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

may

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

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

the

Agents in India.

Such payments, however, will form

part of the licence value and

will therefore, be charged to the licence

( 477 )

478

THE GAZETTE OF INDIA EXTRAORDINABY

[PAST I—SEC. 1]

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 ^ t h

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

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

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

[FART 1—Sac 1J

THE GAZETTE OF INDIA EXTRAORDINARY

47S>

for obtaining thoir acceptance

to the payments under the contract

being made out

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

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

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,

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

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 A E

through pubic notices from lime to time arid tij me Kescr^

N°"i2?ites s r s s/sss s s « a s«* ?-d BF 1- 2

{ i S i n g 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

480

1HE GAZETTE OF IlsDIA EXTRAORDINARY

[PART I—Ser. TJ

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 m S of Ind'a London and will submit for this pujpose invoices .received fromthP

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 ^ #%%$*£$ fhe^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 ^ n k

T^ART I—SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

481

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.

4 ^{8 2}

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 1]

rea

issi

•t*

<. 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.

IX. List of Annexwes by titles

ANNEXURE I

. Notification of Contract.

ANNEXURE II

• Contract Certificate.

ANNEXUREII(B)

• Contract Certificate (Chemicals).

ANNEXURE III

• Form of Application for letter of Credit Authorisation.

ANNEXURE IV

• Form of Bank Guarantee.

ANNEXURB V

. Payment Certificate.

AWNFXURF VI

• Form of Application for release of Bank Guarantee.

ANNEXURE VII

. Monthly Report on ordering and utilisation of the Import Licence¹

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

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 > l f rf^{^}

G o v e r n m e n t o f

I n d i f t

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

[PART I—Srr 11

THE GAZETTE OF JNDIA EXTRAORDINARY

483

(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.

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

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

484

THE GAZETTE 6 F INDIA EXTRAORDINARY

[PART I—SEC. 11

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

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'

Total/estimated/ Jin 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.

'[PART I—SJCC.1]

THE GAZETTE OF INDIA EXTRAORDINARY

485

ANNFXL'Rli

III

FORM OF APPLICATION FOR LETTER OF CREDIT AUTHORISATION

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

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.

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<ijn ov Section 31 o

the Stamp Act, 1899, is attached.

Yours faitli fully,

(.Signature of the Licensee

nnd lull

Address)

ANOT.WKE

FORM OF BANK GUARANTEE

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'

486

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 1J

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

without demur such sum not exceeding

,. .rupees (plus interest and service

charges as aforesaid) as may be demanded by the Government in the event of the importers

failing or neglecting to make any of the 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

Officer of t a Bank & Bank's

Dati

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..

.<, ,<ccoidance viih the provii-nm* •>» 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..

[PART I—SKC.1]

THE GAZETTE OF INDIA EXTRAORDINARY

487

ANNEXUKE V

U. K./INDIA MIXED PROJECT LOAN, 1972

PAYMENT CERTIFICATE

I hereby certify that

(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

a n d.

a r e

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

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

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: <mtii_>nstinon(,s) ror opening Letters of Credit obtained from the

Ministry of Finance.

(a) Letter No. and date.

(b) Amount of authorisation.

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.

^88

THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. 1]

(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

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 Oiiit 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.

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

lapsed.

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")

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

issued by CAA or

Ministry of Finance (Please give name of supplier.

£.

of transmission

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 :