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Published 08 August 1973

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REGISTERED No. D. 221

The Gazette of India

EXTRA ORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 182] NEW DELHI, WEDNESDAY. AUGUST 8, 1973/SRAVANA 17, 1895

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

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 8th August 1973 SUBJECT.—Import of Fresh Fruits, all sorts, excluding coconuts, cashewnuts and Dates [S.No. 21 (a) (i)/IV] from Afghanistan from 1-3-1973 to 28-2-1974.

1. General Trade Arrangement.—The General Trade Arrangement between India and Afghanistan signed on the 20th February, 1972, is reproduced in Annexure I.

2. Applications for import of fresh fruits from Afghanistan and for the export of the commodities detailed in Schedule B-I and Schedule B-II, from India, (vide Annexure II), will be considered in accordance with the provisions made in this Public Notice, from the following; —

(i) "Approved importers" under the previous Trade Arrangements; and (ii) "Others".

3. The policy for import of dry fruits, asafoetida, cumin seeds and medicinal herbs will be announced later.

4. Definition of "Approved Importers".—The "Approved Importers'' are those: (i) who have participated in the Indo-Afghan Trade in those commodities during the four years ending 30th June 1956 and are already register- ed as such; and

(ii) the Afghan Government's nominee firms already registered ay "approv- ed importers."

1090 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]

5. Definition of "others".—"Others" (not being "Approved Importers") are those who are resident in India, have the requisite financial capability of transa# ing the business as certified by a scheduled bank in India, and are dealers in items listed in Schedule A, B-I or B-II, wide Annexure II to this Public Notice, and

(i) are citizens of India, if they are (a) individuals or (b) kartas of Hindu undivided family in respect of Family business,

OR

(ii) are an Indian Company,

OR

(iii) have the control and management of their affairs situated wholly in India if they are a firm, a limited company or an association,

OR

(iv) are a cooperative society registered under the Cooperative Societies Act.

6. Persons ineligible to participate.—Partners/Birectors/Proprietors and his/ her wife/husband or dependent relations (including unmarried children; of "approved importer (s)" and "other (s)", as defined in para 4 and 5 above, will not, however, be permitted to participate in the Indo-Afghan Trade. For this purpose the applicants are required to furnish alongwith the application, an un- dertaking, on a stamped paper, to the licensing authority concerned as follows:

"I/We hereby declare that neither of the partners/directors/proprietors of the firm/company, or his/her wife/husband, dependant relations or unmarried children, have submitted or will submit an application for CCP under this Public Notice for import of fresh fruits from Afghanistan.

Signature

Status of the (i) Deponent

(ii) Applicant firm "

In addition, the following categories of persons will also not be permitted to participate.—

(i) Those who have been de-registered from the list of "Approved Im- porters" under the previous Trade Arrangements. (However, those "approved importers" yho have remained dormant for a period of four years and have been de-registered in terms of Public Notice No. 240-ITC(PN)/68 dated 4-11-1968, will be allowed to participate if they are otherwise eligible in terms of this Public Notice);

(ii) those who stand debarred from receiving import or export licences or release orders under the Import/Export Trade Control rules and regulations;

(ii) those whose counter-balancing obligations in respect of imports from and exports to Afghanistan during the preceding years remain un- fulfilled:

NOTE.—For those, who participated in the Indo-Afghan Trade Arrangement March 1972—February 1973 the last date for fulfilment of counter- export obligation has been extended upto 31st August, 1973 vide Public Notice No. 93-ITC(PN)/73 dated 12th June 1973. It may be noted that, after 31st August, 1973, no CCPs will be issued to those importers, who fail to discharge, by that date, their export obligation in full and in the prescribed proportion as between Schedule B-I and B-II items, in resnect of imports made by them during the Indo- Afghan trade arrangement period March 1972—February 1973.

(iv) Those who have not attained the age of eighteen years (as on the date of this public Notice).

LPART I—Src. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1091

Licensing Authorities.—The importers are required to submit their applica- tions for initial CCPs t'o the respective licensing authority, on or before the 31st October. 1973. according to the lurisdiction shown below: —

Licensing Authority

Jurisdiction. Importers situated in

Joint Chief Controller of Imports and Exports, New CGO Building, New Marine Lines, Churchgate, Bombay

Maharashtra, Gujarat, New Kandla, Goa, Daman, Diu, Dadra & Nagar Haveli, Madhya Pradesh, Andhra, Tamil Nadu, Pondicherry, Karailkal, Mahe, Yanam, Mysore, Kerala, Laccadive, Minicoy and Amindive Island.

Delhi, Rajasthan, U.p., Bihar West Bengal, Andaman & Nicobar Islands, Orissa, Assam, Nagaland, Maghalaya, Tripura, Arunachal, Manipur, Mizoram.

Punjab, Haryana, Chandigarh, Himachal Pradesh, Jammu & Kashmir.

Joint Chief Controller of Imports and Exports, Central Licensing Area, Indraprastha Bhavan, Indraprastha Estate, New Delhi. Controller of Imports & Exports, Central Revenue Building, The Mall, Amritsar.

NOTE.—Only the Head Office of an applicant firm will be permitted to apply on behalf of itself and all its branches, and the jurisdiction will depend upon the location of the Head Office.

8. Documents to be jurnished.—Subject to the provisions of the Import Trade Control Hand Book of Rules and Procedures, 1973-74, and paragraph 11 below the importers should apply for CCPs in the prescribed form and manner indicat- ing, inter-alia, the c.i.f. value of goods together with Treasury Receipt showing payment of aplication fees and documents of past import (vide paragraph 22) relating to the best year's imports in the prescribed basic period in respect of the specific goods applied for. Applications should be submitted complete in all res- pects along with the prescribed documents and the applicants should also quote their valid I.V.C. Registration/Exemption Number. Incomplete applications are liable to be rejected.

9. Invoices to be produced to the customs authorities.—The invoice (s) relating to imports should be produced in duplicate to the customs authorities at the time of clearance of t hs goods and it should indicate clearly the quantity the rate nnv, I v a l u e> height, insurance and total c.i.f. value of the goods imported'. CCF(s) should be obtained before the goods are despatched from Afghanistan It any imports are made without a valid CCP, such imports will be treated as unauthorised imports and dealt with accordingly under the Import Control/ 'Customs rules and regulations.

10. Counter balancing trade.—Trade with Afghanistan in respect of fresh fruit and Schedule B I and B II' items shall be subject to a counterbalancing arrange- ment. The eligible participants can start in trade cycle either with import or with export, m accordance with the procedures laid down in this Public Notice.

11. 'Import-first' Scheme.—Those who intend to start with imnorts from

3tofsyndicated0:"- '^ ** °C PS f°r ** l m P°rt °f f r e sh *™"s ^to t he ™°u"

'(a) "Approved Importers"-to the extent of 70 per cent of the value of

yeS1Clug^tP!S970-^ly m f* **<* ^ Ai^™*™ during the

OR

1092 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. 1]

NOTE.—If an "approved importer" finds it more advantageous to claim a C?CP in the category of "others", he can do so provided he does not claim a CCP as an "approved importer". In such an event, the applicant will be required to produce a bank certificate in the prescribed pro- forma as also a bank guarantee equivalent lo filly per cent of the value of imports in order to ensure counter-balancing exports as re- quired from applicants falling in the category of "others". Such an applicant will not be eligible to apply as an "approved importer" until after he has fully discharged his counter-balancing export obligation against the CCP obtained by him in the category of "others".

(b) Others.—to the extent of Rs. 25,000 (Rupees twenty five thousand only) subject to the production of a bank guarantee equivalent \p fifty percent of the value applied for in order to ensure counter-balancing exports. In addition, they are also required to furnish the following certificates: —

(i) A certificate from a Chartered Accountant to the effect, that they had an internal turnover of Rs. 25,000 (Rupees twenty five thousand) during any one of the financial years i.e. 1967-68, l£68-69, 1960-70, 1970-71 and 1971-72 in the goods, other than hides and skins, listed in Schedule A, B-I or E-II of Annexure II to this Public Notice.

(ii) A certificate from a scheduled bank in the following proforma: —

BANK CERTIFICATE

Issue No Date

This is to certify that M/s are banking with us, They enjoy good reputation. They have applied for the grant of a CCP/approval of EP of the value of Rs (Rupees ). They are dealers in and in our judgement, they have the financial capability of f transacting this business and payment of customs duties.

Signature and Stamp of the

Officer authorised by the Bank. NOTE.—No applicant will be granted a CCP for the same item, under more than one category, i.e. he can apply either under (a) or under (b) above.

12. Computation of past imports.-^lt may be clarified that: —

(i) for computing past imports under para 11 (a), only such imports as were actually cleared from the Customs during the basic period for consumption in India (after payment of import duty), will be taken into account;

(ii) It will not be necessary for an "approved importer" to obtain a single CCP covering his entire initial entitlement under this Public Notice. He can, if so desired, obtain more than one CCP for fresh fruits as long as the value of all tlv CCPs together does not exceed his initial entitlement, as referred to in Sub-paragraph ll(aT) above.

13, Counter exports against imports.— (1) CCPs for import of fresh fruits from Afghanistan will be granted to eligible applicants subjects to the condition that the Licensee shall export to Afghanistan the goods in Schedules B-I and B-II of a value equal to the value of imnorts, within a period of six months from the date of import or upto 28-2-1974. which ever is earlier. It will also be a condi- tion of the CCP that not less than 50 tier cent of the counter-balancing excorts sh

(2) The Export of Schedule B-II items shall take place either before the export' of Schedule B-I items or concurrently with the export of Schedule B-I items.

(3) Importers arc cautioned that the period allowed for romnletion of the counted-export obligation will not be extended under any circumstances. T^e traders should, in their own interest, ensure that thev arc in the position to discharge their counter-export obligation in term1? of this Public Notirp within the prescribed time-limit, and in tbe pre IFA.U 1—S>.:r.. 1] THE GAZETTE Oi' UNUIA EXTRAORDINARY I Q93

,™"vr failure, for whatsover reason, to fulfil the conditions subject to which the CCSa are granted to them, they_will render themselves ineligible to receive any further C.C.P. apart from any other action that may be taken under the Imports and the Exports Trade Control'Foroign Exchange Orders, rules and regulations.

14. Further CCPs to be issued on corupZetitm of 80 per cent export obliga- tion,—An importer will be eligible to apply for a fresh CCP as soon as he com- pletes his counter-export obligation (in the required proportion) to the extent of 80 per cent of the value of his earlier CCP. This, however, does not absolve him from his counter export obligation equal to 100 per cent of the value of imports being fulfilled as indicated in para 13 above; and this counter export obligation is required to be fulfilled within a period of six months or 28th Feb- ruary, 1974, whichever is earlier.

15. E.P. Form!; to be approved by the Reserve Bank.—E.P. forms covering counter exports to Afghanistan will be approved by the Reserve Bank of India if they are otherwise in order.

16. 'Export first' Scheme.—Those who have past exports to their credit and intend to start with export to Afghanistan will be required to approach the Reserve Bank of India for approval of E.P. forms. The E.P. forms for exports of Schedule B-I and B-II items will be approved by the Reserve Bank of India upto 25 per cent of the value of the applicant's best year's actual exports to Afghanistan made in any of the five years, namely, August 1067—July 1968, August 1968—July, 1969, August 1969—July, 1970, August 1970—July, 1971 and August 1971—July 1972 or upto the value of Rs. 25,000 (Rupees twenty five thousand only). Such approval will be given only in cases, where the value of Schedule B-II items is not less than 50 percent of the total value of exports to be made.

17. Counter Imports against exports,— (10 E.P. forms covering exports to Afghanistan will be approved subject to the condition that the exporter shall import fresh fruits from Afghanistan of a value equal to the value of expoits, within a period of six months from the date of export or upto 28-2-1974, which- ever is earlier. The exporter will be required to execute a bank guarantee equal to 50 percent of the value for which the E.P. form has been approved for the fulfihnent of the counter-import obligation.

(2) Exporters are qautipned that the period allowed for completion of coun- ter-import obligation will not be extended under any circumstances. The tra- ders should, in their own interest, ensure that they are in the position to dis- charge their counfer-lnjport obligation in terms of this Public Notice, within the prescribed time limit, before they apply and get their E.P. forms approved. In the event of their failure, for whatsoever reason, to fulfil the conditions subject to which E.P. forma covering exports to Afghanistan were approved by the Reserve Bank of India, they will render themselves ineligible for participation in the Indo-Afehan trade anart from any other action that may be taken under the Imports and thg Exports Trade Control/Foreign Exchange, orders, rules and regulations.

18. Further EP forms on completion of 80 per cent import obligation.—An exporter will be eligible to apply for approval of further E.P. forms for exports ag sdbh as he completes his counter import obligation in respect of earlier E.P. fortns to the extent of 80 percent. This, however, does not absolve him from his counter-import obligation equal to 100 per cent of the value of exports, being fulfilled as indicated in para 17 above: and this counfer-imDprt obligation is re- quired to be fulfilled within a period of six months or 28th February 1974, which- ever is earlier.

19. Bonds with Bank Guarantees to be furnished to the licensing authori- ties.—Bonds with Bank guarantee in fulfilment of counter-import-export obliga- tion as referred to in paragraphs 11 and 17 above shall be furnished to the ljeers- Ing authorities mentioned in paragraph 7. who will watch performance and en- force the guarantee. It rr>&v be rl"rifled that in casen where bank guarantee is required, the imtiorter/exporter will have to furnish the same in respect of eirh application fqr the grant of CCP for import or for the approval of each E.P. form for exports as the case nviv be. In the event of the party's failure to discharge th* coiinter-obHeation within the stipulated period end to furnish rtpcumentary Evidence in support thereof, the amount of bank guarantee will be liable to forfeiture, without prejudice to any other action that may be taken in this behalf,

IO94 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1}

including disqualification from participating in the Indo-Afghan trade in futjlre. The documentary evidence to be produced in support of fulfilment of counfer- obligation will be the same as indicated in paragraph 22 below. In addition, the importers/exporters will be required to submit information monthly in respect of imports/exports and the counterbalancing obligations fulfilled by them in the enclosed proforma (Annexure III) so as to reach the licencing authorities con- cerned by the 7th of the succeeding month.

20. Specimens of Bond/Bank Guarantee Forms.—The specimens of the bond/ bank guarantee forms to be furnished by importers/exporters a re given in An- nexure IV and V respectively. It may be noted that the bond has to be counter- signed by a scheduled bank, as a surety in token of their undertaking to pay the guaranteed amount to the licensing authority in the event of default on the part of the importer/exporter. The bond form must be signed by an office duly authorised by the bank in this behalf. It may also be noted that bonds are to be furnished on a stamp paper or on a plain paper affixed with special adhesive stamps of the appropriate value, and impressed with the dating machine, by a proper officer.

21. Export Performance Giiarantee from the ECGC.—The importers/exporters, who find difficulty in depositing the full amount of cash, with their banks in order to secure the requisite 'Bank guarantee', may approach their bankers, if they so desire, to obtain the 'export performance guarantee'*, on their behalf, from the E.C.G.C, (Export Credit and Gurantee Corperatlon of India, Express Towers (10th floor), Nirman Point, Bombay-1).

22. Documentary evidence to be produced.—The following documents will constitute documentary evidence to be furnished in support of import's and exports: —

Imports;,—Triplicate copy of the Customs Bill of Entry and the relevant invoices attested by Customs, and, in case the transaction has been carried through banking channels, bank memos.

Exports.—Shipping bills duly certified by the Customs and invoices duly certified by the Customs, which should indicate the value and other details of Schedule 'B-I' and 'B-IP products actually exported.

23. Validity of C.C.Ps,—The CCPs issued in terms of this Public Notice will be valid for three months from the date of issue, or upto 28th February, 1974, whichever is earlier.

24. Distribution of CCPs.—The Customs authorities will send the 'Customs* copy of CCP to the concerned licensing authority direct, indicating the actual utilisation of the quantity and the value covered by each C.C.P. in the pres- cribed form on the reverse of the permit. The second copy will, as at present, be handed bank to the importer to be furnished to Reserve Bank of India, duly stamped and signed.

25 Distribution of Transit Certificates.—The importers while presenting the CCP to the Customs authorities concerned will produce five copies of the Transit Certificates issued by the Royal Afghan Government. One copy of the transit certificate will be retained by the Customs, the second copy will be forwarded to the Reserve Bank of India, and the third and the fourth coDles will be sent by them to the Office of the Chief Controller of Imports & Exports, New Delhi, for onward transmission to the Royal Afghan Government and Indian Embassy in Kabul. The fifth copy is to be forwarded by the Customs authorities to the licensing authority concerned.

26 Imports to be made on outright purchase basis.—Imports and exports bet- ween India and Afghanistan will take place only on outright purchase basis.

•The 'Export Performance Guarantee' has been evolved by ECGC, to help importers/exporters to secure, on easier terms, bank guarantees they have to furnish in course of their import/export business. For giving the guarantee the banks reoutre the exporters to deposit varying amounts of cash, depending on their standing. To the extent they have to make a cash deposit, their resources are blocked This guarantee seeks to heln the importers/exporters to obtain the bank guarnatee without making any cash deposit or against a reduced margin of deposit.

IPAPT I—SEC. Ij THE GAZETTE OF JMDIA EXTRAORDINARY 1095

27. Method of valuation for counter-exports to Afghanistan,—The following will be the method of valuation of Afghan goods for determining the value of counter-exports to be made from India to Afghanistan during the current Trade Arrangement period:

Afghan goods, should be valued on the basis of the value as accepted or determined by the Indian Customs on scrutiny of sale invoices. The value of counter-exporters should be equal to the value of imports as determined in the manner indicated above.

28. Manner of payment.—Payment for fresh fruits imported from Afghanistan and export of Schedule 'B-F and 'B-II' goods to that country under this Public Notice will be made, in accordance with the E.P. Procedures prescribed by the Reserve Bank of India Payments for imports and exports of commodities not covered by Schedule 'A', 'B-I' and 'B-II' (i.e., Schedule 'C items) shall be made by establishing letters of credit in transferable U.S. Dollars or Pounds Sterling.

29. Production of Landing Certificate.—Import and export of goods from end to Afghanistan will be permitted subject to the condition that in respect of tv.port of Schedule B-I items from India to Afghanistan, the exporter shall produce a Landing Certificate to the concerned Licensing Authority in India as well as to the Reserve Bank of India, issued by the Afghan Customs authorities, within 30 days of despatch of the goods, in case they are sent by air, and within 60 days of despatch of the goods in case they are sent by sea/land route. Failure l.o produce the requisite landing certificate will render the exporter/importer concerned liable to penal action under the Imports and the Exports Trade Con- trol/Foreign Exchange rules and regulations.

30. No diversion to third countries.— (1) It is agreed between the two Governments that the goods imported by either country from the other would be used only for consumption in the country of import. Serious notice will be taken of cases where goods imported from or exported to Afghanistan are diverted to a third country.

(2) Exporters of Rcl"""dule T3-T' commodities shall also have to produce certificates of clearance through Afghanistan Customs as indicated hi paragraph 29. For this purpose, a photostat copy of a certified copy of the document show- ing clearance through A ^ ' - m ' - ' ir Customs =hrll be produced by the exporter to the Indian Customs authorities, aa Indicated In paragraph 29.

31. Trade should desist from abusing the system. Maintenance of reasonable price:;.—Trade is advised to ensure that the existing system is used in the in- terest of consumers/producers in India and Afghanistan and that the Trade Arrangement secures the common objeectiveg of healthy growth and diversifica- tion of trade between the two countries. They should also ensure that reasona- ble prices are charged and efficient after sales-service is maintained wherever necessary. Appropriate penal action will be taken if the trade arrangement is used to the disadvantage of producers and the healthy growth and diversifica- tion of trade between the two countries,

ANNEXURE 1

Indo-Afghan Trade Arrangement for 1972-73

A delegation from Afghanistan led by H.E. Mr, M. Aref Ghaussi, Ministry of Commerce, Royal Afghan Government and a delegation from India led by Shri L N. Mishra, Minister of Foreign Trade, Government of India, held trade talks in New Delhi from February 18 to February 20, 1972.

2. The two delegations reviewed the working of Indo-Afghan trade in all its aspects during the preceding three years and discussed the Trade Arrangement (or 1972-73. They noted that progress towrads diversification of trade has been limited. The two delegations re-affirmed their resolve to promote, develop and diversify trade between India and Afghanistan to mutual advantage, to elimi- nate concentration of Trade and to remove difficulties that have arisen in the existing system.

3. The Government of India and the Royal Government of Afghanistan agreed that they would provide facilities for setting up a plant in Afghanistan through Joint venture for the production of extracts of medicinal herbs and plants grown in Afghanistan. India offered to make use of these extracts for Its

1096 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]

own pharmaceutical industry for a period of twenty years. Afghanistan ex- pressed its desire to purchase medical and surgical instruments and other surgical supplies manufactured in India. The two delegations further agreed to Import drugs and medicines manufactured in the two countries. As a step forward towards this, the concerned authorities of the two Governments would permit the registration of medicines manufactured in the two countries in their national Formulary, if any, subject to the satisfaction of prescribed standards of purity and quality,

4, In accordance with the provisions of Article 15 of the Treaty of 1950 between the Royal Afghan Government and the Government of India, and subject to their respective import, export and foreign exchange regulations and the special trade arrangement that may be concluded between the two Governments from year to year, the two Governments re-afflrmed their agree- ment to the following:—

(") Import of Schedule 'A' commodities from Afghanistan will be per- mitted to any person into India whose imports are counter-balanced by exports of Schedule 'B-I' and 'B-II' commodities from India in the prescribed proportion.

(b) Export of Schedule 'B-F and 'B-II' commodities from India will be permitted in the prescribed proportion to any person whose exports are counter-balanced by imports from Afghanistan of Schedule 'A1 commodities.

(c) Payment of imports and exports of commodities not covered by Schedule 'A', 'B-I' and 'B-IF shall be made by establishing letters of credit in transferable U.S. dollars or Pound Sterling.

(d) The special self-balancina account maintained by the Da Afghanistan Bank with the State Bank of India will continue to bfi utilised to facilitate imports of hides and skins on a liberal basis against exports of goods and services from India.

5. It is the understanding between the Government of India and the Royal Government of Afghanistan that the goods imported by either country from the other would be used for consumption in the country of import and effective steps would be taken to prohibit and prevent their diversion to third countries.

6. The two Governments WJU pon'sult with "ach oXher neriodicallv to review the above arrangements with a view to removing any difficulty in the working of this arrangement.

7. This trade Arrangement will come into force frora( 1st March, 1972 and will remain valid for one year. Unless either Contracting Party gives notice of termination or amendment one month prior to the expiry of this arrange- ment, it' will automatically he extended by a further period of one year. On the expiry of the second year of the arrangement, unless either Contracting F^arty gives notice of termination or amendment, one month prior to the expiry of the second year, It will automatically be extended by a further period of qne year.

Signed at New' Delhi this Twentieth day of February, 1972.

(Sd.) L. N. MTSFHA.

(Sd.) M. AREF GHATJSSI, Minister of Commerce Minister of Foreign Trade Hbyal Afghan Government Government of India Leader, Leaded Indian Trade Delegation. Afghan Trade Delegation

ANNBXVRU II

SCHEDULE 'A'

Commodities for Export from Afghanistan to India

(PART I - - S * C. 1] TIIE GAZETTE OF INDIA EXTRAORDINARY 7097

Medicines, Extracts of Medicinal Herbs and Plants produced in Afghanistan (Import of these Jxems is suspended for the time being).

Medicinal herbs (detailed as under):—

English.

Farsl. Zoofa. Gule Golab. Gule-Gawzaban. Hed-Denna. Behmane (Safld wa Serkh). Onnab. Yarlaiid. Turanjabeen. Darawenj. Sheer-Khest. Shireen Boia. Shakakul.

Hysop. Rosa Rose Flower (dried). Buglass (Borage). Quince (Borage). White and red Behmen (Urdu). Jujube. Ratarijet (Hindi). Manna. Derencum. Manna (taken from Atrapharis Spinesa), Liqueric (Mulathl). Wild Carrel

Anv other commodity that may be agreed upon between the two Govern- ments.

SCHEDULE 'B-I'

Commodities for Export from India to Afghanistan

1. Tea other than C.T.C. and Dust. 2. Coffee. 3. Cardamom (Big and Small). 4. Pepper. 5. Tobacco—raw and unmanufactured. 6. Coir and Coir Products. 7. Dyeing and Tanning Substances (Natural). 8. Myroblam and Myroblam extracts. 9. Leather Manufactures imported by private parties.

10. Jute Manufactures imported by private parties. 11. Cotton Yarn, Cotton Twist and Cotton thread.

SCHEDULE 'B-II'

Commodities for Expott from India to Afghanistan

1. Fabrics

Mill made and handloom, including sarees of cotton, rayon and wool; hosiery and knitted garments of cotton, rayon ond wool; other manufacturea of cotton, rayon and woll; Fabrics and other manufactures of silk excluding sarees fabrics, sarees, scarves and zari.

2. Food Products

Confectionery. Fish—dried and salted. Fish prawns—dried. Preserved Mango and other vegetable products. Provisions and oilman's stores. Sago Tapioca and its products. Cane jaggery/cone jaggery powder (India Gur).

l o 9g THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]

3. Agricultural Products.

Hydrogenated oils, i.e. 'Vanaspati or vegetable ghee. Vegetable oils and Oilseeds.1

4. Chemical Products and Soaps

Chemicals and Chemical preparations,

5. Pharmaceuticals.

Drugs, Medicines, and Antibiotics (Export of these items will remain sus- pended for the time being). Sera and Vaccines. Alkaloids ol opium and its derivatives. Naphthalane. Soap>—toilet and household,

Toilet requisites and perfumery. Paints, pigments and varnishes.

6. Engineering goods-

Printing machinery. Diesel engines. Pumpa driven by diesel engines and electric motors. Sev/ing machines. Bicycles and their parts. Textile machinery such as carding machinery and Weaving looms. Machine tools. Handtools and small tools, small rivercrafts. Sugarcane crushtng machinery. Rice, Flours and oil crushing machinery. Ball bearings. Agricultural implements. Automobiles parts other than those sent as spares with automobilies.

Gliders.

7. Electrical Goods

Electrical appliances and accessories such as conduit pipes, switches, bells, holders, cut-outs etc. Electrodes.

Electric bulbs and tubes,

Electric fans and their parts. Electric Lourch Ughts. Batteries (dry and wet). Electric motors, Elecnits sheets, rods and tubes. Cables and wires.

8. Household and Building requirements

Utensils including stainless eteelware. Cooking ranges, heaters, electric iron, toasters, kettles, etc. Household electrical flttinRs and fixtures. Roofing tiles. Bricks. Lineleum. Sanjtaryware. G.I. Pipes and fittings. Manhole cover and plates. Kerosene stoves, Incandescent oil pressure lamps Safes, strong boxes and room fittings.

9. Hardware

Locks and padlocks. Cutlery. Bolts, nuts, screws and hinges. Steel furniture and hospital appliances. Scientific instruments of all types. Weighing machines. Surgical and medical instruments, Steel buckets.

fpAET I—SEC. 3] THE GAZETTE OF INDIA EXTRAORDINARY 1099

Xo, Rubber Manufactures Tyrea and Tubas. Other rubber manufactures.

11. Leather Manfacturev

Imported by Government or Government undertakings. Artificial Jeather #oods.

12. Handicrafts and cottage Industry Products.

Stationery and Paper,

13. Miscellaneous

Exposed Cinema iaims imported by Government or Government under- takings. Commercial decorative plywood. Glassware including tableware, glass bottles and bangles. Artificial procelain teeth. Synthetic stones. Books and printed matters. Cigarettes. Postage stamps. Refined mineral oils. Bichromates. Sports goods. Firebricks and fireclay.

Kopes.

14. Jute Manufactures imported by Government or Government undertakings. 15. Any other commodities agreed upon between the two Governments.

SCHEDULE 'C Illustrative Lint of products available for Export from India

1. Machinery and Plants and parts thereof e.g.

(i) Mining Machinery and Equipment,

(ii) Canning Machinery and parts thereof, (iii) Slaughter House Machinery, (iv) Cement Plants.

2, Road Making and Construction Machinery e.g.

(i) Cement mixers,

(ii) Vibrators, (iii) Stone crushers, (iv) Polishing equipment,

(v) Road Rollers.

(vi) Bulldozers.

, , , ,, . ,.

3 Iron and Steel Construction Materials not mentioned under the heading "Hardware" in Schedule 'B'.

5 ElectricP Generation, distribution and Sub-Station equipment Including

" " f m t f f a S S ^ i SS and Public Health Entering Products.

7" T^ S 5 ™ S ? M f S SlS 4 £ t us and Equipment. Telephone Equip-

8 Motof Chicles e.fl. truckc, buses dumped, and Jeeps including parts and anciilaries imported without motor vehicles.

9. Wood working machinery.

10. Refrigerators. 11. Tractors. 12. Compressors. 13. Lathes. 14 Graders. is! Central Airconditioning equipment. 16 Accounting Machines. II £ £ £f S V - F e r r o us Casting: and fo,-glngs. 1ft P V C rToducts—including P.V.C. footwear. 20. Radio Receivers. 21. Cranes.

23! c f e t e ms ="t included in Schedules 'B-I' ond

ment.

ANNEXUEE-lll

1 1 0 0 Form of Affidavit to be filled in by Importer:Exporter

IfWe hereby solemnly declare that the following statement is true an correct to the best of myfour knowledge and belief. IfWe fully understand tha tany CCP/E.P. approval granted to me/us on the basis of this statement is liable to cancellation, without prejudice to any other penal action lha I may be taken in this behalf, if any information furnished hereundei is found to be incorrect or false.

Particulars of E.P. approvals E.P. form No

T H E

Description of goods Particulars of C C P. Signature GC.P. No Date of issue . . . . Name in block letters Date of issue Description of goods Value Name & address of the firm Value

IMPORTS

EXPORTS

G A Z E T T E

Percentage of

Percentage of Fw the month ending

Adjustments due to the transfers

Total (Rs.)

O F

Excess/ Shortfall

Total (value) (Rs.)

Item of import

I

B-II items

B-I items

(—)

( + )

Deduct (Rs.)

Schedule B-I items (value) (Rs.)

Schedule B-II items (value) (Rs.)

Add. (Rs.)

N D

I C.A.V.JC.A.W. of imports made under CCPs. of the current Agree- ment period.

A

B-II items

B-I items

CA.Y. C.A.W.

12

II

i

10

2

S

6

13

7

3

5

9

4-

B.F.

E X T R A O R D

I 0) give progressive totals of previous months of each items*.

N A R Y

CO

[ (give month and year and also specify the items)

P A R T

I

*The Items are:—

—

1. Fresh fruits :—Grapes, Pomegranates and others.

S E C

.

2. Dry fruits:—(1) Almonds—Soft Shell, Hard Shell, without Shel!, (if) Pista with Shell, without Shell. (i:Li Raiiins and other dry fruits, ajjid

1 (ip) Other items. 3. Asafoetida. 4. Cumin Seeds. 5. Medicinal Herbs.

]

(PARI I-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY I I 0I

ANNEXUHE IV

Specimen Bond Form for Importers under the Indo-Afghan Trade Arrangement.

this date of Know all Men by these presents that we (1) of (hereinafter referred to as "the importers")* which expression shall include his/their successors and assigns and (2) of (hereinafter referred to as "the surety") which expression shall unless excluded by or repugnant to the context, include its successors and assigns are jointly and severally held and firmly bound upto the President of India hereinafter called "the Government" in the sum of Rs. to be paid to the said Government or its successors and assigns for which payment we bind ourselves and each of us and each of our heirs, executors, administrators, successors and assigns (strike out the words which are not applicable) jointly and severally by these presents dated "Whereas the Joint/Deputy Chief/Controller of Imports and Exports/ (hereinafter referred to as the Joint/Deputy Chief/Controller) which expression stall in- clude the person for the time being performing the duties of the said Joint/ Deputy Chief/Controller has agreed to permit the importation of fresh fruits from Afghanistan subject to the production of a bank guarantee equivalent to Fifty per cent of the value of imports, as provided in the Ministry of Commerce Public Notice No. 129-ITC(PN)/73, dated 8th August, 1973.

AND WHEREAS one of the terms in the aforesaid Public Notice provides that the importers will execute a bond along with one sufficient surety in the manner herein above written with such conditions as are hereunder.

NOW THE CONDITION OF THE ABOVE WRITTEN BOND IS SUCH that firstly, if the said importers shall within six months from the date of import ....." or such further time as may be granted by the said Joint/Dy, Chief/ Controllor of Imports and Exports,—•——export items as mentioned in Schedule E-I and B-II attached to the said Public Notice, to Afghanistan in such a manner that not less than fifty per cent of the value of exports consists of Schedule B-II items, and that export of Schedule B-II, items takes place either prior to the export of Schedule B-I items; or concurrent with the export of Schedule B-I items; and that the total value of exports to be made will be equal to the customs assesed value of goods imported from Afghanistan.

Secondly, if the said importers and/or surety shall procure and deliver or cause to be procured and delivered to the Joint/Deputy Chief/Controllor within one month from the date of expiry of the aforesaid period evidence to prove that the said exports of the value equal to 100 per cent (Hundred percent) of the customs assessed value of the imported goods have been exported as afore- said and also documentary evidence such as prescribed in paragraph 22 of the Ministry of Commerce Public Notice No. 129-ITC(PN)/73, dated 8th August 1973, showing that the value of exports effected to Afghanistan is according to the prescribed ratio and is not less than hundred percent of the total customs assessed value of imports, then the above written bond will be void and of no effect. Otherwise the bond will remain in full force and virtue. AND IT IS HEREBY DECLARED THAT

(a) The above written bond shall remain in full force and effect for a period of 15 months from the date of importation of the said imported goods.

(b) Anv forebearnnce act or omission on the tmrt of the Government in enforcing the conditions of the aforesaid bond against the impor- ters or any time being granted or any indulgence by the Government to the iiriporters in connection therewith shall not discharge the surety.

(c) That this bond is entered into under the order o i ' ^ e ^ n t r al Gov- ernment for the performance of an act m which the public are in- terested.

~ ^ If the 7mporte^/su7ety7s~the~^ole proprietor of the business ^ " m n?

the time being of the said firm and the survivors of the firm and ttimr respec tivp hpirs. pxecutor< and administrators."

If the importer/surety is a limited company it may be added 'its successors

and assigns."

02 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]

(d) That the payment of the amount of the bond will not affect 'titie liability of the importers to any other action (including refusal of further CCPs.) that may be taken under the Import Trade Control regulations.

(e) That the liability of the importers under this guarantee shall not stand discharged, if the imports are transferred to some other party.

The stamp duty on this bond shall be paid by the importer.

IN WITNESS WHEREOF THE parties hereto have duly executed these present day and the year first above written.

Signed, sealed and delivered by the

within name importers. In the presence of

1.

2.

(Witness should also give there occupation and address). Signed, sealed and deliveded by the within named surety in the presence of

1.

2.

(Witness should also give their occupation and address).

ANNEXURE V

Specimen Bond Form for Exporters under the Indo-Afghan Trade Arrangement

Know all Men by these presents that we (1) of . . . . . . . . . .. (hereinafter called as "the Exporters"* which expression shall include his/their respective heirs, executors, administrators and legal representatives/successors

eaRed^ahe^ure^y "which expression* all unless excluded by or repugnant to the context include his/their respective heirs, executors, administrators and legal representatives/successors and permitted assigns) .are jointly or severally_held nnd flrmlv bound upto the President of India "hereinafter called the Government nTthe Turn of Rs to be paid to the said Government or its successors and assigns through Joint/Deputy Chief/Controller of Imports and Exports for which payment we'bind ourselves and each of us and each of our heirs .executors, administrators deRBl repreentatives/sucessors and permitted assigns (strike out fhe words which Ire not applicable) jointly and severally by these presents....

dated this date of

WHEREAS the Reserve Bank of India has permitted the export of Schedule B-I & B-II items against E.P. Form No . . . . . . . . .. dated.. • . • • . • •, subject to the production of a bank guarantee equivalent to 50 per cent of the value of exports, thus permitted, with a proviso that the value of exports of Schedule B-II items, in each case, is not less than 50 ^er cent of the total value of exports, as indicated in th" Ministry of Commerce of Public Notice No. 129 ILL (PN)/73 dated 8th August 1973.

And whereas one of the terms provides that the exporters will execute a bond filonK with one sufficient suretv with the Joint/Deputy Chief/Controller of Im- ports & Exports, Government of India, which exnression will induct the Dcrson for the time beinst performing the duties of the Joint/Deputy Chief Controller of "Imports & ExDorts. , in the manner herein above written with such conditions as are hereunder:

*Tf the pvnorter'surety is the ^olp t>ror>rietor of the business nftpr pivinT his name and address It may be added, "his heirs, executors and administrators".

If the exporter/surety is a firm of partnership, It may be added "partners for the time being of the said firm and the survivors of the firm and their respec- tive heirs, executors and administrators".

If the evoorter/suretv is a Limited Company it may be added "its successors

•and a^sicnW.

fpABT I—Srx. 1] ^HE GAZETTE OF JMDIA EXTRAORDINARY 1103

Now the condition of the above written Bond is such that firstly, if the said •exporters shall within six months, or such further time as may be granted by the said Joint/Deputy Chief/Controller of Imports & Exports, Import permissible commodities as specified in Schedule A or the Ministry of Commerce Public Notice No. 129-ITC(PN)/73, dated 8th August 1973 of. the value equal to the value of the goods exported to Afghanistan under the Indo-Afghan Trade Arrange- ment for 1973-74,

Secondly if the said exporters and or their surety will procure and deliver or cause to be procured and delivered to the Reserve Bank of India and Joint/Deputy Chief/Controller of Imports & Exports within six months or such further time as may be granted by the said Joint/Deputy Chief/Controller of Imports & Exports ","' evidence to prove, that the said imports of the value equal to hundred per cent of the value of exports to Afghanistan have been effected, as aforesaid, arid also documentary evidence such as prescribed in para graph 22 of Public Notice referred to above, showing that the value of imports effected from Afghanistan is not less than hundred per cent of the value of the goods exported to Afghanistan against the E.P. form referred to before, then the above written bond will be void and of no effect. Otherwise, the bond will re- main in full force and virtue.

AND IT IS HEREBY DECLARED THAT

(a) The above written bond shall remain in full force and effect for a period of 15 months from the date of export of the said exported goods.

(b) Any forebearance act or omission on the part of the Government in enforcing the conditions of the aforesaid bond against the exporters or any time being granted or any indulgence by the Government to the exporters in connection there with shall not discharge the surety.

(c) That this bond is entered into under the orders of the Government of India for the performance of an act in which the public are interested.

(d) That the payment of the amount of the bond will not affect the liability of the exporters to any other action (including refusal of further export permits') that may be taken under the Export Trade Control regulations

(e) That the liability of the exporters under this guarantee shall not stand discharged, if the exports are transferred to some other party. The stamp duty on this bond shall be paid by the exporter.

IN WITNESS WHEREOF the parties hereto have duly executed these present day and the year first above written.

Singed sealed and delivered by the within named exporters.

In the presence of

1.

2.

(Witness should also give their occupation and address.) Signed, sealed and delivered by the within named surety in the presence of

1.

2.

For and on behalf of the President of India,

S. G. BOSE MULLICK,

Chief Controller of Imports and Exports.

1104 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1J [P/.RT I—Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1105 lio6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1] fpART I—SE:\ 1] THE GAZETTE OF INDIA EXTRAORDINARY 1107 I I 08 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1J XPART I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1109 mo THE GAZETTE OF INDIA EXTRAORDINARY [PXRT I—SEC. 1] (PAT.T C - ^ R .- 11 TTTTC GAZETTE OF INDIA EXTRAORDINARY I ni 1112 THE GAZETTE OF INDIA EXTRAORDINARY [PABT I—SEC. 1] IPART I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1113 m4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. 1J T A PT I-Sue. 1] TIIE GAZETTE OF iMTlA EXTRAORDINARY 1115; iu6 _THE GAZETTE OF INDIA EXTRAORDINARY [PAST I—SEC. 1] [PAHT I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY I I I 7f Ill8 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1\ ftMHT I---SEC\ 1] THE GAZETTE OF INDIA EXTRAORDINARY 1:19 H2O THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. 1].

I PAH* 1--SEE 1] THE GAZXTTK OP iNBBA EJEIRAOHTHNARY n4t

1I2S THE GAZETTE QV INDIA EXTRA0RPINARY [pART i^Sfit:. 1] IP.M.I T~3Kt. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1U3 T HE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. l] IT24 [PAHI I- S I X. 1] THE GAZETTE OF INDIA EXrRAORDINARY 1125 I I 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]

irAflT I - S E C. 1] tffiE GAZETTE OF itfDlA EXTSAOtolNARY n a7

1 U8 T HE GAZETTE OF INDIA EXTRAORDINARY [PART 1—SEC. 1]

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NBW D*LHI AND PUBLISHED *TY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 73


  1. ?' T 1969-July, 1970. August, 1970-July, 1971 and A uA i w SS TSTOTE.-NO applicant will be granted a CCP under both the categories stated above. i.e he can apply either on the basis of 70 Der cent of the Bast imports during August 1970 July. 1971 or on the blsis of 50 per cent ol the past imports in any of the 5 years as indicated ↩
  2. ↩
  3. . Asafeetida. Cumin Seeds, Hides and skirts. ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 08 August 1973. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1973-08-08.E-1308-1973-0182-57844/. Archive identifier in.gazette.csl_extraordinary.1973-08-08.E-1308-1973-0182-57844.