REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 304] NEW DELHI, SATURDAY, DECEMBER 15, 1973/AGRAHAYANA 24, 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 15th December 1973
SUBJECT.—Import Policy for Registered Exporters for 1973-74—Registration of export contracts (Amendment No. 71).
No. 219-ITC(PN)/73.—Attention is invited to the provisions pertaining to "Registration of Export Contracts" as contained in paragraphs 56 to 64 of Part 'B', Section I of the Import Trade Control Policy (Red Book—Vol. II) for April 1973— March 1974, read with the clarification issued under the Ministry of Commerce Public Notice No. 173-ITC(PN)/73, dated 24th October, 1973.
2, The existing paragraph 64 referred to above may be re-numbered as "64(1)" and the following new sub-paragraphs may be added thereafter:—
"(2) The provisions made in sub-para (1) above will also apply in cases where the Indian exporter is a sub-contractor and the main contractor is a foreign party whose tender has been accepted, provided the name of the Indian exporter ap- pears as a sub-contractor in the tender and in the main contract.
(3) These provisions regarding registration of export contracts and for the grant of import replenishment licences against registered contracts will also apply in the following cases:—
(a)Where an Indian exporter enters into a contract with a foreign Govern- ment or foreign public utility, for which there was no tender, the date
(1795)
179" THE GAZETTE OF INDIA EXTRAORDINAKY [PART I—Sre. 1Jon which the Indian exporter made the 'offer' will be taken as the crucial date for determining the import replenishment due (instead of the date of the contract).
(b) Where an Indian exporter enters Into a sub-contract, the main con- tractor is a foreign party and there was no tender for the main con- tract, the date on which the Indian exporter made the 'offer' in pur- suance of which the sub-contract has been finalised, will be taken as the crucial date for determining the import replenishment due (Instead of the date of the contract), provided the name of the Indian exporter appears as a Bub-contractor in the main contract.
(c)' In cases covered by (a) and (b) above, the date of 'offer' will be taken as the crucial date only if there is no price variation between the date of submission of the 'offer' and acceptance of the same and subject to other conditions laid down. In cases where there is a variation at the time of acceptance of the 'offer', only the later date, i.e. the date of acceptance of the 'offer' will be taken as the crucial date.
X&)' Certified copies of 'offers' In such cases should be sent by the Indian exporters, duly signed by them, in closed sealed cover under Regis- tered A.D. by name to Shri K. S. Gupta, Joint Chief Controller of Imports and Exports, Udyog Bhavan, New Delhi, simultaneously but at any rate not later than five days from the date of the 'offer'. If there is any change In the first offer', a copy of the second or sub- sequent 'offer', duly signed, should be sent in the same manner to the officer named above.
(e) In the event of an 'offer' having been finally accepted, and a contract signed, the Indian exporter should register the contract with an authorised dealer in foreign exchange through whom the relevant export documents are negotiated, within 30 days of the signing of the contract, in accordance with the procedure laid down for regis- tration of contracts. The exporter should also send a certified copy of the contract to the designated officer named above in a Registered A.D. cover within 10 days of the signing of the contract.
r(f) After the certified copy of the contract has been received, the offer (s) already received will be opened in the presence of the authorised re- presentative of the exporter and compared with the terms of the con- tract If there is no variation between the 'offer' and the 'contract, the date of 'offer' will te taken as the crucial date for determining the Import replenishment due.
Xa.) The determination of 'crucial' date referred to in (f) above will be sub- lect to the approval of the Chief Controller of Imports and Exports and subject to other conditions and the policy applicable from time to time in respect of such cases and the benefits available to registered contracts under the import policy for Registered Exporters.
(h) The Chief Controller of Imports and Exports or the designated officer named above will be free to make any enquiries he may consider necessary In regard to the 'offer' and the 'contract' in order to decide about the eligibility of the claim under this policy.
(I) The prescribed minimum delivery period of six months will be waived in respect of such contracts, and contracts having a lesser delivery period will also be registered if otherwise in order.
on or after the date of this Public Notice.
S. G. BOSE MULLICK,
Chief Controller of Imports and Exports.
[PAST I—SIC. 1) THB GAZETTE OF INDIA EXTRAORDINARY 1797 1798 "THE GAZETTE OF INDIA EXTRAOBDINARY ' [PART I—SEC. 1]