensing authorities. Their telegraphic addresses and jurisdictions are given below ;— Licensing authorities and their jurisdiction. Telegraphic Address

(i) The Joint Chief Controller of Imports and Ex- CON1MPEXTRA ports, 4-Esplanade East, Calcutta, with jurisdic- CALCUTTA tion over the States of Orissa, Bihar, West Bengal, Tripura and Andaman and Nicobar Islands.

(ii) The Joint Chief Controller of Imports and Ex- CONTMPEXTRA ports, Central Govt. offices, New Building, SE BOMBAY Wing, New Marine Lines, Church Gate, Bom- bay with jurisdiction over the whole of re- organised States of Madhya Pradesh and Maha- rashtra.

(iii) The Joint Chief Controller of Imports and Ex- CONIMPEXTRA ports, Customs House, Madras, with jurisdic- MADRAS lion over the whole of Tamil Nadu State.

(iv) The Joint Chief Controller of Imports and Ex- CONIMPEXTRA ports, Central Licensing Area, Indraprastha NEW DELHI Bhavan, 'A' Wing, New Delhi, with jurisdic- tion over the whole of Rajasthan, Punjab, Haryana, Delhi, Chandigarh and Himachal Pradesh.

(v) The Deputy Chief Controller of Imports and CONTMPEXTRA Exports, Ashirwad Building, Panjim (Goa), PANJIM with jurisdiction over Goa, Daman and Diu, and Dadra and Nagar Haveli.

(vi) The Deputy Chief Controller of Imports and CONIMPEXTRA Exports, T.D. Road, Ernakulam, Cochin-11, ERNAKULAM with jurisdiction over whole of Kerala State and Laccadive, Minicoy and Aminidivi Islands.

(vii) The Deputv Chief Controller of Imports arid CONIMPEXTRA Exports, 7/194, Swaroop Nagar, Kanpur-2, with KANPUR jurisdiction over the whole of Uttar Pradesh.

(viii) The Deputy Chief Controller df Imports and CONIMPEXTRA Exports, Multi-storied offices Building, near Lal AHMEDABAD Darwaja, Ahmedabad with jurisdiction over the whole of Gujarat State excluding those district* of old Bombay State, which were formerly known as Saurashtra and Kutch.

fix) The Deputy Chief Controller of Imports and CONTMPEXTRA Exports, Premises no. 11-6-860, Red Hills, HYDERABAD Hyderabad, with jurisdiction over the whole of Andhra Pradosh, except areas which are under the jurisdiction of Controller of Imports and Ex- ports, Visakhapatnam.

(x) The Controller di Imports and Exports Dcsai CONIMPEXTRA Building, Bhupindra Road, near Town Hall, RAJKOT Rajkot, with jurisdiction over those districts of old Bombay State which were formerly known as Saurashtra and now included in Gujarat State, excluding Kutch.

(xi) The Controller of Imports and Exports, P.B, CONIMPEXTRA No. 14, Pondicherry, with jurisdiction over PONDICHERRY Pondicherry, Karaikal, Mahe and Yanam.

(xii) The Controller of Imports and Exports, CONIMPEXTRA 25.8.109, Main Road, Visakhapatnam, with VISAKHAPATNAM jurisdiction over four districts of Andhra Pra- desh, namely, Srikakulam, Visakhapatnam, East Godavari and West Godavari.

(xiii) The Controller of Imports and Exports, Syndi- CONIMPEXTRA cate Bank Building, P.B. No. 688, Gandhi BANGALORE Nagar, Bangalore-9, with jurisdiction over the whole of Mysore State.

(xiv) The Controller of Imports and Exports, C.B.R. CONIMPEXTRA Building, Mai Road, Amritsar with jurisdiction AMRITSAR 'for issue of licences to registered importers who have opted to obtain their licences from him few- imports from Afghanistan.

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

(xvi) The Controller of Imports and Exports, Customs CONIMPEXTRA House, New Kandla, with jurisdiction over those NEW KANDLA districts of old Bombay State which were for- merly known as Kutch and now included in Gujarat State (including New Kandla Free Trade Zone) but excluding areas in Saurashtra.

(xvii) The Controller of Imports and Exports, Morele CONIMPEXTRA Building, Shillong, with jurisdiction over the SHILLONG State of Assam, N.E.F.A., Manipur and Naga- land.

(2) From April 1, 1969, the licensing authorities dealing with iron and steel and ferro-alloys have also been placed under the Chief Controller of Imports and Exports, New Delhi. The addresses and jurisdiction of these regional licensing authorities are given below :—

Licensing authorities and their jurisdiction. Telegraphic Address

(i) Deputy Iron & Steel Controller, Central Gov- DYLIAISON eminent offices New Buildings, North West BOMBAY Wing, New Marine Lines Churchgate, Fort, Bombay-1, with jurisdiction for issue of import licences to actual users (excluding those spon- sored by the D. G. T. D., the Jute Commis- sioner and the Tea Board) situated in the States of Maharashtra, Gujarat, Madhya Pradesh, Goa; Daman and Diu, and Dadar and Nagar Haveli and actual users sponsored by the Textile Com- missioner.

(ii) Assistant Iron & Steel Controller, Central Govt. REGNALSTEEL offices Buildings, New Town ship-IV, Faridabad, FARIDABAD with jurisdiction for issue of import licences to actual users sponsored by the D. G. T. D. and those situated in the States of Rajasthan, Uttar Pradesh, Punjab, Haryana, Jammu & Kashmir, Himachal Pradesh, Delhi and Chandigarh.

(iii) The Joint Chief Controller dt Imports and Ex- CONIMPEXTRA ports (Iron and Steel Division), 33-Netaji CALCUTTA Subhas Road, Calcutta-1, with jurisdiction for issue of import licences to the following cate- gories :—

(a) Actual users (except those whose sponsor- ing authorities are the Director General of Technical Development/Textile Commis- sioner) in the States of West BengaJ, Bihar, Orissa, Assam (including N. E. F. A.), Nagaland, Tripura, Manipur, and Andaman and Nicobar islands and also actual users whose sponsoring authorities are Tea Board/Jute Commissioner.

(b) Public sector undertakings including S.T.C., M.M.T.C, Major steel plants as well as steel plants in the private sector.

(c) Import applications against Government contracts i.e. contracts placed by the D.G.S. & D., Railways and Defence.

(iv) Dy. Asstt. Iron & Steel Controller, Shastri DYLIAISON Bhavan, Central Govt. offices Building, BIock-2, MADRAS 35, Haddows Road, Madras-6, with jurisdiction for issue of import licences to actual users (ex- cluding those sponsored by the D.G.T.D., the Jute Commissioner, the Tea Board and the Tex- tile Commissioner), situated in the States of Tamil Nadu, Mysore, Andhra Pradesh, Kerala, Pondicherry, Karaikal, Mahe, Yanam and Lacca- dive, Minicoy and Amindivi Islands.

(3) The jurisdiction of the licensing authorities for the purpose of licen- sing under the import policy for registered exporters is given separately in Chapter V of this book.

CHAPTER II

GENERAL LICENSING PROCEDURE

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

Categories of importers

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

(i) 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 lioences are considered in terms of the relevant policy in force.

Application Forms

8. (1) The applications for licences are required to be made on pres- cribed 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, (iiii) actual users borne, on the registers of the Directorate General of Technical Development, (iv) Public Sector projects/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, for revalida- tion of import licences and for replacement 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 thnn those borne on the books of the D.G.T.D., may also be available from the offices of the State Directors of Industries.

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

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 stated in the application.

(2) An application which is not duly signed by a person authorised to sign it. on behalf of the applicant, will be liable to be summarily 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 Ap- pendix 2 to this book. The scale of application fees has been revised with effect from the 1st May, 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 prescribed 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 Controller 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 Gov- ernment 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 rnajor 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 Orga- nisation', 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 licensing period, in the column : "full particulars' in the challan form T.R. 6, and must be attached to the application, before sub- mitting the same to the proper authority. The application must also contain details of the treasury receipt, under which the requisite fee has been deposited.

(6*1 Applicants are advised, in their own interest, to prefer the treasury challans to the licensing authorities, complete in all respects. 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 certificate from the treasury office/bank/Accountant General, Commerce, Works and Miscel- laneous, 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,

• * * > 3 /8 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

[ P A K T I — S E C. 1]

to the effect that the treasury/bank reccipt/challan in question, has been lost and has not been utilised in obtaining or applying for a licence orforclaim- ing a refund or im 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. Tae particulars of the treasury/bank receipt/ challan, namely, the licensing period, the amount and description of goods etc., should als" be stated in fh" affidavit.

fiaenptioa krnrn faymtemt of lees

11. (1) Exemption has been granted from payment of fees on applica- tions for licences ia certain cases, in terms of Clause 4 of the Imports (Con- trol) 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 peisonal use of the applicant, for purposes not connected with trade or manufacture, irrespective of the value of such goods. This exemption is not, however, agpkotMc 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 Aiaa 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 Cen- tral Government, or local authority, or an educational or charitable institu- tion importing goods for its own consumption, even if the import is made through another agency, under a letter ot authority.

(4) If any applicant belongstoany 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 kern 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 except hi the circumstances specified in Clause 4 of the Imports (Control) Order, 1955, dated the 7th December, 1955.

(2) An application for refund of fee will be entertained by the licens- ing authority, within whose jurisdiction the fee was paid. While making the application for refund, the applicant should send 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 the 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; (f) Name of the sponsoring authority, if the application has boeo or was required to be submitted through any such authority; and

(g) Reference number and date of the last communication received from the licensing authority.

(3) The applicant should also state clearly the reasons for claiming 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 enter- tainable, if made after the expiry of 3 years from the date when the right to have the refund of the fee accrued.

(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 lort the original treasury/bank receipt or challan, the licensing authority may accept a certificate from the treasury office/bank/Accountant General, Commerce, Works and Miscel- laneous, 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 Central 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-tax Verification

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

(2) Where the import of any goods has been canalised through a reco- gnised agency and the actual users or others arc required to obtain allot- ments 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 Certificate 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,

(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 for the subsequent two successive financial years.

(5) Applicants in whose cases the production of I.V.C. Registration/ Exemption Number, has been dispensed with, are categorised in the Ap- pendix referred to in sub-para. (3) above.

(6) Interim relief: In the absence of a valid I.V.C. Registration/Ex- emption Number, where required, the applicant will be given a specified time to produce it, failing which the application will be liable 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 licens- ing authority may dispose off the application for licence from any actual user or established importer 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, however, be available to an applicant in two successive licensing periods.

Classification of stores

14. The Schedule I to the Imports (Control) Order, 1955, reproduced in Appendix 2 to this book, commonly known as the I.T.C. Schedule, con- tains the classification of all the articles that enter pinto 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 manufactures thereof.

Part II—

(i) Metals and manufactures thereof, other than those covered by Parts, I, IV, V and VI of the I.T.C. Schedule.

(ii) Machinery, spares and mill stores required for certain indus- tries like jute, tea, iron and steel, electric supply undertakings, mines and quarries.

(iii) Engineering stores, such as ball bearings, small hand tools, pre- cision 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 I I I—

(i) Certain chemicals and auxiliaries used in the textile industry 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 machi- nery, chemicals, manures, paints, and colours and 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. classification, 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 being 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 is correctly described in the import licence, even if the I.T.C. classification 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 calssiflcation

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. classification of any parti- cular article. If an importer is in doubt in regard to the correct classification of any article, he should make a reference to the appropriate regional licens- ing authority for clarification and advice in the first instance. To enable such authority to take a correct view in the matter, the importer should give the fullset description 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 indi- cated. The I.T.C. authorities will attend to such enquiries on an urgent basis.

(2) Where the regional licensing authority is not a position to determine the correct I.T.C. classification of an article or where there is a difference between one regional authority and the other in regard to such classification, the matter is referred to the Chief Controller of Imporst and Exports, New Delhi. Such references are resolved by a Committee in the Office of the Chief Controller of Imports and Exports, New Delhi, where the Directorate General of Technical Development and the Central Board of Excise and Customs are also represented. The decisions taken hi the Office of the Chief Controller of Imports and Exports in regard to the I.T.C. classification are announced by means of Public Notices wherever necessary. 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 devided into two major groups (i) the Dollar Area and fii) the Soft Currency Area, for licens- ing 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

(ii) "Specific licences", such as, licences issued under Capital Goods and H.E.P. schemes, licences issued for import from rupee pay- ment area, etc., which are valid for import from specified coun- try 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 Govern- ment of India, late Ministry of Commerce Order No. 9/65, dated the 17th November 1965, from Tibet-region of China vide late Ministry of Com- merce Order No. S.O./3742, dated 17th December, 1962, and from Portugal vide late 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 financial 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 available 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 m the mid-term of the finan- cial year, are separately notified by means of Public Notice.

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

Licensing authorities

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

(2) Unless otherwise provided, an application for import licence in res- pect of an item should be made to the licensing authority as shown in the relevant Import Trade Control Policy. Where the licensing authority is shown as port or regional licensing authority, 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 the 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 example, Bombay, Calcutta, etc., all the applications for that item should be made to that authority, irres- pective of the jurisdiction of any other licensing authority, in relation to the location of the applicant's 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 organiza- tions at different places, falling under the jurisdiction of different licensing authorities or one licensing authority, he should submit separate applications for each unit in respect of each end product (which includes related end products) to the licensing authority concerned through the sponsoring authority.

However, in case of actual users bome on the register of DGTD and 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 organiza- tions in respect of the same end-product (which includes related end-pro- ducts) 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 ap- plication 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 havmg offices in Delhi and Calcutta, if thes quota certificate Is inthe name ofDelhi office the application should be addressed to the Joint Chief Controller of

Imports and Exports, Central Licensing Area, New Delhi. The same prin- ciple will apply where different branches of an established importer have been functioning 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 licences against all its imports through different ports; while the branch situated in the jurisdiction of, say, Joint Chief Controller of Imports and Exports, Calcutta, will, similarly, apply to him on the basis of its total imports. 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 Deputy Iron and Steel Controller, Bombay, the Assistant Iron and Steel Controller, Faridabad, and Dy. Assistant Iron & Steel Con- troller, Madras and the Iron & Steel Division of the office of the Joint Chief Controller of Imports & Exports, Calcutta, are the licensing authorities for controlled items of iron and steel (including ferro-alloys) falling in Part I of the I.T.C. Schedule. From April 1, 1969, these licensing authorities have been placed under the Chief Controller of Imports and Exports, New Delhi.

(2) I.D.A. industries: Actual users engaged in the I.DJA. priority indus- tries (listed in Appendix 6) should, in respect of their requirements for iron and steel items for these industries, apply for import licences to the respective I.T.C. authorities, and not to the licensing authorities, referred to in sub-para (1) above. In this connection, attention is invited to the pro- cedure for submission of such applications laid down in Chapter' IV of this book.

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

(4) Registered Exporters' policy: Applications for licences in respect of iron and steel items under the import policy for Registered Exporters should be made to the I.T.C. authorities, and not to the Iron and Steel Cont- rol licensing authorities, referred to in sub-para. (1) above.

One application for each commodity In one licensing period

23. (1) An applicant should make only one application in a licensing' period, in respect of goods falling under the same serial or sub-serial num- ber of the I.T.C. Schedule, except in the following cases or where otherwise- provided:—

(a) Machinery items, required by actual users. (b) Raw matcrials/components/spares required by actual users;

and

(c) Applications for licences made under the import policy for Re- gistered 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 th( relevant columns of the application. Any omission or breach of this rul< will render the applicant liable to be debarred from receiving licences, with- out prejudice to any other action that may be taken against him under thf Imports and Exports (Control) Act, 1947 or the Order issued thereunder.

Registration of Licences at Ports

24. (1) A licensee is required to get his licence registered with the Customs authorities at a specified port. The licence will be valid for im- port only at the port of registration specified on the licence, except where the Customs authorities at the port of registration, on a sufficient cause being shown to their satisfaction that the goods had to be imported at a different port, permit the issue of a release advice for import at a port other than the specified port.

(2) The applicants should invariably indicate in their applications foi import licences, the particular port where they intend to register the licence, if issued, with the Customs authorities. The licensing authority concerned will indicate in the licence the port of registration by an endorsement made thereon.

(3) The licensing authority may entertain requests for amendment in regard to 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 intimated to the Customs autho- rities at the port of registration originally indicated in the licence.

(4) Requests for amendment in regard to the port of registration in respect of licences issued by any licensing authority will be entertained by all the regional licensing authorities.

(5) Where the Customs authorities at the port of registration issue a "release advice", the Customs authorities at the port of clearance will allow clearance on the basis of such "release advice" if the import is otherwise in order. In such cases, the import licence will be debited by the Customs 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".

(6) The provision of this paragraph will apply to import licences issued on or after 1st April, 1970. For earlier licences, the provisions of the rele- vant Import Trade Control Hand Book of Rules and Procedure will apply.

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 autho- rity 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 prescribd last date falls on a public holiday or a bank holiday, applications, complete in all respects, received on the fol- lowing working day will be deemed to have been received by the last date.

(3) In deserving cases, the licensing authorities may condone Postal delays caused in cases where the applicants despatch then applications wcU in time.

Important hints to Importers

26. (i) The application for licence should be made in the prescribed 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 accessary. If the applicant is not able to give answer to any particular column, he should give a positive reason for the same.

(iii) The information in the prescribed form should be given faithfully and correctly.

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

(v) The original 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 application 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 other- wise provided.

(x) The postal address of the applicant should be given completely and neatly.

(xi) The correct and complete reference number, if any, of the licensing authority should be quoted.

(xii) The application should be sent by post to the appropriate licens- ing authority or sponsoring authority concerned, as provided in the proce- dure, 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 General of Technical Development should also quote in their applications the code number allotted to them by the DGTD. If no code number has been allot- ted, 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 unto in respect of raw materials and components for each end-product (including related end-products), 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 tune 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 licensing authority are strictly in accordance with the list cleared by the DGTD.

(xvii) Enquiries regarding interpretation of policy or procedure may be addressed to the Chief Controller of Imports and Exports, New Delhi.

(xviii) On receiving an import licence, the licencee should carefully check whether the licence received by him is complete in all respects. In> particular, the licencee 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 licences.

(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 affixed 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 con- ditions 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 licens- ing authority.

(i) Every signature of the licensing authority appearing on the licence, or on the list attached to the licence, or on the condi- tions attached to the licence, has been duly authenticated 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 licencee 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 doing the needful.

CHAPTER III

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, (iv) a limited company or (v) any association or body of indivi- duals.

Basic Period

28. (1) With effect from April 1970—March 1971, the basic period will be from 1st April 1951 to 31st March 1968, for all items, unless otherwise provided.

(2) No application for fixalion/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 1937-38 to 194445 and from 1945-46 to 1950-51, will con- tinue 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 number, under the concession of interchangeability or under other provisions appli- cable to established importers, or others. In such cases, appli- cations for fixation or establishment of quotas will also not be entertained.

(iii) In respect of imports made during a financial year within the prescribed basic period by the head office or a branch of an established importer against a consolidated import licence obtained by the head office or a branch on the basis of past imports standing in the name of the head office and the branches.

(iv) In respect of imports made during a financial year within the- prescribed basic period on the basis of more than one quota licence issued to an established importer in respect of the same quota certificate for different licensing periods.

(4) Except in cases covered by sub-para. (3) of this paragraph the importers can apply for re-fixation or re-establishment of their existing quota certificates on the basis of past imports during any of the years from 1961-62 to 1967-68, or during any other year, within the prescribed basic period, provided such other year has been included in the basic period for the first time during the licensing period 1968—March 1969, or the importer was unable to apply for rc-fixation of quota earlier on account of a change in the ownership or constitution of business for which the application for TQR was pending, or he could not apply earlier for other valid reasons beyond his control to the satisfaction of the licensing authority.

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 of acceptance of his past imports of a particular commodity falling under a serial 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 Appendix 7. Import licences are granted to established importers on the basis of valid quota certificates.

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

(3) After the grant of the quota certificate, if the licensing authority, has any doubt, it may call for the original documents to recheck the appli- cant's past imports and, on verification, the quota certificate may be amend- ed, 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 misrepresentation.

Documents to be furnished for fixation or refixation 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, copy of original 'into bond' Bill of Entry and 'Ex-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 goods imported;

(iii) Bank memo., Bank draft or other evidence of payment, such as a certificate from the concerned Bank or the original Exchange Control copy of the licence showing endorsement of the amount remitted duly authenticated by the Bank, and particulars of licences, etc., against which the imports were made. Jsf.B.—(a) In the case of duty-free goods, if the importer is unable to pro- duce Exchange Control copy of the Bill of Entry on the ground that it had been retained by the Reserve Bank of India, 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 the satisfaction of the licensing authority and^where the importer is able to produce evidence 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 :—

(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 licensing 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 considered on merits by the licensing authority after the importer concerned files an affidavit in the form given in Appendix 8 to this book.

(iv) In the case of imports made by post, the Postal Declaration 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 payment and the rele- vant invoice duly attested by a Customs Appraiser, will be accepted in lieu.

(b) In cases where the importers are unable to 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 Assis- tant Collector of Customs, Postal Appraisement, will also be

accepted in lieu of the prescribed evidence; provided the importer files an affidavit to the effect that he has not claimed a quota previously on the basis of the postal way bills, memo- randa of payment 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 metnos) and any other satisfactory evidence of payment for the imported goods, will be accepted.

(2) Apart from the original documents of past imports as prescribed, the application for establishment/re-fixation of quota should also be accom- panied 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 or 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 concerned. Such provisional quota certificate will bear the following endorsement:—

"Provisional for one period only and 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 endorse- ment 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 imports¹ of the applicant, i.e., the c.i.f. value of his imports of goods falling under the same' serial number or sub-serial number from the General Area/ Pakistan in a common completed financial year selected by the importer within the prescribed basic period. The licensing authority 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 1960—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 certificates 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, Nepa", Tibet, Bhutan, Sikkim 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 basis 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.

Imports which will not be counted as basic imports

33. The following categories of imports will not be taken into account in 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 whether on payment of fine/penalty or otherwise. 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 or of the Defence Ministry.

(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 g^oods for stock and sale purposes only) or licences granted subject to express con- dition 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/H, S. No. 4 /m 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 promo- tion 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 OF imports as samples.

(m) Imports of equipments against licences issued under the Irriga- tion Projects Licensing Scheme.

(n) Imports made under licences issued through inadvertence or mistake or contrary to rules or provisions of Imports (Control) Order, 1955, as amended, or obtained by fraud or misrepresen- tation, 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.

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

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

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

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

(t) Any other imports which do not qualify for quota under the import policy in force.

Imports allowed under warning by Customs—Acceptance for 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 the goods are 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, wiU quality 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 authorities;

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

(e) In the case of imports by land route, the date on which Customs 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 authorities for clearance of the goods for home consumption.

Procedure for quota fixation in case of change hi the classification of Hems

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 wfll take into account the past imports of such item or article for estab- Ushment/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-fiiatron/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 quotes

37, (1) Applications for establishment or reflxation of quotas should be made in the prescribed form (Form lF"), and should be accompanied by:—

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

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

(iii) a statement of basic year's imports in the prescribed form, supported by relevant documents mentioned in paragraph 30 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/refutation of quotas will be enter- tained, if otherwise admissible, in respect of items for which the basic period

lias been extended or in cases in which the licensing authority is satisfied ihat the applicant has been unable for some good reason e.g., litigation or financial difficulties etc., to prove his basic imports and to establish ills quota to participate in the import trade in, the previous licensing periods. The need for establishing fresh quotas will also arise in cases m which the item or article in question has been allotted a separate serial number, or the 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/refixation 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 due to circumstances beyond the control of the applicant.

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

(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 (heir 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 (or quota: Applications for establishment/ re-fixation of quotas received incomplete, or after the prescribed last date, will be liable to be summarily rejected. The 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 either 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 quota 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 for establishment/re-fixation of quota, which is not otherwise accept- able 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 late or deficient application has been made.

Fixation of quota for items under O.G.L. or S.G.L. or which are banned for import or whose imports are canalised

38. No application for fixation or refutation of quota for items which are under O.G.L. or S.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.

(ii) Where an importer holds a quota certificate for a aerial 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;

(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.G.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 being 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 vahie of past imports on which no quota certificate will be granted.

Quota percentage on articles as given in the relevant Tmport Trade Control Policy.

(i) 25% or less

Rs. 100/-

(ii) Over 25%

Rs. 200/-

(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 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 fore© 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 the 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 off within a period of 21 days from the date of its receipt in the Quota Fixation Section, the licensing authority will issue an interim reply to the applicant. 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 interview with the Officer con- cerned 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. However, such of the importers who had not received quota certificates on 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 that, 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).

Issne 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 quota certi- ficate. 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 by frequent handling, the established importer can apply for the issue of a duplicate quota certificate 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 lor 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 or 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.

(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. autho- rity, it is not necessary for the new or the reconstituted concern to submit their applications for the grant of quota licences within the prescribed date- in respect of quotas standing in the name of the original concern. In such cases, the established importer should make applications for quota licences within a period of 30 days from the date of endorsement of quota certificate or issue of fresh quota certificate, based on the applicant's recognition as established importer. 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 paragraph 47 of this book will be appli- cable in the disposal of such applications 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 establisnment/refixation of quota to the licensing authority concerned as provided in paragraph 37 above. Previously, the application for the estab- lishment of quota used to form part of the application for grant of licence; but in the interest of simplicity and despatch, the application for establish- ment or revision of quota is now required to be made separately.

(6) Where an applicant has submitted an application of establish- 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 certificate 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 reflation of quota, 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 of the application for reflation of quota, even if the applicant intends to make an appeal against the rejection.

(7) Applications received after the prescribed date are liable to be sum- marily rejected. Applicants are, therefore, advised in their own interest to submit applications complete in all respects much in advance of the prescrib- ed last date. The licensing authority may, however, entertain an application from an established importer for quota/additional/supplementary licence which is received complete in all respects or is completed by supplying the deficiencies within 30 days from the prescribed last date for 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 quota/additional/ supplementary licence, if otherwise due, will be reduced by 25 per cent. If, in such cases, the application is received complete in all respects or is com- pleted after a period of 30 days but within 60 days, the value of the licence, otherwise admissible, will be reduced by 50 per cent. This cut will also be applicable to minimum value quota/additional/supplementary licences.

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

(8) It may be clarified that where an import licence is subject to cut in value in terms of the 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 entitle- ment in such a case wil be 50 per cent or 75 per cent, as the case may be.

Procedure for 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 remov- ed for the purpose of issuing import licences with effect from the period April 1961—September 1961. Consequently, established importers are required to make only one application for a quota licence on 'General Area⁷, on the basis of the past imports in any financial year, within 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) In 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 res- pectively, 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 form- er 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 past imports shown in the quota certifi- cates fall in the same financial year within the basic period. But if the imports fall in different basic years, the established import- er will be free to claim a quota licence only on one quota certificate which may be advantageous 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 General 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 pn the combined value of the two quota certificates. In such cases also the established importer should submit only one appli- cation for a quota licence

Note.—It may be clarified that the concession of granting quota licences on the combined value of two 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 go ods, 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-serial nos. The fresh 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 selected by the importer within the prescribed basic period.

(iii) The established importers should give declaration in the follow- ing 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' meant for established importers and need not, therefore, be furnished separately. This declaration is also not necessary in the case of applications 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 certificates pertaining to the past imports from Pakistan, The value of such separate licences will be calculated on • the same quota percentage as is applicable in respect of the item concerned 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 hi terms of para 39 above, the minimum value of quota/additional/supplementary licence- issued to him will be Rs. 1,000/-, unless otherwise provided.

(2) In the case of division of quota of an established importer on account of dissolution of the partnership, death of the proprietor, partition of the Hindu undivided family or any other reason, the division of quota is allowed to enable the succeeding parties to get their proportionate shares 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 Jiad there been no 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 provi- sions 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.

Establishment 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 alowed 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 and full particulars of the licence-holder and the benefit of past imports for the purpose of quota fixation will be given to the branch holding the licence against which the imports have been effected and not to the branch which .cleared the goods.

(4) For the purpose of determining whether the applicants are separate entities or branches, the following will be the criteria :—

(i) If the concerns are assessed to income-tax jointly i.e., have a common I.V.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.

(iii) 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.

Issue of import licences to established Importers against applications

lor back periods.

47. Although every possible effort will be made by the licensing authori- ties to dispose of all die 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 application 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 trade 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 of cases covered by category number (ii), the applications foe 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. In the case of composite serial number or sub-serial no. of the I.T.C. Schedule, covering more than one item/specification, the licence will be valid only for such of the items/specifications, covered by the serial number or sub-serial number, in question, as are licensable to established importers at the time of issue of the licence;

(b) Where the item concerned is not licensable to established im- porters at the time of issue or 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 for 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 fb) 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 hoc basis and issue licen- ces for permissible items in lieu of banned and canalised items- Such licences where granted will be subject to such restrictions,.

limitations or conditions and for such value as may bo deemed fit 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 licensing period in which the licence has been issued and not the policy for the period to which the application pertains.

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

48. An established importer may bo (i) an individual, (ii) a partner- ship concern, (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 establishment 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 hi 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 be sent, in the form given in Appendix 9, to the licensing authority con- cerned with the issue of the licence, within two months 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 importers business, without any change hi 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 TOR 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 sperated 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.

53. Where an established importer is a limited company and the company is amalgamated with another limited company, the 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 other evidence of amalgamation.

54. Application for TQR.—An application for TQR should he 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 all 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 iron & steel items only, should appty for TQR to the respective regional licensing authority dealing with such items.

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 relinquishment should be produced; (iii) If the transfer of quota in favour of any legal heir or heirs is claimed on the basis of a VilT, 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 concern;

(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, deed of dissolution should be produced;

(vii) Where a common 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-paras, (ii) and (iii) below, an established importer is not allowed to transfer his business to which a quota is attached, except as a whole :

(ii) If an established importer has two or more branches, each having a separate quota in respect 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 a 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 several 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 transferor and the transferee will be required to select common basic year for the same or 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 terms 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 hi 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, he can apply by producing an attested copy of the transfer deed with an evidence to show that the original deed has been deposited for registration and should 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 in 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 (11 of this paragraph, the transferee will be eligible to the transfer of 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 TQR 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 off applications for TQR expeditiously. If an application for TQR, made complete in all respects, is not disposed oft within a period of one month, the licensing authority will issue an interim reply to the applicant. If an applicant does not re- ceive an interim 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 the Enquiry Officer in order to know the reason for the delay in the dis- posal of his application

60. (i) Where an established importer has, duly made an application 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. The licensing authority may also consider the grant of licences in favour of new owner(s) of the business or the reconstituted concern etc. against other pending claims of the old owner(s) of the business, if otherwise admissible, provided the agreement between the parties or the affidavit of relinquishmcnt speci- fically contains a provision to this effect.

(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.

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 sot required to be made under the foregoing provisions, the application for licence should be accompanied by a declaration in the form given ia Appendix 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 person 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 autho- rity finds that the established importer is not entitled to the whole or a part of the quota on the basis of which he has been claiming licences with- out obtaining 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 paragraphs 65 above is made to the licensing authority concerned within three months from the date of the change in the constitution 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 quota in 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 objector.

67. It 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 not in public interest or for continuity of any business;

(iii) It the licensing authority decides that the transfer/division of quota is sought with an intention to defeat the transferor's: creditors; and

(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, if it is found—

(i) That the application for recognition and grant of quota contained any false, fmdulent 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 or fraudulent practice in respect of his application; and

(iv) That the recognition and the quota has been granted through inadvertence or mistake or contrary to the provisions of these rules or due to any fraud or misrepresentation.

Permission for utilisation of quota licences

68A. Where an import licence has been granted to an established importer and after 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 hi terms of sub-clause 5(3) of the Imports (Con- trol) 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 Class Magistrate or Notray 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.

(.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 dissloved 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 transferred in their name. A suitable endorsement giving the number and date of the order, under which division/transfer has been allowed by the 1TC 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 concern is required to apply for TQR, the quota certificates should be produced to the licensing authority concerned for necessary endorsement/amendment immediately and, in any case, not later than 30 days, after the new owner or the reconsti- tuted concern, as the case may be, has been recognised as an established, importer.

CHAPTER IV

ACTUAL USERS (INDUSTRIAL)

69. (1) Definition.—Actual users (industrial) are those who require raw materials, components, accessories, machinery and spare parts for tneir 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, (ii) scheduled industries not borne on the registers of the Directorate General 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 respect of goods required for 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, hi the prescribed form "C" as given in this Book. Actual users applying for Iron & Steel items to the Iron & Steel Control Licensing authorities should also use form "C" (Appendix—3). The applications should be accompanied.

(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 more 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 provision of this Book, or the relevant Import Trade Control Policy Book, or any Public Notice/ Trade Notice issued in this regard.

(3) Consolidated applications.—(a) An application for a licence should be a consolidated application, covering the requirements of the unit in res- pect of raw materials and components, required for the particular end- product including related end-products to which the application pertains, but excluding items licensable by the Iron and Steel Control licensing autho- rities. In the case of units engaged in industries other than the priority industries, the consolidated application should include spare parts also. Units engaged in the priority industries are required to submit separate application for spare parts including spare parts of machine tools. The appli- cants should make applications after careful consideration so that the necessity for applying for a change in the description of items or introduc- ing any new item at a later stage does not arise. Unless there are special reasons, requests for amendment or addition to the list or description of items or value thereof, will not be entertained.

(b) Tn 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 Control licensing authorities in their consolidated applications for raw materials and components, made to the Chief Controller of Imports and Exports, New Delhi, through the Directorate General of Technical Develop- ment. In such cases, no separate applications, in respect of items licensable by the Iron and Steel Control licensing authorities need be made to them.

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 user 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 code numbers are allotted by the D.G.T.D. 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 of the Office of the Chief Controller of Imports and Exports, suitable adjustments will be made in the filing and indexing system to mesh with the processing of applications for licences on the code numbers allotted by the D.G.T.D. If no code number has been allotted to a unit by the D.G.T.D., 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.—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 import vis-a-vis use of indigenous substitutes, the value/quan- tity in respect of each item and the I.T.C. classification of the items should be invariably indicated in the application for licence;

(iii) The 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 th& 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) 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); and

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

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

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 spare parts by priority Industries

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

(2) Particulars of machinery to be furnished.—Applications for the import 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 list 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 rele- vant import policy.

(ii) Import of Raw Materials and Components by Priority Industries

73. (1) Import applications on consumption basis.—The existing units engaged in the priority industries should mate their import application*

for raw materials and components, end product-wise, (including related end-products) 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.—An industrial 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, entertain 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 taketn into account for this purpose will be the balance value available in the Customs copies of licences, reduced by the amount (a) for which firm commitments have been made by opening letters of credit and (b) for which firm commitments have been made with a public sector agency for obtaining the goods from such agency against the licence, hi question, in accordance with the procedure laid down in the relevant import policy. The applicants 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 during a licensing period.

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

(4) Documentary evidence to bo produced,—In support of consump- tion etc., the application for licence should be accompanied by a statement, in quadruplicate, indicating the c.i.f., value of the imported raw materials and components consumed by the unit, th© production actually turned out, the un-utilised value of licences in hand, in the proforma appearing in Appendix 14, duly certified by a Chartered Accountant or a Cost Accoun- tant (in practice). The Cost Accountant must be a member of the Institute of Cost and Works Accountants of India, Calcutta and authorised to under- .take practice. The applicant and the Chartered Accountant/Cost Accountant should ensure that the information 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 in this behalf. The licensing authority 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 tie D.O.T.D., and the remaining three copies will be sent to the licensing authority along with the application. The licensing authority 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 a half-yearly basis.

(2) Eligibility to apply.—(a) The first application in a licensing period should be made, covering six months' requirements, after utilising the pre- vious 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 90 per cent by making firm commitment with a public sector agency lor obtaining the goods from such agency against the licence in question, in accordance with the procedure laid down in the relevant import policy, or 60 per cent by way of actual importation, or 60 per cent by way of supplies drawn from a public sector agency in accordance with the procedure laid down in the relevant policy, or 70 per cent by shipment of goods.

(b) The second application, covering further requirements for six months, may be made alter 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 copy of the Exchange Control or the Customs copy of the licence(s), as the case may be, or evidence of firm commitment made with the public sector agency, should be produced. In lieu of Exchange Control copy of the licence, a certificate from the bank concerned, in support of opening of letter of credit, may also be acceptable.

(d) There will be no last date for submission of applications during a licensing period.

(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 necessary for the applicant to include in the list, the 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) Applications for licences received in the Directorate General of Technical Development without the treasury challan showing the pay- ment of application fee or where the treasury challan furnished by the appli- cant is not of the correct amount which the applicant is required to pay on the value applied for, may be returned by the Directorate General of Technical Development to the applicant indicating to him the correct amount to be paid as application fee and advising him to resubmit the application with the treasury challan of the requisite amount within a specified time.

(2) Acknowledgement by D.G.T.D.—While acknowledging the appli- cation, the Directorate General of Technical Development wiU also inform the applicant about the deficiencies in his application. For the purpose of locating the deficiencies in an application, the Directorate General of 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 which the application pertains; and the deficiency, if any, in the I.V.C. No. may also be communicated by the Directorate General of Technical Develop- ment to the applicant along with other deficiencies in their acknowledgement cum-deficiency letter. The applicant will be given a specified time-limit to make up the deficiencies.

(3) Monthly Production Returns.—The Directorate General of Techni- cal Development will also check up whether the applicant has furnished to them the complete monthly production returns for the preceding Calendar year in respect of the industrial unit to which the application for the licence pertains. In the case of units failing to submit complete monthly production returns, applications for licences will be liable to be summarily rejected.

(4) Basis of 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 item(s) in question, by the applicant, (vi) actual production during the preceding calendar year, (vii) estimated production, (viii) policy in respect of: items sought to be imported, and (ix) other factors considered relevant and necessary, in terms of the policy in force. In his recommendation for the licence, the D.G.T.D. will indicate a separate allocation for raw materials and compo- nents, and a separate allocation for spares. The D.G.T.D. will also indicate quantitative limits in respect of items licensable on restricted basis in terms of the relevant import policy in force.

(5) Attestation of list of goods by D.G.T.D.—The recommendation of the Directorate General of Technical Development will bo forwarded to the CCA. & E. along with one copy of the application for licence in each case and the treasury challan furnished by the party. Five copies of the list of goods recommended for import by the Directorate General of Technical Development including one copy of the list duly attested by them, will also be sent to the C.C.I. & 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 therewith one copy of the list of goods applied for with such changes as 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 the number of licences to be issued against the application, the extra copies 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 imported, the D.G.T:D., while sending a copy of their recommendation to the applicant, will inform him 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 requir- ed 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 D.G.T.D., the licensing authority will check up the I.V.C. number, treasury challan and other procedural points 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, as the case may be, based on the recommendation of the Directorate General of Technical Development.

(7) Consolidated licences.—Import licences will be consolidated ones, covering the requirements of the applicant unit in respect of raw materials and components required for a particular end-product including related end-products. In the case of units, engaged in industries other than priority industries, the requirements in 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 (i) raw materials and components and (ii) spares. In such an event, it will not bo open to a licensee to divert any portion of the allocation for spare parts for the import raw of mate- rials 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 docs not, for any reason, accept the advice/recommendation of the Directorate General of Technical Development in its entirety, the necessary intimation to this effect will be given to the D.G.T.D.

(b) Copies of the forwarding letters with which licences are sent to the applicants, will be endorsed by the licensing authority to the D.G.T.D. In the subject matter of the letter in question, the 'end-product' will also be indicated. Similarly, in the case of rejection letters, copies of the rejection letters, will be endorsed to the D.G.T.D.

(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 is 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, there will be separate applications and separate licences for the import of spare parts.

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

(11) Amendment-—Requests for the 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 amendments of minor nature i.e., those not involving change in the value or items, will be entertained direct by the licensing- authority.

(12) Revalidatlon.—The procedure for making applications for revfllldation of licences is given in Chapter XI of this book.

Scheduled Industries not borne on the Registers of the Directorate General "f Technical Development and non-Scheduled Industries other than Small Scale

Import of raw materials, components and spares

76. (1) Classification into two groups.—For the purpose of import applications for raw material, 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 State Directors of Industries, or State Drugs Controllers, State Directors of Fisheries or Executive Director, Food & Nutrition Board, Government of India, New Delhi, and (ii) those look- ed after by other sponsoring authorities.

(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 \2 or other industries, the procedure for submission of applications and grant of licences 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 separately in this chapter. The appli- cations for import licences should be made by such units to the licensing authorities concerned through the respective sponsoring authorities.

(c) In respect of spare parts sought to the imported by integrated steel plants in the private sector and secondary producers and re-rollers (Iron and Steel industries), the procedure for sub- mission of applications and grant of licences will be th© same as applicable to steel plants in the public sector as laid down in Chapter VUt of this book.

(3) Application form.—The import applications should be made, in •duplicate, in the prescribed form 'B' given in this book. Actual users applying for Iron & Steel items to the Iron 8c Steel control licensing authorities should

(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; and

(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/ 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 in Appendix 15 to this book. Sponsoring authorities will forward the applications with their recommendations to the regional licensing authorities concerned/licensing authorities as indicated in the relevant Import Trade Control Policy (Red Book).

(6) Licensing authorities.—Scheduled industries not borne on the books oF the D.G.T.D., and non-scheduled 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, components 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 centralised with any particular licensing authority. However, units engaged in the following industries should submit their import applications to the licensing authorities indicated against each, irrespective 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.

(ii) Textile engineering

Joint Chief Controller of Imports

and Exports, Bombay.

(iii) 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 (C.L.A.), New Delhi.

(viii) Vanaspati

Joint Chief Controller of Imports and Exports, (C.L.A.), New Delhi.

(ix) Coir

Deputy Chief Controller of Imports and Exports, Ernakulam.

Note : Units engaged in the Textile industry (other than jute and hemp) referred to in (i) above should apply for the grant of emergency licences for-import of spare parts, to the regional licensing authorities concerned in whose jurisdiction they are situated.

(7) Consolidated applications.—An application for a licence should be 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 licensablc by the Iron and Steel Control licensing authorities or an item for which import licensing has been centralised with any particular licensing authority. In the case of I.D.A. industries, the consolidated application should also in- clude items licensable by the Iron and Steel Control licensing authorities. In the case of 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 applica- tions 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 requests for 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 in favour 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 can 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 ins- tructions as stated in sub-para (5) of paragraph 70 in this chapter, wherever applicable.

(9) Registration of non-D.G.T.D. and 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, should get them- selves registered with their respective sponsoring 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.

(c) The Registration Number allotted to the unit by the sponsoring authority should be quoted in the import application. (For the period April 1970—March 1971, applications for licences may be entertained without a Registration Number quoted therein).

Processing of applications and basis of licensing

77. (1) Scrutiny by 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 is 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 the acknowledgement-cum-deficiency letter sent to the applicant. The appli- cant will be given specific time limit within which to make up the deficiencies.

(2) Recommendation by sponsoring authority.—In cases where appli- cations for licences are required to be made through the sponsoring autho- rities, the sponsoring authority will prepare four copies of MB recommenda- tion for licence in each case in Part ILL of the application form. Of these four copies, one copy will be sent by him to the applicant, one will be re- tained in his own office and two copies will be sent by him to the licensing authority concerned along with one copy of the application and the treasury challan furnished by the party. The lists of items will also be sent by the sponsoring authority duly attested by him. In his recommendation for the licence, the sponsoring authority will indicate a separate value for (i) raw materials and components, and (ii) spares.

(3) Scrutiny by licensing authority.—On receipt of the application; the licensing authority will check up the I.V.C. No., the treasury challan and other procedural points, as required in terms of the Import Trade Control rules and regulations. The deficiencies, if any, found therein, will be communicated to the applicant giving him a specified time limit with- in which 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;

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

(in) 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;

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

(vii) policy in respect of items sought to be imported; and

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

(4) Consolidated licences.—Import licences issued for raw materials, components 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; /

(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 por'ts.

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

(5) Intimations to sponsoring authorities.—In all cases, the licensing authorities will send intimation to the sponsoring authorities concerned regarding the grant or refusal of import licences to individual units. The letters endorsed to the sponsoring authorities in this regard will also indi- cate the name of the end-product. In the case of I.D.A, industries, a separate intimation of the licence issued will be endorsed to the Iron and Steel Control licensing authority concerned.

(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.—Requests for amendments 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, requests for amendments of minor nature, i.e., those not involving change in the value or items will be entertained direct by the licensing authority.

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

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 of whether the plant and machinery are new or second-hand, will be taken into account.

(2) Ancillary nnits.—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 to 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 the 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 subsidiary of or controlled by any large unit 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 the replacement market will also fall within the scope of this criteria. Units manufacturing tools, jigs and fixtures will also be recognised as ancillary units.

(3) The procedure for the 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 Direev tors of Industries, State Drugs Controllers, State Directors of Fisheries or Executive Director, Food and Nutrition Board, Government of India, Krishi

Bhavan, New Delhi. The flat rate of application fees prescribed for small scale units will not, however, apply to such units.

Procedure for 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 autho- rity 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 regional licensing authority concerned. However, hi the case of powerlooms in the small scale sector, the licensing, authority will be the Joint Chief Controller of Imports and Exports, Bombay.

(2) Sponsoring authorities.—The sponsoring authority in the; case of small scale industrkil units is the respective State Director of Industries, except 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- Textile Commissioner, Bombay, try, and powerlooms.

(ii) Handloom industry. State Director of Handlooms.

(iii) Fisheries industry. State Director of Fisheries.

(iv) Fruits and vegetable pre- Executive Director, Food and servation industry, includ- Nutrition Board, Government ing cold storages.i of India, Krishi Bhavan, New

Dehu.

(v) Coffee industry. Chairman, Coffee Board, Bangalore.

(vi) Jute and rope industry; Jute Commissioner, Calcutta,

and Jute textile engineer- ing industry.

(vii) Pharmaceutical industry, State Drugs Control authorities, and cosmetics industry. as given in Appendix 18 to this

book.

(viii) Coir industry (including

rubberised coir products). Chairman, Coir Board, Ernakulam.

(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. Actual users apply- ing for Iron and Steel items to the Iron and Steel control licensing authori- ties' should also use form "B". This is an application-cum-recommenda- tion form, having three parts. Parts I & II are to be filled in by"the appli- cant. Part III will contain the recommendation of the sponsoring authority, and it will be filled in by the sponsoring authority in cases where applica- tions for import licences are required to be made 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 I.T.C. classification, the value/quantity in respect of each item and the end use for which the goods are required. The application should be accompanied by 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). The existing units applying direct to the licensing authorities should send one extra copy of the list of goods sought to be imported, which will be forwarded by the licensing authority to the sponsoring authority while sending intimation about the grant of the licence.

(hi) 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.

(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 (including related end-products) to which the application pertains, but excluding the items licensable by the Iron and Steel Control licensing authorities. In the case of I.D.A. industries, the consolidated application should also include items licensable by the Iron and Steel Control licensing authorities. In the case of units engaged in industries other than the priority industries, the consolidated application should include spare parts also. The units engaged in 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 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, 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.T.D. The existing units in the small scale sector should make their import applications for (i) raw materials and components and (ii) spares, to the regional licensing authorities concerned direct, and not through the sponsoring authorities. In the case of S.S.I, units, the statement of consumption etc., to be furnished in terms of sub-para. 73(4) of this book, certified by the sponsoring authority concerned, will also be acceptable.

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

(7) (a) Consolidated applications.—The existing units in the small scale sector, engaged in industires other than the priority industries, should make consolidated import applications for raw materials, components and spares required for the particular end-product (including related end-products) to which the application pertains, to the legional licensing authorities con- cerned 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 specified in sub-para 74(2) of this chapter. There will be no last date for submis- sion of applications during a licensing period.

(d) The evidence showing utilisation of the previous set of licences, in the form of original or photostat copy of the Exchange Control or Customs copy of the licence(s), as the case may be, or evidence of firm commitment made with the public sector agency, should be produced. In lieu of the 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 of 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 date 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 aa break-down of machinery, labour relations, want of funds, etc.;

(ix) policy in respect of the items sought to be imported; and

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

(2) In cases where import applications arc 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 four 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 h'cence the .\pon?oring 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 will be forwarded by the sponsoring authority through the Development Commissioner, S.S.I., 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 licensablc to actual users in terms of the rele vant import policy.

(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) If, under the relevant import policy in force, the requirement! of an applicant unit in respect of any itcm(s) are to be met through an approved agency such as the State Trading Cor- poration or the Minerals and Metals Trading Corporation, the sponsoring authority will indicate separately the value recommended for each of such items. For these items, direct import licences will not be issued to the applicant unit concerned, and the licensing authority will consider issuing release advice to enable the applicant unit to obtain itk requirements through the approved agency.

(d) In case 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 h correct. For this purpose the sponsoring authority will either ask the applicant to produce the proforma invoices or he will compare the c.i.f. 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 specific time to make up the deficiencies. In the case of applications having no deficiency, the import licence or the rejection letter, as the case may be, will be issued 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 autho- rity to the sponsoring authority concerned. For this propose a copy of the licence forwarding letter with a copy of the list of items allowed, or rejec- tion letter, as the case may be, will be endorsed to the sponsoring authority concerned. The forwarding letter will also indicate the end-product.

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

(c) In the case of I.D.A. industries, a separate intimation of the licence issued will be endorsed to the concerned Iron and Steel Control licensing authority if the licence includes iron and steel items.

(d) The licensing authority will send copies of the consumption state- ment to the sponsoring and the Central Excise authorities concerned.

(6) Consolidated licences.—Import licences issued for raw materials, components 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 an 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, rupee, etc.; and

(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.

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

(8) Tn the case of industries sponsored by the State Drugs Controllers, State Directors of Fisheries and State Directors of Handlooms in the small scale sector, the functions of the D.C. (S.S.I.), 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 D.C.(S.S.I.), control- ling authorities, the sponsoring authorities and the licensing-authorities in

the processing of applications and grant of licences to S.S.I, units, is sum- marised below :—

(a) Role of the D.C.(S.S.I.) and other controlling authorities:

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

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

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

(iv) To co-ordinate the work of licensing to S.S.I, units between the licensing authorities and the sponsoring authorities.

(b) Role of the sponsoring authorities :

(i) To recommend applications for grant of licences and forward the same to the licensing authority concerned in accordance with the prescribed procedure in cases where the import appli- cations arei required to be routed through the sponsoring authorities.

(ii) To ensure compliance with the general directions issued by the D.C. (S.S.I.) 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 other than those covered by (ii) above;

(iv) To obtain clearance from indigenous angle; wherever necessary, before recommending licences;

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

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

(vii) To send an abstract of the recommendations made to the D.S. (S.S.I.) or controlling authority.

(viii) To undertake ex-post check of the industrial units to see whe- ther 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 licensing authorities :

(i) To issue licences; in cases where licences are to be issued on the basis of the recommendations of the sponsoring authorities,

to examine whether 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.—New units are those to which no import licences, for raw materials, components and spares have been issued for the licensing periods April 1968—March 1969 and April 1969—March 1970, and which have either got the requisite machinery installed, or have made firm arrangements for machinery and premises and power supply, where neces- sary. If an unit had obtained an allotment of imported raw materials or components through the S.T.C. or M.M.T.C. or any other recognised agency, or it had obtained import licences for raw materials and compo- nents under the import policy for Registered Exporters, for any of the two licensing periods referred to, it will be treated as an existing unit.

(2) If an industrial unit has not received import licence for raw mate- rials components and spares, or allotments of imported raw materials/ components as an actual user or under the import policy for Registered Ex- porters, for the licensing period April 1968—March 1969 and April 1969 —March 1970, for any valid reasons to the satisfaction of the licensing - authority, such unit may be treated as an existing unit by the licensing authority on the recommendation of the sponsoring authority concerned. In such cases, the value of licences to be issued will be determined by the licensing authority on the basis of the recommendation of the sponsoring authority, having regard to the import policy in force and other relevant considerations.

(3) New Units (priority industries).—(a)The new units, both in the large and small scale sectors, should make consolidated application for the particular end-product (including related end-products) to which the appli- cation pertains, for import of raw materials, components and spares in the first licensing period on half-yearly basis, through the sponsoring autho- rity concerned. The first application should be made during the first half of the licensing period, and the second application should be made in the latter half of the licensing period. Both the applications should be made through the sponsoring authority concerned. There will be no last date for submis- sion of such applications during a licensing period. In the subsequent licensing periods, such units will have to apply for import of raw mate- rials, components and spares, in the same manner as laid down for exist- ing units engaged in the priority industries under the relevant import policy In force.

(b) In the case of proposed units, i.e., those which have made firm arrangement for machinery and premises and power supply where neces- sary, the sponsoring authority will recommend a licence against the second' application only after the unit has gone into production.

(4) New units (industries other than priority industries).—(a) The new units pertaining to this category, both in the large and the small scale sectors, should ma,ke consolidated import applications for raw materials, components and spares required for the particular end-product (including related end-products) to which the application pertains, to the licensing authorities concerned through the sponsoring authorities concerned.

(b) The small scale units and such of the non-S.S.I. units as are spon- sored by the State Directors of Industries, State Drugs controllers, State Directors of Fisheries or Executive Director, Food & Nutrition Board, Government of India,, New Delhi, and which have the requisite machinery installed, should ma^ce their import applications on annual basis, while the other units, including the proposed units should apply on a half-yearly basis. The second application i'rom such units can be made after the unit has utilised the licences issued aga,inst 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 appli- cation only after the unit has gone into production.

(5) 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 or 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 of the 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 1969. Under the scheme, all the small scale in- dustries consuming imported raw materials and components, non-errous metals and steel items, were required to get themselves registered with the respective State Directors of Industries, by the 31st March, 1961.

(2) The registration number allotted to the small scale industrial units under the scheme, is required to be quoted by trum in their applications for import licences, or for allotment of non-ferrous metals, steel and other materials. In the absence of the registration number, the application is liable to be summarily 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.I., registration numbers, or of any amendments therein, should simultaneously be intimated by the State Directors of Industries to the licensing authorities concerned.

(4) If, at the time of registration, the unit has no installed machinery, or is not in production, the registration certificate will bear an endorsement "Not in production." The endorsement will be deleted by the registering authority on production of evidence to show that the unit has gone into production.

(5) Units transferred from the list of D.G.T.D. units to the small scale sector should get themselves registered with the respective State Directors of Indusries.

Flexibility allowed to actual users

84. (1) With a view to providing flexibility to the industry in the us" •f foreign exchange released to it, the holders of actual user licences foi raw materials/components/spare parts, may, in their discretion, utilise theii 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 valuepprovided the total impon does not exceed the overall face value of the licence. However, if in respect of 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 value limit, or quantity limit, or face value restriction, provided the total does not exceed the overall face value of the licence.

(b) The licensee may import permissible spare sparts, small tools, and precision and measuring tools, including spare parts of machine tools, against his licence for raw materials and com- ponents, to the extent of 25 per cent of the face value of the licence, within the overall value of the licence. For this pur- pose, permissible spare parts/small tools/precision and mea- suring tools, have been defined as under;

(i) The permissible spare parts are those which arc required for the plant, machinery and equipment, installed or used in the licence holder's factory; but spare parts which are listed in Appendix (3) to the relevant Import Trade Con- trol Policy (Red Book-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 I.T.C., schedule and are shown as licensable to actual users in the relevant Import Trade Control Policy (Red Book-Vol. I) excluding those specified in Appendix 15 of the said book;

(iii) The permissible precision and measuring tools are those which are classified under Sr. No. 21 of Part II of the I.T.C. Schedule and are permissible to actual users in terms of the relevant Import Trade Control Policy (Red Book- Vol. I), and which are required for use in the licence-hol- der's factory for which the actual user licence, in question, has been issued.

(iv) Thei 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 in Schedule 'B' of Appendix II to the relevant, Import Trade Control Policy (Red Book- Vol. I) will not be allowed.

(c) Within the 25 per cent of the total value indicated in (b) above, the licensee may utilise up to 5 per cent of the total value of

the license, or Rs. 4,000/-, whichever is less, for the import of even the spares listed in Appendix 3 to the relevant Import Trade Control Policy (Red Book-Vol. I), provided these are required by the licensee for the plant, machinery and equip- ment, installed or used in his factory and the import of a single item does not exceed Rs. 1,000/- in value.

(d) The licensee may import spare parts listed in Appendix 3 to the relevant Import Trade Control Policy (Red Book-Vol. I) against his consolidated licence for raw materials, components and spares, to thei extent of 5 per cent of the face value of the licence or Rs. 4,000/-, whichever is less, provided these are required by the licensee for the plant, machinery and equip- ment installed or used in his factory and the import of a single item does not exceed Rs. 1,000/- in value.

(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 machine tools. These provisions will apply to the import licences issued on or after 1-4-1970. For the earlier licences, the provisions made in paragraph 84 of the Import Tradet Control Hand Book of Rules and Procedures, 1969 as amended, will be applicable.

(3) For the purpose of application of the provisions of sub-para. (1) of this para., the following points are clarified :—•

(i) These provisions will also apply to import licences issued to actual users under the import policy for Registered Exporters. In their caso, the overall value limit upto which permissible spare parts, small tools and precision and measuring tools can be imported against a licence for raw materials/components, as indicated in sub-para. l(b) of this para, will be taken as 25 per cent of thei face value of the licence or 5 per cent of the F.O.B. value of exports in respect of which the import licence, in question, has been issued, whichever is higher;

(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 issued to the concerned actual user;

(iv) Where a licence holder imports goods against a licence under these provisions in more than one consignment/shipment, he shall declare before the customs authorities at the time of clear- ance of the second and subsequent consignment that he has not exceeded the overall value limit of Rs. 1,000/- fixed for import of individual items of restricted spare parts in terms of sub-paras l(c) and l(d) of this paragraph; and

(v) The relevant policy for the purpose of determining whether an item is permissible or not, for availing of the provisions, will De the policy in force at the time of issuei of the licence.

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

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

(b) Trie item to be imported is not subject to any value or quantitative restrictions, in terms of the import policy in force at the time of shipment; and

(c) The import of stainless steel in any form including sheets/ plates/strips/circles, of any specifications and th© import of items licensable under the import policy in force sub- ject to production of non-availability certificates from indi- genous producers, will not be permitted under this faci- lity.

(h) The licensee may import any item of raw materials, compo- nents, spares and non-ferrous metals agajnst his licence for steel,, within the face value of the licence, provided that the item to be imported is tha^t 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 hi terms of the import policy in force at the time of shipment; (b) The item to be imported is not subject to any value or quan- tative restriction, in terms of the import policy in force at the time of shipment; and

(c) The import of milV powder, man-made fibre and yam (cellu- lose and non-cellulose), polyethylene, P. V. C. resins and cellulose acetate butyrate moulding powder, will not be; permitted under this facility.

(2) Import licences issued to actual users against free foreign exchange for the import of raw materials, spares, components, non-ferrous metals and steel will automatically be valid for utilisation in the manner indicated

in sub-para (1) of this paragraph. It will not be necessary for the licensee to obtain a specific endorsement from the licensing authority for this pur- pose. At the time of clearance, the licensee will be required to produce to the Customs authorities the necessary evidence to enable them 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 ajso be treated as licences for steel items for the purpose of the provisions made in this paragraph.

(4) Import licences issued to actual users under the import policy for Registered Exporters can also be utilised in terms of the provisions of this paragraph. It is, however, clarified that the terms "valid actual user im- port licence" used in sub-paras. l(i) and l(ii) of this paragraph does not include a licence, issued under the import policy for Registered Exporters, and licences issued under the National Defence Remittance scheme.

(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 1-4-1970. For earlier licences, the provisions made in paragraph 85 of the Import Trade Control Hand Book of Rules and Procedure 1969, 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 for such licences; and it will 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 to 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 the sponsoring authority for suitable amendment in the quantity limit already indicated in the licence. In such cases the licensee should also give rea- sons in support of his request, which will be considered by the licensing .authority on merits.

Imports through Public Sector Agencies and eligible Export Houses

87. (1) It will be open to an actual user not to apply for a direct import licence in his favour for import of raw materials/components, but to ap- proach the State Trading Corporation, the Minerals and Metals Trading

Corporation, Stale Small Industries Corporation or any other similar public sector agency, or a recognised eligible merchandising export house holding a certificate of eligibility issued by the Chief Controller of Imports and Exports, for importing the goods, provided that such an agency is willing to undertake the import. The import requirements of such actual users will be pooled and imports will be arranged in bulk through the agency con- cerned.

(2) In cases covered by sub-para (1), the application for the grant of an import licence should be made by the agency concerned, to the regional licensing authority concerned. Such application should be made in the form prescribed for established importers (i.e. Form 'A'), as given in Appendix 3. The words "Established Importers" at the top of the application form should, however, be struck off and replaced by the words "Importing Agency" in red ink, and clause 7 of the form should also be deleted. The agency concerned can make a consolidated application, covering the require- ments of more than one unit. The application should be accompanied by:—

(i) Applications in Form 'B' (given in Appendix 3), duly filled in and signed by each of the actual user concerned without trea- sury challans towards application fee;

(ii) A statement indicating particulars of the units concerned, name- ly, name and address of the unit, the end-product, the value applied for in each case, and the aggregate value;

(iii) Treasury challan showing the payment of application fee. The amount of application fee to be paid should be calculated on the aggregate value applied for, in accordance with the pres- cribed scale of fees, and not in relation to the requirements of each actual user separately;

(iv) Supporting documents laid down for actual user applications in terms of the relevant import policy;

(v) Five copies of the consolidated list of goods sought to be im- ported by the agency on behalf of the actual users concerned. In the list of items, separate value limit should be indicated against each item the import of which is canalised through a public sector agency, within the overall value applied for. For such items, release orders will be issued on the canalising agency.

(vi) Any other document that may be considered necessary.

(3) Consolidated import liccnce(-s)/release order(s) will be issued in such cases to the importing agency concerned according to available sources of financing. The value of the consolidated licence/release order to be issued will be equal to the aggregate value of all the licences/release orders, which could have been issued to the individual actual users, had they applied sepa- rately. Such licences/release orders will be subject to the condition, inter- alia, that the imported goods shall be distributed by the licensee to the actual users whose particulars are shown in the relevant import applica- tion (s), for use in their respective factories.

(4) The provisions made in this paragraph will not apply to new units and to the applications made by actual users under the import policy for Registered Exporters.

(5) Actual Users on whose behalf import licences have been issued to the importing agencies under these provisions can apply for their subsequent licences as admissible under the policy in force, whether direct or again through an importing agency. Tn such canes, the eligibility of the actual user to the subsequent licences will bo determined by the licencing authority in terms of the relevant impnrl policy without having regard to the extent to which the previous licence has been utilised hy the importing agency.

(6) These agencies can also import goods on bcha,lf of actual users, against the licences for raw materials, components and spares issued to actual users. It will not be necessary for the licence holders to obtain a letter of authority for this purpose in favour of the importing agency, as provided in Chapter XI fi of this l"uok.

(7) Actual users holding valid import licences for raw materials can also obtain supplies 'off-the-shelf' from the STC/MMTC against such licences in accordance with the procedure laid down in this regard under the relevant import polic). To the extent the poods ai.; supplied hy these agencies, the licences, in question, will not be valid for direct import by the licence holders.

Co-operative Societies Engaged in Industrial Troduction

88. (1) For the purpose of these provisions, a cooperative society will mean aiH 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 cither be engaged in providing 'services' lo 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 mem- ih'js vho arc engaged in production on their own account.—(a) A co- operative society can apply for import of raw materials, components and spares on behnlf o£ its member units engaged in industrial production in their respective factories/workshops. The procedure for submission of appli- cation 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 . ft should also be supported by an undertaking on a plain paper from each member ur/t of the society to the effect that the imported goods supplied to it shall he used by it in its factory/workshop; and no portion thereof shnll be sold [o iv permitted to be utilised by nn\ other party.

(c) In casci 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 k in-char"£ of the development of the society; ::rd the rppticafions in :,L;LVI arm tan be made through him.

id) The application should be supported by a treasury cb.all.iD. towards application !'LL\ rfhcj .-piou'it i^( :'ip!:e.iliofi iVr to be paid should bo- '-alcjlatc.i on tin- iota! value applied for, in accordance with the prescribed scale of fees, and not in relation to the requirements of each member unit separately. L 1 CC of I & E/69 4

(e) The applicant society will be required to furnish valid I.V.C. Regis- ti ation/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 I.V.C. 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.

(g) Import licences issued in such cases will be subject to the condi- tion, 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 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 its own account, or by providing only the commoi 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 for 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 regarding utilisation of the imported material. Tn such cases, the licence, will be subject to the 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 ap- plication, 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 sha]l maintain proper account of con- sumption of the imported material in the prescribed manner.

Conditions of actual user licences

89. (1> import licences issued to actual users, including those issued under the import policy for registered exporters, will be subject to the following condition inter-alia :—

"This licence is issued subject to the condition that all items of goods imported under U, 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 no portion thereof shall be sold to any other party or utilized or permitted to be used in any other manner.

The goods so processed in another factory shall, however, be utilised in the manufacturing processes undertaken by the license;. The licensee shall maintain a proper account of consumption and utilization of the goods imported against the licence in the prescribed manner and produce such account to the licensing authority, sponsoring authority or any other, autho- rity concerned, within such time as may be specified by such authority."

(2) The above condition will be in addition to any other conditions imposed or deemed to have been imposed, on a licence under Clause 5 of the Imports (Control) Order, 1955. dated the 7th December, 1955, as amended.

Grant of Emergency Licences for Spares

90. (1) Applications for the grant of licences for import of emergency spare parts, i.e., spare pints 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 months' ueriod, will also be considered from actual users of all categories as and when received. This facility will also apply to applications for emergency spare parts for machine tools. Such applications will be dealt with, in terms of the relevant import policy in force.

(2) Applications for the import of emergency spare parts should be made to the licensing authorities concerned, except that:—

(a) Units engaged in the textile industry (other than jute and hemp) should apply for import of emergency spare parts to the regional licensing authority in whose jurisdiction they are situated; and

(b) Units borne on the books of the DGTD can also apply to the regional licensing authority in whose jurisdiction the factory of the unit is situated. Such units should, therefore, with each application for import of emergency spares, furnish a declara- tion indicating the C.I.F. value of such licences already obtain- ed by the unit for the same licensing period and the value of applications for such licences for the same licensing period pending with the licensing authorities.

(3) import applications for emergency spares should be made in the simplified application form prescribed for this purpose (form 'I.'), appear- ing in Appendix—3.

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

(5) The applicants should indicate in their applications, the country from which the original equipment was imported as also the country

from which the spare pnrtt. arc sought to be imported. The application should he boldly stumped 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 during a licensing period,

(6) The maximum value limit up to which import licences under this provision may be issued to an unit in the course of a licensing period, will •,:i r;s under:—-

(a) Rs. 10,000/- in the case of large scale units taorrje on the books of the D.G.T.D., Textile Commissioner or Jute Commissioner.

(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.

(7) It will be necessary for an applicant to furnish the list of spares sought to be imported, indicating the c.i.f. va,lue of each item. It will not be open to the licensee to import spare parts listed in Appendix 3 to the Import Trade Control Policy (Red Book-Vol. J1 for more than Rs. 1,000/- out of the maximum amount indicated in sub-para. (6) above.

(8) 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 periods

91. (1) Where an application for an import licence from an actual user is not disposed of during the licensing period concerned, on account of any dejay 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 application 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, tK- authorities concerned will consider such an appli- cation 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 hmd; past imports and consumption of the item(s) in question by the applicant, actual produciion during the preceding period, estimated produc- tion, the import policy in force, and other factors considered relevant aivl necessary.

(3) In case;; where the applications for licences arc not disposed of during the licensing period concerned or before the close of the monetary, ceiling on account ^ delay on the part of the sponsoring authority or the licensing authority or any other Government Department, and import licen- ces to the category of importers to which the applicant belongs were issued in (he relevant licensing period subject to any fixed foreign exchange ceiiinp, the value of a licence issued in such a case will be treated as first charge on the monetary ceiling to be allocated for the next licensing period; p.nd the necessary intimation in this regard will be given to the sponsoring authority.

Misuse of A.U. licences

92. '-• utilised in the licence holder's factory only for the purpose for which i -._• •'! .• .nipuricd, nod no portion thereof shall be sold to or permitted to he utilised by any otlier party. Steps are taken to ensure that this condition is strictly complied v..'-'i. If any licensee infringes 'I:e aforesaid condition, no further assistance will be given to him for the import of goods in the category, of ucUial timers, without pivju'.ii-j.j to a.A orii-r action which may be taken against him under the Imports and Exports (Control) Act, 194*7 ;nd tt.'j imports (Control i Order, l'J5:\ dated li'e "'tit December, 1955 as amended.

(2) Similarly, where any imported goods are plotted to an actual user through the ^tatc Trading Corporation of India or any otlier recognised agency fur use in the actual user's factory, it will not be open to the actual user concerned to divert such goeds to other channels/uses or to allow any other p.uty to utiiis^ '.lie said good.;. If any ;njU;al 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 Hxport'.i (Control¹) Acl, 1947 and the Order made thereunder.

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 Trade Control authorities is neces- sary for effecting a change in the name, constitution or ownership of an actual user's business, except in the types of cases mentioned in this paragraph.

(2; Change of name.—(a) Where an import licence has been issued to an actual user, and before the importation of goods against the said licence, there is a change, in the name of the licensee actual user's manufacturing business, without any change in the ownership of factory for which the said licence was issued, the licence holder should apply to the licensing authority which had issued the licence in question, for necessary amendment on the licence. Such request should be made through the sponsoring authority concerned.

(b) If there is no unutilised import licence in hand at the time of change, the actual user should, in his first application for a licence made after the date of change, expressly indicate that there has been a change in name without any change in the ownership or constitution of his manufacturing business. If, in terms of the import policy in force, such application is required to be made direct to the licensing authority, and not through the sponsoring authority concerned, the actual user should produce witli his application a certificate of the sponsoring authority to the effect that the registration with the sponsoring authority in the original name has been amended, accordingly.

(3) Change in ownership or constitution.—-Where there is a change in the ownership or constitution (including a change by division) of an actual user's manufacturing business, with or without a change in the name of the business, the following provisions will apply :—

(i) If the original owner has imported machinery or any other imported goods in the industrial unit concerned, he should obtain the prior permission of the sponsoring authority con- cerned for transfer of the manufacturing business in favour of the new owner or the reconstituted concern, as the case may be. The intimation about the change should also be sent by the original owner to the licensing authority concerned.

(ii) In the event of such change, the original owner should transfer in favour of the new owner or the reconstituted concern, as the case may be, all the machinery and other materials imported for use in the industrial unit sought to be transferred.

(iii) Where an import licence had been issued to the original owner, and before the importation of the goods against the said licence, the change in ownership or constitution has taken place, the original and the new owner of the manufacturing business should make a joint application to the licensing authority which had issued the licence, for permission to transfer the licence in favour of the new owner or the reconstituted concern, as the case may be, in terms of sub-clause 5(3) (i) of the Imports

(Control) Order, 1955, dated the 7th December, 1955. as amended. The application should be made through the Sponsoring authority of the new owner, and it should be expressly stated in the application whether the approval of the Sponsoring uutnoruy of trie original owner has been obtained in regard to the transfer of manufacturing business as stated in sub-clause (i) above.

(iv) If there is no unutilised licence in hand at the time of change, the new owner or the reconstituted concern, as the case may be, should, in the first application for a licence made alter the date of change, expressly indicate that there has been a change in the owamhip or constitution of the manufacturing business. If, in terms of the import poiiey in force, such application is required to be made direct to the licensing authority, and not through the sponsoring authority concerned, an evidence should be produced with the application to the effect th.it prior approval of the sponsoring authority of the original owner has been obtained in regard to the change in ownership of constitution, and the new owner has been duly registered with the sponsoring authority concerned

(4) Where an actual user transfers only a part of the factory, or imported machinery; or where any other imported materials arc sold by an actual user, without selling his manufacturing business or factory for which the goods, in question, were imported; or where an actual user sells his factory/manufacturing business, but the purchaser is not acquiring the imported raw materials, components or spares belonging to the industrial unit concerned, and the actual user hui to sell such materials to another party, such sales will be governed by the procedure laid down in paragraph 94 of this book and clause 10-C of "the fmports (Control) Order, 1955, as amended.

(5) The licensing authority will consider applications for transfer of licences under this paragraph on the recommendation of the sponsoring authority, in cases where the transferee is not debarred or suspended from receiving licences under the provisions of the Imports (Control) Order, 1955, dated the 7th December. 1955, as amended.

(6) The provisions regarding grant of licences to established importers- cum-manufacturers as laid down in Chapter XVII of this book, will also apply while considering applications for transfer of licences under this paragraph. The applicants should, therefore, furnish the necessary infor- mation in this regard when they apply for transfer of licences,

(7) The provisions made in sub-paras. (1) to (5) of this paragraph will also apply to import licences issued to actua] users under the import policy for Registered Exporters.

Procedure for Transfer ot Imported Goods by Actual Users

94. (1) Where, after importing goods against an actual user's licence, the actual user licensee finds that, for anv 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 eoods 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 and willing buyer for the goods, he should approach the State Director of Industries or the spon- soring authority concerned, who may be in a position to suggest a suitable and willing buyer.

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

(a) C.i.f. value of the imported goods;

(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; and

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

(4) Alter 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 goods 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 paid on such applications. The application should be supported by a letter of consent of the seller to transfer the goods in question on the price settled between the panic.-.. Tn 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 will forward the application to the licens- ing 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 licences regarding utilisation of the imported goods. An intima- tion 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 thei State Trading Corporation or any other recognised agency and the allottee is not in a position to use the goods for the purpose for which the allotment was made, he cannot use the imported goods for a different purpose and in a manner otherwise than as declared by him in his applica- tion for such allotment or distribution or in any other documents submitted by him in support of such application. In 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 transferred to such person in the same manner as indicated in the above sub-paras.

(7¹) Sale of imported goods to public sector agencies.—(a) If an actual user is not in a position to utilise any imported goods for the purpose of

which the import was allowed, he can sell the goods, in question, to the State Trading Corporation, Minerals & Metals Trading Corporation, State Small Industries Corporation or any other similar public sector agency, at a price to be settled between the seller and the; buyer. The seller shall give an intimation of the sale to the sponsoring authority concerned and to licensing authority which had issued th6 licence against which the goods had been imported. No prior permission of the licensing authority will be necessary for such sale.

(b) The provisions of sub-para (a) above will also apply to the sale of imported goods lying with a bank, where the bank had cleared the goods from the Customs as a joint holder of the licence against which the goods were imported, or where the imported goods had been pledged with the bank by the licence holder, and the licence holder is not in a position to take over the goods in question for being utilised for the purpose for which the import had been allowed. In such a case, the bank can sell the import- ed goods to the STC, MMTC or a any other similar agency in the manner indicated in (a) above, provided the licence holder agrees to the saJe.

(8) The agency purchasing the goods under sub-para (7) above shall sell the same to actual users at a reasonable price and within a reasonable thne.

(9) Loaning of imported raw materials.—(a) Actual users having in their stock imported raw materials, components and spare parts, may loan u portion of such goods to another actual user who is in need of the same for meeting his urgent requirements. This arrangements shall bo purely on a loan basis and for a specified period within which the goods of the same specification and description shall be returned. Such loan should be given only with the prior written permission of the sponsoring authority of the licensee and only to another actual user within the jurisdiction of the same sponsoring authority,

(b) The sponsoring authority giving such permission as well as the licensee shall immediately inform in writing to the licensing authority con- cerned.

(c) The actual user parting with the goods on loan and the actual user receiving the same on loan shall abide by the following :—

(i) Both the actual users shall make entries in respect of the goods, in question, in the account maintained by them in the proforma as given in Appendix 19 to this book. Such entries will be made both at the time of loaning the goods and also at the time these are returned by the loanee.

OH Both the actual users shall in their import applications, while indicating the stocks held by them, also indicate the quantity of goods loaned or received as loan, as the case may be, and the period for which the goods have been loaned.

(di in the event of any abuse of this facility, both the actual users and try other person responsible for such abuse, shall be liable to action under the import trade control rules, without prejudice to any other action that may be taken against them in this behalf.

10. Intimation to licensing authority.—If an actual user is not in t position to utilise completely the imported raw materials, components or spares within two years from the dale of importation, he should inform the licensing authority, explaining the reasons for non-utilisation. Such infor- mation should be sent through the sponsoring authority concerned.

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

(12) Cases not covered by this paragraph may be dealt with under Clause 10-C of the Imports (Control) Order, 1955, dated the 7th Decem- ber 1955. as amended.

95. Firework industry.—No application for import of raw materials by the fireworks industry both in the scheduled and non-scheduled sectors for the manufacture of fireworks will be entertained by the licensing autho- rities unless the applicants are in possession of a valid licence under the Explosives Act. The sponsoring authorities should not, therefore, recom- mend 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 recom- mendation for the licence, the sponsoring authority should indicate that the applicant is in possession of the required licence under the Explosive Act. Where applications for licences are required to be sent by actual users to the licensing authorities direct, the applicants should produce, with their import applications, documentary evidence to the effect that they are in possession of a valid licence under the Explosives Act.

Spare 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 rB')-

(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 are required.

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

(iv) C.i.f. value of machinery/equipment imported prior to 6-6-1966 indicating the year of import.

Cv) C.i.f. value of equipment/machinery imported after 6-6-1966 indicating the year of import.

(vi) The value of imported machinery/equipment purchased locally indicating whether the same was purchased prior to 6-6-1966 or after 6-6-1966.

(vii) The value of spares applied for; and

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

(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.

Procedure for allotments of imported goods canalised through public sector

agencies

97. (1) In respect of goods the import of which is canalised through a public sector agency for meeting the requirements of actual users, the allot- ments of imported materials to actual users will be made in the following manner :—

(i) By release orders to be issued on applications made to the licensing authorities concerned, or

(ii) By release orders to be issued on applications made to the sponsoring authorities concerned, or

(iii) By direct allotments to be made by the canalising agency con- cerned.

(2) The manner of allotment in terms of sub^paragruph (1) above wiJ! be indicated in respect of each item in the relevant Import Trade Control Policy (Red Book).

(3) Release orders issued by licensing authorities.—The procedure to be followed in respect of items for which release orders will be issued by licensing authorities to the actual users concerned will be as indicated below :—-

K y (a) The actual user should submit his import application in the prescribed form and manner to the licensing authority concern- ed through the sponsoring authority concerned. Units which are required to make their applications for licences direct to the licensing authorities concerned under the import policy in force should not route their applications through the sponsor- ing authorities concerned. Applications should be supported by treasury challan showing payment of application fee and other documents as are required in terms of the import Dolicv in force.

(b) The import application should be a consolidated application covering all the requirements of raw materials and components in the case of priority industries and raw materials, components and spares in the case of units engaged in industries other than priority industries, pertaining to the end-product (including the related end-products) to which the application pertains. In

respect of the canalised items applied for in the. said applica- tion, the applicant should indicate the item-wise value within the overall value applied for, unless the item, in question, is licensable on restricted basis in which case the value limit will be determined by the sponsoring authority/licensing authority in terms o[ the policy in force.

(c) Where an application is to be made through the sponsoring authority, the said authority will forward the same to the licensing authority concerned with its recommendation in the normal course. In re^x-ct of items licensable To actual users on restricted basis, the sponsoring authority will indicate the value limit against each item within the overall valus recom- mended. The licensing authority will consider the applications on merits in terms the import policy in force. In respect of canalinsed items, instead of issuing a direct licence to the applicant, the licensing authority will issue release order in favour of the applicant on the canalising agency concerned, in the proforma appearing in Appendix 34.

(d) Where an application is to be made direct to the licensing authority concerned, the licensing authority will consider the application on merits in terms of the import policy in force, Tn respect of canalised items, instead of issuing a direct licence to the applicant, the licensing authority will issue release order in favour of the applicant on the canalising agency concerned, in the proforma appearing in Appendix 34.

(e) The original release order will be sent to the applicant and a copy thereof will be sent by the licensing authority to the cana- lising agency. For purposes of verification, the licensing authority will also send confirmatory statements every week to the canalising agencies indicating particulars of the release orders issued during the week. In every case, a copy of the letter with which the release order is sent to the applicant, will be forwarded by the licensing authority to the sponsoring authority concerned.

(f) The release order will be valid for a specified period during which the allottee will be required to draw supplies from the canalising agency in accordance with the procedure for allot- ment/distribution prescribed by such agency,

(4) Release orders issued by sponsoring authorities.—The procedure r.u be fellow.' in respect of items for which release orders will be is-ucd by sponsoring authorities to the actual i^ers concerned will be as indicated below :—

(a) The nctual user should rubmit his application for allotment in respect of canalised items to the sponsoring authority con- cerned, in the prescribed form and manner. The application should not include any non-canalised items. No application fees is required to be paid by the applicant for such applica- tions.

(b) If the application is in respect of more than one canalised item, the applicant should indicate the value limit in respect o( each

item within the total value, unless the item in question is licens- ablc on restricted basis to actual users in which case the value limit will be determined by sponsoring authority in terms of the import policy in force.

(c) The sponsoring authority will issue release order(s) on the canalising agency in favour of the applicant. The original re- lease order will be sent to the applicant by the sponsoring authority, and a copy thereof to the canalising agency concern- ed. For purposes of verification, the sponsoring authority will send every week confirmatory statements to the canalising agencies indicating particulars of the release orders issued during the week.

(d) The release order will be issued in the proforma as given in Appendix 34. It will be valid for a specified period during which the allottee will be required to draw supplies from the canalising agency iu accordance with the procedure for allot- ment/distribution prescribed by such agency.

(5) Direct allotments to be made by canalising agencies.—The proce- dure to be followed hi respect of items for which allotments will bo made direct by canalising agencies to the actual users, will be as indicated below :—

(a) Actual users will approach the canalising agency concerned direct according to the procedure prescribed by such agency.

(b) Each actual user should give an undertaking to the canalising agency that he shall use the material allotted to him hi his own factory for the purpose for which the allotment is made and no portion thereof will be disposed of or used in any other manner.

(c) The canalising agency will make the allotments according to the directions/guidelines obtained by it from the sponsoring authorities concerned.

(d) The canalising agency will send monthly reports of such allot- ments to the sponsoring authorities concerned, indicating the particulars of allotments made during the month.

(6) Tn cases covered by the import policy for Registered Exporters, the applications in respect of canalised items should be made with other import Hems to the licensing authorities concerned in the form and manner pres- cribed in the import policy for Registered Exporters. Tn such cases release orders for canalised items will be issued by the licensing authorities. The applicant should indicate the value limit in respect of each canalised items within the overall value applied for, unless a specific value limit has already been indicated in the import policy for Registered Exporters.

(7) If a release order covers more than one item and in respect of any of such items LI specih'c value limit has been indicated, it will be open to tlie actual user concerned to obtain supplies from the canalising agency in respect of such item more in value/quantity than the specified limit, but not exceeding 10 per cent thereof, within the overall value of the release order.

(8) An actual user receiving imported materials from a canalising agency shall be required to utilise such materials in his own factory, at the address shown in the application against which the allotment is made, and for the purpose for which the allotment is made, and no portion thereof shall be sold to any other party or utilised or permitted to be used in any other manner. The allottee shall maintain a proper account of consump- tion and utilisation of the imported goods hi the prescribed manner in the proforma appearing in Appendix 19, and produce such account to the licensing authority, the sponsoring authority, or any other authority con- cerned, within such time as may be specified by such authority.

Import of Prototypes

98 (1) Applications for the import of machinery and instruments as prototypes/wilfbe considered by the Chief Controller of Imports and Exports (C.G. Division), New Delhi.

(2) Applications should be made in Form 'E¹, meant for the import of capital goods, along with additional information in the proforma appear- ing in Appendix 32, through the sponsoring authority concerned The sponsoring authority will forward the application to the Chief Control^ of Imports and Exports, New Delhi, with his recommendation in Part III of the application (Form 'E'), and will also certify the additional infor- mation furnished by the applicant.

(3) In the case of small scale units, the sponsoring authority will for- ward the application with his recommendation through the D.C.(S.S.I.), New Delhi.

(4) Import licences for proto-types shall be subject to the condition, inter-alia, that the imported goods shall be used in the licence holder's lactory is pro to-type only, and shall not be sold, or disposed of, or per- mitted to be utilised by any other person, or in any other manner, except •with the prior written permission of the licensing authority.

99. Applications for the import of goods other than machinery/ instruments, such as chemicals, raw materials, etc. to be used as prototypes will be considered by the licensing authorities concerned on the recommend- ations of the sponsoring authorities, in terms of the import policy in force.

Import of spare p"rte required for servicing

100. (1) Applications for import of spare parts may be considered by the licensing authorities from manufacturers of machinery to enable such units to meet the servicing requirements in respect of machinery manu- factured by them, and which is in use in the country. Such applications will be considered for permissible spare parts only on the recommendations of the sponsoring authorities concerned.

(2) Applications for such spare parts should be made through the sponsoring authorities concerned, supported by a list of spare parts sought to be imported, and a statement, certified by a Chartered Accountant, indi- cating the number of machinery, equipments and vehicles, and their des- cription, manufactured by the applicant-unit during the last three years, for which the applicant has to meet servicing requirements. This informa- tion may be given separately for each of the preceding three years.

(3) Import licences issued under this provision may be subject to the following condition inter-alia :—

"The goods imported against this licence shall be used only for servicing and maintenance of the machinery /equivalent/vehicles manufactured by the licensee, and which are in operation in the country."

Special procedure for issue of licences to Actual uscrc

101. Notwithstanding anything contained in this chapter, the Chief Controller of Imports and Exports or the licensing authority may by issuing a Public Notice or a Trade Notice, evolve any special procedure for issue of impoit licences to actual users in respect of any licensing period or commo- dity on any category of actual users. In 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 C.C.I, k E. or the licensing authority.

CHAPTER V

REGISTERED EXPORTERS

Definition

102. (1) Registered exporters are those who hold valid registration certificates issued to them by the registering authorities concerned, namely, the Export Promotion Councils, Commodity Boards and the Export Promo- lion authorities at the ports. The names of registering authorities for different export products are given in Appendix 4 (Annexure I ).

(2) A registered exporter may be a merchant-exporter or a manufac- turer-exporter.

(3) Applications for import licences under the import policy for Regis- tered Exporters will be entertained only from registered exporters, including merchant exporters, manufacturer-exporters and eligible merchandising ex- port houses, in the private and the public sectors.

Procedure for Reghtraiion of Exporters

103. (1) Application for registration.—(a) Application for registra- tion should be made to the appropriate registering authority, indicated in Appendix 4 (Annexure I ). In the case of concerns having branches, the application for registration can be made by the registered office, in the case of limited companies, and head office in the case of others. A registration certificate issued to the registered nffi.ee/head office in such cases will also be valid for the branches of the registered concern. The branches can also apply separately for registration in which case the registering authority will issue a separate registration certificate to the applicant branch.

(b) Application for registration should be made in the form appearing in Appendix 4 (Annexure II). It should be accompanied by a bank certifi- cate in support of the applicant's financial soundness.

(2) Registration certificate.—The form of registration certificate issued to exporters has been revised, us given iu Appendix 4 (Appendix IfA ), This is a "reeiitration-rHm-membership certificate" which has three pans. Part f should be rilled in by the applicant. Part FT is to be filled in by the sponsoring authority concerned in the case of manufacturer-exporters. Part Til will be filled in by the registering authority. The application for regis- tration should also, therefore, be accompanied by this form with its Part I duly rilled in by the applicant. Manufacturer-exporters should submit this form in triplicate and others in duplicate.

(3) Where a registration certificate is also valid for the branches ot the registered concern, the registering authority will forward copies of the registration certificate to other registering authorities in whose jurisdiction such branches are situated. The detailed procedure for submission and processing of applications for registration and for the grant of registration- cww-membership certificates, is given in Appendix 4 (Annexure TI-A).

(4) Eligibility for registration.—Exporters who are members* of the E. P. Council concerned, having a past export performance, a good record and experience, are eligible for registration. An applicant having no previ- ous experience of export in a 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.

(5) Conditions of registration.—(a) A registration certificate will be issued subject to such conditions as the registering authority concerned may consider necessary. One of the conditions of registration shall be that the registered exporter shall furnish quarterly returns of exports (including nil returns), to the registering authority by the fifteenth day of the month following the quarter.

(b) The registration for an item with an E. P. Council, or Commodity Board,

(c) Once an exporter has been registered, the registration shall remain valid for three years unless the exporter registered ceases to exist, or his name is de-registered for any reason or he becomes ineligible to hold the certificate.

Exports prior to date of Application for Registration

104. Exports made by a registered exporter before a date earlier than three months prior to date of application for registration, will not be con- sidered for the grant of an import licence under the import policy for regis- tered exporters. For this purpose, the effective date of submission of the application will be the date nn which the npplienlion, duly supported by a bank certificate testifying the applicant's financial soundness, is received by the rcgrtcring authority for sponsoring authority in the case of manufac- turer-exporters'). Where an application is not supported by the required bank certi'kate, the date on which the bank certificate is received will be tnken as the date of submission of the application. For reckoning the period of tliree months, '.he month during which the application for registration' bank certificate is received, will not be taken into account. Exports made three months prior to the date of application for Registration or subsequent to :"Tmt of Registration Certificate would hi' eligible for >:rant of replenishment licence provided the application Hiiainst such exports arc made within 'he time limns ris provided in para 112.

Change in constitution or ownership

105. Where there is any change in the ownership, constitution or name of any concern, which has been registered under the import policy for Re- gistered Importers, it -shall be obligatory on the part of the person in autho- rity in the concern, as originally registered, to intimate the fact of such change to the registering authority wittrn three* months of the change. In the case of manufacturer-exporters, the registering authority will also verify

T he condition of membership in the case of Gem and Jewellery items has been temporarily suspended.

whether the permission of the sponsoring authority in regard to the change has been obtained in terms of para 93 of this book.

De-registration of Exporters

106. (1) The registering authority may initiate action to de-rcgister an exporter, where such authority is satisfied that the exporter ;

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

(b) has indulged in any form of unfair, corrupt or fraudulent prac- tice, or failed to fulfil any export obligation.

(2) An exporter will ordinarily be given a 'show cause' notice, beiorc he " de-rcgistered. The registering authority, keeping in view the reason for de^-registration will decide whether the de-registration should be for a specified period or for an indefinite period, or whether the de-registration should be limited to a particular expon product or be of wider applicability. The registering authority will not be bound to give reasons for de-registra- tion.

Registration and de-regislratiou by the Chief Controller of Imports and Exports, New Delhi

107. Notwithstanding anything contained in paragraph 106 above :

(1) The Chief Controller of Imports and Exports, New Delhi, way register an exporter or direct the registering authorities to *e~ gistcr an exporter. The registration done by the Chief Con- troller of Imports and Exports, New Delhi, or his direction to the registering authorities in this regard, will apply to such export products covered bv the import policy for Registered Exporters, as may be specified by him.

(2) 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 (includ- ing any rule, order or regulation), relating to Customs or the import and export of goods or foreign exchange, he may, without prejudice to any other action that may be taken in this behalf, refuse to register such exporter or direct the registerkg authorities to do likewise, or he may de-register an exporter, if the exporter has already been registered, or direct the register- ing authorities to do-register him for a specified or an indefinite period and in respect of a particular export product or products or all the export products covered by the import policy for re- gistered exporters.

Appeals and review Applications relating to repjhtrsiflon and de-rc^istrnfion

108. (1) When an exporter is not satisfied with a decision of any of the registering authorities listed in Appendix 4 (Annexure I) refusing to register him or for de-registering him, he may prefer an appeal to the Chief

Controller of Imports and Exports, New Delhi, within a period of 45 days from the date of the communication containing Lhe decision aprjtal- cd against. Such appeals will be considered by the Chief Controller of Imports and Exports, New Delhi, if necessary, in consultation with the Ministry of Foreign Trade, New Delhi.

(2) Any person aggrieved by the decision of the Chief Controller of Imports and Exports, New Delhi, taken in terms of Lhe provisions of para- graphs 107 and 108, above, may make a representation to him for review of such decision within a period of 45 day.i from the date of the communica- tion containing the decision against which the representation is made. On consideration of such representations, iF it i:. so decided, the Chief Coa- trollcr of Imports and Exports, New Delhi, may, with the approval of the Ministry of Foreign Trade, New Delhi, either himself rc-register the ex- porter, or restore registration, or he rrny direct the registering authoritiei to re-register such exporter or rcstcrc his registration. The re-registration or restoration of re;i:,lralio'i in such ease¹ will be subject to such conditioB(s) as the Chief Controller may decide.

Certification of Export*

109. (1) At the time of shipment, a registered evortcr should have a copy of the /.hipping hill duly authenticated by the Customs, for the purpose of attaching it to his application for a replenishment licence, at the appro- priate time.

(2) After shipment, the exporter should have the exports certified by an authorised dealer in foreign exchange at the time of presentation of export documents to such dealer, i.e., the bank, for the purpose ot negotiation a"d/ or collection of bills. While presenting the export documents, the exporter skould fill in and give to the bank the declaration (in triplicate.) in form I us in Appendix 4 (Annexure IIT), for export.; made on 'outrhht' sale basis and in form IT in Appendix 4 (Annexure III), for exports on consignment ha*is/approval basis.

(3) The Bank will certify the f.o.b. value of exports in Indian rupees •and counter-sign the declaration after necessary verification with reference to the export documents". The bank will then pass on the original certificate with the relevant copy of the Bank attested invoice to the exporter concern- ed, the duplicate to the licensing authority concerned, and the triplicate will 1"e retained by the bank for its'record, In case of exports made on con- signment basis/approval basis, the Bank will certify the f.o.b. value a*d connter-sign and pass on the certificate as in Form No. TT, to the exporter, only after the exports' sale proceed? have been realised and surrendered to the Indian Exchange Control. A copy of the Ministry of Foreiim Trade Public Notice No. >7-TTC(PNV7O, dated the 31st March, 1970, indicat- ing the detailed procedure to be followed in this regnrd is reproduced in Appendix 4 (Annexurc ITT), along with the revised forms to be used.

(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 export documents. A bank certificate coYerinT more than one consignment may also be entertained.

(5) The exporter will, at the time of the submission of the application for the grant of replenishment licence in accordance with the prescribed

time schedule, enclose the original bank certificate(s) and copies of the Bank attested invoices, and quote in the statement of exports furnished with the application the number and date of the certificate issued by the Bank for each of the shipments covered by the application.

(6) The procedure 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; (iv) Export of books, journals and periodicals by post;

(v) Supplies made to foreign shipping companies as ship stores; (vi) Sales inpcle at international exhibitions abroad; (vii) Sales of handicraft items to foreign tourists; (viii) Export of carpets to foreign tourists against advance payments;

(ix) Supplies made for IBRD/J DA aided projects in India; and (x) Exports financed out of rupee funds of the U.N. Agencies.

Procedure for Submission of Applications for Licences

110. (!) 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 (Annexure IV) to the licensing authority nnder whose jurisdiction the registered office, in the case of a limited company, and head office in the case of other registered exporters, is situated. In res- pect of Gem and Jewellery exports, applications for licences may be made separately for each exported item, instead of a consolidated application. The names and jurisdiction of the licensing authorities are indicated in Appendix 4 (Annexure V). If import licences are claimed in favour of more than one nominee, the consolidated application should contain the particulars of each of the nominees, indicating separate values in respect of each, in the application form and the statement of exports enclosed therewith.

(2) It will, however, be open to a branch of a limited company or of a registered exporter to apply for an import replenishment licence against the exports effected by it, to the licensing authority within whose jurisdiction the branch is situated, provided that such branch is separately registered as an exporter or produces evidence to the effect that the registration certificate issued to limited company/head office, is also valid for the branch in question. The applications in such types of cases should be accompanied by a certificate of head office or the registered office as the case may be, that it has not claimed and will not claim any replenishment licence against the ex- ports covered by the application,

(3) Merchandising export houses holding valid certificates of eligibilty issued by the Chief Controller of Imports and Exports, New Delhi, may fibmit either a consolidated application in terms of sub-para (1) above or separate applications in rc-pect of each of their nominees, against export products lulling within the same product group.

(4) Import applications should be made to the licensing authorities con- cerned direct, except in the case of gem and jewellery items, for which the applications should be routed through the Gem & Jewellery Export Promo- tion Council, Bombay.

Frequency of Applications

111. ( I) Subject to the exceptions made in this paragraph, an exporter should make one application for import replenishment against his exports of all the products in a product-group, made within a quarter, namely, April- Jane, July-September and so on. In the case uf exports on consignment/ approval basis, such application should be made in respect of sale proceeds realised and surrendered to the Indian Exchange Control within a quarter.

/?) An eligible merchandising export house may, if it so desires, submit separate quarterly applications in respect of each of its nominees a^airm export products: falling w'lbin the same product-group.

(3) \ registered exporter who is eligible to claim licences in his own r.Ltnie may, if he so desires, make applications covering his exports effected within a period of one month or two months widiin a quarter, instead of making quarterly applications.

(4) The facility in sub-para (3) above will also be available to regis- tered exporters claiming licences in the names of their nominees, provided the value of exports for the month or two months, as the case may be, is not less than Rs. one lakh. This minimum value limit of Rs. one lakh will not apply in the case of second and subsequent applications made by trie registered exporters in the same quarter.

(5) In the case of the following products, a registered exporter will have the option of filing applications on a six-monthly basis (April-Septem- ber ctiid October-March), provided no nomination is involved :—-

(i) Sports goods;

(ii) Books;

(iii) Processed foods;

(iv) Tellulosic fabrics, i.e., fabrics made of viscose Ji'ament yarn, acetate filament yarn and spun rayon yarn; and

(v i Blended fabrics from mixture of cotton 'ceilulosic fibre or yam/ nylon/polyester fibre or yarn.

(fi) Exporters of journals and periodicals will have the option to make applications on an annual basis, for the licensing year, provided no nomina- tions are involved, and provided further, that the exporter satisfies the iit'CPsi'ie .luthoritv that be is receiving subscriptions in respect cM the journals and periodicals on an annual basis and is making the invoices accordingly.

(7) in the case of exports of leather footwear made by the State Trad- ing Corporation, the applications may be filed covering exports made during a licensing period.

(8) Exporters desirous of availing themselves of the facility allowed in sub-paras (5) and (6) above, will have to opt Tor this facility, and the option so exercised will be conveyed to the licensing authority concerned Any change in the option will be allowed only with the prior approval of the said authority.

(9) A manulacturer-exporter who wishes to claim import licences in his own name against every application that he will make, can by special arrangement with the licensing authority concerned, obtain the facility of

submitting his applications in the simplified form given in Appendix 4 (Annexure VI). The arrangement will specify what products the manufac- turer-exporter would export. In such cases, I.V.C. No. need be quoted only once at the beginning of each year.

(10) The provisions of sub-para (9) above will also apply so merchant- exporters who are eligible to claim licences in their own name.

Time limit fur ntbadwsioa of applications

112. (1) Applications for import replenishment licences should be made, complete in all respects, so as to reach the licensing authorities con- cermed within the time limits indicaced below :—

(a) Quarterly applications under sub-paras 111(1) and 111(2) above :

(i) Where the exports on the basis of which the application is made include- shipments effected in the last month of the .export quarter, the exporters should submit their applica- tions for licence., within two months of the expiry of the export quarter.

(ii) Where the exports on the basis of which the application is made do not include shipments effected in the last month of the export quarter, the exporters should submit their applications for licences within one month of the expiry of the export quarter.

(b) In all other cases covered by para 111 above, the applications for licences should be made within two months after the rele- vant period of export.

(2) Application received after the prescribed time limit, or in respect of which the deficiencies, if any. are made up after the time limit prescribed for submission of applications, will be liable to be rejected. The licensing authority may, however, consider such applications, on merits, subject to a cut in the value of import replenishment admissible against the exports, in questions, in cases where such authority is satisfied that the applicant was unable to submit his application in time or to make up the deficiencies be- fore the last date prescribed for submission of the application, for reasons beyond his control. The extent of cut in value that may be imposed in such cases will be as under :•—-

(i) 10 per cent in cases where the application, complete in all respects, is received within two months after the last date pres- cribed for submission of the application or the deficiencies in the application are made up within two months of the date on which the applicant is informed of the deficiency by the licens- ing authority.

(ii) 25 per cent in cases where the delav in making the application or in making up deficiencies, as indicated in (i) above is for more than two months but not more than five months.

(ii) Cases involving delay for a period of more than five months will not be entertained.

(3) For the purpose of imposing cuts, the applications will be treated as deficient if it is not accompanied by any of the documents required in terms

of para 114 below, and the documents pertaining to nominations in cases where nomination is involved. A document furnished incomplete or de- fective will also be treated as a deficiency.

Date of -shipment/despatch

113. For the purpose uf considering applications for import replenish- ment under the import policy for Registered Exporters, the relevant date of export will be determined as under :—

(a) In the case of, shipments by Sea, the date of export will be de- termined by the date on the relevant bill of lading which gene- rally shows the date on which the ^oods have actually been loaded on the ship.

(b) In the case of exports by air, the date of export will be deter- mined by the date on the airway bill.

(c) In the case of exports by post parcel, the date of export will be determined by tfv? date "tamp on the postal receipt.

Documents

114. (1) Applications for licence.; should be made, complete in all respects, supported by a treasury challan for Rs. 50/- towards the appli- cation fee, and other prescribed documents.

(2) Along with the application, the applicant should furnish a state- ment of exports in the form given in Appendix 4 (Anncxure IV), indicat- ing the particulars of exports as certified by the Exporter's bank(s), against which the import application is made. For speedy finalisation of the appli- cation, the applicants are advised in their own interest to get the statement of exports certified by a Chartered Accountant.

(3) The following export documents should be produced with the application for import replenishment : —

(A) In the case of export* erf goods except (1) Gem and jewellery,

(2) Cinematographic film (exposed), (3) Books, journals and periodicals by post, (4) exports by V.P.P.. (5) exports by ordinary post parcel, (6) supplies of materials made to a foreign shipping company at ship stores, (7) export of Indian goods sold at international exhibitions abroad, (8) Sale of handicrafts to foreign tourists and (9) exports of woollen carpets to foreign tourists against advance payments :—

(i) Bank certificate (in original) of exports, issued by the exporter's Bank;

(,ii) Bank attested copy of the invoice; and

(iii) One copy of the shipping bill in respect of each shipment duly authenticated by the Customs.

(B) Exports by V.P.P. of products other than gem and jewellery and cinematographic films (exposed) ;-—

(i) Invoices giving description of goods, weight of the indivi- dual items and their total weight actually exported.

(ii) Relevant postal receipts.

(iii) 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.

(C) Export of books, journals and periodicals by post made by re- gistered-exporters who have been allowed by the Reserve Bank of India to effect their exports, without observing P.P. formalities :—

(i) Postal receipt or a certificate of posting issued by the Post Office or any other evidence, in cases where the original Postal receipt has been forwarded to the importer. In the case of export by ordinary post, if the exporters are not able to produce certificate of posting, a photostat copy or a Chartered Accountant's certificate in lieu of the certi- ficate of nosiing, issued by the Post office, should bo sub- mitted.

(ii) A Chartered Accountant's certificate giving the details of the exports, freight, etc.

(iii) Invoice certified by u Chartered Accountant.

(D) Export of books, journals and periodicals by post made by registered exporters who have not been exempted by tht: Reserve Bank of India from P. P. formalities :—

(i) Original Postal receipts or photostat copy thereof or a certificate of posting issued by the Post Office. In the case of exports by ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Accountant's certificate giving complete details of postal charges, dates of export and particulars of exports, should be submitted,

(ii) Invoice certified by a Chartered Accountant indicating the P.P. Form Nos.

(iii) Bank certificate indicating the receipt of payment hi foreign exchange as well as relevant P.P. Form No. (ex- ports below Rs. 5 0 /- made by ordinary post without P.P. form will not be eligible for replenishment under this procedure).

(E) Exports by registered post of products other than gem and jewellery and cinematographic films (exposed) :—

(i) Bank certificate (Original) of exports issued by the exporter's Bank,

(ii) Bank attested invoice.

(iii) Postal receipt or in cases where postal receipt has been forwarded to the consignee, a certificate issued by the exporter's Bank indicating clearly the postal receipt no.,

date and amount and certifying that the relevant postal receipt has been forwarded to the consignee.

(F) Supplies o[ materials made to foreign shipping companies as ship-stores :—

(i) Bank certificate (in original) regarding receipt of foreign exchange or Indian Rupees obtained from exchange of foreign currency.

(ii) Bank attested invoice. (iii) One copy of the shipping bill duly authenticated by the Customs in respect of the supplies made to foreign ship- ping companies.

(G) Exports of goods sold at international exhibitions abroad : —

(i) Certificate from the Director of Exhibitions, Ministry of Foreign Trade, indicating the full description of the goods, the value, the name of the Indian exporter, date of sale, and certifying that the payment against the sales in ques- tion, has been repatriated to India and surrendered to the Indian Exchange Control.

(ii) Bank certificate indicating the receipt of payment in foreign exchange. The proforma of the bank certificate given in Appendix 4 (Annexure XII) may be used with suitable modifications. The time limit for submission of an application will be recorded from the date of payment as shown in the Bank certificate.

(H) Exports of woollen carpets for which payments are received locally (cither in full or in part), from foreign tourists in the form of (a) foreign currency travellers cheques, (b) crossed foreign bank drafts and (c") personal cheques drawn on foreign banks :—

(i) Bank certificate (in original) of payment issued by the exporter's bank, in the proforma given in Appendix 4 (Annexure XIV). (ii) Bank attested invoice.

(iii) A copy of the shipping bill duly authenticated by the Customs, and

(iv) In the case of postal exports, original postal receipt in lieu of shipping bill.

(I) Sale to foreign tourists of Handicraft items :

(i) Certified true copies of sale vouchers/cash memos, giving details' of (a) name and nationality of the tourist (b) pass- port number of the tourists, (c) details of travellers cheques/crossed foreign brink drafts/personal cheques, drawn on foreign banks, (d) detailed description of the articles sold, specifying material of which they are made i.e. Ivory, Brass, Asbestos etc, and (e) value of each article;

(ii) Bank certificates indicating the number and date of the relevam sale voucher/cash memo, and showing receipt ;-.U siiiVcQd T LO CAC Indian Exchange Coatrol of the rele- vant foreign currency travellers cheque/crossed foreign bank drafts/personal cheques drawn on foreign banks. (In the ca.se of personal cheques drawn on foreign banks, the bank should also certify that the proceeds of the cheque have been realised in foreign exchanges as per the Ex- change Control Regulations); and

(iii) The detailed procedure for submission of application is given in .Appendix 4 (Annc/iure XVJ1I).

(4) Where the original copy ol th= shipping bill has been lost or mis- placed, the "licensing authority may accept a Customs' attested copy thereof or photostat copy of the Customs' authenticated shipping bill, or Customs' certificate of shipment issued by the Customs authorities, supported by the applicant's affidavit to the effect that the original authenticated copy of the shipping bill has been lost/mjsplaced without having been produced to any authority for claiming any benefit against the exports pertaining to the said shipping bill, and that if it is traced or found later, it shall not be produced in future to claim any such benefit.

(5) Requests from regular exporters of products other than gem and jewellery items and cinematographic [ilms (exposed), having a large num- ber of export transactions in each quarter, may be considered on merits by the Chief Controller of Imports and Exports, for admission of their applications for replenishment on the basis of other documentary evidence such as Chartered Accountant's certificate, indicating therein all the relevant particulars as are contained in the prescribed export documents, provided their annual exports exceed Rs. 50 lakhs, and provided further that the export products qualify only for import replenishment,

(6) Exporters should produce evidence of freight and insurance charges to the banks concerned to enable them to verify the f.o.b. value of exports in the Bank certificate. Immediate Rebate allowed by oversea* shipping companies in freight charge* at the time of shipment may also be taken into account by the banks while arriving at the f.o.b. value.

(7) The applicant should enclose with his application five copies of the ]it.t 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 6 copies of the items to be imported from such area should be sent with the application for import licence).

(8) If an applicant wishes to apply for items on the basis of A.U. licence in terms of the import policy in force, he should also enclose the original, with a cerified 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 may be also be accepted.

(9) 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.

(10) Capital Goods/H.E.P. licences, the licences issued under the National Defence Remittance Scheme and the licences issued under the import policy for registered Exporters will not be regarded as A.U. licences for the purpose of grant of licences under this policy.

(11) Marchandising export houses should produce with their import application a copy of the eligibility certificate issued by the Chief Controller of Imports and Exports, New Delhi, with a declaration that it has not been cancelled or withdrawn.

Procedure for nominations

115. (1) The provisions in regard to nominations arc contained in Part B' of Section I of the Import Trade Control Policy (Vol. I I ). Where a nomination is made in accordance with the relevant policy, the particulars of the nominee should be given in Part 'B' of the application form (Form 'H'), as appearing in Appendix 4 (Annexure IV).

(2) f"?foc;ivc nominations.— \u application where the nomination has not been correctly made, will be liable to be rejected by the licensing autho- rity. In such a case, an application for licence will be considered to have been received by the licensing authority on the date on which the correct nomination is received.

(3¹) Change in nomina4ii*n.-—A licensing authority may allow a change in the nomination once made with the consent of the nominee, and subject to such restrictions nv.'i conditions af- may be prescribed by such authority and subject to the provisions of sub-para 112(2) above.

(4) Import of jigs, tools' and machinery by sujj^orting manufacturers of Export IIonser.-'-A rogi-tccd cvnufacturer?,-exporter nominating an eligible merchandising Export H'lur.'j ai'nin't the entire import replenishment admis- sible to him in respect of his exports in a particular export period under the import policy for Registered Exporters may retain a portion of such import entitlement, to import jins, tools and machinery, upto specified value limits as indicated in Part 'B' of Section I of the Import Trade Control Policy (Volume I I ), in the manner stated below:—

(a) ir the manufacturer-exporter concerned wishes to import jigs, tools, testing instruments and equipment and equipment for packing and tagging, upto 20 per cent of the import replenish- ment admissible to him subject to a maximum of Rs. one lakh, against his exports made during a particular export period in terms of the import policy in force, he may apply for an import licence in his name for such goods supported by a recommen- dation of the sponsoring authority concerned, and nominate the Export House only for the balance amount in the same appli- cation.

(b) If the manufacturer-exporter concerned wishes to import plant and machinery upto 50 per cent of the import replenishment admissible to him subject to a maximum of Rs. 2 lakhs in a hall year, against his exports made during a particular export period in terms of the import policy ia lorce, he may apply separately for a licence for these goods in the prescribed form and manner supported by a recommendation of the sponsoring authority concerned. In such cases, the nomination in favour of au eligible Export House can be made only for the balance import replenishment due to the manufacturer-exporter. For this pur- pose, the manufacturer-exporter can also retain his machinery entitlement every lime v.'hile nominating an eligible Export House during a period of six months, in order to apply separa- tely for the combined valuc of such machinery entitlements to obtain the licence upto 50 per cent of his total entitlement subject to a maximum of Rs. 2 lakhs in a half year, as provided in the relevant import policy in Part 'B' of Section 1 of the Import Trade Continl Policy (Volume II).

(c) If a manufacturer-exporter has nominated an eligible merchandis- ing Export House tor his entire import entitlement in a certain period and the import licence has been issued to the Export House, the manufacturer-exporter may, subsequent to the issue of such licence, request for import of plant and machinery upto 50 per cent of the value of thai licence subject to a maximum of of Rs. 2 lakhs by producing a written consent of the Export House concerned to this effect to the licensing authority. For this purpose, the manufacturer-exporter will also have the facility of combining more than one such licence issued to tho Export House against his import entitlements, for import of plant and machinery upto 50 per cent of the value of such licences subject to a maximum of Rs. 2 lakhs within a half year. While giving its consent, the Export House concerned will surrender the import licences, in question, for a corresponding reduction in their value.

(5) Before making a nomination, the exporter should take the follow- ing precautions :—

(i) He should ensure that the nominee is a manufacturer of a pro- duct on the b;i\is of which he c::n be nominated in terms of the import policy in lorce. He should verify the eligibility oi the nominee with reference to the registration certificate issued to him by the sponsoring authority, or with reference to the actual user licence, if any, possessed by him. If the nominee is a registered manufacturer-exporter, rhe registration-ciwi-member- ship certificate issued to him by the registering authority in the revised fonn will also contain, in its Part 11, an endorsement by the sponsoring authority indicating the end-products manufac- tured by Jhe unit. A manufacturing unit will not be eligible for nomination if the registration certificate issued to it by the sponsoring authority is endorsed 'provisional' or 'temporary*, or the registration certificate is endorsed as valid only upto a specified date.

(ii) He should ensure that the nominee is not debarred from receiv- ing import licences or allotments of imported goods under the Imports (Control) Order; and

(iii) He sbould check up that the nominee is asking for items which are permissible according to the import policy for registered exporters, in force. It may be clarified that it will not be per- missible tor the munuiacturer-exportcr or his nominee to claim an item for import on the basis ot Actual user licence issued to a different industrial ur.it even if both the units {i.e. the unit claiming the licence and the unit possessing Actual User licences) are owned by the same person or same set of persons or have common T.V.C. Registration /Exemption Number.

(6) In cases of nomination, the registered exporter should also enclose a copy of the registration certificate issued by the concerned sponsoring authority to the nominee-manufacture, indicalini:, inter-alia, the products for which the nominee has been registered.

Gen and Jewellery and Cinematographic Films (Exposed)

116. (1) In the case of gem and 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 a monthly/quarterly basis as opted by the registered exporter so as to reach the Gem and Jewellery Export Promotion Council in the case of gem and jewellery items and the licensing authority concerned in the case of cinematographic films (exposed) within a period of three months succeeding the month/quarter during which the proceeds of foreign exchange were actually credited to the exporter's account. In the case of advance payments received in respect of gem and jewellery items, the limit for submission of applications will be reckoned with reference to the period of export. The application form of gem and jewellery items is eiven in Appendix 4 (Annexure VTI).

(2) The registered exporters of cinematographic films (exposed) will have the option of filing applications on half yearly basis provided no nomi- nation is involved. Tn such cases the application should reach the concerned licensing authority, within a period of two months following the half yearly period in which the payments were received. The registered exporters of cinematographic films (exposed) desiring to avail themselves of this facility will have to make a final option. Any change in option will be allowed only with the prior approval of the licensing authority concerned,

(3) The application should be iicccmps'iied by the following docu- ments :—

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

(b) Copy of Bill of Lading/Airway Bill duly attested_ by the Ship- ping 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 invoice duly attested by the negotiating Bank.

(e) Copy of invoice dujy attested by the Customs (in the case of gem and jewellery items).

(f) Bank certificate in original regarding receipt of foreign exchange, as per proforma given in Appendix 4, (Annexure XII).

Sales to foreign tourists of gem and jewellery ittmt

117. (1) A registered exporter (jeweller) who possesses "Authorised Money Changers" licence issued by the Reserve Bank ol India and is approv- ed by the Export Promotion authority at the port (Joint Chief Controller of Imports and Exports, C.L.A., New Delhi in case of Delhi, Punjab, Haryana, Rajasthan and Himachal Pradesh; Deputy Chief Controller of Imports and Exports, KunpU' in case of Uttar Pradesh; Deputy Chief Controller of Imports and Exports, Hyderabad, in case of Andhra Pradesh; Deputy Chief Controller of Imports and lixpoiis, Ahmed abad in ease of Gujarat; and Con- troller of Imports and Exports, Srinagar, in case of Jammu and Kashmir) will be eligible to apply for grant of replenishment licence against sale of gem and jewellery items made to foreign tourists, where payments arc received -in the manner permissible under the authorised money-ctiangsr's licence. In the case of personal cheque drawn on banks outside India, a certificate from the authorised dealer in foreign exchange to the effect that proceeds of the cheque have been realised, should be produced. In all other cases, a certifi- cate that the cheques/amounts have been surrendered to the Indian Exchange Control would be sufficient. Foreign currency received in cash will not be recognised for these purposes.

(2) The registered exporter (Jeweller) who had been previously approv- ed 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 of claiming replenishment in accordance with these provisions.

(3) The registered exporter (Jeweller) desiring to claim benefits under this scheme, who does not possess "money changers" licence, may apply for such a licence to the Reserve Bank of India in the prescribed form through tie Gem and Jewellery Export Promotion Council. The E.P. Council, while forwarding the applications to the R.B.I, for grant of "money chanjies" licence will request the R.B.I, 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, the licence so issued, is cancelled for any reason, by the latter. On receipt of such intimation, the Council should, in turn, inform the approving authority concerned.

(4) The minimum annual sales that an approved jeweller will be required 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 approving authority concerned at the ports to the effect that (i) a minimum sale to foreign tourists to the value of Rs. 75,000 would be effected during the next twelve months; and (ii) in the event of cancellation by R.B.T. of the licence issued to him, an intimation will be sent by him forthwith to the approving authority concerned, A copy of the approval certificate issued by the

E.P. authorities at ports to the registered exporter will also be endorsed to the Gem and 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 (jeweller) would cease to be entitled to the replenishment admissible against sales to foreign tourists.

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

(7) In 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) Registered approved jeweller wilj be required to maintain print- ed, serially numbered voucher books, the particulars of which should be notified in advance to the Gem and Jewellery Export Promotion Council. A specimen voucher is at Appendix 4 (Annexure VIII).

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

(c) The original sale voucher should be stiched with the tourists passport. The Customs authorities at the time of departure of the tourist will detach the voucher and send it to the Council with an endorsement.

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

(e) The triplicate copy of the voucher will be send 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 con- taining 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,

(viii) 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 and Export Control licensing authority, within whose jurisdiction the register- ed office of the applicant is situated. The application will be routed through the Gem and Jewellery Export Promotion Council, Bombay.

(10) Such applications with the documents indicated below should be made in respect of sales made during a month/quarter and should reach the Gem and Jewellery Export Promotion Council within a period of three months succeeding the month/quarter during which sales were effected.

Documents

(i) Treasury challan for Rs. 50/-.

fii) Triplicate copies of sale vouchers giving full description of tke items sold, their value in Indian rupees, particulars of foreign tourist, his/her passport number, mode of payment and amount of foreign currency travellers' cheques.

(iii) Bank certificate in original cvidensing the receipt of foreign exchiinge 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 recommendations.

(12) Tile details of products eligible lor replenishment against sa!es to foreign tourists, the extent of replenishment, the items permissible for import, etc. are given in the statement appearing in Appendix 4 (Annexurc XV).

Conditions of import licences issued under the import policy for Registered Exporters

118. (1) Ijccucts' reE-JiiKe orders issued! to mnnufacturer-expoitcrs.— Import licences for raw materials, components, spares, machinery and other goods, and also the release orders issued to manufacturer-exporters under the import policy for Registered Exporters shall be subject to the 'Actual User' condition for the utilisation of the imported goods, as laid down in chapters IV and VI of this book.

(2) Licences/release orders issued to nominees of registered expor- ters.—Import licences for raw materials, components, spares, machinery and other goods, and also the release orders issued to manufacturers nominated by registered exporters under the import policy for Registered Exporters shall be subject to the 'Actual User' condition for the utilisation of the imported goods, as laid down in chapters IV and VI of this book,

(3) Licences/release orders issued to merchant exporters.—Import licences aud release orders issued to merchant exporters under the import policy for Registered Exporters shall be subject to the condition that the licensee shall not sell or otherwise dispose of the imported materials but use them in the manufacture of the goods exported provided the manufacture of such goods elsewhere is undertaken on the licensee's account.

(4) Licences/release orders Issued to eligible Export Houses.—Import licences and release orders issued to eligible merchandising Export Houses under the Import policy for Registered Exporters, and import licences acquired by eligible Export Houses by transfer from registered exporters under the said policy, shall be subject to the condition that the imported materials shall be disposed of to actual users engaged in export production. The Export Houses may also utilise the imported materials for export production on their own account in the manufacturing establishments owned by others.

(5) Transfer of import replenishment licences.—Merchant cxnorters and manufacturer—exporters may be allowed, on request, to transfer import replenishment licences issued to them under the import policy for Register- ed Exporters, in favour of the State Trading Corporation, or the Minierals and Metals Trading Corporation, or an eligible merchandising Export House. The request for transfer should be supported by a written consent of the proposed transferee. Such transfers will be regulated in terms of sub-clause 5(3 )(i) of the Imports (Control) Order, 1955, in accordance with the provisions made in the relevant Import Trade Control Policy (Volume 11).

(6) Licences issued against RCM ami jewellery exports.—Import licences against exports of gem and jewellery will be issued in the name of registered exporters under the import policy for Registered Exporters, without the usual 'Actual User' condition imposed on other licences issued under this policy.

(7) Classification regarding Industrial Unit.—For the purpose of complying with the 'Actual User' condition in respect of imported materials, the manufacturer-exporters and nominee-exporters shall utilise the imported materials only in the factory at the address shown in the application against which the licence/release order is issued., and for the purpose for which the licence/release order is issued. The imported material* shall not be used in a different industrial unit even if the industrial unit holding the licence rtlease order and the industrial unit in which the goods are used, are owned by the same person or the same set of persons, or have a common IVC registration/exemption number. This definition of an industrial unit will also apply in the matter of claiming imports of items appearing in the Actual User licences in terms of the import policy for Registered Exporters, as clarified in sub-paragraph 115(5)(iin of this chaDter.

L1CCofI&E/70—4

Procedure for the grant of 'Advance', 'Imprest' and 'On Account' licences

(i) Advance Licences

119. (1) Applications from registered exporters, for the grant of advance licences or C.C.Ps. or release orders for raw materials required lor the execu- tion of firm export orders, will be considered on merits.

(.2) Requests for the grant of GGPs. for import of rough diamonds,

uncut precious stones/semi-precious stones and undrilled pearls, for proces-

sing and re-export to the foreign supplier, will also be considered on

merits.

(3) 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.

(4) Requests for the grant of advance licences, for the execution of

other types of firm export orders with different modes of payment ^uch as

sight draft/D.A. basis may also be considered depending on the merits of

each case.

(5) Eligible registered exporters should submit their applications in the prescribed form as in Appendix 4 (Annexure IX) to the licensing authority concerned, within whose jurisdiction the applicant is situated, and forward a copy of the application 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 the grant of C.GPs. should be routed through the Gem & Jewellery E. P. Council, Bombay.

(6) In the case of export orders for textile machinery, applications .!•'•••>• advance licences should be addressed to the Joint Chief Controller of Imports and Exports, Bombay, and routed through the Textile Commissioner, Bombay, irrespective of the licensing authority in whose jurisdiction the applicant is situated.

(7) Applications should be accompanied by the following documents :—

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

(b) Original with a certified copy of the export order, secured by

the applicant.

(c) Photostat copy of the relevant irrevocable letter of credit cover-

ing full value of the export order.

(d) Any other documentary evidence relevant to the export order

and the type of material to be used in the export product.

(e) Five copies of the list of items applied for.

(8) Where imports of any of the permissible items are sought to be made from rupee payment area, a separate set of 6 copies of the list of items to be imported from such area should be sent with the application for import licence.

(9) The value for which an advance import licence may be issued wji! be within the maximum value as admissible against the particular export product under the import policy for Registered Exporters. Wh?re an advance licence is issued for a value less than the value admissible against the exports made in execution of the relevant export order, the applicant can claim an import licence for the balance amount under the import policy in force, after the exports against the firm order, in question, have

b"cn made, provided that there is no condition to the contrary on the advance licence issued to the party.

(10) The items to be licensed would be those considered essential for the manufacture of the export product provided such items are permissible in terms of the policy in force.

(11) The licensee shall ordinarily be required to fulfil the export obliga- tion within a period of six months from the date of importation of the first consignment against the advance licence in question. Exports effected prior to the date of importation of the first consignment and after the date of application for advance licence may also be considered towards discharge of export obligations, provided that the export documents clearly indicate that the exports were effected in fulfilment of the specific export order, produced by the applicant at the time of application for advance licence.

(12) Request for allowing a longer period of time either initially or subsequently by way of extension for fulfilment of the export obligation may also be considered on merits.

(13) Before clearance of the first consignment, the applicant will ordinarily be required to execute a bond with Bank guarantee as in proforma at Appendix 33 for an amount equal to 50 per cent of the c.l.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 io.b. value as may be fixed by tho licensing authority.

(14) The bond amount will be liable to forfeiture in the event of the non-fulfilment of the export obligation within the prescribed time-limit. This will be without prejudice to the adjustment of excess licensing against the licensee's future A.U., R.E.P. and other licences, de-reglstration, and any other action that may be taken against the licensee or any other person under the Imports (Control) Order, 1955, as amended.

(15) Ordinarily, a second advance licence will not be issued to an applicant in whose case an earlier advance licence with an export obliga- tion is still outstanding.

(16) As evidence of the fulfilment of the export obligation and for the redemption of bond, the licensee will be required to submit the same documents as are to be produced for claiming replenishment licences against past exports under the import policy for registered exporters.

(ii) Imprest Licences

120. (1) Applications for the grant of 'Imprest' licences for import of raw materials, components and parts, and for the issue of 'Imprest* release orders on a canalising agency for supply of materials for meeting the require- ments of a phased export programme, may be considered from registered manufacturer-exporters who are not in a position to produce evidence of firm export orders, but have an organised and phased programme of exports.

(2) Applications for 'Imprest' licences/release orders may be made by eligible registered manufacturer-exporters direct to the Chief Controller of

Imports and Exports, New Delhi (Export Promotion Division), in the same from in which an application for an Advance licence is made, as given in in Appendix 4 (Annexure IX). The application should be supported by a treasury challan for Rs. 50/- towards application fees. The applicant should also furnish details in regard to the products normally manufactured and exported by him, and the application should be supported by a state- ment, certified by a Chartered Accountant, giving details of the exports made by the applicant during the preceding two years of the products for the export production of which the Imprest licence/release order is requir- ed. It will not be necessary for an applicant to produce evidence of firm export orders while applying for Imprest licence/release order, but he should give details of the export orders, if any, in hand, and the export prospects for the year.

(3) Along with the application, the applicant should furnish 6 copies of the list of items applied for.

(4) Applications for Imprest licences/release orders will be considered in respect of items permissible under column 4 against the specific export product, or the items licensable to actual users under the import policy in force for the manufacture of the specific export product. Imports of items of a speculative nature, such a stainless steel, ivory and synthetic yarn, will not be allowed against Imprest licences/release orders.

(5) Applications for Imprest licences/release orders will ordinarily be considered for an amount not exceeding Rs. 2 lakhs. Requests for higher value licences/release orders may be considered on merits, having regard to the past exports of the applicant and other relevant factors.

(6) The value of Imprest licence/release order will be adjusted against the import replenishment licences that may be due to the applicant during each export period under the import policy for Registered Exporters, The adjustments will be made in instalments spread over a period of one year from the date of issue of the Imprest licence/release order, in the manner and to the extent laid down in each case, and subject to such other condi- tions as may be prescribed.

(7) The licensee shall be required to execute a bond undertaking to export the goods of a specified value and description, and within a specified time limit, as may be decided in each case by the licensing authority. The bond shall be supported by a bank guarantee in the proforma given in appendix 33, for an amount equal to 50 per cent of the c.i.f. value of the licence/release order, for fulfilment of the export obligation. Such bond and bank guarantee will be executed before clearance erf the first consign- ment against the licence, in question, or before obtaining supplies of the goods against the release order as the case may be.

(8) The bond amount shall be liable to forfeiture in the event of non- fulfilment of the export obligation as per the conditions laid down. This will be without prejudice to the adjustment of the excess licensing against the licensee's future A.U., REP and other licences, de-registration of the licensee, and any other action that may be taken against the licensee or any other person under the Imports (Control) Order, 1955, as amended.

(9) Applications for a second Imprest licence/release order will not be entertained from an applicant in whose case an earlier Impiest licence/ release order with an export obligation is still outstanding

(iii) On Account Licences

121. (1) Applications for the grant of 'On Account' licences for import of raw materials, components and parts and for the issue of 'On Account' release orders/ on a canalising agency for supply of imported materials, will be considered from established manufacturer- exporters having an annual export performance of more than Rs. ten lakhs in value (FOB) during the preceding year in respect of certain specified export products, in terms of the import policy for Registered Exporters as laid down in the relevant Import Trade Control Policy (Vol. II).

(2) Applications for 'On Account' licences/release orders may be made by eligible manufacturer-exporters to the licensing authorities con- cerned, in the prescribed form as given in Appendix 4 (Annexure XVI), accompanied by the following:—

(i) Treasury challan for Rs. 50/- towards application fees.

(ii) A statement indicating the particulars of exports made by the applicant in the preceding year (April-March) in respect of export products in the specified product groups as laid down in the relevant import policy. The statement should contain separately in respect of each export quarter of the preceding year, and for each specified product-group as a whole, the total F.O.B. value of exports made by the applicant for products falling in the product group. It is not necessary for the applicant to give in the statement the details, export—product- wise or shipment-wise. The applicant should include in the statement only those exports against which applications for import replenishment licences have been made by him under the import policy for Registered Exporters and in respect of which the applicant has not received, till the date of the appli- cation for 'On Account' licence, any intimation from the licensing authority to the effect that the exports, in question, are not acceptable for any reason. The statement should be certified by a Chartered Accountant.

(iii) A statement showing the C.I.F. value of import licences receiv- ed by the applicant under the import policy for Registered Exporters, during the preceding year (April-March), whether as a manufacturer-exporter or as a manufacturer nominated by a registered exporter, against exports of products falling in the specified product groups to which the relevant import policy for the grant of 'On Account' licences/release orders is applicable.

(3) Applications for the grant of 'On Account' licences/release orders will be considered in respect of those items of raw materials, components and parts for which the applicant received import licences under the import policy for Registered Exporters during the preceding year (April-March), against exports of products falling in the specified product groups, and which are

permissible under the import policy in forco at the time when the 'On Account' licence/release order is issued.

(4) The applicant is not required to produce an export order in support of his application for an 'On Account' licence/release order. The licence/release order will not be subject to an export obligation. It will, however, be a condition of the licence/release order that the value of the 'On Account' licence/release order shall be adjusted against the normal import replenishment due to the applicant against his own exports under the import policy for Registered Exporters. The adjustment will be made in four, six or twelve instalments, depending on the frequency with which the applicant makes his import applications as a manufacturer exporter under the import policy for Registered Exporters. Such licences/release orders will also be subject to other conditions as may be laid down by the licensing authority.

Advance releases/licensing to producers for production of colour feature films in 35 m.m.

122. (1) Requests for advance allocation of colour raw stock imported by the S.T.C. from General Currency Area, and for import licences for other requisites, will be entertained from producers intending to produce colour feature films for exports. Such requests will be 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 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:—

Release of colour negative

Release oF colour positive.

Import licence for make-up materials.

Import licences for photograrhJc Paper (colour) and chemicals required.

80 Rolls.

200 Rolls.

Rs. 5000/-

Rs. 15,000/- (licence for Rs. 5,000/- only will be issued during the first stage; licence for the balance amount will be issued after half of the negative of the film has been completed.)

If a producer should desire to have more raw stock in the 'first stage' thaa indicated above, he will have to undertake an additional export obli- gation 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 release in the second stage.

(ii) Second stage.—The release of colour positive will be made on the following conditions:—

Further releases of colour positive will be made on the basis of a bond supported by hank guarantee to be furnished by the applicant-producer to the licensing authority concerned, undertaking to export the exposed film and to realise thereform and surrender to the Indian Exchange Control, pro- ceeds on f.o.b. basis, to the extent of Rs. 2.0 lakhs or 180%of the ci.f. value of the additional raw stock released from General Currency Area, whichever is higher.

If the applicant-producer has taken less raw stock from the General Currency Area licences than he ia 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 ont above for the 'Second Stage' by an amout equal to 180% 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% of the f.o.b. value of the export obligation, and the bank guarantee should be valid up to a period of at least one year after the last date fixed for the fulfilment of export obligation,

(3) The period of fulfilment of export obligation will be two years from the date of the first release of raw stock under the 'second stage*. When the producer does not avail himself of any release under the "second stage', the period of fulfilment of the original undertaking of Rs. 2.0 lakhs furnished by him for allocations under 'first itage', would be two years from the date of that undertaking.

Advance allocation of raw stock to merchant-exporters

(4) (i) Requests from merchant-exporters for advance release of colour positive imported by the S.T.C. from the G.C.A. for production of "extra prints" for export, will be considered on merits subject to the applicant undertaking to export exposed prints and to realise therefrom and surrender to the Indian Exchange Control, proceeds on f.o.b. basis to the extent of 180 per cent of the c.i.f. value of the releases made.

(ii) In the case of advance releases of colour positive for extra prints, the amount of bank guarantee will be 25% of the value of the export obli- gation.

(5) For non-fulfilment of the export obligation, the provision of para 119(14) will apply mutatis mutandis.

Procedure for Registration of Contracts

123. (1) A scheme has been introduced providing for certain benefits under the import policy for Registered Exporters in respect of exports made in execution of registered contracts. The details of the scheme and the contracts qualifying for registration, are given in the relevant Import Trade Control Policy (Volume II). Exporters claiming benefits of the scheme should have their contracts registered in accordance with the prescribed procedure.

(2) The contracts, in question, will be registered by authorised dealers in foreign exchange (i.e. the banks) through which the relevant export docu- ments are negotiated. The registered exporter should approach the bank concerned within a, period of 14 days from the date of the firm export con- tract. He should produce the original contract with two copies thereof and an abstract of the contract in the proform appearing in Appendix 4 (An- nexure XVII). The abstract should indicate the date of the contract and should be duly signed by a constituted attorney of the exporter over the letter's stamp.

(3) The authorised dealer in foreign exchange, i.e. the bank concerned will register the contract in Its records and make the following endorsement on the original and both the copies of the contract:—

"This contract has been registered with us and entered in our re- cords under registration No dated The date of the contract has been verified to be

Signature

Stamp of the bank"

(4) The bank will return the original export contract to the exporter and forward one copy bearing endorsement of registration, to the licensing authority within whose jurisdiction the exporter is situated. The second copy of the contract will be retained by the bank for its own record.

(5) Only such contracts will be acceptable for registration which are firm contracts (final offer and acceptance) between the overseas buyer and the registered exporter, and clearly indicate all the relevant particulars such as overseas buyer's name and address, description of the products to be exported, total value of the contract, details of delivery schedule, terras of payment and other relevant particulars. For the purpose of determining the date of contract, the date on which all the terms and conditions have been finally settled, will be taken as the crucial date of contract.

(6) If there are any variations/modifications in the delivery schedule of the export product as given originajly in the. contract, subsequent to Its finalisation, the registered exporter should produce necessary documentary evidence along with the original contract to the bank concerned. The bank will thereupon send an intimation to the licensing authority concerned, in continuation of the earlier communication with which a copy of the contract was forwarded.

(7) In the event of the cancellaton of the contract, the registered ex- porter should, within 15 days, request the bank concerned for cancella- tion of the registration of the contract. The bank should, in turn, send the necessary intimation to this effect to the licensing authority concerned.

Mis-declaration of value or description of exported goods

124. (1) Where a licensing authority considers that the value of the goods exported is over-invoiced, it shall be open to such authority either to

refuse to issue any licence against such exports or to reduce the value of the licence to such an amount as may be deemed fit. In cases where there is a mis-declaration of the description of the products exported, the licen- sing authority will refuse to issue an import licence against such exports.

(2) The action of the licensing authority in terms of sub-paragraph (1) above 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 licences to consultancy firms

125. Applications for the grant of ad-hoc licences in favour of consul- tancy firms may be made by such firms in the prescribed from as given in Appendix 4 Annexure X) to the Headquarters Licensing Division of the Office of the Chief Controller of Imports, New Delhi.

Machinery items

126. Requests for grant of import licences for machinery items, accord- ing to the provision of the import policy for registered exporters contained in Volume II of the relevant Import Trade Control Policy, may be made to the licensing authority concerned in the prescribed from as in Appendix 4 (Annexure XT) duly supported by an essentiality certificate issued by the sponsoring authority concerned certifying the quantity and value of the machinery items applied for.

Additional items

127. The proforma for recommending additional items of import in terms of the import policy for Registered Exporters is given in Appendix 4 (Annexure XIII).

Miscellaneous

128. 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) Issue of letters of authority. (iv) Issue of replacement licences.

(v) Changes in the name, constitution or ownership of the concern, (vi) Appeals against the decision of the decisions authority.

CHAPTER VI

IMPORT LICENSING OF CAPITAL GOODS, HEAVY ELECTRICAL PLANT AND MACHINE TOOLS

(A)—CAPITAL GOODS SCHEME

Definition

129. (1) "Capital Goods", as envisaged in this scheme, comprise such items of Plant and Machinery as are required for new installations, 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 n (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 covered by this S. No. comprising principally:—

(i) Grey Winding Frames. (ii) Colour Winding Frames.

(iii) Ordinary Warping Machines with Creels, (iv) High Speed Warping Machines with Cone Creels. (v) High Speed Cone Winders, (vi) High Speed Bobbin Winders, (vii) Sizing Machines. (viii) Drawing in frames, looms, tape looms, sewing thread ball mak- ing machines, cumbli finishing machinery.

(c) S. No. 37(2)—Component parts of machinery covered by S. No. 37(1).

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), 4(3), 4(4) and 4(5).

(ii) S. No. 5(1)—Looms, tape looms, wool carding machines, wool spinning machines, silk looms, silt throwing and reeling machines, silk twisting machines.

(b) All cotton textile machinery and plant and hosiery knitting machi- nery and spares and component parts thereof of the description given in Appendix 20 to this book falling under S. No. 4, 5 and 6 of Part HI.

Part V.—All goods included in S. Nos. 65(1), 65(2), 65(3), 65(4) and 65(5).

Part VI.—All items included therein.

Cases requiring industrial licences or registration with D.G.T.D.

130. (1,) Applicants for the import of capital goods required for the expansion of industrial undertakings or for the setting up of new industrial establishments for the manufacture of any items mentioned in the First Schedule to the Industries (Development & Regulation) Act, 1951, as amended, should first apply to the Ministry of Industrial Development, Internal Trade and Company Affairs (Department of Industrial Develop- ment), New Delhi, for a jicence under the Act for the proposed expansion/ installation of ihe undertaking in question. 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 tlie applicant. In such cases the application for 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 terms of Government Notifications No. IDRA/29 B / 7 0 /1 dated 19th February, 1970, and No. IDRA/29B/70/3 dated 28th February, 1970, certain types of industries have been exempted from obtaining an industrial licence under the Industries (Development and Regulation) Act. In terms of the policy announced covering such units in the said Notifications, and also in terms of any further Public Notices that may be issued in this regard applications for import of capital goods may be made to the Chief Controller of Imports and Exports through the DGTD, indicating inter-alia that the total investment and total capital goods' import requirements and also requirements of imported raw materials for the full project after implemen- tation, would be within the limits specified for industrial units exempted from provisions of licensing under the Industries (Development and Regulation) Act. A declaration in regard to the above may also be submitted together with the capital goods' import application, in order to facilitate speedy examination.

Applications for Capital Goods

131 (1) With a view to expediting the disposal of applications for import licences for Capital Goods, a separate division exists m 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 spares 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 specified against S. No. 5 ( l ) ' of Part III under sub-para 129(2) above.

(ii) Joint Chief Controller of Imports and bxports (Capital

(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 applications 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 foe import trom rupee payment countries will be considered in con- sultation wilh the Ministry of Industrial Development, Internal: Trade and Company Affairs (Department of Industrial Develop- ment), New Delhi.

(4) The applications under sub-para (3) above should be made to the licensing authorities concerned in the manner detailed below :—

(a) Applications from scheduled industries borne on the books of the Directorate General of Technical Development, should be sent through the Deputy Director (Co-ordination), 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 Commis- sioner, Small Scale Industries, New Delhi. The applicant should send his application to the sponsoring authority concerned who will forward the same with his recommendation (in Part III of the application) 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 Development and non- scheduled industries other than Small Scale should be sent through the sponsoring authority concerned.

(d) Notwithstanding anything contained in sub-paras, (a), (b),. and (c) above all applications for import of capital goods required for setting up additional, capacity in respect of certain industries categorised as kKey' industries (mentioned in Appen- dix 21 to this book) should be sent through the Co-ordination and Licensing Progress Section (CLP Section) in the Depart- ment 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 hx duplicate. 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 the regional licensing authority concerned through the sponsoring authority concerned in form 'B' in duplicate. Appli- cations 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.

(6) The applications should be accompanied by (i) I.V.C. Registra- tion/Exemption Number; (ii) Treasury Receipt towards the payment of requisite application fee on the value applied for; (iii) In the case of appli- cations from small scale units for import of Capital Equipment for replace- ment purposes, a certificate from the Small Industries Service Institute to the eftect 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

132. (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 :—

(i) The applicant should submit his application to the C.C.I. & E. through the D.G.T.D., in duplicate, in the prescribed form (Form ' F) along with seven copies of the list of items sought to be imported, as stated in paragraph 131 above. On receipt of the application, the D.G.T.D. will send an acknowledge- ment-cnm-deficiency letter to the applicant acknowledging the application and pointing out any deficiencies in it. The appli- cant will be given a specified time limit to make up the deficien- cies or to furnish further information or clarification as may be necessary. If the applicant does not furnish the required infor- mation 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 com- pleted 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 imports. If the D.G.T.D. does not consider the import essential, he will forward the application to the Chief Controller of Imports and Exports recommending rejection.

(iii) If the D.G.T.D. considers the import essential, he will scrutinise 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 Exports recommending rejec- tion, indicating the names of the indigenous manufacturers in respect of items not already covered by the Hand Book ot Indigenous Manufacturers.

(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 in Part III of the applica- tion 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 the

D.G.T.D. will also send therewith five copies of the list of goods recommended for import moulding 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 recom- mendations of the D.G.T.D, in terms of the import policy in force and subject to the availability of monetary ceiling.

(vii) The provision regarding "advertisements" contained in para- graph 137 of this book will apply in respect of applications for machinery exceeding Rs. 7.5 lakhs in value.

(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, com- ponents and spares. Such applications will also be dealt with at the head- quarters 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 ex- ceeding Rs. 8,000, the following procedure will be followed:—

(i) The applicant should send his application in duplicate in the prescribed form (Form '£') with seven copies of the list of items sought to be imported as stated in para. 131 above. The application should be addressed to the Chief Controller ef Imports and Exports, New Delhi, and sent through the spon- soring authority concerned.

(ii) On receipt of the application, the sponsoring authority will send an acknowIedgemcnt-cw/M-deficiency letter to the appli- cant acknowledging tho application and pointing out any deficiencies in it. The applicant will be given a specified time limit to make up ihe deficiencies or to furnish further infor- mation 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.

(iii) Complete applications and applications in which the required information or clarification has been furnished by the applicant will be scrutinised by the sponsoring authority from the point of view of essentiality for import. 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. While forwarding the application to the Chief Controller Imports and Exports the sponsoring authority will also suitably inform the applicant and communi- cate to him a gist of the recommendation.

(iv) If the sponsoring authority considers the import essential he will forward the application with his recommendation in Part III of the application to the Development Commissioner, Small Scale Industries, New Delhi.

(v) The Development Commissioner, Small Scale Industries, New Delhi, will examine the application both for essentiality 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 rejection without looking into the indigenous angle. If on the other hand, D.C.(S.S.I.) considers the import essential, 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 indigenous sources he will again forward the application to the Chief Controller of Imports and Exports recommending rejection and indicating the names of indigenous manufacturers of items not covered by the Hand Book of Indigenous Manufacturers.

(vii) In the case of items not available indigenously and whose im- poTt is considered essential, the D.C.(S.S.I.) will forward the application to the Chief Controller of Imports and Exports with his recommendation for a licence. While sending the applica- tion along with the recommendation 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 includ- ing 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 recommen- dation .

(ix) The applications will be considered further by the Chief Con- troller of Imports and Exports on the basis of the recommen- dation of the D.C.S.S.I., New Delhi and sponsoring 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 authority to recommend a licence within the raw material ceiling allocated to him. In such cases the application should be forwarded by the sponsor- ing authority with his recomrnenation to the regional licensing authority concerned, with suitable intimation to the applicant giving him a gist of the recommendation. 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).

Note.—Applications from units manufacturing textile machinery (in- cluding jute textile machinery) should be forwarded by the sponsoring authorities concerned to the Chief Controller of Imports and Exports, New Delhi direct and not through the D.C.(S.S.I.), New Delhi.

(4) Small Scale units for value upto Rs. 8,000.—In respect of applica- tions 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 131 above. On receipt of the application, the sponsoring authority will send an acknowledgement-cww- deficiency letter to the applicant, acknowledging the application and pointing out any deficiencies therein. The applicant will be given a specified time limit to make up the deficiencies or to furnish information or clarification as may be necessary. If the applicant fails to furnish the required information/clarifica- tion etc., within the specified time limit, the application will be liable to be recommended for rejection.

(ii) Complete applications or applications in which the required information/clarification has been furnished by the applicant will be forwarded by the sponsoring authority to the regional licensing authority concerned with his recommendations. 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.

(iii) The value of import licenses issued in such cases will be debit- able to the raw material ceiling allocated to the sponsoring authority concerned. It no ceiling for raw material is allocated sponsoring authority-wise, the value of import licenses issued against such applications recommended by the sponsoring authorities, will be debitable to the monetary ceiling earmarked for import of raw materials by S.S.I, units.

(iv) If the machinery or machine tools sought to be imported is not licenstiable to actual users in terms of the import policy in force, the sponsoring authority should refer the application to the D.C.(S.S.I.) New Delhi for indigenous clearance before mak- ing a recommendation for the licence. The D.C. (S.SJ.) will give indigenous clearance on the basis of the pacakage clearance obtained by him from the D.G.T.D. in advance. If, in any particular case, the machinery applied for does not appear in the list of package clerance maintained by the D.C.(S.S.I.), the application will be placed before the S.S.I. Committeo 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.). It may be clarified that in the case of units manufacturing textile machinery (in- cluding jute textile machinery), the indigenous clearance will be certified by the sponsoring authorities concerned without refer- ence to the D.C.(S.S.I.), New Delhi.

(v) The licensing authority will consider the application further or the basis of the recommendation of the sponsoring authority and in terms of Ihe import policy in force.

Other Industries

(5) In respect o£ applications for import of capital goods from indus- trial units other than (a) D.G.T.D. borne units, (b) small scale 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 ol items sought to be imported as stated in para 131 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 acknowledgenient-cwm-deficiency letter to the applicant acknowledging the application and pointing out deficiencies therein. The applicant will be given a specified time limit to make up the deficiencies or to furnish any information or clari- fication thai 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.

(iii) Complete applications and applications in which the required information/clarification etc., has been furnished by the appli- cant will be scrutinised by the sponsoring authority from the point of view of essentiality for import. 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. with its recom- mendation in Part III of the application. The D.G.T.D. will examine it from indigenous angle and send it with his recom- mendation to the Chief Controller of Imports and Exports, New Delhi. While sending the application to the Chief Con- troller of Imports and Exports, the D.G.T.D. will also send therewith five copies of the list of items recommended 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 spon- soring authority will then suitably inform the applicant giving him a gist of the recommendation.

(v) The Chief Controller of Imports and Exports will consider the application further on the basis of the recommendation 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 authorities 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 recommended by the sponsoring autho- rities against the. monetary ceiling earmarked or allocated for the import of raw materials, components and spares. The sponsoring authorities will forward their recommendations 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 authorites should obtain 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, quarries and tea industries.— Import applications for textile, jute, hemp and rope, quarries, coal and tea machinery should be made to the concerned licensing authority as t'iven in para. 131 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 oack- age 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 clear- ance. The licensing authorities will consider the applications further on the basis of the recommendations of the sponsoring authorities and in teruis of the import policy in force subject to availability of monetary ceiiing.

Import of Mining Equipment

(8) (a) Applications for the import of mining equipment (other than coal mining equipment) from mining industry will be considered by the Chief Controller of Imports and Exports, New Delhi on the recommenda- tions of the Ministry of Petroleum and Chemieals and Mines and Metals (Department of Mines and Metals), New Delhi. The applicants should submit their applications to the Ministry of Petroleum and Chemicals, and Mines and Metals (Department of Mines and Metals), New Delhi, along with an essentialty certificate (in original) obtained from any one of the following :—

(i) Chartered Engineer, (ii) Indian Bureau of Mines, (iii) State Mining Department.

(b) The applications should also indicate—(i) the country from which the equipment is sought to be imported and (ii) the production and export of the mineral ores from their mines during the preceding three years.

(c) The Department of Mines and Metals will obtain indigenous clearance from the D.G.T.D. and thereafter, send the applications to the Chief Controller of Imports and Exports, New Delhi 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 should be made through the D.G.T.D. in the case of units borne on his list, through the Development Commissioner, Small Scale Industries, New Delhi, for small scale units and through the sponsoring authorities concerned in the casei of other units.

Import of instruments etc.

133. Import of instruments, testing machines and testing equipments,, 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 considered by the licensing authorities

(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 applica- tions will be recommended by the sponsoring authorities con- cerned against the monetary ceiling car-marked or allocated for import of raw materials, components and spares. The appli- cations should be made on the application form prescribed for raw materials, components and spares.

(ii) Applications in excess of the value limits indicated in (i) above, will be considered by the Chief Controller Imports and Exports, New Delhi, or the Joint Chief Controller of Imports and Exports, Bombay, or Joint Chief Controller of Imports and Exports, Calcutta, as the case may be, on the recommenda- tions of the sponsoring authorities concerned, against the rnoaa- tary ceiling ear-marked or allocated for import of capital goods. The applications should be made in the prescribed form 'E\

134. Intimation to licensing authority regarding utilisation of licences for import of capital goods/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 condition(s) as may be imposed on or applicable to such licences :—-

"ft 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 hah¹ 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 the 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 conditions inter alia :—

(i) 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 bunks authorised to deal in thff foreign exchange and State Finance Corporation, provided that the particulars of the goods to be pledged arc reported by the licensee in advance to the licensing authority.

(ii) The goods covered by this licence shall be used only for the manufacture of (Name of end-product(s) and for the capacity licensed under the Industries (Dev. & Reg.) Act 1951 or approved by Government.

(iii) The import of spare parts against this licence shall be governed by the provisions of paragraph 152 of the Import Trade Control Hand Book of Rules & Procedure in force at the time of shipment of the goods."

135. 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 machinery and plant as are manu- factured 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 suppliers) will be required to give a guarantee in regard to the performance of the equipment in question notwithstanding the fact that a part of the plant (which will, of course, be -of proved efficiency) may have to be purchased, from indigenous sources.

(2) While recommending the application for import of capital goods,, the sponsoring authority should also give full justification for certifying essentiality for import. The recommendation of the sponsoring authority should be recorded in Part ITT of the application.

Important hints to applicants of capital goods

136. (1) It is of utmost importance that :—

(a) Applicants for import licences ior 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) Applicants 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 re- sources to take advantage of the licence.

(d) Applicants should send their application for licences through the sponsoring authorities concerned and advance copies of the application should not be sent to the licensing authorities. The licensing authorities with not take any action on the advance copies received by them.

(e) No column of ihe application should be lett blank.

(2) Applicants who would like to approach financing institutions refer- ed to in para. 143(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 D.G.T.D. with a view to ensuring that the imports asked for are broadly in conformity with the manufacturing scheme and do not include items which arc ordinarily not allowed to be imported. On the basis of such scrutiny, the application will be further processed, and if approved in prin- ciple, the applicant will be informed that he may negotiate with the financial institution(s) for foreign exchange loan up to a specified amount. The (inal list of goods will, however, have to be scrutinized in the usual man- ner by the D.G.T.D. 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 by D.G.T.D.

Advertisement to be made by applicants

(Notice to indigenous manufacturers)

137. (1) As a further step 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 advertise their require- ments in the manner stated below, so that the indigenous manufacturers have an opportunity of offering to supply the goods in question.

(2) The advertisement shouldi indicate, inter-alia, full specifications, make, model and other detailed particulars of the machinery or equipment or machine tools etc., sought to be imported, the desired period of delivery and other relevant information. It should be specifically indicated in the advertiscment whether the drawings in respect of the required machinery or equipment, etc., would be provided.

(3) The advertisement should be got published in the Indian Trade Journal issued by the Directorate General of Commercial Intelligence and Statistics, 1, Council House Street, Calcutta-1. The advertisements, in question, appearing in the Indian Trade Journal, will be serially numbered. If the applicant so desires, he can also have it published in any other newspaper or journal in addition Lo the Indian Trade Journal.

(4) The indigenous manufacturers should be given a time limit of 45 days to respond to the advertisement.

(5) 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 thereof, under registered cover, to the Directorate General of Technical Develop- ment, New Delhi (Co-ordination Section). At the top of the reply, the Serial Number of the advertisement as appearing in the Indian Trade Jour- nal, should be quoted to facilitate proper referencing. In their reply the indigenous manufacturers should mention the specifications and particulars of the goods which they are in a position to supply, the period of delivery

prices and other relevant terms. If the indigenous manufacturers are not in a position to supply any item in the required specifications, but they can supply suitable substitutes thereof, the full specifications of such substitutes should be given in the reply along with other relevant particulars.

(6) Industrial undertakings whether in the public or private sector which have imported machinery lying surplus with them, and are, therefore, in a position to meet the requirements in response to the advertisement, should also inform the applicant within 45 days of the advertisement, with a copy there- of, under registered cover, to the Directorate-General of Technical Deve- lopment, New Delhi (Co-ordination Section) in the same manner as indi- cated in sub-paragraph 5 above. In their reply, full particulars of the machinery, its c.i.f. price and sale price demanded, age of the machinery and other relevant terms should be mentioned. It should also be men- tioned whether the machinery, in question, is lying un-used or has been used, and if so, for how long; the present condition of the machinery should be clearly described. If the machinery in question had been imported against a licence, the particulars of the licence should be indicated.

(7) The failure to respond to the advertisement on the part of those who are in a position to meet the demand, will lead to under-utilisation of existing capacity and to avoidable imports. Indigenous manufacturers, both in the public and private sectors, are advised in their own interest to res- pond in the prescribed manner to the advertisements in respect of goods which they are in a position to supply.

(8) After 45 days of the advertisement, the intending importer may apply for an import licence for the machinery or equipment or machine tools, in question, to the Chief Controller of Imports and Exports, New Delhi, through the Directorate General of Technical Development, New Delhi. If the import application is not made within three months after the expiry of 45 days from the date of advertisement, the advertisement already made will be of no effect, and the applicant will have to advertise again in the manner indicated in this paragraph, in case he seeks to import the goods in question.

(9) In the import application, the applicant should state the date of advertisement, and attach thereto a tabular statement of responses received to the advertisement , and also indicate in clear terms the responses which are acceptable to the applicant. The import application should be made only in respect of goods for which no response has been received from the indigenous manufacturers or the response received is not suitable to the applicant for the reasons to be indicated hi the tabular statement referred to above. The applicant should also send with his import application two copies of the advertisement.

(10) Applications for import of capital goods or machine tools hi respect of which the advertisement procedure contained in this paragraph is not followed, will be liable to be rejected.

(11) In the case of applications for import of textile, jute, hemp and rope, quarries, coal, mining ("other than coal) and tea machineries, the indigenous manufacturers should send their reply to the advertisement to the sponsoring authority concerned (in place of the D.G.T.D.), and import application should also be made by the applicant to the regional licensing authority as given in para. 131 above through the sponsoring authority concerned.

[ P A RT I —S EC ! 11 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 • 4 0 3 / 1 19

Import of second-hand machinery

138. Applications for import of second-hand or reconditioned machinery should always be accompanied hy 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.

139. Clearance in principle for the entire requirement of foreign ex- change to be obtained at the time of initial application.—it is important that importers secure clearance in principle for the entire requirements of foreign exchange for setting up a, new plant or completing 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 applications. 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.

140. Tmport of textile machinery other than for jute and hemp.—Impor- ters of textile machinery, other than jute and hemp may note that :—

(i) Applications for productive machinery a,s indicated in Appen- dix 20 will not be entertained from applicants who are not consumers or promoters having approved programme.

(ii) Applications for 'non-productive machinery' will not be enter- tained from applicants other than the actual users.

(iii) Applications for hosiery and knitting machines will be consi- dered from Actual Users in terms of the policy laid down in the relevant Import Trade Control Policy Book.

141. Exceptions.—An exception to the above broad principles of licens- ing of Capital Goods is, however, made in the case of :—

(a) Complete Ring Frames; (b) Spare parts of Ring Frames, including spinning spindles, fluted roller and tin rollers;

(c) Power looms; (d) Carding Engines; (e) Certain accessories and millstores 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, issued from time to time.

142. Machinery for stock and stole 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 and sale will not be licensed under the Capital Goods Scheme. Similarly, import of construction machi- nery will also not be covered by this scheme.

143. 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 lor the project from the Industrial Credit and Investment Corporation of India, Bombay and the Industrial Finance Corporation, New Delhi;

(cj Long term foreign exchange loans from financing institutions abroad, such as the U.S. Economic Development Loan Fund, the U.S. Export-Import Bank, the Commonwealth Development Finance Corporation, London, and the International Finance Corporation, Washington.

(d) Imports financed by the National Small Industries Corporation of India, New Delhi, under their hire-purchase scheme for small scale industries;

(e) 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.

144. Applications lor import licences will be considered having due 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 143 above. If the scheme is not considered to be of sufficient priority and/or if funds available with the Government can- not be allocated, import applications in respect of such schemes will be rejected.

Import of Capital Goods by export-oriented units

145. (1) Applications for the import of capital goods, equipment, dies, jigs and tools required by exporting units 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 this allocation will be for the expansion, modernisation, diversification of production facilities as well as for research and development, with a view to accelerating the exports. The import of such machinery, etc., required by exporting units to manufacture quality products so as to bring up their product designs and packing standards to international levels will also be considered. ~ These special facilities are intended to assist manufacturers with a good export per- formance, so that they may be enabled to further intensify their export drive.

(2) Exporter-manufacturers intending to take advantage of these special facilities for export production should address their applications for licences to the Deputy Secretary (TAEP), Ministry of Foreign Trade, Government of India, Udyog Bhavan, New Delhi, in the prescribed form 'E\ along with the requisite application fee and other documents 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 pro- fonna which has been added for this purpose as Part II of the application form 'E\

(3) Applicants should carefully check that the application is complete in all respects and is supported by a certificate of the export promotion council concerned, regarding export performance of the applicant both in terms of f.o.b. value and quantity of the exported product as well as the production figures. The applicant should also follow the advertisement pro- cedure as laid down in paragraph 137 above, in cases where the value of capital goods applied for is Rs. 7.5 lakhs and above.

(4) The Ministry of Foreign Trade, New Delhi, will process the import applications and forward them to the Chief Controller ot Imports and Ex- ports, New Delhi, with their recommendations. The Chief Controller of Imports and Exports will deal with the applications on the basis of such recommendations.

{5) Export conditions on C.G. Licences.—(a) Applications for import of capital goods may also be considered subject to export conditions as may be decided in each case, requiring the licensee to export goods of a specified description and value/quantity within a specified time limit, and subject to such other conditions as may be prescribed.

(b) A licence issued for import of capital goods with an export obliga- tion will be subject to tine condition, inter-alia, that the licensee shall execute a bond/legally acceptable undertaking in regard to the fulfilment of pres- cribed export performance. The bond/legal undertaking should be supported by a bank guarantee for an amount equal in value to the annual obligation of exports. In lieu of a bank guarantee, the licensing authority may also ac- cept the legal undertaking executed by the licensee, to the ell'ect that in the event of his inability or failure to export directly, the goods in accordance with the prescribed export obligation, he shall hand over to the State Trad- ing Corporation or such other agency as the Government (including the CCI&E, New Delhi) may nominate, twice the difference between the stipu- lated annual commitment/obligation and actual exports, and in addition pay to the nominated agency a specified amount by way of liquidated damages. The form in which the licensees will be required to give the legal under- taking appears in Appendix 35.

(c) A special cell known as "Export Obligation Cell' has been set up in the office of the Chief Controller of Imports and Exports, New Delhi, to co-ordinate follow-up action in cases where capital goods import licences. Industrial licences or approvals to foreign collaborations are issued subject to export conditions. The manufacturing units concerned will be required to furnish periodical returns to the Chief Controller of Imports and Exports, Udyog Bhavan, New Delhi (Export Obligation Cell) indicating their *xport performance in the form and manner as may be prescribed by the Chief Controller of Imports and Exports. Such returns shall be in addition to the returns which the unit will be required to furnish to the regional licensing authorities in pursuance of the bond/legal undertaking, and to the adminis- trative Ministries concerned.

(d) The performance of manufacturing units which are granted capital goods import licences, or Industrial licences under the Industries (Develop- ment & Regulation) Act, 1951, or approvals to foreign collaboration ar- rangements, subject to export conditions, will be reviewed every quarter by an Inter-Ministerial Committee under the chairmanship of the Chief Controller of Imports & Exports, New Delhi, and have a representative of the concerned Ministries and departments and the S.T.C. as members.

(6) The exports made by manufacturers in fulfilment of the export ob- ligation from Ist April, 1970 will be eligible for the grant of import re- plenishment licences in accordance with the import policy for Registered Exporters, subject to such conditions or restrictions as may be stipulated in this regard.

Negotiations for loans

146. 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 institutions require the prior approval in principle of Government. Such requests should bo addressed to the administrative Ministry concerned or to the Chief Controller of Imports and Exports (Capital Goods Division), New Delhi, indicating the value of the equipment, the purpose for which it will be imported, the proposed coun- try or countries of import, the value of imported raw materials/components that will be required annually after going into production, and the particulars of the manufacturing licence, if any, under the Industries (Development and Regulation) Act that may be held for the project.

147. Authorisation to negotiate direct with the U.S. AID authorities and the U.S. Export-Import 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 Rs. 15 crores for Export-Import Bank Loan. Direct negotiations for foreign exchange loans from certain other financial institutions abroad such as the Commonwealth Development Finance Corpo- ration, London and International Finance Corporation, Washington, may be permitted for smaller amounts also.

Imports against free resources

14$. Imports against free resources on cash or deferred payment basis.—When the outlay on imported plant and equipment is relatively small, and is likely to be covered by savings or earnings of foreign exchange (having due regard to the existing level of imports/exports) as a result of the implementation of the scheme within a period of three years, it may be possible to consider applications, to a limited extent, for 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 only 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.

149. 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.

150. Importers to study carefully the condition^ 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.

151. Importers of machinery items are advised to satisfy themselves that the machinery sought to be imported satisfies the conditions laid down in the Factories Act and Rules framed thereunder, or similar rules in force in the country of origin of the machinery.

Imports of Spares

15?. (i) If a licence has been issued for import of capital goods (machinery and equipment) and the words 'spare parts' have not been men- tioned in the description of goods given in the licence, nor a list of spares has been attached to the licence, it will be open to the licence holder to import spare parts to the extent of 10 per cent of the value of the licence, within the overall value of the licence, subject to the condition that restricted sparo parts listed in Appendix 3 to the Import Trade Control Policy (Red Book, Vol. I) in force at the time of import, shall not exceed 5 per cent of the value of the licence, or Rs. 20,000/-, whichever is less, and the value of any single spare part appearing in the said Appendix 3 does not exceed Rs. 2,000'-. The licensee shall import only those spare parts as are required for maintenance of the machinery covered by the licence in question .

(ii) if a licence has been issued for the import of capital goods (machi- nery and equipment) and in the description of goods given in the licence, the words 'spare parts' have also been mentioned, but no list of sparei parts has been attached to the licence, it will be open to the licence holder to import spare parts against the said licence in the same manner and to the same extent as indicated in sub-para (i) above;

(iii) if a licence has been issued for the import of capital goods (machi- nery and equipment) and spare parts, and a list of spare parts has been attached to the licence, but the value of spare parts has not been indicated in. the list, it will be open to the licence holder to import spare parts appear- ing in the list, but the value of the spare parts so imported shall not exceed 10 per cent of the value of the licence, within the overall value of the licence; and

(iv) if a licence has been issued for the import of capital goods (machinery and equipment) and spare parts, a list of spare parts is attached to the licence, and the list of spares also indicates the value allowed, it will be open to the licence holder to import the spare parts appearing in the list and for the value so indicated, within the overall value of the licence;

(v) Within the overall value limit specified for import of spare parts in sub-paras (i) and (ii) above, a licence holder can also import accessories, ancillary equipment and auxiliaries required for maintenance of the main machinery or for use with the main machinery in the licence holders' factory.

153. Validity period of licences. (1) The initial validity period of G.G. licence will be 12 months from the date of its issue subject to the condition that the licensee shall be required to place firm order on the foreign supplier witfiin 4 months from the date of iswue of th licence. If a licensee fails to place firm order on the foreign supplier within 4 months, his request for extending this period of 4 months by another 3 months may be considered

by the licensing authority, on merits, if the said authority is satisfied that the licensee was unable to place firm order within the stipulated period of 4 months for valid reasons and that a refusal to grant further time for placing firm order will cause genuine hardship.

(2) The procedure for revalidation of C.G. licences is laid down in Chapter XI of this book.

(B) Scheme for licensing Heavy Electrical Plant

154. Scope of the Scheme.—(1) 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 oi: connected projects, required to be imported, is not less than Rs. 25, 000 (f.o.b.) :—

Part II.—Serial Nos. 33A, 33B, 34, 36, 38, 39, 40, 42, 43, 45, 46A and 48.

Part III.—Serial No. 4.

Part V.—Serial No. 65.

Submission of applications

155. (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. Registration/ Exemption number, (ii) treasury receipt towards the payment or" requisite application fee, and (iii) any other document/information considered necessary or required in terms of the policy in force.

i

Special form for issue of licences

156. Licences for Heavy Electrical Plant will bear the distinctive mark •H.E.P.' and will be issued in the same special form as in the case of licences for Capital Goods.

Validity period of licences

157. 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 153 above.

158. With regard to revalidation and amendment of c.i.f. value of H.E.P. licences the applicants arc 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

159. The rules and procedure applicable to capital goods as set out in earlier paragraphs will also apply to machine tools.

Submission of applications

160. (1) Actual users in the small scale sector and other actual users referred to in paragraph 131 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 applica- tions should be made in duplicate in the prescribed form (Form 'B ) and should be sent through the sponsoring authority concerned. The sponsor- ing authority will forward the application to the licensing authority con- cerned 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 D.C. (S.S.I.) New Delhi (and give a specific certificate to this effect in his recommendation). Before re- commending 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 recom- mended only for such items as arc neither available indigenously nor from the stocks of the S.T.C.

(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 yalue not exceeding Rs. 16,000/- in the form prescribed for raw mate- rials, components and spares. Such applications will be considered by the C.C.I. & E., New Delhi, on the recommendation of the D.G.T.D. against the celling 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. (1) and (2) of this paragraph, should be made in the prescribed form 'E' to the C.C.T. &E., New Delhi. The applica- tion should be accompanied by seven 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 Directorate General of Technical Development should send their applica- tions through the Deputy Director (Co-ordination), Directorate 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 recommendation to the D.C. (S.S.I.), New Delhi.

(c) Non-D.O.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 requisite amount of application fee, and (hi) any other information/ document considered necessary or required in terms of the policy in force.

(.6) All actual users should include Iheir requirements for import of spares of Machine Tools in their applications for other spare parts.

161. 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.

Full description of the machine tools to be furnished

162. All applications should contain, as far as possible full description of the machine tools desired to be imported, together with the c.i.f. value of each item separately. Descriptive catalogues, if available, should also be sent alougwith the application.

Permissible types ol Machine Tools

163. For the permissible types of machine Tools, Importer should con- sult the Import Trade Control Policy Book for the relevant period.

Licences to meet specific orders placed by D.G.S.&D. etc.

164. 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 ol Licence

165. The period of validity of import licences for machine tools will be as indicated in Chapter XI of this book.

Import of second hand Machine tools

166. 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 wilfe the firm selling the second-hand machine.

(vi) Photograph of the machine if available.

Requests for issue of import licences for second-hand machine tools would be produced to the satisfaction of the licensing authority and the list of items got attached by the licensing authority before shipment is effected, would also be considered on merits in consultation with Development Officer iTools).

Condition applicable to licences for machine tools

167. Import licences for machine tools will be issued subject to the following condition in addition to any other eondkion(s) imposed or deem- ed to have been imposed on the licence under Clause 5 of the Imports (Con- trol) Order, 1955, as amended :—

"This licence is issued subject to the condition that the particulars of goods 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

168. (1) Applications for import of printing machinery will be con- sidered from actual users.

(2) Applications from printers registered as small scale units with the State Directors of Industries, should be made to the Chief Controller of Imports 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 wM record his recommendation in Part IIT of the application form; and wfll also indicate therein whether the machinery sought to be imported is required 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. Suck applications should be made in form 'E\

^4) Under these provision, applications for import licences will be considered from actual users for the import of rotarics and custom-built specific purpose printing machinery. The 'custom-built machines' are tho"e which are specially built/manufactured to a particular specification and design to suit the requirements of an actual user. They arc 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 photogravure, flexographic printing machines for the production of paper bags which have printing and linings on the Inner side, machines for printing special forms, chaUans, delivery notes, etc., ia duplicates, triplicates and quadruplicates each hi different colours of paper, carton and reel ticket printing machines, machines designed for paper lined aluminium foil printing for packing different sizes required by pharmaceutical firms.

(5) The actual users requiring other types of printing machines or rupee area origin may contact the State Trading Corporation of India, New Delhi, or apply for direct import. 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 tiii) Thread Sewing Machines, and not exceeding the c.i.f. value of Rs. 25,000/- (post-deyaluatkm) provided :

(a) 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;

(c) 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

(d) 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), wffl be supplied by the S.T.C. to actual users with the prior approval of the Chief Controller of Imports and Exports, New DeJhi.

Import of Garage and workshop machinery

169. Applications for import of garage and workshop machinery mW 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 form 'E*. The sponsoring authority will record his recommendation in Part III of the application form; and will also indicate therein whether the machinery sought to be imported is required for replacement purposes. The appli- cant should also indicate the country from which the equipment is songht to be imported.

Import of Studio Equipment

170. 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

171. Applications for import of construction machinery will be con- sidered from 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 bis 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.

Units engaged in chemical analysis and testing

172. (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 arc 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 DC(SSI), New Delhi, before recommending a licence.

Garment making Industry

173. Applications from garment-making industry for the import of spares and machines for replacement or expansion purposes and for setting up new units, will be considered by the Joint Chief Controller of Imports and Exports, Bombay, on the basis of the recommendation made by the Textile Commissioner. Such applications should be made through the Textile Commissioner in the prescribed form 'B\

Import of prototypes

174. The procedure for submission of applications for import of prototypes is contained irj Chapter TV of this book.

L1CC of I&E/70—5

CHAPTER VH

SPECIAL LICENSING SCHElilES EQUIPMENTS FOR IRRIGATION

PROJECTS

175. (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 l.T.C. schedule :—

Part I.—Serial No. 17—Cast iron and steel valves and similar conr trols for Water Works, Irrigation and Hydro-Electric sciences.

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—All goods included in Serial Nos. 3 6 ( 1 ), 3 6 ( 2 ), 36(3), 36(4) and 36(5)—required for Irrigation and Hydro-Electric schemes.

Part V.—Serial No, 65—All goods falling under Serial Nos. 65(1), 65(2), 65(3), 65(4) and 65(5) when required for Irri- gation Projects. Serial No. 92—Water meters and measuring instruments re- quired for Water Worts, Irrigation and Hydro-Electric Projects.

(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.

(5) Period of validity.—The period of validity of the licences grant- ed under this scheme has been indicated in Chapter XI of this book.

Government Contracts/Stores ordered by Director General of Supplies and

Disposals

176. (1) Special arrangements have been made to deal with applications for import licences by persons or firms, etc., to cover goods in respect 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) showin" inter alia :—

(i) The number and date of the contract,

(ii) Description of goods, (iii) Contractual value of gaods. (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.

Cviii) Source from which foreign exchange is provided and mode of payment.

(ix) Number and date under which indigenous clearance has been .obtained lrom the D.G.T.D. in respect of the goods sought to be imported.

NOTE (1) :—It may be clarified that no indigenous clearance will be necessary for the import of goods which are licensable to actual users in terms of the Import Trade Control policy in force at the tune 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 clearance from the D.G.T.D., before recommending the import.

NOTE (2) :— The D.G.S. & D. will issue the I.R.C. after all the terms and conditions pertaining to the relevant contract have been finalised, and an indication to this effect will be given in tne i.R.C.

(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 eoods under Parts I, II- III, IV and V of the I.T.C, schedule (other than controlled categories of iron and steel) an the form prescribed for established importers (i.e., form 'A') as given 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 Controller of Imports and Exports (Government Licensing Section), New Delhi, attaching the certificate from the Director of Supplies, in original.

(4) The application should be accompanied by I.V.C, Registration/ Exemption number, the treasury receipt, showing payment of application fee, five copies of the list oC goodi sought to be imported and any other docu- ment relied upon by the applicant or considered necessary in terms of the policy in force.

(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."

(9) Intimation to licensing authority.—If, for any reasons, the licensee is unable to utilise the imported material for the purpose for which, the licence has been issued to him and during the period stipulated in the relevant contract, he shall immediately send the necessary intimation to this effect, in writing, to the licensing authority concerned, stating the circumstances in which the licensee has failed to utilise the goods for the purpose for which the import was allowed. On receipt of such intimation, the licensing authority may consider initiatine; action under Clause 10-C of the Imports (Control) Order, 1955, as amended, without prejudice to any other action that may be taken against the licensee or any other person in this behalf.

Stores ordered by State Railways

177. (1) Special arrangements have also been made to deal with applications for import licences from 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 Parts I, II, III, IV and V of the I.T.C, Schedule (other than controlled 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, i 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 Railway authorities 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.

(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 (1)—It may be clarified that no indigenous clearance will be necessary 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 Railway Liaison Officer to obtain clearance from the D.G.T.D. before recommending the import.

NOTE (2)—The Railway authorities will issue a recommendation for the licence after all the terms and condition's pertaining to the relevant contract have been finalised, and an indication to this effect will be given in tho recommendation.

(4) The provisions made in sub-paras ( 4 ), ( 5 ), ( 6 ), and (7) of para- graph 176 above will also be applicable in the case of Railway contracts.

(5) 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 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."

(6) The provisions of sub-para (9) of paragraph 176 above, will also apply to licences issued against railway contracts.

Defence Contracts

J78. Import applications made by persons or firms, etc., to cover goods in respect of which a contract has been placed on them by the Defence organisations, will also be considered on the basis of Import Recommenda- tion Certificates issued by such organisations. The applications should be addressed to the Chief Controller of Imports and Exports, New Delhi (Government Licensing Section) in the same manner as laid down for other Government contracts.

Imports from Afghanistan

179, Imports from Afghanistan are regulated in terms of the trade agreements entered into between the Governments of India and Afghanis- tan from time to time.

Imports from Nepal

180. 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, subject

to such exceptions and limitations as have been made, and are in force, or may be made, hereafter.

Imports by traders in Jammu and Kashmir

181. (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 are, 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.

(2) Where an established importer is eligible to a minimum value quota licence under the relevant import policy, the weightage in terms of sub-paragraph (1) of this paragraph will be allowed to him on such admissible minimum value.

(3) The established importers wili not be eligible to have then- 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.

(4) 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

182. The Government of India have signed Trade Agreements with a number of foreign countries. These Trade Agreements arc 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 Foreign Trade, New Delhi.

Import for stock and sale through Co-operatives

183. (1) Applications for import licences for certain selected consumer goods are considered from National Co-operative Consumers Federation, New Delhi, subject to the availability of ceiling.

(2) Application for licences should DP made to the Chief Controller of Imports and Exports, New Delhi, through the Ministry of Food, Agricul- ture, 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.

CHAPTER VIII

PUBLIC SECTOR

Part A—Industrial undertakings in the. public sector

184. The industrial undertakings in the public sector have been divided¹ into two categories, and the procedure for submission of import applica- tions 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 departmtntally by Central or a State Government; and

(ii) Industrial undertakings which arc run departmentally by CentraJ or a State Government.

Import of raw materials, components and spares

A—Industrial undertakings excluding departmentaUy-run-undertakings

(a) Priority Industries

185. A list of priority industries is given in Appendix 12.

(i) Import of raw materials and components

186. (1) 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 Government), should make their import applications for raw materials and components, end-products wise (which includes related end-products) by way of claiming replenishment of imported raw materials and components consumed by the unit within a given period, in the same manner and sub- ject to the same conditions as have been laid down (or the units bome on the books of the D.G.T.D. and engaged in priority industries.

(2) Applications through D.G.T.D.—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 D.G.T.D. will recommend the applications having regard to the essen- tiality for import as well as the import policy in force. Such applications will not be required to be routed through the administrative Ministries concerned.

(3) Defence and iron and steel industries, in the public sector.—Tn the

case of industrial units under the Ministry of Defence, and the units under the Ministry of Steel and Heayy Engineering, manufacturing iron and steel, a different procedure will be followed. Such units should make their import applications through the administrative Ministry concerned. The administra- tive Ministry will examine the application from the essentiality angle, and forward the same, with their recommendation, to the D.G.T.D., indicating the specific foreign exchange allocation to cover the import recommended. The D.G.T.D. will examine the items, sought to be imported, with reference

to the import policy, in force, and send the applications, with their com- ments, to the Chief Controller of Imports and Exports, New Delhi.

(4) In the case of iron & steel industries, the Ministry of Steel and Heavy Engineering will recommend the application having regard to the performance of the steel plants, inventories they hold and their produc- tion programme for the licensing year as well as the import policy in force.

(5) Form and manner of application.—Applications should be made, in duplicate, in the prescribed form 'C as given in this book, accompanied b y :-

(i) A statement showing consumption, production and un-utilised.

value of licences, in the profonna 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 of these seven copies, cne 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 Import Trade Control Policy Book or any other Public Notice/ Trade Notice, issued hi this regard.

(ii) Import of spare parts

187. (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 during a licensing period.

(2) Applications through D.G.T.D.—Applications for import of spare parts, should be made to the Chief Controller of Imports and Exports, New Delhi, through the D.G.T.D. The D.G.T.D. will send the applications to the C.C.I. & E. with their recommendations. Such applications will not be required to be routed through the administrative Ministries concerned.

(3) Defence industries In the Public Sector.—Industrial units under the Ministry of Defence should submit their import applications for spare parts through the Ministry of Defence (Department of Defence Pro- duction), New Delhi. The Ministry of Defence will examine the application from the essentiality angle and forward it to the Chief Controller of Imports and Exports, New Delhi, with their recommendation indicating the specific allocation of foreign exchange to cover the import recommended. Such application will not be required to be routed through the D.G.T.D., unless the applicant wants to import spare parts listed in Appendix 3 to relevant

[PAWI-SIC.1!] I THE GAZETTE "WlNl>IA"jeritA*|"

Import Trade Control Policy (Vol-I) in excess of the value limits already permitted for such imports, in terms of the policy in force.

(4) Iron and steel industries in the Public Sector.—Industrial units under the Ministry of Steel and Heavy Engineering manufacturing iron and steel should submit their import applications for spare parts through the Ministry of Steel and Heavy Engineering. The Ministry of Steel and Heavy Engineer- ing will examine the applications and recommend the same to the Chief Controller of Imports and Exports New Delhi after obtaining the necessary foreign exchange allocation to cover the import recommended. Such appli- cations will not be required to be routed through the D.G.T.D. When the applicant seeks to import spare parts listed hi Appendix 3 to the relevant Import Trade Control Policy Book (Vol. I ), in excess of the value limits permitted for such imports in terms of the policy in force, the following procedure will be followed :—

(i) (a) The requirements of identifiable units of equipments like motors, compressors, pumps, switch-gears, etc., should be advertised in the Indian Trade Journal, issued by the Directorate General of Commercial In- telligence and Statistics, I Council House Street, Calcutta-1, giving 45 days' time to indigenous manufacturers to respond to the advertisement.

(i) (b) The advertisement should indicate, inter alia, full specifications and particulars of the items sought to be imported. The indigenous manu- facturers 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 thereof, under registered cover, to the Min. of Steel and Heavy Engineering, New Delhi. In their reply, the indigenous manufacturers should mention the specifications and particulars of the goods which they are in a position to supply, the period of delivery, prices and other relevant terms. The applicant should make his import application only for those items which he cannot procure from indigenous sources.

(ii) In respect of restricted items other than those covered by (i) (a) above, the administrative Ministry will send their recommendation to the Chief Controller of Imports and Exports, New Delhi indicating the value up to which such items will be allowed to be imported. Based on the recommen- dation of the Ministry of Steel and Heavy Engineering, the Chief Controller of Imports and Exports, New Delhi will consider the application without reference to the D.G.T.D.

(5) Form and manner of applications.—Applications for import of spore 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 of 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 imported.

(6) No Hst 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. I[ the applicant unit seeks to import restricted spare parts, listed in Appendix 3 to the relevant Import Trade Control Policy Book (Vol. 1), in excess of the value limits already permitted for such import, in terms of the import policy in force, it should furnish a list of such restricted spare parts.

(b) Industries other than the priority industries

Import of raw materials, components and spares

188, (1) Consolidated applications.—Industrial undertakings in the pub- lic sector, engaged in industries other than priority industries (excluding in- dustrial undertakings which are run departmentally by Central or a State Government) should make consolidated applications for raw materials, com- ponents and spares to the Chief Controller of Imports and Exports, New Delhi.

(2) Applications through D.G.T.D.—The applicant units should send its import application in triplicate to the Chief Controller of Imports and Exports, New Delhi, through D.G.T.D., (Import Cell), Udyog Bhawan, New Delhi for scrutiny of the items sought to be imported, with reference to the import policy in force. The application in duplicate will be forwarded by the D.G.T.D. to the administrative Ministry concerned. If the import is considered essential by the administrative Ministry concerned, it will arrange for the release of necessary foreign exchange and forward a copy of the application to the Chief Controller of Imports and Exports, New Delhi for considering the issue of an import licence.

(3) (a) Applications on half-yearly basis.—As far as possible, appli- cant units should apply for import of raw materials, components and spares on half-yearly basis and subject to the same conditions as have been laid down for the units borne on the basis of the D.G.T.D. and engaged hi indus- tries other than priority industries.

(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 ap- plication to the extent indicated in (b) above.

(d) The evidence showing the utilisation of previous licences should 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 con- cerned Bank in support of opening of letter of credit may also be accepted.

(4) Form and manner of application,—(a) The form and manner of application for the units engaged in industries other than the priority indus- tries will be the same as laid down in sut>-paragraph 186(5) above, except that such units will not be required to furnish statement of consumption, etc.

(b) There will be no last date for submission of application during a

licensing period,

(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 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, subject to such restrictions as may be imposed by the licensing authority in terms of the relevant import policy in force. A list of spare parts will be necessary only if the unit seeks to import restricted spare parts in excess of the prescribed value limits, as stated in sub-para. 187(6) above.

(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 of machine tools.

B—Undertakings run deparrmcntally by Central or a State Government

189. 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 tha basis of clearance given by the D.G.T.D.

(2) Applications for licences may be made by such undertakings¹ 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 adrninistra~ 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 186(5) 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.

.190. 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 thf 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.

191. 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 import policy angles; and import licences will be issued to such units on the recommendations of the D.G.T.D. However, in the case of units under the Ministry of Defence, and the units under the Ministry of Steel and Heavy Engineering, manufacturing iron and steel, the D.G.T.D. will scrutinize the applications from import policy 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 import policy 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. 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 clearance 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 import policy 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 Demi, 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 import policy angle, the G.D.T.D. will at test 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-run industrial undertakings, which are 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 clearance obtained by the applicant as indicated in sub- paragraph (3) above.

(8) The licensing authority will issue consolidated licence(s) to each industrial undertaking for the import of raw materials, components and spares except that in the case of units engaged in the priority industries, separate licences will be issued for spare parts. However, instead of issuing consolidated liccnce(s) against a particular application, the licensing autho- rity may issue separate import licences in the following types of cases:—

(a) Where the goods are sought to be imported by the applicant through different agents on the basis of letters of authority;

(b) Where the mode of payment is different, such as free foreign exchange, ATD, Rupee, etc.; and

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

192. Flexibility.—The flexibility provided to actual users in the utilisa- tion of their import licences for raw materials, components and spares in term of paragraph 84 and 85 of this book will also be applicable to the import licences for raw materials, compenents and spares issued to the indus- trial undertakings in the public sector,

193. Emergency licences for spares.—The facility provided to actual users for the grant of emergency licences for import of 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 licensing period. The applications for emergency spares can be made by the undertakings to the Headquarters Office of the Chief Controller of Imports & Exports or to the regional licensing authority concerned. In each application, the undertaking should indicate the value of emergency spares licences already obtained or applied for during the licensing period.

194. Applications for amendment in the licences.—The applications for amendment in licences should be made by the licensee 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.T.D. In the case of undertakings not sponsored by the D . G . T ! D ., the application for amendment in value or goods should be made through the administrative Ministry concerned or supported by the same evidence as is necessary for obtaining an import licence.

195. Applications for invalidation.—The applications for invalidation of licences should also he made direct to the licensing authorities concerned, in the prescribed application form as given in this book. While applying for revalidatiou of licence issued for the import of goods under Foreign Credit, Loan or AID, or other tied resources, it should be clearly indicated whether the date/period up to which revalidation is asked for, falls within the date/period of terminal delivery fixed under the particular Credit, etc.

196. Industrial undertakings of State Governments.—The procedure applicable to the industrial undertakings in the public sector in the preced- ing paragraphs will also apply to the industrial undertakings of the State Governments.

Import of capital goods (plant and equipment)

197. The public sector projects/undertakings should submit their applications for import of capital goods in the prescribed form (Form 'E') 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.

(iij 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). And

(hi) 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 other Public Notice/ Trade Notice, issued in this regard.

198. (1) The applications for licences, should be made to the Chief Con- troller of Imports & Exports, New Delhi, in the manner indicated below :—

(i) The applicant should send his application to the D.G.T.D.

(ii) The D.G.T.D., after giving their comments from the indigenous angle and essentiality, will forward the application to the ad- ministrative 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 necessary release of foreign exchange, if they recommend the import.

(2) Unit; producing iron and steel should submit their applications to the Ministry of Steel and Heavy Engineering. They will examine the require- ments from the essentiality point of view, obtain a clearance from the D.G.T.D, for import and send the application to the Chief Controller of Imports & Exports, New Delhi with then- recommendations. Where they recommend a licence, they will also arrange for necessary foreign exchange allocation.

199. The industrial undertakings in the public sector should send reports 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 ultilised by obtaining licences for the import of capital goods in a particular licensing period.

200. 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, if necessary, in respect of any item, will be imposed by the licensing autho- rity on the basis of the recommendation of the D.G.T.D,

201. 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 applicatnt should indicate, the number and date of the licence against which the goods in question were originally imported.

202. Advertisement procedure.—Industrial undertakings in the public sector applying lor import of capital goods (plant and equipment) for a value exceeding Rs. 7.5 lakhs should follow the advertisement procedure laid down in paragraph 137 of this book.

Part B—State Electricity Boards/Projects Undertakings

(i) Import of maintenance and operational Items of spares and stores.

203. Applications for the import of maintenance and operational items of spares and stores should be made by the State Electricity Boards/Projects Undertaking-, in the form 'K' given in Appendix 3. Such applications should be made to the Chief Controller of Imports, and Exports, New Delhi or to the regional licensing authority in whose jurisdiction the applicant is situated. In the latter case, the State Electricity Board/Project/Undertaking concerned should send an intimation to the Chief Controller of Imports and Exports, New Delhi (Project Licensing Section), in advance, in the beginning of the licensing period. In such cases, the applications, if any, received by the Chief Controller of Imports and Exports, New Delhi, will be forwarded by him to the regional licensing authority concerned for disposal.

204. The applications should be supported by the following :—

(i) An attested copy of the letter containing sanction of 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 Ins import is intended to be made, and that in the case of banned items, a special clearance from the Central Water end Power Commission/D.G.T.D. has been obtained.

(iii) Five copies of the Ust 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, Ruppe, 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 Undertaking 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 re- quired 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.

205. (1) Where an allocation has been made by an appropriate authority to any State Electricity Board/Project Undertaking lor the import of main- tenance and operational items of spares and stores, it will not be necessary for such an applicant to produce with the application for an import licence, the letter containing the sanction of foreign exchange referred to in sub- paragraph 204(i) 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.

(2) In cases where no separate allocation of foreign exchange has been made to an Electricity Board, Project or Undertaking, the applications for licences should be routed through the Central Water and Power Commis- sion, New Delhi.

206. 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 the licence. The Central Water and Power Commission will undertake a check of the items actually imported having regard to indigenous availability.

207. 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) Branch], 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.

208. Emergency licences for spares.—The provisions contained in para- graph 193 of this book for the grant of emergency licences for import of spare parts will also apply to State Electricity Boards/Projects undertaking upto a total vajue of Rs. 10,000 in each case during the course of a licensing period.

Import of raw materials, components and major assemblies

209. The State Electricity Boards/Undertakings/Projects should make their 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 'K' given in Appendix 3. (ii) The application should be in duplicate and supported by the following :—

(a) A treasury receipt showing the payment of application fees on the value applied for.

(It 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.

(iii) 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 duly 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

210. 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 by the Central Water and Power Commission in place of the D.G.T.D.

211. 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 description of goods is sought, the application for amendment should be routed through the Central Water, and Power Commission.

212. Applications for revalidation of licences, should also be made direct to the Chief Controller of Imports and Exports, New Delhi. While applying for revalida,tion 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 for, falls within the date/period of terminal delivery fixed under the particular Credit, etc.

213. Applications for import of essential requirements by Electricity Projects or Undertakings in the private sector will also be considered by the Chief Controller of Imports and Exports, New Delhi, on the recommenda- tion of the Central Water and Power Commission having regard to the import policy in force. Such undertakings should make their applications in Form 'B\

Part C—Government departments/'projects

214. Imports licences to Central and State Government departments/ projects 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.

215. The applications for licences may be made to the Chief Controller of Imports and Exports, New Delhi, or to the regional licensing authorities concerned.

216. 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 : —

(i) 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 are exempt from application tees.

Part D—Non-industrial undertakings in the public sector

217. The procedure indicated in paragraphs 214 to 216 above will also apply to non-industrial undertakings in the public sector.

218. Clearance for import of iron and steel Items.—Appendix 41 to the Import Trade Control Policy Book (Vol. I) contains the import policy in respect of iron and steel items. In the ca,se of items not specifically men- tioned in the said Appendix 41, the industrial undertakings in the public sector should obtain the necessary clearance for import from the Ministry of Steel & Heavy Engineering, instead of obtaining such clearance from the DGTD.

CHAPTER IX

ACTUAL USERS (NON-INDUSTRIAL)

219. (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, tyre re- treading Units, film studios and laboratories.

(ii) Actual users (Institutions), which include actual users like edu- cational institutions, research organisations, technical/technolo- gical 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. s

Newspaper Establishments/Publishers of Periodicals

220. (1) Licensing authority.—Newspaper establishment and publishers of periodicals, should make their import applications to the Chief Controller of Imports and Exports, New Delhi.

(2) Application form.—A separate simplified form for submission of import applications has been prescribed lor 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 Regisrtar 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 newspaper/periodicals can submit one combined application covering the requirements of the various newspaper? 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.

(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 tonnes 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 necsesary 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 the 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 will be no last date for submission of such applications during licensing period.

(8) Associate Presses can also apply.—Applications for import require- ments other than newsprint and art paper, will also be considered from associate presses who have long-term arrangements/contracts with the owner;, 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*arrangement/contract with the news- papers.

Printers

221. (1) Liensing authority.—Import applications from printers other than associate presses referred to in sub-para (8) of para. 220 above, will be considered by the regional licensing authorities concerned, except for printing machinery for which the licensing authority is the Chief Controller of Imports and Exports, New Delhi.

(2) Sponsoring authority.—(a) 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.

(b) In respect of printing units situated in West Bengal other than those registered as small scale units, the sponsoring authority will be the State Director of Industries; and in the case of printers registered as smaD

scale units, the sponsoring authority will be the Director of Cottage and Small Scale Industries, West Bengal.

(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, 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.

(4) Form and manner of applications.-—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 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,

(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 annual basis. There will be no last date for submission of applications during a licensing period.

Publishers of Books

222. (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 during a licensing period.

(3) The application should be supported by evidence to show that the applicant has published books, namely a certificate from the Federation of Publishers and Book Sellers Associations in India C/o India Book House, Rusi Mansion, 29 Wode House, Bombay-!; or the Publishers Association of India, 14/18, Calicut Street, Ballard Estate, Bombay-1; or the Indian National Reference Library, National Library, Belvedere, Calcutta-27; or any other satisfactory evidence to this effect.

Construction Agencies

223. (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 showing payment of application fees.

(b) Applicants should furnish five copies of the list of spare parts sought to be imported. Applications may be considered for import of items recommended by the sponsoring authority and not available from indigenous sources.

(c) There will be no last date for submission of applications during a licensing period.

(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 are sought to be imported.

(4) Sponsoring authority.—The applications should be made through the State Director of Industries, who will make his recommendation in consultation with the concerned department of the State Government.

Garages and repair workshops

224. (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 accompanied 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 dur- ing a licensing period.

(3) Sponsoring authorities.—The applications should be made through State Directors of Industries.

Fleet owners

225. (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 in terms of the import oolicy in force.

(2) Co-operative Societies can also apply.—Such applications will also be considered from a co-operative society of transport operators with a total fleet of 25 vehicles or above. Such co-operative societies should be duly 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 will also verify the correctness of the particulars of veliicles accompanying the application. It may be clarified that the cooperative societies, like other fleet owners, will be required to furnish valid I.V.C. Registration/Exemption number, while applying for import licences.

(3) Form and manner of application.—Applications under these provisions should be made in the prescribed form 'B' and should 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 arc sought to be imported. This statement should be certified by the 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 permtited by the licensing authority, under the relevant import policy in force.

(iv) There will be no last date for submission of such applications during a licensing period.

(4) (i) The following vehicles will not be taken into consideration as a part of the fleet for the purpose of these provisions :—

(a) Motorcycles, scooters and auto-rickshaws.

(b) Passenger cars meant for private use,

(ii) Financers 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.

Tyre Retreading Units

226. (1) Licensing authority.—Applications from tyre retreading units for import of permissible spare parts of machinery 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 accom- panied 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 spare parts of machinery required for the equipment used by the applicant, subject to such restrictions as may be imposed by the licens- ing authorities under the import policy in force.

(c) There will be no last date for submission of such applications during a licensing period.

(3) Sponsoring authorities.—The applications should be made through.

State Directors of Industries.

Film Studios and Laboratories

227. (1) Licensing authority.—Applications for import of spare parts, studio bulbs and other materials will be considered by the regional licensing; authorities concerned, from film studios and laboratories in terms of the import policy in force,

(2) Applications for import of processing chemicals will also be consi- dered, from film laboratories.

(3) Form and manner of applications).—(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 dur- ing a licensing period.

Universities, Institutions and Hospitals

228. Licensing authorities.—(a) Applications for the grant of import licences from universities, educational institutions, research organisations, technical/technological institutions and hospitals, will be considered by the Chief Controller of Imports and Exports, New Delhi.

(b) Applications from actual users such as libraries, universities, and technical and educational institutions for import of technical books and permissible categories of magazines and journals will be considered by the regional licensing authorities.

229. 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.

(b) Applications from technical/technological institutions should be made through the Ministry of Education and Youth Services, New Delhi.

(c) Applications from agricultural institutions should be made through the Ministry of Food, Agriculture, Community Development and C o- 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.

(e) Applications in terms of sub-para (2) of this paragraph can be made direct to the regional licensing authorities concerned.

230. Form and manner of applications.—(a) Applications should be made in the form prescribed for a actual users (form 'B'), as given in Appendix 3.

(b) The application should be a consolidated application covering all 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 list 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 during a licensing period. The sponsoring authority may, however, fix a last data for submission of applications to be made through it.

Information to be furnished with import applications

231. (1) All institutions including medical colleges and research/agri-. cultural institutions applying for import licences should furnish the follow- ing 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 stores already possessed by the institution;

(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.

(2 i 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.

232. 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 an 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).

233. 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;

(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.

234. Indigenous clearance—Import applications will be considered from universities, institutions and hospitals only in respect of such items which have been cleared by the D.G.T.D. under the import policy in force. The sponsoring authorities should, therefore, obtain clearance from the D.G.T-D. before recommending the licence. In their recommendation, the Kponsoring authorities should clearly indicate that clearance has been

obtained from the D.G.T.D. in respect of the items recommended for import. The number and date of the D.G.T.D.'s communication pertaining to the clearance given, should also be quoted.

235. Application fees.—(1) Hospitals owned by Central or a State Government 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.

236. I.V.C. Number.—The production of I.V.C. Registration/Exemp- tiou number has been dispensed with in the case of applications for licences from educational or charitable institutions which are exempt from pay- ment of income-tax.

CHAPTER X

REPLACEMENT LICENCES

237. Replacement licences or Customs Oearance 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 succeed- ing paragraphs.

Short-shipment, short-landing or loss in transit before import

238. Where the import of goods 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

239. (1) In cases where goods are lost or damaged after import, re- placement licences may be issued by the licensing authority, but this pro- vision will be applicable only when the loss or damage is caused on the docks after landing, provided the goods in question were covered by insur- ance policy at the time of such loss or damage. In such cases, the applica- tion for replacement licence may be considered on production of the follow- ing documents :—

fi) The insurance survey certificate issued by any authorised insur- ance 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 locaj agents that separate insurance survey has not been conducted and that the claim ha- been settled on the basis of survey conducted by the steamer agents, or on the basis of the certificate of examination by the Customs authorities, or the certificate of non-delivery issued by the Port Trust authorities, the licens- ing authority may accept such certificate/survey report issued by the steamer agents or Customs or Port Trust authorities in lieu of insurance survey cer- tificate. However, if the survey report or the certificate produced by the applicant does not give specific details in regard to the loss or damage claim- ed, he may be asked to produce additional evidence such as correspondence exchanged with the carriers, insurers, and Port Trust authorities.

(2) In cases where an insurance policy has been taken from a non-resi- dent insurance company, the replacement licence under sub-para. (11 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 Indian company a replacement licence under sub-para. (1) above may be issued without the condition mentioned in sub-para. (2) above, provided the licensing authority is satisfied ou 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 India 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 companies whose head offices are outside the Indian Union are regarded for Exchange Control pur- poses as resident in India and are subject to the same regulations as com- panies registered in India. Therefore, it has been decided that insurance cover taken by the Indian importers with such Indian branches of the insur- ance companies incorporated^ abroad is to be treaLed 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 required to surrender such goods to the insurer who settled the claim.

Goods found defective or unfit for use after Import

240. (1) Goods supplied free of charge in replacement of those pre- viously imported which 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 the application for replacement licence or Customs Clearance Permit, on pro- duction of the following documents :—

(i) Survey certificate issued by any authorised surveyors to the edect that the goods were actually received in defective condi- tion 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 in- surance and freight, the amount for which the Exchange Control copy of the licence should be made valid should be clearly indicated in the applica- tion 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 m 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 oi machinery items

241. (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 opera- tion. In such cases and also in cases involving replacement of goods, which are rendered defective after use during the guarantee period, if the supplier agrees to replace the defective or broken machine or its part free of cha^e, the application for replacement licence may be considered on production of the following documents:—

(i) Original evidence of acceptance by the foreign supplier to re- place the goods in question, free of charge.

(ii) A certificate from a qualified engineer to the effect that the nar- ticular machine or part thereof, is considered unfit for use in the main plant etc., for which it was intended.

(iii) Original evidence showing the date of previous importation of machinery and the period of guarantee given by the foreign manufacturer/supplier.

Note : No application for replacement licence need be roade under this provision, in cases covered by OGL IV.

(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 i>nly

(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.

242. (a) In the case of machinery, if any part of the machine is found broken, lost or damaged upto the time of installation of the plant/machinery and such loss or damage or breakage, as the case may be, was covered by the marine insurance, the licensing authority may consider the application for the grant of replacement licence in such a case, provided the applicant produces the following evidence :—

(i) A certificate from the insurance company to the effect that they have accepted the claim for payment of R-. (the amount to be specified) as the cost of goods found lo have been lost, damaged or broken; and

(ii) Survey certificate issued by any authorised surveyors to the effect that the goods were actually found to be damaged, broken or lest. Tn lieu of such survey certificate, the licensing authority may also accept any other satisfactory evidence in support of the loss, damage or breakage noticed.

(b) The provisions of sub-paras (2) (3) and (4) of paragraph 239 above will apply in such cases also.

243. Applications for replacement licences or Customs Clearance Per- mits in cases which are not covered by the provisions of paragraphs 238 to 242 above, will be considered on analogous principles on merits by the licensing authorities concerned.

Procedure for submission of applications for replacement licences

244. (I) Application for replacement licence or Customs Clearance Permit should bo made, complete in all respects, in the prescribed form (Form "M') and should be sent to the licensing authority who had issued the licence against which the goods were originally imported. The appli- cation should be accompanied by :—

(i) treasury receipt showing the amount of application fee paid on the value applied for; and

fii) documentary evidence considered necessary or required in terms of provisions 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/revalidation of original licence should be made within a period of 60 days, after the short-shipment, short-landing, loss in transit or the defect in the imported goods is noticed; or within 60 days from the dats the foreign supplier accepts to replace the goods free of charge, whichever date is later. Tn 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/revalidation of original licence within a period of 60 days alter the claim has been accepted or settled by the insurance company.

(3) Application received after the prescribed period of 60 days will he liable to be rejected. But in deserving cases, the licensing authority may consider such application if received within 90 days instead of 60 days.

i

(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 thj applicant's factory or godown, except in cases covered bv the guarantee given bv the foreign supplier/manufacturer for replacement of goods, rendered defective after use. 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 60 days of the settlemjnt of the claim by the insurance company.

(5) In' the case of applications for replacement of machinery or parts thereof, the licensing authority may condone delay upto 60 days.

Replacement licences not fo issue in certain cases

245. (1) Normally no 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 are not licensable to the class of im- porter 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 liceuce is issued or during the immediately preceding period.

Nole No. \.—The date of original import for the purpose of this para- graph will also be the same a-, indicated in paragraph 35 of this book.

Note No. 2.—The restriction on the issue of replacement licences indi- cated in this paragraph will also apply to the requests for revalidation of licences being considered in terms of para 238 of this book.

(2) Where an importer accepts the damaged or defective goods no an allowance allowed to him either by the supplier or by the insurance com- pany, the importer will not be entitled to the grant of replacement licence in respect of the goods so accepted.

CHAPTER XI

PERIOD OF VALIDITY AND REVALIDATION OF LICENCES

Period of validity

246. (1) The period of validity (i.e., the 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 one year.

(5) The initial period of validity of licences for machine tools covered by C.G. scheme, will be the same as for 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., Railway and Defence contracts, will be in accordance with the recommendation of the D.G.S. & D./Railway Liaison Officer/ Ministry of Defence.

(8) The initial validity period of a Customs Clearance Permit will be four months.

(9) Tile initial validity period in respect of emergency licences for import of spare¹-, issued to actual users, will be six months.

(10) The initial validity period in respect of replacement licences/ CCPs. will be twelve months.

(11) The initial period of validity of import licences issued against various ccrdits may vary according to the terms and conditions of the credit concerned.

Date of shipment/despatch

247. Import 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 on the ship.

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 coods are received on board the ship. When the goods are LICCofI&E/70—6

actually placed on board the ship, 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 receipts and the Bills of Lading may or may not show the exact date on which the goods have actually been placed on the ship. Some times 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 autho- rities 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 in 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 ajrport 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 on '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 break 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 hap been re- presented that even though East Germany has ports capable of taking ships with deep sea drought but for certain specific difficulties she is not in a position now to induce ocean going freighters of other .countries to call at her ports. Therefore, the date of issue of cross border certificate issued by the Ger-

man Democratic Republic may be taken as the 'date of ship- ment' in the case of imports from East Germany.

Validity of import licences to cover imports

248. (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, if the import is otherwise covered by 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 unauthorised even though the importer holds a licence on the date of arrival of goods, at an Indian port. Similarly, the goods shipped or despatched after the expiry of the period of validity of the licence will also be unauthorised. Impor- ters should, therefore, see and satisfy themselves that they hold a valid licence on the date on which Ihe goods sought to be imported 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 shipment made upto the end of that month. Also, in calculating the period of validity of a licencs the date of issue of the licence is excluded. For instance, if a licence is issued on 10th November, 1968, and is valid for 12 months, it will normally expire on 10th November, 1969, but in accordance with the provisions of this paragraph, such licence will be treated as valid upto 30th November, 1969.

(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

249. (1) In order to facilitate shipments/despatch of goods against licences, a grace period not exceeding 30 days is allowed after the date on which the licence expires. In the case illustrated in sub-para 248 (2) above, the period of srace will commence from the 1st December, 1969, and the licence will be completely 'dead' on the 31st December, 1969.

(2) The grace period of 30 days will ajso 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 £race 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.

(5) The grace period will not be available in the case of licences issued against foreign credits'where it is not possible for the licensee to make use of this facility on account of a specific date for shipment/ despatch of goods stipulated in the conditions applicable to the relevant credit.

(6) 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 speci- fied period. Such extension, where granted, will be in the nature of en- hanced 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 extension. It may be clarified that if such enhanced grace period is more than 30 days, the licensee cannot separately avail of the normal grace period of 30 days under sub-para, (1) of this paragraph.

Revaluation of licences

250. (1) Application lor revalldation.—A form of application for re- validation ol' 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 hi 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 thei 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 six months and such requests will be sum- marily rejected.

(3) Established Importers.—Requests for revalidation of established importer licences will be considered by a licensing authority on merits where such authority is satisfied that the licence "holder had taken ajl 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 a period not exceeding three months.

(4) C.G./HEP.—(a) C.G./H.E.P. licences will be issued subject to the condition that the licensee shall be required to place firm order on the foreign supplier within 4 months from the date of issue of the Licence. If a licensee fails to place firm order on the foreign supplier within 4 months, his request for extending this period of 4 months by another 3 months may be con- sidered by the licensing authority, on merits, if the said authority is satisfied that the licensee was unable to place firm order within the stipulated period of 4 months for valid reasons, and that a refusal to grant further time for placing firm order will cause genuine hardship.

(b) 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 re- quest, 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 or during such period as has been specifiged in the licence for this purpose, whichever is less, but shipment could not be effected within that period. Normally extension beyond the overall validity period of two years is not granted but, in cases of special difficulty, the requests for re- validation beyond this period may also be considered in consultation with the sponsoring authority concerned having regard to the delivery period of goods.

(c) In the case of C.G./H.E.P. licences, other than those against tied credits, if the licensee fails to place firm order on the foreign supplier, or the foreign supplier has not accepted the order, during the initial period of validity of one year, or during such period as has been specified in the licence for this purpose, whichever is less, the request for allowing a further period of three months for placement of firm orders, may be considered by the licensing authority on merits. If the licensee fails to place firm order in the extended period, or the foreign supplier has not accepted the order, requests for allowing further time for placement of firm order may be con- sidered on merits in consultation with the sponsoring authority concerned, but, in such cases, the licensing authority may exclude from the licence the items available from indigenous sources, before further time is granted. Requests for extension of time for placement of firm order upto a period beyond two years from the, date of issue of the licence, will not be consider- ed. But, if a firm order has been placed and accepted by the foreign sup- plier within the extended period, the licensing authority may consider re- quest for further extension of validity period of the licence as provided in sub-clause (b) of this sub-paragraph.

(d) In the case of C.G./H.E.P. licences issued against tied credits, if a firm order has been placed and accepted by the foreign supplier within the initial validity period of the licence, or within such time as has been spcified in the licence for this purpose, whichever is less, and as per terms and conditions of the credit against which the licence is issued, the licensing authority may consider request for extension of validity period of the licence on merits, having regard to the delivery period of goods and the terms and conditions of the credit against which the licence is issued.

(e) In the case of C.G./H.E.P. licences issued against tied credits, if the Jicen-sec fails to place firm order within the initial validity period of the licence, or within such period as has been specified in the licence for this purpose, whichever is less, or the foreign supplier has not accepted the order within the same period, and as per terms and conditions of the credit against which the licence is issued, the licensing authority may consider on merits request for allowing a further period of three months to enable the licensee to place, order subject to the terms and conditions of the relevant credit. If the licensee fails to place firm order in the extended period, or the foreign supplier has not accepted the order, requests for allowing further time tor placement of firm order may be considered in consultation with the sponsoring authority concerned but in such cases, the licensing autho- rity may exclude from the licence the items available from indigenous sources, before further time is granted. Requests for extension of time for placement of firm order upto a period beyond two years from the date of issue of the licence, will not be considered. But if a firm order has been placed and accepted by the foreien supplier during the extended period, and as per terms and conditions of the relevant credit against which the licence

is issued, the request for further revalidation of the licence may be consider- ed by the licensing authority, as provided in sub-clause (b) of this sub- paragraph.

(f) Requests for revalidation of licences for import of plant and machi- nery issued to actual users, under the import policy for registered exporters vvjjf also be dealt with in accordance with the provisions of this sub-para.

(5) Registered exporters.—In the case of licences for raw materials, components and spares granted under the import policy for registered Exporters, the period of validity may be extended for a period not exceed- ing six months, as in the case of actual users. Requests for revalidation beyond six months will be summarily rejected.

(6) Irrigation projects.—The licences for the import of 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 initialy issued with a validity period of one year. Where the licence has already been issued with a maximum validity period of three years as provided in para 246(6) of this chapter, normally, further exten- sion will not be granted.

(7) D.G.S. & D./Railway/Defence contracts.—Licences issued against the D.G.S. &. D./Railway/Defence contracts will be revalidated on the recommendation of the D.G.S. & D./Railway Liaison Officer/Ministry Defence, 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 revalidation beyond two months but upto five months, viz., for an overall period of nine months including the period of revalidation, may also be considered on merits in case of real hardship. A C.C.P. issued for import of replacement consignment may be revalidated for a period upto six months.

(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 revali- dation 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 authority may be subject to such conditions or restrictions as such authority may impose.

Licensing authorities to whom applications for revaluation should be made.

251. (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 importers licences, licences granted under the import policy for Registered exporters and Customs Clearance Permits, issued by any licensing autho- rity, 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, provided firm order has been placed and accepted within the initial validity period of the licence. Requests for revalidation beyond this period should be mad© to the licensing authority who issued the licence.

(4) Requests for revalidation of import licences issued against foreign credits will be considered by the licensing authority who issued the licence.

252. (1) Applications for revalidation to be made In time.—The re- quests for revaluation of licences should be made within the validity period of the licence. However, in cases of specific hardship, the licensing autho- rity may condone the delay in the submission of the application for revali- dation where such authority is satisfied that the delay in making the application for revalidation was due to circumstances beyond the control ol , 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 "ucb licence is presented for revalidation before its expiry.

(b) In cases where the licence is presented for revalidation after thfr date of expiry, the revalidation, where allowed, will be from the date pa 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 of sub-para (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.

CHAPTER XII

APPEALS

253. 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.

254. 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 with the Joint Chief Controller of Imports and Exports (Headquarters Licensing Division) in the Office of the Chief Controller of Imports 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 Ban- galore, (ii) Rajkot and New Kandla, (iii) Amirtsar and Srinagar/Jammu and (iv) Shillong, will be with the Joint Chief Controller of Imports and Exports at Madras, Bombay, New Delhi, (C.L.A.) and Calcutta, respec- tively.

(2) The first appeal against the decisions of a licensing authority in res- pect of an application made under the policy for registered exporters, will lie with the head of the office in which the application was dealt with. However, first appeals in respect of applications dealt with by Controller of Imports and Exports, Srinagar/Jammu will lie with the Joint Chief Controller of Imports & Exports, (C.L.A.), New Delhi.

(3) In the case of ah application for recognition of new established importers and transfer of quotas, the first appeal will lie with the head of the office in which the application was dealt with.

(4) The first appeals in regard to applications dealt with in the Office of the Deputy Tron and Steel Controller, Bombay, will lie with the head of that Office. In respect of applications dealt with by other Iron and Steel Control licensing authorities, the first appeals will lie with the Joint Chief Controller of Imports and Exports, in the respective region.

(5) The first appeal under this paragraph should be made so as to reach the authority concerned within 45 days from the date of the order ap- pealed against. No fees shall be charged on a first appeal.

255. Second Appeal.—(1) If the appellant is not satisfied with the decision of the appellate authority as indicated in paragraph 254 above, he may make a second appeal to the Chief Controller of Imports and Exports, New Delhi (Appeals Wing).

(2) A separate section has been set up in the Office of the Chief Con- troller of Imports and Exports, New Delhi, to deal with second appeals from recistered exporters pertaining to their applications made under the import policy for registered exporters. Such appeals should, therefore, be address- ed to the Chief Controller of Imports and Exports, New Delhi (REP Appeals) within a period of 45 days from the date of the order appealed against.

(3) The second appeal in respect of other applications 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.

(4) The second appeal should be accompanied by a treasury receipt of Rs. 5 /- towards payment of appeal fee deposited in cash at any Government Treasury or the ollice 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 Development Organisations".

256. Opportunity of hearing to the appellants.—(1) If an appellant desires to be heard in person in connection with his appeal, he should say so specifically in his appeal. Tn such cases, an opportunity of hearing will 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 appea! within 45 days of its receipt. If an appellant does 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 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 appeal.

257. Documents to be submitted alonj? with appeal.—(1) The 'first' appeal should be accompanied by a copy of the decision against which the appeal is made and a projorma giving the following particulars :—

(a) Name and address of the appellant,

(b) Category of importer.

(c) Licensing period in respect of which the appeal is made.

(d) Licensing authority against whose decision appeal is made.

(e) Brief description of goods.

(f) Serial No. and Part of the I.T.C. Schedule in respect of the goods in question.

Cg) A copy of the decision against which the appeal is made.

(h) A brief statement indicating the reasons for which the applica- tion/first appeal has been rejected.

(i) 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 licensing 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-paru- (.1) of this paragraph.

258. 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.

259. A copy of the first appeal made to the Joint Chief Controllers of Imports and Exports at Madras/Bombay/New Delhi (CLA)/Calcutta, as the case may be, against the decision of the Import Trade Control Officers at Visakhapatnam, Pondicherry, Bangalore, Rajkot, New Kandia, Amritsar, Srinagar and Shillong should be endorsed to the authority concerned against whose decision the appeal is ir\ade. Similarly a copy of the second appeal addressed to the Chief Controller of Imports and Exports, New Delhi, should be endorsed to the authority against whose decision the appeal is made.

260. An application for review of the decision on a second appeal will also be entertained by the Chief Controller of Imports and Exports, New Delhi. Such application should be made within 45 days of the date of the communication 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.

CHAPTER XUI

LETTER OF AUTHORITY

261. Under the Imports (Control) Order, 1955, dated 7-12-1955, as amended, 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 upon 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 exchaage against the exchange control copy of the licence and to perform all other functions for the utilisation of the licence.

262. With a view to falling in line with the ordinary trade practice and, at the same time, in order 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.

263. A licence who desires another part 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 bs 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 are 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.

264. 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.

265. 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 borta fide reasons, the licensee is not himself in a position to operate on the licence. The licensine authority may also refuse to grant a letter of authority in favour of Lt person for concern) who is, for the time being, subject to any action under Clause 8 or 8A of the Imports (Control) Order or the Exports (Control) Order,

266. (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 Irom 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/informa- tion for considering the request for the grant of a letter of authority.

267. (1) Functions of the holder of letter of authority.—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 the 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 the licence or for the grant of a duplicate copy of the licence.

268. (1) Conditions of letter of authority.—A letter of authority issued under 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 the time of clearance through the Customs and subsequent thereto. The licensee will haye 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. Tf the licensee fails to take delivery of the imported goods within three months from the date of clearance through the Customs authorities, he shall in- form the licensing authority concerned explaining the reasons for the same.

(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 import- ed by him on behalf of the licensee. This endorsement will be duly attested by the Customs authorities.

(iii) the holder of the letter of authority shall not, under any cir- cumstances, be entitled to any quota licence or quota certificate on the ba,sis of such imports.

(2) If, for any reason, the licensee has not been able to take delivery of the imported goods from the holder of the letter of authority and the licensing authority is satisfied that the goods, in question, will not serve the purpose for which the import was allowed, it may initiate action in respect of such goods under Clause 10-C of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended.

269. Licences issued to agencies owned or controlled by Government.— The Imports (Control; Order, 1955, ha,s 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 Cor- poration of India, the Minerals and Metals Trading Corporation of India and other similar institutions or agencies owned or controlled 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 such terms and conditions as may be settled between the licensee and the party con- cerned.

270. Imports by Export Houses.—(1) If an actual user desires to import goods against his licence for raw materials, components and spare parts through a recognised merchandising Export House, it will not be necessary for him to obtain a letter of authority in favour of such Export House. In such a case, the Export House can act as an indenting house and import the goods on behalf of the licensee, without obtaining prior permission of the licensing authority. The functions performed by the Export House in operating upon the licence shall, however, be subject to the same conditions as are applicable to the grant of letter of authority in terms of paragraphs 267 and 268 of this chapter.

(2) It shall not be open to a licence holder to import goods against the same licence through two different recognised merchandising Export Houses.

(3) The Export House operating upon a licence under this provision shall be required to produce evidence before the Customs authorities and the authorised dealers in foreign exchange in support of its having been recognised as a merchandising Export House by the Chief Controller of Imports and Exports, New Delhi for this purpose for the pencd during which it has operated upon the licence in question.

271. Imports through Public Sector agencies.—(1) If an actual user de- sires to import goods against his licence for raw materials, components and spare parts through State Trading Corporation of India, or the Minerals & Metals Trading Corporation of India or any other similar institution or agency owned or controlled by Government, it will not be necessary for him to obtain a letter of authority in favour of such an agency. In such a case, the said agency can act as an indenting house and import goods on behalf of the licence holder without obtaining permission of the licensing authority. The functions performed by the sajd agency in operating upon the licence shall, however, he subject to the same conditions as are applic- able to the grant of letter of authority in terms of paragraphs 267 and 268 of this Chapter.

(2) It shall not be open to an actual user to import goods against the •same licence through two different agencies under this provision.

CHAPTER XIV

EXEMPTIONS FROM I.T.C. RESTRICTIONS

272. 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.

273. In terms of saving (i) of sub-clause (1) df 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 exempted from I.T.C. restrictions.

Import of emerald and other precious stones on approval basis—

examination of contents before clearance

(b) (1) 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 against valid licences,

(2) This facility is not available in the case of imports of emeralds and precious stones by post parcel. Under the Universal Postal Con- vention, a parcel cannot be split up into two i.e., one part to be retained and the other part to be returned to the sender. The contents of the post parcels can, therefore, either be accepted or rejected in toto. However, the importer or his agent will be given facilities to inspect tho corjtents 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 Customs authorities. Tf the importer does not turn up for inspection at the appoint- ed 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 trantferrcd to coastal trade

(c) In cases where the vessels engaged on foreign trade arc 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.

Import of advertisement blocks

(d) Certain foreign concerns buy advertisement space in the Indian press and for that 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 clearing these advertisement blocks. As these blocks are imported free of charge and the related advertisements bring in foreign exchange, the consignment containing advertisement blocks supplied free of charge, will be allowed to be cleared without import licences provided the value of the consignment does 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 subject to certain limitations/conditions. This provision has also been extended to air freight parcels for the import of such 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 that the value limits given in the said sub-paragraph (gg) of the Imports (Control) Order are in c.i.f. terms and will, therefore, be inclusive of freight in the case of air parcels also,

Import oi goods by post or air freight for professional use by the individual

(f) 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 goods by post or air freight for use by institutions and not for re-salc

(g) ( i) The provisions mentioned in sub-para (e) above also apply to the import of such goods by post or by air freight parcels, for use by institutions and not for resale. This will include import of goods meant for rituals sent to Missionary Societies, records coming to the All India Radio, scientific instruments coming to educational institutions and others, where the principle of personal use would apply except that the useT is not an individual but an institution. It may be clarified that the provisions of sub-clause 11(1) (gg) of the Imports (Control) Order, 1955 do not cover imports of trade¹ consignments. Also, the term 'institution' referred to in the aforesaid sub-clause includes only the educational, vocational, agricul- tural, medical, technical, technological and research institutions. Commer- cial and industrial concerns do not fall in the category of institutions.

(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.

Payments for goods imported under sub-clause ll(l)(gg)

of the Imports (Control) Order

(h) It has been provided in sub-clause 11(1) (gg) of the Imports (Control) Order, 1955, as amended, that payments in respect of goods im- ported under the aforesaid sub-clause, other than those received as gifts, will be remittable through authorised dealers in foreign exchange with the permission of the Reserve Bank of India. In connection with this provi- sion, the following points are clarified :—

(a) The aforesaid sub-clause does not cover import of a gift parcel in respect of which the payment is made out of foreign currency account maintained abroad by the recipient of the gift.

(b) Persons holding foreign currency accounts abroad, which can be operated upon with the permission of the Reserve Bank of India, can pay out of such funds in respect of goods imported under the aforesaid sub-clause, if otherwise admissible, only with the permission of the Reserve Bank of India.

Facilities for importation of commercial samples and advertising material

(i) 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 4 4 ( 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 Inter- national 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

(j) Food parcels sent to India from abroad as gifts may be allowed clearance without I.T.C. restrictions.

(k) 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. S4-Customs, 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.

(1) Food-stuffs and provisions (excluding fruit products, alcohol and tobacco 1 imported by a person residing in fndia, but not being a citizen of India, will be exempt from I.T.C. restrictions provided (i) these are exempt fram 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. 1,600/- in the case of a person having a dependent relative living with him.

Gifts to Indian Red Cross

(m) 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 Custom? Juty.

Imports for International Children's Competition

(n) The Children's Book Trust, New Ddhi-1, has been conducting children's competition i:i 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. Tt 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.

Import of samples by exporters

fo) Samples imported by exporters for export promotion purposes, will he exempt from I.T.C. restrictions, if such samples are imported against the blanket release of foreign exchange provided by the Reserve Bank of India for travel abroad.

Import of relief supplies and packages as free gifts under the Agreements concluded by the Government of India with foreign Governments

(p) Import of relief supplies and packages, received as free gifts, in respect of goods covered by an Agreement, entered into by the Government of India with a foreign Government, will be exempt from I.T.C. restric- tions, provided such goods are also exempt from Customs duty, and their import is made by a Government agency or any other approved agency, in accordance with the terms and conditions laid down in the Agreement.

Imports under O.GX. IV

274. (1) Under Open General Licence No. IV reproduced in A pjx¹ .':_liA 24 as amended, bouafide technical and trade samples or adverti in-: matter excepting vegetable seeds falling under Serial No. 36 of Part IV of the I.T.C. Schedule and new drugs, can be imported without an import licence provided (a) they are supplied free of charge, fb) their c.i.f. value in one consignment does not exceed Rs. 800 in the case of 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 nilo"/ clearance, under Open General Licence No. IV of the permissible sampler- and advertising matter even if the importer concerned may have to Day for freight and insurance charges, provided the overall value of the samples or the advertising matter including freight and insurance charges, does nor exceed the limits indicated above, in one consignment. In such an event, the Collector of Customs will suitably endorse the relative Bill nf Entry to enable the importer to secure remittance facilities from the Reserve Bank of India in respect of the frc'aht 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 whereby 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 vchnical and trade samples in such cases will not be held up on the groi'"d that the total value thereof has exceeded the specified limit of Rs £00/- 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 the case of technical and trade samples and Rs. 400 in the case of adverlising matter in each consignment sent by the same supplier to the same eon-signee, and received by the same mail, should be treated as one consignment or different consignments, for purposes of clearance under O.G.L. TV. It has been decided thru the import of several consignments in the manner indicate above, (although each consignment does not exceed the specified value limits), will tantamount to circumven- tion 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 anv particular types of importers who are eligible to import the samples, it is clarified thai only such importers as are connected with the production or commercial sale or distribution of goods arc 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 productinn or commercial sale or distribution will not be allowed the above concession. However, the Export Promotion Councils may be allowed the concession regarding thei import of technical and trade samples under O.G.L. IV by the Customs authorities.

(4) It may be clarified that the Customs authorities will not allow an item sought to be imported as a trade sample under O.G.L. TV, if the import of such item is not permissible to actual users or established importers under the policy in force at the time of shipment of the item in question. The Customs authorities will also not allow an item sought to be import- ed as a technical sample if the importer is not engaged in the production of that item and is also not in a position to satisfy the Customs authorities that his schemes for the production of the item, in question, has been approved by the sponsoring authority concerned.

(5) O.G.L. IV also permits (a) the import of free gifts of books upto the value of Rs. 4 0 0 /- in favour of individuals or institutions and (b) free gifts of books of certain types upto a value of Rs. 400/- in favour of industrial concerns. The import policy does not permit the import of • books of undesirable types. Therefore, the Customs authorities will not allow import of undesirable types of books, under O.G.L. IV or under Sub-paragraph l l ( l ) ( g g) of Imports (Control) Order, 1955. The importers should consult the relevant import policy for this purpose.

(6) O.G.L. IV permits import of blue-prints and drawings (including micro films which arc 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. value of the goods imported does not exceed Rs. 1,000/- and the import is otherwise covered by O.G.L. IV.

215. Import of labels, price tickets and like articles for export pro- ducis.— (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 l.T.C. restrictions, provided they are satisfied that article arc 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, y00 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, certifies 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 importer 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

276. Unde: saving (m) of sub-clause (1) of Clause 11 of the Imports (Control) Order, 1¹'55, thu imports of goods by officials of the United Nations Organisation :ind 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 their agents and such imports by the agents concerned would also be exempt from the [.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 its specialised agency, as the case may be, at the time of importation.

Re-import of goods for removal of defects and subsequent re-export

277. 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 savin? (1) in sub-clause (1) of Clause 11 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 authorities a.r? satisfied with i)u- bona fide of the case and (ii) in the case of goods other than those exempt from Customs duty on re-importation under Customs Notification No. 13-, dated the 9th December 1961, a bond is executed by the importer with the Import Trade Control authority at ths port concerned to the fTect th it the goods thus imported will be re-exported after repair within six months. In such cases where the Customs authorities are satisfied with the bona- fules of the case, they will refer the importer to the port licensing authority concerned for executing the necessary bond and release the goods after the bond 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

278. (1) Under sub-paragrapn or sub-clause (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 admissible 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 arc 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, 1960 as amended by Notification No. 21, dated the 2nd February, 1963, and Notifications dated 23rd June, 1965, 9th June, 1966, 22nd July, 1966, 27th May, 1967, 1st March, 1969, 27th September 1969, 18th October, 1969, 6th December, I960 and 21st March, 1970 are reproduced in Appendix 26 to this book. In this connection, certain other rules in force at present have also been included in the said Appendix.

(2) Applications for import of built-up cars, station wagons, jeeps, motor cycles, scooters, auto cycles, mini cars and mopeds are considered by the Chief 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

279. By Customs Notifications Nos. 168-Customs, 169-Custt>ms 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 terms of the aforesaid Notifi- cations, will also be exempt from Import Trade Control restrictions.

Imports by Hospitals

280. Imports in respect of certain goods, upto specified value limits, are allowed by hospitals in terms of sub-clause 11(2) of the Imports (Con- trol) Order 1955, as amended. This facility will be available to hospitals, nursing homes and c!?nics, whether public or private, run on commercial ' basis or otherwise.

CHAPTER XV

BREACHES OF IMPORT TRADE CONTROL REGULATIONS

281. 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 Order 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 ho 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.

282. In terras of the provisions contained in clauses 8 and 8A of the Imports (Control) Order, 1955, dated 7-12-1955, the Central Government and the C.C.I. & E, (which includes a, J.C.C.I. & E. and a D.C.C.I. & 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 any other person pending investigation into an allegation. These powers are also exercisablc by Deputy Iron and Steel Controller in relation to the goods licensable by him viz iron and steel and ferroalloy items. Importers and others concerned shoulld carefully read the Imports and Exports (Control) Act, 1947, and the Orders issued there- under.

283. The following types of offences will inter alia, constitute breaches of Imports 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 recommendation of the State Director of Industries or the Directorate General of Technical Development or any other certifying or sponsoring authority, or obtaining such certificate or recommendation by misrepresentation or fraud.

(ii) 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.

(iii) 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 hy misrepresentation and improper means.

(y\) Applying for an import licence on the basis of false or fabricated or Larnpeied 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 ob- taining 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 hi the names of different branches of the same concern for the same goods on the basis of imports falling in different basic years, unless otherwise pro- vided.

(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 ie., 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 interpola- tions in the licence or in the list of goods attached to the licence by removing the original entries or otherwise.

(xviii) 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.

(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 Metajs Tra- ding 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 the 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 Cus- toms 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 con- cern.

(ixxi) 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 a,s defined 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) Applying for an import licence under the import policy for Registered Exporters on the basis of any false or fabricated bank certificate or shipping documents, or any other documents, or by misrepresentation of facts in relation to value, quantity, quality, sort or specification, etc., of exported goods.

(xxxiii) Failure to comply with the distributional control in respect of imported goods where such control is applicable in terms of the policy in force.

N.B.—A licence includes a Customs Clearance Permit or a release order for allotment of imported goods, for purposes of the provisions of this paragraph also.

284. Where a licence has or had been issued at any time provisionally or through error or inadvertance 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 that may be taken in this behalf.

285. 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 licence by an actual user or the goods received by any person through the allotment made by the State Trading Corporation of Tndia or any other recognised agency.

Appeals

286.(1) Clause 10(2) of the Imports (Control) Order, 1955, provides that 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 com- munication 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 Joint Chief Controller of Imports and Exports, or by Deputy Chief Controller of Imports & Exports, the appeal will lie with the: Chief Controller of Imports and Exports, New Delhi.

(ii) Where the action is taken by an authority other than any autho- rity referred to in item (i) above, the appeal will lie with a Committee consisting of the Additional Secretary and two Joint Secretaries to the Government of India in the Ministry of Foreign Trade, New Delhi.

The notification issued by the Central Government in this regard is re- produced in Appendix 2.

(3) The appeals made under this provision should be accompanied by an attested copy of the order appealed against and any other documents or 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.

CHAPTER XVI

UNAUTHORISED IMPORTS

287. Valid imports.—Import h validly covered by a licence when the description, value and the quantity of imported goods arc 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.

288. Import licences are without prejudice to other prohibitions.—An import licence is issued without prejudice to the operation of other prohi- bitions or laws to which the imported goods may be subject. For Instance, if, under the health laws, imported plants have to be fumigated 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.

289. Imports not covered by licences.—If any article, requiring a licence, is imported or sought to be cleared without a valid licence, its entry into the country will be treated 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.

290. Customs' jurisdiction.—The clearance of goods and the assessment of duty will be dealt with by the Customs authorities. Tt 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 licence. Although, in case of doubt in regard to the correct description or goodb given in the licence or any other matter concerning the import, the Customs authorities may consult the Import Trade Control authorities, the final res- ponsibility in the matter rests with the Customs authorities.

291. Difference in l.T.C. classifications—Ordinarily, if the article im- ported is in accordance with the description given in the licence and the import is otherwise covered by the licence, the clearance will be allowed by the Customs even though there may be a difference of opinion in regard to the correct l.T.C. classification of the goods in question. However, in such an event the Customs authorities will be entitled to assess the Customs duty in accordance with their rules and regulations. On any point of clarification for purposes of assessment of import duty, the Collector of Customs/the Central Board of Excise & Customs in appeal, are the final authorities. No appeals in this regard will be entertained by the I.T.C. authorities.

292. 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 with both pre and post importation enquiries and difficulties of importers.

293. Requests for amendments to be made before shipment.—If the importer rinds discrepancy in a licence, he should immediately apply to the licensing authority concerned for an amendment in the licence. The request lor 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 he 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 nr not shipment/despatch or' goods covered thereby has already been made either wholly or partly. Any misleading or wrong statement 'in thii behalf will render the licensee/ importer liable to action under the Import Trade Conrtol rules and regu- lations.

294. 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.

295. 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 or quantity limitations nor different in any way from what is authorised to he imported.

296. Clearance of goods when the importer Is unable to produce the

licence.—In 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 particular port owing to the simultaneous arrival of the goods covered bv 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 Imports Trade Control Regulations are concerned on the importer execut- ing a bond or a letter of guarantee hi forms given in Appendix 28 to this book. Tt 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.

CHAPTER XVII

MISCELLANEOUS

297. Port of entry.—(1) Except where otherwise provided, an import licence will be valid for importation of goods only at the port of registration indicated in the import licence,

(2) The importers should, therefore, in their own interest, obtain separate licences for the goods to be imported through different ports. For this purpose, the value of the goods intended to be imported at each port should be given separately in the application for the licence.

Subsidiary licences

298. (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 licences.—-The following points should be borne in mind by the applicants while applying for subsidiary licences :—

(i) Applications for subsidiary licences should be made sufficiently in advance of the despatch/shipment of goods from the supplying country. A licensing authority may, however, con- sider an application for the grant of a subsidiary licence after the expiry of the main licence to enable the licensee to clear goods shipped within the validity period of the main licence.

(ii) The facility of the grant of subsidiary licences will be given 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 main 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 rcvalidation, if any, granted in respect of the main or original licence will also apply to the subsidiary licence. For facility of clearance, the licensing authorities will indicate the period of validity on the subsidiary licence.

(vij The number and daie of the main licence will be endorsed on the subsidiary licence lor facility of reference and check.

Payment to suppliers

299. (1) When goods are to be imported under an Open General Licence or Special General Licence, authorised dealers in foreign exchange have been permitted to open letters of credit or make remittances to cover the imports on their being satisfied that the

(2) 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 autho- rised 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'.

(3) It should be noted that in opening any letter of credit, the date ot expiry of the O.G.L. or S.G.L. or the valfd licence should be kept in view for determining the period for which the letter of credit should be kept open for negotiation.

300. No remittances in advance of the reci>lj:t 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 good-, remit: ances 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

301. (1) The value shown in an import licence is always the c i .t price of Lhe goods to be imported, and it includes commission allowed by the supplier/manufacturer to the importer or agent. The value debitablc to an import licence for Customs purposes will be the c.i.f. value of goods imported as assessed by the Customs authorities. The remittance against goods covered by the import licence would, however, be governed by the 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 eg., where against an import licence for Rs. 1,00,000/-, the insurance and freight charges amount Rs. 10,000A (say Rs. 5,000/- on each account) the basic imports exclusive of cost of insurance and freight against the said licence can be admitted upto the extent of Rs. 90,000/-, only.

Requests for enhancement in value

302. 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) Capital goods;

(b) H.E.P. licences;

(c) H.E.P. licences issued against Government contracts,

fd) 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 t0 be produced. The enhancement will be solely at the discretion of the licence issuing authority.

Currency in which payment may be made

303. Normally foreign remittances are allowed by the Exchange Control authorities ouly m the currency of the country of origin of the goods in question as slated in the import licence, or by payment in sterling or rupees to the account oi n re-ident in that country. In the case of f.o.b. contracts, however, payment of freight and insurance may be made in rupees, o.- in the currency of the country in which the shipping company is registered or the insurance policy is issued. Tf importers require any 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 Houses

304. 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

305. (1) It has been observed that when an importer opens an irrevoca- ble 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 bank or authorised dealer through whom the letter of credit is opened is considered as a joint holder of the licence to the extent of the goods covered by the

credit which would thus enable the bunk to honour its commitments with foreign supplier. The proceduie 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 sub-para (1) of this paragraph and also in cases where the goods are pledged with a Bank or a State Fin- ance Corporation and ihc borrower does not meet his obligation, the impor- ted goods lying with the Bank or the State Finance Corporation, as the case may be, will be deall with in accordance with the provisions of Clause 10-C of the Imports (Control) Order, 1955. as amended. In such cases, sale of goods to actual users or S.T.C. M.M.T.C., State Small Industries Corporation, or any other similar agency, may also be, effected in terms of the procedure laid down in para 94 of this book.

Established importers-eum-inanulaclurers

306. (1) An established irnporter-u

(a) If an established importer of a commodity is also the manufac- turer of a product in the process of the manufacture of which that commodity is required, the established importer-cum- rnanufacturer would be entitled to claim a licence only in one capacity-—as an established importer or as an actual user—and not in both the capacities.

(b) If an established importer of a finished product and/or its com- ponents is himself or through hi; associate concern engaged in the manufacture of that product and/or its componenLs as an actual user, the actual u-,er and his associate concern(s) will surrender their quotas for the finished product and/or its components as established importers, 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 vif the above provisions with respect to certain types of cases :—

(i) Cases in which the established Importer-cum-manufacrurer has a quota for a commodity which is also required as a raw material for use in 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-CKm-manufacturer shall surrender his claim for a licence for the raw material in one capacity i.e. either as an established im- porter or as an actual user.

fb) 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 are 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.

(ii) Cases where the manufacturer of a finished product has hi his own name or in the name of his associate concern (s) a quota for that product.— Tn such cases, if the manufacturer is engaged in the manufacture of only particular type(s) of the product, he orchis associate concern (s) will be entitled to claim a quota licence for import of such other type (s) of the product as are not included in their manufacturing programme and only their past imports of such other typefs) of the product as are not included in their manufacturing programme will be taken into account to determine their quota entitlement. But the quota will be subject to revision conse- quent on the expansion of the manufacturing activities.

(iii) Cases where the manufacturer of a finished product has in his

own name or in the name of his associate concern (s) a qnota for the

components of the finished products :—

in 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 grant of quota licence-, for components in such cases and the quota would be subject to revision consequent on the expansion of the manufacturing activities.

(iv) 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(O ;irc required for scrvicing/repair9, the quota licence(s) would be validated on ad hoc basis on the discretion of the licen- sing authority to meet the servicing/repairs requirements.

(v) There may be certain types of cases where the importer-ewm-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. la such cases, the established importer-a

(3) Definition of associate concerns.—For the purpose of the above provisions, or for other purposes under the import policy and procedures, the following will be the criteria for determining whether the two concerns are associates :—

(i) The two concerns are assessed to income tax jointly i.e. have a common IVC Number, or they have common ownership.

(ii) The two concerns have separate IVC Numbers, and have no common ownership, but (a) a partner in one of the concerns having major share therein, is the proprietor of the other, or (b) the proprietor of one of the concerns is a partner in the other concern having major share therein, or (c) a partner or set of partners in one of the concern have major share in the other.

(iii) One of the concerns is a limited company and any director of the limited company has interest in the other concern as

Reimport of goods after repairs abroad

307. (1) The goods which are covered by Saving (k) of Clause 11 of the Imports (Control) Order, 1955 dated 7th December, 1955, as amended, 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 require- ment will render the application for licence/Customs Clearance Permit for re-import of the goods repaired, liable to be rejected. In cases where thej re-import of articles after repairs involves foreign exchange, the amount tt> be remitted towards the cost of repairs, freight and insurance should be indicated in the application for licence and the application 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.

Rc-import of samples of Indian origin sent abroad for the purpose

1 of securing orders

308. (1) For re-importation into India of samples sent or taken to foreign countries by Indian businessmen, a provision already exists in Saving (k) of Clause 11 of the Imports (Control), Order, 1955 dated 7th December, 1955, as amended 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 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 reimportation do not qualify for the above concession, it is open to the Indian businessman to secure import licences in advance to cover the reimport. Applications for import licences for the reimportation 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 or sent to foreign countries, are being re-imported.

(3) In the case of businessmen /industrialists returning from abroad, who are bringing into India such samples, the requirement regarding sur> mission of I.V.C. Registration/Exemption Number will be dispensed with for the purpose of the application for import licence as in the case of such applicants, 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 T-V.C. Registration/Exemption Number .will be dispensed with if the re-importation takes place within three years of export. The payment of application fee will be waived in all such cases LlCCofI&E/70—7

Import of samples and literatures relating to products to be

manufactured for re-export

309. Applications for the import of samples and literatures relating to products to be 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 gas

310. 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 hi 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., number of 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 from 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 and 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

311. (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, 1956 has been brought into force with effect from the 1st October, 1958 in certain specified areas hi States and Union Territories and in respect of certain specified classes of undertakings and of goods. The Act provided 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 then- need.

(3) Metric system has become the only legal system of weights and measures in the country. Importers of machinery are requested to take 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 the 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.

Import of Transformer Oil together with power transformers

312. (1) Oil supplied for the first filling along with the transformer may be treated as part of tho transformer and its clearance may be allowed against licences issued for transformers. Tt may, however, be noted that the quantity of transformer oil so allowed shall not in any case exceed the capacity of the tank of the transformer. It is also necessary to ensure that the c.i.f. value of the oil plus the c.i.f. value of the transformer should be covered by the c.i.f. value specified in the licence for transformer,

(2) Where the oil and the relative transformer are shipped from diffe- rent countries, a separate import licence would be necessary for the oil This would not, however, 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 licences/release orders

313. (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 fides of the case.

(2) The application for the issue of duplicate copy of the licence should be submitted 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 a Notary Public.

(3) The duplicate copy of the licence will be marked 'PUPUCATE* and endorsed by the issuing authority in block letters as follows :—

'This licence has been issued in lieu of licence no

(to be given)

, since cancelled under Order no

, to the extent of full value or partly utilised value dated dated of Rs "

(4) When a duplicate copy of a licence is issued, the licensing authority concerned will intimate the fact to the Customs 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 Bank of India of the circle concerned will also be informed accordingly by the licensing authority concerned. The order of cancellation of the original licence will be published in the Gazette of India.

(5) Where a release order issued to an applicant on a canalising agency, in respect of goods the import of which is canalised, is lost or misplaced, the licensing authority may entertain a request for the issue of a duplicate copy of the release order on production of an affidavit on a stamped paper to the effect that the original release order, of which the particulars may be given in their affidavit, has been lost or misplaced without having been produced for such supplies of the goods or utilised for any other purpose, and that in the event of the original release order being traced or found later, it will be returned to the licensing authority without being used for any purpose. The licensing authority issuing a duplicate copy of the release order will simultaneously send an intimation thereof to the canalising agency concerned.

Licence issued in duplicate

314. Import licences are generally issued in duplicate. One of the copies known as the Customs Purposes copy is to be presented by the importer along with the bills of entry, to the Customs authorities for obtain-, ing clearance of the goods imported. The other i.e., the Exchange Control copy, is to,be presented by the importer to the Bank for the purpose of opening a letter of credit or making remittance of foreign exchange. Where no remittance of foreign exchange is involved, the Exchange Control copy of the licence is not issued-

Form of Affidavit

315. 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 documents on behalf of the applicant.

Checks on delays

316. (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 of Imports and Exports, New Delhi, should be specifically marked ''Com- plaint against delay" at the top of the communication containing the com- plaint. In order to facilitate timely action on sych complaints, the applicants are advised to send their complaints in duplicate.

(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 Organisation

317. It is noticed that telegrams and letters received by the licensing authorities from the trade by way of reminders 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 them 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 original application.

Enquiries regarding the position of applications

318. (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 hi the licens- ing section, the licensing authority will issue an interim reply to the applicant

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 interview with the officer concerned through the Enquiry Officer in order to know the reasons for the delay in the disposal of his application.

(c) Where a licensing authority calls for certain documents or informa- tion from the applicant or any deficiencies in the application are communi- cated to the applicant, and the applicant has furnished the required docu- ments or information or made good the deficiencies but does not receive any further communication from the licensing authority within fifteen days there- after, he 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 will take 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

319. (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 application 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 b attached to each licensing office. Appointments to see 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 jdve the purpose of interview and the particulars of then- case in the prescribed proforma 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 Deputy Chief Controller of Imports and Exports or above or by other officers authorised to grant interviews. It should be noted that the person desiring to book an interview should be the accre- dited representative 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 contact with the staff of the Import Trade Control Organisation is strictly prohibited.

"Counter" System

320. The requests for amendments of minor nature or revalidation of licences which do not require detailed examination, such as 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 below the condition on the licence or on the lists of goods attached to the licence, on amendment of port of registration, will also be entertained at the "Counter" in the licens- ing office concerned. For this purpose the "Counter" system has been in- troduced in the licensing offices. The applications will be received at the "Counter" 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

321. (1) In terms of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended, it is a condition of every licence that the goods for the 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 or others for import of goods for stock and sale purposes will not be entertained.

Conditions on licences

322. (1) Import licences issued to various categories of importers shall be subject to the conditions indicated in Appendix 31. The licensees/ importers should carefully read these conditions to ensure compliance therewith.

(2) These conditions will be in addition to the conditions applicable to a licence under the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended, and such other conditions as may be im- posed by a licensing authority."

(3) Non-fulfilment of the conditions of a licence will render the licence Uable 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

323. (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 fraudulent or mislead- ing statement;

(c) if the applicant uses In support of the application any docu- ment 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 procedure 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 appli- cation within the time limit indicated by the licensing authority;

(b) if the applicant has used any unfair means hi obtaining a licence; and

(i) any other reason to be recorded in writing.

(2) A licensing authority will also refuse to grant a licence under the provisions of clause 6 of the Imports (Control) Order, 1955 dated 7th December 1955, as amended.

324. A form of bond to be executed by importers for fulfilment of export obligations is given in Appendix 33.

APPENDIX 1

[Vide para. 2 of Chapter I]

Imports and Exports (Control) Act, 1947, as amended upto 31st March, 1970.

An Act 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 pro- hibit, 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 tak- ing 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 provi- sions for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases, and subject to such exceptions if any, as may be made by or under the order :—

(a) the import, export, carriage coastwise or shipment as 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) applies shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly.

(3) Notwithstanding anything contained in the aforesaid Act, the Cen- tral Government may, by order published in the Official Gazette, prohibit, restrict or impose conditions on the clearance, whether for home consump- tion or for shipment abroad of any goods or class of goods 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 Emer- gency Provisions (Continuance) Ordinance, 1946 (Continuance of Existing Orders, XX of 1946), and in force immediately before 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 ben made under this Act.

4-A. Fees for applications for, and issue or renewal of, licences.—Th© Central Government may by order levy, subject to such exceptions, if any,, in respect of any persons or class of persons as may be specified in the- order, any fee 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 con- trary to be recorded in the judgment of the Court, such imprisonment 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 Government 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 made under this Act shall be called in question in any Court, and no suit, prosecution or other legal pro- ceeding shall lie against any person for anything on good faith done or intend- ed to be done under this Act or any order made or deemed to have been made thereunder.

APPENDIX 2

[Vide para 2 of Chapter I\

Government of India

MINISTRY OF COMMERCE AND INDUSTRY

Imports (Control) Order, 1955 (as ataended upto 31-3-1970)

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.—-Tn this Order, unless the context otherwise requires,—

(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;

vana) "Chief Controller of Imports and Exports'' includes a Joint Chief Controller of Imports and Exports and a Deputy Chief Con- troller of Imports and Exports;

(aana) '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 of Import of certain goods.—(1) Save as otherwise provided in this Order, no person shall import any goods of the description specified in Schedule I, except under, and in accordance with, a licence or a customs clearance permit granted by the Central 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 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 importer 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 stipula- ted in the bond or letter of 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 application when made by—

(a) the Central Government, a State Government or any depart- ment 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 im- port 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 circumstances except—

(i) where the fee has been deposited in excess of the prescribed scale;

(ii) where the fee has been deposited, but no application has been made;

(in) 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 applicant 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 the date of application, thereby render- ing the application ineligible for the grant of licence.

•NOte.—Fees paid in respect of Appeals made to the Chief Controller •of Imports and Exports shall not be refunded under any circumstances.

5. Conditions of Licences.—(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 disposed 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;

(in) that the applicant for a licence shall execute a bond for com- plying with the terms subjects to which a licence may be granted.

(2) A licence granted under this Order may contain such other condi- tions, not inconsistent with the Act or this Order, as the licensing authority may deem fit.

(3) It shall be deemed to be a condition of every such licence that :—<•

(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 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 import and there- after 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 thet State Trading Corporation of India, the Minerals and Metals Trading Corporation of India and other similar institutions or agencies owned or controlled by the Government.

(iii) the goods for the import, of which a licence is granted shall be new 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 Con- troller 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;

(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 company, 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 trom the applicant under the Cus- toms Acts, 1962 or any penalty imposed on him under the said Act has remained unpaid for a period of three months.

(2j The refusal of a licence under sub-clause (1) shall be without prejudice to any other action that may be taken in respect of an applica- tion by a licensing authority under the relevant import policy and proce- dure in force.

7. Amendment of 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 con- form 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 Con- trol Regulations.

8. Power to debar from receiving licences or allotments of imported goods.—The Central Government or the Chief Controller of Imports and Exports may debar a licensee or importer or any other person from receiv- ing 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, fraudulent 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

(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 commercial deal- ings 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 con- travene 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 licen- sing authority.

8A. Power to suspend grant of licences or allotments of imported

goods.—The Central Government or the Chief Controller of Import & 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 exceeding 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 allotments 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 Controller 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 and 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 similar agency to keep in abeyance allotments of imported goods to such 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.

(ii) No publication under sub-clause (i) shall be made in relation pedient 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 at it thinks fit.

(ii). No publication under sub-clause (i) shall be made in relation 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, managing 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 circumstances 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 otherwise render it ineffective;

(a) if the licence has been granted through inadvertence or mistake or has been obtained by fraud or misrepresentation;

(b) if the licence has been granted contrary to rules or the provisions of this Order;

(c) if the licensee has committed a breach of any of the conditions of a licence;

(cc) if the Central Government or such officer is satisfied 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.

(2) Where any person is aggrieved by any action taken under clause 8 or 8A, he may prefer an appeal against such action to such authority as the Central Government may, by notification hi the official Gazette consti- tute for the purpose of hearing appeals, within thirty days from the dato of the communication of the action taken.

10A. Declaration as to value, sort, quality, etc. of imported good.— On the importation into any customs port of any goods 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 his knowledge and belief and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or documents.

10B. Utilisation of imported goods.—(1) No person shall use any im- ported goods received by him during the allotment or distribution made by the State Trading Corporation of India or any other recognised agency, in a manner and for the purpose, otherwise than as declared by him in his application for such allotment or distribution or in any document submitted by him in support of such application.

(2) Subject to the provisions of clause IOC, no person shall use or dispose of any goods imported by him against a licence on the strength of a letter of authority issued in his favour under the Import Trade Control Regulations except in accordance with the terms and conditions of such letter of authority.

[PART I -Sue. 1] THE GAZETTE OF INDIA t X T R A O R D l N A RY 4O3/2OC

IOC. Power to make directions for the sale of imported goods in certain

cases.

(1) Where, on the importation of any goods or at any time thereafter, the Chief Controller of Imports and Exports is satisfied, after giving a rca- sonable opportunity to the licensee of being heard in the matter, that such goods cannot be utilised for the purpose for which they were imported he may, by order, direct the licensee or any other person having possession or control of such goods to sell such 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 transportation charges and such other incidental charges incurred in relation thereto as are considered reasonable in the circumstances of the case by the Chiof Con- troller of Imports and Exporti.

(2-A) Where good* are imported through the State Tradirig Corpora- tion of India, the Minerals and Metals Trading Corporation of India or other similar institutions or agencies owned or controlled by the Govern- ment, or any other recognised agency, and such goods 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) shall be bound to comply with such direction.

10D. Prohibition regarding making, signing, etc. of any declaration, state-

ment or document : —

(1) No person shall make, sign or uie 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 good*.

Ll,)E. Power of Iron and Steel Controller and Deputy Iron and Steel Controller.—The powers exercisable 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 undertaking run as a Joint Stock Company through the agency of the Purchase or- ganisations of the Ministry of Works, Housing and Supply, t.e. India Stores Department, London, and India Supply Mission, Washington;

L 1 CC of I&E/70-8

(c) by the Central Government, any State Government or any statutory corporation or public body or Government undertak- ing run as a Joint Stock Company, orders in respect of which are placed through the Directorate General, Supply and Dispo- sals, New Delhi;

(d) by transhipment, or imported and bonded on arrival for re- export as ships stores or otherwise to any country outside India, except Nepal, Tibet and Bhutan or imported and bonded on arrival for re-export as aforesaid but subsequently released for use of Diplomatic personnel, Consular 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 and United Nations (Privileges and Immunities) Act, 1947, respectively;

(e) which are in transit through India by post, or are re-directed 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 by 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 part, provided that such goods are imported by or on behalf of the Government of a country bordering on India or that the. importer undertakes to produce within a specified period evidence that such goods have crossed the borders of Tndia 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 entitles any goods to exemption from the Export Trade Control Re- gulations;

(g) by the person as passengers baggage to the extent admissible 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 \ lb. powder or one hundred ampules:

Provided that in the cas>e of imports by a tourist, articles of high value whose re-export is obligatory under rule 5 of 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 pro- hibited under the Customs Act, 1962 (52 of 1962);

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, displayed, advertised or offered for sale or displayed in a shop, until (a) in the case of arms, motor cycles/scooters and wireless reception instruments, the goods have been used for not less than three years after importation by such person or passenger or member of the crew, or (b) in the case of other goods their market-price has depreciated to less than fifty per cent of their market-price when new.

(gg) by 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 I;

(iii) Bees falling under serial number 1 of part IV of Schedule 1;

(iv) Tea falling under serial number 25 of Part IV 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 receiv- ed as gifts, will be remittable through authorised dealers in foreign exchange with the permission of the Reserve Bank of India.

(h) covered by an Open General Licence or Special General Licence issued by the Central Government;

(i) covered by an executive instruction issued by the Chief Con- troller of Imports and Exports to the Customs authorities;

(j) by or on behalf of Diplomatic personnel, consular officer* and Trade Commissioners in Tndia 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 20 of the Customs Act, 1962 (52 of 1962) or under Customs Notification Nos. 113, dated 16th May, 1957, 103, dated 25th March, 1958, 260 and 261, dated 11th October, 1958, 269, 270, 271, 273, 274, 275 and 276, dated 25th October, 1958 and 58, dated 27th May, 1961 of the Government of India, Ministry of Finance (Department of Revenue), or Notification No. 30 dated 25th March, 1967 of the Government of India, Ministry of Finance (Department of Revenue & Insurance);

(1) of Indian manufacture and foreign made parts of such goods, exported and received back by the manufactureds) from the consignee for repair and re-export, provided that:— (i) the Customs authorities are satisfied with the bona fides of the case, and

(ii) in the case of goods other than those exempt from cus- toms duty on re-importation under Customs Notification No. 132, dated 9th December, 1961, a bond is executed by the importer with the Import Trade Control authority at the port concerned to the effect that the goods that Im- ported will be re-exported after repair within six months;

(m) by officials of the United Nation* Organisation and Its specialised agencies who are exempt from payment of Customs duty under the United Nations (Privilegei and Immunitiei) Act, 1947;

(n) being vehicles as defined in Article I of the Customs Convention on the Temporary Importation ot Private Road Vehicles or the component parts thereof referred to in Article 4 of the said convention and are exempt from payment of customs duty under the notification of the Government of India in the Ministry of August, 1958, as subsequently amended, provided that Finance (Department of Revenue) No. 224, dated the 3rd August, 1958 as subsequently amended, provided that—

(i) such vehicles or component parts are re-exported within the period specified in the said notification or within such further period as the customs authorltiei may allow.

(ii) the provisions of the said notification or of the Triptyque' or Carnet-De-Passage' permit are not contravened in relation to such vehicle! or component part*,

failing which the provisioni of this Order shall apply to such vehicles or component parts and such vehicles or components shall be deemed to be goods, the import of which has been pro- hibited under the Customs Act, 1962 (52 of 1962),

Provided that nothing in these exceptions shall prejudice the application to any goods of any other prohibition or regulation affecting the import of goods that may be in force at the time such goods are imported.

(o) covered by an import licence issued by His Majesty's Govern- ment of Nepal and the importer furnishes a bond to the Collec- tor of Customs in the form prescribed by the Collector of Cus- toms with a Scheduled Bank as surety to the effect that he shall pay the duty and any penalty imposed for contravening Import Trade Control restrictions in respect of the whole or any por- tion of the goods which is not proved to hav" entered th# territory of Nepal.

(2) Nothing in this Order shall apply to th" import of—

(a) drugs and medicine*—

(i) by hospitals or medical institutions for their own use, provided the c.l.f. value of such goods imported at any one tune shall not exceed five hundred rupees;

(ii) by any individual for his personal use provided the c.i.f. value of such goods imported at any one timo shall not exceed two hundred rupees.

(b) surgical, optical and dental instruments, apparatus and appli- ances and dental materials, permissible for import under the import trade control policy in force at the time of importa- tion—

(i) by hospitals or medical Institutioiii, for their own DM, pro- vided the c.i.f. value of such goods imported at tny one time shall not exceed ono thousand rnp""s;

(ii) by registered medical practioners, for their own use, pro- vided 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, provided 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, replacement parts thereof and components required for the construction of scientific instruments, apparatus and appliances, by technical and research institutions or Government research and analytical laboratories, for their own use, provided the ci.f. value of such goods imported at any one time shall not exceed one thousand rupees;

(c) artists' materials, namely, water colour tubes, canvas, brushes (made of hog or sable hair) and palette knives, by any indivi- dual for his personal use, provided the c.i.f. value of such goods imported at any one time shall not exceed one hundred and fifty rupees.

(f) High purity chemicals, by Research and analytical laboratories, for their own use, provided the c.i.f. value of such goods im- ported 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 dealers in foreign exchange.

(3) Nothing in this Order shall apply to the import of foodgrains by Food Corporation of India, provided that, at the time of clearance, a de- claration to the effect that the import, in question has been approved by Cen- tral Government, is furnished by the importer to the Customs authorities.

12. Repeals.—The orders contained in the notifications specified in Schedule IV are hereby repealed :

Provided that any thing done or any action taken, including any appoint- ment made or licence issued under any of the aforesaid Orders, shall be deemed to have been done or taken under the corresponding provision of this Order.

SCHEDULE I

(See clause 3)

NOTE.—Each entry in column (2) has (he same meaning as in tlie item of the First Schedule to Ihc Indian Tariff Act, 1

PART I

Name of article

Serial No.

Item of the First Schedule to Indian Tariff Act, 1934

j

3

1

1 Calcium Molybdale, Molyle and other Molybdenum pro-

28 and 70(1) duett.

  2    F e r r o - T m i B F i cn                   .      .       .      .       .       ..                                   63(1)
  3    F c r r o - M o l y b d c n um               .       .       .      .       .       ..                                  63(1)
  4    F e r r cv  V a n a d i um          .       .       .      .       .       .       ..                                   63(1)
  5    F c r r o - T i t a n i um   .        .        .        .        ,        .                                            63(1)
  6    F e r r o - P h o s p h o r us       .       .      .       .       .       .       ..                                  63(1)
  7    F e r r o - C o l u m b i um ( n ' so k n o wn as   f e n o - n i o h i u m)                                            63(1)
  8    F c r r o - S e l c n i um           .       .       .      .       .       .       ..                                  63(1)
  y    F e r r o - S i l i c on             .      .       .       .       .       .       ..                                63(35)
10     F c r r o - C hi o me               .      .       .       .       .       .       ..                                   63(1)
n  •   Refined  Ferro-Manganesc                               .       .      .       .      ..                                 63(1)

(a) All grades beluw'3% Carbon

(b) All grades of 3% and above Carbon

63(1)

12 Silico-Mangancse

63(1) 13 Silico-Spiegel

Ferro-Silicon Zirconium and Fcrro Boran

63(1) 14

(i) Ferro-Silicon Zirconium "1

(ii) Ferro Boran j

Iron or steel angle, channel, tec, flat beam or joist, zed,

63(2) 15

trough and piling.

16 (a) Iron or steel rounds, rods, squares, hexagons and other "I sections and shapes and whether black or bright L

63(3), 63(14), 63(19), 63(20), a (25) and "3(3") (b) High speed, alloy and carbon tool tteel icctionj, itm'n- J

less and heut resitting iteels.

3

1

2

16-A M. S. Bright Free Cutting quality (high sulphur and/or (Led—loy) Bars, Rounds, Rods, 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),

72(3).

Iron and steel pipes and tubes and linings therefor including valves arid boiler tubes cut lo shape ;^nd size, und unscrew- ed mild sice] lubes or cycle frames in lengths and cut lo size, and but excluding non-ferrous pipe fittings, flexible inetalic tubes, and brass/copper coated tubes.

(i) Iron and slccl valves, strainers and hydrants and

parts thereof

(ii) (a) Boiler tubes in full length or cut to shape and

size.

(b) Cast Iron pressure pipes and specials

(c) Oil line pipes and tubes

(d) Steel/Wrought Iron Pressure Pipes and tubjs (coated or uncoated) excluding stainless steel lubes.

(t;) Mechanical tubing welded including mild steel tubes for cycle frames in lengllis cut to size

CO Mechanical tubing (seamless)

(g) Stainless steel pides and tubes

Uli) Pipes or tubes flexible, for passings gas or fluid under

pressure and telescopic flush pipes.

(/v) (a) Wrought Iron Steel pipe fittings n.o.s.

(6) Other steel pipo fittings, n.o.s,

(v) Cast iron Pressure pipes :

(a) Spun pipes,

(ft) Sand Cast pipes.

18

63(7), 63(19) and 63(20)

Iron or steel plates, medium plates, sole plates, lerncplalci, black plates, sliver finished plaies including cast iron and' plates.

19

63(8)

Steel ingots and iron or steel, blooms, billets and slabs ex- cluding pieces of less than 1-2 inches squares or thick.

20

63(9) 63(28), 63(30) Iron and Steel structures, fabricated partially or wholly if made mainly or wholly of iron or steel bars, sections, plates or sheets foi the construction of buildings and colliery arches or pit props and parts thereof.

Steel tinplatcs and tinned sheets, including (in tiiggcrs and

21

63(10)

cuttings of such plates, sheds or t.ijjgcrs.

63(12), 63(13) fC5)(5)75(I) Iron and Slecl boll-,, nuts, set screws, machine scicws and mticbinc sluds but excluding bohs, ntus and scicws .idup- Itii f 403/216 THE GAZETTE OF INDIA EXTRAORDINARY [PART i—Sic. 1]

1

2

3

(a) Machine screws, Set screws, and Mnchine studs.

(b) Othon

Iron and steel hooks and strips

64(14)and 63(34).

23

Iron and Steel riveta and bifurcalcd rivets :— .

63(15)

24

(a) Bifurcated rivets

(b) Tinmen's rivets

(c) Others

63(16)

25 Iron and steel roofing naila, k.k, nails, rose nails, horse and bullock shoe nails, dowel nails, chair nails, clout nails, boat panel pins and washers, all sorts, not otherwise spe- cified

(a) Panel pins of size 1 and below

(b) Panel pins of over 1 size (i.e., wire nails)

(c) Deleted

(d) Others

26

/ 63(20), 63(28) (() Iron and steel sheets, less than 3 mm, coated and uncoat ed, galvanised, ccllactitic, including tinmile Black Plates and

(it) High Silicon Electrical Steel sheets, excluding lamina- and 63(31) tions, Stampings and punchings

Iron or steel rails, sleepers or fish plates for railways and 63(21), 63(22) and 27

tramways; Dog spikes, chain spikes and screw spikes 63 (23) (Ye., Railway fittings other than Fish Plates).

Malleable Iron Castings including malleable iron P'Pc fittings 63(22)

28

etc.

Steel wire lopes or wiie strand (stranded wiic)

63(24)

29

Iron or steel wire whether plain or barbed (excluding uneoat- 63(24),63 (25), 30

63(32)

ed electrodes)

Iron or steel wire nails

63(25)

31

Deleted

32

Deleted

33

Iron or steel wire rods coated or uncoatcd (excluding

34

(63)(3) 63(25) and 63(28) electrodes)

Iron and Steel wire netting:

63(28)

35

(a) Iron and Steel wire netting of all sorts (excluding

Stainless Steel wire netting)

(t) Siuinless Steel wilt netting

1 2

3

63(26) 35-A Iron and Steel welded fabrics (other than bar and rod) spe-

cially designed for the reinforcement of concrete.

36 Iron or steel wire chain link fencing, wire mesh wire staples (excluding machine staples) and boot and shoe grindery :

63(16) 63(25) 63(28), 20. 2 8, 22(3) and 87.

(a) Wire chain link fencing

(b) Iron or steel stapling wire, including copper coated stapling wire galvanised or black (excluding machine staples)

(c) Boot and shoe grindery, the following namely;—

(0 Machine tacks

(11) Tacks anchor for shoes (for use on machines)

(Hi) Plugs tips flange

(/") Wire required for lasting of boots and shoes

(v) Slugging wire

(vt) Rand and tacking wire

(vtf) Milled tacking wire

(Wfl) Screwing wire

(lx) Autosoler wire

(x) Rivets for shoe*

(xl) Nails for fixing heel lips and toe plates

(xti) Nails for fixing rubber

(xiii) Buckets for shoes

(xiv) Heel tips

(xv) Toe plates

(xvi) Light cut hand tacks for shoes and tingles for

shoes

(xvli) Blue cut and/or Bright cut tacks

(xvlii) Heel pins

(xtx) Iron or steel ihoe eyelets including those enamelled or celluloid dipped (but excluding brass shoe cyeleti) and hooks for boot and shoes.

(xx) Cutlan nails, bills, hobs, stud, pronged protectors (but excluding heel tips and toe plates and spikes for boots and shoes.)

LlCCofI£E/70—9

I

2

3

(xxi) Steel shoo shanks

(xxii) Grooved Tacks

(O Wire Mesh

(") Others

37 Shellstecl

63(28)

63(ll)"nd "3(28)

38(a) Grey Iron castings . . . . .. 38(b) Alloy Iron casting 38-A. Iron and steel chains including roller chains and other

industrial chains and parts thereof, all sorts :—

(a) Industrial steel roller chains all types including tran*- 72

7i(AX")

(i) Steel Industrial chains all types other than those sped fled in (a) above Including PIV-Gear chains, conveyoi chains etc., and parts thereof.

h72(d), 73(4OXb), •i 72(AJ0Kc),7if4

63Tn), 63(28). 74(3).

(c) Ship chain) and Hoisting chains, ylz., wrought iron & steel stud link chains for anchoring hoisting etc., including welded link chains and all other types of link chains and parts thereof.

71(b),"3(2S).

(d) Other types of miscellaneous iron and steel chains in- cluding items coming under miscellaneous hardware such as key chains, dog chains etc. n.o.i. and parts thereof.

63(31)

39 Steel die blocks

M

39-A Steel castings Unmachined 39-B Alloy Steel casting (unmachined) 40 Unmachined steel forgings

40-A Old Iron and steel, including defective cuttings and remcl- m

ting scrap.

64, 64(3), 64(4) 64(5 j 73(2) and 72(3) 41 Copper, wrought including the following, vfc., rod, section, rtrip, tape foil, pipe, sheet including highly polished sheet ipecially prepared for making process blocks, lithographic iheets and the following manufactures, viz., copper per- forated sheets and sheet cut to size, tubes, rods and pipes cut to shape and size.

(0 Copper, wrought in the following forms, ylz., tape foil, highly polished sheet specially prepared for making process blocks, lithographic sheet and copper perforated ihcct.

{it) Copper wrought in the following forms, viz., rodj sections, pipes, tubes, plates, sheets, circle* and strips in coiled form or straight length cut to shape and size.

(WO Copper flexible pipes or tubei, for patsing gag or

fluid under pressure.

3

1

2

"(1)

42 Copper scrap whether ingotted or otherwise

67,67(l)*nd 67(2) 43 Lead wrought including the following viz., pipes, tubes, foil,

wire and sheets including sheet for tea chests.

67(3)

A Lead ingot, pigs and lead scrap. . . . ..

43-

70(1)

43-B Antimonial lead in the ingot and wrought form including

the following viz., pipes, tubes and sheets.

44

68,68(1),"8,68(3), 72(2) and 72(3) Zinc or spelter unwrought including mazak alloys of zinc and aluminium containing not loss than 94 percent zinc zinc droas, dust ashes and zinc in the form of ingots, cakes, tiles, slabs, plate and granulations including all forms of zinc scrap, zinc wrought including wire.rods, sections, sheets including highly polished sheet3 especially prepared for making process blocks, lithographic sheets and the following manufactures, viz., zinc perforated sheets cut to size.

(a) Zinc or spelter, unwrought in the form of ingots,

cakes, tiles and slabs.

(b) Zinc scrap, zinc dross and zinc ashes,

(c) Zinc granulations and dust.

(rf) Zinc wrought including wire rods, section, plain sheets (including perforated sheets cut to size and shape).

(c) (0 Photo engravers' zinc sheets including highly poli-

shed quality.

(11) Lithographic zinc sheets/plates for offset printing.

" and 09(1) 45 (a) Tin block and tin scrap ~] (b) Tin plate scrap

i-

70(1)

45-A Tin wrought, including the following viz., foil and wire

45-B White metal (antifriction metal), solders (including cored) 69(2)

and printing metals.

46 (/) Brans, bronze and similar alloys wrought Including the "

- a3,70,70(A)i7p(4) 70(6) and (>2(3) following r/z.j wire, rod, section, sheet pipe, tube; un- wrought and in the form of ingot and scrap whether in- gotted or otherwise and the following manufactures, viz., perforated sheets, sheets cut to size and pipe, rod and lube cut to shape and size including manufactures of attktl alloys and nickel chrome alloys but excluing chemical or Imitation gold.

{if). Nickel base alloys and Nickel chrome alloys including

manufactures and scraps there of.

(a) Brass, bronze and similar alloys, unwrought and in the form of ingot and scrap whether ingotted or other- wise and the following manufactures, W"., perforated sheets.

1

3

2

(b) Nickel base alloys and nickel chrome alloys including

manufactures and scraps thereof.

(c) Brass, bronze and simialt alloys, wrought including the following viz. wire, rod, section, sheet, pipe and tube and the following manufactures, viz., rod and tube cut to shape and size but excluding chemicals or imitation gold.

(<0 Bronze flexible pipes or tubes for passing gas or fluid

under pressure.

47

64(2)

Copper, unwrought in the form of ingots, blooms, slabs,

cakes, tiles, bricks, blocks, billet cathodes, blister bars, electrolytic wire bars and ingot bars. ,

47-A

70(1), 70(2) and 70(3;

Antimony ingot regulus and star metal

48

65(1) and 70:1 .

Nickel Including Nickel scrap In all forms excluding manu- factures thereof but including nickel pellets and nickel anodes.

49

70(1)

AU copper base alloys including Phosphor copper and cupro- nickel and scrap of such alloys in all forms but excluding all manufactures.

50

70(1)

Monel metal unwrought

51 Tungtten metal in all forms including alloys, all manu- 7

factures, semis and products thereof.

52 Molybdenum metal in all forms including alloys, all manu- 70(1)

factures, semis and products thereof.

(a) Cakhun-Mangancsc Silicon "1

33

70(1) and 87 (" Ctldum Sillcide /

63(33) and (71) 54 Iron and eted screws, all torts, including gimlet points

(") 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 Screwi.

4. Galvanised Mush Room Hoad Cutter Wood Screws.

5. Large Head Coffin Screws.

6. Square Head Coffin Screws.

7. Dowell Screws.

8. Laying-ln-Screwi.

3

2

1

9. Phillips Recessed Wood Screws.

(6) Wood screws of the types specified below :—

1. Counter sunk Head Wood screws.

2. Counter sunk. Head Household assortmunt.

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 description :—

1. Coach, Screws, Square and Hexagonal Head.

(2) Self-Tapping Screws (Sheet Metal Screws) includ-

ing Hammer Drive Screws.

72(3)

Steel earth wire for electric installations . . ..

33.

(0 Earthwirc (stranded)

(U) Stcol earth wire for hydro-electric installations.

72(3)

55-A Rolling Mill rolls (whether of cast iron, cast steel or

74

56 Fabricated icon and steel sheets, for the construction of coal tubs and fabricated galvanised iron sheets for roofing rail- way wagons.

57

72(3), 74,74(1), 74(3), 75 and 75(4, Iron and steel tyres, axles, wheels and buffers for locomo- tives wagons and carriage whether for railway or tramways, and iron or steel railway or tramways springs whether laminated or coiled.

(a) Iron or steel tyres, axles and wheels.

(b) Iron or steel buffers for locomotives, wagons and carriages, whether for railways or tramways.

(c) Coil snrinsii uf Iron .in/J Seed for mulor vehicles,

railway ;md tramways.

(d) Lcif/kuniiutod spring assembly for motor vehicles,

railways ;md tramways.

(c) Industrie] coil springs, flat and other formed springs

including precision springs excluding hair springs for w.uches/clocks etc.

(/) Coil springs of non-ferrous miUls.

(g) Lc;ivcs for laminated springs of Iron and steel.

Locomotive pistons, rods and motion parts

72 and 72(3)

63(4) PigiroD

L lCCof I&E/70—10

1

3

2

PART II

15,73(7) and 87 1 Dry battery wax, red and black, wooden separators and

sealing compounds for batteries and accumulators—

(a) Wooden separator*,

(6) Dry battery wax, red, black, etc.

Deleted.

2

3 Raw Manila hemp (Fibre)

46(4)(fl)

4

46(4)

Raw hemp excluding raw Manila hemp (Fibro) .

5

46(5)

Raw sisal fibre

6

46(5)

Aloe Fibre . . . . . . . ..

7

53

Sisal yarn

PACKING AND JOINTING MATERIALS

58(1)

7-A Asbwtoi manufactures, not otherwise specified

(a) Asbestos yarn, packings, Rope lagging and asbestos

textile products, all sorts.

(b) Compressed Asbestos Fibre jointing sheets, mill board

Ferrobertos.

(c) Asbestos based products for electrical insulation and

products not otherwise specified.

58(2)

7-B Non-asbestos Packing and boilers all sorts, not otherwise

specified.

72(3)

7-C Steam pneumatic and hydraulic Non-asbestos packing*

for all machinery.

8 RMdy made boiler Non-asbestos packing

72(3)

METALS AND MANUFACTURES THEREOF

9 Iron and steel, and articles made thereof excepting those covered 63(l)to 63(28) 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 balls above 9/16 dia.

(i) Machined Steel balls 9/16 dla and below.

(<•) Unmachlned Steel Bolls.

(0 Grinding michined Steel balls.

(fl) Forged Steel balls.

1

2

3

(tl) (/) Coated or uncoated arc welding electrodes

(I) Iron or steel coated and uncoated rods wire, foils and

strip for gas welding and brazing.

(e) Steel drums and barrels.

(J) Welded wire mesh.

(g) Rollers/needle rollers both machined and unmichined.

(A) Chilled Iron and Steel shots/grits.

(/) Steel cut wire grits.

(f) Others.

10 Manufactures of copper, excluding scrap and those men-

tioned in Part t of the Schedule :

(a) Rods, wire, foil and strip made of copper for gas weld-

Ing and brazing.

(b) Copper wire (other than bare hard drawn electroly-

tic copper wire).

(e) Others Including copper powder.

11 Gorman Silver (including nickel silver) including semimanu- 65

factures and scraps there of.

12 Aluminium circles, sheets, strips and other manufactures, 66

not otherwise specified.

13 Aluminium in any crude form, including ingots, bars, blocks, 66(1) and 66(2) slabs, billets, shots and pellets.

Deleted.

14

13

68

Zinc or spelter, manufactures, not otherwise specified, excluding scraps, and those mentioned in Part I of this Schedule.

16

70 and 70(6) 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.

(6) Sintered Bronze, self-lubricating Bushes and Bearings

(popularly known as Oilite Bushes),

(c) Other sintered metal parts/components.

id) Others.

17

70(1), 70(7). T0(8)

and 70(9) AU sort of metals and alloys other than Iron and Steel and manufactures thereof, not otherwiso specified excluding those mentioned in Parts I, IV, V and VI of tho Schedule.

(a) (0 Cadmium, cobalt, manganese, magnesium, bis- muth, chromium, vanadium and other virgin non-ferrous metals not otherwise specified and

MlCCofI&E,70—11

I I

3

S.No.

17(a)(/)~ron/tf.

manufactures thereof including Nickel manufac- tures and also including monel metal manufac- tures, Dental silver alloy in 1 and 5 oz. packing, aluminium lead-winged, glazing bars and magne- sium 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 other- wise specified.

(W) All non-ferrous welding electrodes/rods/wires/ strips/foil /special shapes made of pure motals or alloys thereof, for purpose of gas welding and brazing.

(iU) Non-ferrous electroplating Anodes of all non- ferrous metals like Nickel, Cadmium, Chromium, Bismuth, Copper, Zinc, Lead, Tin, Antimony, etc.

(A) Non-ferrous resistance alloys and bi-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 ot plates, sheets, circles, strips, rods, bars, tubes, sections, wires and rivets.

(4) Aluminium scrap,

(") Others.

IS Racks for withering of toa leaves

71(6)

BEARINGS

19 (1) Ball Bearings—

71, 72(3), 72(35) to

72(38).

(0 Ball bearings of 1* bore (internal) diameter and below as specified in Appendix 14(1)(") and 14(1 ){b),

(W) Ball bearings of 1* boro (internal) diameter and below other than those specified in Appendix 14(1 )(a) and 14(1)(6).

(iii) Ball bearings above 1* bore (internal) diameter Upto and including 2" bore (internal) diameter as specified in Appendix ]4(2)(") and 14(2)(6).

(/v) Ball bearings above 1* bore (internal) diameter and upto and including 2' bore (internal) diameter i>ther than those specified in Appendix 14(2) (

(v) Ball bearings above 2* bore (internal) diameter and upto and including 3* bore (interim!) cfi.i, meter as specified in Appendix 14(3) (a) ami 14(3) (6).

(v/) Ball bearirtgs ,-ibove 2* bore (internal) diameter and upto and including 3" bore (internal) ciiiirnetcr other than those specified in Appendix 14 (3) (u) dud 14(3) (fr).

1

3

2

19—eontd.

i.No.

(WO

Ux)

19

72(3), 72(38) and (2)(0

75(11).

(")

(b)

71,72 (3),72 (38) and (")

75(11).

Ball bearings above 3* bore (internal) diameter as specified in Appendix 14 (4) (a) and 14 (4) (b). Ball bearings above 3* bore (internal) diameter other than those specified in Appendix 14 (4) (a) and 14(4) (b). Component parts of ball bearings not otherwise spe- cified. Roller bearings including needle roller bearings and needle roller assemblies. Component parts of Cylindrical roller bearings in- cluding accessories such as sleeves, nuts and washers not otherwise specified. Cylindrical roller bearings other than those specified in Appendix 14(5). Component parts of cylindrical roller bearings inclu- ding accessories, such as sleeves, nuts and washers not otherwise specified.

71, 72(3), 75(4), (a) Taper roller bearings as specified in Appendix

19 (3) (0

14(6).

75(11).

(b) Taper roller bearings other than those specified

in Appendix 14 (6).

71, 72(3), 75(4) and m

75(11).

Component parts of tapered roller bearings includ- ing accessories such as tapered rollers, sleeves, nuts and washer s.

Spherical Roller bearings.

19 (4) (/)

19 (4)W Component parts of spherical roller bearings inclu- ding accessories such as spherical rollers, sleeves, nuts and washers.

19 (5) (0 Needle Bushes/Shell type needle bearings/Thin shell Needle bearings/Dn'wn up needle bearings including needle roller bearings complete specified in Appen- dix 14(7)(a)

19 (5) (H) Needle Bushes/Shcl] type Needle Bearings/Thin Shell Needle Bearings/Dn'wn cup Needle Bearings including Needle P.oJ'er Bccrings ccmpletc specified in Appendix 14(7)(b). x

(5) (III) Needle bushes/Sh"ll type needle bcarirps/Thin Shell

19

Needle be ^iugs/D.-awn cup needle be -.ivri^ including Needle Roller bearings complete other th'n those specified in Appendix 14(7)(a) & (b).

19 (5)(/v:) Component " .its of Needle Roller Bc.ring/Nccdle Roller Bushes inclu-ikvs ccr.'w-~-"k-s such as cages, sleeves etc., not otherwise specified.

SMALL TOOLS AND HAND TOOLS'

71 & 72(3).

(1) Metal-working tools :

SO

(a) Tools unJ C-J'U\3 ripp-J v/uli e:i'i-.-j Tiiug;*?n Car-

bide or Swl'i'.', -. su'.li! i_.r Coi itnic o, ofh,>" i.-xi \.: tips (including inserted typ--s) rtnd spi'e tips air.' bits thereof excluding tools, tins and bits made out of steel which fall under S. No. 2O(1X6)/1I or S. No. 20(l)(c)/II.

1

2

3

. 20—eentd.

S. No

(4) Milling Cutters, Gear Cutters, End Mills, Slitting Saws, taps, dies and other thread forming tools.

(6) Metal working saws (including power operated hacksaw blades), wire, tube and bar drawing dies and nibs or pellets and other metal working tools (machine worked) not specified elsewhere.

71 & 72(3).

(2) wood-working tools :

(a) (/) Circular saws, Inclusive of inserted blade types.

(if) Wood working band saws.

{tit) Other machine worked saws.

(b) Machine worked cutters including all machine worked wood-working tools not elsewhere specified.

7K& 72(3>

(3) The following hand tools :

(a) (/) Files and Rasps

(If) Emery wheel dressers and cutters.

(lit) Glass cutting or writing diamond tools.

(b) (0 Tube expanders, Hand saws other than fret on

piercing saws.

(If) Hacksaw blades.

(WO Fret or piercing saws and coping saws.

(4) (a) Adjustable hand reamers or expanding reamers.

(*) Twist drills and reamers less than 1.190 mm dla.

(e) Carbide tipped drills and reamers less than 1.190 V 71 & 72(3)

mm dia.

(d) Twist drills and reamers of 1.190 mm dla and

above.

PRECISION AND MEASURING TOOLS

The following precision and measuring tools.:

21

71, 72(3) and 77.

(1) Micrometers, Universal Surface Gauges, Vernier Height Gauges, Vernier Depth Gauges, Micrometer Depth Gauges, Rule Depth Gauges, Planer and Shap- er Gauges, Taper Parallel Gauges, Screw Pitch Gaug- es, Fillet and Radius Gauges, Feeler Gauges, Thick- ness Gauge Stocks, Twist Drill and Machine Screws tap Gauges, Calliper and Wire Gauges, Drill and Wire Gauges, Jobbers Drill Gauges, Drill Point and Depth Gauges, Rolling Mill Gauges, English Stan- dard Wire Gauges, Dial Gauges, Dial Test Indicators, Lathe Test Indicators, Straight Edges, Indicator Attachments, Vernier Callipers, Universal Bevel Pro- tractors, Protractors, Combination Sets, Stainless Steel Draftsman's Protractors, Gear Tooth Verniers, Speed Indicators, Hardened Ground Steel Parallels,

3 1

2

Die Makers Squares, Hardened Steel Squares, Uni- versal Bevels, Combination Squares, Automatic Cen- tre Punches, Combination Calliper and Dividers, Steel Rules, Measuring Tapes, Feolcr Gauges Strips and also such othur measuring tools and instruments used in the engineering workihop and industry for measuring or gauging or checking or comparing phy- sical dimensions.

(2) Tool Maker's Button*.

ABRASIVES

22 Sand paper and glass paper

30 and 30(9)-

23 Valve grinding pastes and compounds .

32(3)

71(8), 81(12) and 24 Grinding wheels and segments, abrasives, grinding belts,

72(3).

rolls and discs—

(a) (0 Diamond lapping wheels or grinding wheels

Impregnated with diamond dust.

(W) Other manuacturcs of synthetic abrasive grains—

impregnated with diamond dust.

(6) Grinding wheels and segments.

(c) Othors.

30(10) and 87.

25 Carborundum files, abrasive bricks, emery powder, emery grain, emery cloth, emery paper, abrasive grain and carborundum powder—

(a) Emery fillets.

(b) Crocus paper and emery polishing papers of stan-

dard micron gradings.

(c) Water proof abrasive paper and cloth.

(d) Emery grain, emery powder, abrasive and carborun-

dum grain and powder.

(e) Others.

CRUCIBLES

26 (1) Graphite Crucibles for pit furnaces . . .. 87

72(e) and 37.

(2) Graphite Crucibles Including covers, mufflerings and

stands for tilting furnaces.

67

(3) Silicon Carbide Crucibles for pit fired furnaces

(4) Silicon Carbide Crucibles for tilting furnaces

72(c)

BELTING

27 Belt cement

32(3)

27-A Boltjdrosslng

32(3) and 33.

1

2

3

28 Betting for machinery all sorts, Including belt laces and belt 50(3), 72'and 72(13).

fasteners :—

(1) Leather lace*.

(2) Leather belting.

(3) Deleted.

(4) V-Belts, V-Belts endless—made of leather or rubber.

(5) Hair Belting.

(6) Cotton belting, cotton rubberised belting, cotton

bituminlsed belting.

(7) Spindle tape.

(i) Conveyor belting :—

(a) Rubber covered conveyor belting.

(6) Steel conveyor belts.

(9) Rubber ply transmission belts.

(10) Balata belting.

(11) Endless flat belts, endless cone drum belts and end-

less made up machine belts.

(12) Single Bolt Belt fasteners.

(13) Double Bolt Belt fasteners.

(14) Deleted.

(15) Deleted.

(16) Steel belt lacing (Alligator types).

(17) Steel belt lacing (other than Alligator types).

(18) Others.

MACHINERY

29 Powder driven road rollers and component parts thereof. 72(o) and 72(3).

30 Diesel engines of all types and component parts thereof 72(a) and 72(1X except spare parts for Internal combustion engines of road vehicle type :—

(a) Diesel engines of 0-3 H.P.

46) Diesel engines above 3 H.P. and upto and Including

30H.P.

(e) Diesel engines above 30 H.P. (d) Marine type diesel engines (/.*., an engine usually supplied with bell housing, carrying reverse gear and clutch In which water circle Is protected with zinc coating or 1* made of bronze and starting contrivance U at high level to facilitate hand starting).

1

2

3

fi.No. 30—contd.

(e) Diesel engine of road vehicular type excluding spare*

thereof.

( /) Spare parts of dieael engines other than spare* for

road vehicular type diesel engines i—

(/) Fuel Injection equipment and component parts

thereof.

(tf) Air cleaners.

<0) Others.

Petrol, Gas and Kerosene engines of the types (excluding 72(a) and 72(3).

31

automobile units) and component parts thereof except spare parts for petrol internal combustion engines of road vehicular type:—

(a) Complete engines.

(6) Parts thereof.

(o) (/) Out-board motors upto and including 5 H.P.

(#) Out-board motors above 5 H.P.

Patrol/Gas/Keroseno engines of Road Vehicular type.

31-A

Motors and Generators of any type or design and compo- 72(b) 72(3) and 32

nent parts thereof—

72(14).

(fl) Fractional horse power motors (including motors upto one H.P.) suitable for D.C. supply or iiingle phase.

(b) A.C. 3 phase, squirrel cage and sllpring motors upto 200 H.P, conforming to details of construction and design as given below : —

(0 Type-Standard High Torque (Including loom

motors) smooth acceleration.

(W) Voltage—upto 550.

(fti) Spindle—Horizontal or vertical.

(lv) Enclosure—Screen protracted/dip-proof totally enclosed (Including fan cooled).

(c) Motors of tho types mentioned In (6) above but from

above 200 H.P.

(d) Other types of motors.

(") Parts of Motors.

( /) Electric Generators.

(g) Generating Sets,

(ft) Parts of Generators.

1

2

3

33

72(6), 72(3). 72 and

73.

Pneumatic plants consisting of Prime movers and auxiliary equipment including parts thereof and portable electric tools and parts thereof.

33-A Industrial Exhaust Fans and Blowers . . .. 72(6), 72(3), 72(6)

and 73(18).

33-B

72(b), 72(3) and

72(6).

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.

34 Power driven pumps arid component parts thereof excluding 72(b), 72(3) and trailer pumps :—

72(6).

(a) (/) Special for pumps fused caustic soda or acids,

(//) Vacuum pumps electric either complete with or without base plate and motor of capacity not exceeding 1 \1 H.P. for use in Inboratory provid- ed 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.

(e) Spare parts of power driven pumpi excluding trailer

pumps.

34-A

72(3) and 72(6).

Polishing bobs and wheels, scratch brushes and scouring brushes which are component parts of polishing machines,

Manual operated pumps and component parts excluding

33

stirrup pumps :—

(a) Petrol and oil pumps and parts thereof.

(b) Other tvpes of hand pumps. (

36 The following articles of machinery not otherwise specified in this schedule when required for jute industry, hemp industry, tea industry, 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 separatable from the operative parts.

72(b)

(2) Machines and set of machines to be worked by elec- tric, steam, water, fire or other power not being manual or animal labour or which before being bro- ught into use requires to be fixed with reference to other moving parts.

72(c>

(3) Apparatus and appliances not to be operated by man-

ual 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 rot be essential for their use for any other purpose.

1

3

2

72(d)

(4) Control gear (other than electric 6elf acting or other- wise) and transmission gear (other than electric) designed for use with any machinery above specifieed, excluding driving ropes not made of cotton and belt- ings.

72(3)

(5) Component parts as defined in Import Tariff item No. 72(3) of machinery specified in clauses (1), (2) (3) and (4) above excluding those covered by Serial No. 68 of Part V of this Schedule.

72(6)

(6) Machines or parts of machines to be worked by manual or animal labour, not ptherwise specified and any machines (except) such as are designed to be used exclusively in industrial processes which require for their operation less than one quarter of one brake horse power excluding typewriters and sew- ing 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

71 (1)

The following hardware iron mongery and tools, namely agricultural implements, not otherwise specified and pruning knives and parts thereof:—

(a) Pruning knives.

(W Tungston carbide/tipped spares for mining and other

industrial machinery,

(c) Others.

37(1

720), 72(3) and

72(40).

) The following textile machinery and apparatus by what- ever power operated when required for jute and hemp textile industries, namely, healds; heald cords and heald knitting needles; reeds and shuttles; warp and weft prepa- ration machinery and looms; bobbins; dobbies; jncquard machines; jacquard harness linen cords; jacquard cards; punching plates for jacquard cards; warping mills; multi- ple box sleys; solid border slcys; tape slcys; swivel sleys; tape looms; heald knitting machines; dobby cards latt- ices and lags for dobbies; sizing machines; doubling machines; cone winding machines; piano card cutting machines; harness building frames; card lacing frames; drawing and denting hooks; sewing thread ball making machines; cumbli finishing machinery; hank boilers; mail eyes; lingoes} take up motions; temples and pickers; picking biinds; picking sticks; priming machines :—

(") Jute bobbins,

"•) Pickers.

(c) Shuttles.

(d) Picking bands.

(") Picking sticks.

( /) Other Jute Mill Stores coercd by (his Serial No.

2

3

72(3)

*m

) Component parts as defined in Import Tariff Item No. 72(3) of machinery specified in clause (1) above, excluding those covered by S.No. 68 of Part V of this Schedule.

72(3)

3T-A The following component parts of machinery when requi- red for the Railways :—

•omponent parts, not otherwise specified in this Schedule of Machinery as defined in item 72(o) of the first Schedule to the Indian Tariff Act, 1934 namely, such parts only as are essential for the working of the machines or apparatus and have been given for that purpose sonic special shape or quality which would not be essential for their use for any other purpose and excluding articles covered by Part VI of this 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 Collector of Customs to be reasonable.

ELECTRICAL GOODS

Electric insulation including press—pahn (electrical grade) 45, 73-82 (5) and 87 56

but excluding ebonite rods, tubw and sheets.

L Electric Bulbs not otherwise specified :

60(2) and 60(5) and

73.

(a) General lighting service lamps upto 1,000 watts in all finishes including frosted, inside white opal and day light blue.

(6) All types of train lighting and cablight lamps.

(c) Studio electric and projector bulbs.

(d) Flourcscent tubes.

(") Motor car lamps,

(f) Auto bulbs, all sorts.

(f) Other lamps.

/'

The following electrical instruments and accessories :— 71. 72(2). 72(3\

(a) Indicating Switch Board antf Controller Mounting

73, 73(1), 73(5). 73 (16) and 77(2).

Instruments (Voltmeters, Ammeters, Wattmeters, Power Factor Meters, Frequency Meters, Synchro- scopes), Recording instruments, Permfnent fixing, recording Voltmeters, Ammeters, Wattmeters, Maximum Demand Meter, Instrument Transfor- mers.

<

b) (1) Portable Instruments (Portable moving coil and moving Iron Voltmeters, Ammeters, Watt- meters Power Factor Meters, Frequency Me- ters), Insulation Testers, and Accessories, Ohmeters, Capacity Meters, Wheat stone Bridge. Fault Loca- ting SeW. Potentiometers, Time Switches, G.P.O.

1

2

3

Detccto/s, Standard Accessories such as Connecting Leads, Compensating Leads, Standard Cells, Resis- tance Boxes and Galvanometers for use with instru- ment).

01) House 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 wire).

40 Cable accessories . . . . . ..

72 (3) and 73

Deleted.

41

72 (c!) and 72 (3) 41- •A Synthetic graphite and amorphous carbon electrodes as used in electric furnaces for production of Iron, Steel Perro alloy and non-ferrous metals, Synthetic graphite and amorphous carbon electrodes for use in electrolytic processes, electrodes paste and carbon furnace (Liner) blocks for use in electric furnaces.

72 (d) and 72 (39) Electric control gear and electric transmission gear:—

42

(•) Power and Distribution Transformers of ratings

up to 20,000 KVA and 132 KV on the H.T. side.

(b) (i) Lightning arrestors of 220 KV and below,

(ii) High Voltage Fuses (1. 1 KV and above)

Oil) Protective Relays.

O) Power line carrier equipment and components thereof such as (0 carrier equipments, (//) wave Traps, (Hi) Matching Units.

(c) Electric motor starters.

(d) 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. No. 42 (a)/II and 42 (b)/II e.g.., oil coolers, radiators, bucnoly, relays, etc.

(e) Metal clad (or otherwise clad) switches and switch fuse units and metal clad (or otherwise clad) cut-outs.

(f) AJr and oil circuit breakers upto 660 volts and cubi-

cals and 'panels' incorporating these,

(g) Air and oil circuit breakers, minimum oil arid air blast circuit breakers above 660 volts and up to 220 KV and cubicals and panels incorporating these.

(h) (i) Power capacitors of 11 KV and below,

(li) HRC Fuses of 440 and 660 Volts of ourrent

rating upto 830 amp. and below.

(iil) Others

1 2

3

43

72(e), 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 poles, troughs, con- duits, and Insulators designed as parts of a transmission system and the fittings thereof and also flexible metallic tubes:

(a) Bare electrical conductors (cables, wires and strips)

of copper aluminium or any other material,

(b) Steel tubular poles.

(c) Flexible metallic tubes designed as part of electric

transmission system.

(d) Insulated (plastic, paper or other material ) power

cables.

(e) High tension insulators.

(0 Conduits.

(g) Mining cables & Railway signalling cables.

(h) Others

Electric fans, table and ceiling and parts thereof—

44

3(18)

• 3(1) and

(a) Ceiling fans and parts~J

72(12)

(b) Table fans complete $

45 The following electrical instruments, apparatus and appli- ances excluding automatic blackout control gwltchcs, and parts thereof not otherwise specified namely—

Eloctrical 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 afa pres- sure not exceeding 250 volts; and regu lators for use with motors designed to consume less than 187 watts; bare or insulated copper wires and cables any one core of which not beinp 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 including also cleats, connectors leading in tubes and the like, of types and sizes such as are ordinarily used in connection with the transmission of power for other than Industrial purposes and the fittings thereof but excluding olectrical earthware and porcelain othwwise specified.

a) Insulated (plastic, rubber, paper textile or other materials) cables and wires other than those coming under 43 (d)/n and 45 (c)/II and flexible cords.

(6) Metal clad or r otherwise clad switches excluding switches falling under S.No. 39/n, Bwitch fuse unita and metals (or otherwise) clad cut-outs.

3 1

2

(i) Enamelled copper winding wires.

00 Enamelled or Insulated strips.

(") Resistance wires

46

73(2), 73(8) md 73 14) The following Electrical Instruments, apparatus and appli- ance, namely, telegraphio 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 >

(.") Plash light cases (6) Carbons

(c) Condensers

(4) Others

46-

•A Accumulators and batteries, including batteries for motor vehicles, wireless apparatus and train lighting and traction

72, 73(2), 73(4), 73(71 73(15). 75(1) and

75(3).

(") Storage batteries for cars, trucks, Scooters, motor cycles, tractors, train lighting cells, aircraft batteries, signal batteries, telephone exchange, power house etc.

(/>) deleted. (c) Hearing aid batteries (rfj Diaphragms or electrolytic cells

(•) Dry battery for torch lights

if) Other types of accumulators and batteries

46 •B Telegraphio instruments and apparatus and parts thereof 73(3)

imported by or under orders of Railways Administration.

47 Electrical earthenware and porcelain the following,

namely:—

(a) Insulators, Shackle Sinclair, Cordeaux or Pin type,

not otherwise specified:—

(0 fitted

(ff) not fitted

{b) Two-way cleate

(c) Spacing insulators (d) Ceiling roses:—

(0 fitted

(tf) not fitted

(•) Joint box cut-out:—

(0 fitted (tf) not fitted

¹

3

3

49

78(6)

Rubber insulated copper and cables no cdre of which other than one specially designed as a pilot core, has a 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. Nos. 43(d)/II and 45(c)/II and flexible cords.

I

(b) Others

48-A Electric Exploders

73

TRANSPORT MATERIALS

49

74

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 steel excluding articles specified in part I of this Schedule.

50

72(4) and 74(2) Railway material for permanent way and rolling stock, 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, traversers, 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 may, by Notific.ilion in Official Gazette, specially include therein. Provided also that articles of machi- nery as defined in item No. 72 or 72(3) of the first schedule to the Indian Tariff Act, 1934, shall not be deemed to be included hercunder.

SI Rubber fittings beiug component parts of railwry carriages. 74(3).

52

7-1(3)

MISCELLANEOUS

53 Safety lamps and spare parts

77

3

2

PART III

1

28

Sodium Acetate; Sulphate of Alumina (Iron Free), Chro- mium Acetate, Hydroaulphlte of Soda; Rangolito C or Formosul 'L' Sodium Nitrite; Textile Preservative; Desizing Agents; Levelling Agents; Penetrating Agents; Scouring Agentsj Wetting out Agents; Emulsifying Agents; Mordanting Agents; Turkey Red Oil; Oil and Grease Removers; Textile Oiling Agents; Solvents for Printing Discharging Agents; Anti—Reducf'on Kier Boiling and Softening Agents:—

(a) Hydrosulphite of Soda, Rangolito C (Sodulm sulphoxylate Formaldehyde) or FonnosuJ L, Brotasul and Sodium Nitrite.

(b) Sodium Acetate, Chromium Acetate, Turkey

Red Oil.

(o) (i) Cation Active, finishing agents, Synthetic

Rosin finishing agents.

(U) Optical Whitening Agents.

(///) Textile preservative (excluding phenol cresol

but including their substituted products).

(fv) Delustering agents other than titanium oxido.

(v) Anionic softening agents.

id) Wetting out, Penetrating, Dispersing, Scouring and Emulsifying agents, water roofing agents, synthetic bleaching agents (other th;m bleaching powder or hypochlorite), 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):

(/) Wetting out. Penetrating, Dispersing, Scouring

and emulsifying agents.

(fl) Industrial Enzymes.

(HI) Water proofing agents.

(/v) Synthetic bleaching agents (other than bleaching powder or hypochloriies, hydrogen peroxide etc.)

(v) Dyeing and Printing agenti exdndlng synthetic 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).

(vf) Sodium Aliginate,

(e) Sulphate of Aluminia (Iron free)

(0 Carboxy methyl cellulose rind its salts.

3 1

2

28(8) & 30 (13). 1-A . Zinc Chloride

Dyes derived from coal-tar and coal-tar derivatives used in

1-B

30(1), 30(13), 30(15)

and 30(16).

any dyeing process.

46(3)

2 Cotton raw

46(3)

3 Cotton ropes and bandings

4

50(4) & S3 The following articles of machinery not otherwise specified in this Schedule when required for textile industries other than J ute and Hemp.

'

72(a)

(1) Prime movers, boilers, locomotive engines and tenden for the same, portable engines (Including fire engines) and other machines in which the prime mover is not separable from the operative parts.

72(b)

(2) Machines and Bets of machines to be worked by elec- tric, steam, water, fire or other power, not being manual or animal labour or which before being brought into use is required to be fixed with reverence to other moving parts:

(a) Wet processing and finishing machinery.

(b) Plating, Stamping, Bundling, Baling and Reding

machines.

(c) Others.

72(c)

(3) Apparatus and appliances, not to be operated by 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.

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 excluding driving ropes not made of cotton and belting.

72<3)

(5) Component parts, excluding hosiery needles as defined in item No. 72(3) of the First Schedule to the Indian Tariff Act, 1934, of machinery specified in clauses (1), (2), (3) and (4) above but excluding those covered by Serial No. 68 of Part V of this Schedule.

72

(6) Machines or parts, of machines to be worked by mauual 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 article that arc covered by part VI of this Schedule.

5.

72(1). 72(4), 72(33) 72(40) & 72(b).

(1) The following textile machinery and apparatus by what- ever power operated when required for textile industries other than jute and hemp namely :—

1

2

3

Blow-room machinery. Carding Engines," Comberi (including Silver Lap Machines, Ribbon Lap Ma- chines, Lap Former), Speed Frames, Draw Frames, Ring Frames, Warp and Weft Preparatory machinery (Winding machine. Warping machine, Siring machine, Pirn winding machine) Drawing-ln and Twisting fn 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) Cotton healds

(6) Wire healds

(e) (J) Steel reeds

(W) Brasi reeds

(HI) AH metal reeds.

(rf) Shuttles

(") Bobbin and pirns

(*) Roller skini:

(/) Sheep roller skini

(W) Calf roller skini

(/) Picking bands

CO Picking sticks

(it) Card clothing and card accessories

(0 Deleted

(m) Dobbles

(N) Lags and lattices for dobbles

0>) Card cans

(4) Dobby harness elastic cords

(r) Heald Cord, Heald Knitting needles, Jacquard Har- ness, Linen Cords, Jacquaid Cards, Punching Plates for Jacquared Card, Piano Card Cutting machines, harness building frame and Jacquard Card lacing frame.

(i) Shed rods

(0 Rubber iproru and rubber cots

1

2

3

(u) Grinding rollers deador traverse

(v) Ring Travellers

(tf) Other*

48(c), 48(1) 3 (2) Component parts at defined In Import Tariff Item No. 72 (3) of machinery specified under S. No. 5(1) III, excluding thoae covered by Serial No. 68 of Part V of this Schedule.

\ Machine cloth

72(1) & 72(3). 5-t

6

72(10)

(a) Warp/Raschel/lace and weft knitting machines (including hcwcry machines) and embroidery machines to be worked by manual labour and which require less than one quarter of brake horse power.

(6) Warp/Raschel/lace and weft knitting machines (inclu- ding hosiery machines) and embroidery machines which require for their operation one quarter of brake horse power or more.

(c) Component parts for machinery falling under (a)

and (b) above excluding hosiery needles.

PART IV

1 & 1(1).

1 Animals, living all sorts

Bacon and Ham, not canned or bottled . . .. 1(2)

2

3

3

Fish, not otherwise specified

Fish, salted, wet

4

3d)

3(2)

Fish, salted, dry

5

Fish unsalted, dry

3(3)

6

Fish maws, including singally and sozile and sharkfins,

3(4)

7

4, 4(4) & 4(5) Butter, cheese and ghee

8

i

Powdered milk containing not less than 18 per cent crcptr

9

4(1)

Intended for infant feeding

10 Milk condensed or preserved, includirg milk cream not otherwise specified . . . . . .. 4(1) & 4(2)

Coral, unprepared

5

11

5(1)

12 Cowries

5(1)

S h e l ls

13

I v o r y, u n m a n u f a c t u r ed . . . . . ..

5(2)

14

P l a n t s, l i v i n g, n ot o t h e r w i se s r e c i f i eu . . ..

6

15

6(1)

16 R u b b er S t a m ps

3

1

2

7

17 Potatoes

18

7 &7(1)

Vegetable, nil sorts excluding potatoes, fresh, dried, salted or proserved not otherwise specified . . ..

8 '

19 Coconuti

20

8

Cashewnuto

8, 8(2). 8(3), 8(4) & 21

8(5).

(a) Fruits, all sorts, excluding coconuts and cashew nut, frosh, driod, salted or proserved not otherwise speci- fied and excluding dates:—

(/) Fruits, fresh, all sorts, n.o.s. excluding coconuts.

(//) Fruits, dried, salted or preserved all lorts, n.o.j.

excluding datei.

(" Date*

8(1)

22 Currents

9

23 Coffee, not otherwise specified

24 Coffee, canned or bottled

9(1)

9(2)

25 Tea

9(3)

26 The following spices, whether ground or unground,

namely:—

(a) Cardamom, Cassia, Cinnamon

(6) Pepper

37

9(3)

Cloves, all sorts, whether ground or unground

36

90)

Nutmegs . . . . . . . -•

9(4)

29 The following imground spicen, namoly—

(a) Mace

(b) Chillies and ginger .

9(3)

30 Betelnuts

9(6)

31 Vnr.iJIa beans

JC &. 1C(2) Gr;iii>, nrl otherwise specified ir.ilic'inc birkcu jjtiir.s Kit

.12

i.'xcludidg flour:

(a) C i ts

(b) (i) Maize

(//) B?.rley.

(c) (i) Jowar

(") Others

3

1 2

11

Flour, not otherwise specified

33

11(2)

34 Sago Flour

Sago, Tapioca and Tapicoa flour

11 (3) A 11 (6) 35

12

36 Vegetable Seeds—

(a) Cauliflower Seeds

(6) Others

37 Seeds, all sorts, not otherwise specified, excluding VC£CIB- ]2 & 12 (6) ble seeds.

12(2)

Copra or coconut kernel

38

39 Oilseeds, non-essential, all sorts, not otherwise specified 12(2) excluding copra or coconut kernel.

Rubber seeds

12(3)

40

41

12(4)

Hopi

42

12(3)

Fodder, bran and poilards

13

43 Wattle extract

44 Wattle bark

13(1)

Bark for tanning excluding wattle bark . . ..

43

13(1)

13(2)

46 (a) Cutch (6) Gambler . . ..

. ..

13(3)

Olibanum and frankincense

47

13(3)

Gum, arabic . . . . . . . ..

13(4)

48

(a) (0 Gum, and Benzoin (rus and kauri) but excluding

49

Dammor and rosin.

(If) Dammer including unrefined Batu . . ..

•13(4) & 13 (3)

(6) Rosin

(1) Stlct lac

50

(2) Seed lac

jl3(5)

51 Opium

13(6)

Cinchona bark

52

13(7)

14(10)

Cans and rattans

53

Stearine (Glycerine of Strearic acid) . . ..

15(10)

54

53 All sorts of animal fats, not otherwise specified, excluding 15 ttearine.

13

36 Wax, all sorts, not otherwise specified excluding paraffin wax, micro crystalline wax and dry battery wax, red and

1

2

3

Deleted

57

15(1)

5S Lard, not canned or bottled

Bees-wax

15(2)

59

15(3)

60 Tallow

(a) Mutton tallow

(A) Other kinds

14 (6) & 15(11) fit (a) Vegetable non^essanttal oils, not otherwise specified excluding Palm oil. Tunjj oil and China wood oil.

(6) Palm oil

(c) Tung oil and China wood oil.

15(7)

62 Coconut oil

15(7)

M The following vegetable non-essential oils, namely Groundnut and linseed

All s^rls of animal oils, not otherwise specified—

15(8)&15(12)

64

(a) Neats foot oil and its sulphonated products (6) Others

16

Canned or bottled bacon, ham or lard . . ..

65

Fish Canned

16(1)&16(3)

66

Isinglass, canned or bottled

16(2)

67

68  Sugar, oxcluding confectionery                               17
69   Molasses                                                    17(1)

17(2)

70 Confectionary including chocolate covertures In 1/2 lb. slabs.

Sugar-candy

17(3)

71

18

Cocoa and chocolate, other than confectionery

72

19 & 19 (3)

Biscuits and cakes

73

19(1)

Milk foods for Infants

74

20

75 Veijctablei products, pickles, chutnies, sauces, ketchups and condiments, canned or bottled.

20(4)

75-A Jams, Jallios and Marmalades, canned or bottled

20(1)

76 Fruit Juices, Squashes, Cordials and Syrups, not other-

wise specified.

76-A Juices, either individually or in mixture, of apricots, bor- 20(5)

riea, grapes, pineapples, plumi and prunes.

- '1

20(2)

77 Tomatoes, potatoes, onions, and cauliflowers, canned or bottled.

¹

2

3

77. A Fruits, canned or bottled, not otherwise specified .

20(3)

77. B Asparagus, canned

20(6)

77- C Vegetables canned or bottled, all sort*, other than tomatoe*. 20(7)

potatoes, onions and cauliflower*.

77- D Canned fruits of the following description, namely:— 30(8)

Apricots, berries, grapes, plums nnd prunes, and fruits salads composed of not less than 80 per cent in quantity and in value of the above named fruit*.

E Pineapples, canned

77-:

20(9)

Canned or bottled provisions, not otherwise specified

78

21, 21 " ), 21(4), 21(5) & 21(6)

79 Provisions and oilman's stores and groceries, all sorts, not otherwise specified—

21(1), 21 (7), 21(8),., 21(9) & 21 (10)

(/) Semolina

(rt) Self-raising flour

("0 Saffron

(fv) Essences not containing spirit

(v) Chicory

(vf) Yeast

(WO Others

22

81

82

83

84

85

1

2

3

87 Drugs and medicines containing spirit . . .. 22(5)

Perfumed Spirit

22(5)

88

89 Bitters and Rum

22(5)

(a) Bitters

(b) Rum

22(6)

90 Denatured spirit

91 Vinegar in casks

22(7)

92 Oilcakes

23

(a) Cotton seed cake

(6) Others

24

Tobacco manufactured, not otherwise specified

93

94 Cigars

24(1)

95

24(2)

Cigarettes . , . N

96 Tobacco unmanufactured

24(3)

97 China Clay

25

98 Salt

25(1) & 25 (2)

99

25(3)

The following building and engineering material namely Chalk, lime and clay

100 Cement, not otherwise specified . . . .. 25(4)

101 Portland cement oxcluding white portland cement

25(5)

102 Stone prepared as for road Metalling . . .. 25(6)

103 Marble and stone, not otherwise specified.

25(7)

104 Coal, coke and patent fuel

28

105 Mineral oils, not included In Item No. 27 (4) or Item NoT" 27(5)

27(6) of the First Schedule to the Indian Tariff Act, 1934 which is suitable for use as an illuminant in wick lamps.

106 Mineral Oils:—

27(7)

(a) Which has its flashing point at or above two hun- dred degrees of Fahrenheit's thermometer, and is ordinarily used for the batching of jute or other fibres.

(b) Which has its flashing point at or above one hun-

dred and fifty degrees of Fatherenheit's thermometer, is not suitable for uso as an illuminant in wick lamps and Is such as is not ordinarily used except as fuel or for some sanitary or hygenic purposes.

1

2

3

Deleted

107

Amalgams and preparations of Mercury compounds but 28

108

excluding antifouling compositions and mercury compounds.

109 Drugs, Medicines, all sorts, not otherwise specified in this schedule.

28. 28-A, 28 (21), 28 (23), 28 (24). 28 (25), 28 (26), 28 (26A), 28 (27), 28 (28) & 28 (31).

Deleted.

110

28(9)

111 Sacharino (except in tablets) and such other substances as the Central Government may, by notification in the official Gazette, declare to be of like nature or use to Saccharine.

Saccharine tablets . . . . . ..

28(10)

112

28(11)

Alkaloids or opium and their derivatives . . ..

113

114 Alkaloids extracted from cinchona bark and their salts as such or in combination with pentaquinoine phosphate.

28(12)

28(14)428(30) Toilet requisites not otherwise specified :—

115

(a) Sanitary Towels

(6) Dandusa

(c) Other Toilet requisites n.o.s.

Cinematograph films, not exposed . . . .. 29

116

29(1)

Cinematograph films, exposed . . . ..

117

Deleted.

118

Deleted.

119.

Deleted."

120

Deleted.

121

30(5)

Plumbago and graphite . . . . . ..

122

30(6)

Printers' ink

123

30(7)

Lead pencils . . . . . . . ..

124

30(8)

Slate pencils

125

31

Pine oil

126

31

127 Natural Essential oils, all sorts, not otherwise specified excluding pine oil

31(1)

The following Natural Essential oils, namely:—

128

1

2

3

O'tronella, C i n n a m on a nd C i n n a m on leaf.

129 T he following N a t u r al Essential oils, namely:—

31(2)

A l m o n d, b e r g a m o t, gajupatti, c a m p h o r, clove, eucaly- ptus, lavender, lemon, otto-rosc peppermint, n u t m e g, lime, ncroli, c a n a n pa a nd dementholished p e p p e r m i nt (<:x-mentha arvensis)

130 Essential oils, synthetic . . . . . ..

31(2)

131 C a m p h or . . . . . . . ..

31(4)

132 Perfumery, not otherwise specified:— . . ..

31(5)

(a) Resinoids, namely, Benzoin, o i l b a n a m, G a l b a n a m, L a b d u n a m, O c l o n o ss o p o p o n a x, Balsum p o r u, Balsum Tolu, Styrax, a nd O r r i s.

(*) M u sk

(c) Patchouli leaves

(d) Others

133 S o a p, n ot otherwise specified . . . . ..

32

134 S o a p, toilet

32(1)

135 S o ap household a nd l a u n d ry . . . . ..

32(2)

136 Polishes, a nd compositions excluding valve grinding pastes, 32(3) a nd c o m p o u n d s, belt cement a nd belt d r e s s i n g :^

(a) Leather polish.

(b) Metal polish,

(e) C ar polish.

(

(e) Other polishers a nd compositions.

137

32(4)

Candles

G l ue not otherwise specified excluding belt dressing .

33

138

139 G l u e, clarified liquid. . . . . . ..

33(1)

140

34(2)

Fire works specially prepared as d a n g er or distress lights for t he use of ships.

Fireworks n ot otherwise specified . . . ..

141

34(3)

142 M a t c h e s, u n d i p p ed s p l i n ts a nd v e n e e rs . . ..

34(4)

H i d es a nd s k i n s, n ot o t h e r w i se s p e c i f i e d :—

143

36

(a) Chrome splits.

(6) Leather splits,

(c) Pickled hides skins pelts splits and parts thereof

(d) Others.

1

]

2

i Hides and skim, raw or salted:—

144

36(1)

(a) Hides and skins raw or salted, where value of hides

and akins Is more than that of wool/hair thereon.

(6) Fur skins of leopard, tiger, deer, rabbit, fox, cat and

other wild animals and reptiles skins.

Sldns (other than Fur Skins) tanned, dressed and unwrought

145

leather

36(2)

The following leather manufactures, namely:—

37

146

Saddlery, harness, trunks and bags

Leather cloth Including artificial leather . . ..

147

37(2)

Manufactures of leather not otherwise specified:— .

37(1) 38

148

(a) Leather bounds

(6) Others

Fur skins dressed

149

38

Rubber, raw

39

150

Firewood

151

40(1)

132 Furniture and cabinet-ware and parts thereof not other- 40(2) wise specified, excluding mouldings:

Aluminium tea chest linings

40(3)

153

Cork manufacture, not otherwise specified

41

154

•42

155 Furniture of wickerwork or bamboo, and parts of such fur- niture, not otherwise specified.

44

Writing paper t—

156

(a) Writing paper other than note paper, writing pade

and envelopes.

i '

(6) Note paper

44

157 Printing paper, excluding poster and stereo and all coated papers, but Including art paper, all sorts, which contain no mechanical wood pulp or in which the mechanical wood pulp amounts to less than 70 % of the fibre content.

158

45

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 of Part V of this Schedule.

159 I

44

[a) Paper, Including poster and stereo and all coated paper except art paper, all sorts not otherwise specified excluding cigarette paper and packing and wrapping paper.

(b) Filter paper.

1

2

3

160 Pocking and wrapping paper

44

161 Deleted.

162

44<5)

Trade catalogues and adv#rtising circulars Imported by packet, book or parcel post.

163 Deleted.

164 Newspapers, old, in bags and bales . . .. 44<7)

Steel pens (i.e., pen holder nibs)

165

4 5 and 45 (6)

166 Duplicating stencils

45

167

45 & 45 (3)

(0 Fountain pens . . . . . . . - . (it) Parts of fountain pens.

168

44, 45, 45 (4), 45'

(5) & 82(5).

Articles made of paper and paper mache, stationery in- cluding drawing and copybooks, labels, advertising cir- culars, sheet or card almanacs and calendars, Christ- mas, Easter and other cards, including cards in booklet forms; including also waste paper but excluding steel pens, duplicating strencils, fountain pens, & parts there- of, presspahn paper, rubber bands, erasers and stamps and rubber hand rollers for cyclostyling and paper and stationery otherwise specified.

(a) Printed advertising material nupplied free of charge. (b) Printed advertising material not supplied free of

charge.

(e) Others

169

45(1)

Standard technical books or books of reference concern- ing law and legal practice, or for use in connection with me- dical practice, scientific research or industrial processes.

170

45(1)

Books, printed, including covers for printed books, maps, charts and plans, proofs, music manuscripts, and illus- trations specially made for binding in books but excluding books falling undor Serial No. 169 of this Part of this Schedule.

171 Prints, engravings and pictures (including photographs and picture postcards) on paper or card boards.

45(2)

172 Silk, raw (excluding silk waste and noils) and silk cocoons . 46(1)

Silk waste and noils

173

46(1)

Textile materials, the following !—

174

46(4)

(a) Raw flax, and all other unmanufactured textile ma- terials, not otherwise specified, excluding raw jute.

(i) Raw Jute.

47

175 Silk yarn Including thrown silt warp and yarn spun from waste or noils but excluding sewing thread:— j

(a) Thrown silk yarn including Organzlne, Tram (i.e. Warp and Weft yarns respectively) but excluding sewing thread.

2

3

1

(6) Yarn spun from silk waste, excluding sewing thread,

175

(c) Yarn spun from oils, excluding sowing thread

176 Silk sewing thread

47(1)

177 Artificial Silk Yarn and Thread

47(2)

178 Hand knitting wool

47(4)

179 Cotton thread othor than sewing or darning thread .

47(5)

180 Cotton twist and yarn—

(a) Cotton yarn of 80 counts and above. .

47(6)

W> Others.

181 Cotton sewing thread

47(6)

182 Cotton darning thread

47(6)

183 Twist and yarn of flax or jute

47(7)

184

48

Fabrics not otherwise specified, containing more than 90 per cent of silk, including such fabrics embroidered with artificial silk.

185

48(1)

Fabrics, not otherwise specified containing more than 90 per cent of artificial silk.

186

48(2)

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.

187

48(2)

Woollen fabrics, not otherwise specified, including shawl cloth containing more than 90 per cent, of wool exclud- ing felt and fabrics made of shoddy and waste wool and fabrics, specified in Serial No. 186 of this Part of this Schedule.

188 Cotton fabrics, not otherwises specified containing more 48(2) than 90 percent, of cotton:—

(a) Orey, piecogoods (excluding bordered grey Chad-

t dars, dhotlos, saries and scarves).

(ft) Printed pieccgoods and printed fabrics,

(c) Cotton piecogoods and fabrics not otherwise specified.

189

48(4)

Fabrics, not otlisrwise specified containing moro than 10 per cent, and not more than 90 per cent, silk.

190

48(5)

Fabrics not otherwise specified, containing not more than 10 por cent, silk but more than to per cent and not moro than 90 por cent artificial flilk.

191

48(6)

Khaki, air blu^, barathea and other fabrics, not otherwise specified, suitable for making uniforms and containing not more than 10 por cent silk or 10 por cent, artificial silk, but containing more than 10 per cent, but not moro than 90 per cont wool.

1

2

3

192

48(6)

Fabrics, not otherwise specified, containing not more than 10 per cent, silk or 10 per cent, artificial silk but 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 this Schedule.

193

48(7)

Fabrics, not otherwise specified, containing not more than 10 per cent. *llk 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.

194

48(8)

Fabrics, not otherwise specified, containing not more than 10 ptr cent, silk or 10 percent, artificial silk or 10 per cent, wool or 50 per cent, cotton.

193

48(9)

The following cotton fabrics, namely:—Sateens including Italians of Sateen weave, velvets and velveteens and embroidered allovers :—

(a) Italian of Sateen weave.

(6) Velvets and velveteen*,

(c) Others.

196 Fabrics containing gold or silver thread . . ..

48(10)-

197

49

Textile manufactures, the following articles when made wholly or mainly of any of the fabrics specified in Item No. 48(3)(6) 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 cloths, handkerchiefs, napkins, pillow cases, pillow slips, scarves, shirts, shawls, cotton socks, towels, umbrella coverings.

198

49

Textile manufactures, being the article specified in serial No. 197 of this Part of the Schedule, but being made wholly or mainly of fabrics specified in Item No. 48(3)(c) of the first Schedule to thi; Indian Tariff Act, 1934.

199

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 tho fabrics specified in item Nos. 48, 48(1). 48(3)(a), 48(4). 48(5), 48(7). 4E(9), or 48(10) of the First Schedule to the Indian Tariff Act,

, 1934.

200

49(1) (a)

Fonts, being bona fide remnants of piecegooda, or other fabrics of materinls liable to duty under Item No. 48(3) of the First Schedule to the Indian Tariff Act, 1934 not exceeding 4 yards in length.

201

49(1XA)

Fents, being bona fide remnants of pieccgoods or other fabrics of material liable to duty under Item Nos. 48, 48(1), 48(4) or 48(5) of the First Schedule to the Indian Tariff Act, 1934, not exceeding 2-J yards in length.

202

49(lXc)

Fcnts, being bona fide remnants of piecegoods or other fabrics of materials other than those specified in Serial Nos. 200 and 201 of this Part of thia Schedule not ex- ceeding 4 yardi in length.

1

2

3

203

49(2) Ribbons

204

49(3) Blankets and rugs (other than floor rugs), excluding blankets and rugs made wholly or mainly from artificial silk.

49(4) Woollen carpets, floor rugs, ruffle cloth, shawls and lohis

205

49(4) 206 Manufactures of wool, not otherwise specified including felt but excluding those specified in Serial No. 205 of this Part of this Schedule.

207

49(5) Cotton braids or cords, the following, namely ghoonsis and

muktakcsis.

208

50 Jute manufactures, not otherwise specified

Second hand or used gunny bags or cloth made of jute .

209

50(1)

Hemp manufactures

210

50(2)

211 Oil cloth and floor cloth

50(3)

212

50(7) Mats and mattings, not otherwise specified

213 Coir fibre, coir yarn and coir mats and matting

50(8)

Stocks and stockings made wholly or mainly from silk or

214

51 artificial silk,

215

5KD Woollen hosiery and woollen knitted apparel that is to say all hosiery and knitted apparel containing not less than 15 per cent, of wool by weight.

216

51(2) Cotton knitted apparel including apparel made of cotton interlocking material, cotton undcrvests knitted or woven and cotton socks and stockings.

217 Cotton knitted fabrics

51(3)

52 and 52(4) Lace and embroidery

218

52 Deleted. Second-hand clothing

219 220

221

52 W^ter proof clothings

222 H;ibcrdashei y millnery and drapery . . .. 52

223 App.ircl and hotiery not o!l-.et wise si

52

224 Uniforms and fccuiiiitreniinls pertaining iherclo imported

52(2) by a public servant for his pciionul use.

Deleted.

225

53 mid 33(2) Textile manup ctuixs '^"'t otl'.t-.iw:^ ific'lVd, excluding

226

sis.'l y."in, dr/'ivuiy In..-v.- f< -i- (lie ti..ilti r i ' M ' s, l'"sc ti^'Cc ol"cr.nv;>, iciFitt-1/.iti.l wiili Li>W>er rmJ coiton banoines:

(a) FI.".xhose.

(b) Linen thread.

3

1

2

226 (c) Linen pleoegoods.

(tt) Othors.

227

54

Second-hand boots and shoes other than those containing rubber.

228 Boots and shoes, not being second-hand, other than those i 54

containing rubber.

229 Uppers for boots and shoes unless entirely made of leather 54<2)

230 Hats, caps, bonnets and hatter's ware, not otherwise specifi-

ed.

55,55 (1), 55 . (2) & 55 (3)

231 Fittings for umbrellas, parasols and sun-shades :—

56

(a) Umbrella ribs.

(b) Others.

232 Parasols and sun-shades

56

233

56(1) '

Umbrellas . . . . . . . ..

234 Articles made of stone or marble ,.. „ .

58

Deleted

235 236 Tiles, other than glass, earthenware or porcelain tiles ,

59

237 F i r e b r i c ks . . . . . . . ..

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 Iterr No, 72 or no. 74^2) of the first Schedule to the Indian Tariff Act, 1934.

239 Eaiihcnware, all sorts, not otherwise specified

59^2)

(a) Waterfllters and porcelain mortars and pestles of big sizes.

(b) Others.

240 China and porcelain, al] sorts, not otherwise specified .

59(2)

241 Earthenware pipe and sanitaryware:

59(3)

(a) Earthenware pipe. (6) Sanitary ware . . . . . ..

242 Tiles of earthenware rmd porcelain:

59(3)

(a) Tiles other than broken glazed tiles.

(b) Broken glazed tiles.

243 Domeuiii: earthenware, china and purcelnin, the following:

59(5)

Ten cups, coffee cups, saucers fur Due with tea cups or colTi cups, tea pots, sugar bowls, jugs, having a cpi'jity of over 10 ozs. air.1 plates over 5-J/2 inches diameter.

2

3 1

60(6) and 60(7) 244 Sheet and Plate Glass

60

245 Glass tableware oxciuding glass tumblers

60

246 Glass tumbler*

60

247 Glass bottles and phials

(a) Feeding bottles.

(6) Aerated water boltles—"Cold" type only,

(e) Others.

Glass and Glassware, not otherwise specified, and lacquered- 60 and 60(8) 248

ware:—

(a) Vacuum flasks.

(b) Heat resisting glassware.

(c) Others.

60(10) Glass globes and chimneys for lamps and lanterns

249

60(5)

250 Electric bulbs for torches

(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-focuasod types of bulbs.

Deleted.

251

252

60(3) and 6G( 4 Glass bangles, glass beads and false pearls

61

253 Precious stones, unset and imported uncut, excluding dia-

monds in all forms.

61

254 Pearls unset . . . . . .. .

255 Precious stones, unset and imported cut . . .. 61(1)

256 Deleted.

61(5) 257 Imitation gold and imitation silver thread and wire, lametta and metallic spangles and article of like nature made of metals other than gold or silver.

258 Deleted.

259 Gold plated pen nibs

61(7)

260 Articles, other than cutlery and surgical instruments plated 6K8) with gold or silver.

261

61(9) Cutlery plated with gold or silver

3 1

2

61(10)

262 Jewellery and Jewels other than those made mainly or wholly

of gold or silver.

263

63(28)

Empty drums and barrels returned by Steamship Com-

panies to Oil Companies in India.

63(29)

264 Enamelled ironware, the following, namely, signboards and the following articles of domestic hollow-ware, namely, Basins, bowls, dishes plates and thals, inclu- ding rice-cups, rice-bowls and rice-plates.

70 and 70(1) 265 Chemical or imitation gold known by any name such as

'New Gold' 'Star Gold' 'Orient Gold' etc.

266

70(7)

Mercury . . . . . . . ..

71,71(9)

267 Domestic hardware and stoves made of aluminium and parts

thereof—

(a) Domestic hardware.

(h) Stoves and parts thereof.

48(3),-71 and 71(9) 268 Domestic hardware and stoves not made of aluminium and

parts thereof—

(a) Domestic hardware.

(b) Stoves and parts thereof.

71

269 Enamelled ironware, not otherwise specified:—•

(a) Enamelled iron sulphonating pots,

(b) Enamelled iron bath tubs,

(c) Others.

270

71 and 71(1) Garden tools, other than prunning knives

71, 71(7) and 71(11) 271 Metal lamps and parts oi lamps made of aluminium

272

71, 71(7) and 71(11) Metal lamps and parts of lamps not made of aluminium

273

71

Incandescent mantles

274

71 and 71(3) Zip fasteners with metallic teeth

275

61(11) and 71 (a) Hardware, iron mongery and tools, all sorts, not other-

wise specified in this Schedule, and parts thereof, excluding machine tools, agricultural implements and chains.

(b) Garage Tools.

276 Buckets of tin or galvanised iron and parts thereof .

71(1)

277

71 (.2) ud 71(10) Safety razor blades . . . . . ..

71(2) and 71(10) Cutlery all sorts, not otherwise specified, excluding safety

278

razor blades.

LI CC of I & E/70—12

1

3

2

71(3)

279 Metal furniture and cabinctware and parts thereof

71(4)

280 Printing type

71(5)

281 The following printing materials namely, leads, brass rules, wooden and metal quoins, shooting sticks, galleys and metal furniture.

Deleted.

282

72(3)

283 Sets of mats when imported as advertising materials in con-

nection with exposed films.

284 Domestic refrigerators and room air-conditioners:—

72(5)

(a) Complete.

(6) Parts thereof

285 Typewriter ribbons

72(27)

286 Typewriters and parts thereof, excluding typewriter ribbons: 72(26) and 72(27)

(a) Complete.

(6) Parts thereof excluding typewriter ribbons.

287 Domestic sewing machines, complete . . ..

72(6) and 72(11)

288 (a) Parts of sewing machines domestic

72(6) and 72(11)

(b) Needles for domestic sewing machines

Wireless Instruments and Apparatus, including Wireless 73(4) and 73(13).

289

Transmission Apparatus, etc.

290

73(1), 73(4), 73 (10) and 73(12).

Component parts of Wireless Reception Instruments and Apparatus, including all olectrio valves, amplifiers and loudspeakers which arc not specially designed for pur- poses other than wireless reception or are not original parts of and imported along with Instruments or appara- tus so designed out excluding those mentioned in Part n of this Schedule :

(a) Electronic valves.

(A) Condensers,

(c) Resistances

(d) Potentiometers, Volume control and tone contro .

(") LoudSpeaken.

(/) Others.

291 Motor vans and motor lorries Imported complete .

75

Motor cars Including taxi cabs

292

75(1)

1

2

3

293

75(9), 75(10), 75(U). 75(12) and (12A), 75(15) and75(16).

Articles (other than rubber tyros and tubes, iron and steel bolts and outs and chains for motor cars) adapted for use as parts and accessories of motor cars, including taxi cabs but excluding those mentioned in Part II of the Schedule.

75(2)

Motor cycles and motor scooters:—

294

(0 Motor cycles and scooters.

(it) Auto-attachments.

75(2)

295 Articles (other than rubber tyres and tubes and chains) adapted for uso as parts and accessories of motor cycles and motor scooters except such articles afl are also adapted for uso as parts and accessories of motor cars.

Motor omnibuses; chassis of motor omnibuses, motor vans 75(3)

296

and motor lorries.

75(13) 297 Parts of mechanically propelled vehicles and accessories, not otherwise specified, excluding rubber tyres and tubes, and chains and such parts and accessories of motor vehicles, included in Item No. 75(3) of the First Schedule to the Indian Tariff Act, 1934, as are also adapted for use as parts and accessories of motor cars.

75(4)

298 Carriages and carts which are not mechanically propelled, not

otherwise specified.

75(4)

299 Parts and accessories of carriages and carts which are not mechanically propelled, not otherwise specified, excluding rubber tyres and tubes, and articles specified in Part I of this Schedulo.

75(5)

300 Cycles (other than motor cycles) imported entire or in

sections.

301

lSf3(7>

Parts and accessories of cycles (other than motor cycles) ex- cluding rubber tyres and tubes and chains but includ- ing iron and steel bolts and nuts adapted for use on cycles and also steering tubes screws.

X-Ray films

77(5)

302

77(5)

Photographic negatives and printing paper, /excluding X-Ray

303

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.

77(1)

306 Instruments, apparatus and appliances imported by a passenger as part of his personal baggage and in actual use by him In tho exercise of his profession or calling.

Artificial teeth

77(3)

307

78 and 78(1) 308 Clocks and Watches and parts thereof . . ..

1 2

3

78 and 78(1) 308 (a) Clooks (other than time-pieces) e.g., wall clocks with or without pendulum, mantle clocks, marine clocks, electric docks etc.

(6) Parts of clocks,

(c) Time-pieces, I.e., one day alarm clock and parts thereof,

(rf) Watches and parts thereof.

to

79 309 Talking machines and parts thoreof and records for talking

machines—

(a) Complete gramophones

(b) Gramophone needles,

(c) The following parts, namely:—

(1) Gramophone motors and parts,

(2) Sound boxor- and parts.

(3) Automatic brakes and parts.

(d) The following parts, namely :—

Record changers and component parts thereof.

Record players and component parts thereof.

Pick up tone, arms and component parts thereof. •

(e) Gramophone Records of all types.

(/) Others.

11 Musical instruments and parts thereof, all sorts not other-

wise spccilied. . . . . . . ..

79

30 311

80 312 '•'•i-e whore otherwise specified all articles which are arms or parts of armi within tho meaning of (he Indian Arms Act, 1S78 (excluding springs used for air guns), all tools used for donning or putting together the same, all machines lor making, loading, closing, or capping i;a"trid';e3 for amis other than rifio arms and all other sorts of -immunition and military stores and any articlos which ih- G.'ntrul Government may by Notification in the Official Gazette declare to l"e ammunition or mili- tary stores for the purpose of the Indian Tariff Act, 1934, excluding percussion caps.

313

80(1) Subject t"i the exemptions specified in Item No. 80(3) of the Firs' Sensible, to tho Indian Tariff Act, 19"M; Fire turns inclnrlt.ii; KIS ;"uvt Air <"uns, gas and air lifka find was auJ ii"i PiSt )'s T>< 'it'w'wisc spfjcifi'.'J but. cxcludini; parts and •I'i.-iissj-ics tlwr<5of.

1

2

3

314 Subject to the exemption specified in Ttem No. 80(3) of tho

80(2) First Schedule to tho Indian Tariff Act, 1934.

(fl) Barrels, whether single or double for flre arm? in- cluding gas and air guns, gas and air rifle.-, and gas and air pistols, not otherwise specified.

(J) Main springs and magazine springs for fire arms,

including gas guns, gas rifles and gas pistols.

(c) Gun stocks and breoch blocks.

id) Revolver cylinders.

(e) Actions (including skeleton and waster), breech bolts and their heads, cocking pieces and locks for muzzle loading arms.

(J) Machines for making, loading, or closing cartridges

for rifled arms.

ig) Machines for capping cartridges for rifled arms.

80(3) The following arms, ammunition and miliatry stores:

315

(a) Arms forming part of the regular equipment of a commissioned or gazetted officer in Government service entitled to wear Diplomatic, Military, Naval, Air Force or Police uniform.

(b) A revolver and an automatic pistol and ammunition for such revolver and pistol up to a maximum of 100 rounds, per revolver or pistol.

(/) when accompanying a commissioned officer or the Indian regular forces, or of the Indian Territorial Force or a gazetted Police Officer, or (if) certified by the Commandant of the corps to which such officer belongs or in the case of an officer not attached to any corps, by the officer command- ing the station or district in which such officer ia 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 Indian Extradition Act, 1903,

(tf) Morris tubes and patent ammunition imported by officers commanding Indian Regiments or volunteer corps for the Instruction of their men.

90(4) 316 Ornamental Arms of an obsolete pattern possessing only an antiquarian value, mosonic and theatrical and fancy dress swords, provided they are virtually useless

3

1

2

for offensive or dofensive purposes, and are Intended exclusively for domestic, agricultural and Industrial purposes.

Cartridge cases filled and empty

81

317

Coral prepared . . . . . . ..

12

318

Ivory, manufactured, not otherwise specified

82(1) 319

Bangles and beads, not otherwise specified

82(2) 320

Paint and varnish brushes . . . . ..

83 321

83 Toilet brushes

322

83 323 Brooms . . . . . . . ..

Brushes, all sorts, excluding paint and varnish brushes,

324

83 toilet brushes and brooms i

(a) Artists' Brushes including Hog's Hair brushes.

(6) Others.

323

84 and 84 (1) Toys, games, playing cards and requisites for games and sports, bird shots, toy cannons, air guns and air pistols and parts thereof, for the tune being excluded In any part of India from the operation of all the prohibition and directions contained In the Arms Act, 1959, and bows and arrows and parts thereof, excluding rubber-balls, football bladders, balloons and toys.

(a) Fishing hooks.

(b) Table Tennis (Ping Pong) balls.

(c) Educational and mechanical toys.

(d) Golf balls.

(") (0 Billiard accessories Including billiard cushions, cloth cut to size, cues, chalk and tips.

(U) Golf clubs.

(W) Roller skates.

O) Steel fishing rods,

(v) Skulling exercisers (rowing machines).

(vO Rackets for tennis, badminton and squash, pro- vided the c.Lf value of each without guts is not below Sh. 32, Sh. 22 and Sh. 22 respectively.

(vff) Bats for cricket provided the o.Lf. value Is not

below Sh. 35.

(v/ff) Air guns and air pistols of the type used for shoot- Ing purposes but excluding toy guns or pistols.

I

2

3

325(e) (tx) Bats for table tennis provided the o.i.f. value is

not below Sh. 4.

(/) Playing Cards.

(g) Others.

326

85

Buttons, metal, including buttons steel and cufflinks made of metals other than than gold and silver.

327 Smoker's requisites made of aluminium.

8S(1)

35(1)

328 Smokers' requisites—pipes and parts thereof.

329 Smokers requisites, parts thereof excluding those made of

aluminium, tobacco, matches and pipes i

85(1)

(a) Cigarette paper in booklet form.

(b) Others.

330. Engravings and Pictures (including photographs and 86

picture-post cards, not otherwise specified)

331 Art, works of, not otherwise specified.

86(1)

332

86(3)

Specimens, Models and Wall Diagrams illustrative of natural science and medals and antique coins, imported for instructional purposes

333

86(3)

Specimens, Models and Wall Diagrams illustrative of natural science and medals and antique coins not imported for Instructional purposes.

334 Postage Stamps, whether used or unused

86(a)

Brake fluid

335

87

336 Buttons, other than metal . .. .

85

337 Empty Gelatine Capsules

87

338 Leather, artificial manufactures of . . .. 87

339 Synthetic Stones

87

340 Zip fasteners with celluloid and nylon teeth

87

PART V

1 (a) Pulses other than gram and entils

10

(A) Gram and lentils

10(1)

2 Wheat

10(1

3 Wheat flour .

. . .. 11(1)

4 Starch and farina

11(4) and 11(5)

5

13

Chromosol S. F. Chromolino and other Chrome com- pounds used for dyeing or tanning (excluding barium, lead and zinc ohromate*).

1

3

2

6

13 and 13(8) 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.

7

13(3)

Gums, Resins and Lac, all sorts, not otherwise specified,

excluding olibanum and frankincense.

8

15 and 15(a) Greases, all sorts, not otherwise specified, including pet- roleum jellies, paraffin wax and microcrystalline wax.

9 Cod liver oil

15(4) and 28(22)

10 Fish oil including whale oil, not otherwise specified, ex-

15(4)

cluding cod liver oil

(a) Sperm oil

(b) Ethers.

11 Fish oil and whale oil hardened and hydrogenated .

15(5)

1(2) and 19(3) 12 (a) Farinaceous and patent foods, canned or bottied, ex- cluding milk foods for infants and also excluding breakfast foods (wheat flakes, com flakes, processed oats and shredded wheat) and Pearl Barley.

(b) Breakfast foods, (such as wheat flasks, corn flasks,

processed oats and shredded wheat) and Pearl Barley

Essences containing spirit used for the manufacture of 22(4)

13

beverages.

14

22(4)

Metallic Ores, all sort, except Ochres and other pigment ores but including antimony oro, in lump, powder, or concentrated form.

27(1)

(a) Asphalt, excluding Asphalt emulsions and Gllsonlte

15

(b) Asphalt emulsions,

(e) Gilsonite.

27(2) and 27(9) Pitch and Tar Including coal tar and coal pitch .

lb

22(9)

17 (a) Transformer Oil, insulating Oil, Switch Oil and all sorts of Mineral Oils, not otherwise specified, other than Liquid Paraffin, White Oil, Textile Finishing Oil, Textile Fibre Oil and Batching Oil for Fibrres.

(b) White Ofl.

(c) Liquid Paraffin.

(d) Textile Finishing Oils, Textile Fibre Oils and Rmching

ODsor fibres.

.hi

IF fCeroscne; also any mineral oi! other than kerosene and motorsptm which has its flashing point below one hundred degree* of Fahrenheit's thermometer.

1

2

3

Motor spirit

19

27(6)

20

27(8)

Lubricating oil, that is, oil such as b not ordlnaily used for any purpose other than lubricating, excluding any mineral oil which has its flashing point below two hundred degrees of Fahrenheit's thermometer.

21

28 and 28(17) Chromium sulphate, chromium chloride and other chrome compounds excluding barium chromates and chromium acctato.

22 Chemicals not falling under any other Serial No. of this

Schedule.

28, 28(15), 28(18) and 34

(a) Caustic Soda

(£>) Other Chemicals.

Gas cylinders when imported filled with gas

22A

28(8) and 72(c)

Bleaching paste and bleaching powder

28(8)

23

Copper, green (ferrous sulphate)

28(8)

24

Sulphur :

25

(a) Non-processed elemental/non-reflned recovered sulphur. 28, 28(3)

(b) Processed sulphur (all grades).

26 Soda ash, including calcined natural soda and manufactured 28(4)

scsquicarbonates.

Heavy chemicals, the following namely, Magnesium chlor-

27

ride.

28(5) 28(6)

The following chemicals, namely :—

28

(a) Alum (ammonia alum, potash alum and soda alum).

(6) Magnesium sulphate or hydrated magnesium sulphate.

29

28, 28(7) and The following chemicals, namely, cadmium sulphide, co- balt oxide, liquid gold for glass making, selenium and uranium oxide.

28 (7-A)

(a) Selenium and Selenium dioxide.

(b) Others.

Potassium bichromate, sodium bichormate and chromic acid

30

28(8) and 28(17)

The following chemicals, drugs and medicines, namely :—

31

2f(8), 28(16). 28(19), 28fc0>, 28(29) and 28(33).

(a) Acetic, Carbolic, Citric, Hydrochloric, Nitric. Oxalic, Sulphuric, Tertarit; and anv oiher acids, excluding

3

1 2

31(0) chromic acids, anhydrous ammonia, naphthalene, Po-

tassium chlorate. Potassium cyanide and other potas- sium compounds, bicarbonate of soda, borax, sodium cynide, Sodium Silicate, arsenic, calcium carbide, glyce- rine, lead, magnesium and Zinc compounds, not other- wise specified,

(6) Aloes, asafoetida. Cocaine, Sarsaprilla and Storax.

Anti-plague Serum

M(13)

32

Aluminium powder and paint.

30

33

(a) Aluminium powder and paste.

(6) Aluminium paint.

34

30, 30(11), 3O(1'2)

and 30(14)

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[fc>aintffend sand papers and glass papers. .

Paints, colours and painters' materials, the following:

35

30(2>

(a) Red lead, genuine dry, genuine moist and reduced

moist.

(b) White-lead, genuine dry.

(c) Zinc white, genuine dry

{d) Paints, other sorts, coloured moist.

36 Paints, colours and painters' materials, the following, 30(3>

namely i—

(a) Red lead, reduced dry.

(6) White lead, genuine moist and reduced dry or moist,

(c) Zinc white, genuine moist.

(d) Zinc white, reduced, dry or moist.

37

30(4)

The following paints, colours and painter's materials, namely:—

Baryte*, turpentine, turpentine substitute and varnish not containing dangerous petroleum within the meaning of the Indian Petrol cum Act, 1934 :—

(a) Harmloss food colours,

(b) Water and oil colours.

(c) Pigment water finishes and stains for leather and shoes.

(d) Raw materials for paints specified elsewhere.

2

1

3

(") Titanium Dioxide.

37

(/) Lithoponc.

(g) Cuttle flsh bones.

(A) Blanc fixe.

(0 Ultramarine Blue.

(J) Ceramic Colours.

(k) Bronze Powder.

(0 Other manufactured paints, distempers, varnishes and

lacquers.

Gunpowder for cannons, rifles, guns, pistols and sporting 34

38

purposes.

34(1)

39 Explosives, namely: blasting gunpowder, blasting'gelatine, blasting dynamite, blasting roburite, blasting tonite and all other sorts icluding detonators and blasting fuse.

Manures, all sorts, including animal bones and the follow 35 and 35(1) 40

ing chemical manures i—

Basic>lag, nitrate of ammonia, nitrate of soda, muriate of potash, sulphate of ammonia, sulphate of potash, kainite salts, carboline, urea, nitrate of lime, calcium cynamlde, ammonium phosphates, mineral phosphates, mineral- superphosphates :

(a) Rock phosphate Mineral phosphate.

(6) Sodium Nitrate.

(H) Sulphate of Potash

(<0 Sulphate of Ammonia.

(") Triple Super Phosphate.

(/) Other Nitrogenous Fertilisers.

(g) Others.

41

ID, 39(2), 39(3), 77 and 77(2).

Rubber tyres and tubes and other manufactures of rubber, 311 not otherwise specified, including ebonite rods, tubes and sheets but excluding apparel and boots and shoes:—

[a) Rubber pressure and vacuum tubing (for laboratory use)

(01

and vaccine caps.

(6) Rubber contraceptives.

00 C

Slant motor, motor cycle tyres, tubes and flaps, bicycles tyres and tubes and industrial tyres, tubes and flaps including solid tyres, but excluding tractor and off-the-road tyres and tubes.

   1                           2                                                    3
41   (W") Tractor  and  off-the-road  tyres,  tubes  and  flaps,  ex-
          cluding  other  types  of  tyres  and  tubes  and  flaps  speci-
          fied  elsewhere.
 (fv) Rubber  battery  containers.
  (v) Rubber  thread.
 (W)  Ebonite rods, tubes and  sheets.
 (v") Sectional  Air  bags.
      Rubber  gloves  all  sorts  viz.  :—
(v"0
     (a)  Surgical  rubber  gloves  .
     i (6) Industrial  rubber  gloves.
     (0  Electrical  rubber  gloves
     ) {d) Others.
     Others.

(te)

42 i (a)(l) Wood and Timber, all sorts, not otherwise specified, including all sorts of ornamental wood but excluding agarwood, plywood, sandal wood, tagarwood, lamina- ted wood and veneer. . .

40,40(4), 40(6).

and 87

(It) Laminated wood

i (b) Veneers and plywood, sandalwood, agarwood and

tagarwood.

42-A

.. Tea chests and parts and fittings, thereof, including tea chests containing aluminium but excluding aluminium tea chest linings. . . . . . .. 40(3) and 40(5)

43 Wood pulp

43

43-A

. Pulp (other than wood pulp) from vegetable fibres such as bamboo, grasses, reeds and agricultural residues inclu- ding pulp of rags and mixture of such pulps.

43(1)

44 White printing paper (excluding laid marked paper which contain mechanical wood pulp amounting to not less than 70% of the fibre contents)

44

Cigarette paper

45

44 and 44(1)

L Paste board, mill board, card board and straw board, all

4S-A

sorts . . . . . . . ..

44(4)

Rubber bands, erasers and stamps and rubber band rollers

46

for cyclostyllng:— . . . . . ..

39(1) and 45(6)

(a) Rubber erasers

Others

(A)

2

1

3

W o ol r aw a nd wool t o ps including w o ol waste, s h o d dy wool,

47

a nd woollen rags . . . . . ..

46(2) and 49(4)

48 W o o l l en y a r n, n ot otherwise specified . . ..

47(3)

W o o l l en y am for weaving a nd knitting w o o l, excluding h a nd

49

47(4)

knitting w o ol

50 H a ir a nd woollen yarn exclusively used for t he m a n u f a c t u re

of hair belting

47(8)

51 C o r d a g e, r o pe a nd twine of vegetable fibro other t h an j u te a nd c o t t o n, n ot otherwise specified . . ..

50(6)

52

52

Apparel containing r u b b er

53 Silk or artificial silk g o o ds 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 b a n d a g e s, silk or artificial silk a b d o m i n al belt9, silk or artificial silk web catheter tubes a nd oiled silk or artificial silk

52(1)

54 Delivery hose for trailer p u m ps . . . ..

53

53

55 H o se m a de of canvas impregnated with rubber .

56 R e gs a nd other p a p e r - m a k i ng mii-,;ria1s, d e l u d i ng pulps thereof a nd p u l ps d ad w o od a,id o t h er vegetable fibres a nd ( he mixture of '.uc'i pulps . ..

53(1)

54

57 B o o ts a nd s h i vs c r i n t j ' n ng rubber

50(1)

58 BuiWi.ig a nd }'. is, \\ •;,!$ b:icks

59 Cov.-,*rt cruc/bLa I ' l i f ^ i¹; . a s k i ng .

•39(C)

60 Deleted .

. . ..

61 D i a m o n ds uns-;i ;in>' irvMiiod ur.cut, excluding b..>rt :inil

61

Indusiridl didmorn'Iii . . . . . ..

Stcci hoiiiiets , . . . . .,

63(8)

62

70(7)

6 2 -A R a d i um . . . . . . ..

63

70(10) and 7O(1J) T he following articles of builders hardware, hinges, locks a nd bolts :—

(a) D o or locks (not p ad locks) . . ..

(b) suit-case locks

(c) H i n g es .

. . . . ..

(rf) Others .

64 Deleted.

3

2

1

65 The following articles of machinery, not otherwise specified, in this schedule except when required for the textile in- dustries, tea industry, iron and steel production works, electric supply undertakings, mines and quarries :•—

1.

72(a) ) Prime, movers, boiler, locomotive engines and tenders for the same, portable engines (including fire engines) and other engines in which the prime mover is not separable from the operative parts.

(2 ) Machines and sots of machines to be worked by elec- tric, steam, water, fire or other power not being ma- nual or animal labour or which being brought into use re- quired to be fixed with reference to other moving parts.

72(6), 72(15), 72(16). 72(17), 72(18), 72 (19), 72(20), 72(21} 72(22) and 72(23)

(3]

72(c) 1 Apparatus and appliances, not to be operated by ma- nual or animal labour which are 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 bo essential for their use for any other purpose.

(4) Control gear (other than electric) self acting or otherwise and transmission gear (other than electric) designed for use with any of the machinery specified above exclud- ing driving ropes not made of cotton and belting.

72(d)

Boot and shoe manufacturing machinery.

(0

(/0 Cinema Machinery (including Studio equipment and projection and also including sound recording apparatus for the production of cinema films).

Oil crushing and refinery machinery.

(m

Petroleum and gas well drilling equipment.

(W

Refrigeration and Air Conditioning Machinery other than

(v)

domestic refrigeration :— (a) Air Conditioners, package typ • other than room air- conditioners.

(6) Other types . .

(W)S ugar manufacturing and refinery machinery .

rbe following road making, haulage earth moviDg equipments

(a) Wheeled and Crawler tractors above 50 D.B.H.P.

(6) Shovels, excavators, motorlsed graders, vibrating soil compactors, vibrators, stone crushers, stone granula- tors, Tar and Bitumen boilers/sprayers, core drilling machine, concrete mixers, asphalt mixers, mortar mills, motorised scrappers and towed scrappers, dozers

1

2

3

65(1-4) (all typos), loaders, coureto screens, road forms, road tampers, spreaders and finishers, dragline and winches, off-the-High ^ay dumpers and dumper wagons Dot built on conventional chassis.

(c) Sheep Foot Rollers and parts thereof.

(vffl) i Add resisting and chlorine resisting blowers and compres- sors, chlorinic and acid resisting valves and add resilient parts thereof, chlorine cylinders and valves there of, cylinder testing equipment and spares and srpraying nozzels for chamber plants.

Wind Mill

"*)

Machinery required for other Industries and Undertakings.

(*)

65 ( 5) Component parts, as defined in item No. 72 (3) of the First Schedule to the Indian Tariff Act, 1934, of machinery specified in clauses(l), (2), (3) and (4) above, but excluding those which are covered by Serial No. 68 of this part of this Schedule :

72(3) and 72(13)

) Parts of cinema machinery (including studio equipment and projectors and also including sound recording apparatus for production of dnema films) . . ..

i Parts of Refrigeration and Air-conditioning machinery other than domestic refrigerators . . ..

(a) Spare parts of Machinery falling under S. No. 65 (1—4)

<")

(vtf) (b)fV.

( til) Parts of machinery when required for industries and other than cinema and refrigeration and also other than spare parts of machinery falling under S. No. 65(1—4) WO (a) and (*)/V.

) Industrial knives.

) Industrial diamond drill bits, exduding drill bits for oil

(v

fields.

65 (6) Machines or parts of machines to be worked by manual or animal labour.not otherwise specified and any machines (except such as are designed to be used exclusively In industrial process) which require for their operation less than one quarter of one-brake horse power excluding typewriters and sewing machines and parts thereof, and also excluding those machines and/or parts thereof which are included in Appendix 35.

(a) Office machines and parts thereof, which are manually

operated or worked by power.

(0 Hand model type Duplicators (both hand feed and

self feed types).

[00 Duplicators, power driven. (tif) Other office machines.

1

2

3

65 (6)(6) Others.

66 Automatic Electrical control switches . . ..

72(d) and 73(i>

67

27

(1X0 Printing and Lithographic material, namely presses composing sticks, chases, imposing tables, lithographic stones, 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 cutters, rule cutters, slug cutters, type casting machines, typesetting and casting machines, paper in rolls with side perforations to be used after further perforation or type casting, rule bending machines, rule missing machines, bronzing machines, stereo typing apparatus, paper folding machine, paging machines, but excluding ink and paper and sets of mats when imported as advertising material in connection with exposed film, Treadle Printing Presses of presses of predominantly treadle type and Roller composition.

(j j) Tradle Printing Presses.

(iii) Roller Composition

72(3)

(2) Component parts as declared in Import Tariff Item No. 72(3) of Machinery specified in clause (i) above excluding those covered by Serial No. 68 of Part V of this Schedule.

68

72(3)

(a) Rubber Blankets (including mackintosh) for printing presses including requirements of cloth processing machines, viz., printing sanforizing etc.

(b) Rubber hoses required for the Oil Industry.

(c) Rubber spray hoses for industrial and agricultural

purposes.

(d) Rubber hose pipes and rubber hoses, n.o.s. and rub-

ber washers for boilers.

72(3)

69-A Hosiery needles for hosiery machinery and knitting machines whether operated by manual labour or mechanical power.

70 All types of lifts and elevators (including passengers and 72(4)

goods) component parts and accessories thereof :

(0 Complete lifts,.

(n) Parts of lifts

71 Stirrup pumps and Trailer pumps

72(6)

(a) Stirrup pumps.

(6) Trailer p amps-

Deleted.

72

73

72(7)

Water-lifts, sugar mills sugar centrifugals, sugar-pug mills, oil presses and parts thereof when constmctruer! so

1

3

2

that they can be worked by manual or animal power and pans for boiling sugarcane juice:—

(a) Sugar juice boiling pans.

(b) Others.

72(8), 72(9), 12(30> 74

and 72(31) The following Agricultural implements, namely, win- nowers, threshes, mowing and reaping machines, binding machines, elevators, seed and corn crushes, chaff cutters, root-cutters, ensilage cutters, horse and bullockgear ploughs, cultivators, scarifiers, i 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, huskers and shredders, potato planters, lime sowers, manure spreaders, listers soil graders and rakes, also agricultural tractors, also component parts of these im- plements, machines or 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 :

50

(0 Wheeled and Crawler Tractors upto and including

draw Bar Horse Power.

(if) Rotary Hoes and Rotary Tillers.

(M") Spare parts for agricultural tractors and for tractors

drawn agricultural implements-

(JV) Agricultural implements, tractor drawn only ex-

cluding Sheep Foot Rollers.

(v) Power driven agricultural machinery excluding Sheep Foot Rollers, Tractors, Rotary Hoes and Rotary tillers.

(vi) Parts of power driven agricultural machinery.

(VH) Chaff cutters other than power driven,

(vra) Sugarcane crushers.

(ix) Ploughs, plough shares and cultivators other than

tractors drawn.

(x) Sprayers (other than power driven) and parts.

(xi) Dusters (other than power driven) and parts.

(xii) Chaff cutter knives.

I (xin) Manual or animal driven agricultural machinery

and parts thereof, cot otherwise specified.

75 Dairy and Poultry Farm equipment, not other w>5<- 72(9) and 72(32)

specified end components parts thereof.

3 1

2

72(1), 72(11) and 76

72(15) (a) Industrial Sowing Machines and parts thereof which aro manually operated or worked by power and re- quire for their operation less than one quarter horse power.

72(1) 72(6), and

72(15) (A) Industrial Sewing Machines and parts thoreof which are worked by power and require for their operation one quarter horse power and above,

72(1) 72(6) end (c) Needles for all industrial sewing machines.

72(15)

73 and 77 Air raid sirens

77

73

78 Electrical instruments, apparatus and appliances, not other- wise specified, in this Schedule (excluding telegraphic and telephonic) and parts thereof not otherwise specified.

(0 Hearing-aids and parts thereof.

[ (tf) Electric cooking ranges and electric cookers, all types

and parts thereof.

(Ul) Tape and wire recorders, all sorts and parts thereof, (fv) Public address equipments and parts thereof:—

(1) Amplifiers.

(2) Loudspeakers.

(3) Pressure or driver units.

(4) Horns.

(5) Microphones,

[(v) Heating elements.

(vO Rectifiers and battery chargers and parts thereof.

(WO Household Electric Machines & Appliances all sorts n. o. a. such as Vacuum Cleaners, Washing Ma- chines, Hair Dyers, Shavers, Hair Clippers, Food/ Drink/Juice Mixers, Extractors, Water Heaters, Room Heaters, Electric Irons, Electric Kettles, Percolators, Hot Plates, Boiling Plates, Coffee Grinders and the like and parts thereof.

vltl) Yarn and Cloth testing machines including Other (

types of textile testing machines.

(te) Others.

73(9) 79 X ray (Dlagonostic therapy) and electro-medical apparatus and parts thereof n. o. s. including ultra violet and infra red lamps for medical treatment.

Deleted.

80

3

1

2

81 Deleted.

82

74(1)

Tramcars and components parts and accessories thereof excluding articles specified in Part I of this Schedule

• 83 Deleted.

84 Deleted.

85 Deleted.

86

75

Conveyances, not otherwise specified and component parts and accessories thereof excluding articles specified in PartJ of this Schedule :

(/) Auto rickshaws.

(if) Trailers, all types, including tipping trailers.

(//;) Perambulators and parts thereof.

(iv) Specialized vehicles (conventional vehicle chassis on which special type of bodies or machinery/equip- ment have been mounted, e. g.. Tipper or Dumper, Fire fighting vehicle. X-ray vehicle, mobile work- shop, recovery vehicle, well drilling vehicles, Truck mounted Cranes).

(v) Others.

87

76

Aeroplanes, aeroplane parts, aeroplane engines, aero- plane engine parts and rubber tyres and tubes used ex- clusively for aeroplanes.

88

The appropriate item

All manufactured articles and material used in aircraft construction and books, drawings, diagrams, illustrations and any other technical publications imported for the purpose of maintenance, repair and overhaul of aircraft, aeio-engincs and their instruments and equipment; provided that nolhing falling under this description shall be deemed to fall under other Serial No. of this Schedule.

89

76(1)

Ships and other vessels for inland and harbour navigation including steamers, launches, boats, and frigates impor- ted entire or in section; provided that articles of ma- chinciy as defined in Item No. 72 or No. 72(3) of the First "Schedule to the Indian Tariff Act, 1934, shall when separately imported, not be deemed to be included here- undcr.

90 Light ships

76<2)

91

76(3)

Furniture tackle and apparel, not otherwise described for steam sailing rowing and other vessels.

92

77

Instruments, apparatus and appliances and parts thereof including cinematographic and parts thereof, other than electrical but excluding articles otherwise specified in the schedule :

¹

3

2

92 (a) Water meters.

(b) Leader films,

(c) Weighing machines and parts thereof.

(d) Yam cloth testing machines, including Lap testing

machines.

(e) Gas masks and refills.

(/) Geometry Boxes and components thereof.

(g) Surveying and Mathematical instruments, the following

namely :—

(1) (a) Reversible level complete with stand.

(b) Dumphy level complete with stand.

(c) Indian pattern level complete with stand.

(2) (a) Slide rules.

(b) Prismatic compass,

(c) Clinometer and other magnetic compasses.

(d) Drafting machines.

(e) Plane-Tab's equipment Ordinary and Techo-

metric.

(/) Theodoiitics.

(g) Others.

(A) Deleted.

(0 Fir,--Fx'MguiKhers.

93

Optical, Scientific, Mct'jcpi incU;dine Surgical or Dental i n s t r u n i c i j t t, e q u i p n i o ni -itiL¹ ; i p r l ' ; n i ci s. L ; DC r u i tb i l i c i c of not made of rubber.

9-1

Opiict.l, Sci-rntifit-, MciTitxl inchiL'ir.p Surgical ri Dental j i i i ' i i i l i ' i n n- ( . q L i r m ^ ri , : nc - i p p l¹: i . n .f i.mU p a ; ": l h e i r if

in v."¹!- • ' t ' r ' j b b e r:

(a) (i) O i . s - i ' - . v i i¹ i -t; U . , - . , -: >{' >-•: 3 U - , ; . ' \.

2

1

3

94 (a) (it) Plastic frames including sides and fronts thereof when imoiftd stpaiauly ard spectacles wilh plastic frames.

(///) Lenses including bifocal blanks,

(fv) Rough blanks other than bifocal blanks,

(6) Metallic frames including sides and fronts thereof when imported separately, and spectacles with metal- lic frames.

(c) Other optical instruments, equipments and applian-

ces and parts thereof.

(d) Scientific and medical including surgical instruments, equipment and appliances and parts thereof, made wholly/mainly of rubber and /or made wholly/mainly of glass including laboratory glassware.

(e) Medical including Surgical instruments, equipment and appliances and pails thereof not made mainly of rubber and not made mainly of glass.

(/) Scientific instruments, equipment and appliances and parts thereof not made mainly of rubber and also not made mainly of glass.

(f) Microscopes and accessories and parts thereof.

Microscope slides and cover glasses. Brinells's microscope and parts thereof.

(A) Laboratory balances and weights and parts thereof,

(0 Clinical Thermometers.

(J) Dental instruments, equipment and appliances and

parts thereof not otherwise specified.

95 Rubber balls, football bladders, baloons and toys:

84

(a) Tennis balls.

(b) Squash balls.

(c) Others.

96 i Art, the following works of :

86(2)

(1) Stationary 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 or to be used in their construction whether worked or not.

91

t Artificial horn manufactured from rennet casein

87

98 Asbestos raw . . . . . . ..

87

99 Deleted.

1

2

3

100 Deleted.

Cellulose Acetate flakes, moulding powders and sheets .

87 101

A Cellulose acetate tmtyrate ana ceiluiose acetate proplonate

87 101-

101- B Deleted.

87 C Cellulose acetate film scrap

101-

87 101- D Cellulose Nitrate sheets, rods and tubes

87 101- E Chloride moulding powder

Cresol-formaldehyde moulding powders

87

102

87

103 Curled rope hair

61, 72(5) and 87 104 Diamonds Industrial, natural and Synthetic, In all forms including diamond grit and powder

105

61, 72(3), 87, 40(4) and 40(7)

Fibreboards (e. g., hardboards and insulating boards) ex- cluding plywood and vulcanlsed'flbre'sheets.

87

106 Gas black, thormatomic black, acetylene black and carbon black also including lamp black.

87

Glassjsubstitutes

107

21(3)

108 Gluoose powder (excluding Anyhydrous Dextrose and Glu- cose powder packed in small containers of 1 lb or less) and Glucose other sorts:

(a) Liquid glucose,

(t) Others.

Deleted.

109

It

87

Nickel Catalyst . . . . . . ..

\v>

82(3)

Phenol formaldehyde moulding powder . . ..

111

(a) Phenol forraaldehydo resinous sheets, tubes, rods and

112

other materials.

87

(6) Thennosetting synthetic rcaln bonded laminated- sheets; tubes, rods and other materials with paper or fabria base.

(c) Copper clad laminates with paper phenolic base. 4

87

Acrylic plastic moulding powder, sheets, rods and tubes

113

82(4)

k. Polyvinyl chloride-plastic sheets (unsupported)

113-^

87

1 Polydichlorstyrene resin

113-1

87

I Polystyrene

113-C

87

) Polyvinyl acetate resin powder

113-E

87

Polyvinyl butyral rcsln

113-E

87

Polyvinylidene chloride

113-P

87

\ Polyvinyl formal and Polyvinyl Acetol

113-G

2

3

2

H3-: H Polyvinyl chloride resin powders

87

87

U3-: I P. V. C. composition including moulding powder .

r Polyethylene moulding powder

87

113-J

113-1

C Polytetra Fludoethylene Resins (filled, unfilled or pig-

87

mented) and products thereof

87

114 Pyrotechnic aluminium

Stereo flongs

115

87

87

116 Synthetic resins, all sorts, not otherwise specified

(0 Phenolic, Urea, Melamine, Alkyds and Maleic resins.

(it) Synthetic Ion Exchange Resins . . ..

[Hi) Polyvinyl Acetate resins, Polyvinyl Alchohol, (

Polyvinyl chloride, acrrylate and their copolymers in emulsion and/or dispersion form.

(iv) Synthetic resins, all sorts, n. o. s. other than those covered by S. No. 116(/)V, 116(ii)/V and 116

Textile Printing Dyes

117

87

87

Urea-formaldehyde moulding powders . . ..

118

119

87

Vulcanised fibre in sheets, rods and tubes

Deleted.

120

121

87

Window glass channels

122

44(6) 61(2)

All articles not otherwise specified to this Schedule except Paper money, silver bullion and silver sheets and plates which bave undergone no process of manufacture subsequent to rolling, gold bullion and gold sheets and plates which have undergone no process of manufacture subsequent to rolling, Current coin of the Government of India, silver coin, not otherwise specified and gold coin.

62 62(1) 62(2) 63(3)

(/) Plastic materials not otherwise specified] .

(") Fluorspar

WO Bleaching earth (such as Fullers Earth Fulment, Tonsil

etc.)

(iv) Looking glass.

(v) Vulcanised fibre suitcases, trunks and bags n. o. s.

(rt) Water proofing composition.

(W/) Films made from transparent cellulose or Viscacella, Royasine, transparent cellulose wrapping^and ^other transparent paper.

1

2

3

122 (Wrt) Snap fasteners,

(fx) Cryolite.

(*) Casein,

(art) Flints stones.

(jrfO Plastic based adhesive tapes including cellulose

adhesive tapes.

(xtti) Enamelled frits

(xtv) Staple fibre tops and other synthetic and proteinoua

fibre tops

(xv) Staple fibre including synthetic protecinous cut fibres

(xvZ) Deleted.

(JCVW) French chalk

(xvlll) Ashwood'oars.

(jrf*) Manufactures of wood other than ashwood oars.

(xx) Domnuts.

(xxf) MIc*.

{xxiO Feathers,

(xxlif) Rudraksha beadi.

(xxiv) Filter candles.

(JCJCV) Plastic moulding powder, not other wise specified

(xxvO Vanadium Pentojdde catalyst,

(xxvtl) Fluxltc soldering paste and fluxei for gas or arc welding,

melting and refining metals.

(xxvttf) Corozo nut.

{xxtx) Filteraids.

(xxx) Asbestos magnesia lagging.

{xxxQ Asbestos mantle yarn.

(xxxll) Glass mineral, slag'wool, Fibre glass and product* there of.

(xxxttt) Glass tinsel powder.

(xxxtv) Wall Plug all sorts (non-electrical) with cementing

materials, n. o. s.

(xxxv) Deccx oil proof compound,

(jtxivf) Tailoring chalk.

xxxvil) Calcium carbonain activated (a. ?,, "Wiennofll" etc)

(

3

2

1

(x*xvff/)BoiIer compound (Antiscalo compound)

122

(xxxix) Embroidery ring frames.

(xl) Etching powder.

(xlt) Gypsum.

(xlll) Laboratory ware made of silica.

(xliit) Silicaware equipment for sulphuric, hydrochloric

and nitric acid plants and Ceramic equipment 'or chlorine plants.

(xliv) Silicon.

(xlv) Petroleum Coke.

(xlvl) Kapok.

(xMi) Negative Collodion and iodizer.

ixlviil) Kamandalu.

(xlix) Stamping foils (film-based).

(/) Yeast food and yeast culture.

(//) Others.

1

2

3

PART VI

MACHINE TOOLS

All machine tools of the following types including any stan- dard equipment or ancillary machinery usually sup- plied therewith:—

Milling, diesinking, engraving, keyseating broaching, oil-

1

grooving, splinnlng, profile slotting and marking

Metal cutting cold saws, back saw machines filing and sawing

2

bandsaw machines, cutting off (tool and abrasive)

Testing machine for mechanical workshop and engineering

3

laboratory use.

4 Grinding (excluding small electrical bench and portable, grinders up to 10" wheels and pneumatic grinders) honing, polishing and lapping.

Drilling (other than portable electric or portable pneu-

5

matic)

Capstan and turret lathes.

6

Lathes, general.

7

Furnaces, electrical, coke, coal, gas or oil fired excluding

8

cover, muffle rings and stan for titling furnaces.

Forging, power hammers, drops tamps and riveting other

9

than portable handriveters.

Wire drawing and forming, rolling mills (other than jewel-

10

lers), bar reeling and bar turning.

The approprite-

item.

Thread forming, cutting , rolling or milling.

11

Moulding machine and other machinery for foundry use,

12

diecasting 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 Sheet Metal working machinery (other than hand power types) Including shares, punches, presses, benders, brakes, guillotines, plates straighteners and rollers.

15 Automatic bar and chucking machines single and multiple spindle. Gear gutting.

Shaping, slotting and planning.

16 17

Vertical boring, and turning mills, horizontal boring, and jig

18

boring.

Special and standard machines, particularly used in railway

19

workshops, but not otherwise specified

Oxygen cutting, oxy-acetylene generating plant for welding

20

and cutting and electric welding.

Wood-working machinery, other than hand worked or small

21

homecraft types.

22 Lathe chucks, magnetic chucks (electric and non-electric), drill chucks rotary tables, dividing heads, tool post grinders, milling and indexing attachment and machine vices.

SCHEDULE II

(.See clause 3)

OFFICERS COMPETENT TO GRANT JMPORT LICENCES

1 The Chief Controller of Imports and Exports.

2 A Joint Chief Controller of Imports and Exports.

A Deputy Chief Controller of Imports and Exports.

3

A Controller of Imports and Exports.

4

For any goods covered by parts I to VI of Schedule I.

5 An Assistant Controller/Section Officer In the Imports and

Exports Trade Control Organisations,

The Iron and Steel Controller.

6

A Deputy Iron and Stool Controller.

7

An Assistant Iron and Steel Controller.

8

Deputy Assistant Iron and Steel Controller

8-A

8-B Research Officer in the Office of the Iron and Stool Controller.

8-C Accounts Officer in the Office of the Iron and Steel Controller.

For Iron and Steel and Ferro- Alloy licensable by the Iron and Steel Controller in accordance >• with the policy announced by him from time to time.

8-D Assistant Controller of Imports & Exports, New Kandla (In

so far as Kandla Free Trade Zone is concerned).

9 Development Officer (Tools),

10 Deputy Development Officer (Tools licensing).

For machine tools falling un- • der Part VI of 11 Assistant Development Officer (Tools).

Schedule I,

12 Any Officer authorised by the Central Government for any

goods described in Schedule I.

SCHEDULE ID

(Sec clause 4)

APPLICATION FEES

The following fees shall be leviable in respect of the application for an impon licence.

Particulars

Amount of Foe Serial No.

(3)

(2)

0)

Rs. 50/- Where the value of the goods specified in the application docs

1

not exceed Rs. 30,000/-.

Where the value of the goods specified in the application ex-

2

ceeds Rs. 50,000/-.

Rupee one for every one thou- sand or part there- of, subject to a maximum of Rj. 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 thp Kandla Free

Trade Zone; or

(iii) by a registered exporter, under the import policy for reeistered

exporters; and

(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.I.&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 manufac- ture; or

(bb) any application for an import licence from a newspaper esta- blishment 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 Government under a separate head 'Im- port Licence Application Fees', subordinate to the major head 'XXXII Miscellaneous, Social and Developmental Organiza- tions'. The treasury or bank receipt must show the name of the Department 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 licensing period, in the column; 'full particulars' in the Challan form T.R. 6, and must be attached to the application before 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.

(ii) No application will be entertained which is not accompanied by such proof of payment of the fe© 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 Pro- cedure, 1970. 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 duly signed, at the Bank/ Treasury where the fee had been originally paid in.

SCHEDULE IV

(See Clause 12)

1. Notification No. 23-ITC/43, dated the 1st July, 1943, issued by the late 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 the late Ministry of Commerce.

5. Order No. 4/55, 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 late Ministry of Commerce and Industry Order No. 11/60 dated the 1st August, 1960 the Central Government hereby authorises the Joint Chief Controllers of Imports and Exports, the Deputy Chief Controllers of Imports and Ex- ports, the Customs Collectors and the Officers of Customs under the Customs Act, 1962 (52 of 1962), the Iron and Steel Controller, the Deputy Iron and Steel Controller and the Superintendents of Police in the Economic 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 & Exports,

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 clause 10 of the Imports (Control) Order, 1955, the Central Government

hereby constitutes the following authorities for the purpose of hearing appeals against the action taken under clause 8 or 8A of the said Order, namely :

(i) where the action is taken by a Joint Chief Controller of Im- ports and Exports or by a Deputy Chief Controller of Imports and Exports, the Chief Controller of Imports and Exports, New Delhi;

(ii) where the action is taken by an authority other than any autho- rity referred to in item (i), a committee consisting of the Addi- tional Secretary and two Joint Secretaries to the Government of India in the Ministry of Foreign Trade and Supply, New Delhi.

Sd/- A. C. BANERJEE,

Joint Secy.

APPENDIX 3

Vide para 8 (2) of Chapter II

APPLICATION FORMS

FORM (A)

APPLICATION FORM FOR ESTABLISHED IMPORTEKI

1. Name of applicant . . ..

Full Postal Addres* :—

(i) House/shop no. . ..

(ii) Name of street/road

(Hi) Name of locality

(it) Name of State

Telegraphic address

2. Registration no. allotted to Income- tax Verification Certificate or Exemp- tion thereform :—

(0 l.V.C. Registration/Exemption

number valid for the licensing period to which the application pertains

(//) Previous l.V.C. Regn./Exemp-

tion nuraer.

3. Number and date of treasury receipt showirig payment of the requisite fees under the late Commerce and Industry Ministry's Order no. 17/55 dated the 7th December, 1955 as amended from time to time (Treasury receipt to be attached).

4. Licensing period in respect of which

application is made. .

5. Particulars of goods to be furnished as

shown below :—

(/) Description : Full details should be given here or appended to appli- cation. (It is not sufficient to say chemicals, drugs and medicines, hardware, etc., list of specific chemicals, drugs & medicines, etc., desired to be impeded should be given). In case of component or spare parts of nv cheery, type- writers, sewing liuehiix*, radio, etc., names of o\n? desired v> be imported sheulu be specified . (ii) Quantity : Net weigiu, number or any other tiiiii :is the case may be

Hi) Classification under I.T.C. sche- dule, Part & S. No. (This should particularly be completed posi- tion being verified in cases of

APPENDIX 3—contd,

doubt after reference to the I.T.C. licensing authority con- cerned).

(re) Indian Customs tariff no.

(?) Value c.i.f. in rupees .

(W) Country of shipment .

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 . . ..

If licence is claimed on the basis of licence issued in the preceding period and/or quota certificate, give parti- culars of licence or quota certificate as below :—

(1) Licence/quota certificate no. and

date

(2) Description of goods .

(3) 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 fol stock and sale . . . ..

G"n"ral Information to be furnished :—

(a) Date of establishment of business in

India.

(A) Nature of the concern whether Pub- lic or Private Ltd. or Partnership or Proprietary or Hindu Undivided Family concern.

(") Names of Directors, Partners, Pro- prietor or Karta, as the case may be.

(d) Nature of main business of the §P-

pllcant (line or lines In which the applicant is engaged in business to be indicated by 'major heads'" t.g. an applicant engaged in the manu- facture of, or dealing in, cycles, radios, etc., should Indicate cycles, radios, etc. Clear Indication as to whether the applicant is a manu- facturer, wholesaler, retailer, sole agent Indentor or Commission Agent, be given, or any other category should be given.

(#) Details of branches or associated companies (names and locations):—

(0 In India.

MlCCofI&E/70-13

APPENDIX 1—contd.

(") Abroad.

(/) Has any application already been mado by the applicant for gooda falling under the same serial num- ber or sub-item of serial number for tho same period from any country ? If so, give details.

(g) Have any branches or associated companies mentioned in (e) or any of the gentlemen named in (c) applied for an import licence for import of goods falling under the aamo serial number or sub-item of serial number for tho same period ? If so, give details and an affidavit in the form proscribed at Appendix 8 to the book. If tho Head Office has submitted one consolidated application for ono 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.

Whether the constitution or owner- ship or name of the firm has under- gone any change or whether the firm has succeeded to any import quota rights of any other firm as a result of division of quota rights of the latter. If so, men- tion such changes as have occurred since the inception of business or 1st April, 1951, whichever is later, (tho information furnished should indicate the date of change and nature of change).

(0 The Custom House where the import licence, if granted, will be regis- tered.

Full details of the enclosure S. No. Nature of the document

attached with the application 1

(every copy of the document 2

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/ our knowledge and belief. I/Wo fully understand that any licence granted to me/us on tho basis of tho statemstit 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 U found that any of the statements of facts therein are Incorrect or false.

Certified that we, with Head Office at

- from.-.....-.....".-,......

„ _ . „ _ . .. and branches at ..... - have for purposes of import of_._,,_ sotoctod.. „,._ .„... - . .as the common basic year and the quota certificate on whlcl te licence is chiinjd, is based on the previous import In this common basic year.

APPENDIX i-contd.

Certified that we possess/do not possess two quota certificates for Serial Nc./Sub. Serial No. (to be specified) and declare that we have submitted, no ether flprlicaticn for obtaining quota licence.

Signature. _. -

Name in block letters _ „ ..._._

Designation

-....-,

Residential address _ D a t e- „ _ „ - _,

(1) Applicants are advised to read the licensing instructions for the current pcricd carefully before filling the application form for import licence.

(2) information required against the various items in the forms should be given legibly and completed in all details to avoid correspondence and delay in the disposal of applica- tions. The licensing authoritieS|have discretion to reject an application if the ssrr.e is not complete in all respects.

(3) A separate application should be made for each article under each Part and 'Serial number of the I.T.C. Schedule and not one application for two or more items falling under different Parts and Serial Numbers of the schedule.

(4) Wherefan application iafmade for a licence for goods required sgoinst an order from the Director General; of Supplies and Disposals or from Government Railways the words "ESTABLISHED IMPORTERS' at the head of the form should be replaced by the words D.G. Supplies and Disposals •CONTRACTS' or 'RAILWAYS CONTRACTS' (as the case may be).

(5) Documentary evidence as asked for should be sent alongwith the application.

(6) Any special reason In support of the application may, if necessary, be explained in a covering letter, attached to the application,

(7) Application should be signed by the Proprietor, Partner or Managing Director of the firm or by any person duly authorised to sign such application on behalf of the- flrm. The position held by the person signing the application should be clearly stated,

(8) Any applicant supplying false or incorrect information may be liable to bave hi& licence cancelled and In addition may be debarred from the grant of any iirport licence in future.

FORM (B)

FORM OF AFPLICAT1ON FOR IMPORT OF OOOPS (OTHER THAN THOSE FALLING UNDER THE C . G. LICENSING PROCEDURE) BY ACTUAL USERS WHO ARE NOT BORNE ON TNE BOOKS OR THB DIRECTOR ATB GENERAL OF TECHNICAL DEVELOPMENT.

PARTI

(To bo filled In by the applicant for use in the licensing Office)

A. Particulars of applicant

1. Name of the applicant

2. Full Postal address :—

(/) House/shop no. . ..

(tf) Name of street/road .

(W) Name of locality and city .

(to) Name of State

APPENDIX 3—contd.

3. Telegraphic address

4, Address of location of factory .

B. Particulars of application :—'

1. Registration ao. allotted to Income- Tax Verification Certificate or Ex- emption thereftom :—

(0 I.V.C. Registration / Exemption number valid for the licensing period to which the application pertains

(U) Previous I.V.C. Registration/Ex-

emption number

2. Treasury receipt no, and date (Trea- sury receipt to be attached In original)

3. Licensing period In respect of which application is made . . ..

4. 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 . . ..

3. Is a letter of authority desired 1 If so. name of the firm In [whose favour H Is desired

C. General Information to be furnished

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.

prletor or Karta as the case may be

4. Details of branches or associated com-

panies (name and location)

(0 In India

(") Abroad . . . ..

3. 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

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

[PABT I - S B C. 1] THE GAZETTE OF INPIAEXTRACRDINABV J 0 3 g >l

APPENDIX 3—eontd.

falling under the same serial number or sub-item of serial number or the same period ?

7. Is any branch /associate concern of applicant holding an established im- porter quota for particular 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 with the application (every copy of the document should be marked as 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. (f) Name of the industry and the purpose for which the raw materials/ components are required ,

(//) Whether engaged in priority industry or an industry other than priority .

(///) If engaged in a priority industry, indicate the S, No. of the industry as given in the list of priority indus- tries

2. Description of goods manufactured.

3. Production Capacity.

4. Actual production in the preceding two

years

5. Estimated production in ensuing year.

<5. Capital investment :

(0 Machinery and equipment (details

of machinery to be attached).

(It) Land and buildings or rent of premises . . . ..

7. Registration No. allotted by the State Director of Industries . . ..

8. Particulars of raw materials/compo- nents and spare parts to bo imported :—

Quantity/Number Value (ci.f.) Item andl.T.C. S. No.

APPENDIX 1—contd.

9. Particulars of licences/release advices issued and imports effected/allocated through STC/MMTC during the last three periods :—

Licensing No. and date

period and value

Description of goods.

Value (elf.), of goods imported/ allocated through STC/MMTC

of licence/ release advice

(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 tho commencement of the period i.e., on 1st April :—

(/) Imported

(11) Alternate source* . t

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 granted, the goods will bo utilised only for consumption as raw materials/components or accessories in our factory and that no "" portion thereof will be sold to or permitted to bs used by anyjothor party.

APPENDK l^contd,

(2) I/We hereby declare, that the above statements are true and correct to the best of my/our knowledge and belief. I/Wc fully understand that any licence panted 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 case If it is found that any of the statements of fact! therein are incorrect or false.

Signature „.._ _

Date : Name in Block Letters „. _ „

Designation „. _ _

Residential Address „ —.

PART III

(To be filled in by the sponsoring authority in duplicate).

1. Particulars of goods recommended :

Requirements in value

End use

Requirements in quantity/ Number as per (c.i.f.)aspcr

Value (c.i.f.) recommend-

Quantity/ Number re- commended for import

ItemA ITC Serial No.

installed capacity

installed capacity

ed for import

(3)

(4)

(5)

(2)

0)

(a) Whether the applicant is a new or

2.

existing unit.

(b) If new unit, whether the Industry is included in the list of banned industries.

3. (a) Whether the Items recommended are licensable in consultation with D.G.T.D./D.C. (S.S.I.) or any other technical authority.

(b) If so, whother the clearance from the concerned technical authority has been obtained. (The No. and date of the reference of the technical authority may be given).

•4. In the case of items available indige- nously whether the applicant has produced evidence to show that in- digenous manufacturcr(s) are unable to supply.

5. In the case of items which are being imported by STC whether the STC have expressed their inability to supply the material (The no. and date of their letter may be quoted).

Signature of sponsoring authority.

APPENDIX 3—contd.

•This column should be filled in only wherever necessary in terms of the import policy in fore.

Nom t—

(1) Applicants are advised to read the licensing instructions for the current period carefully before filling up the Application form for Import Licence.

(2 ) Information required against the various items In the form should bo given legibly and completed in all details to avoid correspondence and delay in the dis- posal of applications. The licensing authority have discretion to reject ap- plication if the application is not complete in all respects.

REGIONAL AREAS FOR PURPOSES OF ACTUAL USERS' LICENCES

AREA *A*

(Applications to be made to the Joint Chief Controller of Imports and Exports Calcutta). State where factory is located.

Bihar,

Orissa,

West Bengal,

Tripura,

Andaman and Nicobar Islands,

AREA 'B*

Maharashtra,

Madhjra Pradesh.

A R B A 'C

(Applications to be made to the Joint Chief Controller of Imports and Exports (Madras). State whore factory is located.

Tamil Nadu

A R B A ' D'

Applications to be made to the Deputy Chief Controller of Imports and Exports, Ernakulam). State where factory is located.

Kerala State, Laccadive, Mlnicoy and Amindivi Islands.

AREA 'Ef

(Applications to be made to the Joint Chief Controller of Imports, Central Licensing Area, New Delhi)—

Delhi

Himachal Pradesh.

Punjab.

Rajasihan.

Haryana.

Chandigarh.

APPENDDC 3—contd.

AREA 'F1

(Applications to bo made to the Controller of Imports and Exports, Rajkot)—

Those districts of Gujarat State which were formerly known as Saurashtra.

A B E A ' G'

(Applications to bo made to the Controller of Imports and Exports, New Kandla)—

Kutch of Gujarat State and New Kandla including Kandla Free Trade Zone.

AREA'H'

(Applications to be made to the Controller of Imports and Exports, Visakhapatnam)— Andhra Pradesh districts of Godawari East and West Visakhapatnain and Srikakulam.

AREA T

(Applications to be made to the Controller of Imports and Exports, Pondicherry)—

Former French Establishments in India.

AKBA T

(Applications to be made to the Controller of Imports and Exports, Shillong Assam.

Manlpur.

N.E.F.A.

Nagaland.

AREA'K*

(Applications to be made to the Controller of Imports and Exports, Bengalore)—

Mysore.

(Applications to bo made to the Daputy Chief Controller of Imports and Export*, Paiyinm, Goa}—

Goa, Daman and Dlu, Dadra and Nagar Haveli.

(Applications to be made to [the Controller of Imports and Exports, Srinagar)—

Jammu and Kashmir.

AREA 'N*

(Applications to be made to Jthe Deputy Chief Controller of Imports and Exporti, Kanpur. Uttar Pradesh.

AREA'O*

(Applications to be made to the Dy. Chief Controller of Imports and Exporti, Hyderabad).

Andhra Pradesh excluding the districts of Godawari East and West, Visakhapatnam and Srikakulam.

A R E A ' P'

(Applications to be made to the Dy. Chief Controller of Imports and Export*, Ahmodabad).

Gujarat Stato excluding Kutch and those districts of Gujarat State which were formerly known as Saurashtra.

APPENDIX 3—contd.

FORM (C)

Licensing Period... „. _ _ _ _ _ _ _ __

Code No

„„

FORM OF APPLICATION FOR IMPORT OF RAW-MATERIALS, COMPONENTS AND SPAM

PARTS FOR CERTAIN SPECIFIED INDUSTRIES AS WELL AE OTHER INDUSTRIAL UNIT!

BORNE ON THE UST OF TEE DIRECTORATE GENERAL OF TECHNICAL DEVELOP-

MENT.

{This application should be submitted to the Chief Controller of Imports and Export! through the Directorate General of Technical Development. Only two copies should be submitted of which one will be retained by ihc 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 (oiher then itiose falling under the Capital Goods Licensing Procedure) vide Government of India, lftc MiriMiv of Ccmmerce •lid Industry Order No. 17/55, dated 7th December. 1955, as rmended.

A. Particulars of Applicant

1. Name of the applicant

2. Full Postal Address :—

(0 House/Shop no. ,

(fl) Name of Street/Road .

(fit) Name of Locality .

(tv) Name of State .

3. Telegraphic addreli .

4. Address of location of factory

B. Particulars regarding Industrial Unit

I.(a) Name of the Industry

1.(6) Name of product and the exact purpose for which the raw-ma- terial is required (preferably the function served by the raw-mate- rial in the manufacture of the product should be explained).

2. Description of goods manufactured

3. Production capacity separately for each store for which different raw materials are desired to be imported.

4. (f> Actual production In the last

calendar year.

NOTE : If there was stoppage of production for any period, indicate the duration of the period and the reasons therefor.

(ft) In the case of undertakings uti- lizing non-ferrous metals as raw-materials, indicate portion of the actual production men- tioned against (i) above if any.

APPENDIX 3—eonut.

achieved through assistance of rawjjmateriala/foreign ex- change received from sources other than D.G.T.D.

5. Estimated production in the next

calendar year.

6. In the case of industrial undertakings intending to go into production for the first timo or in the CMO of an existing Industrial undertaking in- tending to go into substantial ex- pansion of the production of existing articles of manufacture, indicate :

(/) Value of (a) Imported plant and machinery required. (b) Indigenous plant and machinery required. {") Value of letter of credit, if any opened for the import of plant and machinery and the date thereof.

(Hi) Value of orders placed If any, for the purchase of indigenous plant and machinery.

(iv) 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 Particulars of Applications

1. Registration no. allotted to Income- tax Verification Certificate or Exemp- tion therefrom :—

(0 I.V.C. Registration/Exemption Number valid for the licensing period to which the application pertains :

(") Previous I.V.C. Registration/

Exemption Number :

2. Treasury receipt no. and date (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 in tabular form enclosed).

5. Particulars of licences issued and Im- ports effected during the last three years.

APPENDIX 3—eon$d.

6. Where shipment is to be effected from a country different from the country in which goods originated, full state- ment of the reasons for the same should be given.

7. Is a letter of authority desired? If BO, name of the firm in whose favour it is desired.

D. Spare-parts :—

CIF value of the spare-parts to be imported

and their description.

E. General information to be fUrnished

l.TOate of establishment of business in

India.

2. Nature of the concern whether Public or Private Ltd., Partnership or Pro- prietary or Hindu undivided family concern.

3. Names of Directors, Partners, Proprietor

or Karta as the case may be.

4. Details of branches or associated com-

panies (names and location) :

(0 In India

(ft) Abroad

5. Has any application been already made by the applicant for goods falling under the same serial number or sub-item of aerial number for the same Period from any country in any category? If so, give details. . . ..

6. Have any branches or associated 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? If so, give details.

7. Is any Branch/Associate concern of applicant holding a quota certificate/ E.I. licence for particular Item/items covered by this'f application ? If Ko, details of such quota certificates/Es- tablished Importer's licence may be given.

8. Please state whether your industrial undertaking is registered or licensed under tbe Industries (Development and Regulation) Act, 1951. If so, quote the number and date of regis- tration certificate or the licence Issued by late Ministry of Commerce and Industry and also indicate the name of scheduled industry.

APPENDIX Z~contd.

9, The Customs House where the im- port licence, if granted will be registered.

10. Full details of the enclosures attached with the application (every copy of the document should bo marked as a true copy and signed beneath by the appli- cant).

11. Are you a member of the Indian Stan.

dards Institution 7

12. Name of the sponsoring Directorate

in the D.G.T.D.

(!) I/We hereby declare that the goods for tho import of which the application hai been made are not meant for use in the manufacture of new articles for which a liconco nas not been obtained under Industries (Development and Regulations) Act, 1951.

(2) I/We hereby declare that if this licence is granted the poods 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 tho above statements are true and correct to the best of my/our knowledge and belief. T/We fully understand that the licence granted to me/us on tne basis of the statements furnished la 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.

Date_ _ „ _ Signature.- _

Name in block letters

Designation

Residential address

NOTE

<1) Applicant! are advised to read the licensing Instructions for the current period care fully before filling up the application form for import licence.

<2) The information required against 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 [f asked for should be sent along with the application.

(41 Any special reason! in support of the application may, if necessary, be explained In a covering letter attached to the application.

(5) Application should be signed by the Proprietor, Partner or Managing Director of tho flrm or by any person duly authorised to sign any legal declaration on behalf of the •rra. Th" position held by the persons signing the application should be clearly stated.

<6) Any anplicint supplying falso or incorrect information may be liable to have his licenc* oancellod and in addition may be debarred from the grant of any Import licence la future.

APPENDIX 3—contd.

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Signature

Name in Block Letters- _„ „ _-

Designation - „„ - —

Residential address - _. _ _ _ _. —

Form (D)

APPLICATION FORM FOR NEW COMERS

Deleted

FORM 'E*

Code Number _ (In the case of industrial' undertakings borne on the list of D.G.T.D.).

Form of application for import of Capital Goods and Heavy Electrical Plant.

The application ihould be sent in duplicate lo :—

I. Joint Chief Controller of Imports & Ex- For all textile machinery other than jute

porttKCapital Goods), Bombay. and htmr machinery.

APPENDIX l~comd.

2, Joint Chief Controllor of Imports & Ex- For all jute and hemp textile machinery ports (Capital Goods). Calcutta, and machinery for coal mining and "•

Industry.

3. Chief Controller of Imports & Exports For other Capital Goodi,

(Capital Goods), New Delhi.

(Applications from unlts^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).

Chief Controller of Imports and Ex- For Heavy Electrical Plant, ports (H.E.P.) New Delhi.

(The applications should be sent through the C.W. & P.C. (Power Wing) Government of India, Bikaner House, Shahjahan Road, New 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

(i House/shop no. (ii Name of street/road, (iii Name of locality, (iv Name of State.

(c),Telegraphic address.

2. (i) Nature of the concern, whether

Proprietory/Partnership/Privato Limited/Public Limited,

(ii) Name(s) of the Proprietor/Partners/

Directors.

(ili) Whether the concern belongs to or is controlled by any of the "larger industrial houses" in tenrtf of Go- vernment of India Notification No. S. O. IDRA/29B/70/1, dated 19th February, 1970 and if ao.whioh. (Iv) Whether the concern is a dominant undertaking in terms of Monopolies and Restrictive Trade Practices Act. 1969.

(v) Whether the concern is a foreign company or a Branch or subsidiary of a foreign company.

3. (I) Name and location of the industrial undertaking for which capital goods are required.

(ii) Place where the goods are to be

installed/used.

4. Registration number allotted to Income Tax Verification Certificate or exemp- tion therefrom by the licensing autho. ritiOB:—

APPENDIX 3—contd.

(1) I.V.C. Registration/Exemption number valid for the licensing period to which the application pertains :

(ii) Previous I.V.C. Registration/

Exemption number :

3. 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 capi- tal goods other than machine tools and the other for machine-tools, giving the following particulars should be furnished) :—

(i) Serial no.

(H) Description of oapital goods/ machine tools with full specifi- cations. As far as possible manu- facturers' illustrated descriptive pamphlets giving detailed specifi- cations should be furnished.

(iii) Quantities.

(iv) Manufacturers' name and ad-

dress.

(v) Suppliers' name and address, (vi) Country/Countries of origin (In-

ordcr of preference), and ship- ment respectively.

(vli) Manner of financing the imports. (viii) c.l.f. 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),

(lx) (a) For machine goods—code number as appearing in the code book, "Classification Machine-Tools Types",

(b) 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 of 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/

APPENDIX 3—contd.

modernisation or for improvement in the quality of the products without involving substantial expansion; if so :—

(i) What is the capacity of the existing plant and what will be the capacity after these addi- tions?

(ji) 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 material; if so, give the des- cription of the raw-materials, annual requirements and the approximate c.i.f. value.

(c) (i) New undertakings or substan- tial expansion of the existing under- takings or manufacture of new arti- cles by units requiring a licence under the Industries (Development & Regulation) Act; if so—

(ii) Indicate tho number and date of the Industrial Licence/Letter of Intent issued under the Industries (Development & Regulation) Act, 1951 or the number and date of the communication in which the appro- val of the sponsoring authority has been given, with details of the capacity permitted for each article covered by the Industrial Licence /Letter of Intent/approval of spon- soring authority,

(iii) What was the requirement of the foreign exchange for importing plant and equipment indicated in the application for the industrial licence or in the application for obtaining the approval of the spon- soring authority and if that value is different from tho one given in this application, give reasons therefor?

(d) New undertakings or substantial expansion of the existing under- takings for the manufacture of new articles by units exempted from obtaining a licence under the Indus- tries (Development & Regulation) Act, in terms of Government Noti- fications No, S. O. IDRA/29B/70/1 dated tho 19th February, 1970, and No. S. O. IDRA/29B/7O/3 dated the the 28th February, 1970. If so :

(i) indicate the total investment for the new project/expansion pro- gramme as a whole and the total requirement of foreign exchange for the import of plant an equipment for the project/expansion programme;

APPENDIX 3—corttd.

(//) If an expansion programme,

indicate the total existing Invest- ment and the value of imported plant and equipment already in position/capital goods already ordered against import licences in hand/balance value of capital goods ilicences held (for which orders are yet to be placed);

(111) indicate the annual requirement of total imported raw materials with details of quan- tity/value of principal items. (It should be indicated separately, whether imports of components art also required, and if so, the phased requirements). Please also indicate the total ex- factory value of the goods to be produced when the scheme is implemented.

(") End-product or products for the manufacture of which the machi- nery ij sought to be imported.

•€. Do the goods covered by this applica-

tion form a complete order or only an Instalment? If the latter, state :

(a) the extent of the instalment.

(A) tho extent of the full order. (c) the date of any connected appli- cation for import licence, and no, and date of any licence issued.

9 (a) Dates by which orders on foreign suppliers are expected to be placed, and expected delivery periods for different items.

(b) Expected date(s) by which the imported equipment is planned to be installed (indicate phased ins- tallation dates of different items proposed to be imported).

10, Will the goods covered by this application ensure the production of all the articles •pecrfled to the Industrial Licence/ Letter of intent/approval of the spon- •oiing authority, if not,

(e) Indicate the articles covered and the production likely to be achiev- ed in respect of these articles with the equipment proposed to be imported.

(b) The total value of plant and equip- ment which would be required to be imported to cover the full pro- duction capacity permitted by the industrial licence.

APPENDIX 3—contd.

11. Is any issue of capital involved for the purpose of importation of these goods? If so, has the consent of Government been obtained and In the name of what company? Also state what are the amounts of tho present capital and the proposed expanded capital 7

12. Is the importation of goods to be made against any foreign share capital? If so, furnish evidence to show that the terms and conditions of foreign collabo- ration have been approved by the Go- vernment of India ?

13. Have you made enquiries from all indi- genous suppliers of items included in the application, mentioned in the D.G. T.D.'s published list of suppliers of items 7

Note : Copies of correspondence with sup- pliers to be enclosed. Where no replies nave been received within one month, this fact may also be mentioned.

14. (i )Have you followed the advertise- ment procedure, laid down in para 137 of the I.T.C. Hand Book of Rules & Procedure, if applicable in your case? (Attach 2 copies of the advertisement).

(il) Give the number of the advertise- ment and the issue no./period of the Indian Trade Journal in which it appears.

(iii) State whether response has been received to the advertisement. If so, attach a tabular statement of the responses received.

15. Whether the machinery to be imported

is—

(a) second-hand and reconditioned, or

(6) New. If (a) above, then a certificate from the suppliers or a firm of consulting Engi- neers should always be furnished to indicate the age of machinery, its pre- sent condition and probable unexpired life.

16. Applications 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;

(ii) Date(s) by which the stores are required to be in position} or on site and whether any stagger- ing is possible;

APPENDIX 1—contd.,.

(iii) Data of advertising the public ten.

ders;

(iv) Details of prices and deliveries offered by the indigenous manu- facturers and also by the impor- ters;

(v) Details of orders placed on Indi-

genous manufacturers; and

(vl) Ground on Which Imports are

asked for.

17. The Customs House where the import

licence, if granted, will be registered,

18. Full details of the enclosures attached with the application. Every copy of the document should bo marked as a true copy and signed beneath by the appli- cant.

(ft I/Wo horeby declare that the above statements are true and correct to the bast of my/our knowledge and belief. I/We fully understand that any licence granted to me/us on tho basis of the statements furnished is liable to cancellation in addition to any otnot penalty that the Government may Impose having retard to the circumstancjs of the caw if it it found that any of the statement of facts therein are incorrect and false,

(//) I(Wo hereby declare that the goods for Import of whioh the application has bean made shall be used only for the manufacture of— ......- ._ ... ...-..-.-.-. — — (name of end produot/s) and for the capacity licensed under the Industries (Development *nd Regulation) Act, 1951 or approved by Government.

Signature... ...... — — — —. — —

Name in Block Letter* —

Designation ._ _ ^. ~ -. - — — —

Residential Address „ „ —

Date- „

(1) Applicants are advised to read the licensing instruction for the current period carefully before filling up the application form for Import licence,

(2) The information required against the various items in the form should be given legibly and completely 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 in a covering letter attached to the application.

(5) Application should be signed by the proprietor, partner or managing director* of the firm or by any person duly authorised to sign any legal declaration on behalf of the concern. The position held by the person signing the application should bo clearly stated.

(6) Any applicant supplying faho or incorrect information may be liable to have hit Uoonce cancelled and in addition may be debarred from the grant of an imnort licence In future.

APPENDDC 3—eantd.

"E" FORM APPLICATION (PART II)

(To be submitted in quadruplicate alongwilb four copies of application in " E" Form, for import of Capita] goods by exporter —manufacturers).

1. Name and full address of the exporter-

manufacturer.

2. Nomenclature of products manu- factured indicating tho products being exported.

3. Quantity and value of production of each of the products manufactured for the last three financial years : 1967- 68, 1968-69, 1969-70 till to date, if possible; otherwise two monrhs be- fore, the date of the application (in computing the value of 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 prodiicl-wise, for the period as at (i) above (indicating also the coun- tries to which exported. A state- ment of export in terms of quantity and f.o.b. value made, certified by the concerned Export Promotion Coun- cil/Commodity Boards should be enclosed).

5. Description, quantity and the c.i.f. value of the capital goods sought to be im- ported (Seven lists of goods to be attached) showing the c.i.f. valuo in Indian rupees against each item and names of countries from where each of the items is proposed to be imported.

6. Preferred sources of supply of capital goods in order of preference indicating values in Indian rupees.

7. Original proforma Invoice and Cata- logues/Literature of the equipments. Whether the exporter-manufacturer is a registered exporter (give details of registration number and date and the authority with whom registered) and/or a momber of an Export Pro- motion Council. . . ..

8. Registration No. with DOTD/Dircc- torate of Industries/Textile Com- missioner. . . . ..

Whether the registered exporter- manufacturer holds a licence under the Industries (D & R) Act for the products currently manufactured, (if no details to be given); and whether the capital goods being applied for would result in an expansion of capacity or involve production of new articles, and steps aro taken to have the neces- sary expansion or diversification licen- ce. Industrial licence should be

APPENDIX i—contd.

quoted, indicating the item of manu- facture for which the Industrial Licence was issued and also whether the Indus- trial Licence is still valid; and if so, up to what date.

10. Whether any export obligation was imposed in the Industrial Licence; if so, a copy of the Government ap- proval should be enclosed.)

11. Whether the present application is connected with any foreign colla- boration; if so, whether any export obligation was imposed

12. Whether you have any un-fulfilled export obligation; if so, details should bo furnished

13. Whether you have any unutilised Im- port licence; if so, full details should be furnished. . . . ..

14. Treasury chalan No. and date. ,

15. Whether the C O. applied for, will lead to any expansion of capacity; if so, to what extent. . . ..

16. The value of your investment in the

existing machinery.

17. Whether the present application is

for :—

(a) New scheme . . ..

(6) To complete a scheme on which substantial progress has been made. . . . ..

(c) Expansion 00 Balancing <") Diversification . . .. (/) Replacement . . .. (g) Modernisation. (A) Testing (0 Quality Control . . ..

18. Whether advertisement procedure laid down in para 137 of I. T. C. Hand- book of Rules and Procedure 1970 has been compliod with. The result of the advertisement should be in- dicated.

19. If the applicant is a Small Scale Unit, whether it will continue to remain so after the proposed import (a) Present total assets. (jb) Total assets after import of

Capital goods applied for. .

(c) Value of the total equipment at present and the value of the equip- ment after import of Capital goods asked for. • . .

APPENDIX 3—contd.

PARTUI

(To be filled in by the sponsoring authority)

1. Address and location of the factory.

2. Registration number allotted by the sponsoring authority or number and date of licence issued under Industries (D.&R.) Act. 1951.

3. Existing or proposed block capital Existin% proposed Total,

investment in Rupees in the shape of Rs Ra. Ri. machinery and equipment.

4. Items proposed to be manufactured

with the machinery to be imported,

5. Sanctioned manufacturing capacity per annum and details of articles pro- duced during the past three years indicating quantity and value separately.

6. Details of estimated production, ca-

pacity, weight, number, etc.

7. Whether the proposed machinery is required for setting up of new units, modernisation, improvement, balan- cing, replacement or oxpanslon of capacity. If for replacement, the date of import/ purchase of the enist- ing machinery may be indicated. (In the case of S. S. I. units, the applicant has to furnish a certificate from the S.I.S.I. of the State concerned as pro- vided in para 131 (6) in Chapter VI of the Hand Book of Rules and Pro- cedure. The sponsoring authority may ensure that the required certi- ficate accompanies tho application).

8. Raw materials required in the pro- duction and sources from where these are proposed to be procured. In case of imported raw materials, quantity and value of annual requirements may be indicated.

9. Details of machinery recommended for import (with one copy of the de- tailed list of equipment attested and stamped pagewiso).

Description of tho machinery and equipment

s.

Quantity of each item.

C.I.F. value in rupee* No.

10. Indicate whether the applicant is will- ing to undertake the export of the pro- ducts already manufactured or pro- posed to be manufactured by him. If so, quantity und value of estimated exports per annum may be indicated.

APPENDIX 3—eontd.

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 difficulty In obtaining machinery and equipment the import of which is now recommended.

Date]

(Signature and designation of sponsoring authority with stamp of office)

FORM (F)

APPLICATION TOR ESTABLISHMENT OF QUOTA* on

REVISION OF QUOTAS

1. Name of the firm . . ..

Full Postal Address:

(i) House/Shop N o. . ..

(ii) Name of Street/Road (ill) Name of Locality (iv) Name of State . . ..

2. Description of goods

3/£Serial No. and Part of the I. T. C.

Schedule.

4. Quota certificate no. and date held on any one or both the currency Areas, e.g., S.C.A. and G.C.A. (Quota certificate sought to bo re- vised to be enclosed. If no Quota certificate is held in any of the areas, this should be indicated.)

Particulars of Quota certificate held :—

Q. C. No., and date S. no. and Part no. Basic year Currency Area Value.

3. If no quota certificate is held, or if the old quota certificate is sought to be revised, furnish details of past imports in the basic year as the case may be, in the form enclosed along with relevant documents. A cer- tified copy of each of the documents duly signed should also be furnished.

•6. General information to be furnished: . (a) Date of establishment of busi-

ness in India

(b) Natuvo of the concern, whether Public or Private Ltd., or Part- nership or Proprietory or Hindu Undivided Family con- cern. . , . .

(c) Name of Directors, Partners,

Proprietors or Karta ,

<<0 Details of branches or associated companies in India (names and locations). Furnish name of the Bank in which you have a Bank account together with the number of accounts, if any . . ..

APPENDIX l—coMd.

(") Has 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 named in (c) applied for fixation of quotas for goods falling under the same Serial No. or sub-item of the Serial No. If so, givo details and the basic year chosen. Also dec- lare that a common basic year has been chosen.

ig) Whether the firm or its Branches or its associated concerns are in receipt of any import licence for the some or similar items as Actual users and if so, particulars of such licences should be furnished.

(A) Mention the changes in the cons- titution/name of the concern since inception or Ist April, 1951 whichever is later in the statement below:—

Data of change Brief nature of

change

No. and date of communication sanctioning transfer of quota*

7. Reasons to prove the necessity for establishment or refixation of quotas. (If necessary this information may be given in e separate statement)

3. No. Nature of the document!.

8. Full 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 fo the best of my/our knowledge and belief, I/Wo fully understand that any quota certificate granted to mo/U9 on tha b'-iais of the statement furnished is liable to cancellation in addition to any othor penalty th it tho Government miy impose having regard to the circumstances of the case, if It is found that any of the statement or facts therein are incorrect or fahie.

(ii) I/We posjess/do not possess two quota certificate for Serial nurnber/sub-serial nutnbar (to be specified) and declare that T/Wo have submitted no other application for ob- taining quota certificates for the same serial Numbor/Sub-Serial number previously.

Station

Date

Signature " . ...., .. „ _ Name in Block Letters.., ... ,._ „ „ Designation....- .„... „ „ „ _ „ „„ ". _ _ Residential Address — ~ " _ . . . _ _ " . __

APPENDIX 3—contd.

A N N E X U RE TO THE APPLICATION FOR ESTABLISHMENT OF

FRESH QUOTAS OR REVISION OF QUOTAS

STATEMENT OF PREVIOUS IMPORTS

Country

Particulars of Bills of Entry

No. and date, etc.

Detailed

parti-

culars

of rele-

Name of

steamer

by which

imported

and the

port of

entry

Detailed

descrip-

tion of

goods (as

shown hi

the Bills

of Entry)

imported.

0) Bill of Entry Cash

mo. and (duty paid)

date in respect of

Home Consumption

Bill of Entry.

(") I. D. F. no. and

date in the case of

duty free articles.

Hi) Bond no. and date

whence

consigned

as shown

in the

Bill of

Entry, or

place of

despatch

in respect

of imports

by post

C. I. F.

value of

the items

applied

for as sh-

own in

the in-

voice and

accepted

by the

custom)

(Rupees).

in respect of bonded

iood" (ex-bond green

bills of entry not to

be taken into account)

(Iv) Post parcel 'B' no.

and dfttt of importa-

tion.

vant

licence

against

which

imports

wer*

effected.

Category*

licenc*

no. A

dat*.

value,

Sr, no.

El/ Adhoe

etc.

(•) (b)

No. of Data of

docmawntt importation

5

6

7

3

4

1 2

I/We lolemnly declare the above statement to be true and correct to the best of my/

•mr knowledge and that it does not include imports specified at items (a) to (j) of the note

IMIOW and the imports short landed short supplied or lost in transit.

Signature

Name in Block Letter*

Designation

Residential Address

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 warn- ing.

(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, or of Defence Organizations.

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

(g) Imports made under ad-hoc licences (other than those ad-hoc licences which were issued for import 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 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 calcu- lation of quota only in respect of S. No. 36/n, S. No. 4/TII 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 pro- motion schemes, avocation schemes or under the import policy for registered exporters.

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

(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.

403/314 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SBC. I)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 pro- vided to established importers or others.

(t) Any other imports which do not qualify for quota under import policy in force.

FORM 'G'

FORM OF APPLICATION FOR REVALIDATION OF LICENCES

PAKT A

1. Names and full address of the licensee .

3. Licence no., date * value . . .

3. File no. of the licensing authority from

which the licence was Issued,

4. Description of goods . . ..

5. Value for which goods have been shipped

during the Initial period of validity in-

cluding period of revalidation already

availed of, if any . . ..

6. Value for which Irrevocable commitment

has beeD made during the Initial period

of validity including period of revalida-

tion already availed of, if any. (Sup-

porting documentary evidence ihould

be furnished)

7. Whether first or second or lubiequent

request, for revalidation (in tho case of

second or subsequent requests, the

period of revaluation availed of earlier

should be indicated)

t. Reasons for seeking revalidation (tup-

porting documents to be furnished) .

9. Period of revalidation applied f o r. •

10. list of enclosures . . ..

(Signature with full name)

h) Designation , _

Place] Relationship

Date

Full addreM _

APPENDIX %—contd.

PART B

Recommendations of the sponsoring authority

PART C

Action in the licensing Offlct

FORM fH*

Transferred to Appendix 4

APPENDIX 3—cmtd.

I

Application form for Established Importers (Repeat Licensing Schemes) Deleted.

APPENDIX 2—contd.

FORM CD

Form of application for a lictnetfor Import of Newsprint

for publishing tf*y/spaptrt\P"riodlcait

PART I

(To bt filled In by the applicant for uio In tht lic"niini Office

A.' Particular* of the applicant

1. Name of the applicant 2. Full Postal Address:— ii) House/Shop No. (it) Name of street/Road . . (Ill) Name of locality and city . "v) Nome of State . . .. 3. Telegraphic Address . . ..

B. Particulars of application :

1. Registration NO. allotted to Incom*

tax Verification certificate or Ex emptions therefrom :—

(0 I.V.C. Registration/Exemption Num- ber valid for the licensing period to ^which the application pertains

(fl) Previous I.V.C. Registration/Exemp-

tion number

2. Treasury receipt 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 are 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. Is a letter of authority desired? If so, name of the firm in whose favour it is desired

General information to be furnished :

1. Date of establishment of business

in India

2. Nature of the concern, whether Pub- lic Company or Private Company, Partnenhlp or Hindu undivided family concern

.3. Names of all the Directors, Partners, Proprietor or Karta, as the case may be, with their addresses .

-4. Details of branches or associated companies (name and loca- tion):— (0 In India (II) Abroad

5. Has any application been already made by the applicant for goods falling under the same S. No. or Bub-item of Serial No. for the same period from any country in any category ? If so, give details

APPENDIX l—contd.

6.  Have  any  branches  or  associate  com-
   panies  mentioned  in  (4)  or  any  of
   gentlemen     named  in  (3)  applied
   for  an  import  licence  for  import  of
   goods  falling  under  the  same  serial
   number  for  the same period ?  .
7.  Is  any branch/associate   concern  of
   applicant   holding   an    Established
  importer   quota   for  particular  item/
   items  covered  by  this   application?
   If  so, 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  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)       .   .    ..
                                         PART  II
(To be filled in by the applicant  for use by the sponsoring  authority)
1.  Title of   the   newspaper/periodical
   and   the   date   from   which    it  is
   regularly  published
2.  Area  of  the  page   of   newspaper/
   periodical  (in  sq. inches/sq. cms.)  dur-
   ing  1957  or  the first year  of  publica-
   tion   and    also    during  previous
   licensing period         .    .   ..
3.  Average  number  of  pages  per  issue,
   including     supplements,       during
   1957,   or  the  first  year of  publica-
   tion   and    also   during    previous
   licensing period                 .  —
4.  Periodicity  of  issue  and  language  of
   the    newspapers/periodicals       and
   whether    it  has   been   in   regular
   publication   during   the  last calen-
   dar    year    Indicating   the  actual
   number  of days of publication  .
 5.  Average  circulation  per  publishing
   day  during  the period  April 1961—
    March    1962,  Indicating   the  paid
   and    free  (including     complimen-
   tary,   voucher,    exchange,    bonus,
    sample   and   office   copies    only)
   circulation,      separately.    Copies
    representing   unsold    returns   and
    other   copies   which   might    have
    been    printed,   but  not    actually
    sold  or  distributed  free  as compli-
    mentary,  voucher  copies,  etc. should
    not   be  Included  in   the   circula-
    tion    statement      but      shown
    separately.  The    number  of  copies

distributed free, unsold returns or any •thcr copies printed but neither sold nor distributed free would be taken Into •onidcration for purposes of allotment •f newiprint, provided these represent a MMootble percentage of the print or- d"r. The circulation along with size ••d pages should be certified by a Char- Mwd Accountant where it exceeds 2,000 •opiM per publishing da; .

*•. tanpk copy of an issue bearing the 4"M of Ist April, (current year) or the 4M" newest to it, should also be sent .

7. WkMW the newspaper/periodical is re- •wtcred with the Registrar of Newspa- per* for India imd, if so, the registration number allotted . . ..

S. The total quantity of newsprint (imported •ad indigenous to bo shown separately) •Hotted and coasumed during previous licensing period. In case an applicant consumed more newsprint than what lud been allotted the period men- tioned abovo, for source (s) from which the additional quantities were procured should alto bi indicated .

si. Details whether the newspaper/periodical it printed on rotary or flat-bed press or any other type of printing machinery, and . . • •„.

10. Particulars of newsprint to be imported.

.(tea and

Quantity Value (ci.f.)

ITC S.No.

11. Particulirs of licences issued and imports effected during the last three period^.

LiMMimi Period No. and date and value Value (c.i.f.) of Description of goods

of licence imported goods Imported

12. Stocks Expected arrivals against LioenoM,

c.i.f. allocations, Nepa and Printing & Writing paper

— —• • • • • authorisation

Total Against current year quota, if any

Against previous licensing entitle-

Against previous lic"Mngy"*r entttitMnt.

ment

Against current year expected entitlement

M 1 CC of IAE/70—14

(0 Imported :

(a) Glazed

(b) Unglazed . . ..

(W) Nepa newsprint . . ..

(/tt) Printing & writing paper

Period for which stock and expected

13.

arrivals are to last

14. Consumption of tho Imported news- print during the 12 months

Item Quantity Value

1. I/We hereby declare that if this licence is granted, the goods will be utilised only for printing of the Newspapers/periodicals lor which the same is cpplied for and no portion thereof will be sold to or permitted to be used for any other newspapers) or for any other purpose.

2. I/We hereby declare, that the above statements are true and correct to the best of ray/our knowledge and belief. I/Wo 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 case if it is found that any of the statements of facts therein are incorrect or false.

Signature

Name In Block Letters _. _ Dated :

Designation „ „ _ „ „ „

Residential Address

APPENDIX 3—Contd.

FORM "K"

FORM OF APPLICATIONS FOR PUBLIC SECTOR PROJECTS AND UNDER- TAKINGS FOR IMPORT OF (I) MAINTENANCE AND OPERATONAL ITEMS OF SPARES AND STORES & (II) RAW MATERIALS, COMPONENTS AND

MAJOR ASSEMBLIES

1. (/) Name of the applicant.

(//) Postal address of the applicant, (hi) Telegraphic address of the applicant, (iv) Address and location of factory.

2. Particulars Regarding Industrial Unit :

(0 Name of the industry and the purpose for which the goods applied for "re required;

(ii) 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 and their c.if. value (to be detailed in a separate list to be attached).

6. Where shipment is to be effected from a country different from the country in which the goods originated, fu]l statement of reasons for the same should be given,

7. Is a letter of authority desired? If so, name of the firm in whose favour it Is desired (necessary documentary evidence should be furnished).

8. General Information to be furnished :

(0 Nature of the concern; (//) The Customs House where the import licence if granted, will be registered.

9. Full details of the enclosures attached with the application :

DECLARATION

(1) I/We hereby declare that the goods for the import of which the application ha" been made are not meant for use in the manufacture of new articles for which a licence has not been obtained under Industries (Development t\nd Regu- lations) Act, 1931.

(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 thereof will be sold to or be permitted to be used by any other party. (3) 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 cancellations 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 of facts therein are incorrect or false.

Signature

Name in Block letters

Date- :—-—. . • • •

Designation

Residential Address

Not* : In the case of applications for maintenance and operational items of spares and "tores, a certificate should be appended by the applicant at the end of the appli- cation form covering the following points :—

(a) that the items sought to be imported are either r.ct EVHijabic irc'igcroiifly or available in specific delivety period not suitable to the Project authority; and (fc) that they are not banned or if banned, suitable clearance from the D.G.T.D. has been obtained. (Floating of enquiries in trade journals in time and non-receipt of acceptable offers will be a sufficient ground for certifying indigenous non-availability by the Project authorities).

APPENDIX S—Contd.

FORM I

IMPORT APPLICATION FOR 'EMERGENCY1 SPARKS

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 Incometa*

Verification certificate or Exemp-

tion therefrom :—

(/) I.V.C. Registration/Exemption Number valid for tic licensing period to which the application pertains :

(ff) Previous I.V.C. Registration /

Exemption number :

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 of spares to be Imported.

4. Country from which the spares

applied for are to be imported.

5. Country from which the original

equipment was imported.

6. Where shipment is to be effected from a country different from die country In which the goods origina- ted, full statement of reasons for the •ame should be given.

7 Engineers* certificate to be attached

(Pleaso sec foot note (iil).

C. General information to be furnished.

1. Arc you borne on the book* of the D.G.T.D. and if so, indicate the fac- tory number allotted by D.G.T.D.

2. Registration no. allotted by the State Director of Industries (in the case of non-D.G.T.D. units).

3. Value of emergency spares licence, if any, obtained^or.applled for already in respect of the same machinery during the same licensing period 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 Karta as the case may be.

*. Details of branches or associated

companies (name and location);—-

(0 In India,

(ft) Abroad.

7, Is a letter of authority desired? If

to, name of the firm in whose favour it is desired.

!. The Customs House where the im- port licence, if granted, will be rcgi- itercd.

(1) I/sV? '.i:r,}by Jj^Ur; that if this licence is jrantud, the goods will be utilised only iii oar f l a xy viJ thai no portion thereof will be sold to or permitted to bo used by any other r>"rty.

(2) I/W,^ h;rehy declare that tho above statements are true and correct to the best of irw.'our kujwliijj}; and belief. I/Wo fully understand that any licence granted to me/ut oil ihc basis of tho statemant furnished is liable to cancellation, in addition to any other psmlty th " tha Government may impose or any other action that may be taken, having i:;.i'.-1 to thi ;ir=.i,mt-inccs of the c.™ if it is found that any of the statements or facts there- in arc incorrect or false.

Date :

Signature

.

Name in block letters „

Designation _ . "_ „

Residential Address . ., _ —

Nate : (I) This i'nnn U intended for applications made by actual users for the grar.t of emergency licences for import of spare parts.

(//) Apart froirj the details provjdod for in this form, proper justification far the import of wire-; on a mJit immjdiato basis should be given in the letter forwarding the application.

(Hi) Thu applicant should attach a certificate from a qualified engineer of any production machinery to the effect that the spare parts applied for im- port are required an immediate basis to overcome an emergency break- down or a breakdown which is unavoidable for technical reasons in tho course of noxt one month. la the case of small scale units who are not in a position to produce a certificate from a qualified engineer ". certificate issued to them by Small Industries Service Institute wll be "cceptod.

APPENDIX 3—Contd.

FORM 'M*

I'orrn of application for replacement of licence

' A' — Particulars of the applicant :

1. Name of the applicant : —

2. Full postal address :—

(0 House/Shop number

(II) Name of street/road

(lit) Name of locality and city

(tv) Name of State

3. Telegraphic address :

4. Address of location of factory :

,;" — particulars of application :

1. Registration number allotted to In- come-tax verification certificate or ExcmpLiomherefrom :

(i) I.V.C. Registration/Exemption

No. valid for the licensing period to which the application pertains.

Exemption No.

2. Treasury receipt number and date (treasury receipt to be attached in original) ;

3 Nature of concern, whether Public ' Company or Private Company, Partnership or Hindu Undivided Family concern :

4. Names of Directors, Partners, Pro-

prietor or Karta, as the case may be :

3. Details of branches or associated companies (name and location) :—

(0 In India : (it) Abroad :

6 Is a letter of authority desired 7 ' If so, name of the firm in whose

favour it is desired :

7. The Customs House where the im- port licence, if granted, will be regi- stered :

8. Detailed description with size, quan- tity, specification etc., and also the respective I.T.C serial numbers of the goods to be imported :

9. C.i.f. value in rupees of the goods

^o be imported :

307

10. Description with size, quantity, specification, etc., of previous con- signment in replacement of which the application is made :

11. C.i.f. value in rupees of the pre- vious goods in replacement of which trie application is made,

12. Reasons for the difference, if any, between the specifications and the cl.f. values of the previous con- signment and the goods sought to be impelled in replacement thereof :

13. No. and date of the licence und file no. of the licensing office pertaining to the previous consignment :

14. Dato of shipment/arrival/clearance

of previous consignment (s) :

"C — General information to be furnished :

1. Please State whether :—

(a) The previous consignment was short-landed or lost in transit prior to actual import; or

(b) The previous goods were found lost or damaged afler import;

or

(c) The previous goods were found defective or unfit for use after import;

(d) The previous poods wcro found unlit for use/damaged during the period of guarantee :

2. Whether the goods sougbt to be im- ported in replacement are a free supply by the forei.cn supplier or are to be imported ag'unU an insurance claim.

3. (a) fn the case of free supply, why the same cannot be im- ported under O.G.L. No. IV ?

(b) In caso where tho free supply of the good< cannot be co- vered by O.O.L. No. IV, please state the amount of insurance and freight, if any, required to be paid to import the goods : (Necessary documentary evi- dence to prove that the goods arc to be supplied free of cost with or without Insurance or freight charges, should bo furnished).

4. In case the loss or damage to the goods was caused on tho docks after landing and the goods in question were insured at the time of such loss or damage; please state :—

if a) Whether any insurance iurvcj certificate was issued by any authorised insurance surveyon to the effect that the good* were actually lost or damaged while on the docks after land, ing; and If so, attach the certi- ficate —

(b) The amount in rupees of the claim accepted by the insurance company and produce a certificate from them to the effect that they have accepted the claim for the said amount as the value of the goods lost or damaged.

{cl Hie reasons for the difference where the value of the claim accepted is more than the original value of the goodi lost or damaged ;

'5. (1) In the case of machinery, where the defect, damage, breakage or low ii noticed after installation or oper- ation of the machinery and it Is co- vered by the terms of warranty/ guarantee given by the foreign supp- lier, please furnish :—

(a) Original evidence of accept- ance by the foreign suppliers lo replace the goods in quest- ion, free of charge.

(to) A certificate from a qualified engineer to the effect that the particular machine or part thereof, is considered unfit for use in the main plant etc., for which it was intended.

(c) Original evidence showing the date of previous importat- ion of machinery and the per- iod of guarantee given by the foreign supplier/manufacturer.

(2) ff the said defect, damage breakage or loss is covered by a marine insurance policy, please state/furnish ;—

(a) The amount in Indian rupees

of the claim accepted for pay- ment by the Insurance com- pany.

(b) A certificate from the insurance company to the effect that they have accepted the claim for payment of amount as indicated against Col. 5(2) (a) above, as the value of goods found defective, damaged, broken or lost.

(c) A survey certificate issued by any authorised surveyors or any other satisfactory evidence to prove that the goods were actually found defective, damaged, broken or lost.

*. Full details of the documents attached

with the application.

DECLARATION

(1) I/We hereby declare that if this licence is granted, the goods will be utilised only in our factory and that no portion thereof will be sold to or permtted to be used by any other party.

(2) I/We hereby also 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 m;/us on the b'isis 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 case, if it is found that any of the statements or facts therein are incorrect or false.

Signatures

Date Name in block letters

Designation

Residential address

Note :

(/) This form is intended for all categories of applicants.

{II) The declaration (i) above is relevant to the actual user applicants only.

Oil) The form should be carefully filled by the applicant to enable the licensing autho- rity to avoid unnecessary correspondence. No column should be left blank. The words "yas" or "no" or "not applicab[e" can be used against the columns in the application form wherever necessary. If the applicant is not ablo to give answer to any particular column, he should give a positive reason for the same.

APPENDIX 4

(Para 102 of chapter V)

ANNEXURE I

List of Registering Authorities

Registering Authority

Export Product

Si. No

Engineering goods; stainless steel

1

products; and ship repairing.

Engineering Export Promotion Council "World Trade Centre", 14/1B, Ezra Street (3rd Floor), Calcutta-1, and its Regional offices, Commerce Centre (2nd Floor), Tardeo Road, Bombay-34: Sire Mansion, 123, Mount Road Madras-6; and D-55, Defence Colony, New Delhi-3.

2 Chemicals and allied products

namely—

Chemicals and Allied Products Export Promotion Council, 14/1B, Ezra Street, 2nd Floor, Caicuttft-1.

Basic Chemicals, Pharmaceuticals and

Soap, E.P. Council, Jhansi Castle (4th Floor), 7, Cooperage Road, Bombay.l • Regional Office of the Chemicals and Allied Export Promotion Council, Sire Mansion, 123, Mount Road, Madras-6.

Chemicals, drugs, cosmetic and toiletries, Pharmaceuticals, glass and glass ware, ceramics paints, rubber products, in. eluding tyres and tubes, paper and paper products, including books, journals, periodicals.

3 Plastics .

. .. Plastics and Linoleum Export Promotion Council, Patel Industrial Centre 68, Tardeo Road, Bombay-34; and its Regional offices at Slro Mansion, 123, Mount Road, Madras-6 and 14/1B, Ezra Street, Calcutta-1.

4 Leather and loathcr goods

Leather fcxport Production Council Mar- ble HalJ, 3/8, Veper High Road, Madras-3; Export Promotion Council for Finished Leather and Leather Manu- factures, 15/46, Civil Lines, Post Box No. 198, Kanpur and its Regional Office at "Niranjtm" 2nd Floor, 99, Marine Drive. Bombay-2.

5 Sports goods .

,

Sports Goods Export Promotion Coun- cil IE/6 Jhandewala Extension, New De'lhi-1.

Fish and fish Products ,

6

Marine Products Export Promotion Council, World Trade Centre, Mahatma Gandhi Road, Ernakulam-6,

Processed Foods Exports Promotion 7 Processed foods other than curry

Council, 119, Jorbagh, New Delhi-3.

powder and paste.

Curry powder and paste . . ..

8

Spices Export Promotion Council, World Trade Centre, Mahatma Gandhi Road, Eamakulam-6,

9 Handicrafts, woollen carpets, rugs

and druggets.

The All India Handicrafts Board, West Block No. 7, Ramakri9hna Puram, New Delhi-22.

APPENDIX 4—Contd.

1

2

3

10 Cashew Kernels

Cashew Export Promotion Council, World Trade Centre, Mahutma Gandhi Road, Einakulam-G.

11 Tobacco and tobacco products

Tobacco Export Promotion Council, 123,

Mount Road, Madras-6.

12 Woollen textiles and hosiery etc. and

mixed fabrics.

Wool and Woollens E>polt Promouufi Council, 'Manohar', 27, New Marino Lines, Bombay-6. and its regional olBco at Ludhiana. (Punjab).

13 Coir

Coir Bcicird, Posr Box No. 80, Ernakulam

(Kerala).

14 Cotton textiles

Cotton Textiles Export Promotion Council, Engineering Centre, 5th Floor,

15 Roady-made garments (other than of

natural silk).

Cotton Textiles Export Promotion Coun- cil Engineering Centre, 5th Floor, 9, Mathew Road, Borabay-4,

Wool and Woollens Export Promotion Council, 'Manohar', 27, Now Marine Lines, Bombay-6. Hsndloom Export Promotion Council, 123, Mount Road, Madras.

Nitiril iilk fjVijj ni jjiniijat-j

15

Handloom Export Promotion Council, 123, Mount Road, Madras-6, Silk and Rayon Export Promotion Coun- cil, Resham Bhavan, 7C, Veer Nariman Road, Borabay-1.

17 Gem and jewellery . . .. Gem and Jewellery Export Promotion Council, D-15, Commerce Centre, Tardeo Road, Bombay-34,

18

Export Promotion Authorities nt Bombay,

Calcutta and Madras.

Cinematograph films (exposed) fea- ture films, documentaries, adver- rising films,

News films and T.V. films .

Export Promotion 'Authorities at Bom- bay, Calcutta, Madras and C.L.A., New Delhi.

19 Natural fibre products

Juto Commissioner, Calcutta.

(other than coir products)

20 Nylon Products . . .. Silk and Rayon E. P. Council, Re- sham Bhavan, 78, Veer Nariman Road, Bornbay-1.

Cellulosic products . . ..

21

Silk and Rayon E. P. Coundl, Re- sham Bhavao, 78, Veer Nariman Road, Bombay-1.

22. Blended products from mixture of cotton/ccllulosic, fibre or yarn/ Nylon/Polyester fibre or yarn.

Cotton Textiles F. P. Council, Fnrf- neering Centre, 5th Floor, 9, Mathew Road, Bombay.

APPENDIX 4-Contd.

(Para 103 of Chapter V)

ANNEXURB II

Form of Application for Registration

To

Dear Sin,

SUB:—Registration under tht Import Policy for Registered Exporters

Kindly register us under the above policy as manufacturer exporters/merchant mporters of (the major products covered by the import policy for registered exporters, exported by the applicant may be mentioned bore).

1. (") Name and address (with telegraphic address and telephone No.) of registered office, head office and branches.

(b) Whether Proprietory/Partnershlp concern or Private/Public Limhfd Compcry or Cooperative Marketing Society, etc. (Names of Proprielor/Partners/Diret- tors/Managlng Directors should be furnished with their permanent addresses).

(c) Names of the associate firms for whom the applicants act ns afrr.ls )p o r c it business.

(d) Name and address of the applicant's banker.

(c) Income-tax verification Number and date.

(<) Date of establishment of business/factory in India,

(ii) Date of commencement of export business,

(iii) Capiial emrloyed.

2. Whether licensed/registered under the Industries (Development and Kcgiiltf r j ) Act. If so, number and date of licence/registration certificate.

3. Whether products manufactured arc on aprroved (DCS&D) rafe/rurn'iif; contract. I.S.I, certification marked O.T.H. Allpore tested or other- wise quality controlled (specify the scheme of Quality Control ar- plicable.)

*, Whether enlisted with D.G.T.D./State Director of Industries.

5 (") Details of past exports during the last three years. If any, (prc^uctf fcr vhich registraton i" sought ind other products not covered by the scheme should be indicated):—

Year

Description

Quantity/Value

Unit value Major countries to

which exported

(2)

(4)

(3)

(1)

(5)

(In case where there Is no export, a statement of Internal sales turnover for the last three years of the items desired to be- exported, duly attested by the auditors, should be submitted).

APPENDIX 4—Contd

Hb) Detail* of commitment of future export for the succeeding three years t—

Year Description of goods to be exported Quantity Value

6 If now to export field, state detalis of any overseas market surveys conducted or of export promotional efforts mado.

7 Havo any complaints boon received in respect cf quality/dellvery/aftet SftlM- scrvicing of goods exported in the past, and If so, how were they disposed of 7

•I If nijrch.uit-axporter, please Indicate what arrangements have beon made with manufacturer/manufacturers whose products are to be exported.

9 Export commodities In respect of which registration Is sought.

10 WUtttiior thu flnn is already a registered exporter for some other commodity 7 H so. give registration number and detalis thereof.

U(j) vVniitti'jr a number of any recognized trad; body, !f so, give particulars.

(W Wiiitli^r firm is raftered u'idjr tho Factories A" ? If so, registration No. and date.

(e) Wtothar tha firm hjldi a Corporation or Municipal license for factory prenusei for the current year 7

11 Whather a certificate fro:n tho applicant's bankers certifying the fi nanrial position is attached ?

Wj iiir.rJy sola n llv dwlurs t"i3 Above stilid inFormition to bo triis and correct and undertake without any reservation to i—

(I) abid; by fti; tor in of tha registration certificate granted to us on all our exports;

(<'[') a t; c!"u i n) IT | i ; i r , )i f jr I h; p jri> J J; fur w ' . i bh t h -/ a re i u ' i id a nd u n d er t be terms and conditions under which they are Issued.

(///) agree to abido by any code of conduct that may be prescribed by the registering Authority.

(/F) asros to abldj by any export fljor prloe candltlons thit may bo stipulated bv the registering authority.

(v) furnish without fall manthly roturni of uxports Including nil returns by the 5th of the following month.

'. ' W* further understand fnat our registration is liable to bo cancelled lm the event of breach of any of the undertakings mentioned above.

Yours fahhruDy,

Name In Block Letters

Designation —

Residential Addrcw

APPENDIX 4—Contd

(Para 103 of Chapter V) ANNEXURE II-A

Reglstration-sum-Membership Certificate

PARTI

(To be filled in by the applicant)

1. Name of applicant

2. Whether Head Office or a Branch .

3. If Head Office, give names of Branches

with addresses . . ..

4. Address of applicant :

(/) Postal address (flj Telegraphic address (Hi) Address of factory, if any.

3. (0 Description of goods manufac-

tured (if any) . . .. (W) Description of goods exported .

6. Whether merchant-exporter or manu-

facturer-exporter

7. Year of establishment of the ap-

plicant

I/We hereby declare that the above information is correct to the best of my/our knowledge and belief. I/We also undertake to abide by the conditions subject to which registration/membership is granted.

Signature — ——

Name — — -— • • —

an block letters)

Dated • • — • _ _ _ _ __ .. Designation— —— — —

Residential address

PART II

(To be signed by the sponsoring Authority in the case of a manufacturer) This is to certify that the above firm has been allotted 'Registration No

and is engaged in the manufacture of following „. gcjpds :—

Description of goods maiutfactured

(Signature of sponsoring

Authority)

Name (In block letters)

Designation — • • -••

Seal . —

•In tho case of DGTD units factory number may be given instead of Regis- tration Number.

APPENDIX 4—Contd.

PART III ANNEXURE II-A—Contd.

(To be signed by the concerned EP Council/Commodity Board etc.)

This is to certify th^t the above firm is registered under the import policy for Registered Exporters in term? of the provisions in the Import Trade Control Hand Book of Rules and Procedure as per following particulars:—

(!) Description of goods for which registered . . ..

(ti) Date of application for re- gistration . . ..

(Hi) Registration Number •

(/v) Manufacturer-Exporter or Mer>

chant-Exportcr* .

This certificate is issued subject to the conditions laid down in the relevant scheme of Registration.

(Signature of E. P. Council/

Commodity Board)

Name

• • —

(In block letters)

Designation —

Seal

Date— — - — •• • _

•State clearly whichever is applicable. Space for endorsement of any amendments in this certificate.

APPENDIX 4-Contd.

ANNEXUREII-A—Comd,

Procedure for the issue of reglstration-cvm-membership

certificate

The registering authorities will issue the registration-cum-meinbership certificate in the prescribed form. Part I of this form will be filled in by the applicant and submitted to the concerned sponsoring authority, i.e., the D.G.T.D. or the State Director of Indus- tries etc. The sponsoring authority will fill in Part II of the form. Thereafter, the ex- porter will submit this form to the registering authority, i.e., the Export Promotion Council/ Commodity Boards for filling in Part III. Endorsement for any amendment will te done in the space indicated in the form.

2. If an applicant is both a manufacturer-exporter as well as a merchant-exporter, separate certificates may bo issued to him by the registering authorities concerned.

3. Part II of the registration form will be filled in only where the applicant is a manu- facturer-exporter and only in those cases where it is applicable.

4. Manufacturer-exporters should fl]l in this form in triplicate and merchant- exporters in duplicate. The merchant-exporter will submit this forrn along with his appli- cation for registration direct to the registering authority. A nianufaciurcr-exportcr will submit this form to the sponsoring authority. The sponsoring authority will, after filling in Part II, give the original and the duplicate copy to the exporter and retain the third copy for its records. The exporter will then submit the original and the duplicate copy to the registering authority along with the application for rcgistratjrn. The registering authority, namely, the Export Promotion Councils/Commodity Boards will retain the duplicate for their records and return the original to the exporter after filling in Part III both in the case of mcrchant-exportcra and manufacturer-exporters,

5. To begin with, the registration certificate in this form will be issued to the new comers. For the existing registered exporters, the old forms will he changed into new forms in the course of the year 1970-71, and this work will be completed by 31st Vlarch, 1971, Meanwhile, the licensing authorities will accept registration certificates in the old form also. From 1st April, 1971, registration certificates in the new form only will b" accepted.

APPENDIX 4—Contd.

ANNEXURE III

(Para 109 of Chapter V)

GOVERNMENT OP TNDU

MINISTRY OF FOREIGN TRADE IMPORT TRADE CONTROL Public Notice No. 47-ITC(PN)/70 New Delhi, the 3)." March, 1970.

SUIWICT.—Import Policy for Registered Exporters—Procedure for certificatioa "f ciports.

Attention is invited to paragraph 108(2) in Chapter V of the Import Trade Control Haid Book of Rules-and Procedure I960 according to which the exporters are required t" |et their exports certified by an authorised dealer in foreign exchange in the prescribed Form 1 and Form II as given in Annexurc III in Appendix 4 of the said Hand Book.

2. In ordcr^to simplify the procedure for issuing replenishment licences, under the import policy for reRistcrcd exporters, it has been decided that the authorised dealers in foreign exchange (i.e., ihc Banks concerned) will, in future, certify the f.o.h. value in the bank certificate. Accordingly, Form T and Form IT have been suitably revised, as given in the Annexurc to this Public Notice.

3. The procedure to be followed by (he exporters in obtaining bank certificates with f.o.b, value ceitlfic¹ therein, will be as under :—

(0 After "shipment, ih; exporter should have the exports certified hy an autho- rised deilcr m foreign exchange at the time of presentation of export docu- ments to such dealer i.e, the Bank, for the purpose of negotiation and/or collection of bills. While presenting the export documents, the exporter should fill in and give to the bnnk the declaration fin triplicate) in the prcs- cribt"! Form I, for exports made on 'Outright' sale basis and in Form ]I for sports on consignment/approval basis.

07) The Bank will certify the F.O.B. value of exports and countersign the declaration after necessary verification with reference to the export docu- ments. The exporter should, therefore, produce satisfactory and acceptable evidence of payment of freight and insurance, to the bank so as to enable the bank to certify the F.O.B. value.

(//'/) Even in cases whero the transaction is on f.o.b. value, the exporter should have the f.o.b. value certified by the bank,

(jv) In the case of exports made on consignment/approval basis, the exporter should have the f.o.b. value certified in Form II only after the exports sale proceeds have been realised and surrendered to the Indian Foreign Exchange Control.

(v) All the amounts in the relevant column in the bank certificate i.e., c.i.f./c. & f., freight and insurance and the f.o.b. value should be shown in Indian rupees. The rate of conversion will be on the following basis :— (a) In case of outright sales, par value of exchange on the date of export;

and

(b) jn case of exports on consignment/approval basis, par value rate of ex- change prevalent on the date of payment in foreign exchange against such exports,

APPENDIX 4- Conid.

ANNEXUKE H I - C o M.

BANK CERTIFICATES OF EXPORTS

(FORM No. 1)

To

_

(Name and nckircss of the Licensing Authority),

We

(Nfime and address of th= exporter) hereby declare that we have forwarded a documentary export .fnami: and eddrers of ihe hank i.e. branch bill Lo and city) for collcction/ncgotiation/ruichase HS per jv.rik-rWrs given hereurder:—

Invoice

Freight amount

Iasurance amount

Bill of Lading/

No. Adate

f.o.b. equiva- lent

P.P.

Desti- nation of goods

G.R.I./ P.P. Form No. Descrip- tion of goods

Bill amount c.i.f./ c.&.f/ f.o.b.

Receipt/ Airway bil)

No. and date

Rs. Rs.

Rs.

Rs.

9 I

2

8

5

6

7

3

4

late to Se o n ^L d c?a re *h at th<> aforesaid particulars ere correct and that they rc- iate to an outnght sale. Copies of invoices relevant to these export Ere attecVcd.

(Signature of the exporter)

~Ref7 ~~ ~ ~ ~~ " ' ~~

Date. Place.

Bank's Certfflcate

This is to certify that we have negotiatcd/purchased/sent for collection the above mentioned documentary export bill drawn by M/s - for tne amount mentioned in column 5 above. We have verified the f.o.b. value mentioned in column 8 above with reference to the following documents:—

(/) Bill of Ladirg/P.P. Receipt/Airway bill.

(//) Insurance Poljcy/Cover/Insurance Receipt.

(Signature of the Bankwi) Official stamp.

(Full address of the Bankers)

(Branch and City)

APPENDIX 4—Contd.

AKNEXURE III—Contd.

BANK CERTIFICATE OF EXPORTS

(FORM N O. II)

(Name and address of tbe Licensing authority)

(Name and address of the exporter) hereby declare that we had effected the export on consignment basis and have received the proceeds in part/in full Ihereagainst as per particulars given below :—

Provisional

Descrip-

Destina-

Amount Date

received of

Invoice Value

tion of

Bill of Lading/

Invoice No. & date

tion of goods

goods

PP

GRI/ PP form No.

Re- ceipt/ Air-

F.O.B. equi- valent of the amount recei- ved

in receipt India pay- ment by the ex- porter

way Bill No. & date

Rs.

Rs.

Rs.

]

6

9

3

5

2

4

7 8

We further declare that the aforesaid particulars are correct and that we have not obtained a certificate in Form (1) from any Bank in respect of the said export. Copies of invoices relevant to these exports arc attached.

(Signature of the exporter)

Bank's Certificate

Rer. No. Date

Place

We confirm that

(amount) shown in col. 7 has been received by us in an approved manner in respect of the above consign- ment on )*(date). We have verified the f.o.b. value as shown in col. 9 with references to the following documents :—

(/) Bill of Lading/PP receipt/Airway Bill.

(if) Insurance policy/cover/Insurance receipt.

(Signature of the Bankers)

Official Stamp

Address of the Bankers

(Branch and city) _

•Date of advice of payment of the collecting/remitting Bank abroad.

APPENDIX 4—Contd.

ANNEXURE IV

(Para 110 of Chapter V)

FORM 'H'

Form of application for import of goods against exports made by RcgUtcrcd Ex- porters both-Merchant^Exporters and Manufacturcr-Exporteri (Mer" chant-Exporters need not fill cols , 16, 17 and 18. Where Regutcrod fix porters make nominations for full entitlement they need not fill Columns 16, 19 and 20 to 25).

Part A

1. Name of the applicant firm . . •

2. Full Postal Address:—

(0 House/Shop No. (tf) Name of Stroet/Road . (HI) Name of locality and city . (/v) Name of State . . ..

3. (a) Telegraphic Address

(b) Address & location of factory

4. Date of establishment of business in

India

5. Nature of the concern, whether Public Company or Private Company. Part- nership or Hindu Undivided Family concern . . . . ..

6. Names of Directors, Partner*, Proprietor or Karta as the case may bo

7. Details of the Head office/branches or associated companies (name and location) :—

(0 In India (") Abroad

8. (a) No. & date of Registration Certi- ficate (copy of registration certificate to be furnished)

(&) Whether applicant is registered as a Manufacturer-Exporter or Merchant-Exporter

9. (a) Current I.V.C. No. valid for the

period of application

(b) Previous I.V.C. No. .

10. No. & date of Treasury Receipt (Treasury Receipt to be attached)

11. (a) Product-group to which the exported

products bofong

(b) F.O.B. value of exports covered

by this application, Rs

ic) Specify the period during which the exports were made and whether the application is made on monthly/two monthly/quar- terly basis, or any other basb specifically agreed to by Govern- ment . •

APPENDIX 4—Contd.

ANNEXURE IV—Contd.

12. Whether any other application against Mtporti covered by the same product group and for same period of exports h** been made

13. Whether the exports (as per statement •f export enclosed) against which the ptwent application is made have been utilised or are intended to be utilised for cJaiming any import licence by way •f barter or for remittance against Capital Goods or in discharge of any export obligation or for obtaining ittport licence under any other ca- l o ry

14. Wfcother the exports have been made •• outright sale basis/consignment/ approval basis/free replacement .

15. Whether any application for grant of OMk aiiiJUnce has been made against •1 or any of the exports mentioned in the inclosed statement. If so, please "ive the reference No. and date of that application

16. Name of the Industry and the purpose f"r which the raw materials/components are required

17. Description of goods manufactured .

18. Registration No. allotted to the applicant by the DGTD/Statc Directorate of Indmtrica/auy other sponsoring autho- rity

19. C.I.F. value in rupees of tho licences)

applied for

20. List of items applied for, (Five copier, Item Part &. Country of CIF of the list to be furnished) —Separate S.No. Import value seU of lists should be furnished for (i) item! louyhl to be imported from Rupee Payment Area, (i7) items of tools and jigs and equipments and (Hi) other items

21. State the basis on which items of import arc claimed viz, on the basis of (a) A.U. licence (stating A.U. licence No. and date and enclosing original or photo- stat topics thereof) (b) Sponsoring authority's recommendation on pres- cribed proforma (enclosing the same) (c) Col. 4 of Section II of Vol. II of Rod Book

22. C.I.F. value of canalised items if

applied

23. C.I.F. value of other items, if desired

fro* stocks of STC/MMTC

24. I" a letter of authority desired? If so, name of the firm in whose favour it Isdtnirtd

25. The Customs House where the import lk>eoce, if granted, will be registered ,

26. Full details of enclosures attached with tho application . . ..

APPENDIX 4-Contd.

ANNEXURE IV—Contd.

UNDERTAKING

I/We hereby solemnly undertake :—

(/) that no other application for import licence has been made or will be made in

future against exports covered by this application;

(//) the consignment(s) /parccl(s) have not been returned. Tf at any time, the ex- ported goods are returned by the consignee, or if the sale proceeds in respect of the goods, in question, are not realised through an authorised channel within six months from the date of export or such extended period as the Reserve Bank of India may permit, necessary intimation shall be sent to the licensing authority, within one month therenf, and the value of import licenses issued against this application shall be liable to be set olT against future import licences due to me/ us or to my/our nominees, without prejudice to any other action that may be taken in this behalf;

(7v) I/We hereby declare that the particulars and statements made in this application are true to the best of my/our knowledge and nothing has been concealed or held therefrom;

(v) I/We hereby undertake that any licence granted on the basis of this application shall be liable to cancellation without prejudice to any other action that may be taken in this behalf, if any information furnished in this application is found to be wrong or incorrect or misleading.

Signature Name in Block Letters

Designation

Residential Address

Date

To be filled only in the case of nomination

1. In case nomination has been made, the following particulars should be given :—

Name of the Nominee

Other lines of manufacture of nominee(s)

s F.O.B. value of exports for which nomination is made

Products, material, component, Part manufac- tured by nomince(s)

on

account of which nominated

1. Z 3. etc.

Declarations

(/) I/We declare that I/we have not nominated any other person to claim the bene- fits of the f.o.b. value of exports to the extent covered by nomination made above;

(//) I/We declare that the nominec(s) is/are actual useits) engaged in the manufacture of goods indicated in the above statement.

Signature Name in Block letters

Designation

Residential Address

Dated

APPENDIX -t_Contd.

ANNEXURE IV—Contd.

Part B

Particulars of the nominee

(To be filled in by the nominee of the registered exporter. If there are more than ono nominee, this form should be fllleJ in by each nominee separately).

1. Namo of the Nominee

2. Full Postal Address :—

(0 House/Shop No.

(//) Name of Street/Road

(Hi) Name of locality & city

(/v) Name of State

3. (a) Telegraphic Address

(b) Address & location of Factory

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 concern . . . . ..

6. Name of Directors, Partners, Pro- prietor or Karta as the case may be

7. Details of held office, branches or associated companies (nnmes and location) :—

(/) In India . . ..

Hi) Abroad . . ..

8. (a) Current IVC Number valid for

the period of application

(b) Previous IVC Number

9- Name of the Industry and the pur- pose for which the raw materials/com- ponents are required

*

10. Description of goods manufactured.

11. Registration No, allotted to the applicant by the DQTD/Statc Direc- torate of Industries/any other sponsor- ing authoruly . . . ..

12. C.I.F, viluc in rupees of the licences

applied for , , . . ,

13. List of items applied for (Five copies of the list to be furnished—Separate seta of lists should be furnished for (0 items sought to be imported from Rupee Payment Area, (ii) items of tools and jigs and equipment (ill) other Item . . . . ..

Item Pt. S. No. Country of Import C IF Value

Rs.

14. State the basis on which items of import ire claimed viz,, on the basis of (a) A.U, licence (stating A.U, Licence No, and date and enclosing original or photo- stat copies thereof) (b) Sponsoring autho- rities recommendation on prescribed proforrna (enclosing the same) (c) Col. 4. of Section II of Vol. II of Red Book,

13. C.I.F. value of canalised items if

applied

16. C.I.F. value of other items if desired from

Stocks of STC/MMTC

17. h a letter of authority desired, If so, name of the firm in wnose favour it i" desired

l l. The Customs house where the import licence, if granted, will be registered.

Undertaking

I/We hereby undertake that, if as a result of a scrutiny by the licensing authority at any titns, of the application of the Registered Exporter, any excess licensing is found to h"ve baen dona to mi/us as nominee, the same shall be liable for being adjusted against future licenses dus to me/us under any category, without prejudice to any other action that may fce taken in this behalf.

Signature

Name in Block letters

Designation

Residential Address

Date

rt.l'i'LNiJLX 4—Conld.

ANNEXURE IV—Cootd.

PmltMiari of Exportt at Ctrtifitd by tht Betf"Tter't Bank {s} against which import Licenct is offllrdfo! (itn columns in the Statement

H ^^

iheuld t* *W in Bade Ctrtificatt-wiM)

& amount of replenishment

jr

Rate import

i—^

If the been n orC &.

due

F.O.B. value of exports

export has laJe on cjLf. F basis iudi- cate

Name & address of the Banks (which issued the Bank Certificates)

Particulars regard- ing Nomination (t o be rilled in where nominations have been made)

Rate

Invoice No. as given tn Bank Certi- ficate

No. & Date of Rank Certificate (Enclose original Bank Certificate)

Freight charges paid

Insurance charges paid

TO

Name of FOB the nomi- value nee of

O

Amount

m

Description of product exported [Indicate SI. No. and page No. of Section II of Red Book (Vol 11)1

N o .* Date of the Shipping Bill (Enclose copy of snipping BUI duly authenti- cated by the Customs.)

exports for which nomi- nated

Rs.

Rs.

Rs.

rs O

5

4

6

7

3

1

2

9

10

S

11 12

>

Rs.

I/We hereby declare that the mformaton given in this statement is correct. I/We also undertake that the value of the Import Licence granted on thebasis of ths Statement shall be liable to be set offagcjnst future impon licences due to me/us or to my/our nominees without prejudice to any other liction that may be taken in this behalf, in case any part of the information contained in this statement is found incorrect, false or misleading.

a

SO

Date

Signature of Applicant. . , . . . _ . . . . . „ " . _ .. Name in Block letters „ , , _ Designation , . _ . „„ . . . . . _ . . . . . " . . .. .. _. ^. _ __.... . . , . . „ . . . .„ Residential Address

.. ^

:

os

Certificate by Chartered Accountants I/We do hereby certify that the information regarding particulars of exports furnished in this statement is correct and complete. I/We have verified this from the following records :—

I (1) Bank Certificates (2) Shipping Bills (3) Invoices (4) Other relevant documents

Signature mid seal of Chartered AowunUnt

I

ENOL.— (i) Bank Certificates a" above Full Addren

ft

(ii) Shipping Bills as above.

APPENDIX 4-Contd.

(Para 110 of Chapter V) List of Licensing Authorities

ANNEXURE V

Jurisdiction

Name of the licensing Authorities

Madhya Pradesh and Maharashtra. 1, . Joint Chief Controller of Imports

and Exports, Bombay.

2. , Joint Chief Controller of Imports

and Exports, Calcutta.

Assam, Bihar, Orissa, West Bengal, Naga Land, Manipur, Tripura, NEFA, Andaman and Nicobar Islands.

3. Joint Chief Controller^ Imports and Exports, Madras.

Tamil Nadu, Mysore (excluding Mangalore Distt.), Pondicherry, Karikal, Mahe and Vanam.

Rajasthan, Punjab, Haryana, Delhi, Himachal 4.

Pradesh and Chandigarh.

Joint Chief Controller of Imports and Exports, Central Licensing Area, New Delhi. \\K

Goa, Daman and Diu, Dadra" and Nagar 5.

Haveli.

Dy. Chief Controller of Imports and Exports, Panjim, Goa.

6. Dy. Chief Controller of Imports and Exports, Ernakulam,

Kerala, Mangalore District of Mysore, and Laccadivr. Minicoy and Amnldivl, Islands.

Uttar Pradesh.

7. Dy. Chief Controller of Imports and Exports, Kanpur.

Andhra Pradesh,

8. Dy. Chief Controller of Imports and Exports, Hyderabad.

Gujarat exc!uding7,Kandla Free Trade Zone, 9. Dy. Chief Controller of Imports and Exports, Ahmcdabad.

Jammu and Kashmir.

10. Controller of Imports and Exports, Srinagar.

In respect of exports from Kandla free Trade 11.

Zone.

Controller of Imports and Exports, New Kandla.

APPENDIX 4— Contd.

(Pura 111 Of Chapter V)

ANNEXURE VI

mpliflcd Form of application for Import of gooJs against Exports made by Established Registered Manufacturer-lixpoitcrs or Merchant-Exporters claiming licences in their own name.

A) Particulars of the Applicant.

1. Name of the Applicant •

2. Full Postal Address . . ..

(;) House/Shop N o.

(il) Name ol Sircct/Road

(to) Name of locality

(iv) Name of Slate

3. Telegraphic Address

4. Address of location of factory .

f. Name of ihe Industry and the purpose

for which the raw maierials/compo- nents are required . . ..

6. Description of goods manufactured .

B) Particulars of Application.

7. Treasury Receipt N o. and date

(TR to be attached in original) .

.". Registration N o, allotted to Income- tax Verification Certificate or Exemp- tion therefrom . . ..

9. (a) Product-Group to which the ex-

ported products belong

(b) FOB Value of exports covered by this application Rs.

(c) Month during which Ihe exports were made . . ..

10. Whether the exports against which the present application is made have been ulilisccf or are intended to be utilised for claiming any import licence by way of barter or for remittance against Capital Goods or in discharge of any export obligation for or obtaining import licence under any other category . ..

.11. Whether the exports have been made on outright sale basis/consignment/ approval basis . . ..

APPENDIX 4—Contd.

ANNEXURE VI— Contd.

12. Li"t of items applied for (five copies of the list to bo furnished). Separate seta of lists should bo furnished for Items of tools, jigs and equipments.

C.I.F. value Item Pt. S. No. Country of import

13. Ci.f. value of canalised items, if applied for

14. Ci.f. value of other items, if desired from stocks of STC/MMTC

15. Is a Letter of Authority desired 7 If IO, name of the firm in whose favour it is desired . . . ..

16. The Customs House where the Import Licence, if granted, will be registered .

.

UNDERTAKING

I/We hereby solemnly undertake :—

,(/) that no other application for import licence has been made or will be nude in future against exports covered by this application;

(//) the consignments/parcels have not been returned. If at any time, the exported goods are returned by the consignee, or If the sale proceeds in res- pect of the goods, in question, are not realised through an authorised channel within six months from the date of export or such extended period as the Reserve Bank of India may permit, necessary intimation shall be soni to the licensing authority, within one month thoreof, and the value of import licences issued against this application shall be liable to be set off against future import licences duo to me/us or to my/our nominees, without Dicjudice to any other action that may bo taken in this behalf

(Hi) if, as a result of a scrutiny by the licensing authority at any time, any excess licensing is found to have been done to me/us or to my/our nominees against this application, the same shall be liable for being adjusted against future licences due to me/us or to my/our nominees under any category, without prejudice to any other action that may be taken in this behalf.

(fv) I/We hereby declare that the particulars and statements made In this applica- tion are true to the best of my/our knowledge and nothing has been concealed or held therefrom.

(v) I/We hereby undertake tint any Hccnco granted on the basis of this applica- tion shall be liable to cancellation without prejudice to any other action that May be taken in this behalf, if any information furnished in this application is found to be wrong or incorrect or misleading.

Signature — - — _

Name in Block Letters -.

Designation „ .

Date— „_ — . Residential Address _ „„

APPENDIX 4—Contd.

(Para 116 of Chapter V)

ANNEXURE VI

Application Form for Licence for replenishment of Raw Materials

against Export of GEM and Jewellery Items

1. Name of applicant . . ..

Full Postal Address :— <0 House/Shop No. (ii) Name of the Street/Road (///) Name of locality (/v) Name of State

(v) Telegraphic Address

2. Registration No. allotted to Income-tax Verification Certificate or exemption iherefrom

3. No. and Date of Treasury Receipt showing Payment of the requisite fees (Treasury Receipt to be attached),

4. (a) Whether the application is preferred

on monthly/quarterly basis. ,

(b) The month(quarter for which th"

applicntion is made

(c) The month/quarter in which pay- ments were received in respect of each consignment .

5. (a) Whether the applicants¹ name hns been registered for any of the Gem and Jewellery items under erstwhile E.P. Scheme or by Gem and Jewe- llery Council, if so

(/) the authority by whom registra-

tion was made

(//) No. and date of certificate of registration (copy to be enclos- ed)

(Hi) Date of application for registra-

tion

The date on which the last applica- tion was submitted preferably with reference number of I.T.C. autho- rity to whom it was made

(c) Classification of these items under I.T.C. Schedule . . ..

tfi. (a) Items of exports for which registered

(#) Classification under ITC schedule .

(*) Full description of raw-materials to be Imported . . ..

(*) Classification under I.T.C. Schedule

Part and Serial No.

(c) Value (C.I.F.) in Rupoei

Ul) Country(ies) of Shipment

(") Country ties) of origin

(/) The Customs House where the import licence, if granted, will be registered

8. Category of Exporter (i.e., Manu-

facturer or Merchant)

9. Name and address of the factory where the imported raw material will be fabricated for export

10. Whether applicant has factory of his own or not. If not, what are the standing arrangements with tho manufacturers of the products

11. Particulars of licences, if any obtained

under any other Scheme

12. Information to be furnished in case of application against past exports

(a) Description of goods exported (please furnish Invoices with connected relevant shipping docu- ments, etc.) . . ..

(b) Real value of the goods exported, us declared before the Customs authorities

(c) F.O.B. value of payment received during the preceding quarter (in rupees)

(rf) Bank Certificate (as per proforma enclosed with No,, date and the name of the Bank)

(e)'Whcther tho 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 the export* have been made on outright sale/consignment/ approval basis :

13. (a) Date of establishment of business

in India . . . ..

(ft) Nature of tho concern whether Public or Private Ltd., or Partner- ship or Proprietary or Hindu Undivided Family concern. .

(c) Names of Directors, Partners, Pro- prietor or Karta as the case may be,

(d) Details of branches or associated companies (Names and Locations)

(0 In India

(H) Abroad

(e) Have any branches or associated companies menticmod in (d) or any of the gentlemen mimed 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 s.une period 7 If so, give details . . ..

(/) Whether the constitution of Ihc firm has undergone any change after the exports have been effected.

114. Full details of the enclosures attached

with the application, (every copy S.No Nature of the document, of the document should be marked AS a true copy and signed beneath by the applicant) . . . ..

I/We hereby declare that the above statements are true and correct to the best of my/ our knowloige and belief. I/We fully understand th.'.t any liconcc 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 hiving regard to the circumstances of the case, if it is found that any of the statements or facts therein arc incorrect or false.

Signature.. „ „ — —

Namo in Block Letters.. — —

Designation ".- ... _ . . . . . . . . . . - -.

-ft "at J,3ate "- —". - . - . .. Residential Address - — — —

APPENDIX 4—Contd.

(Para 117 of Chapter V) ANNEXURE VOUCHER OF SALE TO FOREIGN TOURISTS

Sr. No (0 Name and nationality of the tourist

to whom the sale Is made :

(10 Passport Number of the tourist :

"B) Description of the itcm(s) sold :

(/V) Sale value in foreign exchange and

the rupees equivalent :

(v) Details of the foreign currency and foreign currency traveller's cheques given by the Tourist:_.

.Signature of the Tourist . . .. Signature of Exporter

Registration Number

Signature and Seal of the Customs

Note.—Please read condition on the reverse.

(1) Copy to be stitched on the passport

(Whiter (2) Copy to be delivered to the Foreign Tourist . . .. (Green) (3) Copy to be sent along wiih import licence application . . (Yellow) (4) Copy to be retained by the Exporter i (Pink) Note.—Articles purchased under this voucher are totally prohibited from being seM.

gifted or otherwise disposed of within the territory of India to any pericm.

APPENDDf 4—Contd.

(Para 119—of chapter V) ANNEXURK IX

Form of Application for orant of advance licences for fulfilling specific export ordan,

by the Registered Exporters

PART I

(TO BE FILLED TS BY THE APPLICANT FOB USB IN LICENSING OFFICE)

A. Particulars of applicant.

1. Name of the applicant .

2. Full Postal Address :—

(0 House/Shop No. .

00 Name of Street/Road

(WO Name of locality and city

(iv) Name of State

3. Telegraphic Address :

4. Name of the Industry :—

(/) Address of location of Factory :

(W) End Products manufactured

therein . . ..

5. Date of establishment of business in

India

6. Nature of 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)

(0 In India (H) Abroad

9. Registration No. allotted to Income Tax Verification Certificate or Exemption therefrom by the Licens- ing Office

10. No. acd date of Registration Certi- ficate issued by the concerned Export Promotion Council/Commodity Board, (Fhotosiat ccpy of the Registration Certificate to be furnished).

LlCCofl&E/70—15

ANNE XURE IX Coma.

APPENDIX A—Contd.

11. Whether DGTD or SSI Unit.

12. Registration No. alloted to the applicant by the Director General of Technical Development (in the case of firms borne on the list of D. G. T. D. j/State Directorate of Indus- tries (in the wise of S.S.I. Units) or any other authority competent to register a unit as a manufacturer.

13. Treasury Receipt No, and date (TicuiUryReceipt to be attached in original).

PART n

1. Particulars of the Export Order &

Mode of Payment from abroad.

(I) Item/Items of Export covered by the Export Order/Orders.

(U) F. O. B. Value. (ill) Name of the Foreign Buyers and

the country of export.

(iv) Delivery period of export produ- cts covered by the export order.

(v) Whether any exports agatnst the exports order in question have already been made, if so, indicate the f. o. b. value thereof.

(vi) (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 D.A.,

or

2. (i) Whether the product to bo exported is covered by the list of Priority Industries,

(if) If so, whether the goods covered by the export order cannot be ma- nufactured out of applicant*! A.U./Quota Licence,

ANNEXURE DC Omtd.

APPENDDC 4—Contd.

(Hi) Full details of A.U./Quota licence/ or any other licence issued for the manufacture of finished products during the last three periods* (•Licences Issued under credits/ AID Loans and Rupee Sources or sepcial licences may also be mentioned).

Balance un-utilised Licensing Period

Value (C.I.F-) of goods im-

Description of gooda

AL/A

No. A Date and va]ue of Licences.

ported)

(iv) Whether the products to be exported arc covered by the Import Policy for Registered Exporters. (Please give the reference No. of the export products as indicated in the Red Book.)

(v) Import replenishment percentage admissible under the REP against the export order.

3. Particulars regarding value of Licence

applied for and previous advance

licences.

(1) ci.f, value of the licence applied

for.

(il) Description of the materials

sought to be Imported. (Please Indicate the complete des- cription quantity and c.i.f. value of each item desired to be imported, with S, No. and Part No. of I.T. C. classification in respect of each item.)

in the past?

(v) If so, whether the export obliga- tion against the licences is, still outstanding.

(a) Licence No. and date.

(b) Name of the licence issuing

authority.

APPENDDC A—Comd.

ANNBXURE Et—Contd.

(o) Ltoence-wiso value of tbe

export obligations fixed.

(d) Time-limit allowed for fulfill- ing the export obligation.

(e) Value of the export obligation already fulfilled against each licence.

(f) Reasons for not fulfilling the

export obligation,

(8) List of documents enclosed.

DECLARATION

1. I/We hereby deolaro that if this licence is granted, the goods will be utilised only for consumption as raw materials/components or accessories in our factory and thnt no DOrtion thereof will be sold to or perraited to be used by any other party.

2. 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 mo/ us oa 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 case if it is found that any of the statements of facts therein are incorrect or false.

S i g n a t u r e . - " _ _ ". „ „ _

Name in Block Letters _ _ ._

Designation_ ., „ „ „_„„„„_„__

Residential A d d r e s s - _ . _ _ „ _ _ . _ „ _ „ _ „_

Date

APPENDIX A—Cond.

(Para 123 of chapter V)

ANNEXUREX

FORM OF APPLICATION FOR AD HOC LICENCES TO TECHNICAL

CONSULTANCY FIRMS

1. Name of the applicant

2. Full Postal Address . . ..

(/) House/Shop No.

(It) Name of Street/Road

(///) Name of Locality & city •

(/c) 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, part- nership or Hindu Undivided family con- cern.

6. Name of Directors, Partners, Proprietors

or Karta as the case may be.

7. Details of Head Office of the applicant firm and its branches or associated companies (Name and location).

(0 In India . . . ..

(fl) 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. C.I.F. value in rupees of the licenced)

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. Full details of foreign exchange earning through technical consultancy services, should be furnished, in a separate sheet, item by item. Tho statement should be supported and the amount of foreign exchange earned certified by the Bank through which such earnings were received into this country).

APPENDIX 4— Contd.

ANNEXURE X—Contd.

12. List of items applied for, (Five copies of the list to be furnished)—Sepcrate sets of lists should be furnished for (0 items licensable by the Iron and Steel Control licensing authorities (it) items sought to be Imported from Rupee Payment Area.

13. Is a letter of authority desired? If so, name of the firm in whose favour it is desired.

14. The Customs House where the import

licence, if granted, will be registered.

We hereby declare—(0 that no other application for import licence has been made or will be made in future to the licensing authority, during the current li c ensing year; (ft)\bo statements made in this application are true and correct to the best of our knowledge and belief; (itt) if the licence is granted the goods will be utilised only in our office and no por- tion thereof will be sold or permitted to be used by any other party.

Wefully understand that any licence granted to us on the basis of this application 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 c;ise, If it to found that any of the statements of facts therein are inoorrcct or false.

Signature „ . „ — __

Name in Block Letter™ . _ _

Designation

. _ - _ „

Residential A d d r e s s „ _ „ _ _ ._ ,_ . „_

D"t"_"

APPENDIX—4—Owft/.

ANNEXUREXI

(Para 126 of chaptorV)

I I

PsitiadanofMacfa&KfTttassreqDirtdio beinported

a

I-H

C.I F.value

Remarks

Country of iroporl.

End use or purpose for which required.

Product exported & value of reple- nishment licence admissible.

S.No. Name & address of the manufacturer with SSIflXJlD Registration No.

Description of machinery &ITC S. No. (catalogue, desaiptive literature & proforma invoice to be sidosed).

Rs.

e I

§

o w o

I

APPENDIX 4—Gbtf*

I

(Part 114 of chapter V) ANNBXUREXII

s

BANK1 CERTIFICATE OF PAYMENTS

This is to certify that the following bills covering exports of

to foreign countries drawn by M/s have been negotiated and proceeds as given below received by as as per exchange control regulations in tbe approved manner. We also certify that payments thereof have not been received in non-convertible Rupee Account or undff any special bilateral trade agreement.

H EG m O

In case Amount GRI/

Date on

which the

Invoice Date of No. & date Exports

Date** on which

s. No.

Descrip- tion of goods exported

w o

Country/ Countries to which exports have been made

R O. B. vahie of goods as declared by tbe Exporters

payment was re- ceived by the Bank

Bfflof Lading, Postal Receipt and/or Airway Bill No. and date

S

proceeds of foreign exchange were a dually credited to the exporter's account

of part received PPForm payments in India No. and of the (in rupees) date Bill, the lot No. of tbe Invoice against which payments have been received

6

4

7

5

8

9

s s

z

;•

SO H r—^

P

4-H

APPENDIX 4— Contd.

(Para 127 of chapter V)

ANNEXURE XIH

•Office of the.... ,

Profonna to be filled by the Sponsoring Authorities in respect of Additional items recom- mended under the provision of Section I of Volume II of the Import Trade control Policy Book for April 1970-March 1971. .

1. Name of the Registered Exporter (Merchant-Exporter or Manufac- turer Exporter) . . ..

2. In case of nomination, name of the

nominee-manufacturer .

.3. Description of the Export Product or sub-group product or part, compo- nent, material for which he has been nominated . . ..

4. C. I. F. value of the licence claimed

or issued

5. Items recommended for import :

Description of Goods ITC Serial/

Face Value/quanti- tative restrictions, If

Sub-serial

any.

No.

(1) <2)

0) (4)

(a) Items indicated at S. No. (s)

a re required for manufacture of the exported product;

(b) Items indicated at S. No. (s) are required for manufacture of the part, component or material used in the manufacture of the exported product for which he has been nominated.

(c) Items indicated at S. No. (s) arc required in the process of manu- facture of the exported product.

(d) Items indicated at S. No, (s) are required for use as a packing material for the exported product;

(e) Items indicated at S. No. (s) are required for manufacture ofj! tools required in the process of manufacture of the exported product

(Strike out whatever is not applicable)

Tbis is to further certify :

(0 that the items are permissible to the Actual users under the current Import Policy in Volume I.

(W) that the items are permissible to the Actual users on a restricted basis, under the current Import Policy in Volume I.

Hif) that the items are permissible to the Actual user for Export Production only under the current Import Policy in Volume I.

ANNBXURE xm Contd.

APPENDIX b-Contd.

(Strike out whatever is not applicable).

Essentiality of the items Is also certified and there is DO objection to their import from

lndlgenottt angle.

Signatures

Name (in Block Letter*;

Designation

Office

No.

Date

Plus

APPENDIX 4—Omtd.

ANNEXURE XTV

(Para 1)4 or Chapter V)

I h fio"i Certificate of payment against sale of Carpets to Foreign Tourists

p

Tha is to certify that the payment against the following bills covering f.o.b. value of carpets made by M/S r

-. _ ... , „ .^ ...to the foreign tourist has been received by us as per exchaage control regulations in the approved manner. We also certify that payment thereof has not been received m Non-convertible Rupee Account or under any bilateral trade agreement.

Si. No.

Invoice No. ftdate.

Date of Exports.

Description ofgoods exported.

GRI/PP Form No. & date.

Amount received in India (in rupees) ,t

BiU of Lading, Postal receipt and/or Airway Bill No. & date.

F.O.B. value of goods as declared by the Exporters.

Date on which pay- ment was received by the Bank.

1

2

3

6

8

9

5

7

4

Signature of Manager/Authorised Officer of the Bank with Official Stamp.

NOTB—The Bank Certificate should be on the Bank's letter head and should bear the official Stamp of the Bank.

I I

I

S

AttfENDIX 4—doftfci.

(Parall7 of chapter V) ANNEXURE XV

in

Statement hdicctirg tie rtpknUltrtrA f a tinier t cgcintt icles cf gtsi crd jcweiUi? UebK to foreign tourists

Iton of sate

Remarks

Particulars of items per- mitted for import

Serial No.

i

©

Percenatage of import replenish- ment in terms of net realisation of foreign exchange

4

5 2

3

1

1 Drilled, bleached /unbleached processed/unprocessed or

polished pearls (real or cultured)

50%

L

2 3 4

Cut or polished diamonds . . . . .. Cut or polished precious or semi-precious stones Gold, platinum, palladium, silver-jeweliery studded with precious and semi-precious stones, diamonds, real or cultured pearls.

Rough diamonds, uncot, and unset, precious or semi-precious stones, uncut and unset, pearls real or cultured, rough synthetic stones (other than red or white varie- ty), other imitation stones.

1. Within the overall replenishment percentage mentioned in column 3, 10 % of entitlement be utilised for import of permissible machinery, equipment, testing apparatus, tools and imple- ments for actual use as required by gem and jewellery industry and as per- missible to actual users and subject to essentiality certificate from compe- tent authority.

2. The value of the base metal e.g^ gold, silver, platinum and palladium,, will Jbe excluded in computation of value for replenishment.

33-1/3%

5

Glass beads, false pearls, rough synthetic stones other than red or white.

/miwtion Jewellery, all jewellery ot gold, platinum, palla- dium and silvw studded with glass beads, false pearls, imitation and synthetic stones.

3. Upto 1 % of the entitlement may be utilised for import of samples, illus- trated catalogues, pictures, albums and mailing lists.

I—I

(APPENDIX M^Krf.)

ANNEXURE XV—Cantd.

I

5

3

4

1

2

I—Ii,

Rough synthetic stones

6 Cut or polished synthetic stones .

. . 25%

4. The import of any one of the items Fir., diamonds, precions stones, pearls, synthetic stones, and imitation stones should not exceed half of the total entiUement in respect of those items where total entitlement is of tbe level of 50%.

p

5. The sale of gold jewellery will be subject to such general or special res- trictions as are imposed by the Gold Control Administration and the Re- serve Bank of India.

g

6. In tbe 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 replenish- ment will be 33-1/3% and the items permitted will be as for imitation jewellery.

3

3

APPENDIX 4—Contd.

Para 121 of Chapter V

ANNEXURE XVI

Form of application for "on Account" licences

Licensing period.. .. ..^.,

,(A) Particulars of the Applicant.

1. Name of the Applicant

2. Full Postal Address

(i) House/ Shop No.

(ii) Name of Street/Road

(ili) Name of locality

(iv) 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. Registration No. allotted to Income- tax Verification Certificate or Exemption therefrom. -

9. F.O.B. value of exports made by the applicant in the preceding year in respect of export products in the specified product groups as per relevant policy (Attach •tatement as required as per relevant policy)

10. C.I.F. value of import licences received by the applicant under the Import policy for Registered Exporters during tho pre- ceding year whether as a manufacturer exporter, or as a nominee-manufacturer, against exports of products falling in specified product groups as per relevant policy (Attach statement as required as per relevant policy) . . ..

11. List of items applied for import (6 copies

of the list to be furnished) .

12.(o) Total cif. value applied for

(h) C.I.F. value of canalised items if applied for (Indicate value separately for for each item)

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 lice-

nce, if granted, will be registered .

APPENDIX 4— Contd.

DECLARATION

ANNEXURE XVI—Contd.

I/We hereby declare that the particular* and statements made In this application are

true to the best of my/our knowledge and nothing has been concealed or held tterefonn.

I/We hereby undertake that any licence granted on the basin of this application

shall be liable to cancellation without prejudice to any other action that may be taken in

this behalf, If any information furnished in thii application it found to be wrong or Incor-

rect or misleading.

Signature

Name in Block Letters

Designation

Residential addrctt _

•Dated

APPENDK-4—Contd.

(Para 123 of chapter V)

ANNEXURE XVH

PROFORM4 OP ABSTRACT OF THE EXPORT CONTRACT

1. Name of the Registered Exporter

2. Registration No & date issued by the

Export Promotion Council/ Com-

modity Board . . ..

Description

Value of each

Overseas buyer's

Terms of

payment

of produces)

name with

Date of

contract

Details of

delivery

periods

to be

produces)

to be

- exported

exported