REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 250] NEW DELHI, SATURDAY, OCTOBER 27,1973/KARTIKA 5,1895
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 27th October 1973
SUBJECT.—Import of Fruits, dried, salted or preserved n.o.s. excluding Dates S. No. 21(a)(ii)/IV] from Afghanistan from 1st March, 1973 to 28th February, 1974.
No 176-ITC(PN)/73.—Introductory.—Attention is invited to Paragraph 3 of the Ministry of Commerce, Public Notice No, 129-ITC(PN)/73, dated the 8th August, 1973, wherein it was stated that the policy for import of dry fruits, among other items, will be announced later. The details of policy and procedure for import of dry fruits have since been decided and are incorporated in this Public Notice.
2. General Trade Arrangement.—The General Trade Arrangement between India and Afghanistan signed on the 20th February, 1972, is reproduced in An- nexure I.
3. Basis of eligibility.—Applications for import of dry fruits from Afghanistan and for the export of the commodities detailed in Schedule B-I and Schedule B-II, II from India (vide Annexure II), will be considered in accordance with the pro- visions made in this Public Notice, from the following:—
(i) "Approved Importers" under the previous Trade Arrangements; and (ii) "Others".
(1413)
I 4i4 THE GAZETTE OF INDIA EXTRAORDINARY [PAST I -S E C. 1]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 re- gistered as such; and
(ii) the Afghan Government's nominee firms already registered as ' approv- ed importers."
5. Definition of "others".—"Others" (not being "Approved Importers") are those who are resident in India, have The requisite financial capability of trans- acting the business BB certified by a scheduled bank in India, and are dealers in items other than hides and skins listed in Schedule A, B-I or B-II, vide Annexure II to this Public Notice, and
(i) are citizens of India, if they are (a) individuals or (b) kartae 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
(lv) are a co-operative society registered under the Co-operative Socie'- es Act.
6. Persons ineligible to participate.—Partners/Directors/proprletors and his/ her wife/husband or dependent relations (including unmarried children) of "ap- proved importer(s)" and "other(s)", as defined in paras 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 undertaking, on a stamped paper, to the licensing authority concerned as follows:
"I/We hereby declare that neither of the partners/directors/proprietors of the flrm/company, or his/her wife/husband, dependent relations or unmarried children, have submitted or will submit an application for CCP under this Public Notice for import of dry 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 dereflistered from the list of "Approved Im- porters" under the previous Trade Arrangements. (However, those "approved importers" who 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 4th November, 1968. will be allowed to participate if they arc otherwise eligible In terms of this; Public Notice);
(U) those who stand debarred from receiving import or export licences or release orders under the Import/Export Trade Control rules and re- gulations;
(iil) 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 obli- gation, which was previously extended upto 31st August, 1973, (vide Public Notice No. fl3-ITC(PN)/73, dated the 12th June 1973); has now been extended upto 30th November, 1973, vide Public Notice No 145-ITC(PN)/73, dated 4th Septemher. 1973. Even during this extended period also, namely, from 1st September, 1973 to 30th November, 1973, no fresh CCP would be issued to the concerned importers, unless they have completed their counter-balancing export obligation In full and in the prescribed proportion a3 between Schedule B.I and B.II items.
[PART I—Sic, 1] THE GAZETTE OF INDIA EXTRAORDINARY 1415(iv) Those who huye not attained the age of eighteen years (as on the date of this Public Notice).
7. Licensing Authorities.—The importers are required to submit their appli- cations for Initial CCPs to the respective licensing authority, on or before the 30th November, 1973 according to the Jurisdiction shown below:—
Jurisdiction Importers situated in
Licensing Authority
Joint Chief Controller of Imports and Exports, New CGO Building, New Marine Lines. Churchgate, Bombay,
Joint Chief Controller of Imports and Exports, Central Licensing Area, Indraprastha Bhawan, Indraprastha Estate, New Delhi.
Controller of Imports and Exports, Central Revenue Building, The Mall, Amritsar.
Maharashtra, Gu.iarat, New Kandla, Goa, Daman, Diu, Dadra and Nagar Haveli, Madhya Pradesh, Andhra, Tamil Nadu, Pondicherry, Karailkal, Mahe, Yanam. Mysore, Kerala, Laccadive, Minicoy and Amlndive Island.
Delhi, Raiasthan. U.P., Bihar, West Bengal, Andaman and Nicobar Islands, Orissa, Assam, Nagaland, Meghalaya, Tripura, Arunachal, Manipur, Mfcsoram.
Punjab, Haryana, Chandigarh, Himachal Pradesh, Jammu and Kashmir.
NOTE: Only the Head office o! :':i applicant flrm 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 furnished.—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- inj*. tnter-alia, the c.I.f. value of goods together with Treasury Receipt, showing Payment of application 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 aPP1Ied f o r- Applications should be submitted complete in all Tespect 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 1:o bo produced to the customs authorities.—'The invoice(s) relat- ing to inrorts should be produced In duplicate to the customs authorities at the time of clearance of the goods and It should Indicate clearly the quantity, the Tate, total, f.o.b. v^lue freight insurance and total c.i.f. value of the goods im- ported, CCP(s) should be obtained before the goods are despatched from Afganlst.an. If anv lmcorts are made without a valid CCP, such imports will be ire.ated as unauthorised imports and dealt with accordingly under the Import Trade Control/Customs rules and regulations.
10. Counter-balancing tradej—Trade with Afghanistan In respect of dry fruits and Schedule 'B-I' and 'B-IT' items shall be subject to a counter-balancing arrange- ment. The eligible participants can start the trade cycle either with import or with export, in accordance with the procedures laid down in this Public Notice.
11. Tmport first' Scheme,—Those who intend to start with imports from Afghanistan should apply for CCPs for the import of dry fruits upto the value limits indicated below:—
fa) "Approved Importers" to the r-ttent id 20 Der cent of the value of 1ho applicant's best year's imrjor< of drv fruits if the valu-* n£ Ihe V.est. year's imoorls is more than Rs, one lakh, and to the extent of 25 per cent of the value of best year's imports subject to a maximum of Rs. 20.000 in cases where the value of the best vear's import is Rs. one lakh or below. The best year's imports for this purpose would mean the imports of dry fruits from Afghanistan in any of the 5 years
1416 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1Jnamely, February, 1966—January, 1967 or August 1966-July, 1967, August 1967-July 1968, August 1968-July 1969, August, 1969-July 1970, and August 1970-July, 1971.
Note.—If an "approved importer" finds it more advantageous to claim a CCP 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 appli- cant will be required to produce a bank certificate in the prescribed proforma as also a bank guarantee equivalent to fifty per cent of the value of imports in order to ensure counter-balancing exports as required from the 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 obli- gation 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 to fifty per cent of the value applied for in order to ensure counter-balancing exports. In addition, they arc also required to furnish the following certificates:—
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 ot EP of the value of R s .— — ( R u p e es .—). They are dealers in — —. and In our judgment, they have the financial capability of 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.—It 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 dry fruits as long as the value of all the CCPs together does not exceed his initial entitlement, as referred to in sub-paragraph 11 (a) above.
13. Counter-export against imports.—(1) CCPs for import of dry fruits from Afghanistan will be granted to eligible applicants subject 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 imports, within a period of six months from the date of import or upto 28th February 1974, whichever is earlier. It will also be a condition of the CCP that not less than 50 per cent of the counter-balancing ex- ports shall be of items listed in Schedule 3-II.
(2) The Export of Schedule B-II items shall take place either before the ex- port of Schedule B-I items or concurrently with the export of Schedule B-I items.
(3) Importers are cautioned that the period allowed for completion of the counter-export obligation will not be extended under any circumstances. The traders should, in their own interest, ensure that they are in the position to dis- charge their counter-export obligation in terms of this Public Notice, within the prescribed time-limit, and In the prescribed ratio for items in Schedule B-I and Schedule B-II before they apply and obtain a C C P. In the event of their failure, for whatsoever reason, to fulfil the conditions subject to which the CCPs are granted to them, they will render themselves ineligible to receive any further CCP. apart from any other action that may be taken under the Imports and the Exports Trade Control/Foreign Exchange Orders, rules and regulations.
14. Further CCPs to be Issued on completion of 80 per cent export obligation.— An importer will be eligible to apply for a fresh CCP as soon as he completes
IP ART I—SEC. 1] THE GAZETTE OF INDIA EXTHAORDINARY 1417his 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 hxs 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 u period of six months or u8th February, 1974, whichever Is earlier.
15. E.P. Forms to be approved by the Reserve Bank.—KP. 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 exports to Afghanistan will be required to approach the Beserve Bank of India for approval of E.P. forms. The E.P. forms for exports •of Schedule B-I and B-ll items will be approved by the .Reserve Bank of India upto 25 por cent of the value o.[ the applicant's best years actual exports to Afghanistan made in any of the five years, namely, February 1066—January, 1967 or August 19H6—July, 1907, August 1967—July 1968, August 1968—July, 1969, August 1969 -July 1970 and August 1970—July 1971, or upto the value of Rs. 25,000 (Kupees twenty-five thousand only). Such approval will be given only in cases, where the value of Schedule B-II items is not less than BO per cent of the total value of exports to be made.
17. Counter-imports against exports.—>(1) E.P. forms covering exports to Afghanistan will be approved subject to the condition that the exporter shall im- port dry fruits from Afghanistan of a value equal to the value of exports, within a period of six months from the date of export or upto 28th February, 1974, which ever is earlier. The exporter will be required to execute a bank guarantee equal to 50 per cent of the value for which the E.P. form has been approved for the fulfilment of the counter-import obligation.
(2) Exporters are cautioned that the period allowed for completion of counter- import obligation will not be extended under any circumstances. The traders should, in their own interest, ensure that they are in the position to discharge their counter-import obligation in terms 01 this Public Notice, within the prescrib- ed time limit, bf lore they apply and get their E.P. form approved. In the event of their failure, for whatsoever reason to fulfil the conditions subject to which E.P. forms covering exports to Afghanistan were approved by the Reserve Bank of India, they will render themselves ineligible for participation in the Indo- Afghan trade apart from any otier action that may be taken under the Imports .and the Export Trade Control/Foreign Exchange, orders, rules and regulations.
18. Further E.P forms on completion of 80 per cent import obligation.—An ex- porter will be eligible to apply for approved of further E.P. forms for exports as soon as he completes his counter-import obligation in respect of earlier E.P. forms to the extent of 80 per cent. This, however, does not absolve him from his counter- import obligation eyual to 100% ol the value 01 exports, being fulfilled as indicated jn para 17 above; and this counter-import obligation is required to be fulfilled within a period of six months or 28th February, 1974, whichever is earlier.
19. Bonds with Bank Guarantees to be furnished to the licensing authorities.— "Bonds with Bank guarantee in fulfilment of counter-import/export obligation as referred to in paragraphs 11 and 17 above shall be furnished to the licensing authorities mentioned in paragraph 7, who will watch performance and enforce the guarantee. It may be clarified that in cases where bank guarantee is required fie importer/exporter will have to furnish the same in respect of each application for the grant of CCP for Import or for the approval of each E.P. form for exports as the case may be. In the event of the party's failure to discharge the counter-obligation within the stipulated period and to furnish documentary evidence in support thereof, the amount of bank guarantee will be liable to forfeiture without preiudice to any other action that may be taken in this behalf, including' disqualification from participating in the Indo-Afghan trade in future. The documentary evidence to be produced in support of fulfillment of counter- oMitration will be the same as indicated in paragraph 22 below. In add tion, the importers/exporters will be required 1o submit information monthly in respect of imports/exports and the counter-balancing obligations fulfilled by them in the enclosed proforma (Annexure IID =n ns to reach the licensing authorities concern- ed by the 7th of the succeeding month.
I 4 I8 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC, 1]20 Specimens of Bond/Bank Guarantee Forms.—The specimens of the bond/ bank guarantee forms to be furnished by importers/exporters are given In Annexure 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 officer 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 Guarantee from the ECGC.—The importers/exporters, who find difficulty in depositing the full amount of cash with their banks in order to secure the requisit '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 Guarantee Corporation of India, Express Towers (10th Floor), Nariman Point, Bombay-1],
22. Documentary evidence to be produced;—The following documents will constitute documentary evidence to be furnished in support of imports 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,
ftxiwrts.— '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-V and 'B-II' 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, which- ever Is earlier.
24. Distribution of C.C.Ps.—The Customs authorities will send the Customs' copy of CCt* to the concerned licensing authority direct, Indicating the actual utilisation of the quantity and the value covered by each C.C.Ps. In the prescribed ?orm 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 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 copies will be sent by them to the Office of the Chief Controller of Imports & Exports, New Delhi, for onward transmission to the Afhan 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.
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:
*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 require 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 help the importers /exporters to obtain the bank guarantee without making any cash deposit or against a reduced margin of deposit.
LPJAT I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY I419Afghan 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-exports should be equal to the value of imports as determined in the manner indicated above.
28 Manner of Payment.—Payment for dry fruits imported from Afghanistan and export of Schedule 'B-I 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 and to Affihahistan will be permitted subject to the condition that in respect of export 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 davs of despatch of the ftoods, 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 to produce the requisite landing certificate will render the exporter/importer con- cerned liable to penal action under the Imports and the Exports Trade Control/ Foreign Exchange rules and regulations.
30 No diversion to third Countries.—(1) It is agreed between the two Govern- ments that the goods imported bv either country from the oth,er would be used onl" fo" consumption in the country of Import. Serious notice will be taken of cases where i?oods imported from or exported to Afghanistan are diverted to a third country.
f2) Exporters of Schedule 'B-I' commodities shall also have to produce certificate of clpRranop through Afghanistan Customs as indicated in paragraph 29. For this purpose, a photostat copy of a certified cony of the document showing clearance through Afghanistan Customs shall be produced by the exporter to the Indian Customs authorities, as indicated in paragraph 2R.
31. T^a/le should desist from abusing the; system Maintenance of reasonable price*.—Trans is advised to ensure that the existing system is uaed In the interest Of consumers /nroducers In Tndia and Afghanistan and that the Trade Arrangement tfeciiWs the common objectives of healthy growth and diversification of trade bet- ween the two pountrie18 Thev should al^o ensure +h=>t reasonable prices are charcpri and efficient after sales-service )s maintained wherever necessary. Appronrinte penal action will be taken if the trade arranwnent i
ANNEXURE I
Indo Afghan Trade Arrangement For 1972-73
A delegation from Afghanistan led by H. B. Mr. Aref Ghaussi, Minister of Commerce, Royal Afghan Government and a delegation from India led by ghri h Ni n\^\T%' M I n's tJ?r 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 for 1072-7T They noted that process towards diversification of trade h a s TS banted The Wo delegations re-afflrmed their resolve to promote develop md diversify trade between India and Afghanistan to mutual advantage to eliminate concentration of Trade and to remove difficulties that have a r lC in the SK
1420 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—GUT. 1]in Afghanistan. India offered to make use of these extracts for Its own pharmace- utical industry for a period of twenty years. Afghanistan expressed its desire to purchase medical and surgical instruments and other surgical supplies manufac- tured in India. The two Delegations further agreed to import drugs and medi- cines manufactured in the two countries. As a step forward towards this, the concerned authorities of the two Governments would permit 1>e 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 they may be concluded between the two Governments from year to year, the two Governments re-affirmed their agreement to the following:—
(a) Import of Schedule 'A' commodities from Afghanistan will be permitted 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-I' 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 A' commodities.
(c) Payment of imports and exports of commodities not covered by Schedule 'A', 'B-I' and 'B-II' shall be made by establishing letters of credit In transferable U.S. dollars or Pound sterling.
(d) The special self-balancing account maintained by the Da Afghanistan Bank with the State Bank of India will continue to be 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 countrieo.
6. The two Governments will consult with each other periodically to review the above arrangements with a view to removing any difficulty in the working of this arrangements.
7. This trade Arrangement will come Into force from 1st March, 1972 and will remain valid for one year. Unless either Contracting Party gives notice of termi- nation or amendment one month prior to the expiry of this arrangement, it will automatically be extended by a further period of one year. On the expiry of the second year of the arrangement, unless either Contracting Party gives notice of termination or amendment, one month prior to t^e exniry of the second year, It will automatically be extended by a further period of one year.
Signed at New Delhi this Twentieth day of February, 1972.
Sd. M. AREF GHAUSSI,
Sd. L. N. MISHRA,
Ministry of Commerce. Ministry of Foreign Trade,
•Royal Afghan Government Government of India
Leader,
Leader,
Afghan Trade Delegation.
Indian Trade Delegation.
PART I--SEC. 1] THE GAZETTE OF INDIA EXTBAORDINARY I 4 2IANNEXURE II
SCHEDULE 'A'
Commodities for Export from Afghanistan to India
Fruits (dry and fesh all Unds). Asafeetida Cumin Seeds.
IlideB & Skins
(Medicines, Extracts of Medicinal Herbs and Plants produced in
Afghanistan.)
Import of these items is suspended for the time being.
Medicinal herbs (detailed as under).
English
Farsi
Zoofa
Gulc-Gawzaban Hed-Denna
Onnab Yarland Turanjabeen Daravvcnj
Hysep Rosa Rose Flower (dried). Gule Golab, Buglass (Horage). Quince (Borage). "White anj red Behmen (Urdu) Behmane (Safid wa Sorkh.) Jujube Ratanjot (Hindi) Manna Doroncum Manna (taken from Atrapharis Spinosa). Sheer-Khest Shireen Boia Liquoric (Mulathi) Shakakul "Wild Carret
Aiy athsr u n n u i i ty chat irny bi agreed upjn bitwoen the two Governments.
SCHEDULE 'B-F
Commodities for Export from India to Afghanistan
1. Tea other than C.T.C. and Dust, 2. Coffee. 3. Cardamon (Big and Small) 4. Pepper. 5. Tobacco—raw and unmanufactured, 6. Coir and Coir Products. 1. Dyeing and Tanning Substances (Natural). 8. Myroblam and Myroblam extracts. 9. Leather Manufactures Imported by private parties,
in. Jute Manufactures imported by private parties. 11. Cotton Yarn, Cotton Twist and Cotton thread.
SCHEDULE 'B-II'
Commodities for export from India to Afghanistan
1. Fabrics
Mill made and handloom, Including sarees of cotton, rayon and wool; hosiery and nitted garments of cotton, rayon and wool; other manufactures of slUt excluding sarees fabrics, sarees, scarves and zari.
MM _ T^GAZETTE OF INDIA EXTRAORDINARY [PART I _ SE C. J|2. Food Products
Confectionery. Fish—dried and salted. Fish prawns—dried. Preserved Mango and other vegetable products. Provisions and oilman's stores. Sage. Tapioca and its products, Cane jaggery/cane jaggery powder (India Gur).
3. Agriculture Products
Hydrogenated oils, i.e. vanaspati or vegetable ^hee. Vegetable oils and oilseeds.
4. Chemical Products and Soaps-
Chemicals and Chemical Preparations.
5. Pharmaceuticals
'Drugs, Medicines, and Antibiotics) Export of these itemt will remain suspended /or the time being Sera and Vaccines. Alkaloids of opium and its derivatives. Naphthalane. Soap-toilet and household. Toilet requisites and perfumery. Paints, pigments and varnishes.
6. Engineering goods
Printing machinery. Diesel engines. Pumps driven by dlesel engines and electric motors. Sewing machines. Bicycles and their parts. Textile machinery such as carding machinery and Weaving looms. Machine tools. Handtools and small tools, small rivercrafts. Sugarcane crushing machinery. Rice, Flours and oil crushing machinery. Ball bearings. Agricultural Implements. Automobiles parts other than those sent as spares with automobiles. 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 tourch lights. Batteries (dry and wet). Electric motors. Ebonites sheets, rods and tubes. Cables and Wires.
8. Household and Building requirements
Utensils including stainless steelware. Cooking ranges, heaters, electric iron, toasters, kettles, etc. Household electrical fittings and fixtures. Roofing tiles. Bricks. Linoleum. Sanitaryware. G.I. Pipes and fittings. Manhole cover and plates. Kerosene stoves. Incandescent oil pressure lamps. Safes, strong boxes and room fittings.
I^AHT I- -SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 142$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,
10. Rubber Manufactures
Tyres and Tubes, Other rubber manufactures.
11. Leather Manufactures
Imported by Government or Government undertakings. Artificial leather goods.
12. Handicrafts and cottage Industry Products
Stationery and Paper.
13. Miscellaneous
Exposed Cinena Films imported by Government or Government undertakings. Commercial decorative plywood. Glassware including tableware, glass bottles and bangles. Artificial porcelain teeth. Synthetic stones. Books and printed matters. Cigarettes. Postage stamps. Refined mineral oils. Bichromates. Sports goods. Firebricks and fireclay. Ropes,
14. Jute Manufacturps imported by Government or Government undertakings
15. Any other commodities agreed upon between the tiro Governments
SCHEDULE 'C' Illustrative List of Products Available for Export from India
1. Machinery and Plants and parts thereof e.g.
(i) Mining Machinery & Equipment, (ii) Canning Machinery and parts thereof. (Hi) Slaughter House Machinery, (iv) Cement Plants.
2. Road Making and Construction Machinery e.g.
(i) Cement mixers. (ii) Vibrators. (Ill) Stone crushers. (lv) Polishing equipment. (v) Road Rollers (vi) Bulldozers.
3. Iron and Steel Construction Materials not mentioned under the heading "Hardware" in Schedule 'B'.
4. Petrol Pumpa.
5 Electric Generation, distribution and Sub-station equipment including port- able and fixed generators.
14 24 T HE GAZETTE OF INDIA EXTRAORDINARY [PART J SEC. 1J6. Water treatment, sewage and Public Health Engineering Producis.
7. Telecommunication Equipment e.g. Telegraph and Telegraph Apparalug & Equipment, Telephone Equipment etc.
8. Motor vehicles e.g. trucks, buses, dumpers, and jeeps Including parts and anciUaries Imported without motor vehicles.
9. Wood working machinery. 10 Refrigerators. 11. Tractors. 12. Compressors. 13. Lathes 14. Graders. 15. Central Alrcondltionlng equipment. 16 Accounting Machines. 17. Cutting Tool*. 18. Ferrous and Non-ferrous casting & forgings. 19. PV.C. products—including P.V.C Footwear 20. Radio Receivers. 21. Cranes. 22 Sugar, 23. Other Items not Included in Schedules 'B-I' and 'B-II' to the Trade Arrange- jnent.
ANNEXUREIH
[
Form of Affidavit to be Filled in by Importer) Exporte
P A R T
I
—
I ."We hereby solemnly decfare that the following statement is true and correct to the best of my/our knowledge and belief I/We fully understand that any CGP/E.P. approval granted to ine/us on the basis of this statement is liable £0 cancellation without prejudices to any other penal action that may be taken in this behalf, if any information furnished is found to be incorrect or false.
S K C
Particulars ofE. P. approvals.
,
1
]
fasue
Signature Name in block letters E.P. form No Date of issoe.
Particulars of C.C.P. C G. P. No Date of Description of goods Name & address of the firm Description of goods Value
Value
EXPORTS
IMPORTS
T H B
Percentage
C.A.V/CJWW.of
Item of
For the month
of
Total CRs.)
Adjustments due to the transfers
Percentage of Escess/short- ending
import -s
Total (value) (Rs.)
• fall imports made under CCPs. of the current Agreement Period.
B-I B -n items items
Schedule B-I items (value) (Rs.)
Add! Deduct (Rs.) (Rs.)
Schedule B-n items (value) (Rs.)
G A Z E T T E a A. v. a A. w.
(+) (—) B-I B-n items items
10
11 12 2
8
9
5 6
3 4
1
7
13 14
O P
B.F.
I
N D
I
A (i) give progressive totals of pre- vious months of each item *)
(ii) ••••• (give month and year and also specify the items)*.
E X T R A O R D
I
The items are :—
N A R Y 1. Fresk fruits ; Grapes, Pomegrantes & otters. 2. Dry fruits (I) Almonds—Soft shell, Hard Shell, without shell (ii) Pista—With shell. Without shclL
Other items seeds
3. Asafeetida 4. Gumin Seeds 5. Medicinal IJerijs-5
1 4 3 5
4*6 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1]ANNEXUREIV
Specimen Bond from for Importers under the Indo-Afghan Trade
ARRANGEMENT
If the importer/surety is the sole proprietor of the business after giving his name and address it may be added, "his heirs, executors and administrators".
LC the Importer/surety is a firm of partnership, it may be added "partners for the time being of the said nrm and the survivors of the firm and their respective heirs, executors and administrators".
If the importer/surety is a limited company it may be added "Its successors and assigns."
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 "ach of our heirs, executors, administrators, successors and assigns (strike out the words which are not applicable) jointly and severally by these presents dated r this —• • date • of —— ——— ~_
"Whereat the Joint/Deputy Chief/Controller of Imports and Exports (herein- after referred to as the Joint/Deputy Chief/Controller) which expression shall include the person for the time being performing the duties of the said Joint/ Deputy Chief /Controller has agreed to permit the importation of dry .Cili'ts from Afghanistan subject to the production of a bank guarantee equivalent to fifty per cent of the value of imports, as provided Jn the Ministry of Commerce Public Notice No. 176-ITC(PN)/73, dated 27th October, 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 hereinabove 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/Controller of Imports and Exports,——— — export item^ as mentioned in Schedule B-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 concurrently with the export of Schedule B-I items: and that the total value of exports to be made 'will be equal to the customs assessed value of goods imported from Afghanistan. Secondly, if the said importers nnd/or surety shall procure and deliver or cause to be procured and delivered to the Joint/Peputy Chief/Controller 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 aforesaid and also documentary evidence such as Drescrlbed in paragraph 32 of the Ministry of Commerce Public Notice No i7G-ITC(PN)/73. dated 27th October, 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 asspssed 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) Any forebearance act or omission on the part of the Government Jn enforcing the conditions of the aforesaid bond against the importers or any time being granted or any indulgence by the Government to the importers in connection there with shall not discharge the surety.
PABT I—SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1427(c) That this bond la entered Into under the order of the Central Government
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 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 said 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 their occupation and address Sifined, sealed and
•delivered by the within named surety in the presence of
1. 2. (Witness should also give their occupation and address).
For and on behalf of the President of India
ANNEXURE V
If the exporter/surety is the sole proprietor of the business after Riving 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 f°r the time being of the said firm and the survivors of the firm and their respective heirs, executors and administrators".
II the exporter/surety is a Limited Company it may be added ''Its successors and assigns".
Specimen Bond Form for Exporters under the lndo-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 and permitted assigns) and (2) of (hereinafter called "the surety1' which expression shall, unless excluded by or repugnant to the context include his/their respective heirs, executors, adminis- trators and legal representatives/successors and permitted assigns) are jointly or severally held and firmly bound upto the President of India" the herein after called "the Government" in the sum of Rs.— • —• _ ~n —_ to be paid to the said Government or its successors and assign 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, legal representatives/ successors and permitted assigns (strike out the words which are not applicable) jointly and severally by these presents-—-——————.—— ——dated this of :-—; dated
Whereas the Reserve Bank of India — —— has permitted the export of Schedule B-I & B-Il items; against E.P. Form No. . ———dated •— -, subject to the production of a bank guarantee equiva- lent 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 per cent of the total value of expprts, as indicated in the Ministry of Commerce Public Notice No. 176-ITC(PN)/73 dated 27th October, 1973,
1428 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. 11And whereas one of the terms provides that the exporters will execute a bond along with one sufficient surety with the Joint/Deputy Chief/Controller of Imports. & Exports, Government of India, which expression will include the person for the time being performing the duties of the Joint/Deputy Chief/Controller of Imports & Exports—— ^^^-————in the manner herein above written with such conditions as are hereunrier;
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 of the Ministry of Commerce Public Notice No. 176-ITC(PN)/73, dated 27th October, 1973 of the value equal to the value of the goods exported to Afghanistan under the Indo- Afghan. Trade Arrangement 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 3aid 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 and also documentary evidence such as prescribed in para- graph 22 of Public Notice referred to above, showing that the value of lmport" 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 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 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 effect 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 liabilit 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.
Signed, 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. (Witness should also give their occupation and address).
For and on behalf of the President of Tndia.
8. G. GOSE MULLICK,
Chief Controller of Imports and Exports.
'PART I - - 3 K :. 1] THE GAZETTE OF INDIA EXTPAORDINAHY 1429 1430 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1] 'PART I—Stc. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1431 1333 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. 1] rPARTjr—Sw;. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1433 1434 T HE GAZETTE OF INDIA EXTRAORDINARY [PART I—SI*. 1] -[P.utT I—Sic. 1] THE GAZETTE OF INDIA EXTEAORDINAHY 1435 1436 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT I—SEC. 1] [FART I—S"C. 1] THE GAZETTE OF INDIA EXTRAORDINAftV 1437 I438 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—Site. II [FAST I—SEC.. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1439 1440 THE GAZETTE OF INDIA EXTRAORDINARY [PABT I—SEC. 1] [.FART I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1441 1442 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—Sac. 1] TART I—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1442/110. iw wt
12. 5?cr1WT g^TT 'T?
13. fVftW
srV
1 5.
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( 1)
1442/2 THE GAZETTE OF INDIA EXTRAOEDINAKY [PAHT I—SOC. 1] [Pitts t-BiC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1442/3 1442/4 T HE GAZETTE OF INDIA EXTRAORDINARY [FAfct I-r-Ss& tyF*HW W t oc 11 .XHF. QA7.H1TH^OF. JMDlA-JagEBAOltI>IWA"y I44J/5
1443/6 THE GA2B5TTE OF INDIA EXTRAORDINARY [P*M I-^flBo. ljLP4|P3-I*TS*c. 1] IHE OAZBTTK Of INDIA SXTKAQBDXNAR>\ 1443/7
%4&fi TH*1' PE"AKT *—Scc.ll THE GAZETTE Otf INDIA EXTRAORDINARY i$&M i444/io THE GAZETTE OF INDIA tiXT&AOBDttfA"Y [?AW: l—Siee. 11
PBIHTE) BY TED MANAGER, GOVERNMENT OF INDIA ROSS, MINTO KOAD, "W DMjn AND ttrBLTBHlCD BY THK CONTROIXBR Or FWKJCATrONB, BEtHl, 1"73