Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 89] NEW DELHI, MONDAY, APRIL 16, 1973/CHAITRA 26, 1895

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

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi the 16th April, 1973

SUBJECT:—Licensing conditions fur the U.K./India Mixed Project Loan, 1972.

No. 55-ITC'(PN)/73.—The terms and conditions governing the issuance of import licences under the "U.K./India Mixed Project Loan 1972" as given in the Appendix to this Public Notice are notified for the information of the trade.

APPENDIX

LICENSING CONDITIONS FOR THE U.K./INDIA MIXED PROJECT LOAN 1972 1. General conditions

1. The import licence will bear the superscription "UK/India Mixed Project 1oan 1972". The two suffixes after the licence number in the licence code will be S/KK.

2 No remittance of foreign exchange will be permitted against the import licence, except UK Bank charges which may be remitted through normal banking channels. Any payment towards Indian Agent's commission should be made in Indian Rupees to the Agents in India. Such payments, however, will form part of the licence value and will therefore, be charged to the licence

( 477 )

3. The licence will be issued with an initial validity period of 24 months. This period can be further extended if there is adequate justification to do so. Firm orders on C. I. F. or C & F basis must be placed within four months from the date of issue of the import licence. If orders cannot be placed within four months for valid reasons, the licence should be submitted to the licensing authority during ^ th moHth giving the reasons for the delay in placing orders, indicating the date by wtfeh orders would hee placed and seeking extension in the period for ordering, as necessary. Such requests will be considered on merits by the CCI & E in consultation with the Ministry of Finance (Department of Economic Affairs) where necessary. (// should be noted that unless ordering is completed within 4 months or the extended period allowed by the licensing authority in any case, (he authorised dealers in loreign exchange will not permit establishment of Letters of Credit, or deposit of rupee equivalent.)

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

II. Special points to be incorporated in the order/contracts or otherwise kept

in view.

1. Whilo placing orders/contracts which must be placed only on supplied in the U.K., (which expression includes the Channel Islands and the Isle of Man), the licensee must ensure by a provision in the same that the goods purchased arc or will be wholly or mainly produced or manufactured in the United Kingdom, or in the case of chemicals and allied products arc declared to be of U.K. origin on, the form attached as Annexure II(B). When the Contract also provides for works and services in connection with the purchase of such goods, it must similarly be ensured by a suitable provision therein thai such works and services are or wil) be provided by persons ordinarily resident or carrying on business in the U.K. (II should W, noted that the supplier/contractor will have to sign a Contract Certificate as provided in Section ft below, indicating the non J.K. content, if any, of the goods to be supplied or in the case of chemicals and allied products, declare them to be of U.K. origin). The non-U.K. element, if any, should not exceed 20 per cent of the F.O.B. value of tho contract, as otherwise the contract mav become ineligible for financing under the U.K. Loan. If ihe non-U.K. clement is likely to exceed the limit of 20 per cent of the F.O.B. value of the contract, this should be brought to the notice of tho Department of Economic Affairs (Controller of Aid Accounts), leevan Deep Building, 10-Parliament Street. New Delhi and llrm commitments should be entered into only if the Department of Economic Affairs agree.

2. A clause should specifically be included in the contract to the effect that the con- tract is subject to and will become effective only on approval by the Government of India and the U.K.

3. The documentation lcquircmcnls mentioned in the Section TIT and V below and the Payment procedure laid down in Section TV below should be kept in view and should be appropriately incorporated in the contract.

ITT. Contract acceptance: (Notification of Contract and Amendments thereto)

1 Immediately on placement of orders on the British Supplier, the Indian importer should furnsh copies of the contract to the Administrative Ministry and the Ministry of Finance Within a fortnight of approval of contract by the Government of India in respect of each order placed on the foreign supplier, the licensee should forward four copies of the contract or notification of contract (in the form attached as Annexure D accompanied by five copies of the "CoTitnwt Certificate" fin the form attached as Annexurc IT or Annexure 1KB) as is appropriate) duly signed by tho U.K. supplier, to the Controller of Aid Accounts, Department of Economic Affairs, Ministry of Finance, Jecvan Deep Building, 10-Parliament Street, New Delhi.

N B — As no payments can be made the contract is duly approved by the U.K Gov-

ernment ' It is most imperative for the licensee to ensure that copv/s of con-

tract/notification of contract along with supplier's Contract Certificate .ire for-

warded to the Ministry of Finance .Controller of .lid Accounts, Jeevan De?p

Building, 10-Parliament Street, New Delhi in the rnavner stated above at the

earliest.

"> While forwarding the above documents to the Ministry of Finance, it must be ensured by the licensee" that the number and date of the import licence and the name of the Credit are clearly noted in the documents.

3 The Ministry of Finance, will arrange through the Chief Accounting Officer, High Commission of India, London to file a set of the documents with the U.K. Government

for obtaining thoir acceptance to the payments under the contract being made out of the U.K. Credit. As soon as possible after the decision of the U.K. Gov- ernment is known, the U.K. Supplier as well as the. licensee will , be informed of the same diroct by tho Chief Accounting Officer High Commission of India, London, under advice to the Ministry of Finance.

%rf at any lime, a contract (bein^ a contract in respect of which, acceptance of U.K. Government has been obtained or is pending) is amended, or if liability is to be in- curred thereunder to a greater amount than the amount specified in the contract certi- ficate, the licensee should obtain the approval of the Government of India and thereafter promptly forward the relevant supplementary or revised documents, copies of amend- ments to the contracts mi;I revise,.; "Contract Certificates" to the Controller of Aid Ac- counts, Ministry of Finance, Department of Economic Affairs, in order to enable him to notify the same lo the U.K. Government and io obtain their acceptance. _ \s soon as acceptance to an amendment to the contract/order is received from the U.K. Government the licensee and the Ministry of Finance will be notified by the High Commission or India, London in ihe same manner as for the original contract.

5. If, in any case, the contract is with the Indian Agent of the foreign supplieis, it should indicate tho name of the U.K. supplier to whom payment is to be made for the sterling portion of the contract, which alone will qualify for payment under the U.K. Loan. Copies of such contracts (or oif contracts placed by Indian Agents with U.K. Suppliers, if there are such separate contracts) should lie sent as prescrinerf above.

IV, Payment to U.K. Suppliers- -Letter of Credit Procedure

N.B —The payment- procedure normally applicable is laid down below. In special cases a different payment procedure may be laid down and in that case the import licence will be issued biibjccl to such special procedure).

1 Aftei receipt of. intimation regarding Contract Acceptance from C.A.O., High Com- mission of India london (vide Section Til above), the licensee should apply to the Con- troller of Aid Accounts, Ministry of Finance, Department of Economic Affairs, /eovan Deep Building, 10-Parliamcnt "Street, New Delhi for * Letter of AMhomation to any of the Exchanee Banks in India for opening Letter of Credit in favour of the U.K. Suppliers with one of the correspondent banks in the U.K. The request for the Letter of Autho- risation should he in the form given as ANNHXURE III and should be accompanied by a Bank Guarantee (in [he form given in ANNEXIJRE TV) obtained from an authorised dealer in foreign exchange in India. The B.mk Guarantee should be for an amount not less than the rupee equivalent of the value, in slerlinp of *e reposed Letter of Authority The composite rate of conversion as per lair Ministry of Foreign Trade Public Notice

">.t;fi<.rf HV th,- r r i AE through pubic notices from lime to time arid tij me Kescr^

N°"i2?ites s rs s/sss s s" a s"* ?-d BF¹-²

{ i S i ng its siibsi^icries^ or -.ny Ttonch .rf any of the Nst^nal.sed Banks.

•x Th^ TWtpr of Credit should be opened within a month from the date of issue o?

the documents detailed in Section V below; should contain adequate instructions regard- ing the- despatch of documents after payment and should! be opened subject to the con- dition that the correspondent Banks in the U.K. would, after making payments to the beneficiaries initially out of their own funds, obtain reimbursement therefor from the Slate Bank of India, London, through the Chief Accounting Officer, High Commission qjt Ircdin, London. The Indian Exchange Bank's instructions regarding the opening of Letter el Credit must accord completely with the Authorisation issued by the Ministry of F'iiance. There should be no discrepancies in any respect.

4. The Letter of Credit should be clearly marked with the Loan titlt ami wilh the U K. Authorities' Contract Approval Number.

V, Documentation

I The importer is responsible to see that the V.K Supplier completes and submits the documents detailed below to the U.K. Bank at the time of claiming payment for the goods supplied

li) The original invoice, with four photo copies or copies by any other process.

The invoice should show the" name and address of the importer, quantity and detailed description of each item supplied, sales price for each item reflecting all trade discounts, the basis of delivery (F.O.B., C&F., C.I.F. & F.A.S.) and the sterling cost oi' any incidental services including delivery services or marine or transportation insurance.

(ii) One copy (or photostat) of ocean or charter Bill of Lading or airways bill or Parcel post receipt. (The Bill of Lading shall indicate the carrier's statet- ment ol charges in whatever currency it is paid).

(iii) Four copies of (he piyment certificate in the form given in ANNEXURE V [not required in respect of Contracts for which a contract certificate (Chemicals) in the form given in ANNEXURE TT(B) has been provided.1 For this purpose, five blank forms of the payment certificate in the pres- cribed form should be attached to the letter of Credit for completion by the Supplier at (he lime of obtaining payment.

F"ch document must show the lwn number, details of import licence, and if possible, the particulars of the \ ettcr of Credit Authorisation issued by the Ministry of Finance,

2 While opening Letters of Credit, thct authorised exchange Bank in India will, on hehaif of the importer, take care to incorporate necessary conditions in the Letter or Credit and ensure that the above requirements of documentation are noted and complied with by the UK. Suppliers.

1 After payment is made to the U.K. suppliers, the Correspondent Bank in the U.K. W;il send bv Air Mail the original negotiable set of documents to the Ind.an hank^ con- cerned (The Indian Bank will remit th? bank charges to the U.K. Ban!, and recovei the s C e f ^m tie importer) Simultaneously the U.K. Bank will claim the. reimbursement of the • rooun s% ,?d by it to the U.K. suppliers from the Chief Accounting Officer, Hifth C o m mS of Ind'a London and will submit for this pujpose invoices .received fromthP SE andI uJwncnt certified as in ANNEXURE V where required. The Chief Accoimtinu Officer, High Commission of India, will arrange payments to the U.K. Bank through the SUte Bank of India, T ondon.

VI. Indian Banks Responsibility for Rupee D.-rosits

1 Within 7 (seven) dav, of the iTceipt of tho advice of payment along with <*toHns

from the imports, the cost of imno.t '^ iup.es at Hw comp & ^ cribed for tins purpose from time to time by the Chief LOI^ 1O-1TC(PN)/71,

K ^ ^ r t n^ #%%$*£$ f h e ^ r ' B^ to the date of deposit of the I P ^ .- equivalent into the Government Account.

V The amount referred to above should ^ j J ^ ^ ^ a ^ r t W I t ^ nk

drawn on and in favour of the State Bank of India, Tis Hazari Branch, Delhi. There- after, the treasury challan evidencing the deposit should be sent by registered post to the Controller of Aid Accounts, Ministry of Finance, Department of Economic Affairs. i:evan Deep Building 10-Parliament Street, New Delhi indicating references to and inclosing copies of the invoices/shipping documents and the authorisation of that Depart- ment to which the transaction relates. Tlv Indian bank concerned shall also arrange to deposit in the same manner such additional amounts on account of service charges ai may be demanded by ikt; Government of India, within 7 (seven 1 days after such demand. The licensee should also fill in, in duplicate, the Form LS" incorporated in Annexurc If of the late Ministry of Hoie'gn Trade Public Notice No. I84-JTC(PN)/6H. dated 30t!i August, 1968 and present th; same to their Bank while arranging for rupee deposits i.i .accordance with the procedure prescribed in the said Public Notice.

.3. The amounts including interest charges to be deposited to the Credit of the Go\cin- inent of India shall be creditable under the Head of Account.

"Section T—Deposits and Advances—Part II—Deposits—Deposits not bearing interest—(C)—Other Deposits Accounts—Civil Deposits—Deposits for Purchases Abroad fiom the U.K.—Purchases under U.K. Loan—Purchases under the UK/Tudia Mixed Pmjru I Ohn T972."

.and the Accountant General, Cential Revenues, New Delhi shall be shown as the Accounts Officer who will adjust these credits.

4. After the obligations in terms of the Bank Guarantee and the Letter of Credit Authorisation issued by the Ministry of Finance are fulfilled, the Indian Bank conccrneJ can apply to the Controller of Aid Accounts, Ministry of Finance, Department of Econo- Affairs, Jecvan Deep Building, lO-Parliament Street,. New Delhi for the release of the Bank Guarantee. The application must be made by the Indian Bank concerned (not. by the importers) and must be in the form laid down in ANNEXURE VI.

VII. Reports- on the utilisation of the Import LU-cntc

A quarterly report, in the¹ fonn attached as ANNEXURE VII, showing the utilisation status of the licence, should be furnished jn the 15th of the month following the quarter to the Ministry of Finance, Department of Economic Affairs (WE II Section) New De'lii, with a copy :lo the Ministry of Industrial Development, Foreign Exchange Section. I'd log .Bhavan, New Delhi.

VIII. Miscellaneous Instructions

1. Refunds from U.K. Suppliers If any money is received by the licensee from th;

U.K. Suppliers or a Guarantor (insurance company etc.) as a refund or in settlement of insurance claim or othciwi.se. such amounts should be refunded by the supplier to the concerned corresponding hank i:j the U.K. (from which the payment was initially made to the supplier) with instruction to refund th; amount immediately in turn, to the Chisf Accounting Officer, High Conimssion of India, London, for crediting the loan Account. After the loan account is so credited, an equivalent amount in rupees will be arranged to be refunded to the importer by the Ministry of Finance, upon receipt of a claim therefor from the importer. If any refund is received after the closure of the loan, the same uid have to be made by ihe Supplier direct to the importer.

As and when -my such refund is received, a report thereof should he made to lit; Ministry of FinancL with a copy to the Ministry of Industrial Development, Foreign Et- change Section, X^dyog Bhawan, New Delhi.

2. Notifying suppliers of Special Conditions.—The licensee shoul.l apprise the Suppli:" of any Special provisions in the import licence which may affect the suppliers in carrying out the transaction.

3. Disputes,—It should be understood that the Government of India will not under- take any responsibility for disputes, if any, that may arise between the licensee and the "uppliens.

A. Future Instructions.—The licensee shall promptly comply with any direction*, instructions or orders issued by the Government regarding any and ail matters arising from or perlaininij! to the import licence and for meeting ull obligations under the Credit Agreement.

<. Breach or violation.—Any breach or violation of conditions set forth in the above clauses will ult in appropriate action under the Imports and Exports (Control) Act, 1947 and the orders "d thereunder.

rea issi

IX. List of Annexwes by titles

    ANNEXURE  I          .  Notification  of  Contract.
2.  ANNEXURE  II         •  Contract  Certificate.
    ANNEXUREII(B)        •  Contract  Certificate  (Chemicals).
3-
A.  ANNEXURE  III        •  Form of Application for letter of Credit  Authorisation.
•t*
    ANNEXURE  IV         •  Form  of  Bank  Guarantee.
5.
6.  ANNEXURB V           .  Payment  Certificate.
    AWNFXURF VI          •  Form  of Application  for release of Bank  Guarantee.
7-  ANNEXURE VII         .  Monthly  Report  on  ordering  and utilisation of the Import  Licence1
s.

ANNEXURE I

NOTIFICATION OF CONTRACT

UK/INDIA MIXED PROJECT LOAN 1972

.

The Crown Agents /or Oversea Governments and Administrations, 4, Millbank, London SWi. *'

Project * —

Notification of Contract No.' • •• • —

The following are details of a contract under which it is proposed that payments shall be made in accordance with the terms and conditions of the above loan. 1. Name and address of United Kingdom

Contractor 2. Date of Contract 3. Name of Indian Purchaser 4. Short description of goods and/or works or

services.

"

5. Value of Contract :

' "

6. Terms of Payment. g .^ ^ b c h > lf rf ^ G o v e r n m e nt of I n d i ft

T~)ntp.

ANNEXUKE II

UK/INDIA MIXED PROJECT LOAN 1972

CONTRACT CERTIFICATE

Particulars of Contract

1. Date of contract 2. Contract No 3. Description of goods or services to be supplied to the purchaser

If a number of items are to be Buppliedj a detailed list should be appended to this certificate. 4. Total contract price payable by purchaser (state CIF, C&F, or FOB) £

If goods are to be supplied the following sections must be completed.

If the contractor is exporting agent only, the information requested should be obtained from manufacturer.

5. Estimated^ of the FOB value of the goods not originating in the United Kingdom, but purchased by the contractor directly from abroad i.e. % of imported raw material or components used to manufacture

(a) % FOB value

(b) Description of items and brief" spccificaiiuns

fi. If any raw material or components usid originated fiv.n abroad e.g. copper, asbestos, cotton, wood pulp, etc, bur haw b?en purchased in the Uniled Kingdom by the contractor for this conn-act, specify :—

fa) % V.O.B. value

(h) Description of ilemi and brief specifications

IF SERVICES ARE TO BE SUPPLIED, THE FOLLOWING SHCTION SHOULD ALSO BE COMPLETED.

7. State the estimated value of any work to be done or services performed in the purchaser's country by :—

(a) Your firm (site engineer's charges, etc.)

(b) Local contractor

8. Qualifying remarks as necessary in respect of paragraph 5, 6 or 7 above.

9. I hereby declare that I am employed in the United Kingdom by the Contractor named below and have the authority to sign this certificate. I hereby undertake that in performance of the contract no goods or services which are not of United Kingdom origin will be supplied by the Contractor other than those specified in paragraphs 5, 6, 7 and 8 above.

NOTE:—For the purpose of this declaration the United Signed

Kingdom includes the Channel Islands and the Isle Position held of Man.

Name and address of

contractor

t

CONTRACTORS SHOULD NOTB THAT GOODS SHOULD NOT BE MANUFACTURED UNTIL

ACCEPTANCE HAS BEEN NOTIFIED.

Date

POR OFFICIAL USE ONLY.

Name or number of Project

PAYMENTS

Amount Date of Acceptance : Committed. Entry. Date Initials. Date Amount PA No. Initials

ANNFXURE II (B)

UK/INDIA MIXED PROJECT LOAN, 1972

.CONTRACT CERTIFICATE FOR CHEMICAL AND ALLIED PRODUCT^

ONLY

A. Dace of Contract Contract No

Licence No DATE

2. Description of Product U.K. Tariff Is the Product of U.K- [$) to be supplied to PRICE Classification No. origin ? Purchaser.

(.See Note C) (Note A)

(Note B) State 'Yes' or 'No'

3. Total/estimated/ J in tract price payable by Purchaser in Sterling—£

4. (Declaration) I hereby declare that I am employed in the United Kingdom by the Contractor named below and have the authority to sign this Certificate and that the ahove informa- tion is correct.

Signed

Position held

Name and Address of Contractor

Date

NOTES

A. This form is only to be used for chemical and allied products, most of which are covered by the appropriate sub-headings of Chapters 15, 25, 2E-35 and 37-40 of the U.K. Tarili.

B. SEE

iij II.M. Customs & Excise Tariff H.M.S.O.

t'ii) Classification of Chemicals in Brussels Nomenclature H.M.S.O.

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

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

(iii) For the purposes of this declaration it is to be emphasised that the "altcrnutive percentage criterion" does not apply.

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

(v) For the purposes of this declaration, the "Basic Materials List" (Schedule III of the EFTA compendium! does not apply.

(vi) If a^qualifying process is not listci for th; material in question, advice should be sought from me Government of the United Kingdom.

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

ANNFXL'Rli I II

FORM OF APPLICATION FOR LETTER OF CREDIT AUTHORISATION

to

The Controller of Aid Accounts, Economic Aid Accounts Section, Ministry of Finance, (Department of Economic Affairs) Jeevan Deep Building, Parliament Street, JSFew Delhi.

SI'UJECT :—Import of

from

U.K. under U.K./India Mixed Project Loan, 1972.

Sir,

In connection with the import of

from U. ^. against the above U.K. Loans, we furnish the following p-irlicuhrs 10 enable you to issu: us authorisation for opening a Letter of Credit through our hankers on the U.K. Bank designated by you :—

(a) Particulars of Import Licence :

No. it" Date I 'cdue (/?(.) Date upto which valid-

(b) Sterling value of licence.

(Calculated at £ 1 per Rs. 18 963) or such orh:r "cintral rat^" a< may be notified by Government of India and/or Reserve Rink of India from time to time.

(c) Sterling value of the orders placed lor which authorisation is required specifying the name ; and address of the U.K. supplier/-;uppliers and the amount/s of authorisutior required separately against each sappli-r ytopy of ord:rs placid and U.K. suppliers' acceptance thereof to be attached).

(d) Name of U.K. Correspondent Bank on whom th; L;tt;r o.' Credit h to be established. (ej Name of the Indian Bank which has furnished the Bai'c Gjiramec and which wil open the Letter of Credit.

" The Bank Guarantee famished by

a:iJ which

(Nam: of Bink)

has been duly adjudicated by the Collector i 1 .i.-jjrdin;: wnn t.i: p:j.Ti

Yours faitli fully,

(.Signature of the Licensee nnd lull Address)

ANOT.WKE IV

FORM OF BANK GUARANTEE

To

The President of India, Through Secretary to the Govt. of India, Ministry of l-'inancc, Department of Economic Affairs, New Delhi.

. Sir,

In consideration of the President of India hereinafter referred to a" 'the Government' having agreed to arrange for payment in foreign currency of ihe price of goods lo bu imported by

* (i)

Ind v d jal/partners.

(ii) wor.d.ig under the name (iii) ...............1 ani style of M/s

fName(s) & Addressi es 1]

•Messrs a co.n-urr hiving in rigist^vi o.fij: at.

in the State of h;rei 1 liter r^i.-rred to a M- fn,pjfu-r,'¹ iiij-r Import . Licence No ._ , .. dateJ granted Jor

rupees. W;v. . hereby gjai-^iice thut we shall urraiige'

depcfit to the credit of the Government in the Reserve Bank of India, New Delhi/State Bank of India, Tis Hazari Branch, Delhi or bv means of Demand Draft Drawn on and in favour of State Bank of India, Tis Hazari Branch, Delhi, (for Credit to the Central Government Account) to be forwarded to the said Tis Hazari Branch—

(i) within seven days of the receipt of advice of payment with shipping documents, from" the UK Banks, of rupeee equivalent of the invoiced price representing the sterling disbursements made by the UK Banks, under the letter of credit authorisation issued by Ministry of Finance, at the composite rate of exchange prescribed for this purpose by the C.C.I.&E., which vicfe late Min. of Foreign Trade Public Notice No. i5-ITC(PN)/72 dated 28-1-1972 read with Public Notice No. ro8-ITC(PN)/72 dated 21st July, 197^ at present is £1 Rs. 19-06 until further notified through Public Notice, or by the Reserve Bank of India through Exchange Control Circulars to the Authorised Dealers in foreign exchange, along With interest thereon at six per cent per annum from the date of payment to UK suppliers to the date of deposit of rupee equivalent and UK Bank Charges.

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

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

3. We, agree and undertake riot to release shipping documents to the Importers until after the rupee equi alent as aforesaid and the other dues, if any, as demanded by Government are deposited to the credit of the Government.

4. We, agree and undertake not to revoke this Guarantee during its

currency except with the privioas c^isent of the Government in writing.

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

6. The Go 'eminent shall have the fullest liberty without affecting this guarantee to vary any of the terms of the Import Licence detailed above or to extend the time for payment by the Importers from time to time or to postpone for any time and from time to time any of the powers exercised by the Government of the liberty with reference to the amount of aforesaid or any reason of any such variation or extension of time being given to the Importers of any forbearance, act or omission on the part of the Government of any indulgence by the Government to the importer or uy any of the matters or things whatsoever which under the law relating to sureti s shall but for this provision have the effect of so releasing us Bank from our such liability.

Our liability under this !>o id, gurantee is restricted to Rs

(plus interest and service charges as aforesaid) and it will remain in force till the * * . . . . . .' day of (month¹ 197 W~ also undertake to make such additional deposits as may be fv^ssary in terms of late Mil. of F.T. Public Notice No i5-ITC(PN)/72 d~i'\: 28-1-197-: r.-.u1 with Public Notice N >. r->8-ITC(PN)/72 dated 21st July 1972 or as nnti.ied from tim* to time. Unless claims undo- t'l; bond/guarantee are made in vriting withi;. SA month- iv" tt,i_. date and unless a suit or 'ictiori to enforce these claims is commenced withi" .;• .mer six .T.M,:, I" thereafter i.e. upto all Government's rights undi this bond/j- • antee sKu! !.; torefeited and we shall be relieved and dischargad from all liability thereund-

Yours faithfully,

Signature of t i; Authorised Plac Dati

Officer of t a Bank & Bank's lull address.

(T e Bank Gu. -• - is jo I-. ..xut-.-don a inw-ju.-iirial stamp pavtr, the vilue of the stamp beii adjudicated f— Colie.. .<, ," Section >i of the Indian Star. Act, i8y

.trike out > • . -p. •: ~h\

"his datr - • .'i-i-. • . - • ".r.-ihiij o.ie r.tontn t."the . . t - ,w which all payments are xpected t" ;'ial).-,i..

ANNEXUKE V

U. K./INDIA MIXED PROJECT LOAN, 1972

PAYMENT CERTIFICATE

I hereby certify that

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

Contractor's Invoice No. Date Amount Short description of goods/

works and/or services.

(ii) the amounts specified in paragraph (i) do not include any additional foreign content to that declared in Paragraphs 5, 6 or 7 of the contract certificate,

(iii) I have the authority to sign this certificate on behalf of the Contractor named below.

Signed

Position held

For and on behalf of

Name and addresB of Contractor

Date

NOTI¹ :—For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man.

ANNBXURE VI

FORM OF APPLICATION FOR RELEASE OF BANK GUARANTEE

To

The Controller of Aid Accounts, Ministry of Finance, Department of Economic Affairs, Jcevan Deep Building, lO-Parliament Street, New D4hi.

Sir,

We are furnishing below detailed information on the rupees deposit made by us in discharge of our obligations under Bank Guarantee No dated for an amount of Rs with the request that the same may be released and returned to us.,

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

2. The Import Licence No., date, value and brief description,of the commodities allowed for import thereunder.

"j. Ptirticalin of tli: nstinon(,s) ror opening Letters of Credit obtained from the Ministry of Finance.

(a) Letter No. and date. (b) Amount of authorisation. (c) U.K. Loan No.

4, Particulars of Imports and rupee deposits made (to be given separately for each Letter of Credit Authorisation).

(a) Particulars of Letters of Credit opened (No., date, value ant* the supplier's name), (b,) Invoice No. and date relative to each Letter of Credit.

(c) Amount of Invoice (net) in sterling. (d) Amount of rupee deposit. Je) Relative challan No. and date and the name of Treasury/Bank. ff) If by demand draft, No, and date of the demand draft and the No. and date of the c Letter with which the draft was sent to the State Bank of India, Delhi.

5. Amount utilised and balance unutilised (sterling') in each Litter, of O i i it Authorisation.

II. We certify that—

(1) *The balance amount of £ available in the authorisation^ given by the Ministry of Finance has not been utilised/will not he utilised.

OR

Mo Letter of Credit was opened under the autiurmtin'sl anJ the auth3risatioti($) lapsed.

OR

The Letter of Credit was opened against the authorisation Ietterfsi expired unutilised; and

.(?) Our obligations under the bank guarantee in question have b en duly discharged.

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

Yours faithfully.

Authorised Agent for Hnd on behalf of the Bank,

•whichever is applicable.

ANNEXURE VII

FORM OF UTILISATION REPORT IN RESPECT OF

U.K./INDIA MIXED PROJECT LOAN, 1972.**

Utilisation report for the period of isf April to 30th June

1st July to joth September

ISC October 10 Jist December

1st January to 31st March

(**Thc portion not applicable will be delete.!. The report will be ivnd_Tv-d and m-aibbility at the end of the quarter by the 15th of the mjnth follovvingjthe quarter)

(to be furnished separately in respect of each licence")

f. Name of the Importing Firm, a. Particulars of U.K. Credit.

JJ. No. and Date of the Import Licence

and the date upto which it is valid

4. Value of the Import Licence.

(Both in rupees and Sterling)

,5. Value of the complete contracting No. and date of Value No. and date of L.IA documents forwarded so far to the Contract and the in issued by CAA or Ministry of Finance (Please give name of supplier. £. of transmission to details of contract Nos. and Value CAO for approval of No. arid dates of authorisations, ODA. issued b,y Controller of Aid Accounts).

(i) (_ii)

Total :

5. Payments made to the U.K. Name of suppliers - Total amouir p.i I si •suppliers (up-to-date).

Sterling

(iii) Total :

7. Payments yet to be made in respect of the contracts already approved. The year ft the ouarters m which the pnymcr.'s are likely to be made may be indicated.

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

9. Surrenders, if any.

Signature of the authorised' Officer of the Importing Firm:

S. G. BOSE MULL1CK.

Chief Controller of Imports & Exports,

.tfrA^Mtefrij, WdS 498 THE GAZETTE OF INDIA fQXTHAOBDINA&y [PAHT t—SEC. 1] TAnx I ~ S B C . 11 THE GAZETTE OF INDIA EXTRAORDINARY 499 5©o THE GAZETTE OF INDIA EXTRAORDINARY [PART? I—SEC 1] [PAHT I—SEC.1] THE GAZETTE OF INDIA EXTRAORDINARY 501 5Q2 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SffiC. 1] [ P A R T ' I ^ - S E C I] THE GAZETTE OF INDIA EXTRAORDINARY 503 <04 A'HiS GAZETTE OP INDIA EXTRAORDINARY [PART I—SEC. 1] [PART I—SKC.1] THE GAZETTE OF INDIA EXTRAORDINARY 505

PRINTED BV THE MANAfiKR, GOVEMNMENT OF INDIA PfiKRS. MINTO HOAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 73