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REGISTERED No. D. Ml

The Gazette of India

EXTRAORDINARY

PART I—Section I

PUBLISHED BY AUTHORITY

No. 181] NEW DELHI, TUESDAY, AUGUST 7, 1973/SRAVANA 16, 1895

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

as a separate compilation.

MINISTRY OF COMMERCE

PUBLIC NOTICES

IMPORT TRADE CONTROL

New Delhi, the 1th August 1973

SUBJECT.—Imports under the Indo-Swedish Development Co-operation Agreement, 1973.

No. 127-irC(PN)/73.—The terms and conditions governing issuance of import licences under the Indo-Swedish Development Co-operation Agreement 1973 con- sisting of two segments (i) General imports, and (ii) Imports from Sweden; as given in the Appendix to this Public Notice are notified for information.

APPENDIX

Preamble

Swedish Assistance under the Indo-Swedish Development Co-operation Agree- ment, 1973, consists of two segments—(i) general imports; and (ii) imports from Sweden. In the case of first segment, imports can be effected from anywhere in the world on the basis of competitive global tendering and the assistance is in the form of a loan or credit, but in the case of the second segment, the imports can be effected only from Sweden i.e. the goods must be manufactured in Sweden.

( 1063 )

Import Licence

1. The import licence will be issued on CIF basis, with an initial validity period of four months for contracting and twelve months for completing shipments .as well as payments. All payments must be completed within a month from the expiry of the licence.

2. Each import licence will bear a superscription, "Indo-Swedish Development Co-operntion Agreement 1973—General Imports" or "Indo-Swedish Development Co-operation Agreement 1973—Imports from Sweden" as the case may be. The suffixes ifi the licence code classification number will be "R/SW". These will also be repeated In the letter from the Chief Controller Imports and Exports forv.'ard- tng the import licence,

3. Within a fortnight of the receipt of the Import licence, the importer should intimate to the Department of Economic Affairs (WE-I Section) the fact of receipt of the Import licence indicating the number, date and value of the import lirence and likely date by which the contract documents would be furnished.

4. The condition regarding contracting shall not be deemed to have been complied with unless as complete contract documents, as provided in para 20 below, are furnished within the stipulated period of four months.

5. Where this stipulation Is not complied with within four months, the Import licence will be deemed to have become invalid. The iir.i-:rt licence, m - j. huv.v.ver, be revalidated on an application by the party, alongwith the licence in original to the licensing authority g^vin-j reasons for not complying with the requirement in time.

6. The request for revalidation would be considered by the licensing authority on merits and the licence will be revalidated for contracting for a further period not exceeding two months. Any revalidation beyond the period will require the prior approval of the Department of Economic Affairs (WE-I Section).

Contracting

7. A contract will normally comprise an Agreement signed by both the parties viz., the Indian importer and foreign supplier or it may comprise the order placed by the Indian importer and the letter of acceptance thereof in unequivocal terms by the foreign supplier,

8. A contract comprising a series of correspondence between the two parties frequently amending/revising the various provisions will not be accepted. In such cases, it is necessary to prepare a final document including therein the terms agreed to by both the parties and signed as such.

Terms of Contract

9. General.—The contract should be placed on a c.i.f. or C&F basis and should clearly indicate F.O.B. price, insurance charges and freight separately. All of these should be Indicated In the foreign currency in which the payments are to be made. Contract must be entered only on C&F basis, by the Government agency or a public sector undertaking. If any importer desires to enter into a contract on f.o.b. basis, he should seek prior permission of tlje Department of Economic Affairs (WE-I Section), Ministry of Finance, New Delhi giving reasons for doing so.

10. If any commission is to be paid to the Indian asent of the foreign supplier, It will be shown separately from the value of the contract. The Indian agent's commission will be paid in Indian rupees but will be set off against the total value of the import licence.

11. The value of the contract should be expressed in the currency in which the payment is to be made to the foreign supplier. The conversion of these amounts into [Rupees shall be made at the central rates of exchange as indicated in Annexure I. These rates of exchange are, however, subject to revision.

12. Value Limits of Contracts.—The value of each contract should not be less than for an amount equivalent to Rupees fifty thousand.

13. Origin of Goods.—(i) In the case of first segment i.e., general Imports seg- ment, referred in the preamble, imports can be made from any country without

restriction and should as far as practicable be on the international competitive basis. The licensee should while submitting the contract documents, referred in para 20(iii) below, furnish a statement of the bids received and the reasons for selecting the particular supplier and goods.

(ii) The goods under the second segment i.e. imports from Sweden, referred to in the preamble should be the goods manufactured in Sweden. A stipulation as to the Swedish manufacture of goods shall be incorporated in the contract,

14. Shipments.—The contract should spell out delivery/shipping schedules in specific terms indicating the month of each such delivery/shipment, as closely a3 possible.

Any subsequent deviation from the shipping schedule should be promptly noti- fied to the Ministry of Finance, Department of Economic Affairs, WE-I Section, North Block, New Delhi.

15. Payment Terms.—The Swedish Credit does not provide for deferred pay- ments. Full payment will therefore be made to the foreign supplier in cash against shipments as Indicated in the following paragrapns.

16. Advance payments.—An advance payment upto a maximum of 10 per cent of the FOB price of the supplies can be provided at the time of the contract coming into force.

17. Other payments.—-The amount left after the above payment will be payable pro-rata according to the value of goods covered by each shipment, on the basis of the shipping schedule.

18. It should specifically be ensured that the terms of payment, e.g. amount payable on the contract becoming effective, and that payable against shipments etc. are set out in the precise terms In the contract with details showing the schedule of deliveries/payments etc. The value of the contract should invariably be broken dpwn into F.O.B. value, freight and insurance elements. The contract should also incorporate the provision indicated In paragraph 13(11") above, if necessary.

19. Customary Guavantee.—The importer may arrange and provide for in the agreement/customary guarantce(s) which may be necessary for safeguarding his Interest.

Submission of Contract Documents

20. Within 20 days of the conclusion of the contract the importer should send a letter accompanied by the following documents to the Ministry of Finance, Department of Economic Affairs (WE-I) Section, North Block, New Delhi:

(i-) Four certified copies of the contract and any further amendment(s) duly executed in English language and signed by both the Indian importer and the foreign supplier.

(ii) Two photostat copies of the import licence valid for contracting On the date of execution of the contract/acceptance T?y foreign supplier of the order placed on him by the importer,

(lii) In the ca^e of general imports segment, the statement mentioned in

para 13 (i) above,

(lv) Other particulars stipulated in Annexure II in duplicate.

The contract will be processed further only after all these documents have been furnished by the importer.

Ijpttrr of Authority

21. If the contract Is complete, the documents etc. are in order, the import licence is valid for contracting and Is considered eligible for financing under the Indo-Swedish Development Co-operation Agreement, 1973, Ministry of Finance will Issue a letter of authority as in Annexure III.

Method of Payments

22. (i) Payments to the foreign suppliers are arranged through normal banking channels by establishing a letter of credit or on collection basis.

(ii) The Indian importer will establish a letter of credit only after the letter of authority referred to in the preceding paragraph has been issued by the Ministry of Finance and such letter of credit will strictly be in accordance w^th such, letter of authority.

(iii) The authorised dealer In foreign exchange (Indian bankers; will not pro- vide facilities for establishing a letter of credit to any Indian importer unless a letter of authority in this regard has been received by it direct from the Ministry of Finance and the Indian banker will provide such facilities or allow remittances only in accordance with the instructions contained in such a letter of authority.

23. It will be the responsibility of the foreign banker with whom the letter of credit has been established, to forward to the Controller of Aid Accounts, Ministry of Finance, Jeevan Deep Building, Parliament Street, New Delhi, one set of non- negotiable invoices/shipping documents at the same time as the foreign banker forwards such sets of documents to the Indian/banker which opened the letter of credit. It is necessary for the Indian Banker to include a provision to this effect In the letter of credit to be established by him. The /act that one set of non- negotiable shipping documents has been so forwarded will be noted down by the foreign bankers In the covering letter to the Indian banker. The latter (Indian banker) will check this point In particular before taking further action on the documents.

24. (i) The Indian importer will, at the time of arranging payments, flit in an additional copy of Form A*, for being sent by their Indian banker direct to the Controller of Aid Accounts, Ministry of Finance, Department of Economic Affairs, Jeevan Deep Building, New Delhi under advice to the importer, as soon as the payment is made.

(ii) Both the Indian importer and Indian banker will ensure that all the requisite information is given correctly, fully and in specific terms against the relevant columns.

(Iii) Form 'A' will further bear the signature of the authorised officer of the Indian banker and stamped with its official seal.

NOTE.—-These arrangements do not absolve the licensee of his responsibility to ensure that all forms "A" are despatched promptly by his bank to the Ministry of Finance.

25. Refunds.—If any refunds' are received by the Indian Importers from the foreign supplier or the insurer, a full report showing the amounts received, together with relevant particulars, will be sent to the Controller of Aid Accounts,, Ministry of Finance in the form given in Annexure IV.

Miscellaneous

26- The goods Imported under the licence should be used with due diligence and efficiency. For a minimum period of four years from the date of delivery of the goods imported under the licence, the importer shall (i) maintain all the relevant records necessary to identify such goods and their use, (ii) furnish or cause to be furnished to the government of India guch Information as may be requested, con- cerning the expenditure of the proceeds of the Credit and the goods and services acaulred out of ,such proceeds and (ill) enable representatives of the Government of India and the Swedish International Development Authority to study the use of such gcatis and services if they so request.

27. The Government of India will not undertake any responsibility for disputes, if any, which may arise, between the Indian Importer and the foreign suppliers.

28- The Indian Importer shall promptly comply with any directions, Instructions or orders issued by Government from time to time regarding any and all matters arising from or pe^alning to the Import ficence and for meeting all obligations under the credit agreement with the Swedish Authorities.

29. Any break or violation of any of the conditions prescribed herein will result in appropriate action under the Imports and Exports (Control) Act. 1947, and orders issued thereunder.

*ApplIcatIon form prescribed by the Reserve Bank of India for remittances.

ANNEXURE I

(Para 11)

Table of Central Rates uf Exchange

Country

currency

One unit of foreign currency equals (rupees)

. Dollar (A) . . Schilling , . Franc . . Kroner

8-851 0-312 o-162 1-043 1-422

Franc . Lira .

0'0i3

• Yen . Guilder . . Dollar (N) .

0-024 2-243 8-851 1-095

T - 5 I2

Kroner . . . . . Kroner . Franc .

1-896 2-259 Australia Austria Belgium Denmark France Italy Japan Netherlands New Zealand Norway Sweden. Switzerland "West Germany . USA

. DM . .

. Dollar

                                                                             7" 279
U.K.                            Pound  .                                    18-968
Yugoslavia                  .  Dinar                                         0-428

ANNEXURE II

(in duplicate)

[Para 20(iv)]

To

The Secretary, Ministry of Finance, Department of Economic Affairs, WE-I Section, North Block, New Delhi-1.

SubjECT :—Indo-Swedish Development Co-operation Agreement, 1973.—Import under the

Sir,

In connection with the import of

(short

.description of the goods or services) •tinder the above credit, we furnish the following particulars :—

(a) Name and Address of importer. (b) Import Licence :

(i) Number (") Date (111) Amount (iv) Valid upto

(a) for contracting

(b) for shipment

(c) Name and address of the foreign suppliers ;

(d) Date of the contract :

or

Date of Suppliers final letter of acceptance of the order

(e) Short description of the goods to be imported :

In In

foreign equivalent currency Indian Rupees

(f) Value of the

contract: FOB Price :

Freight:

Insurance:

TOTAL :

Date Value of shipment

in foreign currency (y) The different dates on which the equipment will be shipped or services performed the value of each shipment, or service performed, based on the delivery schedules as stipulated in the contract :

Date Amount in foreign

currency

(ft) The date on which payments under the contract will

fall due

("') In respect of advance payment

(ii) Other payments.

(i) Name and full address'of the dealer bank authorised in foreign exchange through whom arrangements for opening a letter of credit will be made :

(j) Name and full address of the fprcign banker with whom

the letter of credit will be established :

2. Four certified copies of the contract (or each of the order and the letter of acceptance)] and of the amendment (if any), and two photostat copies of the import licence are enclosed.

3. You are requested to get the contract approved for financing under the Indo-Swedish Development Co-operation Agreement, 1973 and issue authorisation for payments to the suppliers through their bankers, mentioned above.

Yours faithfully^

Licensccc

ANNEXURE—III

(Para 21)

No.

GOVERNMENT OF INDIA

MINISTRY OF FIANCE

DEPARTMENT OF ECONOMIC AFFAIRS

Letter of <\uthoritv

No.

To

(Indian Banker)

SubjECT •—Contract entered under Indo-Saedish Development Co-operation Agreement

1973—Segment.

Dear Sirs,

Messrs.—

———— .

(Indian Importer)

have entered into a contract with Messrs.

.

.

(foreign supplier)

for the supply of——

•

for the amount of

,

(

)

__ .

(in words)

• issued thereunder for . CIF/C&F under the Indo/Swedish Development Co- operation Agreement, 1973 against Licensee No , dated the value of Rs.(

)

(in figures)

(m words)

A copy of the contract is enclosed

2. You are authorised to open a letter of credit in favour of Messrs. .

(foreign supplier)

kers, vi/.

, , , -through the r ban- .

(foreign banker)

within a period of thirty days from the date of this letter, under intimation to this Ministry.

3 Before opening the Letter of Cridit, it may please be ensured that the Indian importer is in possession of a valid import licence.

4. In terms of para 10 Section VII of the Exchange Control Manual, you are required, to ensure that the date of the expiry of the Letter of Credit is ot later than forty-five (45) days after the final date for shipment as stated in the relative import licence.

5. The letter of credit will also provide that Messrs.

(foreign banker)

will forward directly to the Controller of Aid Accounts, Ministry of Finance, Jevan Deep Buil- ding, Parliament Street, New Delhi, one set of non-negotiable shipping document as each payment is made.

6. Receipt of this letter may please be acknowledged .

Yours faithfully,

Under Secretary to the Government of India

Copy with a copy of the contract forwarded to :—

i. Reserve Bank of India, Exchange Control Department

(name of place)

Copy forwarded for information:—

1. .

—

(Indian importer)

2.

,

(foreign supplier)

3.

.

_

(foreign bank)

It is requested that on each payment, one set of shipping and other documents (non-negotiable) alongwith payment advice may be forwarded direct to the Controller of Aid Accounts, Ministry of Finance, Jccvan Deep Building, Parliament Street, New Delhi, (INDIA).

2. Controller of Aid Accounts with a copy of the contract and that of the import licence.

l Under Secretary to the Government of India.

ANNEXURE IV

(Para 25)

Report showing details of refunds received from Poreign Suppliers /Shippers / Insurtrs toward?

settlement of claims for short landing, damages, etc. in respect of Imports.

1. Name of the Indian importer. 2. No. and date of import licence. 3. Value of the import licence. 4. No. and date of letter of Authority, 5. Amount of refund received. 6. Nature and refund.

(give brief details)

7. Reference to the relative Forms 'A' under which

payment was made initially to the foreign suppliers (indicate name of the Indian Banker and reference to their letter No. and date, forwarding form 'A' to Ministry of Finance).

8. Whether or not refund received arc to be utilised for replacement of goods; if not, confirm that amount has been actually received by inward remittance of foreign exchange and encashed into rupees.

9. Any other necessary particulars.

Signature of the Authorised Officer of the importing firm.

To

The Controller of Aid Account!, Ministry of Finance, (Department of Economic Affaire), Tcevan Deep Building, Parliament Street, New Delhi.

SUBJECT :—Import Policy for the year April, 1973—March, 1974-

No. I28-ITC(PN)'73-—Attention of importers is invited to the import policy as contained in thc^Import Trade Control Policy (Red Book—Vol. I) for the period April, 1973—March, 1974.

2. The following amendments shall be made at the appropriate places in the Import Trade Control Policy (Red Book—Vol. I) for the period April, 1973—March, 1974 :-—

Details of amendments Page No. of the Red Book

Reference

(Vol. I)

2

1

3

137—157

Section V, Appendix 14.

The existing entries appearing in Appendix 14 83 given in the Annexure to this Public Notice may be deemed to have been substituted by the revised entries shpwn against them.

I

2

3

140

Section V,

Appendix 14(1)

Under the heading "SPECIAL BALL BEARINGS" the following entries may be deemed to have been inserted under the respective columns :—

(b)

Bearing Dimensions T.S.I. No.

Outside

Equivalent SKF No. Bore

Equivalent- Hoffman No.

Width

dia.

1

6

2

5

3

4

G885141

30mm

127- 794mm

15-918 mm

Details of amendments

Reference

Jeep Part No, 808129 (Water Pump Bearing) Page No. of the Red Book (Volume I")

The following entries may be deemed to have been 157

inserted under the respective columns :—

d

Section V, Appendix 14 (6)(6)—Restricted types of Tapere Roller Bearings

Bearing Dimensions Equivalent

I.S.I. No.

SKF No.

Bore

Outside dia.

Width

1

2

4

3

5

AK-535/K532A

CK 495/K 493

36-957mm (1-455*) S6- 769mm (I-I72*)

44 -45mm

(i-75")

82- 55mm

(3-25*)

Hi- 125mm (4-3750 136-525mm (5-375')

ANNEXURE

Bearing size (SKF Reference)

Existing entry in the Red Book (Vol. I) for Revised entry Page No. of the Red Book (Vol. I) for Appendix No. April, 1973— March, 1974

April, 1973—March,

1974

1

2

3

4

5

138

RIV No.10016

14(1) (a)

NBC NBB 1014

NBC No. BB1014

(under column 2)

1509E

3T-8mm (1 1/2")

38'1 mm

(under column 4)

(1 i/a")

I

2

5

3

4

22 mm

20 mm

142

2206

I4(2)(a)

(under column 6)

142

(1) 85 mm (2-1/4")

85 mm

14(2)0) 2509E

(under column 5)

(2) 23 mm (3/8')

23 mm

(under column 6)

51108L

143

Bearing number may be read as 5T109L

09

144

14(2)0)

48-41875 mm (1-29/32")

48 '41875 mm (1-29/23 (under column 5)

144

on

56-35625 (2-7/32")

T4(2)O)

(under column 5¹)

5*'35625 mm (2-7/33")

012

38-1 mm (1 1/4")

144

14(2)0)

(under column 4)

144

22-225 mm (7-8')

14WO) T9

(under column 6)

6211

146

i 55

115

14(3)0)

2211

146

14(3)0)

146

14(3)0) (under column 6)

148

DEEP GROVE SINGLE DEEP GROVE I4(3)W

ROW RADIAL BALL SINGLE ROW BEARINGS RADIAL BALL (heading) BEARINGS

148

U 175W

i4f3X")

221W

(under column 3)

(Hoffman No.)

149

Trust Ball Bearings Thrust Ball 14(4)0)

(heading)

Bearings.

150

no mm

I4(4)("

(under column 4)

CRL6

151

14(5)0)

(under column 4)

152

WJ 4 1/2" •••8'

14(5)0)

(3977X73922X)

154

14(6)0)

(Equivalent No. given in column 2)

CR-03872/K-

154

14(6)0)

14(6)0)

155

T4(6)0)

155

I

2

4

3

CK-55187C/K- 14(6 )(a't

155

55433

5

26- 90876mm (1-0594')

2b- 93876mm

(1 '05994')

1838057/5"

183S057/57

156

ABCNo. PABT2435

(under column 2)

fundcr column 1)

T4(fij ( . ):

pnot Note No.2~ 156

Minted'

'tested'

(in line 2)

T57

CK-NA48686/K NA 48620D

Equivalent Bower No. has not been given.

This may be incor- porated in bracket below t h c S K F N o. as under:—

(Bower NA48686/

NA 48620D)

S. G. BOSE MULLICK.

Chief Controller of Imports and Exports.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW

DEL1EI AND PUBLISHED By THE CONTROLLER OP PUBLICATIONS. DELHI, 1 9 73