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REGISTERED No.-D-(D)-73

The Gazette of India

EXTRAORDINARY

PART I- SECTION 1

P U B L I S H ED BY A U T H O R I TY

No. 61] New Delhi, Monday, April 7, 1975 (Chaitra 17, 1897)

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

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE

Import Trade Control

PUBLIC NOTICE No. 22-ITC (PN)/75

New Delhi, the 7th April 1975

SUBJECT—Import Trade Control Hand Book of Rules and Procedure, 1975-76

A revised edition of the Import Trade Control Hand Book of Rules and Procedure is issued under this Public Notice.

B. D KUMAR, Chief Controller of Imports and Exports

(285)

I CC of I & E/75

CHAPTER I

INTRODUCTION

Origin and Development of the Legislation

1. Origin : Import Trade Control was first introduc- ed in India as a war-time measure in the early stages of the Second World War. A notification to this effect was issued on May 20, 1940, in, exercise of the powers conferred by the Defence of India Rules. The primary object of this measure was to conserve foreign exchange resources for the successful prosecu- tion of war and to make the best possible use of the limited shipping space available. To begin with, the import of only 68 commodities, mainly consumer goods, was subjected to control. Subsequently, with the growth of exchange difficulties, it became neces- sary to extend the control to other commodities as well. On December 31, 1940, unmanufactured and semi-manufactured steel was brought under control. On February 15, 1941, the import of machine tools was controlled. On August 23, 1941, most of the remaining commodities, particularly capital goods and other goods, required for industrial purposes, were brought within the ambit of control. Tn January, 1942, the remain- ing few items were also subjected to control, thus covering the whole field of imported articles under the system of control. On July 1, 1943, a con- solidated notification was issued pertaining to all the controlled items, except machine tools.

2. Development of the legislation ; After the end of the War and the lapse of the Defence of India Rules in September, 1946, Import Trade Control was kept alive bv the Emergency Provisions (Continuance) Ordinance, 1946. This was replaced by the Imports and Exports (Control) Act, 1947 (18 of 1947), which came into force on the 25th day of March 1947. The Act was initially valid for a period of three years. Thereafter, it was extended by the two successive terms of five years each and one term of six years upto March 31, 1966. Thereafter is was

Licencesing authorities and their jurisdiction.

(i) Thf Joint Chief Controller of Imports and Exports, 4-Esplanade East, Calcutta, with jurisdiction over the States of Orissa, Bihar. West Bengal, Tripura and Andaman and Nicobar Islands.

(ii) The Joint Chief Controller of Imports and Exports, Central Govt. offices. New Build- ine, SE Witi£, New Marine. Lines, Church Gate, Bombay with jurisdiction over the whole of re-oreanised States of Madhya Pradesh and Maharashtra.

(iii) The Joint Chief Controller of Imports and Exports. Customs House, Madras, with iurisdictiori over the wr)ple of Tamil Nadu •"•••' State.

JTCofI*E/75

further extended by five years upto March 31, 1971. The Act has since been extended for an indefinite period. Under this Act, the Central Government issued several notifications which were replaced by a consolidated Order called the Imports (Control) Order No. 17/55 dated December 7, 1955. This Order, as amended from time to time continues to be in force. The Imports and Exports (Control) Act, 1947, and the Imports (Control) Order 1955, as amended, are reproduced in Appendices 1 and 2 to this book.

'

3. Hems under control : At present, the Import Control covers practically all articles. Such articles are included in Schedule 1 to the Imports (Control) Order, 1955, and their import h prohibited except under and in accordance with a licence or a customs clearance permit issued under the said Order or an Open General Licence issued by the Central Govern- ment, or if they are covered by any of the 'Savings mentioned in Clause 11 of the aforesaid Order. Im- port of gold, silver currency notes, bank notes and coins is controlled by the Reserve Bank of India under the Foreign Exchange Regulations Act.

Licensing Authorities

4. The Office of the Chief Controller of Imports

was set up in New Delhi on August 23, 1941. Subse- quently, other subordinate licensing offices were also set up.

5. (1) Apart from the Chief Controller of Imports and Exports, Udyog Bhavan, New Delhi, (telegraphic address and telephone number CHIFCONIMPEX New Delhi 371586), there are the following regional licensing authorities. Their telegraphic addresses, telephone numbers and jurisdictions are given be- low:—

Telegraphic Address & telephone number

CONTMPEXTRA CALCUTTA 23-6830

CONTMPEXTRA BOMBAY 298040

CONTMPEXTRA MADRAS PBX 21351

(iv)

CONIMPEXTRA NEW DELHI 275409

The Joint Chief Controller of Imports and Exports, Central Licensing Area, Indra- prastha Bhavan, 'A' Wing, New Delhi, with jurisdiction over the whole of Rajasthan, Punjab, Haryana, Delhi, Chandigarh and Hiraachal Pradesh.

(v)

CONIMPEXTRA PANJIM 2743

The Deputy Chief Controller of Imports and Exports, Ashirwad Building, Panjim (Goa), with jurisdiction over Goa, Daman and Diu, and Dadra and Nagar Haveli including ap- plications from actual users for import of Iron and Steel.

(vi)

CONIMPEXTRA ERNAKULAM 31397

(vii)

CONIMPEXTRA KANPUR 69648

(viii)

CONTMPEXTRA AHMEDABAD 26427

The Deputy Chief Controller of Imports and Exports, T.D. Road, Ernakulam, Cochin-11, with jurisdiction over whole of Kerala State and union territory Lakshadweep including applications from actual users for import of iron & steel. The Deputy Chief Controller of Imports and Exports, 7/194, Swaroop Nagar Kanpur-2, with jurisdiction over the whole of Uttar Pradesh, including applications from actual users for import of iron and steel. The Deputy Chief Controller of Imports and Exports, Multi-Storeyed offices Building, near Lai Darwaja, Ahmedabad with jurisdic- tion over the whole of Gujarat State exclud- ing those districts of old Bombay State, which were formerly known as Saurashtra and Kutch, including applications from ac- tual users for import of Tron and Steel.

fix)

CONIMPEXTRA HYDERABAD 32061

fx)

CONIMPEXTRA BANGALORE 74232

(xO

CONIMPEXTRA RAJKOT 24410

(xn)

CONTMPEXTRA PONDICHERRY 411

The Deputy Chief Controller of Imports and Exports, Premises No. 11.-6-860, Red Hills, Hyderabad, with jurisdiction over the whole of Andhra Pradesh, except areas which are under the jurisdiction of Controller of Im- ports & Exports. Visakhapatnam including applications from actual users for import of Iron and Steel. The Deputy Chief Controller of Tmporlft and Exports, Syndicate Bank Building, P.TC. No. 9688, Gandhi Nagar, Bangalore-9, with jurisdiction over the whole of Karnatnln State, including applications from actual users for import of Tron and Steel. The Controller of Imports and Exports Desai Building. Bhupindra Road, near Town Hall Rajkot, with iurisdiction over those districts of old Bombay State Which were formerlv known as Saurashtra and now included in Gujarat State excluding Kutch, including applications from actual users for imnort of Tron and Steel, TV Controller of Imports and Exports P.B. No. 14. Pondicherrv. with iurisdiction over Pondichcrry, Karaikal, Mahc and Yaman, including aopiicaHons from actual users for import of Tron nnd Steel. The Controller nf Tmnorts and Exports. 25.8.109, Main Road, Visakhapatnam, with jurisdiction over four districts of Andhra

CONTMPEXTRA VISAKHAPATNAM 2784

Pradesh, namely Srikiikulam, Visakhapat- nam, East Gudavari and West Godavari, in- cluding applications from actual users for im- port of Iron and Steel.

(xiv)

CONIMPEXTRA AMRITSAR 45203

i The Controller of Imports and Exports, C.B.R. Building, Mall Road, Amrilsar with jurisdiction for issue of licences to registered importers who have opted to obtain their licences from him for imports from Afghanistan.

(xv)

CONIMPEXTRA SRINAGAP 2257 (SRINAGAR) 5184 (JAMMU)

The Controller of Imports and Exports, Srinagar, with jurisdiction over the state of Jammu and Kashmir, including applications from actual users for import of Iron and Steel- (Note : During winter, a camp office will function at Jammu (Exhibition Grounds, Jammu) for seven days in each month as per announcement to be made from time to time by Controller of Imports and Exports. Srinagar).

(xvi)

CONIMPEXTRA NEW KANDLA 7035

i The Controller of Imports and Exports, Administrative Building, Kandla Free Trade Zone, Gandidham (Kutch), with jurisdiction ,ov^r those districts of old Bombay State which were formerly known as Kutch and now included in Gujarat State (includ- ing New Kandla Free Trade Zone) but excluding areas in Saurashtra,

fxvii)

CONTMPEXTRA SHILLONG 3360

The Controller of Imports and Exports, Morele Building, Shillong, with jurisdiction over the States of Assam, Meghalaya, Mani- pur, Nagaland, Arunachal Pradesh and Mizoratn. including applications from actual users for import of iron & steel.

(xviii)

SEEPROZONE 258551

The Deputy Development Commissioner (Imports & Exports), Electronics Export Processing Zone, Santa Cruz, Bombay with jurisdiction in respect of units situated in the Electronics Export Processing Zone, Santa Cruz, Bombay (SEEPZ).

(2) From April 1, 1969, the licensing authorities dealing with iron and steel and ferro-alloys hnve also been placed under the Chief Controller of Imports ft Exports. New Delhi. From April 1, 1972, these offices will function as under :—

Licensing authorities and their jurisdiction

CONIMPEXTRA BOMBAY 291537

(i) The office of the Deputy Iron and Steel Controller, Bombay will stand merged with the office of the Joint Chief Controller of Imports & Exports, Bombay. The offiVo will have jurisdiction for issue of import licences to actual users (excluding those sponsored by the DGTD, the Jute Commis- sioner and the Tea Board) situated in the States of Maharashtra, Madhya Pradesh, and actual users sponsored by the Textile Commissioner. Application for import licences should be addressed to the Joint Chief Controller if Imports

( i i )'

CONIMPEXTRA MADRAS 20081

& Exports (Iron & Steel Division), Central Government offices New Building, North West Wing, New Marine Lines Churchgate, Fort, Bombay-1. The office of the Deputy Assistant Iron & Steel Controller, Madras will stand merg- ed with the office of the Joint Chief Con- troller of Imports & Exports, Madras. The office will have jurisdiction for issue of im- port licences to actual users (excluding those sponsored by die DGTD, the Jute Commissioner, Tea Board and the Textile Commissioner) situated in the States of Tamil Nadu. Applications for licences should be addressed to the Joint Chief Con- troller of Imports & Exports (Iron & Steel Division), Vth Floor, Laboratory Block, Custom House Buildings, Madras-1.

(iii)

CONIMPEXTRA CALCUTTA 23-6837

The Joint Chief Controller of Imports a Exports (Iron and Steel Division), 4, Esplanade East, Calcutta-1, with jurisdiction for issue of import licences to the following categories :— (a) Actual users (except those whose spon- soring authorities are the Director General of Technical Development/ Textile Commissioner) in the States of West Bengal. Bihar, Orissa, TripUra, Andaman and Nicobar Islands and also actual users whose sponsoring authori- ties are Tea Board/Jute Commissioner. (b) Public sector undertakings including S.T.C., M.M.T.C., Major steel plants as well as steel plants in the private sector, but excluding industrial under- takings hi the public sector borne on the books of the DGTD. However, applications from public sector agen- cies for the items the import of which is canalised, will be dealt with by the Chief Controller of Imports & Exports (R.M. Cell), Udyog Bhavan, New Delhi.

(c) Import applications against Govern- ment contracts, i.e. contracts placed by the D.G.S. & D., Railways and De- fence.

(iv)

REGNALSTEEL FARIDABAD 3093

The Deputy Chief Controller of Imports & Exports -(Iron & Steel), Central Govt. offic- es Buildings, New Township-IV, Faridabad, with jurisdiction for issue of import licences to actual users sponsored by the D.G.T.D. including public sector industrial under- takings borne on the books of the D.G.T.D., and actual users situated in the States of Rajasithan, Punjab, Haryana, Hlmachal Pradesh, Delhi and Chandigarh (excluding those sponsored by Jute Commissioner. Tea Board and Textile Commissioner).

(3) The jurisdiction of hte licensing authorities for the purpose of licensing under the import policy for registered exporters is given separately in Chapter V of this book.,

CHAPTER n

GENERAL LICENSING PROCEDURE

6. The instructions contained in this book will be applicable subject to such amendments as may be made in future and the provisions of the relevant Im- port Trade Control Policy Book.

Categories of Importers

7. (1) For the purpose of licensing importers ate

divided into the following broad categories :—

(5) As a measure of simplification of procedures for a prompt disposal of import applications for raw materials, components and spares rrom actual users and registered exporters, check-sheets have been de- vised as given in Appendix 38 to this Book. The check-sheet, duly filled in and signed by the applicant, should be furnished with the impqrt application.

Persons authorised to sign applications

(i) Established Importers,

(li) Actual Users:

(a) Industrial.

(b) Services (i.e., non-industrial).

(c) Hospitals and Institutions.

(iii) Registered Exporters to whom licences are issued under tne import policy for registered exporters.

(iv) Others.

(2) The applications for licences are considered in 9. (1) Application for an import licence should be signed by a person duly authorised by the applicant. Tne position/authority held by the person signing the application should be clearly stated in the application.

(2) An application which is not duly signed by a person authorised to sign it on behalf of the applicant, will be liable to be summarily rejected, without preju- dice to any action that may be taken against the person signing the application.

Application fees

terms of the relevant policy in force.

Application Forms

8. (1) The applications for licences are required to

be made on prescribed forms.

(2) There are separate forms of application for (i) esiublished importers, (ij) actual users, not borne on the registers of the Directorate General of Technical Development, including small scale industries, (iii) actual users borne, on the registers of the Directorate General of Technical Development, (iv) Public Sector projects/undertakings, (v) Capital Goods and Heavy Electrical Plant, (vi) establishment of quotas or revi- sion of quotas by established importers, (vii) regis- tered exporters and (viii) Educational institutions and hospitals. Application forms have also been prescrib- ed for newspaper establishment, for units located in Kandla Free Trade Zone and Electronics Export Pro- cessing Zone, Santa Curz, Bombay, for revalidation of import licences and for replacement licences. Th"se forms are given in Appnedix 3 to this book. The application forms, for registered exporters are given in Appendix 4.

(3) The forms of application can be obtained from all the licensing offices and also from authorised dealers in Government publications on payment of 15p. per form. If the forms are not readily available the applicants can use their own typed, cyclostyled or printed copies of the prescribed forms. The applica- tion form prescribed for actual users, other than those borne on the books of the D.G.T.D., may also be available from the offices of the State Directors of In- dustries.

(4) An applicant should submit one or more copies of the application, as required, under the rules or as indicated in the prescribed application form.

10. (1) An application for import licence should be accompanied by a fee, in accordance with the scale prescribed hi Schedule 111 to the Imports (Control) Order, 1955, dated the 7th December, 1955, repro- duced in Appendix 2 to this book. The scale of application fees has been revised with effect from the 1st May, 1967, and ihc revised scale is applicable to all import applications, whether made on annual basis or others. (Appendix 2 contains the revised scale of fees).

(2) An applicaiton for additional licence or replace- ment licence should also be accompanied by a fee, in accordance with the prescribed scale.

(3) In respet of subsidiary licences, split-up licences or duplicate licences, a fee of Rs. 5/- will be charged for each licence.

(4) In the case of 'second' appeal, preferred to the Chief Controller of Imports and Exports, New Delhi, against the decision of a licensing authority, a fee of Rs. 10/- is required to be paid.

(5) In the case of review application preferred to the Chief Controller of Imports and Exports, New Delhi against his decision on 'second appeal', a fee of Rs. 10/- is required to be paid.

(6) In respect of an application for transfer of R EP licence made by an eligible export house, a fee of Rs, 10/- is required to be paid.

(7) Head of Account : Fee should be deposited, in cash, at any Government Treasury, office of the State Bank of India or the Reserve Bank of India, transacting the business of Central Goemment, for credit to the Central Government under a separate head 'Import Licence Application Fees', subordinate t© the major

(4) If any applicant belongs to any of the aforesaid exempted categories he should say so clearly in his application for licence.

(5) No application fee will be charged in cases where the import of any item has been canalised through a recognised agency; and the actual users or others are allowed to obtain allotments of such goods directly from such agency without making an applica- tion to the licensing authority concerned.

Refund of application fees

head '104-—Other General Economic Services'. The treasury or bank receipt must show the name of the dependent viz., 'Import and Export Trade Control Organisation', and particulars of the application for the grant cf import licence, namely description of goods for which the licenc eis applied for with then- value, and the licensing period, in the coumn : 'full particulars' in the challan form T.R. 6, and must be attached to the application, before submitting the same to the proper authority. The application must also contain details of the treasury receipt, under which the requisite fees has been deposited.

(8) Application fees may also be accepted in lump sum in certain cases in accordance with the procedure as may be laid down in this regard.

(9) Applicants are advised, in their own interest, to prefer the treasury chalians to the licensing authorities, complete in all respects, incomplete treasury chalians will not be accepted.

(10) In case where an applicant has lost the original treasury/bank receipt or challan the licensing authority may accept a certificate from the treasury office/bank/ Accountant General, Commerce, Works and Miscel- laneous, New Delhi, in support of the amount having been depositde. In such a case, the applicant should also file an affidavit on a stamped paper to the effect that the treasury/bank receipt/challan, hi question has been lost and has not been utilised in obtaining or applying for a licence or for claiming a refund or hi any other manner; and that, if found subsequently, it shall be returned to the licensing authority concerned for record and will not be utilised in any manner. The particulars of the treasury/bank receipt/challan, namely, the licensing period, the amount and descrip- tion of goods etc., should also be stated in the affi- davit.

12. (1) The application fee once received is not re- fundable except in the circumstances specified in Clause 4 of the Imports (Control) Order, 1955, dated the 7th December 1955.

(2) An application for refund of fee in the pres- cribed form (Appendix 36) will be entertained by the licensing authority within whose jurisdiction the fee was paid. While making the application for refund, the applicant should send the original treasury/bank receipt or challan, pertaining to the fee sought to be refunded. In case the original receipt/challan has been sent with the application for licence, the number and date of the receipt challan and the name of the treasury bank wnere fee was deposited, should be given.

(3) The applicant should also state clearly the reasons for claiming refund of the application fee. Moreover, where an application for refund is not made within a reasonable time, the delay should be explained by the applicant. It may be clarified that no applica- tion for refund of fee is cntertainable, if made after the expiry of 3 years from the date when the right to have the refund of the fee accrued.

(4) The licensing authority may also call for any information or details from the applicant for consider- ing his claim for refund.

Exemption from payment of fees

11. (1) Exemption has been granted from payment of fees on applications for licences in certain cases, in terms of Clause 4 of the Imports (Control) Order, 1955, dated the 7th December 1955. Also, accord- ing to the Table in Schedule III to the said Imports (Control) Order, no fees shall be leviable on an appli- cation where the goods sought to be imported are re- quired for the personal use of the applicant, for pur- poses not connected with trade or manufacture, irres- pective of the value of such goods. This exemption is not, however, applicable to the import of cars and other vehicles.

(2) Newspaper establishments, applying for import of newsprint for a value covering a quantity of not more than 40 tons have also been exempted from pay- ment of application fees.

(3) No fees shall be payable in respect cf an appli- cation made by a State or Central Government or any Department or Office of State or Central Government, or local authority, or an educational or charitable in- stitution importing goods for its own consumption, even if the import is made through another agency, under a letter of autority.

(5) In a case where the applicant has lost the origi- nal treasury bank receipt or challan, the licensing authority may accept a certificate from the treasury office/bank/Accountant General, Commerce, Works and Miscellaneous, New Demi, in support of the amount having been deposited. In such a case, the applicant should also file an affidavit on a stamped paper to the effect that the treasury bank receipt or challan, in question has been lost and no refund of the amount thereof has been separately claimed or ob- tained or will be claimed and that the treasury/bank receipt or challan, if found subsequently, will be re- turned to the licensing authority concerned, and will not be utilised in obtaining or applying for a licence or in any other manner. The particulars of the treasury/ bank receipt or challan, namely, the amount and the description of goods etc., should also be stated in the affidavit.

(6) The refund order issued to an applicant will be valid for a period of 3 months only in accordance with Rule 403-A of the Central Treasury Rules (Vol. I). Requests for revalidation may be considered on merits, for a period not exceeding 9 months from the date of expiry of the refund order.

(7) Where a claim for refund of application fees is rejected, the licensing authority may communicate the reason for such rejection to the applicant.

Part I.—Irdan and steel and non-ferrous metals and

manufactures thereof.

Part II.—

Income-tax Verification

13. (1) Subject to the exceptions made in these provisions, all applicants for import licences are re- quired to obtain Income-tax Verification Certilicate/ Registration/Exemption Number from the appropriate licensing authority and to quote that number in their applications for licences.

(2) Where the import of any goods has been cana- lised through a recognised agency and the actual users or others are required to obtain allotments of imported goods through such an agency, tile applications for such allotments should also be supported by valid l . V . C. Registration/Exemption Number.

(3) The procedure for allomtent or Income-tai Verification Certificate Registration/Exemption num- bers (l.V.C. No.) is set out in Appendix 5 to this book. It is not necessary for an applicant to obtain separate l . V . C. Registration/Exemption Number from each licensing authority; and the Number allotted by any one of the licensing authorities, will be accepted by all the licensing authorities,

(4) The l . V . C. Registration/Exemption Number allotted against a compiete Income-tax Verification Certificate will be valid for the financial year in which the certificate issued and for the subsequent three suc- cessive financial years.

(5) Applicants in whose cases the production of l.V.C. Registration/Exemption Number has been dis- pensed with, are categorised in the Appendix referred to in sub-para (3) above.

(i) Metals and manufactures thereof other than those covered by Parts, I, TV, V and VI or the I . T . C. Schedule.

(ii) Machinery, spares and mill stores required ior certain industries like jute, tea, iron and steeJ, electric supply undertakings, mine? and quarries,

(iii) Engineering stores, such as ball bearings, small hand tools, precision and measuring tools, abrasives and belting.

(iv) Certain types c(£ electrical instruments appa- ratus and appliances, electric control and transmission gear, electric fans and earthen- ware/porcelain used in electrical items and installations.

(v) Transport materials.

Part III.—

(i) Certain chemicals and auxiliaries used in the textile industry other than jute and hemp.

(ii) Coal tar dyes and derivatives, (iii) Raw Cotton.

(iv) Textile machinery and parts and mills stores for the textile industries other than jute and hemp.

Part IV.—Consumer goods.

Part V.—Industrial requirements, such as certain classes of machinery, chemicals, manuraes, paints and colours and printers materials, printing and lithographic materials, agricul- tural implements and instruments and apparatus and appliances, plastic materials and manufactures.

Part VI.—Machine tools.

Co-relation between I.T.C. and I.C.T. classlficdtion

15. An attempt has been made to co-relate, as far as possible, the I . T . C. Schedule (except Part VI) with the Indian Customs Tariff. A constant review is undertaken to ensure that whenever there are changes in the I.T.C. or I.C.T. classification, such changes are co-related.

Correct classification to be ascertained before making

any application for licence

(6) Interim relief : In the absence of a validl.V.C. Registration/Exemption Number, where required, the applicant will be given a specified time to produce it, failing which the application will be liable for rejection. Applicants should, therefore, take steps to obtain their l . V . C. Registration/Exemption Numbers in good time so as to be able to quote the same in their appli- cations for licences. However, hi cases of genuine di- fficulty, the licensing authority may dispose of the ap- plication for licence from any actual user or established importer or registered exporter in anticipation of the production of valid I . V . C. Registration/Exemption Number, and issue die licence if otherwise admissible, . advising the applicants to produce the required number before the end of the relevant licensing period or within such time as may be specified. This facility will not, however, be available to an applicant in two successive licensing periods.

Classification of stores

14. The Schedule I to the Imports (Control) Order, 1955, reproduced in Appendix 2 to this book, com- monly known as the I . T . C. Schedule contains the classification of all the articles that enter into the im- port trade. The Schedule is divided into six parts and broadly covers the following classes of goods:—

16. (1) An intending importer should ascertain the correct I.T.C. classification of the goods he intends to import (with reference to serial or sub-serial num- ber and part of the I.T.C. Schedule), so that he may be able to apply to the proper licensing authority for a licence and to know exactly the licensing policy in respect of the articles for which he is applying. If an article is incorrectly classified by an importer, there is a possibility of the application for Licence being diverted to a wrong licensing authority or of its

being rejected. Hie importers should, therefore, in their own interest, make sure of the correct classifica- tion of the articles for which they are applying.

(2) An importer should also give the fullest des- cription of the articles applied for so that any mistakes in the I.T.C. classification can be corrected while issuing a licence. Moreover, if an article is correctly described in the import licence, even if the I.T.C. classification shown against that item is not correct, the importer is not likely to experience diiliculty in the clearance of goods on arrival.

(ii) "Specific licences", such as licences issued under Capital Goods and H.E.P. schemes, licences issued for import from rupee pay- ment area, etc., which are valid for import from specified country or countries.

Procedure for ascertaining correct classification

No. licence is valid for import from South Africa/ South West Africa 'General Area' includes all coun- tries except South Africa/South West Aferica. Import licences are also not valid for import from Rhodesia vide Government of India, Ministry of Commerce Order No. 9/65, dated the 17th November 1965, from Tibet region of China vide Ministry of Comr nierce Order No. S.O./3742, dated 17th December 1962.

Licensing period

19. Previously, the import policy was published, on half-yearly basis. But, with effect from the financial year April 1962—March 1963, the import Trade Control Policy Book (Red Book) contains the policy for a whole financial year.

Import policy

17. (1) An exhaustive alphabetical index of articles is attached to import Trade Control Policy Book issued from time to time; and this will enable the importer to ascertain the correct I.T.C. classification of any particular article, li; an importer is in doubt in regard to the correct classification of any article, he should make a reference to the appropriate re- gional licensing authority for clarification and advice in the first instance. To enable such authority to take a correct view in the matter, the importer should give the fullest description of the article in question, its end use and the purpose of enquiry. He should also send illustrative literature about that article and the sample thereof, wherever possible. If the tariff item under which the article is assessed to duty by the Customs is known it should also be indicated. The I.T.C. authorities will attend to such enquiries on an urgent basis.

20. (1) The hnport policy is announced on the eve of each financial year, by means of a Public Notice which is issued in the form of a book called the Import Trade Control Policy Book, commonly, known as the "Red Book", which is a priced publi- cation and is available for sale with the licensing authorities at the ports and the Manager of Publica- tions, Delhi, and other authorised dealers in Govern- ment publications. Any important changes in policy that may become necessary hi the mid-term of the financial year, are separately notified by means of Public Notices.

(2) With effect from the period April 1968— March 1969, the import policy has been published in two separate Volumes. Volumes 1 contains the import policy for established importers, actual users and others excluding registered exporters and Volume II pertains to the import policy for Registered Exporters.

Licensing authorities

(2) Where the regional licensing authority is not in a position to determine the correct I.T.C. classifi- cation of an article or where there is a difference between one regional authority and the other in regard to such classification, the matter is referred to the Chief Controller of Imports and Exports, New Delhi. Such references are resolved by a Committee in the Office of the Chief Conrtollcr of imports and Exports, New Delhi, where the Directorate General of Techni- cal Development and the Central Board of Excise and Customs are also represented. The decisions taken in the Office of the Chief Controller of Imports and Exports in regard to the I.T.C. classification are announced by means of Public Notices wherever necessary. Such decisions are also incorporated in the alphabetical index attached to the Import Trade Control Policy Book.

21. (1) Names of the licensing authorities and

their jurisdiction are given hi para 5 of this book.

Currency areas

18. (1) Previously, the countries of the world were divided into two major groups (i) the Dollar Area and (ii) the Soft currency Area, for licensing purpos- es. The distinction between Dollar and Soft Currency areas was removed from the licensing period April, 1961—September, 1961.

(2) Tmport licences of the following two types arc

now issued : —

(i) "General Area licences" which are valid for

import from all countries; and

(2) Unless otherwise provided, an application for import licence hi respect of an item should be made to the licensing authority as shown in the relevant Import Trade Control Policy. Where the licensing authority is shown as port or regional licensing autho- rity the applicant should apply to the particular licen- sing authority under whose jurisdiction his business is established. But, in the case of an actual user, the determining factor for the purpose is the location of the factory and not of the management, and the actual user should apply to the licensing authority within whose jurisdiction his factory is located. How- ever, in cast's where any specific licensing authority has been shown against any item, as for example, Bombay, Calcutta, etc., all the applications for that item should be made to that authority, irrespective

of the jurisdiction of any other licensing authority, in relation to the location of the applicants business or iactory, unless otherwise provided.

(3) The actual users should submit their applica- tions for import licences to the licensing authorities, as indicated for each category of actual users in Chapter IV of this book, through the sponsoring authority concerned, unless otherwise providea. Where an actual user has got factories and organisa- tions at different places failing under the jurisdiction of different licensing authorities or one licensing authority he should submit separate applications for each unit in respect of each end product (which in- cludes related end products) to the licensing authority concerned through the sponsoring authority.

However, in case of actual users borne on the register of DOTD and having factories or organisa- tions at diiferent places, the head oUice may submit consolidated applications covering the requirements in respect of raw materials, components and spare parti of all the factories and organizations in respect of the same end-product (which includes related end- products) to the CCI&E through the DGTD. The requirements of each factory or unit may be separate- ly enumerated in a list to be appended to such appli- cation. On such consolidated application, the licens- ing authority will issue separate licences is respect of each factory/unit, in terms of the policy in force, if admissible.

(4) Where an established importer has more than one office in India, the location of the branch or office in whose name the quota certificate stands, will determine the licensing authority to whom the applica- tion for licence should be made. Thus in the case of an established importer having olfiees in Delhi and Calcutta if the quota certificate is in the name o£ Delhi office, the application should be addressed to the Joint Chief Controller of Imports, and Exports, Central Licensing Area, New Delhi. The same prin- ciple will apply where different branches of an estab- lished importer have been functioning as separate entitlies and having their own quota certificates. A branch situated in the jurisdiction of Joint Chief Controller of Imports and Exports, Bombay, will apply to him for licences against all its imports through different ports; while the branch situated in the jurisdiction of, say, Joint Chief Controller of Imports and Exports, Calcutta, will, similarly, apply to him on the basis of its total imports. In this connection attention is also invited to the provisions of para, 46 of Chapter III regarding the selection of a common basic year by the head office and all its branches.

Steel), Faridabad are the licensing authorities for Controlled items of Iron and Steel (including ferroy- alloys) tailing in Fart 1 of the I.T.C. Schedule.

(2) From 1st April 1972, the Deputy Chief Con- troner of Imports & Exports, Kanpur, and the Con- troller of Imports k Exports Srrnagar/Jainniu have been the licensing authorities in respect of Iron and i>teei items in the case of actual users situated in their jurisdiction who wwe Hitherto under the juris- diction of the Assistant iron & Steel Controller, Faridabad.

(3) From 1st April \9~iS the Deputy Chief Con- troller of Imports & Exports, Ernakulam (Cochin) and Controller of Imports & Exports, bfufloag, will be the licensing authorities in respect of iron and steel items for actual users situated in their jurisdic- tion, who were hitherto under the jurisdiction of Joint Chief Controller of Imports & Exports (Iron & Steel Division), Madras and Joint Chief Controller of Imports & Exports (Iron & Steel Division), Calcutta respectively.

(4) From 1st April 1975, the Deputy Chief Controllers of Imports & Exports, Hyderabad, Bangalore, Ahmedabad and Panjim and Controllers of Imorts & Exports, Pondicherry and Visakhapatnam will be licensing authorities in respect of iron and steel items for actual users situated in their jurisdiction.

(5) I.D.A. Industries.—Actual users engaged in the f.D.A. priority industries (listed in Appendix 6) should, in respect of their requirements for iron and steel items tor these industries, apply for import licences to the respective I.T.C. authorities, and not to the licensing authorities, referred to in sub-para (1) above. In this connection attention is invited to the procedure for submission of such applications laid down in Chapter IV of this book.

(6) Kandla Free Trade Zone.—The licensing authority in respect of iron and steel items in the case of units situated in Kandla Free Trade Zone, is the Controller of Imports and Exports, Kandla.

(7) Electronics Export Processing Zone,—The licensing authority in respect ol iron and steel items in the case of units situated in the Electronics Export Processing Zone, Santa Cruz, iimubuy is the Deputy Development commissioner, (Imports & Exports) Electronics Export Processing Zone, Santa Cruz, Bombay.

(8) Registered Exporters policy.-—Applications for

Licensing authority in respect of iron and steel items

licences in respect of iron and steel items under the import policy for Registered Exporters should be made to the licensing authorities concerned and not to the licensing authorities, referred to in sub-para (1) above. In this connection attention is invited to the procedure for submission of such applications laid down hi Chapter V of this book.

One application for each commodity in one licensing

period

,22. (1) The Joint Chief Controller of Imports & Exports, Bombay (Iron & Steel Division), the Joint Chief Controller of Imports & Exports, Madras (Iron & Steel Division), the Joint Chief Controller of Imports & Exports, Madras (Iron & Steel Division), the Joint Chief Controller of Imports, Cal- cutta (Iron & Steel Division) and the Deputy Chief Controller of Imports & Exports (Iron and 23. (1) An applicant should make only one appli- cation in a licesmng period, in respect of goods failling

under the same serial or sub-serial number of the I.T.C. Schedule, except in the following cases or where otherwise provided :—

(a) Machinery items, required by actual users. (b) Raw . materiaJs/components/spares required

by actual users; and

(6) The provision of this paragraph will apply to import licences issued on or after 1st April, 1970. For earlier licences, the provisions of the relevant Import Trade Control Hand Book of Rules and Pro- cedure will apply.

Last date for submission of applications

(c) Applications for licences made under the import policy for Registered Exporters.

(2) In cases where more than one application is submitted for items falling under the same serial or sub-serial number of the I.T.C. Schedule, applicants should furnish detailed reasons for doing so. Cross reference of the previous application should distinctly and invariably be made in the relevant columns of the application. Any omission or breach of this rule will render the applicant liable to be debarred from receiving licences, with out prejudice to any other action that may be taken against him under the Imports and Exports (Control) Act, 1947 or the Order issued thereunder.

25. (1) The last dates for submission of applica- tions for licences arc indicated in the relevant Import Trade Control Policy Book. Applicants are advised in their own interest to submit applications well in advance of the last date so as to reach the licensing authority or the sponsoring authority concerned, as the case may be, before the last date. An application received after the prescribed last date is liable to be summarily rejected.

(2) However, in case, the prescribed last date falls on a public holiday or a bank holiday, applica- tions, complete in all respects received on the follow- ing working day will be deemed to have been received by the last date.

i Registration of Licences at Parts

(3) In deserving cases, the licensing authorities may condone postal delays caused in cases where the applicants despatch their applications well in time.

(4) Where an import application is required to be made through the sponsoring authority, such authority will indicate in its recommendation the date on which the application was received by it.

Important hints to importers

24. (1) A licensee is required to get his licence registered with the Customs authorities at a specified port. The licence will be valid for import only at the port of registration specified on the licence, except where the Customs authorities at the port of registra- tion, on a sufficient cause being shown to their satis- faction that goods had to be imported at a different port, permit the issue of a release advice for import at a port other than the specified port.

(2) The applicants should invariably indicate in

1 their applications for import licences the particular port where they intend to register the licence, if lissued, with the Customs authorities. The licensing ;authority concerned will indicate in the licence the port of registration by an endorsement made thereon.

(3) The licensing authority may entertain requests for amendment in regard to port of registration in cases where the licence has not been registered, or where the licence has been registered but the goods have not arrived. In latter type of cases; i.e. where the licence has been registered but the goods have not arrived, the amendment regarding change in the port of registration will be duly intimated to the Customs authorities at the port of registration originally indicated on the licence.

(4) Requests for amendment hi regard to the port of registration in respect of licences issued by any licensing authority will be entertained by all the regional licensing authorities.

(5) Where the Customs authorities at the port of registration issue a "release advice", the Customs authorities at the port of clearance will allow clearance on the basis of such "release advice" if the import is otherwise in order. In such cases, the import licence will be debited by the Customs authorities at the port of registration at the time of issuing the "release advice" and the Customs authorities at the port of clearance will debit the "release advice".

26. (i) The application for licence should be made

in the prescribed form.

(ii) The application form should be filled neatly and accurately. No column should be left blank. The words "yes" or "no" or "not applicable" can be used against the columns in the application form wherever necessary. If the applicant is not able to give answer to any particular column, he should give a positive reason for the same.

(iii) The information in the prescribed form should

be given faithfully and correctly.

(iv) The description and I.T.C classification of the goods should be given fully and correctly in the applicantion form.

(v) The original treasury/bank receipt showing payment of application fee on the value applied for, should be attached to the application.

(vi) The I.V.C. No. should be quoted in the

application where necessary.

(vii) All the required documents should be attach- ed to the application and all the enclosures to the application should be detailed in the covering letter of the application, giving particulars of each docu- ment.

(viii) The application should be signed by an authorised person who should give his address and the position held by him.

(ix) Separate application should be submitted for articles falling under a serial or a sub-serial number of the l.T.C. Schedule, except where otherwise pro- vided.

(x) The postal address of the applicant should be

given completely and neatly.

(xi) The correct and complete reference number, if any, of the licensing authority should be quoted

(xii) The application should be sent by post to the appropriate licensing authority or sponsoring authority concerned as provided in the procedure, or delivered at the counter in the office of the licensing authority or the sponsoring authority, as the case may be, before the last prescribed date.

(xiii) The actual users borne on the registers of Director General of Technical Development should also quote in their applications the code number allotted to them by the DGTD. If no code number has been allotted, the words "not allotted", should be written against the appropriate column at the top of the prescribed application form.

(xiv) The actual user should submit a consolidated application covering the requirements of unit in res- pect of raw materials and components for each end- product (including related end-products), as provided in Chapter IV of this book.

(xv) All actual users should submit their applica- tions through the sponsoring authority concerned, wherever necessary.

(xvi) While furnishing the lists of goods sought to be imported, the applicants should ensure that the lists are prepared on a good and durable paper in order to avoid probable inconvenience at the time of clearance of goods at the Customs. In the case of units borne on the books of the DGTD, the applicants should ensure that the extra copies of the list of goods prepared by them for submission to the licens- ing authority are strictly in accordance with the list cleared by the DGTD.

(xvii) Enquiries regarding interpretation of policy or procedure may be addressed to the Chief Con- troller, Imports and Exports, New Delhi,

(xviii) On receiving an import licence, the licensee should carefully check whether the licence received by him is complete hi all respects. In particular, the licensee should check whether :—

(a) The licence is accompanied by the list of items permitted for import, if such list has been referred to in the body of the licence,

(b) Each page of the list has been duly signed

by the licensing authority.

(c) Each page of the list bears the security seal

affixed by the licensing authority.

(d) The changes, if any, made in the list have been duly attested by the licensing authority.

(e) Both the copies of the licence bear the security seal affixed by the licensing autho- rity.

(f) The conditions imposed on the licence have been duly signed by the licensing authority.

(g) The condition, if any, deleted from the licence has been attested by the licensing authority.

(h) In the case of licences issued against foreign credits, the conditions applicable to the credit have been attached to the licence, if there is a reference to such attachment in the body of the licence; and such conditions have been duly signed by the licensing authority.

(i) Every signature of the licensing authority appearing on the licence, or on the list attached to the licence; or on the condi- tions attached to the licence, has been duly authenticated by a security seal affixed above the signature.

If the licensee finds that the licence is deficient in any respect he should immediately bring the matter to the notice of the licensing authority concerned and return the licence to the licensing authortiy for doine the needful.

(xix) The check sheet as provided in Appendix 38 to the book should be furnished with the appli- cation, duly filled in and signed by the applicant.

CHAPTER ID

ESTABLISHED IMPORTERS

Definition

27. (1) Established importers arc those who have been actually engaged in the import trade of the arti- cles comprised in any serial or sub-serial number of the I.T.C. Schedule during at least one financial year (1st April to 31st March) falling within the basic pe- riod specified for the said serial or sub-serial number. The importers may choose the most favourable year from the basic period for the purpose of obtaining quota certificates.

(2) An established importer may be (i) an indivi- dual, (iij a partnership farm, (iii) a karta of a Hindu undivided family respect of the family business, (iv) a limited company or (v) any association or body of individuals.

issued to an established importer in respect of the same quota certificate for different li- censing periods. (This restriction will not apply to cases in which past imports are against quota licences for two successive half yearly licensing periods forming part of the same financial year.)

Basic Period

28. (1) With effect from April 1975—March 1976, the basic period will be from 1-4-1951 to 31st March 1973, for all items, unless otherwise provided.

(4) Except in cases covered by sub-para (3) of this paragraph the importers can apply for re-fixation or re-estabhshment of their existing quota certificates on the basis of past imports during any of the years from 1961-62 to 1972-73, or during any other year, within the prescribed basic period, provided such other year has been included in the basic period for the first tune during the licensing period 1968—March 1969, or the importer was unable to apply for re-fixation of quota earlier on account of a change in thie ownership or constitution of business for which the application for TOR was pending, or he could not apply earlier for other valid reasons beyond his control to the satis- faction of the licensing authority.

Quota Certificates on Security Forms

(2) No application for fixation/re-establishment of quotas will be accepted in respect of past imports in any financial year prior to 1st April, 1951. How- ever, quotas already fixed in respect of past imports during the period from 1937-38 to 1944-45 and from 1945-46 to 1950-51. will continue to be accepted for the grant of quota licences until further notice.

(3) No applications for refutation or re-establish- ment of quotas will be entertained in the following cases :—

(i) For items licensable to established importers at a quota of more than 100 per cent.

(ii) For items falling under a particular serial number or sub-serial number of the I.T.C. Schedule, but imported against a licence for a different serial number or sub-serial num- ber, under the concession of interchangeabi- lity or under other provisions applicable to established importers, or others. In such cases, applications for fixation or establish- ment of quotas will also not be entertained.

(iii) In respect of imports made during a financial year within the prescribed basic period by head office or a branch of an established im- porter against a consolidated import licence obtained by the head office or a branch on the basis of past imports standing in the name of the head office and the branches.

(iv) In respect of imports made during a finan- cial year within the prescribed basic period on the basis of more than one quota licence 29. (1) A quota certificate as referred to in para. 27 above, may be issued by a licensing authority to an established importer in token of acceptance of his past imports of a particular commodity falling under a serial or a sub-serial number of the I.T.C. Schedule, in a financial year selected by him within the specified basic period. All quota certificates are issued on secu- rity form, a specimen of which is given in Appendix 7. Import licences are granted to established importers on the basis of valid quota certificates.

(2) The application for establishment/refixation of quota should be made to the regional licensing autho- rity concerned. Even in respect of items licensable to established importers by the Headquarters Office of the Chief Controller of Imports and Exports, the ap- plications for establishmcnt/refixation of quota certi- ficates have to be made to the regional licensing autho- rity in whose jurisdiction the business of the applicant is established.

(3) Even after the grant of a quota certificate, the licensing authority, if it has any doubt may call for the original documents to recheck the applicant's past im- ports and, on verification, the quota certificate may be amended, reduced in value or cancelled. A quota certificate will also be liable to cancellation or amend- ment or reduction in value if it has been granted by inadvertance or by mistake or contrary to rules or has been obtained by fraud or misrepresentation.

Documents to be furnished for fixation or re-fixation

of quotas

30. (1) A quota certificate is issued on the basis

of the following documents :

(i) (a) Tile triplicate copy of the Customs Bill of Entry for home consumption; (b) in the case of goods bonded on arrival, a copy ot: original 'into bond' Bill of Entry and 'Ex- bond' Bill of Entry certified by the Customs authorities; (c) in the case of duty-free goods, the Exchange Control copy of the bill of Entry.

(ii) Invoice pertaining to the goods imported;

(iii) Bank memo, bank draft or other evidence of payment, such as a certificate from the con- cerned bank or the original Exchange Con- trol copy of the licence showing endorsement of the amount remitted duly authenticated by the Bank, nd particulars of licences, etc., along with a copy thereof against which 4he imports were made.

N,B.—(a) In the case of duty-free goods, if the im- porter is unable to produce the Exchange Control copy of the Bill of Entry on the ground that it had been retained by the Re- serve Bank of India, the triplicate copy of the Bill of Entry, or a certified true copy of the Bill of Enetry will be accep- ted.

(b) In the case of goods bonded on arrival, if the importer is unable to produce 'into bond' Bill of Entry for valid reasons to the satisfaction of the licensing authority and where the importer is able to produce evidence that no transfer of ownership of goods took place while the goods were in bond the licensing authrity may accept the 'Ex-bond' Bill of Entry in lieu of 'into bond' Bill of Entry, provided the importer files an affidavit :—

(1) thaj for reasons stated in the affida- vit, he is not able to furnish the 'into bond' Bill of Entry;

(2) that no transfer of ownership of the goods took place when the goods were in bond;

(3) that no quota has been or will be claimed against the 'into bond' Bill of Entry for the same goods for licensing authority.

In such cases, the date of original bond when the goods were first entered into bond will be reckoned as the date of importation for the purpose of calculation of quota and not the date given in the 'Ex-bond' Bill of Entry.

(c) If, for valid reasons, an importer is unnblo to produce the Customs copy of the Bill of Entry where such copy is required to be produced, but produces the Exchange Control Copy thereof or a true copy of the Bill of Entry certified by the Customs authorities, the case may be considered OH merits by the licensing authority after the importer concerned files an affidavit in the form given in Appendix 8 to this book.

(iv) In the case of imports made by post, the Postal Declaration Form or Customs Duty Receipt with relevant voice, Bank draft and the particulars of licence, etc., against which the import was made, should be produced.

N.B.—(a) If an importer is unable to produce Pos- tal Declaration, Form or Customs Duty Receipt, then the documents namely, Bill of Exchange, Banker's Memorandum of payment and the relevant invoice duly at- tested by a Custom Appraiser, will be ac- cepted in lieu.

(b) Tn cases where the importers are unable to produce the required evidence for proving past imports made by post, certificates of postal imports giving the description of goods contained in the parcel and the duty paid by the importer, issued by the Assis- tant Collector of Customs, Postal Ap- praisement, will also be accepted in lieu of the prescribed evidence; provided the importer files an affidavit to the effect that he has not claimed a quota previously on the basis of the postal way bills, memo- randa of payment and relative invoices etc. in respect of the same goods nor will he do so in future. The licensing authority will consider the application if it is satis- fied on the basis of the evidence produced that the imports were actually made with- in the basic period and that payment was actually made for the goods.

fv) In the case of imports from Pakistan, Land Customs Appendices supported by corres- ponding invoices, and Solas (Bank me- mos) and any other satisfactory evidence of payment for the imported goods, will be accepted.

(2) Apart from the original documents of past im- ports as prescribed, the application for establishment/ re-fixation of quota should also be accompanied by certified or photostal copies of the documents of past imports. Where an applicant is not readily in a poii- tion to furnish the certified copies or photostat copies of all the documents with his application for quota certificate, the licensing authority may issue the quota certificate provisionally valid for one period only sub- ject to the production of certified or photostat copies of the original documents of past imports to the licens- ing authority concerned. Such provisional quota certi- ficate will bear the following endorsement—

"Provisional for one period only and subject to resularisation on furnishing the certified co- pies or photostat copies of all the documents

of past imports to the licensing authortiy". On production of the copies of documents of past im- ports, the above endorsement will be deleted.

(c) Imports made in excess of the value of the licence and allowed to be cleared by the Customs authorities whether on payment of fine/penalty or otherwise. Only such excess will not qualify for quota fixation.

Basic Imports

31. (1) Subject to the provisions of sub-para (2)

below, the licensing authority will, on the basis of the above documents, determine the 'basic Imports' of the applicant, i.e., the c.i.f. value of his imports of goods falling under the same serial number or sub-serial num- ber from the General Area/Pakistan in a common com- pleted financial year selected by the importer within the prescribed basic period. The licensing authority will then issue a quota certificate on security form for the value as determined.

Provided that in the case of a serial No. or Sub-Serial No. for which two separate quota licences could be issued during October 1960—March 1961 licensing period on former General Area and former Soft Cur- rency Area in respect of past imports falling in dif- ferent basic years from the former Dollar and Soft Currency Areas respectively, the parties holding such two quota certificates will be allowed to retain such quota certificates until further notice.

(2) Quota Certificates are issued on the basis of past imports from all countries included in the General Areas other than Pakistan, Bangla Desh, Afghanistan, Nepal, Tibet, Bhutan, Sikkim and former Portuguese, or French Possessions in India. But the importer will be entitled to an additional quota certificate on Pakis- tan and Banpla Desh on the basis of his imports from Pakistan and Bangla Desh only; provided the basic year for these imports is the same as the one on the basis of which the importer has obtained this quota certificate on General Area.

(d) Imports made by the applicant u nder a let- ter of authority authorising him to import goods against a licence granted to another party.

(e) Imports made under licences granted against the orders of the late D.G. (I. & S.) (now D.G.S. & D.) or of the State Railway or of the Defence Ministry.

(f) Imports made under licences granted to ac- tual users in respect of raw materials or ac- cessories or other articles.

(g) Imports made under ad hoc licences (other than those ad hoc licences which were issued for imports of goods for stock and sale pur- poses only) or licences granted subject to express condition that imports, thereunder will not be taken into account in calculating quotas whether the licences are marked N.Q.O. or not.

(h) Imports made against C.G. & H.E.P. licen- ces by actual users or other importers against order from actual users. However, imports made against C.G. & H.E.P. licences for stock and sale purpose will be taken into account for purposes of calculation of quota only in respect of S. No. 36/11, S. No. 4/HI and S. No. 65/V of the I.T.C. Schedule.

(i) Imports of goods of no commercial value

made under O.G.L. IV.

Issue of separate quota certificate in respect of past

Imports from Pakistan and Bangla Desh

32. The quota certificate in respect of past imports from Pakistan and Bangla Desh as stated in para, 31 above, will be issued to an Importer on the basis of original documents, indicated in para, 30 above. It is essential that the importers should obtain their quota certificates on the basis of their imports from Pakistan and Bangla Desh simultaneously with their quota certi- ficates on General Area. Similarly they should, while applyine for refbeation of quotas on the General Area, invariably submit their quota certificates on Pakistan and Bancla Desh alone with their old quota certificates on soft Currency Area/Dollar Area.

(j) Imports made against licences granted under the export promotion schemes, avocation schemes or under the import policy for Re- gistered Exporters.

(k) Imports made against "replacement licen-

ces".

(1) Imports of casual nature e.g., imports for

personal use or imports as samples,

(m) Imports of equipments against licences issued under the Irrigation Projects Licensing Scheme.

Imports which will not be'counted as basic imports

33. The following categories of imports will not be taken into account in calculating the importers' quota :•—

fa) Imports made in contravention of the Im-

port Trade Control rules and regulations.

(b) Imports made by the applicant under a let-

Cleared under a warning.

(n) Imports made under licences issued through inadvertence or mistake or contrary to rules or provisions of Imports (Control) Order, 1955, as amended or obtained by fraud or misrepresentation, subsequently detected.

(o) Imoorts made by an actual user under O.G.L. or otherwise of goods which were used bv the actual user in his own factory/ establishment.

(p) Licences issued against specific orders from

actual users,

(q) Goods which are not cleared for home con-

sumption.

clearance of the goods for homo consump- tion.

Procedure for quota fixation in case of change in the

classification of items

(r) Imports made against licences issued under the National Defence Remittance Scheme (N.D.R.S.).

(s) Imports of an item falling under a particular serial number or sub-serial number of the I.T.C. Schedule, made against a licence per- taining to a different S. No. or Sub Serial number, under the concession of interchange- ability or under other provisions applicable to established importers or others in the utilisation of their licences. (Quotas already fixed will not, however, be disturbed).

(t) Any other imports which do not qualify for quota under the import policy in force.

36. In cases where classification of an item or arti- cle changes from one serial number of the I.T.C. Sche- dule to another, the licensing authority will take into account the past imports of such item or article for establishment/re-fixation or recalculation of quota under the new serial number, if otherwise admissible. In doing so, it will be ensured that :—

(i) The importer's quota under the old serial number is correspondingly reduced and his quota certificate duly amended; and

Imports allowed under warning by Customs—Accept-

ance for fixation of quota

(ii) Only such past imports are taken into account for the purpose of re-fixation re-calculation of quota as are in respect of the same basic- year as the importers original quota certifi- cate for the new serial number in question..

Procedure for submission of applications for establish-

ment of quotas

34. In some cases, where goods are imported un- der a licence, the Gistoms authorities may find some discrepancy in the goods and the imports may not be exactly covered by the licence against which the goods are sought to be cleared. Again, there may be cases where the goods are allowed to be cleared on the basis of wrong advice regarding classification given by the I.T.C. authorities or the Custom Houses. In cases of this nature, the Customs authorities may warn the importer and may permit the clearance of goods. Such imports, though allowed to be cleared after issue of a warning by the Customs, will qualify for quota fixation. However, the quota will be fixed only under the correct I.T.C. classification of the goods, if otner- wise admissible.

37. (1) Applications for establishment or reflxation of quotas should be made in the prescribed form (Form 'F'), and should be accompanied by:—

(i) the previous quota certificate, whenever it is

sought to be revised;

(ii) A certified copy of the import licence, if any,

received for the previous licensing period;

(iii) a statement of basic year's imports in the prescribed form, supported by relevant do- cuments mentioned in paragraph 30 above, together with certified or photostat copy of each of the documents duly signed by the applicant; and

Determination of the date of import in connection with

past imports

35. In determining whether a particular import falls in any particular financial year for the purpose of fbra- tion/reflxation of quota the following dates will be reckoned to be the dates of importation :—

(a) In the case of goods cleared for home con- sumption, the date given in the oval stamp affixed on the relevant Bill of Entry;

(b) In the case of July free goods cleared for home consumption the date of the Import Duty Free Number (ID.F. number).

(c) In the case of goods bonded on arrival and subsequent cleared from bond for home con- sumption, the date on which the goods were bonded by Customs authorities,

(d) In the case of post parcels, the date assign-

ed to the way bill by the Post Office,

(e) In the case of imports by land route, iho date on which Customs duty is recovered by the Customs authorities; in- the case of duty-free goods imported by land route, the date on which the Land Customs appendices are passed by the Customs authority for (iv) a statement giving reason to prove the ne- cessity for the establishment or refixstion of the quota.

(2) Applications for establishment/refutation of quotas will be entertained, if otherwise admissible, in respect of items for which the basic period has been extended or in cases in which the licensing authority is satisfied that the applicant has been unable for some good reason e.g., litigation or financial difficulties etc, to prove his basic imports and to establish his quota to participate in the import trade in the previous licenslna: period. The need for establishing fresh quotas will also arise in cases in which the item or article in ques- tion has been allotted a separate serial number, or the system of quota licensing in respect of the item or the article has been introduced for the first time.

(3) Notwithstanding anything contained in para (2) above, no belated application for establishment/ refixation of quota will be entertained in respect of any serial numbers or sub-serial number where the delay in making the application exceeds five years. However, the delay may be condoned in cases where the licensing authority is satisfied that it was due to circumstances beyond the control of the applicant,

(4) Separate applications for establishment or re- fixation of quotas should be made in respect of items falling in different serial numbers or sub-serial num- bers of the I.T.C. schedule.

(5) The application for establishment/re-fixation of quotas should be made, complete in all respects, within the date prescribed hi the relevant Import Trade Control Policy Book. However, in cases where there is a change in the name, constitution or ownership of a business requiring recognition by the I.T.C. authority, it is not necessary for the new or the reconstituted concern to submit their applications for the establishment/re-fixation of quotas within the prescribed date in respect of past imports standing in the name of the original con- cern. In such cases, the application for establish- ment/re-fixation of quotas should be made within a period of 30 days from the date of the applicant's recognition as new established importer.

relax the rule in the following types of cases :—

(i) Where an application for fixation of quota for a particular item remains pending for one period or more and, at the time of finalisation of the case, it so happens that the import of the item is banned, the quota certificate may not be refused merely on the ground that the item had been subse- quently banned.

(ii) Where an importer holds a quota certificate for a serial number which is subsequently split into various sub-serial numbers; some of which are banned, the original quota certificate may be split up by issuing fresh quota certificates in respect of past imports of each of the sub-serials including the ban- ned ones;

(iii) Where the import of certain machinery etc., is banned but there is a provision in the relevant policy for the grant of licences for spare parts against the past imports of such banned machinery the quota certificate may be issued for such machinery in spite of the ban to enable the applicant to obtain licence for spare parts in terms of the policy.

(iv) Where an item is on O.G.L. or S,O.L. (Special General Licence) for import from specified country or countries only, the quota certificate may be issued in respect of such item, in spite of the item being on the O.G.L. or S.G.L.

Cases in which quota certificates/licences will

not be issued

(6) Late application for quota : Applications for establishment/rcfixation of quotas received incom- plete, or after the prescribed last date, will be liable to be summarily rejected. The licensing authority may, however, entertain an application which, is re- ceived, complete in all respects, within 30 days from the prescribed last date or where the deficiencies in an incomplete application are made good either within 30 days from the prescribed last date or within 30 days from the date on which the applicant is informed of the deficiencies by the licensing authority. But, in such cases, although the quota certificate will be grant- ed, if otherwise admissible, the value of the licence issued on the basis of such quota certificate for the licensing period during which late or incomplete ap- plication for quota certificate is made, will be reduced by 25 per cent. This cut will also be applicable to minimum value licences.

Note,—The absence of documents of past Imports will be considered as a deficiency for the purpose of the provisions of this sub- paragraph.

(7) The licensing authority may also entertain a late or deficient application for establishment/reflxation of quota, which is not otherwise acceptable in terms of the provisions made in sub-paragraph (6) above. But this will be subject to the condition that a quota certificate, if otherwise admissible, and issued on the basis of such application; will not be valid for the grant of a licence for the licensing period during which such late or deficient application has been •; r—w| made.

39. (1) No quota certificate will be issued to an established importer if the value of the past imports on which quota is claimed is up to the minimum value indicated below :

Quota peroemapeon nrficls as given in tho relevant Imp- ort Trade Control policy.

The value flf past imparts on which no quota certificate will be granted.

(0 25% or less (ii) Ovcr25%

Rs 100/- Rs. 200/-

(2) An established importer will not be eligible to a licence where his entitlement under the relevant import policy works out to Rs. 100 or below, or the value of his quota certificate or past imports on which licence is claimed is up to Rs. 200.

Fixation of quota for items under O.O.L. or S.G.L.

or which are banned for import or whose

Imports are canalised

38. No application for fixation or reflxation of quota for items which are under O.G.L. or S.G.L. or which are banned or whose imports are canalised throueh some particular agency and are not open to established importers, will be entertained. However, to avoid hardshiD that may be caused by the strict application of th}s rule, the licensing authority may 40. (1) If the application for a quota certificate is made within the date prescribed for submission of such applications, in terms of the policy in force and the application is complete in all respects and is accompanied by all the required documents efforts will be made by the licensing authority to grant the quota certificate as early as possible before the expiry of the licensing period in which the application fa made. However, there may be cases where the grant of the quota certificate \s dejayed for one reaspti or

the other. The grant of licences for back periods against such quota certificate will be considered in terms of the provisions contained in para. 47 of this book.

(2) If an application for a quota certificate is not disposed of within a period of 21 days from the date of its receipt in the Quota Fixation Section, the licensing authority will issue an interim reply to the applicant. If an applicant does not receive interim reply even after this time limit, he can bring the matter to the nolice of the Public Relation Officer in the Im- port Trade Control Office concerned or book an inter- view with the officer concerned through the Enquiry Office in order to know the reasons for the delay in the disposal of his application.

41. In para 20 of Section I of the Import Trade Control Policy Book for January-June, 1955 period it wns notified that with effect from July-December, 1955 licensing period, the old quota certificates on non-securitv form, will not be accepted for the grant of import licences. However, such of the importers who had not received quota certificates on security form, were advised to do so immediately; and this concession had been extended upto July-December, 1956 period. With effect from January-June 1957 period, the quota certificates, if any, on non-security paper are not accepted for calculation of quotas. It may be noted that, in no case will an import licence be granted on the basis of the old quota certificate (i.e., quota certificate not issued on security form).

authority concerned within the date prescribed for this purpose in the relevant Import Trade Control Policy, and duly accompanied by :—

(a) A valid, quota certificate issued on security

form;

(b) Treasury/bank receipt showing payment of the application fee on the value applied for;

(c) Any other document considered necessary or prescribed in terms of the provisions of this book or the relevant Import Trade Control Policy Book or Public Notices/ Trade Notices issued in this regard.

(3) The documents of past imports on the basis of which the quota certificate has been issued, need not be produced by the applicant a)ong with his application for quota/additional/supplementary licence, But it will be open to the licensing authority to ask for the original documents of imports such as Bill of Entry etc., to verify the applicant's past imports fore issuing the licence.

Issue of duplicate quota certificates

42. 0") Where a quota certificate is lost or mis- placed, the established importer can file an affidavit on stamped paper in the form prescribed in Appendix 8 to this book and apply for the issue of a duplicate quota certificate. The affidavit should be sworn bc- for o 1st Class Magistrate or a Notary Public.

(T) Where a quota certificate on security form frets torn or worn out by frequent handling the estab- lished importer can apply for the issue of a duplicate quota certificate in lieu of such quota certificate.

(3) The applications for issue of duplicate quota certificates in such cases should be made to the licen- sing authority who had issued the original quota cer- tificate in question.

(A') Tt will be open to the licensing authority to ask for the original documents such as Bill of Entrv, etc. to vcrifv the applicant's past imports before issuin? duplicate quota certificate.

(4) Where there is a change in the name, owner ship or constitution of an established importer's busi- ness requiring recognition by the I.T.C. authority; it is not necessary for the new or the reconstituted concern to submit their applications for the grant of quota licences within the prescribed date in respect of quota standing in the name of the original concern. Tn such cases, the established importer should make applications for quota licences within a period of 30 days from the date of endorsement of quota certificate Or issue of fresh quota certificate, based on the applicants recognition as established importer. However, where such applications for quota licences happen to be made after the expiry of the licensing period to which the applications relate, the provisions of paragraph 47 of this book will be applicable in the disposal of such applications also.

(5) If instead of obt/iinine the imnort licence on the basis of the quota certificate held by the appli- cant, he desires, for some good reason, to have his quota established afresh or revised, he should submit his application for cstablishment/re-fixation of quota to the licensing authority concerned as provided in paragraph 37 above. Previously, the application for the establishment of quota used to form part of the application for grant of licence but in the interest of simplicity and despatch, the application for establish- ed or revision of quota is now required to be made separately.

Basis of Quota licences

43. C\) Established importers can get quota/ additioHnVsunpTementnrv licences on the basis of a valid rmotn certificate issued on security form, interms of the import policy in force.

(21 TV nnpiication for licence should be submitted hv nn nnnltcnnt in the prescribed form, complete in nil respects, so as to be received by the licensing

2—1CC of T&E/7 5

(6) Where an applicant has submitted an applica- tion for establishment/re-fixation of quota complete in all respects within the last date prescribed for the submission of such application he should submit his anplication for licence within 30 days from the date of issue of the quota certificate or within the last dnfr prescribed for submission of applications for licences in terms of the relevant imnort trnde control policy, whichever date i'< later where an applicant has submitted an application for reflxation of quota but such application is rejected, nnd the applicant wants to apply for import licence on the basis of the

quota certificate already held by him, he should submit his application for the licence within 30 days from the date of such rejection oi' the application for refixation of quota, even if the applicant intends to make an appeal against the rejection.

(7) Applications received after the prescribed date are liable to be summarily rejected. Applicants arc therefore advised in their own interest to submit appli- cations complete in all respects much in advance of the prescribed last date. The licensing authority may, however, entertain an application from an established importer for quota/additional/supplementary licence which is received complete in all respects or is com- pleted by supplying the deficiencies within 30 days from the prescribed last date for receipt of such application or where the deficiencies are completed within a period of 30 days from the date on which the applicant is informed of the deficiencies by the licensing authority. But in such case, the value of the quota/additional/supplementary licence, if other- wise due, will be reduced by 25 per cent. If, in such cases the application is received complete in all respects or is completed after a period of 30 days but within 60 days, the value of the licence, otherwise admissible, will be reduced by 50 per cent. This cut will also be applicable to minimum value quota/additional/supplementary licences.

Note. —The absence of a treasury chalian for the requisite amount or a quota certificate or any other important document required to be furnished by the applicant along with his application for licence will be considered as a deficiency for the purpose of the provisions of this paragraph.

(8) It may be clarified that where an import licence is subject to cut in value in terms of the provisions of sub-para (7) of this paragraph as well as sub- para 37(6) above, the total cut to be imposed on the applicant's entitlement in such a case will be 50 per cent or 75 per cent, as the case may be.

Area and the former Soft Currency Areas respectively, the parties holding two quota certificates in respect of past imports from Dollar and Soft Currency Area falling in different basic years, will be eligible to re- ceive quota licences on the combined value of two quota certificates.

(4) Established importers having two quota cer- tificates in respect of an item, issued from the former Dollar Area and former Soft Currency Area respec- tively, prior to April 1961—September 1961, should make only one application for a licence in respect of such item from General Area, in the manner indicated below :—

(i) In the case of items which were licensable from Soft Currency Area only during October 1960/March 1961 licensing period, the established importer holding two quota certificates on former dollar area and former soft currency area will be entitled to receive quota licence on the combined value of both the quota certificates provided the past im- ports shown in the quota certificates fall in the same financial year within che basic period. But if the imports fall in different basic years, the established imporer will be free to claim a quota licence only on one quota certificate which may be advantageous to him for the purpose of obtaining a quota licence.

Procedure for calculating (he value of quota

licences

44. (1) A quota licence is given to an established importer as a percentage of the value of his past im- ports as appearing in the quota certificate in accord- ance with the import policy in force.

(2) The distinction between Dollar and Soft Cur- rency Areas was removed for the purpose of issuing import licences with effect from the period Anril 1961—Sptember 1961. Consequently, established importers are required to make only one application for a quota licence on 'General Area', on the basis of the past imports in any financial year within the prescribed basic period, in respect of articles falling under the same serial number or sub-serial number of the T.T.C. Schedule.

(3) Tn the case of serial number or sub-serial number for which separate quota licences could be issued immediately before the removal of distinction between the two currency areas, i.e., during October 196^-March 1961 period, on the former General' (ii) In the case of a serial number or sub-serial number for which separate quota licences could be issued on General Area and Soft Currency Area during October 1960/March 1961 licensing period, the established importer holding two quota certificates in respect of past imports from former Dollar and formers soft Currency Areas in the same or different financial years, within the basic period, will be eligible to receive quota licence on the combined value of the two quota certificates. In such cases also the established importer should submit only one application for a quota licence.

Note,—It may be clarified that the concession of granting quota licences on the combined value of two certificates issued prior to April—September 1961 period will not be available when the quota has to be refixed consequent upon change In the classification of goods, introduction of a new serial no., sub-serial no., or split up of the existing serial no./sub-serial no., into two or more serial nos./sub-serial nos. The fresh quota certificate issued will be in res- pect of past imports of the goods admissible for quota fixation under the particular serial no. or sub-serial no. in a common financial prescribed basic period.

Oii) The established importers should give de- claration in the following form along with their applications : —

"We possess/do not possess two quota certifica- tes for serial nurnber/sub-serial number (to be specified) and declare that we have sub- milted no other application for obtaining quota licence."

Note.This declaration has been incorporated in the application form 'A' meant for established importers and need not, therefore, be fur- nished separately. This declaration is also not necessary in the case of applications for licences based on quota certificates issued after 31st March, 1961.

(5) As a measure of relief to importers from Pakistan and Bangladesh, separate licences will be issued based on the quota certificates pertaining to the past imports from Pakistan and Bangladesh. The value of such separate licences will be calculated on the same quota percentage as is applicable in respect of the item concerned for import from General Area as a whole in terms of the relevant Import Trade Control Policy in the same manner as indicated in this para. The separate licences so issued will be valid for import from General Area.

and the same in respect of articles failing under one serial number or sub-serial number of the I.T.C. Schedule as the case may be.

(2) The head office and branches of an established importer should, when applying for licences, append to their applications a certificate as in Appendix 8 to this book, certifying that the head office and all the branches of the concern in India have selected a par- ticular financial year as the common basic year and the quota certificate on the basis of which an import licence is claimed, gives the certified particulars of previous imports in that common basic year.

(3) Under the rules the clearance of goods im- ported by a branch of a concern should be allowed only against a licence issued to that particular branch. But a relaxation has been allowed to permit the clear- ance of goods imported by one branch against a licence issued to another branch. In such cases the Bill of Entry will show the number of the licence and full particulars of the licence-holder and the benefit of past imports for the purpose of quota fixation will be given to the branch holding the licence against which the imports have been effected and not to the branch which cleared the goods.

Minimum/Maximum Value of licences

45. (1) If an established importer is eligible to a licence in terms of para 39 above, the minimum value of quota /additional/supplementary licence issued to him will be Rs. 1,250/-, unless otherwise provided.

(4) For the purpose of determining whether the applicants are separate entities or branches, the fol- lowing will be the criteria :—

(i) If the concerns are assessed to income-tax jointly i.e., have a common I.V.C. No., they will be treated as branches or head office and its branches.

(ii) If the firms are proprietary/partnership con- cerns and are assessed to income-tax sepa- rately and have separate I.V.C. Nos. but are owned by one and the same person or the same set of persons, they will be treated as branches or head office and its branches.

(iii) Limited companies, whether Public or Private with the same set of Directors or otherwise, which are assessed to income-tax separately and have separate T.V.C. Nos. will be treat- ed as separate entities.

Issue of import licences to established importers

against applications for back periods

(2) In the case of division of quota of an estab- lished importer on account of dissolution of the partnership, death of the proprietor, partition of the Hindu undivided family or any other Teason, the division of quota is allowed to enable the succeeding parties to get their proportionate shares of the approved quota of the original firm. While allowing the division of quota in such cases, none of the succeeding parties will be allowed the concession of obtaining minimum value licences provided in this para but the total value of licences admissiable to all the succeeding parties, taken toge- ther, will be equal to the entitlement of the original firm had there been no division of quota. The quota certificates granted to such parties will be suitably endorsed in this regard. Tt may be clarified that if, under the provisions of this sub-para, the value of a licence to be issued to a succeding party comes to Rs. 100/- or less, such party will not be eligible to the licence in terms of. snb-para. 38(2) above.

(3) Quota licences issued to established importers may be subject to such maximum value limit as may be fixed in terms of the import policy in force.

47. Although every possible effort will be made by the licensing authorities to disooso of all applications for import licences submitted in a particular licensing period within the enrrcnev of that period, there may be cases where the final disposal of the application is delayed for the following reasons :—

Established importers having more than one office

in India

46. (1) The head office and branches of an established importer concern should obtain separate quota certificates in respect of past imports standing in the name of each of them; and the basic year for the head office and all its branches should be one (i) Laches on the part of the applicant by mak- ing incomplete applications or by late sub- mission of required documents/information.

Oil Delav in the processing/consideration of the ense due to unforeseen circumstances bevond the control of the import trade control autho- rities or other Government department,

In the type of cases covered by category (i) above, no import licences would be granted against applica- tions for back periods. But in the type of cases covered by category number (ii), the applications for back periods will be considered subject to the avail- ability of monetary foreign exchange ceiling in the following manner :—

(a) Where the item concerned is licensable to established importers at the time of issue of the licence, the application for the back period will be considered in the normal course in terms of the import policy for the licens- ing period to which the application pertains. In the case of composite serial number or sub serial no. of the I.T.C. Schedule, cover- ing more than one item/specification, the licence will be valid only for such of the items/specifications, covered by the serial number or sub serial number in question as are licensiable to established importers at the time of issue of the licence;

(b) Where the item concerned is not licensable to established importers at the time of issue of the licence and the application for consi- deration pertains to the immediately preced- ing period, such application will be consi- dered in the normal course in terms of the import policy for the licensing period to which the application pertains, provided the import of the item in question is not cana- lised through any agency at the time of issue of the licence; and

fc) No licences for back periods will be issued in cases not covered by (a) and (b) above and for items whose import is canalised at the time of consideration of the application. However, in order to alleviate the hardship caused to the applicant by the total refusal of licences in such cases, the licensing autho- rity may consider such application on ad hoc basis and issue licences for permissible items in lieu of banned and canalised items. Such licences where granted will be subject to such restrictions, limitation or conditions and for such value as may be deemed fit and decided by the licensing authority. The import licences for alternative items issued under this provision will also be subject to the conditions/restrictions applicable to such alternative item in terms of the policy for the licensing period in which the licence has been issued and not the policy for the period to which the application nertnins.

constitution or name of the business, the established importer will not be eligible to the grant of licences as he ceases to be an established importer. However, in public interest and for continuity of business, the licensing authority may recognise new established im- porters in respect of any business, in accordance with the provisions made in the following paragraphs.

49. Where there is a change in the ownership or constitution of an established importer's business, without any change in the name of the business, and the new owner or the reconstituted concern, as the case may be, acquires the quota of the original con- cern, as a whole, the quota belonging to the original concern will be deemed to have been transferred to the new concern. The new concern can obtain import licences on the basis of such quota, if otherwise admis- sible. Tn such cases no application for TOR need be made but an intimation about the change should be sent, in the form given in Appendix 9 to the licensing authority concerned with the issue of the licence within 90 days of the date of the change. The constitution of the new concern should also be mentioned in the usual manner in the next application for import licence, indicating therein the nature of the chanec and the date from which it has taken place. Tn cases where the intimation about the change is sent after the expirv of 90 days the quota entitlement of the applicant will be liable to a cut of 25% tn the first licensing period after the change. The licensing authorities may, how- ever, condone the delay if it is satisfied that the delay was due to circumstances, beyond the control of the applicant.

50. Where there is a change in a name of the esta- blished importers business, without any change in the ownership or constitution of the business, no applica- tion for TQR need be made. The established importer should produce his quota certificate to the licensing authority concerned for necessary change iherein. alongwith an affidavit about the change of name and affirming that he will not claim any licence in future in the old name. Where a private limited company becomes a public limited company or vice versa, it should report the fact to the licensing authority con- cerned.

51. Where there is a change in the name of esta- blished importers business alongwith a change in the ownership or constitution of the business, the new concern cannot claim import licences on the basis of the quota of the original concern, without obtaining TQR in its favour. The application for TQR should be made to the licensing authority concerned.

Recognition of new established importers and transfer

of Quotas (TQR)

48. An established importer may be (i) an indivi- dual, (ii) a partnership concern, (iii) a karta of a Hindu undivided family in respect of the family busi- ness, (iv) a limited company and (v) any association or body of individuals. Licences are granted in the name of the business belonging to the established im- porter. Where there is any change in the ownership 52. Where there is any change in the ownership or constitution of an established importers business and, as a result of such change, a part of the quota of the original concern is required to be separated or the quota of the original concern is required to be divided, the application for such separation of the quota or for its division, as the case may be, should be made to the concerned licensing authority. If the quota to be separated is also sought to be transferred in favour of any persons, the transferee should also make the

application for TQR to the licensing authority con- cerned, in such cases, the new owner or the recons- tituted concern(s) cannot claim import licences on the basis of the quota standing in the name of the original concern without obtaining TQR.

53. Where an established importer is a limited com- pany and the company is amalgamated with another limited company, the application for TQR in favour ol; the new company should be made to the licensing authority concerned, supported by an order of the competent court or other evidence of amalgamation.

54. Application jar TQR.—An application for TQR should be made in the form given in Appendix 10 along with the prescribed documentary evidence. The jurisdiction of the port licensing authorities for dealing with such applications is given in Appendix 11. The application for TQR should be made by the head oilice of the applicant concern, covering all its branches, and such application should be made to the licensing authority in whose jurisdiction the head oilice is situated.

55. The application made in terms of paragraphs 51 and 52 above should be accompanied by the follow- ing documents :—

(i) In the event of death of any person, a death

• certificate should be produced;

(ii) In the event of relinquishment of rights by any person in favour of another, an affidavit of relinquishment should be produced;

(iii) If the transfer of quota in favour of any legal heir or heirs is claimed on the basis of a 'will', the application should also be sup- ported by the said 'will' and the probate thereof or an affidavit of consent by all the other legal heirs;

(iv) Partnership deed of the outgoing concern;

(v) Partnership deed of the incoming concern if

it is a partnership concern;

(vi) If the business has been sold, deed of trans- fer duly registered with the Registrar of Documents should be produced; if the firm is dissolved, a deed of dissolution should be produced.

(vii) Where a common basic year is required to be selected for calculation of quota, appli- cation should be supported by an affidavit to the effect that the parties will select a com- mon basic year for the establishment of quotas in respect of same or similar items on the basis of the business done by the out- going concern; and

(viii) Any other document on which the applicant

may rely in support of his application.

56. Affidavit to be produced by the applicants with their application for transfer/division of quotas, where- ver laid down, should be sworn before a 1st Class Magistrate or a Notary Public.

57. (i) Subject to the provisions in sub-paras, (ii) and (hi) below, an estabhsned importer is not allowed to transfer his business to which a quota is attached except as a whole :

(.ii) If an established importer has two or more branches, each having a separate quota in respect thereof, it will be open to such established importer to transfer the business of any branch with the entire quota belonging to that branch.

(iii) Where due to a change of a solo agency in respect of the products of a foreign manufacturer, the old agent agrees to transfer the whole or a part of his quota to the new agent, the transfer/division of the quota is permissible.

(iv) Where an established importers has also got a manufacturing business, and any of the items in which he has a quota as an established importer may be re- quired for use in such manufacturing business, the established importer can transfer his business as an established importer except for the items which may be required for use in the manufacturing business. It, in such a case, an established importer transfers his manufacturing business, his established importer quota in respect oi items which may be required as raw materials, components or spares in the said manufac- turing business will lapse.

58. In the following types of cases, import licences can be claimed only against quotas calculated on 'common basic year', in respect of same or similar items on the basis of the business done by the outgoing concern :—

(a) Where a quota is divided and transferred in part to several persons separately, the per- sons in whose favour the quota is transferred have to select a common basis year. How ever, where a rjerson acquires a quota in respect of any item transfercd in his favour and he already holds a quota in respect of the same item by virtue of a business done separately, it shall be open to him to claim licences on the combined value of the two quota certificates even if the quota certifi- cates are in different basic years. This will also apply in the case of amalgamation of two limited companies.

( b ) ' in cases falling under sub-paragraph 57 (ii) and 57 (iii) above, the transferor and the transferee will be required to select common basic year for the same or similar items; and

(c) the provisions of this paragraph will also apply to cases where the parties have been exempted from making applications for TQR.

59. (1) Where an application for TQR is requir- ed to be made in terms of these provisions, such appli- cation should be made so as to reach the licensing authority, complete in all respects, within a period of 90 days from the date of change in the ownership, constitution or name of busines, etc., as the case may be. The licensing authority may, however, in deserv- ing cases, condone the delay in making the application

if such authority is satisfied that the delay was caused by circumstances beyond tlie control of Uie applicant. Ir the applicant is not in a position to make an appli- cation, complete ni all respects, within the prescribed period of yu days due to uic formalities to be observ- ed in getting the deed of transfer of business registered with tnc Registrar of Documents; he- can appfy by producing an attested copy of the transfer deed wiUa an evidence to snow that the original deed has been deposued lor registration and should furnish an undertaking to Hie effect that trie original deed duliy registered will be produced by him witmn a period of 15 days from tde date of registration.

(2) Where an application for TQR, complete in all respects i.e., accompanied by documents specified in paragraph 55 above, is received by the licensing autho- rity concerned within a period of 90 days trorn the dale of change in the ownership, constitution or name of the business, as the case may be, or where the delay in the receipt oi the application is condoned by the /icensing auiaority, as indicated in sub-paragraph (1) of thio paragraph, trie transferee will be eligible to the transfer of quota from the licensing period during which the change occurred. In other cases, the TQR will be ctlcctivc- from the licensing period during which the: application for fQR is made complete in all respects, in tlie case of deficient applications, the TQR will be valid from the licensing period during which the documents specified in paragraph 55 above are produced.

(3) Where an applicant is unable to produce origi- nal documents specified in paragraph 55 above, he may submit photostate/certificd/attcsted copies there- of in support of his application for TQR. The application may, in such a case, be considered on pro- duction of the original documents subsequently to show that the photostate/certified/attested copies are correct. The benefit of TQR may in such a case be given from the date on which the photostate/certified/ attested copies of the documents in question were received, if the TQR is other-wise admissible from such date.

(4) The licensing authonties will dispose of appli- cations for TQR cxpeditiously. If an application for TQR, made complete in all respects, is not disposed of within a period of one month, the licensing autho- rity will issue an interim reply to the applicant. If an applicant does not receive an interim reply even within this time limit, he can bring the matter to the notice of the Public Relations Officer in the Import Trade Control office concerned : or book an interview with the Officer concerned through the Enquiry Officer in order to know the reasons for the delay in the dis- posal of his application.

60. (i) Where an established importer has duly made an application for licence, but there is a change in the ownership or constitution or name of the busi- ness before the licence is granted, the licence will be granted on such" application, if otherwise admissible, to the new owner or owners of newly constituted firm, etc. after their having been recognised as established importer provided the validity of the TQR under sub- para 59(2) above covers the period of the application in question. The licensing authority may also consider the grant oi licences in favour of new owner (s) of the business or the reconstituted concern etc. against other pending claims of the old owner(s) of the business, if otherwise admissible, provided the agreement be- tween the parties or the affidavit of relinquishment specifically contains a provision to this effect.

(hj If the licensing authority is satisfied that the approval to the recognition and grant of quota is likely to be delayed on account of circumstances beyond the control of the applicant, it will be open to the licensing authority to giant licences to the applicant hi anticipa- tion of the approval, if the applications arc otherwise in order.

(hi) The rules and procedure for the grant of licences for back periods to established importers will also apply to the applications for licences to be issued to newliy recognised established importers.

61. In the following types of cases, the quota of

established importer will lapse :—

(i) If the established importer is an individual

and is declared insolvent; and

(ii) Ii the established importer is a limited com- pany which is wound up without any arran- gement having been made for the transfer of its business.

62. In the following cases, no change in the owner- ship of the business will be held to have taken place for the purpose of these rules.

(i) Change of directors or share holders in pub-

lic or private limited company.

(ii) Changes in the Hindu undivided family by birth, death or otherwise; this will not how- ever, apply to the death or retirement of karta.

(hi) Change of address of an established impor-

ters business.

63. Any case which is not strictly covered by any of the above paragraphs will be decided on analogous principles-

64. In cases where an application for TQR is not required to be made under the foregoing provisions, the aplication for licence should be accompanied by a declaration in the form given in Appendix 9.

65. Where the new established importers have been exempted from making applications for TQR; the im- port licences will be issued to them in the normal course, if otherwise admissible. They will, however, be required to state in their applications for licences the changes occurring in the business and the dates from which such changes have taken place. If in such cases, any objection is received from'any person at any time against the licences claimed or granted the licens- ing authority will examine such objection and call for such evidence from both the parties as may be deemed necessary. If J.s a result of the examination, the licen- sing authority finds that the established importer is not entitled to the whole or a part of the quota on the

basis of which he has been claiming licences without obtaining sanction for TQR, the quota of the esta- blished importer will be reduced accordingly; and the parties found guilty of misrepresentation or contraven- tion of these lines, will be liable to penal action, under the imports and Exports (Control) Act and the Orders issued thereunder. In such cases the value of the excess licences already obtained by the party will also be adjusted against the future quotas of the party in respect oi any items for any category.

66. It the objection in terms of paragraph 65 above is made to the licensing authority concerned within three months from the date of the changes in the con- stitution or ownership or name of the establishment importer's business, and the objector is found to be entitled to either the whole or a part of the quota, he will be eligible to the transfer of such quota in his favour. The licensing authority may also condone the delay in making the objection, if such authority is satisfied that the delay was caused by circumstances beyond the control of the objector.

licence but before its utilisation, there is change in the uwaersnip or constitution or name of the csiabhsneJ lmponcf s business, the new owner of the business or me reconstituted concern etc. as the case may be can- not utilise tne licence in question without obtaining a written permission from the licensing authority winch gianced the licence or from any other person em- powered m this behalf by such authority m ternii of sub-clause 5(3) of die Imports (Control) Order, 1955, dated the 7th December, 1955 as amended. In such cases, an application for obtaining the necessary per- mission oi tne authority concerned should be support- ed by an allidavit of the applicant, sworn before a 1st Class Magistrate or Notary Public to the effect that he is the rightful successor of the business for which the licence in question was issued and that, in the event of any mis-statement subsequently detected in this respect, he will be liable to all actions and conse- quences arising therefrom.

Issue of fresh quota certificates consequent on transfer/

division of quotas

67. It will be open to the licensing authority to reject

the applications for TQR :—

(i) if the application or the documents accom-

panying the application are defective;

(ii) If the licensing authority decides that the recognition and grant of quota is not in pub- lic interest or for continuity of any business;

(iii) If the licensing authority decides that the transfer/division of quota is sought with an intention to defeat the transferors' creditors; and

(iv) For any other reasons to be recorded.

68. The licensing authority may, after giving a reasonable opportunity to the persons who have been recognised as established importers and to whom a quota has been granted, of being heard, cancel or amend the order regarding recognition of new esta- blished importer and grant of quota, if it is found—

(i) That the application for recognition and grant of quota contained any false, fraudu- lent or misleading information;

(ii) That the evidence tendered by the applicant contained any document which was false or fabricated or had been tampered with;

(iii) That the applicant is guilty of any corrupt or fraudulent practice in respect of his appli- cation; and

(iv) That the recognition and the quota has been granted through inadvertence or mistake or contrary to the provisions of these rules or due to any fraud or misrepresentation.

Permission for utilisation of quotti licences

68A. Where an import licence has been granted to an established importer and after the grant of the 68B. (1) In the event of a change in the ownership or constitution of a business without any change in the name of the business, where the new owner or the reconstituted concern as the case may be is not required to apply for TQR, the quota certificates standing in the name of the original concern will be endorsed by the licensing authority concerned indicating therein the nature of the change and the date from which the change has taken place.

(2) If the name of the business changes, the quota certificate will be amended by the licensing authority concerned by changing the name of the established im- porter's business appearing thereon. An endorsement will also be made on the quota certificate indicating the date from which the change has taken place,

(3) Where a quota has been divided, the quota certificates and their counterfoils standing in the name of the dissolved concern will be cancelled and fresh quota certificates will be issued in the name of the succeeding parties concerned according to share of the quota transferred in their name. A suitable endorse- ment giving the number and date of the order, under which division/transfer has been allowed by the I.T.C. authority concerned will also be made on the old and fresh quota certificates and their counterfoils,

(4) The person concerned should produce the quota certificate to the licensing authority who issued the same, for necessary endorsement/amendment as indicated above immediately after the change has occurred. In cases where the new owner or the re- constituted concern is required to apply for TQR, the quota certificates should be produced to the licensing authority concerned for necessary ' endjorsementl/ amendment immediately and, in any case, not later than 30 days, after the new owner or the reconstituted concern, as the case may be, has been recognised as an established importer.

CHAPTER IV

ACTUAL USERS (INDUSTRIAL)

69. (1) Definition.-—Actual users (industrial) are

those who require; raw materials, components, acces- sories, machinery and spare parts for their own use in an industrial manufacturing process.

(2) Categories of actual users.—Broadly speaking there are three categories oi; industrial actual users, viz., (i) scheduled industries borne on the registers of the Directorate General of Technical Development, (ii) scheduled industries not borne on the registers of the Directorate General of Technical Development and non-cheduled industries other than small scale indus- tries, (hi) small scale industries.

the licensing authority will require seven copies of the list of goods to be imported against each licence. Therefore, the number of copies of the list of items likely to be re- quired, may be calculated by the applicant on the basis of seven copies for each licence of the set of previous licences issued;

(c) Any other document/information considered necessary or required in terms of the provi- sion of this Book, or the relevant Import Trade Control Policy Book, or any Public Notice/Trade Notice issued in this regard.

Scheduled industries borne on the registers of the Direc-

torate General of Technical Development

70. Procedure for submission of applications for raw materials, components and spares.—(1) Licensing and sponsoring authorities.—Actual users borne on the registers of the Directorate General of Technical Development for a particular industry, should, in respect of goods required for that industry, apply to the Chief Controller of Imports and Exports, New Delhi, through the Directorate General of Technical Development (Import Cell in the prescribed form. The envelopes should be super- scribed "import application" and addressed to the Assistant Director (Import Cell), Directorate General of Technical Development, New Delhi. These appli- cations will be forwarded by the Directorate General of Technical Development with their recommendations to the Chief Controller of Imports and Exports, New Delhi, for necessary action. Where the relevant import policy provides for submission of import appli- cations direct to the licensing authority the applications in such cases should not be made through DGTD. Applications made under the procedure for "automa- tic licensing" (Please see para 72 infra) should be submitted direct to the licensing authority i.e., CCI&E Etc.

(2) Form of application.—The applications should be made, in Triplicate, in the prescribed form "C" as given in this Book. Actual users applying for Iron & steel items and ferro alloys should also use form "C" (Appendix—3). The applications should be accom- panied by :—

(a) Treasury/bank receipt showing the payment of application fee on the value applied for; (b) Seven copies of the list of items sought to be imported (out of these seven copies, one copy will be returned by the Directorate General of Technical Development to the applicant with such amendments as the Directorate General of Technical Develop- ment may make in cases where applica- tions are made through the DGTD). If the number of licences to be issued in a particular case is more than one, (3) Consolidated applications.—(a) An applica- tion for a licence should be a consolidated application, covering the requirements of the unit in respect of raw materials and components, required for the particular end-product including related end-products to which the application pertains, but excluding iron aud steel items and ferro alloys. The applicants should make applications after careful consideration so that the necessity for applying for a change in the description of items or introducing any new items at a later stage docs not arise. Unless there are special reasons, requests for amendment or addition to the list or description of items or value thereof; will not be entertained.

(b) In the case of IDA industries (listed in Appen- dix 6 to this book), the applicants should also include iron and steel items and ferro alloys in their consoli- dated applications for raw materials and components, made to the Chief Controller of Imports and Exports, New Delhi. In such cases, no separate applications in respect of iron and steel items and ferro alloys need be made.

Note.—Where an actual user has to import goods through different agents by obtaining letters of authority in favour of such agents, the application for licence should be accom- panied by separate lists of goods to be im- ported through each agent. In such cases the actual user can also make separate applications for licences in respect of goods to be imported by him through different agents.

(4) Code numbers.—For facility of reference, the Directorate General of Technical Development will allot code numbers to each industrial unit borne on their books. As and when code numbers are allotted by the D.G.T.D., the unit should quote its code num- ber in its application for licence; and also in all subse- quent communications, so that cross-referencing is facilitated. In the licensing sections of the Office of the Chief Controller of Imports and Exports, suitable adjustments will be made in the filling and indexing system to mesh with the processing of applications for

licenses on the code numbers alloted by the DG.T.D. 11: no code number has been allotted to a unit by the D.G.T.D., the words 'not allotted' should be written by the applicant against relevant column at top of the prescribed form of application for licence (Form 'C').

(5) Guide-lines for applicants.—Applicants should also observe the following instructions while applying for licences :—

(i) The stocks held and the expected arrivals against licences in hand as on the date of application for licence, should be indicated in the appropriate column in the application for licence;

(ii) Full details of the items applied for and justification tor their injport vis-a-vis use of indigenous substitutes, the value/quantity in respect of each item and the I.T.C. classifi- cation of the items should be invariably indi- cated in the application for licence;

(iii) The detailed end-use of the raw materials/ components applied for should be mention- ed in the application;

(iv) The factory number and the code number if allotted by the Directorate General of Tech- nican Development to the scheduled unit should be given in the relevant columns in the application form;

(v) It should also be indicated in the application whether the applicant has been licensed under the Industries (Development and Re- gulation) Act, 1951, and if so, the licence number may be quoted;

(vi) Efforts made for procuring the goods applied for or substitutes thereof from the internal market or indigenous manufactures and the result of such efforts should also be indicat- ed in the application (the indigenous manu- facturers published in the Hand Book of Indigenous Manufacturers should be con- tacted for the supply of articles manufactur- ed by them); and

(vii) No application should be made for raw materials, etc., required for the manufacture of new items, unless a licence for such manufacture has been obtained under the Industries (Development and Regulation) Act, 1951, wherever necessary.

72. (1) Applications for automatic licences.—The existing units borne on the books of the DGTD whether engaged in select or other industries, should make applications for the giant of "automatic" licences on an annual basis for import of raw materials and com- ponents, endproduct-wise (including related endpro- ducts). The applications should be made to the Chief Controller of Imports & Exports, New Delhi and not through the DGTD, within the last date prescribed for submission of such applications in the relevant import policy (Red Book-Volume I).

(2) The application for "automatic" import licence i for raw materials and components should be accom- panied by a statement showing consumption of import- ed raw materials and components in the preceding year and other particulars in the proforma appealing in Appendix 14, duly certified by a Chartered Accoun- tant or a Cost Accountant hi practice who is not a partner or an employee of the applicant or his asso- ciates. The Cost Accountant must be a member of the institute of Cost & Works Accountants of India Calcutta and authorised to undertake practice. The applicant and the Chartered Accountant/Cost Accoun- tant should ensure that the information given in the statement is complete and accurate. Applications supported by incorrect statements will be liable to be summarily rejected without prejudice to any other action that may be taken in this behalf. The licensing authority may, if necessary, call for further evidence to verify the correctness of the information furnished in the said statement.

(3) The applicant should furnish four copies of the statement of consumption referred to in sub-para (2) above. The licensing authority will send copies of the consumption statement to the DGTD and Central Excise authorities concerned.

73 (1) Applications for supplementary licences.— The existing units borne on the books of the DGTD, engaged in select industries, may also apply separately for the grant of supplementary import licence on an annual basis for import/ of raw materials and compo- nents. Applications lor supplementary licences should be made to the Chief Controller of Imports and Exports, New Delhi through the DGTD. Such appli- cations should be made within the last date prescribed for the purpose in the relevant import policy (Red Book-Volume I).

Select Industries

71 (1) The list of priorty industries which has been in operation since April 1966—March 1967, has been discontinued from the licensing period April 1975— March 1976.

(2) A list of select industries has been drawn up

which appears in Appendix 12. Units borne on the hooks of the DGTD (Existing Units)

(2) Applications for suplementary licence should also be accompanied by a statement of consumption etc. referred to in sub-para 72(2) above and such other information/documents as may be necessary in terms of the relevant import policy (Red Book-Vol. I).

(3) The DGTD will examine these applications in consultation with the Economic Adviser, Ministry of Industry & Civil Supplies and forward the same to the Chief Controller of Imports & Exports with their re- commendations.

(i) Import of raw materials and components

(ii) Import of spare parts

74 (1) Separate applications for spares.—The existing units borne on the books of the DGTD whether engaged in select or other industries, should submit separate applications on an annual basis for import of spare parts. There will be no last date for submission or such applications during a licensing period.

(4) Monthly Production Returns.—-The Directo- rate General of Technical Development will also check up whether the applicant has furnished to them the complete monthly production returns for the preceding Calendar year in respect of the industrial unit to which the application for the licence pertains. In the case of units tailing to submit complete monthly production returns, applications for licences will be liable to be summarily rejected.

(5) Basis oj recommendation and licensing.—

(2) Particulars oj machinery to be furnished.— Applications for import of spare parts should be accompanied by a statement indicating all the parti- culars of imported machinery as well as indigenous machinery, having imported components, installed or used in the applicants units, for the maintenance of which the spare parts arc sought to be imported. A proforma of the statement in which particulars are to be furnished is. given in Appendix 13.

(3) No list of spare parts.—-It will not be necessary for an applicant to furnish a list of spare parts to be imported. Import licences for spare parts will be valid for the import of spare parts (including consuma- ble spare parts) required for the plant, machinery and equipment installed and used in the licence-holder's factory, including spare parts¹ of ancillary equipments, control and laboratory instruments and safety appli- ances subject to such restrictions or conditions as may be imposed or applicable in terms ot the relevant import policy.

Processing of applications and basis of licensing

75 (1) Check Sheets to be furnished.—Each appli- cations lor import of raw materials and components, should be accompanied by the Check Sheet duly filled in and signed by the applicant. A specimen of the Check Sheet appears in Appendix 38 to this book.

The recommendations for grant or refusal of licences will be made by the Directorate General of Technical Development on the basis of (i) foreign exchange availability or availability of other monetary ceilings, (ii) availability oil the goods applied for from indi- genous sources or other commercial channels, (iii) essentiality of the goods applied for, (iv) stocks in hand and expected arrivals, (v) past imports and past consumption of the item(s) in question, by the appli- cant, (vi) actual production during the preceding calendar year, (vii) estimated production, (viii) policy in respect of items sought to be imported, (ix) import- ance o[ the user industry to the national economy, (x) needs of export production, (xi) value of licences/ release orders issued in the previous licensing period(s) and (xii) other factors considered relevant and neces- sary, will also indicate quantitative limits in respect of items licensable on restricted basis in terms of the rele- vant import policy in force. In cases where, import applications arc to be made direct to the licensing authority, the value of licences/release orders to be issued may also be determined by the licensing autho- rity having regard to these factors and the provisions made in the relevant import policy (Red Book—Vol.

(6) Attestation of list of goods by D.G.T.D.—(a)

(2) Applications for licences received in the Directorate General of Technical Development or by the licensing authority, if the application is submitted to it direct, without the treasury challan showing the payment of application fee or where the treasury chal- lan furnished by the applicant is not of the correct amount which the applicant is required to pay on the value applied for, may be returned to the applicant indicating to him the correct amount to be paid as ap- plication fee and advising him to resubmit the applica- tion with the treasury challan of the requisite amount within a specified time.

(3) Acknowledgement by D.G.T.D. or the licensing

authority.—While acknowedging the application, the Directorate General of Technical Development or the licensing authority, if the application is submitted to it direct will also inform the applicant about the de- ficiencies in his application. For the purpose of locat- ing the deficiencies in an application, the Directorate General of Technical Development or the licensing au- may also check up whether the IVC No! quoted by the applicant in his application is valid for the period to which the application pertins and the defi- ciencies if any in the IVC No. may also be communicat- ed by the DGTD or the licensing authority, if the app- lication is submitted to it direct to the applicant along with other deficiencies in their acknowledgement-cum- defiviency letter. The applicant will be given a speci- fied time-limit to make up the deficiencies.

The recommendation of the Directorate General of Technical Development will be forwarded to the C.C.I. & E. along with one copy oE the application for licences in each case and the treasury challan furnished by the party. Five copies of the list of goods recommended for import by the Directorate General of Technical Dvelopmcnt including one copy of the list duly attested by them will also be sent to the C.C.I. & E. along with the recommendation in all cases. The Directorate General of Technical Development will also send a copy of their recom- mendation to the applicant returning to him there with one copy of the list of goods applied for with such changes as may be made by them in the list. If an applicant has furnished more copies of the list of items sought to be imported, depending upon the number of licences to be issued against the applica- tion, the extra copies sent by the applicant will also be forwarded by the D.G.T.D. to the C.C.I. & E. with the application for licence. If more than one licence is recommended against an application, and the appli- cant has not furnished the required number of copies of the list of items to be imported, the D.G.T-D., while sending a copy of their recommendation to the applicant, will inform him to send the required num- ber of copies of the list of items to the Chief Control- ler of imports and Exports direct. The number of

copies of the list of items likely to be required may be calculated on the basis of seven copies for each licence to be issued.

(b) The recommendation of the D.G.T.D. should indicate the date on which the application was receiv- ed in the D.G.T.D.

(7) The D.G.T.D. will send one copy of the import application to the Economic Adviser in the Ministry of Industry and Civil Supplies, New Delhi.

(8) Where import applications are to be made direct to the licensing authority, the applicant should furnish the requisite number of copies of list of items sought to be imported. The number of copies of the list of items likely to be required may be calculated on the basis of seven copies for each licence to be issued under the provisions made in the relevant import policy (Red Book-Vol. I)

(9) Processing in licence office.—On receipt of the import application whether direct from the applicant or through D.S.T.D; the licensing authority will check up the I.V.C, number, treasury challan and other pro- cedural points relating to the import trade control rules and regulations. If the application is found to be in order, the licence will be issued or refused, as the case may be based on the recommendation of the Directo- rate General of Technical Development or the relevant import policy, as the case may be.

(10) Consolidated licences.—Import licences will be consolidated ones, covering the requirements of the applicant unit in respect of raw materials and com- ponents required for a particular end-product includ- ing related end-products.

(b) Where the mode of payment is different, such as free exchange, foreign credits, rupee, etc.;

(c) Where the goods arc to be imported through

different ports.

(d) Licences for import of spare parts,

(13) Restrictions on remittances/utilisation of licence,').—The licensing authority may impose on a licence for raw materials, components and spares, such conditions or restrictions as it may consider necessary, regarding utilisation or remittances.

(14) Amendment.—Requests for the amendment of licences should also be routed through the Directorate General of Technical Development; and such requests will be considered by the licensing authority on the recommendation of the Directorate General of Techni- cal Development. However, requests for amendments of minor nature i.e., those not involving change in the value or items, will be entertained direct by the licensing authority. Also, in cases where a licence/ release order has been issued on an application made direct to the licensing authority, the request for amend- ment, if any, in the said licence/release order may be made direct to the licensing authority concerned.

(15) Revalidation.—The procedure for making ap- plication for revalidation of licences is given in Chap- ter XI of this book.

Scheduled Industries not borne on the Registers of

the Directorate General of Technical Development

and non- Scheduled Industries other than Small Scale

Import of raw materials, components and spares

(11) Intimation to sponsoring authority.—(a) Where the licensing authority does not, for any reason accept the advice/recommendation of the Directorate General of Technical Development in its entirety, the necessary intimation to this effect will be given to the effect will be given to the D.G.T.D.

(b) Copies of the forwarding letters with which licences are sent to the applicants, will be endorsed by the licensing authority to the D.G.T.D. in the sub- ject matter of the letter in question, ths 'end-product' will also be indicated. Similarly, in the case of rejeo tion letters, copies of the rejection letters, will be en- dorsed to the D.G.T.D. Where applications are made direct to the licensing authority a copy of the applica- tion will also be sent by the licensing authority to the DGTD while giving information about the grant of licence/release order.

(12) Cases in which separate licences will be is- sued.—Instead of issuing consolidated licences, the licensing authority will issue separate import licences in the following types of cases :—

(a) where the goods are sought to be imported by the actual user through different agents on the basis of letters of authority;

76. (1) Classification into two groups.—For the purpose of import applications for raw material, components and spares, the actual users excluding small-scale units, not borne on the books of the D.G. T.D., for the parti- cular end-prpduct, have been classified into two groups, namely, (i) units sponsored by the State Directors of Industries, or State Drugs Controllers, State Directors of Fishe- ries or Agricultural Marketing Adviser to the Government of India, Faridabad, and (ii) those looked after by other sponsoring authorities.

(2) (a) In the case of units falling in group (i) in sub-para (1) above, whether engaged in select industries listed in Appendix 12 or other industries, the procedure for sub- mission of applications and grant of licences will be the same as for the S.S.T., units indi- cated, separately in this chapter.

(b) In the case of units falling in group (ii) in sub-para (1) above whether engaged in select industries listed in Appendix 12 or other industries, the procedure for submis- sion of applications and grant of licences

will be the same as ior the D.G.T.D,, units indicated separately in this chapter. The applications for import licences should be made by such units to the licensing autho- rities concerned through the respective spon- soring authorities, except in cases covered by para 72 above.

(c) In respect of spare parts sought to the im- ported by integrated steel plants in the pri- vate sector and secondary producers and re-rollers (Iron and Steel Industries), the procedure for submission of applications and grant of licences will be same as applicable to steel plants in the public sector as laid down in Chapter VIII of this book. In other words, the applications, aj in tjie case of steel plants in the public sector, will be considered and licences issued by tile Chief Controller of Imports and Exports New Delhi.

(3) Application form.—The import applications should be made, in duplicate in the prescribed form 'B' given in this book, Actual users applying for Iron & Steel items and ferro-alloys should also use form 'B'. It is an applieation-cwwj-rccommendation form. Where an import application is required to be made through tiic sponsoring authority, the sponsoring authority will give its recommendation in Part III of the application form, and will thereafter, forward the application to the licensing authority concerned for necessary action.

(4) Application for licences should be accompanied

by :- " '

(a) treasury/bank receipt, showing the payment

of application fee on the value applied for; (b) the required number of copies oi the list items sought to be imported as indicated, in paragraph 70(2)(b) in this chapter; and (c) any other document/information considered necessary or required in tianis of the pro- visions of this book; or the relevent Import Trade Control Policy Book; or any Public Notice/Trade Notice, issued in this regard.

(5) Sponsoring authorities.—The names of spon- soring authorities through whom the actual users are required to submit their applications for licences, wherever necessary, are given in Appendix 15 to this book. Sponsoring authorities will forward the appli- cations with their recommendations to the regional licensing authorities concerned as indicated in the re- levant Import Trade Control Policy (Red Book).

(6) Licensing authorities.—Scheduled industries not

borne on the books of the D.G.T.D., and non-sche- duled industries excluding small scale, falling in sub- group (u) sub-para (i) of this paragraph, should make their import applications for raw materials, com- ponents and spares to the regional licensing authority in whose jurisdiction the unit is situated, except for the items for which the import licensing has been centralised with any particular licensing authority. However, units engaged in the following industries should submit their import applications to the licens- ing authorities indicated against, each, irrespective of the place where the units is situated :—

Industry

Licensing Authority

Textile other than jute and hemp

(i)

(ii) Textile engineering

Tea including instant tea powder (iii)

Collieries

(iv)

Jute and rope

(v)

(vi) Coffee

Sugar

(vii)

Vanaspati

(viii)

Coir

(ix)

Joint Chief Controller of Imports and Exports,

Bombay.

Joint Chief Controller of Imports and Exports,

Bombay.

Joint Chief Controller of Imports and Exports,

Calcutta,

Joint Chief Controller of Imports and Exports,

Calcutta.

Joint Chief Controller of Imports and Exports,

Calcutta.

Joint Chief Controller of Imports and Exports,

Madras.

Joint Chief Controller of Imports and Exports,

(C.L.A.), New Delhi.

Joint Chief Controller of Imports and Exports,

(C.L.A.), New Delhi.

Deputy Chief Controller of Imports and Exports,

Ernakulam.

Note : Applications for the grant of emergency licences of imports of spare part, should be made to

the regional licensing authorityconcerned in whose jurisdiction the applicant unit is situated.

(7) Consolidated applications.—An application for a licence should be a consolidated application cover- ing the requirements of the unit in respect of raw materials and components required for the particular end -product to which the application perlains; but excluding iron and steel items and ferro alloys or an item for which import licensing has been centralised with any particular licensing authority. In the case of I.D.A., industries, the consolidated application should also include iron and steel items and ferro- alloys. Separate application should be made for import of spare parts including spare parts of machine tools. The applicants should make applications after careful consideration so that the necessity for applying for a change in the discription of items or introducing any new item at a later stage does not arise. Unless there arc special reasons, the requests for amendment or addition to the list or description of items or value thereof will not be entertained.

Note :—Where an actual user has to import goods through different agents by obtaining letters of autho- rity in favour of such agents, the application for licence should be accompanied by separate liscs of goods to be imported through each agent. In such cases the actual user can also make separte applications for licences in respect of goods to be imported by him through different agents.

(8) While applying for licences, the applicant should follow the instructions as stated in sub-para (5) of paragraph 70 in this chapter, wherever appli- cable.

(9) Registration of non-D.G.T.D. and non-SSI Units.—(a) It has been decided that the scheduled industries not borne on the books of the D.G.T.D. and non-scheduled industries other than small scale, should get themselves registered with their respective sponsoring authorities.

(b) A form of appliaction for registration is given in Appendix 16- The sponsoring authority may also call for any additional information from the applicant for considering his application for registration.

(c) The Registration Number allotted to the unit bv the sponsoring authority should be quoted in the application.

sponsoring authority to the applicant along with other deficiencies in the acknowledgemcnt-cw/H-deliiciency letter sent to the applicant. The applicant will be given specific time limit within which to make up the deficiences.

(2) Recommendation by sponsoring authority.— (a) In cases where applications for licences are re- quired to be made through the sponsoring authorities, the sponsoring authority will prepare four copies of his recommendation for licence in each case in Part III of the application form. Of these four copies, one copy will be sent by him to the applicant, one will be retained in his own office and two copies will be sent by him to the licensing authority concerned along with one copy of the application and the treasury challan furnished by the party. The lists of items will also be sent by the sponsoring authority duly attested by him. In his recommendation for the licence, the sponsoring authority will indicate a separate value for (i) raw materials and components, and (ii) spares.

(b) The recommendation of the sponsoring autho- rity should indicate the date on which the application was received in the office of the sponsoring authority.

(3) Scrutiny by licensing authority.—On receipt of the application; the licensing authority will check up the I.V.C. No., the treasury challan and other pro- cedural points, as required in terms of the Import Trade Control rules and regulations. The deficiencies, if any, found therein will be communicated to the applicant giving him a specified time limit within which to make up the deficiencies. In the case of applications found to be inorder, the licensing autho- rity will proceed to consider the case on merits on the basis of the certified requirements having regard to the following :—

(i) availability of foreign exchange or other

monetary ceilings;

(ii) the stock held and expected arrivals against the licences in hand as on the date of appli- cation for licence;

(iii) the quantity of goods or its substitutes likely to be made available through indigenous sources or other commercial channels;

(iv) past imports/past consumption of the item Processing of application and basis of licensing 77. (1) Scrutiny by sponsoring authority.—In

cases where applications for licences are required to be made through the sponsoring authorities, the sponsor- ing authority will send to the applicant an acknowledg- ment of the application, also indicating therein the deficiencies in the application. For the purpose of locating deficiencies in the application, the sponsoring authority will also check up the I.V.C. No. and the treasury chalan furnished by the applicant showing the payment of application fee. In regard to the I.V.C. number, the sponsoring authorities will check up whether the number quoted by the applicant is valid for the licensing period to which the application pertains. In the case of treasury challan the sponsor- ing authority will see whether the applicant has paid the correct amount due from him on trie value applied for. The deficiencies in the I.V.C. number and the treasury challen will also be communicated by the in question by the applicant;

(v) the actual production during the proceeding

period and the estimated production;

(vi) any fall in production on account of circum- stances such as breakdown of machinery, labour relations, want of funds, etc;

fvii) policy in respect of items sought to be im-

ported;

fviii) importance of the user industry to the

national economy.

(ix) needs of export production; and

(x) value of licences/release orders issued for

the previous DO^PCKS).

(xi) other factors considered relevant and neces-

sary in terms of the policy in force.

(4) Consolidated licences.—Import licences issued for raw materials components and spares will be conso- lidated licences, except that in the following types of cases, separate licences will be issued.—

(a) where the goods are sought to be imported by the actual user through different agents on the basis of letters of authority;

(b) where the mode of payment different, such as free foreign exchange, foreign credits, rupee, etc; and

(c) where the goods arc to be imported through

different ports.

(d) licences for import of Spare parts.

(5) Intimation to sponsoring authorities.—In all cases, the licensing authorities will send intimation to the sponsoring authorities concerned regarding the grant or refusal of import licences to individual units. The letters endorsed to the sponsoring authorities in this regard will also indicate the name of the end- product. In the case of I.D.A. industries, a separate intimation of the licence issued will be endorsed to the Iron and Steel Control Licensing Division/authority concerned where application are made direct to the licensing authority, a copy of the application will also be sent by the licensing authority to the sponsoring authority concerned while sending intimation about the grant of licences/release orders.

(6) Restrictions on remittances/utilisation of licen- ces.—The licensing authority may impose on a licence of raw materials, components and spares, such condi- tions or restrictions as it may consider necessary, regard- ing utilisation of remittances.

irrespective of the number of persons employed. Capi- tal investment for the purpose of this definition will mean investment in plant and machinery only. When calculating the value of plant and machinery, the origi- nal price paid by the owner, irrespective of whether the plant and machinery are new for second-hand, will be taken into account.

(2) Ancillary units.—In the case of ancillary units engaged in industries listed in Appendix 17, the capital investment limit of Rs. 7.50 lakhs referred to in sub para (1) of this paragraph has been relaxed and raised up to Rs. 10 lakhs. Therefore, such units having fixed assets up to Rs. 10 lakhs instead of Rs. 7.50 lakhs, will also be covered by the definition of small scale industries. Amongst these industries, an ancillary unit will be the unit which produces parts, components, sub- assemblies and tooling for supply against known or anticipated demand of one or more large units manu- facturing/assembling complete products, and which is not subsidiary of or controlled by any large unit in regard to the negotiation of contracts for supply of its goods to any large unit. This shall not, however, preclude an ancillary unit from entering into an agree- ment with a large unit giving it the first option to take the former's output. These units which are set up primarily for the replacement market will also fall with- in the scope of this criteria. Units manfacturing tools, jigs and fixtures will also be recognised as ancillary units.

(3) The procedure for the submission of import applications for raw materials, components and spares, applicable to small scale units, will also apply to such of the non-S.S.I. units as are looked after by State Directors of Industries, State Drugs Controllers, Agri- cultural marketing Adviser to the Government of India, Faridabad, or State Directors of Fisheries. The flat rate of application fees prescribed for small scale units will not, however, apply to such units.

Procedure for submission of applications for raw

materials, components and spare parts

(7) Amendment.—Requests for amendments in the value or the items permitted in the licence should also be made to the licensing authority concerned through the appropriate sponsoring authority. However, requests for amendments of minor nature, i.e., those not invol- ving change in the value or items will be entertained direct by the licensing authority. In cases where, import applications are to be made direct to the licens- ing authority, the value of licences/release orders to be issued may also be determined by the licensing authority having regard to these factors and the provi- sions made in the relevant import policy (Red Book- Vol. I ).

(8) Revalidatlon.—-The procedure for making appli- cations for rcvalidation of licences is given in Chapter XI of this book.

79. ( I) Licensing authorities.— The licensing authority concerned in the case of small scale industrial units will be the regional licensing authority in whose territorial juridiction the factory of the actual user is located irrespective of the fact whether the licensing in respect of any item applied for is centralised with any particular licensing authority. The licences for Import from rupee payment area to the small scale unit will also be issued by the regional licensing authority con- cerned. However, in the case of powerlooms m the small scale sector, the licensing authority will be the Joint Chief Controller of Imports and Exports, Bombay.

SMALL SCALE INDUSTRIES

78. Definition of small scale industries.—(1) Small scale industries will include all industrial units with a capital investment of not more than Rs. 7.50 lakhs (2) Sponsoring authorities. —The sponsoring authority in the case of small scale industrial units is the respective State Director of Industries, except that in the case the of following industries in the smalt scale sector, the sponsoring authorities will be ns indicated neainst each :—

Industry

Sponsoring Authority

(i) Textile engineering industry, and power- looms and readymade garments (other than hosiery)

(ii) (Hi) (iv)

(v) (vi)

(vii)

(viii)

Handloom industry. Fisheries industry. Fruits and vegetable preservation industry, including cold storages. Coffee industry. Jute and rope industry (using sisal or ma- nila), excluding laminated Jute goods, Jute textile engineering industry and wooden Accessory industry for Jute Mills. Pharmaceutical industry and cosmetics in-, eluding tooth powder industry. Coif industry (including rubberised coir products).

(3) Form of explication.—The prescribed form ot

application for licence for import of raw materials, components and spare parts, to be used by small scale units, is Form 'B' as given in this book. Actual users applying for Iron and Steel items and ferro-alloys should also use form "B". This is an applicatlon-cum-recom- mendation form, having three parts. Parts I & II are to be filled in by the applicant, Part Til will contain the recommendation of the sponsoring authority, and it will be filled in by the sponsoring authority in cases where applications for import licences are required to be made through such authorities.

(4) Applications for licences should be sumittcd in the prescribed form. Only one copy of the appli- cation should be submitted, except that, in cases where an application is required to be made through the spon- soring; authority, it should be sent in duplicate. The applicants should give, in their import applications, full details of the goods applied for, their I.T.C. classi- fication, the value/quantity in respect of each Item and the end use for which the goods are required. The application should be accompanied by the following:—

(i) Treasurv chailan/receipt of Rs. 50 towards application fees, irrespective of the value of goods applied for.

Textile Commissioner, Bombay.

State Director of Handlooms. State Director of Fisheries. Agricultural Marketing Adviser to the Government

of India, Faridabad.

Chairman, Coffee Board, Bangalore. Jute Commissioner, Calcutta.

State Drugs Control authorities, as given in Appen-

dix 18 to this book.

Chairman, Coir Board, JErnakulam.

respect of raw materials and components, required for the particular end-product (including related end- products) to which the application pertains, but exclud- ing iron and steel items and ferro-alloys. In the case of IDA industries the consolidated application should also include iron and steel items and ferro- alloys. Separate applications should be made for spare parts including spare parts of machine tools. The applicants should make applications after careful consi- deration so that the necessity for applying for a change in the description of items or introducing any new items at a later stage does not arise. Unless there are special reasons, the request for an amendment or addi- tion to the list or description of items or value thereof, will not be entertained.

Note.—Where an actual user has to import goods through different agents by obtaining letters of authority issued in favour of such agents, the application for licences should be ac- compained by separate lists of goods to be imported through each agent. In such cases an actual user can also make separate appli- cations for licences in respect of goods to be imported by him through different agents.

S.S.I. Units (existing units)

(ii) Required number of copies of the list of items sought to be imported as indicated in sub-paragraph 70(2) (b). The existing units applying direct to the licensing authori- ties should send one extra copy of the list of poods sought to be imported, which will be forwarded by the licensing authority to the sponsoring authority while sending inti- mation about the grant of the licence.

(iii) Any other documents /information consi- dered necessary or required in terms of the provisions of this book; or the relevant Imnort Trade Control Policy Book; or any Public Notice/Trade notice, issued in this regard.

(5) Consolidated applications.—An actual ^ user in the small scale sector should make a consolidated application covering the requirements of the unit in (6) The existing units in the small scale sector, whether engaged in select industries or other industries should make their import applications separately lor (i) raw materials and components, and (ii) spare parts. The applications should be made on annual basis to the regional licensing authorities concerned direct and not through the sponsoring authorities.

(7) The application for raw materials and compo- nents should be accompanied by a statement of con- sumption etc. in the prescribed proforma given in appendix 14 to this book, indicating consumption of imported raw materials and components during the previous vear ;ind other documents or information as may be necessary under the relevant import policy qiven in Red Book (Vol. I). The statement of con- sumption etc. to be furnished should be certified by a

Chartered Accountant or Cost Accountant in practice or State Director of Industries/sponsoring authority concerned. It will be open to the licensing authority to ask for the verification and confirmation of the information furnished in the statement of consumption etc., by the sponsoring authority concerned in cases where such verification of Lhe sponsoring authority is considered necessary and the statement is not already certified by the said authority.

(8) Application for import of spare parts should be accompanied by particulars of machinery installed or used as laid down in para 74 above. No list of spare parts need be furnished with the application. The licence will be valid for import of spare parts in the manner as laid down in the relevant import policy (Red Book Vol. I).

(9) It may be clarified that :— (a) All SSI units (existing units) have to apply separately for (i) raw material/components and (ii) spare parts on an annual basis, direct to the licensing authority concerned.

(b) Application for raw material and components in all these cases should be supported by a statement of consumption etc, as laid down.

(c) Units engaged in select industries have not to make a separate application for supplementary licence. Tn their case, the licensing authority will consider their claim for "Automatic" and "Supplementary" licence in the same application.

(d) Applications should be made within the last date prescribed and in the manner laid down in the relevant import policy (Red Book-Vol. T).

(2) In cases where import applications are requi- red to be made through the sponsoring authorities, the sponsoring authority will prepare four copies of his recommendation in each case in Part III of the appli- cation. Of these four copies, one copy will be sent by him to the aplicant, one will be retained in his own office; and two copies will be sent to the licensing authority along with one copy of the application and the treasury challan furnished by the party. In his recommendation for the licence the sponsoring autho- rity will indicate a separate value for raw materials and components and a separate value for spares. Wherever necessary in terms of the import policy in force, the application will be forwarded by the spon- soring authority through the Development Commis- sioner, S.S.I., New Delhi.

(3 In respect of applications for import licences, which are required to be made by the applicant through the sponsoring authorities, the sponsoring authorities will make their recommendations for licen- ces subject to the following :—

(a) The sponsoring authority will not recom- mend import of any items which is not liccnsable to actual users in terms of the relevant import policy.

(b) In the case of items which are permissible in terms of the relevant import policy foi a specified end-product only, the sponsoring authority will ensure that licences are reco- mmended for items permissible for the specified end-product.

Processing of applications and basis of licensing

80. (1) The licensing authorities will consider the applications having regard to the following factors:— (i) recommendation of the sponsoring authority,

wherever necessary;

(ii) recommendation of the Development Com- missioner, Small Scale Industries, whenever necessary;

Oii) availability of foreign exchange or other

monetary ceilings:

Civ) the stocks held and expected arrivals against the licences in hand on the date of appli- cation of the licence;

(v) the quantity of goods or its substitutes likely to be made available through indigenous sources or other commercial channels; (vi) past imports/past consumption of the item

in question by the applicant;

(vii) the intalled capacity, actual production dur- ing the previous period, and estimated pro- duction;

(viii) any fall in production on account of circum- stances such as break-down of machinery, labour relations, want of funds, etc.; (ix) policy in respect of the items sought to be

imported; and

(x) value of licences/release orders issued for the

previous period(s).

(xi) other factors considered necessary and rele- vant in terms of the policy in force.

(c) If, under the relevant import policy m force, the requirements of an applicant unit in respect of any item(s) are to be met through an approved agency such as the State Trad- ing Corporation or the Minerals and Metals Trading Corporation, the sponsoring autho- rity will indicate separately the value recommended for each of such items. For these items direct import licences will not be issued to the applicant unit concerned, and the licensing authority will consider issuing release advice to enable the applicant unit to obtain its requirements through the approved agency.

(d) In case where the sponsoring authority recommends any new item to actual users, it will be his responsibility to see that the c.i.f. price quoted by the applicant in his application is correct. For this purpose the sponsoring authority will either ask the applicant to produce the proforma Invoices or he wffl compare the c.ii. price quoted by the applicant with the price for the same items quoted by other parties.

(4) On receipt of the application, the licensing authority will check up entries hi the application form including the I.V.C. number and the treasury challan. Tf any deficiency is found therein it will be communi- cated by the licensing authority to the applicant giving him a specific time to make up the deficiencies. In the case of applications having no deficiency, the import licence or the rejection letter, as the case may be, will be issued to applicants by the licensing autho- rities.

sing of applications and grant of licences to S.S.I. units, is summarised below :—

(a) Role of the D.C. (S.S.I.) and other control-

ling authorities :

(5) Intimation to sponsoring authorities.—(a) In all cases, intimation about the grant or refusal of the licence will be sent by the licensing authority to the sponsoring authority concerned. For this purpose a copy of the licence forwarding letter with a copy of the list of items allowed, or rejecttion letter, as the case may be, will be endorsed to the sponsoring autho rity concerned. The forwarding letter will also indi- cate the end-product.

" (b) In cases where applications for licences are made through the sponsoring authorities, the licensing authority will also send back to the sponsoring autho- rity one copy of the recommendation for licences indi- cating the action talccn thereon,

(c) In the case of I.D.A. industries, a separate inti- mation of the licence issued will be endorsed to the concerned Iron and Steel Control licensing Division/ authority if the licence includes iron and steel items and ferro-alloys,

(d) The licensing authority will send copies of the consumption statement to the sponsoring and the Central Excise authorities concerned,

(6) Consolidated licences.—Import licences issued for raw materials components and spares will be con- solidated licences; except that in the following types of cases, separate licences will be issued :—'

(a) Where the goods are sought to be imported by an actual user through different agents on the basis of letters of authority;

(b) Where the mode of payment is different, such as free foreign exchange, rupees, etc.; and

(c) Where goods are to be imported through

different ports.

(d) For spare parts separate licences will be

issued.

(7) The State Directors of Industries and other sponsoring authorities will send abstracts of their re- commendations periodically to the D.C, (S.S.T.) or to the controlling authoritv concerned, in a form which will be decided bv the D.C. fS.S.T.) /controlling autho- rity in consultation with the Directors of Industries/ sponsoring authorities. Throuah such abstracts, the D.C.(S.S.I.)/contro11ine authority will undertake ex- post-facto checks of the recommendations made by the Directors of Tndustrjes/sr>onsoring authorities with a view to see whether they have followed the overall import policy and the general directions given to them.

(i) To distribute the ceiling to the States on the basis laid down, in case, it is decided to allocate the ceiling to the sponsoring autho- rities;

(ii) To give general directions to the sponsoring authorities as may be required from time to time;

(iii) To undertake ex-post-jacto check of the recommendations made by the sponsoring authorities with a view to see whether the sponsoring authorities have followed the over- all import policy and the general directions given to them; and

(iv) To co-ordinate the work of licensing to S.S.I, units between the licensing authorities and the sponsoring authorities.

(b) Role of sponsoring authorities :

(i) To recommend applications for grant of licences and forward the same to the licens- ing authority concerned in accordance with the prescribed procedure in cases where the import applications are required to be routed through the sponsoring authorities.

(ii) To ensure compliance with the general direc- tions issued by the D.C.(S.S.I.) or control- ling authority and the policy laid down In the matter of assessment of requirements;

(iii) To devise a policy to govern recommenda- tions in cases other than those covered by (ii) above;

(iv) To obtain clearance from indigenous angle, wherever necessary, before recommending licences;

(v) To ensure that in respect of items available from the S.T.C., etc., the licences are re- commended only after obtaining the neces- sary clearance from the S.T.C., etc.;

(vi) To ensure that recommendations do not ex- ceed the ceiling allotted to the sponsoring authoritv and also to see that a small cushion is kept in reserve for implementing decisions in appeals, in the event of the ceiling being allocated the be sponsoring authorities.

(vii) To send an abstract of the recommendations made to the D.C. (S.S.I.) or controlling authority.

(viii) To undertake ex-post check of the industrial units to see whether the imported material has been properly utilised and to report cases involving misuse of such material or breach of conditions of licences to the licensing authority nnd C.CT. & F.

(c) Role of licensing authorities ;

(8) In the case of industries sponsored bv the State Drugs Controllers, State Directors of Fisheries and State Directors of TTandloom in 1hc small scale sector the functions of the D.C.fS.S.T.) will be performed bv the Drues Controller of Tndia. New Delhi: Fisher- ies Development Adviser to the Government of Tndia, Ministry of Agriculture, New Delhi; and the Textile Commissioner, Bombay, respectively.

Rl. The specific role of the organisations of the D.C.fS.S.T.'), controlling authorities, the snnnsorinc authorities and the licenslni"-authO'ritio

3— 1CC or T & E/75

(i) To issue licences; in cases where licences are to be issued on the basis of the rccom- mendations of the sponsoring authorities to examine whether such recommendations are

in consonance with the policy/procedure in force;

(ii) In the cas^ of rejections, to communicate

reasons thereof to the applicants;

placed firm orders for the import|purchase of requisite machinery, backed by letters of credit|necesary[advance payment etc., the sponsoring authority wil recommend a licence against the second application only after the unit has gone into production or it has installed the requisite machinery.

(iii) To take penal action against the licences or importers for violations of Tmport and Ex- port Control regulations;

(vi) To watch the utilisation of ceiling, if any

NEW UNITS (Both in the large and the small scale sectors)

(4) In order to discourage new industries for the manufacture of items for which adequate capacity exists in the country, and to ensure rational growth, the sponsoring authority will not recommend a licenc' or an application from a new unit for the import or materials required for the manufacture of an end- product, which is banned in terms of the policy in force, from time to time.

(5) Units registered with the D.G.T.D./sponsoring authority concerned under the liberal licensing pro- cedures (whether for a new unit or for an expansion scherrfe involving investment of less than rupees one crore), should submit separate applications for im- port licences through the D.G.T.D./sponsoring autho- rity concerned for the production programme for which they have been registered.

82. (1) Definition.—New units are those to which no import licences for raw materials, components and spares have, been issued for the licensing periods April 1973—March 1974 and April 1974—March 1975 and which have cither gone into production or got the requisite machinery installed. If an unit had obtained an allotment of imported raw materials or components through the S.T.C. or MM.T.C. or any other recognised agency, or it had obtained import licences for raw materials and components under the import policy for Registered Exporters, for any of the two licensing periods referred to, it will be treated as an existing unit.

(6) The recommendations of the sponsoring autho- rity should indicate the date on which the application was received in the office of the sponsoring autho- rity.

(7) The sponsoring authority will not recommend a licence in favour of a new unit in the small scale sector before such unit has been duly registered with the State Director of Industries.

Registration of small scale industries

(2) If an industrial unit has not received import licence, for raw materials, components and spare, or allotments of imported raw materials/components as an actual user ,or under the mport policy for Registered Exporters, for the licensing period April 1973_March 1974 and April 1974—March 1975, for any valid reasons to the satisfaction of the licensing authority, such unit may be treated as an existing unit by the licensing authority on the recommendation of the sponsoring authority concerned, provided it has been in continuous production. In such cases, the value of licences to be issued will be determined, by the licensine authority on the basis of the recom-" mendation of the sponsoring authority, having regard to the import policy in force and other relevant con- siderations.

83. (1) A scheme for the registration of small scale industries was introduced in the year 1960. Under the scheme, all the small scale industries con- suming imported raw materials and components, non- ferrous metals and steel items, were required to get themselves registered with the respective State Direc- tors of Industries, by the 31st March, 1961.

(2) The registration number allotted to the small scale industrial units under the scheme, is required to be quoted by them in their applications for import licences, or for allotment of non-ferrous metals, steel and other materials. In the absence of the registrar tion number, the application is liable to be sum- marily rejected.

(3)The State Directors of Industries should send to the regional licensing authority concerned, a copy of the registration certificate issued to a small scale unit. Also, intimations in regard to the cancellation of S.S.I, registration numbers, or of any amendments therein, should simultaneously be intimated by the State Directors of Tnustries to the licensing authorities concerned.

(3) New Units—(a) New units, both in the large and small scale sectors, should make consolidated ap- plication for the particular end product (including related and products) to which the application per- tains, for import of raw materials, components and spares in the first licensing period on half-yearly basi?, through the sponsoring authority concerned. The first application should be made during the first half of the licensing period, and the second application should be made in the later half of the licensing period with- in the last date prescribed for submission of applica- tions in the relevant import policy (Red Book-Vol-I) Both the applications should be made through the SDonsoring authority concerned. Tn the subsequent licensing periods, such units will have to apply fbr import of raw mateirals, components and spares, in the same manner as laid down for existing units under the relevant import policy in force,

(b)In the case of nroposed units, i.e., those which'

(4) If at the time of registration, the unit has no {installed machinery, or is not in production, the regis- tration certificate will bear an endorsement "Not in production". The endorsement will be deleted by . the registering authority on production of evidence have made firm arrangement for machinery and pre- mises and power simply where necessary and which, have also reasonable financial arrangement and have to show that the unit has gone into production.

(5) Units transferred from the list of D.G.T.D. units to the small scale sector should get themselves registered with the respective State Direcors of In- dustries.

6. It will be open to the licensing authority not to accept the existing registration certificates in cases where it is considered necessary that the unit should obtain a fresh registration from the State Director of Industries.

Flexibility allowed to actual users

84. (1) With a view to providing flexibility to the industry in the use of foreign exchange released to it, the holders of actual user licences for raw mate- rials/components/spare parts, may, in their discretion, utilise their licences in the manner indicated below, without obtaining any specific endorsement to this effect from the licensing authorities :—

(a) The licensee may import any Hem(s) cov- ered by his licence, without any limit of quantity or value, provided the total import does not exceed the overall face value of the licence. However, if in respect of any item(s) covered by his licence, a face value restriction, or value limit, or quantity limit, has been indicated in the licence or made applicable, the licensee can Import such itcm(s) more in value or quantity, as the case may be, not exceeding 10 per cent of the specified value limit, or quantity limit, or face value restriction, provided the total does not exceed the overall face value of the licence. This facility will also be available in the case of licences issued for a single item which has both quantity and value as limiting factors, provided the im- port does not exceed the overall value of the licence.

(b) The licensee may import permissible spare parts, small tools, and precision and mea- suring tools, including spare parts of machine tools, against his licence for raw materials/ components, to the extent of 10 per cent of the face value of the licence within the overall value of the licence. For this pur- pose, permissible spare parts/small tools precision and measuring tools, have been denned as under;

(i) The permissible spare parts are those which are required for the plant, ma- chinery and equipment, installed or used in the licence holder's factory in- cluding spare parts of ancillary equip- ments, control and laboratory instru- ments and safety appliances, but spare parts which are banned in terms of the relevant import policy, for actual users, will not be allowed to be Import- ed;

(ii) The permissible small tools are those which are classified under SI. No. 20 of Part II of the ITC Schedule and are required for use in the licence holder's factory for which the actual user licence, in question, has been issued. Import of items specified in Appendix 15 to the relevant import Trade Control Policy (Red Book-Vol. I) will not be allowed- In respect of items allowed to actual users on a restricted basis, import will be permit- ted up to the percentage restrictions/ value limit indicated against the item concerned in Appendix 74 to the ra- levant Import Trade Control Policy (Red Book—Vol. I).

(iii) The permissible precision and measur- ing tools are those which are classified under SI. No. 21 of Part II of the I.T.C. Schedule and are permissible to actual users in terms of the relevant Import Trade Control Policy (Red Book—Vol. I) and which are required for use in the licence holder's factoiy for which the actual user licence, in question, has been issued. In respect of items allowed to actual users on a restricted basis, import will be permit- ted up to the percentage restriction/ value limit indicated against the item concerned in Appendix 74 to the rele- vant Import Trade Control Policy (Red Book—Vol. I).

(iv) The permissible spare parts of machine tools are those which are required for the machine tools installed or used in the licence holder's factory excluding machine tool accessories appearing in item No. 69 of Apendix 3 to the rele- vant Import Trade Control Policy (Red Book —Vol.1).

(c) Within the 10 per cent of the total value indicated in (b) above, the. licensee may utilise up to 5 per cent of the total value of the licence, for the import of even the spares which are banned under the relevant Import Trade Control Policy (Red Book—Vol. I), provided these are required by the licensee for the plant, machinery and equipment, installed or used in his factory including spare parts of ancillary equipments, control and laboratory instruments and safety appli- ances and the import of a single item does not exceed Rs. 50,000/- in value.

(d) The licensee may import processing aids and chemicals for research and laboratory tests against his licence for raw materials/com- ponents to the extent of 5 per cent of the face value of the licence or Rs. 5,000/-, whichever is less, within the overall value of the licence provided the import of a sin- gle item does not exceed Rs. 250/- in value.

(2) The provisions of sub-para. (1) of this para, will not apply to licences issued for import of machi- nery/machine tools. These provisions will apply

to the import licences issued on or after 1-4-1975. For the earlier licences, the provisions made in para- graph 84 of the relevant Import Trade Contrpl Hand Book of Rules and Procedure, as amended, will be applicable.

(3) For the purpose of application of the provi- sions of sub-para- (1) of this para, the following points are clarified :—

(i) These provisions will also apply to import licences issued to actual users under the im- port policy for Registered Exporters.

(ii) These provisions will also be applicable to licences for import of newsprint and art paper issued to actual users.

(iii) These provisons will also apply to licences issued to the State Trading Corporation or other similar agencies, for the import of raw materials/components, to meet the re- quirements of an actual user, for which a letter of authority has been issued to the concerned actual user.

(iv) Where a licence holder imports goods against a licence under these provisions in more than one consignment/shipment, he shall declare before the customs authorities at the time of clearance of the second and subsequent consignment that he has not ex- exceed the overall value limit of Rs. 50,000/- flxed for import of individual item of res- tricted spare parts in terms of sub-paras l(c) of this paragraph, and

(v) The relevant policy for the purpose of deter- mining whether an item is permissible or not, for awaiting of these provisions, will be the policy n force at the time of shipment. This restriction will not, how- ever, anply in cases where the order on the foreign supplier was placed and ir- revocable letter of credit opened before the change in policy, provided shipment takes place within 90 days of the date of chance in policy.

(4) The provisions of this paragraph will also be applicable to licences issued to actual users for Tron and Steel items and ferro-alloys.

(5) The provisions of this paragraph will not be applicable to import licences issued under the Na- tional Defence Remittance scheme.

Conversion of nctua! user licences for raw materials, spares and non-ferrous metals for Importing steel and

vice versa

85. (1) With a view to providing greater flexibility to actual users (scheduled and non-scheduled indus- tries including small scale) in ihs utilisation of foreign exchange, the holders of actual user licences for raw materials, components, spares, non-ferrous metals and steel issued against free foreign exchange (Gene- ral Currency Area^ or for import from Rupee Pay- ment Area, may, in their discretion, utilise their licences in the manner indicated below ;—

(i) The licensee may import steel against his import licence for raw materials, components, spares and non-ferrous metals, within the face value of the licence, provided that the item to be imported is that for which the licensee holds a valid actual user import licence at the time of shipment of the goods subject to the following further condi- tions :—

(a) The item to be imported is not banned •

or canalised whether partially or fully in terms of the import policy in force at the time of shipment;

(b) The item to be imported is not subject to any value or quantitative restrictions, in terms of the import policy in force at the time of shipment; and

(c) The import of stainless steel in any form including sheets/plates/strips/ circles, of any specifications and the import of items licensable under the import policy inforce subject to pro- duction of nonavailability certificates from indigenous producers, whether for the whole or part requirements, will not be permitted under this facility.

(ii) The licensee may import any item of raw materials, componentsr spares and non- ferrous metals against his licence for steel, within the face value of the licence, provi- ded that the item to be imported is that for which the licensee holds a valid actual user import licence at the time of shipment of the goods subject to the following further conditions :—-

(a) The item to be imported is not banned or canalised whether partially or fully in terms of the import ploicy in force at the time, of

shipment;

(b) The item to be imported is not subject to any value or quantitative restriction, in terms of the import policy in force at the time of

shipment; and

(c) The import of milk powder, man-made fibre and yarn (cellulose and non-cellulose), poly thylene, P.V.C. resins, cellulose acetate bury rate moulding powder and Plasticisers, will not be permitted under this facility.

(2) Import licences issued to actual users against free foreign exchange (General Currency Area) or for Rupee Payment Area, for the import of raw materials, spares, components, non-ferrous metals and steel will automatically be valid for utilisation in the manner indicated in sub para (!) of this paragraph. It will not be necessary for the licensee to obtain a speci fie endorsement from the licensing authority for this purpose. At the time of clearance, the licensee will be required to produce to the Customs authorities the necessary evidence to enable them to allow import of items permissible in terms of subpara, (1) of this paragraph.

Imports through Public Sector Agencies and eligible

Exports Houses

(3) The import licences for steel items issued by the Import Trade Control authorities will also be treated as licences lor steel items for the purpose of the provisions made in this paragraph.

(4) Import licences issued to actuajusers under the import policy for Registered Exporters can also be utilised in terms of the provisions of this paragraph. It is, however, clarified that the terms "valid actual user import licence" used in subparal(i) and l(ii) of this paragraph docs not include a licence, issued under the import policy for Registered Exporters, and licences issued under National Defence Remittances scheme.

(5) The provisions made in this paragraph will not apply to import licences for 'emergency' spares issued to actual users; and also to import licences for spare parts issued to the actual users engaged in the priority industries.

(6) The provisions made in this paragraph will also not apply to the liences issued under the National Defence Remittance scheme.

(7) These provisions will apply to import licences issued on or after J-4-1970. For earlier licences, the provisions made hi paragraph 85 of the Import Trade Control Hand Book Rules and Procedure 1969, as amended, will be applicable.

(8) The restrictions contained in sub paras 85(1) (I) (a) and (b) and 85fl)(ii)(a) (b) wil not apply in cases where the order on the foreign supplier was placed and irrevocable letter of- credit opened before the change in policy, provided shipment takes place within 90 days of the date of change in policy. 87,(1) It will be open to an actual user not to apply for a direct import licence in his favour for import of raw materials/components, but to approach the State Trading Corporation, the Minerals and Metals Trading Corporation State Small Industries Corporation or any other srniiar public sector agency, or a recognised eligible export house holding a cer- tificate of eligibility issued by the Chief Controller of Imports and Export, for importing the goods pro- vided that such an agency is willing to undertake the import. The import requirements of such actual users will be pooled and imports will be arranged hi bulk through the agency concerned.

(2) In cases covered by sub-para. (1), the appli- cation for the grant of an import licence should be made by the agency concerned, to the regional licens- ing authority concerned. Such application should be made in the form prescribed for established importers (I.e. From~'A'), as given in Appendix 3. The words "Established Importers" at the top of the application from should, however, be struck off and replaced by the words "Importing Agency" in red ink, and clause 7 of the form should also be deleted. The agency concerned can make a consolidated application, cover- ing the requirements of more than one unit. The ap- plication should be accompanied by—

(i) Application in Form 'B' (given in Appen- dix 3), duly filled in and signed by each of the actual user concerned without treasury challans towards application fee;

(ii) A statement indicating particulars of the unit concerned, namely, name and address of the unit, the end product, the value applied for in each case, and the aggregato value.

Limiting Factor

86. (1) Import licences for raw materials/ components/spares issued to actual users, including those issued under the import policy for Registered Exporters, will have 'value* as limiting factor. But this will be subject to the provisions made in para- graph 84 above.

(2) Import licences issued to actual users for im- port of capital goods, machinery and equipment will be subject to both quantity and value as limiting factor. The concessions regarding flexibility, as provided in paragraphs 84 and 85 above, will not be available for such licences; and it will not be open to the licensee to import any item in excess of the quantity limit or value limit specified for that item in the licence, even if the excess import is within the overall value of the licence. If a licensee requires to import any item covered by his licence for a quantity exceeding the limit indicated for that item in the licence, within the overall face value of the licence, he may approach the licensing authority concerned through the sponsoring authority for suitable amendment in the quantity limit already indicated in the licence. In' such cases the licensee should also give reasons in support of his request, which will be considered by the licensing authority on merits.

(iii) Treasury challan showing the payment of application fee. The amount of application fee to bo paid should be calculated on the aggregate value applied for in accordance with the prescribed scale of fees, and not in relation to the requirements of each actual user separately.

(iv) Supporting documents laid down for actual user applications in terms of the relevant import policy.

(v) Five copies of the consolidated list of goods sought to be improted by the agency on behalf of the actual users concerned. In the list of items, separate value limit should be indicated against each item the import of which is canalised through a public sector agency, within the overall value applied for. For such items release orders will be issued on the canalising agency.

(vi) Any other document that may be considered

necessary.

(3) Consolidated import licence(s) release order(s)

will be issued in such cases to the importing agency concerned according to available sources of financing. The value of the consolidated licence release order to

be isued will be equal to the aggregate value of all the licences/release orders, which could have been issued to the individual actual users, had they applied separately. Such licences/release orders will be subject lo the condition, inter-alia, that the imported- goods shall be distributed by the licensee to the actual users those particulars are shown in the relevant import ipplication(s), for use in their respective factories.

(4) The provisions made in this paragraph will not apply to new units and to the applications made by actual users under the import policy for Registered Exporters.

V5) Actual Users on whose behalf import licences have been issued to the importing agencies under these provisions can apply for their subsequent licences as admissible under the policy in force, whether direct or through an import agency. In such cases the eligibility of the actual user to the subsequent licences will be determined by the licensing authority in terms of the relevant import policy without having regard to the extent to which the previous licence has been utilised by the importing agency.

(6) These agencies can also import goods on behalf of actual users, against the licences for raw materials, components, and spares issued to actual users. It will not be necessary for the licence holders to obtain a letter of authority for this purpose in favour of the importing agency, as provided in Chapter XIII of this book.

(7) Actual users holding valid import licences for raw materials can also obtain supplies 'off-the-shelf from the STC/MMTC against such licences in accordance with the procedure laid down in this regard under the relevant import policy. To the extent the goods are supplied by these agencies, the licences, in question, will not be valid for direct import by the licence holders-

Co-opsrative Societies Engaged in Industrial Production

88. (1) For the purpose of these provisions, a co- operative society will mean any co-operative society registered under the Co-operative Societies Act, appli- cable to the State where the society is situated and includes co-operative societies undertaking production or service activities.

(2) A co-operative society may either be engaged in providing 'services' to its members who undertake production on their own account; or it may itself be engaged in industrial production.

(3) Co-operative societies undertaking services on behalf of their members who are engaged in production on their own account.—(a) A co-operative society can apply for import of raw materials, components and spares on behalf of its member units engaged in industrial production in their respective factories/ workshops. The procedure for submission of appli- cation will be the same as applicable to other actual users.

(b) The import application should be supported by a statement indicating t]u particulars of each member unit of the society (including the SSI Registration Number of the member unit) and tho import require- ments of each unit in respect of a particular end- product. It should also be supported by an under- taking on a plain paper from each member unit of the society to the effect that the imported goods supplied to it shall be used by it in its factory/ workshop; and no portion thereof shall be sold to or permitted to be utilised by any other party.

(c) In cases where import applications are required to be made through the sponsoring authorities, the State registrar of Co-operative Societies will act as the sponsoring authority, if he is in-charge of the development of the society; and the applications in such cases can be made through him. This will, however, be subject to the overall procedure formulat- ed by the State Government concerned for sponsoring application. Alternatively, such, applications can also be sponscred by the State Director of Industries.

(d) The application should be supported by a treasury challan towards application fee. The amount of application fee to be paid should be calculated on the total value applied for, in accordance with the prescribed scale of fees, and not in relation to the requirements of each member unit separately.

(e) The applicant society will be required to furnish valid LV-C. Registration/Exemption number in its own name. But import licences will be issued for one year in anticipation of the production of such number. It will not be necessary for the society to furnish I.V.C. number pertaning to its individual members.

(f) While considering the application the licensing authority will calculate the entitlement of each member unit of the society separately; and the value of the licence, to be issued to the society will be equal to the aggregate value of the licence, which could have been issued to the individual member units, had they applied separately.

(g) Import licences issued in such cases will be subject to the condition, inter alia, that the goods imported under the licence shall be distributed by the licensee society to its members, whose names and addresses have been shown in the relevant import application, and such goods shall be used hi the factories of the members concerned, for the purpose for which import has been allowed, and no portion thereof shall be sold to or permitted to be utilised by any other party. The member unit shall maintain proper account of consumption of imported materials in the prescribed manner.

(4) Societies engaged in production.—(a) A co- operative society may undertake production in its own workshop, or in the workshop of its individual membsrs but on its own account, or by providing only the common facility workshop to be used by its members for certain jobs, while the remaining acti- vities are carried out by the members in their own workshops on their account.

(b) In all these cases, a co-operative society can apply for an import licence for raw material, compo- nents and spares in its own name; and the porvisios made in sub paragraph (3) above will apply in these

cases with suitable changes in the condition to be im- posed on the licence regarding utilisation of the import- ed material. In such cases, the licence will be subject to the condition that the imported materials shall be used by he licensee society in its own factory/workshop or disributed for use in the factories/workshops of its members indicated in the relevant import application, for the purpose for which the hnport has been allowed and no portion thereof shall be sold to or permitted be utilised by any other party. The member unit shall maintain proper account of consumption of the supported material in the prescribed manner.

(c) In cases where a co-operative society under- takes production on its own account whether in its own workshop or in the workshops of its individual members it will not necessary for the applicant society to produce SSI Registration Numbers in respect of its individual members.

(d) While considering the application, the liccnsng authority will calculate the entitlement of the applicant society in respect of production/common services undertaken by the society on its own account only.

Conditions of actual user licences

89. (1) Import licences issued to actual users, in- cluding those issued under the hnport policy for registered exporters, will be subject to the following condtion inter-alia :—

"The licence is issued subject to the condition that all items of goods imported under it, shall be used ionly in the licence holder's factory at the . address shown in the application against which the licence is issued; and for the purpose for which the licence is issued; or may be processed in the factory of another manufacturing unit, but no portion thereof shall be sold to any other party or utilized or permitted to be used in any oher manner. The goods so processed in another factory shall, however, be utilised in the manufacturing processes undertaken by the licensee. The licensee shall maintain a proper account of consumption and utilization of the goods imported against the licence in the pres- cribed manner and produce such account to the licensing authority, sponsoring authority or any other authority concerned, within such time as may be specified by such authority."

(2) The above condition will be in addition to any other conditions imposed or deemed to have been imposed, on a licence under Clause 5 of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended.

(3) Actual Users to whom the licence delivers the imported material for such intermediate processing is not allowed to include the value/quantity of such imported materials in his statement of consumption of imported materials while claiming entitlement for raw materials and components as an actual used under the import policy for Actual Users.

in the course of a month's period, will also be consi- dered from actual users of all categories as and when received. This facility will also apply to applications for emrgency spare parts for machine tools. Such applications will be dealt with hi terms of the relevant import policy in force.

(2) Applications for the import of emergency spare parts should be made to the licensing authorities con- cerned, except that:—

(a) Units engaged in the industries referred to in sub-para 76(6) above should apply for import of emergency spare parts to the regio- nal licensing authority in whose- jurisdiction they are situated; and

(b) Units brone on the books of the DGTD can also apply to the regional licensing authority in whose jurisdiction the factory oi the unit is situated. Such units should, therefore, with each application for import of emergency spares, furnish a declaration indicating the C1.F. value of such licences already obtained by the unit for the same licensing period and the value of applica- tions for such licences for the same licens- ing period pending with the licensing autho- rities.

(3) Import application for emergency spares should be made in the simplified application form pres- cribed for this purpose (lorm \L'), appearing in Appendix—3.

(4) Application for the import of emergency spares need not be routed though the sponsoring authorities for its recommendation or indigenous clearance.

(5) The applicants should indicate in their import applications, the country from which the original equipment was imported as also the country trom which the spare parts are sought to be imported. The application should be boldy stamped on top in red ink as "Application for Emergency Spares". The envelope should also be similarly stamped. There is no last date for submission of such applications during a licensing period.

(6) The maximum value limit upto which import licences under this provision may be issued to a unit in the course of a licensing period, will be as under:-

(a) Rs. 25,000/- in the case of large scale units borne on the books of the D.G.T.D., Tex- tile Commissioner or Jute Commissioner and other Non-SSI Units having a capital in- vestment of more than Rs. 7.50 lakhs.

(b) Rs. 10,00

In each application, the applicant should indicate the value of emergency licences already obtained by him during the same licensing period.

(7) It will be necessary for an applicant to furnish the list of spares sought to be imported indicating the c.i.f. value of each item.

Grant of emergency licences for spares

90. (1) Applications for the grant of licences for import of emergency spare parts I.e. spare parts requi- red on an immediate basis, to overcome an emergency breakdown of production machinery including the breakdown which is unavoidable for technical reasons (8) The provisions of this paragraph will also apply to the import of emergency spares, required by publi- shers of books, newspapers and periodicals, Quality Prinlers as dJined in Appendix: 9 of Red Book (Vol- 1) and film studios.

Issue of import licences to actual users for back

periods.

91. (1) Where aa application for an import licence from an actual user is not disposed of during the licensing period concerned, on account of any delay or lacnes on the part of the applicant, no licence against such application will be issued after the expiry of the licensing period or after the close of the mone- tary ceiling. However, if the delay in the disposal of the application is on the part of the licensing authority or spqnsormg authority or any other Government Department, the application will be considered on merits in suitable cases.

(2) While dealing with an import application for a back period in appeal or otherwise, the authorities concerned will consider such an application having regard to the general principles laid down, that is, availability of monetary ceiling, availability of goods applied for from indigenous sources or other com- mercial channels, essentiality of the goods applied for, stocks held by the applicant and expected arrivals against licences in hand; past imports and consump- tion of item(s) in question actual production during the preceding period, estimated production, the import policy inforce and other factors considered relevant and necessary, A licence against a back period application, if issued, will be for such of the admissible items as are licensable to actual users in terms of the policy in force at the time of the issue of the licence.

(3) In cases where the applications for licences are not disposed of during the licensing period concerned or before the close of the monetary ceiling on account of delay on the part of the sponsoring authority or the licensing authority or any other Government Department, and import licences to the category of importers to which die applicant belongs were issued in the relevant licensing period subject to any fixed foreign exchange ceiling, the value of a licence issued in such a case will bo treated as first charge on the monetary ceiling to be allocated for the next licensing period; and the necessary intimation in this regard will be given to the sponsoring outhority.

(2) Similarly, where any imported goods are allot- ted to an actual user through the State Trading Cor- poration ol India or any other recognised agency for use in the actual user's factory, it will not be open to the actual user concerned to divert such goods to other channels/uses or to allow any other party to utilise the said goods. If any actual user is found to have misused the goods so allotted to him no further assistance will be given to him or any allotment made to him in future, without prejudice to any other action which may be taken against him under the Imports and Exports (Control) Act, 1947 and the Order made thereunder.

(3) Licensees to maintain account of consump- tion.—(a) The actual user should maintain a proper aecouni of the consumption and utilisation of the imported goods in the prescribed proforma as given in Appendix iy to this Book. In the event of his failure to maintain proper account in this manner in respect of any goods imported against actual user licences or allotted to the actual users from the State Trading Corporation of India etc., the applications for issue of further licences or allotments will be liable to rejection without prejudice to any either action that may be taken against him. It will be the responsibility of the actual user to satisfy the sponsoring as well as licensing authorities that he had maintained a proper account of consumption and utilisation of the imported materials and has fully complied with the condition subject to which the imports or allotments of imported goods were allowed to him. The licensee shall be required to produce the account of consumption and utilisation oi imported materials maintained by him, to the licensing authority or sponsoring authortiy or any other concerned authority, when called upon to do no and within such time as may be specified by such authority. The account of consumption and uti- lisation of imported materials for the year 1972-73 and onwards, shall be maintained and preserved by the licensee for a period of 8 years commencing from the expiry of the year to which the account of con- sumption and utilisation pertains. The accounts of the earlier years shall also be maintained and preserved for a period of 8 years commencing from the expiry of the year to which the accc|unt pertains or for 2 years from 1-4-1972, whichever is later,

Misuse of A.U. licences

92. (1) It has been noticed that in some cases, the actual users divert to other channels/uses the raw materials or components, etc. licensed to them for use in their factories. Attention of the actual users is drawn to the condition applicable to A.TJ. licences, to the effect that the goods shall be utilised in the licence holder's factory only for the purpose for which they are imported and no portion thereof shall be sold to or permitted to be utilised by any other party. Steps are taken to ensure that this condition is strictly com- plied with. If any licensee infringes the aforesaid con- dition, no further assistance will be given to him for the import of goods in the category of actual users, without prejudice to any other action which may be taken against him under the Imports and Exports (Control) Act, 1947 and the Imports (Control) Order, 1955, dated the 7th December, 1955 as amended.

(b) In the event of closure of a factory it shall be incumbent upon the owner to preserve the account of consumption and utilisation of imported goods for a period of eight years. Thereafter, if he does not require to preserve such an account for a longer period, he may part with it with the prior written per- mission of the licensing authority concerned.

(c) While considering requests for transfer of an industrial unit having imported machinery, the spon- soring authority will satisfy itself that the account of consumption and utilisation of imported goods main- tained by the original owner of the unit will either be preserved by him as provided in sub-para (b) above or handled over to the new owner for verification and check by the licensing authority, sponsoring authority, or any other concerned authority when called upon to do so and within such time as may be specified by such authority.

(4) Check by sponsoring authorities.-—-The Directors of Industries and other sponsoring autho- rities will check up whether the imported material has been properly utilised by the licensee. In cases involv- ing contravention of conditions of licences or allot- ments of imported goods, the reports will be sent by the Directors oi Industries and other sponsoring autho- rities to the licensing authorities concerned to enable the latter to initiate action against the parties con- cerned. For this purpose, it is essential for all actual users wishing to take advantage of the import of goods as raw materials components, spare parts, accessories, or machineries, etc., to maintain accurate and up-to- date records of stocks, procurement and consumption of articles used by them in their industrial undertak- ings, as provided in sub-para, (3) above.

licensing authority concerned. In cases where there is a change in the constitution of a business by admission or retirement or death of a partner and the reconstituted firm take over the business as a whole with- out any change in its name or address, the prior permission of the sponsoring authortiy will not be necessary and the original firm should only send an intimation about the change to the licensing and the sponsoring authorities concerned.

(ii) In the event of a change referred to in (i) above, the original owner should transfer in favour of the new owner or the reconsti- tuted concern, as the case may be, all the machinery and other materials imported for use in the industrial unit sought to be transferred.

Change in the name, constitution or ownership of

actual users' business

93. (1) No approval of the Import Trade Control authorities is necessary for aflecting a change in the name, constitution or ownership of an actual user's business, except in the types of cases mentioned in this paragraph.

(2) Change of name.—(a) Where an import licence has been issued to an actual user, and before the importation of goods against the said licence, there is a change in the name of the licensee actual user's manufacturing business, wihtout any change in the ownership of factory for which the said licence was issued, the licence holder should apply to the licensing authority which had issued the licence in question, for necessary amendment on the licence. Such requests should be made through the sponsoring authority concerned.

(b) If there is no unutilised import licence in hand at the time of change, the actual user should, in his first application for a licence made after the date of change, expressly indicate that there has been a change in name without any chajige in the ownership or constitution of his manufacturing business. If, in terms of the import policy in force, such application is required to be made direct to the licensing authority, and not through the sponsoring authority concerned, the actual user should produce with his application a certificate of the sponsoring authority to the effect that the registration with the sponsoring authority in the original name has been amended accordingly.

(3) Change in ownership or constitution.—Where there is a change in the ownership or constitution (including a change by division) of an actual user's manufacturing business, with or without a change in the name of the business, the following provisions will apply :—

(i) If the original owner has imported machi- nery or any other imported goods in the industrial unit concerned, he should obtain the prior permission of the sponsoring autho- rity concerned for transfer of the manufac- turing business in favour of the new owner or the reconstituted concern, as the case may be. The intimation about the change shuold also be sent by the original owner to the (iii) Where an import licence had issued to the original owner, and before the importation of the goods against the said licence the change in ownership or constitution has taken place, the original and the new owner of the manufacturing business should make a joint application to the licensing autho- rity which had issued the licence for permis- sion to transfer the licence in favour of the new owner or the reconstituted concern, as the case may be, in terms of sub-clause 5 ( 3 ) ( i) of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended. The application should be made through the Sponsoring authority of the new owner, and it should be expressly stated in the application whether the approval of the Sponsoring authority of the orginal owner lias been obtained in regard to the transfer manufacturing business as stated in sub- clause (i) above.

(iv) If there is no unutilised licence in hand at Ihe time cjf change, the new owner or the reconstituted concern, as the case may be, should in the first application for a licence made after the date of change, expressly indicate that there has been a change in the ownership or constitution of the manufac- turing business. If in terms of the import policy in force, such application is required to be made direct to the licensing authority, and not through the sponsoring authority concerned, an evidence should be produced with the application to the effect that prior approval of the sponsoring authority of the original owner has been obtained, wherever necessary in regard to the change in owner- ship of constitution, and the new owner has been duly registered with the sponsoring authority concerned.

(4) Where an actual user transfers only a part of the factory, or imported machinery; or where any other imported materials are sold by an actual user, without selling his manufacturing business or factory for which the goods, in question were imported; or where an actual user sells his factory/manufacturing

business, but the purchaser is not acqniring the imported raw materials, components or spares belong- ing to the industrial unit concerned and the actual user has to sell such materials to another party such sales will be governed by the procedure laid down in paragraph 94 of this book and clause 10-C of the Imports (Control) Order, 1955, as amended.

(5) The licensing authority will consider applica- tions for transfer of licences under this paragraph on the recommendation of the sponsoring authority, in cases where the transferee is not debarred or suspend- ed from receiving licences under the provisions of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended. Also, the sponsoring authority will consider requests fcp transfer of manu- facturing business in cases where both the transferror and the transferee are not debarred or suspended from receiving licences under the provisions of the Imports (Control) Order, 1955 dated the 7th December 1955, as amended.

(6) The provisions regarding grant of licences to established importers-cH/n-manUfacturers as laid down in Chapter XVII of the book will also apply while considering applications for transfer of licences under this paragraph. The applicants should, therefore fur- nish the necessary information in this regard when they apply for transfer of licences.

(7) The provisions made in sub-paras., (1) to (5) of this paragraph will also apply to import licences issued to actual users under the import policy for registered exporters.

tion. Such charges shc.uld not include expenses like demurrage, fines or penalty paid in respect of the goods.

(4) After settling the price, the buyer should make an application for permission to purchase the goods in question to the licensing authority who had issued the licence, under which the goods were impcrtcd. Such application should be made through the spon- soring authority of the buyer actual user. The applica- tion should be made in the prescribed fc|rm i.e., the form which the applicant had used if he had to apply for an import licence for such goods. No application fee will be required to be paid on such applications. The application should be supported by a letter of consent of the seller to transfer the goods in question on the price settled between the parties. In the cc(nsent letter, the break-up of the sale price as indicated in sub-para (3) above should also be given.

(5) The sponsoring authority will forward the application to the licensing authority concerned who will consider the same on merits having regard to the recommendations of the sponsoring authority. If the permission to transfer is granted, it shall be subject t© the usual conditions applicable to actual users' licences regarding utilisation of the imported goods. An intimation about the transfer will be given to the licensing authority under whose jurisdiction the buyer is situated and to the sponsoring authority of the seller actual user.

Procedure for Transfer of Imported Goods by

Actual Users

94. (1) Where, after importing goods against an actual user's licence, the actual user licensee finds that, for any reasons, he is not in a positicjn to utilise the goods in accordance with the conditions of the licence under which the goods were imported, he should lind another actual user and transfer the goods to the laltcr with the permission of the licensing authority who had issued the licence. The buyer of the goods in such cases should be an actual user requiring the goods in question for use in his industrial unit.

(2) If the actual user is not able to find a suitable and willing buyer for the goods, he should approach the State Director of Industries or the sponsoring authority concerned, who may be in a position to suggest a suitable and willing buyer.

(3) The sale price of the goods in question should be settled between the seller and the buyer taking into account the following :—

(a) C.i.f. value c| the imported goods; (b) Customs duty paid; (c) Landing and clearing charges paid;

(d) Transportation charges paid from the Customs port to the factory/godown of the seller; and

(e) Other reasonable incidental charges incurred in relation to the imported goods in ques- (6) Where any imported material has been allowed to an actual user through the State Trading Corpo- ration or any other recognised agency and the allot- tee is not in a position to use the goods for the pur- pose for which the allotment was made, he cannot use the imported goods for a different purpose and in a manner otherwise than as declared by him in his application for such allotment or distribution or in any other documents, submitted by him in sup- port of such application. In such cases, also, the allottee should find another actual user to use the goods for the purpose for which they were imported. The goods will be transferred to such person in the same manner as indicated in the above sub-paras.

(7) Sale of imported goods to public sector agen- cies—{a) If an actual user is not in a position to utilise any imported goods for the purpose of which the import was allowed, he can sell the goods, in question, to the State Trading Corporation, Minerals & Metals Trading Corporation, State Small Industries Corporation or any other similar public sector agency, at a price to be settled between the seller and the buyer. The seller shall give an intimation of the sale to the sponsoring authority concerned and to licensing authority which had issued the licence against winch the goods had been imported. No prior permission of the licensing authority will be neces- sary for such sale.

(b) The provisions of sub-para (a) above will also apply to the sale of imported goods lying with a bank, where the bank had cleared the goods from the Customs as a joint holder of the licence against which the goods were imported, or where the im- ported goods had been pledged with the bank by

the licence holder, and the licence holder is not in a position to take over the goods in question for be- ing utilised for the purpose for which the import had been allowed. In such a case, the bank can sell the imported goods to the STC, MMTC, or any other similar agency in the manner indicated in (a) above, provided the licence holder agrees to the sale. (8) The agency purchasing the goods under sub- para (7) above shall sell the same to actual users at a reasonable price and within a reasonable time.

(9) Multi-unit enterprises in the public sector has been given the facility of transfer of imported taw materials and components as provided in Chapter-VIII of this book.

(10) Requests from public sector undertakings for sale of imported material which are not required by them will be considered liberally on merits by the CCI&E.

(11) Loaning of imported raw materials.— (a) Actual users having in their stock imported raw materials, components and spare parts, may loan a portion of such goods to another actual user who is in need of the same for meeting his urgent require- ments. This arrangement shall be purely on a loan basis and for a specified period within which the goods of the same specification and description shall be returned. Such loan should be given only with the prior written permission of the sponsoring autho- of the licensee and only to another actual user within the jurisdiction of the same sponsoring authority.

(b) The sponsoring authority giving such per- mission as well as the licensee shall immediately in- form in writing to the licensing authority concerned. (c) The actual user parting with the goods on loan and the actual user receiving the same on loan shall abide by the following :—

goods, issued to actual users under the import policy for Registered Exporters.

(14) Delegation of powers to sponsoring autho- rities.—Notwithstanding anything contained in this paragraph, if the buyer and the seller actual users are both situated under the jurisdiction of the same sponsoring authority and the value of the imported material sought to be transferred does not exceed Rs. 10,000/- the permission for transfer may be ob- tained from the sponsoring authority under the pro- visions of this paragraph. The Sponsoring authority and the actual users concerned will send an intima- tion to this effect to the licensing authority concerened.

(15) Cases not covered by this paragraph may be dealt with under Clause 10-C of the Imports (Control) Order, 1955, dated the 7th December 1955, as amended.

95. Firework industry.—No application for import of raw materials by the firework industry ooth in the scheduled and non-scheduled sectors for the manu- facture of firework will be entertained by the licens- ing authorities unless the applicants arc in possession of a valid licence under the Explosives Act, The sponsoring authorities should not, therefore, recom- mend an import licence in favour of fireworks indus- try, if the applicant is not in possession of a valid licence under Explosive Act. In his recommendation for the licence, the sponsoring authority should indi- cate that the applicant is in possession of the required licence under the Explosive Act. Where applications for licences are required to be sent by actual users to the licensing authorities direct, the applicants should produce, with their import applications, docu- mentary evidence to the effect that they are in pos- session of a valid licence under the Explosive Act,

Spare par\ts of mining machinery

(i) Both the actual users shall make entries in respect of the goods, in question, in the account maintained by them in the proforma as given in Appendix 19 to this book. Such entries will be made both at the time of loaning the goods and also at the tune these are returned by the loanec

(ii) Both the actual users shall in their import applications, while indicating the, stocks held by them, also indicate the quantity of goods loaned or received as loan, as the case may be, and period for which the goods have been loaned.

(d) In the event of any abuse of this facility, both the actual users and any other person responsible for such abuse, shall be liable to action under the import trade control rules, without prejudice to any other action that may be taken against them in this behalf.

(12) Intimation to licensing authority.—If an actual user is not in a position to utilise completely the im- ported raw materials, components or spares within two years from the date of importation, he should inform the licensing authority, explaining the reasons for non-utilisation. Such information should be sent through the sponsoring authority concerned.

(13) The provisions made in this paragraph will also apply to import licences/allotment of imported 96. (1) A.U. applications for import of spare parts of mining machinery should be made to the regional licensing authorities concerned. Such applications should be made on annual basis, in the prescribed form (form 'B').

(2) The applications should be made direct to the licensing authorities concerned and not through any sponsoring authority. The applicant is also not re- quired to obtain any essentiality certificate from the sponsoring authority for the import of spares.

(3) The applications should be accompanied by

the following information :—

(i) The description of machinery for the main- tenance of which the spare parts are required,

(ii) Number of the machinery/equipment in use

for which spares are required,

(iii) Country of origin of machinery/equipment

in use,

(iv) C.i.f. value of machinery/equipment im- ported prior to 6-6-1966 indicating the year of import.

(v) C.i.f, value of machinery/equipment im- ported after 6-6-1966 indicating the year of import.

(vi) The value of imported machinery/equip-i incnt purchased locally indicating whether the same was purchased prior to 6-6-1966 or after 6.6.1966.

(vii) The value of spares applied for; and (viii) The extent to which the spares sought to be

imported are not available in the country.

(4) The applications from National Development mineral Corporation and Orissa Minerals Corporation will be considered by the Joint Chief Controller of Imports and Exports, (CLA), New Delhi and the Joint Chief Controller of Imports and Exports, Cal- cutta, respectively.

products) to which the application pertains. In respect of the canalised items applied for in the said application, the applicant should indicate the itemwise value within tine overall value applied for, unless the item, in question, is licensable on restricted basis in which case the value limit will be determined by the sponsoring authority/ licensing authority in terms of tho policy in force.

Procedure for allotment of imported goods canalised

through public sector agencies

97. (1) In respect of goods the import of which is canalised through a public sector agency for meet- ing the requirements of actual users, the allotments of imported materials to actual users will be made in the following manner :—

(i) by release order to be issued on applica- tions made to the licensing authorities con- cerned, or

(ii) By release orders to be issued on applica- tions made to the sponsoring authorities concerned, or

(iii) By direct allotments to be made by the

canalising agency concerned.

(2) The manner of allotment in terms of sub- paragraph (1) above will be indicated in respect of each item in the relevant Import Trade Control policy

(Red Book).

(3) Release orders issued by licensing author^ ties.—The procedure to be followed in respect of items for which release orders will be issued by licens- ing authorities to the actual users concerned will be as indicated below :—

(a) The actual user should submit his import application in the prescribed form and manner to the licensing authority con- cerned through the sponsoring authority concerned. Units which are required to make their applications for licences direct to the licensing authorities concerned under the import policy in force should not route their applications through the sponsoring authorities concerned. Applications should be supported by treasury challan showing payment of application fee and other docu- ments as are required in terms of the im- port policy in force.

(b) The import application should be a consolidated application coverning all tho requirements of raw materials and compo- nents in the case of priority industries and raw materials, components and spares in the case of units engaged in industries other than priority industries, pertaining to the end-product (including the related end- (c) Where an application is to be made through the sponsoring authority, the said authority will forward the same to the licensing autho- rity concerned with its recommendation in the normal course. In respect of items licensable to actual users on restricted basis, the sponsoring authority will indicate the value limit against each item within the overall value recommended. The licensing authority will consider the application on merits in terms of the import policy in force. In respect of canalised items, instead of issuing a direct licence to the applicant, the licensing authority will issue release order in favour of the applicant on the canalising agency concerned, in the proforma appear- ing in Appendix 34.

(d) Where an application is to be made direct to the licensing authority concerned, the licensing authority will consider the appli- cation on merits in terms of the import policy in force. In respect of canalised items, instead of issuing a direct licence to the applicant, the licensing authority will issue release order in favour of the appli- cant on the canalising agency concerned in the proforma appearing Appendix 34.

(e) The original release order will be sent to the applicant and a copy thereof will be sent by the licensing authority to the canal- ising agency. For purposes of verification, the licensing authority will also send con- firmatory statements every week to the cana- lising agencies indicating particulars of the release orders issued during the week. In every case, a copy of the letter with which the release order is sent to the applicant, will be forwarded by the licensing authority to the sponsoring authority concerned.

(f) The release order will be valid for a speci- fied period during which the allottee will be required to draw supplies from the cana- lising agency in accordance with the pro- cedure for allotment/distribution prescribed by such agency.

(4) Release orders issued by sponsoring authori- ties.—-The procedure to be followed in respect of items for which release order will be issued by spon- soring authorities to the actual users concerned will be as indicated below :—-

(a) The actual user should submit his applica- tion for allotment in respect of canalised items to the sponsoring authority concerned

in the prescribed form and manner. The application should not include any non- canaliscd items. No application fee is re- quired to be paid by the. applicant for such applications.

(b) If the application is in respect of more than one canalised item, the applicant should indicate the value limit in respect of each item within the total value, unless the item in question is licensable on restricted basis to actual users in which case the value limit will be determined by sponsoring authority in terms of the import policy in force.

(c) The sponsoring authority will issue release order(s) on the canalising agency in favour of the applicant. The original release order will be sent to the applicant by the spon- soring authority, and a copy thereof to the canalising agency concerned. For purposes of verification, the sponsoring authority will send every week confirmatory statements to the canalising agencies indicating particulars of the release orders issued during the week.

(d) The release order will be issued in the pro- forma as given in Appendix 34. It will be valid for a specified period during which the allottee will be required to draw sup- plies from the canalising agency in accord- ance with the procedure for allotment distribution prescribed by such agency.

(5) Direct allotment to be made by canalising agencies.—-The procedure to be followed in respect of items for which allotment will be made direct by canalising agencies to the actual users, will be as in- dicated below :—

(a) Actual users will approach the canalising agency concerned direct according to the procedure prescribed by such agency,

(b) Each actual user should give an undertaking to the canalising agency that he shall use the material allotted to him in his own factory for the purpose for which the allot- ment is made and no portion thereof will be disposed of or used in any other manner.

(c) The canalising agency will make the allot- ments according to the directions/guidelines obtained by it from the sponsoring autho- rities concerned.

pect of each canalised item within the overall value applied for, unless a specific value limit has already been indicated in the import policy for Registered Exporters.

(7) If a release order covers more than one item and in respect of any of such items a specific value or quantity limit has been indicated, it will be open to the actual users concerned to obtain supplies from the canalising agency in respect of such item more in value/quantity than the specified limit, but not exceed- ing 10 per cent thereof within the overall value of the release order. If a release order pertains to a single item indicating both quantity and value limits, it will be open to the actual user to obtain supplies from the canalising agency in respect of such item more in quantity than the specified limit, but not exceding 10 per cent thereof, within the overall value of the release order.

(8) An actual user receiving imported materials from a canalising agency shall be required to utilise such materials in his own factory at the address shown in the application against which the allotment is made, and for the purpose for which the allotment is made, and no portion thereof shall be sold to any other party or utilised or permited to be used in any other manner. The allottee shall maintain a proper account of con- sumption and utilisation of the imported goods in the prescribed manner in the proforma appearing in Appen- dix 19, and produce such account to the licensing authority, the sponsoring authority, or any other autho- rity concerned, within such time as may be specified by such authority.

(9) Import of spare parts against release orders.— If an actual user is holding or has applied for a release order in respect of canalised item(s) and wants to import parts permissible under the import policy in force for a value not exceeding 10 per cent of the value of that release order it will be open to hi mto apply to the licensing authority concerned for conversion of a part of the release order into a licence for import of spare parts pcrmisible under the import policy in force. Tn the event of such conversion, the value of therelease order will be correspondingly reduced. Tf the release order is for more than one item, and the value of each item is given therein, the applicant should indicate the extent to which the value of individual items is sought to be reduced in lieu of the import licence for spare parts claimed. (It may be clarified that this provision will apply to all actual users in the large and small scale sectors including actual users obtaining release orders under the import policy for Registered Exporters.)

(10) Conversion of licences into release orders and

(d) The canalising agency will send monthly reports of such allotments to the sponsor- ing authorities concerned, indicating the particulars of allotments made during the month.

C6) In cases covered by the import policy for Registered Exporters, the applications in respect of canalised items should be made with other import items to the licensing authorities concerned in the form nnd mnnner prescribed in the import policy for Regis- tered Exporters. Tn snchc ases release orders for ca- nalised items will be issued by the licensing authorities. The applicant should indicate the value limit in res- vtce-iversa,—If against an import application, an actual user is granted a licence for non-canalised item(s) and a release order for canalised item(s), he can apply for conversion of the whole or part of the value of the licence into release order or vice-versa provided fi) both the licence and the release order are valid nnd not more than 6 month old and (ii) the conver- sion shall not result in the increase of value /quantity of restricted item to a limit which is not permissible under the import policy in force. Tf the original appli- cation was made through the sponsoring authority, the

request for conversion should also be made through the sponsoring authority. No revalidation of the licence or the release order will be allowed on this account.

(11) In connection with the facility provided in sub^ara (10) above, the following points are clari- fied :—

(a) This facility will also be available in cases where (i) the actual user is having an im- port licence only for non-canalised item(s) and wants to have it converted into Release Order for canalised item(s)for whole or part of its value or (ii) the actual user is having a Release Order only for a canalised item(s) and wants to have it converted into a licence for non-canalised item(s) for whole or part of its value provided other conditions are satisfied and the applicant is otherwise eli- gible under the relevant policy in force for the item(s) asked for.

(b) This facility is equally applicable to indus-

trial undertakings in public sector.

(c) This facility will also be given to eligible

export houses.

(d) This facility is applicable to all actual users in the large and smallscale sectors including actual users obtaining licences/Release Orders as manufacturer-exporters or nominee-manufacturers under the import policy for Registered Exporters.

(e) Requests for conversion of a release order into an import licence for non-canalised per- missible item(s), may be entertained after a prescribed period of six months prescribed under sub-para (10) above, provided such request is supported by a letter from the canalising agency concerned to the effect that it has no objection to the release order, in question being converted into a licence for non-canallsed item(s) in accordance with the policy in force.

(g) Request for conversion of an import licence into a release order for permissible canalised item(s), may be entertained after the pres- cribed period of 6 months also, provided such request is not made after 12 months from the date of issue of the licence sought to be converted.

(12) The licensing authority may also consider requests for issue of Release Orders for a canalised item in lieu of another canalised item for which Release Order was originally issued provided :

(1) the request is supported by a leter of the cana- lising agency concerned to the effect that the item already appearing in the Release Order cannot be supplied to the party by the canalising agency on account of circumstances beyond the control of the party and

(ii) the new canalised item asked for in lieu of the

original item is such that it was permissible to the party at the time Release Order was originally issued and is also permissible to the party under the import policy at the time the request for Release Oorder for the new item is considered.

(iii) The Release Orders issued in such cases for

the new item would be valid for six months only.

(13) A release order which is not registered with a canalising agency and the prescribed period of 60 days provided for such registration has exjired may not be accepted by the licensing authority for conversion under these provisions.

(14) In cases where a licence is issued in the name of canalising agency with a letter of authority in favour of an actual user the letter of authority shall inter-alia be subject to "Actual User" condition. A specimen of letter of authority is given in Appendix 25.

(15) Where a letter of authority is issued to a sell- ing agent against a licence issued to the S.T.C. or any other similar public sector agency, such letter of authority shall also be subject to the conditions regard- ing sale/disposal of imported material in accordance with arrangements approved by Government. A speci- men of the letter of authority is given in Appendix 25.

(16) The procedure for obtaining duplicate copies

of release orders is contained in Chapter XVII.

(17) The procedure for revalidation of release

orders is contained in Chapter XI.

(18) A release order is non-transferable except with the prior written permission of the licensing authority.

Import of Prototypes

(f) Tn the event of conversion (e) above, if the whole or a part of the value of the release order is added to the value of an existing import licence Issued against the same ap- plication on which the release order was issued, the question of extending the validity period of the import licence on this account will not arise. However, if the applicant has only a release order which is sought to be converted into a licence, and he does not have an existing licence issued or to be issued on the same application, the licensing authority may issue a fresh import licence in the event of conversion. Such fresh licence will not have a validity period of more than 12 months. Tn this regard, it Is clarified that the modes of financing in the case of licence(s) to be issued under this sub-para 1 will be the same as would have been allowed ff the applicant had initially got a licence.

98. (1) Applications for the import of machinery and instruments as prototypes, will be considered bv the Chief Cchtroller of Imports and Exports (C.G. Division,) New.Delhi.

(2) Applications should be made in Form 'E' meant for the import of capital goods along with the additional information in the proforma appearing in Appendix 32, through the sponsoring authclrity con- cerned. The sponsoring authority will forward the

application to the Chief Controller of Imports and Exports, New Delhi, with his recommendation in Part III of the application Form 'E', and will also certify the additional information furnished by the applicant.

(3) In the case of small scale units, the sponsoring authority will forward the application with his recom- mendation through the D.C. (S.S.I.) New Delhi,

(4) Import licences for proto-type shall be subject to the condition inter-alia, that the imported goods shall be used in the licence holder's factory as proto- type only, and shall not be sold, or disposed of, or permitted to be utilised by any other person, or in any other manner, except with the prior written permis- sion c|f the licensing authority.

(2) Applications for such spare parts should be made through the sponsoring authorities concerned, supported by a list of spare parts sought to be imported and a statement, certified by a Chartered Accountant, indicating the number of_ machinery, equipments and vehicles, and their description, manu- factured by the applicant-unit during the last three years, for which the applicant has to meet servicing requirements. This information may be given sepa- rately for each of the preceding three years.

(3) Import licences issued under this provision may be subject to the following condition inter- aHa :—

"The goods imported against this licence shall be only for servicing and maintenance of the machl- nery/equipnient/vehicles manufactured by the licencee; and which are in operation in the country."

Special procedure for issue of licences to actual users

(5) Notwithstanding the provision contained m sub-paragraph (3) above, applications from small scale industrial units for import of prototypes (not exceeding 2 nos) for a total value upto Rs. 12,000 (c.i.f.) will be considered by the regional licensing authorities concerned on the recommendations of the sponsoring authorities concerned. The sponsoring authorities will not be required to forward such appli- cations to the DC (SSI), New Delhi.

99. Applications for the import of goods other than machinery/instruments, such as chemicals, raw materials, etc. to be used as prototypes will be con- sidered by the licensing authorities concerned on the recommendations of the sponsoring authorities, in terms of the import pejicy in force.

101. Notwithstanding anything contained in this chapter, the Chief Controller of Imports and Exports or the licensing authority may by issuing a Public Notice or a Trade Notice, evolve any special pro- cedure for issue of impc(rt licences to actual users in respect of any licensing period or commodity or any category of actual users. In such cases, the provisions of this book regarding the procedure for submission Of applications and processing of applications will be applicable only to the extent indicated by the C.C.I. & E. or the licensing authority.

Import of spare parts required for servicing

Procedure for import of raw materials by units in

SEEPZ

100. (1) Applications for import of spare parts may be considered by the licensing authorities from manufactures of machinery to enable such units to meet the servicing requirements in respect of machinery manufactured by them, and which is in use in the country. Such applications will be considered for per- missible spare parts only on the recommendations of the sponsoring authorities concerned.

101-A. The procedure for import of raw materials, components and spares by units located in Export Processing Zone, Santa Cruz, Bombay is given in Appendix 37.

101-B. The procedure for import of raw materials, components and spares by units located in Kandla Free Trade Zone, New Kandla is given in Appendix 37.

CHAPTER V

REGISTERED EXPORTERS

Procedure for claiming Replenishment Licences

102. (1) Registered exporters are those who hold valid registration certificates issued to them by the registering authorities concerned, namely, the Export Promotion Councils, Commodity Boards and the Expclrt Promotion authorities at the ports. The names of registering authorities for different export products are given in Appendix 4 (AnnexureT).

(2) In the case of exporters from Jammu and Kashmir State, the registering authority would be the Director of Handicrafts, Jammu and Kashmir, Srinagar, except for exporters of Gem and Jewellery items.

(3) The recognised export houses holding eligi- bility certificates may, if they so desire, get themselves registered with the Federation of Indian Exporters Organisation instead of with the concerned Export Promotion Councils/Commodity Boards.

(4) The Public Sector Undertakings or State owned corporations will be exempt from registration with the concerned Registering Authorities for the purpose of grant of benefits under this policy.

rity with reference to the information available in the Hand Book of Indigenous Manufacturers publishec by the D.G.T.D. In ca.se of doubt regarding the line of manufacture of a particular applicant, the register- ing authority will consult the D.G.T.D. Part III of the form should be filled in by the registering authority in all cases. A separate form of registration has been prescribed at Annexure IV in Appendix 4 to this book in the case of exporters of Rayon Textiles.

(3) The application for registration should be

accompanied by the following documents :—

(i) Bank certificate in support c(f the applicant's

financial soundness; and

(ii) Registration-cum-membership certificate form with Part I and the relevant columns of Part TI duly filled in.

Procedure for Registration of Exporters

103. (1) Application for registration.—(a) Appli- cation for registration should be made to the appro- priate registering authority, indicated in paragraph 102 abctve. In the case of concerns having branches, the application for registration can be made by the registered office, in the case of limited companies and head office in the case of others. A registeration certificate issued to the registered office/head office in such cases will also be valid for the branches of the registered concern. The branches can also apply separately for registration in which case the register- ing authority will issue a separate registration certi- ficate to the applicant branch.

(b) Application for registration should be made in

the form appearing in Appendix 4 (Annexure II).

(2) Registration Certificate.—The form of regis- tration certificate is given in Appendix 4 (Annexure III). This is a "registration-cum-membership certi ficate" which has three parts. Part T should be filled in by the applicant. Except for the D.G.T.D. units. Part I should be filled in by the sponsoring authority concerned in the case of manufacturer exporters. The D.G.T-D. units should themselves fill in column 1 of Part IT relating to "registration number/factory number" allotted by the sponsoring authority. Column 2 of this Part will be filled in by the registering autho- (4) The manufacturer exporters other than D.G.T.D. units, will submit the form in triplicate through the sponsoring authority. The sponsoring authority will, after filling in Part II, give the original and the duplicate copy to the exporter and retain the third copy for its record. The applicant will then submit the original and the duplicate copy to the registering authority along with the application for registration. The D.G.T.D. units and the merchant exporters will submit the form in duplicate (instead of in triplicate) direct to the registering authority,

(5) The registering authority after filling jn Part III, both in the case of merchant exporters and manu- facturer-exporters, will forward the original to the exporter and retain the other copy for its record. Tf an applicant is both a manufacturer exporter as well as a merchant exporter, separate certificates may be issued to him by the registering authority concerned.

(6) Where a registration certificate Is also valid for the branches elf the registered concern the registering authority will forward copies of the registration certi- ficate to other registering authorities in whose juris- diction such branches are situated.

(7) Eligibility for registration.—Exporters who are members'" of the E.P. Council concerned, having a past export performance, a good record and expe- rience, are eligible for registration- An applicant havine no previous exDcrience of export in a particular line may also ,be registered if the registering autho- rity is satisfied about the general commercial back- ground of the applicant, his industrial experience or exnort performance in other lines,

(81 Conditions of registration.—(a) A registration certificate will be issued subject to such conditions as the registering: authority concerned may consider

*T'ie condition of membership In the case of Gem and Jewellery Itetns has been tempnrprily !Misrcrtff<',

necessary. One of the conditions of registration shall be that the registered exporter shall furnish quarterly returns of exports (including nil returns), to the regis- tering authority by the fifteenth day of the mepth following the quarter.

(b) The Registration for an item with an E.P. Council, or Commodity Board or Export Promotion authority, will hold gc(od for all the items with whkh the particular Council/Board is concerned except for certain categories of engineering goods, in respect of which registration will be valid only for that particular category.

certificate testifying the applicant's financial sound- ness, is received by the registering authority (or spon- soring authority in the case of manufacturer-expor- ters). Where an application is not supported by the required bank certificate, the date on which the bank certificate is received will be taken as the date of sub- mission of the application. The period from the date when the party applies for registration and the date when the registering authority writes to the bank for furnishing a certificate of financial soundness of the party will be excluded fc(r determining the effective date of registration of the applicant. For reckoning the period of six months, the month during which the application for registration/bank certificate is received will not be taken into account. Exports made from the date six months prior to the date of application for Registration will be eligible for grant of replenish- ment licence provided the applications against such exports are made within the time limits as provided in para 112(1). Even in respect of export of items which qualify for replenishment only after realization of foreign exchange the period of six memths will reckon from the period of exports and not from the date of realization of payment.

Change in constitution or ownership

(c) In Ihe case of components and auxiliaries of textile machinery items, automobile parts and surgical instruments, and readymade garments, which, for the purpose of grant of replenishment licences, are classi- fied under different Product. Groups in Section IV of the Import Policy Book (Vol-IT), depending upon the raw material used in their manufacture, the registered exporter may get themselves registered with any one of the concerned registering authority. Tt will not be necessary for them to get themselves registered with each registering authority for the purpose of claiming replenishment licences. Similarly, in the case of articles of precious/semi-precious stones like Ash Trays, Pen Holders, Paper Cutters, Key Chains, Paper Weights, Cuff Links. Tie Pins etc. which qualify for replenish- ment licences under the product group 'Handicrafts' it would not be necessary for the exporters to get themselves registered with All Tndia Handicrafts Board in case they are already registered with Gem & Jewellery Export Promotion Council.

(d) In case of composite items which contain raw material falling under different product gruops, say Plastics, Engineering etc., if the value of a particular raw material used is mere than 50% of the value of the composite item, it is enough if the exporter registers himself with the registering authority con- cerned with the major content of the eclmposite item.

(e) Once an exporter has been registered, the regis- tration shall remain valid for three years unless the exporter registered cases to exist, or his name is de- registered for any reason or he becomes ineligible to hedd the certificate Registration certificates which expire during 1975-76 may be accepted by the licensing authorities for a period of additional 6 months to enable the exporter to obtain fresh Registration Certificate.

(f) Tn the case of units situated in Kandla Free Trade Zone and Santacmz Electronics Export Pro- cessing Zone, Bombay, the registraticln certificntc will have a period of validity as indicated by the Regi- stering authority concerned.

105.(1) Where there is any change in the owner ship, constitution name or address of any concern, which has been registered under the import policy for Registered Exporters, it shall be obligatory on Ihe part of the person in authority in the concern, as originally registered, to intimate the fact of such change to the registration authority within three months of the change. Where the intimation regard- ing the change is not given within the prescribed period of three months, the registering authority concerned may condone the delay and entertain such requests made within a period of six months from the date of change. In the case of manufacturer-exporters, the registering authority will also verify whether the per- mission of the sponsoring authority in regard to the change has been obtained in terms of para 93 of this book.

(2) Requests from exporters for registration as a result of change in their constitution will be dealt with by the registering authority in the same manner as those of fresh cases of registraticln. The benefit of allotment of new registration number to a reconsti- tuted firm will accrue from the date of reconstitution of the firm. In the event of a change in the ownership of any concern, the benefit of allotment of registration number/certificate to the new owner will accrue from the date of change of ownership, subject to such conditions or restrictions as may be imposed or considered necessary.

Exports prior to date of Application for Registration

104. Exports made by a registered exporter before a date earlier than six months perior to date of appli- cation for registration, will not be eclnsidered for the grant of an import licence under the import policy for registered exporters. For this purpose, the effective date of submission of the application will be ihe date on which the application, duly supported by a bank

4—lCCofI&E/75

(3) Tn the event of a change in the rlwnership, constitution or name of an export house holding Eligibility Certificate, the fact of such change should be intimated by the export house to the registering authority and the CCI&E, New Delhi (E.P. Division) within one month of the change with documentary evidence. In the event of such change, the export house shall cease to have the facilities available to eligible export house, unless the eligibility certificate

has been changed by the CCJ&E in favour of the new owner of the business or the reconstituted firm as the case may be, in accordance with the policy applicable for the purpose.

De-registration of Exporters

106. (1) The registering authority may intiate action to de-register an exporter, where such autho- rity is satisfied that the exporter :

(a) has ceased to have the qualification for registration or the conditions of registration have been violated; or

(b) has indulged, in any form of unfair, corrupt or fraudulent practice, or failed to fulfil any export obligation.

(2) An exporter will ordinarily be given a 'show cause' notice, before he is de-registered. The register- ing authority, keeping in view the reason for de- registraticm will decide whether" the de-registration should be for a specified period or for an indefinite period, or whether the de-registration should be limited to a particular export product or be of wider applicability. The registering authority will not be bound to give reasons for derefiistration.

decision of any of the registering authorities listed in Appendix 4 (Annexure I) refusing to regisler him or for de-registering him, he may prefer an appeal to the Chief Controller of Imports and Exports, New Delhi, within a period of 45 days from the date of the com- munication containing the decisicln appealed against. Such appeals will be considered by the Chief Controller of Tmports and Exports, New Delhi, if necessary, in consultation with the Ministry of Com- merce, New Delhi.

(2) Any person aggrieved by the decision of the Chief Controller of Imports and Exports, New Delhi, taken in terms of the provisions of paragraphs 107 and 108 above, may make a representation to him for review of such decision within a period of 45 days from the date of the communication containing the decision against which the representation is made. On consideration of such representations, if it is so decided, the Chief Controller of Tmports and Exports, New Delhi, may, with the approval of the Ministry of Commerce, New Delhi, either himself re-register the exporter, or restore registration or he may direct the registering authorities to re-register such exporter or restore his registration. The re-registration or restora- tion of registration in such cases will be subject to such condition(s) as the Chief Controller may decide.

Registration and de-registration by the Chief Controller

of Imports and Exports, New Dehli.

Certification of Exports

107. Notwithstanding anything contained in para-

graph 106 above :

(1) The Chief Controller of Imports and Exports, New Delhi, may register an exporter or direct the registering autho- rities to register an exporter. The registra- tion done by the Chief Controller of Imports and Exports, New Delhi, or his direction to the registering authorities in this regard, will apply to such export pro- ducts covered by the import policy for Registered Exporters, as may be specified by him.

(2) Tf, on the basis of the information available, the Chief Controller of Tmports and Exports, New Delhi, is of the opinion that any exporter has committed a breach of any law (including any rule, order or regulation), relating to Customs or the import and export of goods or foreign exchange, he may, without prejudice to any other action that may be taken in this behalf, refuse to register such exporter or direct the registering authorities to do like- wise, or he may de register an exporter, if the exporter has already been registered, or direct the registering authorities to de- rcgister him for a specified or an indefinite period and in respect of a particular export product or products or all the export pro- ducts covered by the import policy for re- gistered exporters.

109. (1) At the time of shipment, a registered exporter should have a copy of the shipping bill duly authenticated by the Customs, fc(r the purpose of attaching it to his application for a replenishment licence, at the appropriate time.

(2) After shipment, the exporter should have the exports certified by an authorised dealer in foreign exchange at the time of presentation of export docu- ments to such dealer i.e., the bank, for the purpose of negotiation and/or collection of bills. While present- ing the export documents, the exporter should fill in and give to the bank the declaration (in triplicate) in form I as in Appendix 4 (Annexure V), for exports made on 'out right' sale basis and in form II in Appendix 4 (Annexure V), for exports on consign- ment basis/approval basis.

Appeal and review Applications relating to registration

and de-registration

108. (1) When an exporter is not satisfied with a (3) The Bank will certify the f.o.b. value of exports in Tndian rupees and counter-sign the declara- tion after necessary verification with reference to the export documents. The bank will then pass on the original certificate with the relevant copy of the Bank attested invclice to the exporter concerned, the dupli- cate to the licensing authority concerned, and the triplicate will be retained by the bank for its record. Tn case of exports made on consignment basis/ approval basis, the Bank will certify the f.o.b. value and counter-sign and pass on the certificate as in Form No. II. to the exporter, only after the 'exports' sale proceeds have been realised and surrendered to th eTndian Exchange Control. A copy of the Ministry of Commerce Public Notice No. 78-ITC(FN)/74 dated 6th June 1974 indicating the detailed procedure in this regard is rcporoduced in Appendix-4 (Annexure

Indian equity participation in joint ventures abroad.

Procedure for Submission of Applications for licences

(4) The above procedure implies that the autho- rised dealer in foreign exchange will issue separate certificates in respect of each consignment of export at the time of presentation of export documents. A bank certificate covering more than one consignment may also be entertained.

(5) The exporter will, at the time of the submis- sion of the application for the grant of a replenish- ment licence in accordance with the prescribed time schedule, enclose the original bank certificate(s) and copies of the Bank attested invoices, and quota in the statement of exports furnished with the application the number and date of the certificate issued by the Bank for each of the shipments covered by the appli- cation.

(6) The procedure outlined above for certification of exports by the authorised dealers in foreign ex- chang will not apply in the case of the following :—

(i) Gem and jewellery (except exports made on

confirmed/outright sale basis);

(ii) Cinematographic films (exposed);

(iii) Exports by value Payable Post parcel;

(iv) Exports of books, journals and periodicals

by post;

(v) Supplies made to foreign shipping com-

panies as ship stores;

(vi) Sales made at international exhibitions

abroad;

(vii) Sales of following items to foreign

tourists :—

(a) Handicraft;

(b) Silk fabrics and made up articles

including furnishing material;

(c) Silk ready-made garments;

(d) Cotton sarees, cotton dress material, cotton table linen, bde spreads, bed covers, cotton stoles, scarves, shawls and cotton furnishing material;

(e) Cotton readymade garments;

(f) Leather goods falling under S. No. D.

2.1 and *>. 2.2. of Section IT of the relevant Policy Book (Vol. II) namely footwear, hand bags, belts, purses etc; 110. (1) Consolidated applications for import licences against export of all the products in a pro- duct-group should be made in the prescribed form as given in Appendix 4 (Annexurc VII to the licens- ing authority under whose jurisdiction the registered office, in the case of a limited company, and head office in the case of other registered exporters, is situated In respect of Gem and Jewellery exports, applications for licences may be made separately for each exported item, instead of a consolidated applica- tion. The names antf jurisdiction of the licensing authorities are indicated in Appendix 4 (Annexure VITT). If import licences are claimed in favour of more than one nominee, the consolidated application should contain the particulars of each of. the nomi- nees, indicating separate values in respect of each, In the application form and the statement of exports enclosed therewith,

(2) In the case of registered contracts, application¹! could, however, be field contractwise instead of cover- ing all the exports belonging to a product-group.

(3) Tt will, however, be open to a branch of a limited company or of a registered exporter to apply for an import replenishment licence against the exports effected by it, to the licensing authority with- in whose jurisdiction the branch is situated, provided that such branch is separately registered as an exporter or produces evidence to the effect that the registration certificate issued to limited company/head office, is also valid for the branch in Question. Trie applications in such types of cases should be accom- panied by a certificate of head office of the registered office as the case may be that it has not claimed and will not claim any replenishment licence against the exports covered by the application.

(4) Export house holding valid certificates of eligibility issued by the Chief Controller of Imports and Exports, New Delhi, may submit cither a con- solidated"" application in terms of sub-para (1) above or separate applications in respect of each of their nominees against export products falling within the same product group in the simplified application form as at Annexure VTT(A) in Appendix 4 to this book.

(5) Tmport applications in all cases should be

made to the licensing authorities concerned direct.

Frequency of Applications

(g) Wollen Carpets, Namda etc.

(viii) Export of carpets to foreign tourists against

advance payment;

(ix) Supplies made for TBRD/IDA aided pro-

jects in India;

(x) Supplies made by Indian firms in India under the aid programmes of United Nations and other multi-national agencies at international prices and paid for in free foreign exchange; and

l.xi) Export of machinery and equipment against 111. (!) Subject to the exceptions made in sub- paragraphs (2) and (3) below : an exporter should make one application for import replenishment against his exports of all the products in a product croup made within a quarter, namely April- June, July-September and so on, or made within six months, namelv, April-September and October-March- Tn the case of exports on consignment/approval basis, such applications should be made in respect of sale proceeds realised and surrendered to the Indian Ex- change Control within a period of a quarter or six months, as the case may be.

(2) Exporters of journal and periodicals will have the qption to make applications on an annual basis, for the licensing year, provided no nominations are involved, and provided further, that the exporter satisfies the licensing authority that he is receiving subscriptions in respect of the journals and periodicals on an annual basis and is making the invocies accord- ingly.

(3) In the case of exports of leather footwear made by the State Trading Corporation, the applica- tions may be filed covering exports made during a licensnig period.

(4) Exporters derious of availing themselves of the facility allowed in sub-para (3) above, will have to opt for this facility, and the option so exercised will be conveyed to the licensing authority concerned. Any change in the option will be allowed only with the prior approval of the said authortiy.

(5) A manufacturer-exporter who wishes to claim import licences in his own name against every appli- cation that he will make, can by special arrangement with the licensing authority concerned, obtain the faci- lity of submitting his applications in the simplified form given in Appendix 4 (Annexure IX). The arrangement will specify what products the manu- facturer-exporter would export. In such cases, T.V.C. No. need be quoted onlv once at the beginning of each year.

period but within 12 months 5% cut.

(ii) Applications received beyond a period of 12 months from the last month of the export period, but within 18 months 10 per cent cut.

(iii) Applications received after a period of 18 mctnths from the last month of the export period but within 24 months 15 per cent cut.

(iv) Applications received after a period of 24 months from the last month of the export period will be summarily rejected as time barred.

(3) The above cuts in respect of delayed/deficient applications agaiast exports of products which qualify for replenishment only after realisation of foreign exchange will be applied with reference to the period during which the payments are credited to the exporter's account and not with reference to the period of exports.

(4) In the case of exports by V.P.P. of products other than Gem & Jewellery and Cinematographic Films (exposed) the time limits for sub-mission of applications will be reckoned with reference to the date elf payment as given in the Post Master's Certi- ficate or in the intimation slip.

Date of shipment/despateh

(6) The provisions of sub-para (6) above will also apply to merchant-exporters who are eligible to claim licences in their own name.

113. For the purpose of considering applications for import replenishment under the import policy for Registering exporters, the relevant date of export will be determined as under :—

Time limit for submission of applications

112. (1) Applications for import replenishment licences should be made complete in all respects, so as to reach the licensing authorities concrened within a period of three months tram the end of the period of application.

(a) In the case of shipment by Sea, the date of export will be determined by the date on the relevant bill of lading which generally shows the date on which the goods have actually been loaded on the ship.

(b) In the case of exports by air, the date of export will be determined by the date on the airway bill.

(c) In the case of exports by post parcel, the date elf export will be determined by the date stamp on the postal receipt.

Documents to be submitted with applications

(2) Applications received after the prescribed time limit, or in respect of which deficiencies, if any, are made up after the time limit prescribed Tor submis- sion of applications may also be considered by the licensing authorities provided the applications are received or the deficiencies are made up within a period of three months from the prescribed time limit after the expiry of the time limit for submission of the applications. The applications received thereafter will be liable to be rejected. The licensing authorities may, however, consider such application, on merits, sub- ject to a cut in the value of import replenishment admissible against the exports in question, in cases where such authority is satisfied that the applicant was unable to submit his application in time, for reasons beyond his control. The extent of cut in the value that may be imposed in such cases will be as under:—

(\) Applications received after a pericd of 6 months from the last month of the export 114. (1) Applications for licences should be made, complete in all respects, supported by a treasury challan for Rs. 50/- towards the application fee, and other prescribed documents.

(2) Along with the application, the applicant should furnish a statement ctf exports in the form given in Appendix 4 (Annexure VII), indicating the particulars of exports as certified by the Exporter's bank(s), against which the import application is made. For speedy finatisation of the application, the

applicants arc advised in their own interest to get the statement of exports certified by a Chartered Accountant.

(3) (a) The following export documents should be produced with the application for import replenish- ments :—

(A) In the case of exports of products other than

those detailed in paragraph 109(6).

(i) Bank certificate (in original) of exports, issued by th eexporter's Bank; (hi the case of expqrt of Cotton/Hand-loom textiles and readymade garments qf cotton cotton Hand-loom textiles legible photostate copy of the Bank certificate may be produced in lieu of the original bank certificate).

(h) Bank attested copy of the invoice; and

(in) One copy of the shipping bill in res- pect of each shipment duly authenticat- ed by the Customs.

(B) Exports by V.P.P. of products other than gem and jewellery and cinematographic films exposed) :—

(i) Invoices giving description of goods, weight of the individual items and their total weight actually exported.

(ii) Relevant postal receipts.

(iii) Post-Master's certificate of payment or the intimation slip given by the Postal Department to the Indian recipient of the proceeds exports made by V.P.P.

(C) Export of books, journals and periodicals by post made by registered-exporters who have been allowed by the Reserve Bank of India to effect their exports, without observing P.P. formalities :—

(i) Postal receipt or a certificate of posting issued by the Post Office or any other evidence in cases where the original Postal receipt has been forwarded to the importer. In the case of export by ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Accountant's certificate giv- ing complete details of postal charges, dates of exports and particulars of ex- ports, in lieu of the certificate of post- ing, issued by the Post office, should be submitted.

(ii) A Chartered Accountant's certificate giving the details of the exports, freight, etc.

(iii) Invoice certified by a Chartered Ac-

count.

(iv) In cases where the applicant is not able to produce documents at (i) to (tii) above, and the payment against the exported material has been received by him in advance, the licensing autho- rity may acceptthe documents, namely :—•

(a) a certificate of Chartered Accoun- tant giving in respect of each publica- tion exported, its name, value of exports made during a period of 3 months or 6 months, or a year, as the case may be, and the aggregate amount of postal charges incurred on the despatches in question;

(b) a bank certificate in support of the receipt of payment in foreign ex- change to cover the exports referred to in (a) above; and

(c) a declaration of the applicant that he has not and will not claim separately REP licence on the basis of the foreign exchange realisation to which the bank certificate in (b) above pertains.

(D) Export of books, journals and periodicals by post made by registered exporters who have not been exempted by the Reserve Bank of India from P.P. formalities:—

(i) Original Postal receipt or photostat copy thereof or a certificate of posting issued by the Post Office, In the case of ex- ports by ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Accountant's cer- tificate giving complete details of postal charges, dates of export and particulars of exports, should be submitted.

(ii) Invoices certified by a Chartered Ac- countant indicating the P.P. Form Nos. (iii) Bank certificate indicating the receipt of payment in foreign exchange as well as relevant P.P. Form No. (exports below Rs. 50/- made by ordinary post without P.P. form will not be eligible for replenishment under this pro- cedure).

(E) Export of books, journals and periodicals by sea/ air made by registered exporters who have been allowed by the Rcsreve Bank of India to effect their exports, without observ- ing GR formalities :—

(i) Invoices certified by a Chartered Ac-

countant.

(ii) Bill of Lading/Airway Bill. (iii) Customs authenticated shipping bill and

(iv) A statement duly certified by the exporter's bankers/Chartered Account- ant regarding realisation of export pro- ceeds set off against the relevant G.R. forms in a chronological order. How- ever, in cases where the exporters have obtained a general permit from the Reserve Bank of India waiving the

G.R. formalities, it is not necessary ior tnern to produce Bank Certificate indi- cating the G.R. Form Nos. and instead may quote Ue general permit No. issued by the Reserve Bank of India in the Bank Certificate.

(F) Exports by registered post of products othei Ulan gem and jewellery and cinematographic turns (exposed);—•

(i) Bank certificate (Original) of exports

issued by ihe exporters Bank.

(ii) Bank attested invoice. (iii) Postal receipt or in cases where postal receipt has been forwarded to the consignee, a certificate issued by ihe exporter's Bank or Postal appraising Department indicating clearly the postal receipt No., date and amount and cer- titying diat the relevant postal leceipi has been forwarded to the consignee.

(G) Supplies ot materials made to foreign ship-

ping companies as snip-stores :—

(i) Bunk certificate (in original) regarding recei.pt of foreign exchange or Indian Rupees obtained from exchange of foreign currency.

(li) Bank attested invoice.

(iii) One copy of the shipping bill duly authenticated by the Customs in respect of the supplies made to foreign shipping companies.

(IV) Custom Allow Order'' in lieu of the customs authenticated shipping bill wherever not available.

(v) In cases where the applicant is not able to produce the documents at (i) and (ii) above, the licensing autho- rity may accept in lieu thereof a certifi- cate from the Shipping Company or its agent, duly countersigned by Chartered Accountant that (a) ths amount of the bill (full particulars of which should be indicated) has been paid out of the freight earnings of such Company and (b) the expenditure has been or will be shown in the monthly statement of disbursements required to be sub- mitted to the Reserve Bank of India.

(H) Exports of goods sold at international exhi- bitions abroad organised by the Directorate of Exhibitions, Ministry of Commerce :—

Certificate from the Director of Exhibitions, Ministry of Commerce, indicating the full description of goods, the F . O . B. value, the name of the Indian exporter, date of sale and certifying that the pay- ment against the sale in question, has been repatriated to India and surrender- ed to the Indian Exchange Control. The time limit for submission of an applica- tion will be reckoned from the date of Gale.

(I) Export of goods sold at international exhi- bitions abroad organised by the Council of Trade Fans and Exhibitions :—

(i) Certificate from the Council of Trade Fairs and Exhibitions indicating the foil description of goods, the F . O . B. value, the name of the Indian Exporter, date of sale, and certifying that the payment against sales in question, has been re- patriated to India and surrendered to the Indian Exchange Control.

(ii) Bank Certificate^ indicating the recoipt of payment in foreign exchange. The proforma of the Bank, Certificate given in Appendix 4 (Annexure X) may be used with suitable modifications. A lime limit for submission of an applica- tion will be reckoned from the 3at6 6£ payment as shown in the Bank Certifi- cate.

(Where an applicant is unable fo" pro- duce bank certificate .as the documents were not negotiated through the bank, the licensing authority may accept the document in (i) above if it is satisfied on the basis of other evidence that the payment for the goods, in question, has been received through authorised chan- nels).

(J) Exports of woollen carpets for which pay- ments are received locally (either in full or in part), from foreign tourists in the form of (a) foreign currency travellers cheques, (b) crossed foreign bank drafts and (c) per- sonal cheques drawn on foreign bank :—

(i) Bank certificate (in original) of pay- ment issued by the exporter's bank, in the proforma given in Appendix 4 (Annexure X-A),

(ii) Bank attested invoice.

(iii) A Copy of the shipping bill duly authenticated by the Customs, and (iy) In the case of postal exports, original

postal receipt in lieu of shipping bUl.

(v) A copy of the money changer's licence issued to the seller by the Reserve Bank of India.

CK) Sale to foreign tourists of Handicraft and other items listed in paragraph 109(6) (vii) above :—

(i) Certificate true copies of sale vouchers/ cash memos, giving details of (a) name and nationality of the tourists (b) pass- port number of the tourists, (c) details of travellers cheques/crossed foreign bank drafts/personal cheques, drawn on

foreign banks, foreign currency notes and coins, provided the seller of these item possess an authorised money changer's licence from [he Reserve Bank of India, (d) detailed description of the article sold, specifying material of which they arc made and (e) value of each article;

(ii) Bank certificates indicating the number and date of the relevant sale voucher/ cash memo, and showing receipt and surrender to the Indian Exchange Con trol of the relevant foreign currency travellers cheque/ crossed foreign bank drafts/personal cheques drawn on foreign banks. (In the case of personal cheques drawn of foreign banks, the bank should also certify that the pro- ceeds of the cheque hav ebeen realised in foreign echanges as per the Ex- change Control Regulations).

(L) Supplies made for IBRD/IDA aided pro- jects in India where Indian exporter sends export documents to the foreign buyer whq in turn requests the IBRD/IDA for payment to the exporter on his behalf out of the loan granted to him.

(i) Bank certificate showing realisation of sale proceeds hi the form No. II in Annexure X in Appendix 4 tq this book with such deletions/modifications as might be necessary to indicate the receipt of payment in India to the credit of the exporter's account against each individual transaction or invoice. (ii) Shipping Bill duly authenticated by the

Customs.

(iii) Copy of Invoice, indicating inter alia the No. and date of the shipping bill

(iv) Bill of Lading,

(v) Insurance receipt.

(M) Exports of machinery and equipment against Indian equity participation in Joint ventures abroad.

(i) Copy of the invoice—(The invoice should contain a remark, viz-, Exports towards meeting equity participation in a joint venture, namely M/s

(name of place and country) as apprcived in Ministry of Commerce letter No dated , (ii) Export promotion copy of Shipping Bill in respect of each shipment duly authenticated by Customs.

(iii) Chartered Accountant's Certificate m original certifying the CIF/CF/FOB value of exports freight and insurance charges, if any incurred, GR Form No. etc. as in the form in Annexurc XI given in Appendix 4 to this book.

(iv) A copy of Govt./R.B.I.'s sanction permitting the value of exports to be used as equity participation.

(N) Supplies made by Indian linns in India under the aid programmes of United Nations and other multi-national agencies of international prices and paid for in free foreign exchange.

The documents to be submitted and the procedure to be followed for claiming replenishment against these supplies have been separately announced by ihe Ministry of Commerce.

(O) Foreign Exchange earned by consultancy firms by undertaking technical/consultancy work/construction work abroad.

(i) Bank Certificate in original showing the amount of consultancy fees/other chargcs;/construction charges

(ii) No, and date of the Reserve Bank of India's letter, if any, approving the consultancy agreement;

(iii) The amount of foreign exchange re- leased by the Reserve Bank of India for travel etc. abroad of Engineers/ Others together with the No. and date of the permit issued by the RBI.

(iv) Passage money paid in India for book- ing of passage of the personnel.

The particulars at (ii) to (iv) above should be

certified by a Chartered Accountant.

(P) Foreign exchange earned by Ship repairs.

(i) A certificate from the Shipping Com- pany or its agent, duly countersigned by Chartered Accountant that (a) the repair bills (full particulars of which should be indicated) have been paid out of the freight earnings of such Com- pany and (b) the expenditure has been or will be shown in the monthly state- ment of disbursements required to be submitted to the Reserve Bank of India or

(ii) In cases where the repaircharges are received from abroad, a bank certificate showing realisation of foreign exchange on this account along with repair bill duly attested by the bank.

In additicp to the documents mentioned above, an exporter will also be required to furnish any other documents/information as may be considered neces- sary by the licensing authority or is required in terms of the relevant Import Trade Control Policy and Pro- cedure in force.

(4) Where the original copy of the shipping bill has been lost or misplaced, the licensing authority may accept a Customs' attested copy thereof or photostat copy of the Customs' authenticated shipping bill or Customs certificate of shipment issued by the

Customs authorities supported by the applicant's affi- davit to the effect that the original authenticated copy of the shipping bill has been lost/misplaced without having been produced to any authority for claiming any benefit against the exports pertaining to the said shipping bill, and that if it is traced or found later, it shaii not be produced in future tc, claim anv such bene- fit.

Scheme and the licences issued under the impon policy lor Registered Exporters will not be regarded as A.U. licences for the purpose of grant of licences under this policy.

(11) Export houses should produce with their import application a copy of the eligibility certificate issued by the Chief Controller of Imports and Exports, New Delhi, with a declaration that it has not been cancelled or withdrawn.

Sale to foreign tourists of haJidicrajts ana other items,

listed in paragraph 109(6) (Wi) above.

(5). Requests from regular exporters of products other than gem and jewellery items and cinematogra- phic films (exposed), having a large number of export transaction in each quarter, may be considered on merits by the Chief Controller of Imports and Exports, for admission of their applications for reple- nishment on the basis of other documentary evidence such as Charatered Accountant's certificate, indicating therein all the relevant particulars as are contained in the prescribed export documents, provided their annual exports exceed Rs. 50 lakhs, and provided further that the export products qualify only for import replenishment.

(6) Exporters should produce evidence of freight and insurance charges lo the banks concerned to en- able them to verity the f.o.b. value of exports in the Bank certificate. Immediate Rebate allowed by Lhc overseas shipping companies in freight charges at the time of shipment may also be taken into account by the banks while arriving at the f.o.b. value. In cases where the export contract contains a freight*: variation clause, the exporter will be eligbile to claim' replenishment in respect of the foreign exchange realised on account of freight variation.

(7) The applicant should enclose with the appli- cation five copies of the list of items applied for. (Where imports of any of the permissible items are sought to be made frorn the rupee payment area, a separate set of 5 copies of the items to be imported from such area should be sent with the application for import licence).

(8) If an applicant wishes to apply for items on the basis of .U. licence/A.U. release order in terms of the import policy inforce, he should also enclose the original, with a certified copy of such licence (includ- ing list of goods attached to that licence and/or Release Order). If the applicant is unable to produce the original licence and the list of goods, a legible photostat copy thereof may also be accepted. If tho applicant is unable to produce the original Release Order, a legible photostat copy thereof of a certified copy may also be accepted.

(9) For this purpose, the licence/Release Order bearing the following entries against the column "Class of importer'V'Category of Allottee", as the case may be, will be accepted as A.U. licences/A.U. Release Orders: —

(a) Actual User. (b) Raw Materials.

(c) Small Scale Industrial Units.

(10). Capital Goods/H.E.P. licences, the licences issued under the National Defence Remittance li.5. (1) Rgeistered Exporter (dealer) who has been authorised by the Reserve Bank of India to receive payment in foreign exchange agaimt sales made by him Lo the foreign tourists will be eligible to apply tor grant of replenishment licences against sale c(f handicraft and other items listed in paragraph 109(6) (vii) above made to foreign tourists against (i) foreign currency traveller's cheques, (ii) crossed foreign bank drafts, (iii) personal cheques drawn on foreign banks, and (iv) foreign currency notes and coins.

(2) in respect of the sale of these items to foreign tourists in India, following procedure is to be adopted by the authorised registered exporter (dealer) :—

(a) Registered and authorised dealer will be required to maintain printed, serially numbered vouchers books. A specimen vou- cher is at Annexure XII in Appendix 4 to this book;

(b) Each sale voucher will be in triplicate, showing details regarding the name and nationality of the tourists, his/her passport number, description of items sold, the sale value in foreign exchange and the rupee equivalent details thereof;

(c) The original sale voucher will be handed

over to the tourist for his own use;

(d) Tlie duplicate copy of the voucher will be sent by the dealer alongwith the application for replenishment licence at the time of its submission; and

(c) The triplicate copy will be retained by the

dealer for his record.

(3) The authorised dealer will be required to maintain a register containing the following parti- culars :—

(i) Serial Number;

(ii) Number of the sale voucher;

(iii) Date of sale; (iv) Name of the foreign purchaser;

(v) His/her Passport Number;

(vi) Description of the item sold and the mate-

rial of which made;

(vii) Value in rupees; (viii) Equivalent foreign exchange rendered;

Procedure for transfer of Import replenishment licences

(ix) Name of the bank in which foreign cur- rency/traveller's cheques/crossed foreign bank drafts/personal cheques deposited;

(x) Date of deposit; and

(xi) Remarks

This register will bo open to check by Government. lib. (1) The provisions hi regard to transfer are

contained in Part 'B' qf Section I of the Import Trade Control Policy (Vol. II). A merchant exporter or manufacturer exporter desirous of transferring his import replenishment licences in favour of the S.T.C. or MMTC or an eligible export house should make a specilic request tq this effect to the licensing authority in accordance with the prescribed procedure.

(2) The applicant will not be permitted to with- draw the request for transfer once made. Beiore making transter in favour of an eligible export house, the exporter should satisfy himself that the export house holds a valid eligibility certificate.

Import of jigs, tools and machinery by supporting

manufacturers of Export House

(4) Applications for replenishment licences against such sales will be made to the licensing authorities under \vhqse jurisdiction the registered office of the applicant is situated. Applications will be made in the same form as is applicable in the case of other registered exporters. Such applications should be made in respect of sales mode during a period of a quarter, half year and should reach the licensing authorities within a period of three months succeed- ing the last month of the period during which sales were made. The applications should be accompained by the following documents :—

(i) Treasury Receipt for Rs. 50/-;

(ii) Certified true copies of sale vouchers cash memos, giving details of (a) name and nationality qf the tourist (b) Passport number of the tourist, (c) "details of travel- ler's cheques/crossed foreign bank drafts/ personal cheques drawn on foreign banks, (d) detailed description of the articles sold, specifying material of which they are made, and (e) value of each article;

(iii) Bank certificates including the number and date of the relevant sale voucher/cash memo, and shewing receipt and surrender to the Indian Exchange Control of the rele- vant foreign currency traveller's cheques/ crossed foreign bank drafts/personal cheques drawn on foreign banks. (In the case of personal cheques on foreign banks, the bank should also certify that the proceeds c|f the cheques have been realised in foreign exchange as per the Exchange Control Regulations); and

(iv) A Statement of the sales giving details of sale voucher/cash memo, its number and date, description of the articles sold, speci- fying the material of which they are made, the value in rupees of foreigu exchange surrendered, the date of surrendering c(f traveller's cheques/foreign bank drafts/ personal cheques and the date of realisa- tion of foreign exchange in the case of personal cheques, as per specimen proforma at Annexure XIII in Appendix 4 to this book.

(v) Payments on such sales made through credit cards issued by Diners' Club and American Express International will also be elgiible fqr import replenishment under this policy subject to the terms and conditions Jaid down in this para and on evidence of receipt of foreign exchange through authorised banking channel.

117. A registered manufacturer exporter trausfer- ing an import licence to any of the aforesaid agencies against the entire import replenishment admissible to him in respect of his exports in a particular expqrt period may retain a portion of such import entitle- mem, to import jigs, tools and machinery, upto speci- fied value limits as indicated in Part 'B' of Section 1 of the Import Trade Control Policy (Volume 11), in the manner stated below ;—

(a) If the manufacturer-exporter concerned wishes to import jigs, tools, testing instru- ments and equipment for packing and lagg- ing, upto 7.5 takes in a licensing period, Rs. 2 lakhs in the case of jigs, tools and equipment for packing and tagging and Rs. 4 lakhs in the case of testing instru- ments and equipment against the exports made during a particular expert period in terms of the import policy in force, he may apply for an import licence in his name for such goods in accordance with the prescribed procedure, and transfer to the STC/ MMTC or the eligible Export House only for the balance amount. In such cases, if the licence sought to be transferred has already been issued, the licensing authority, while allowing the trans- fer, will suitably reduce the value of the licence to enable the manufacturer-exporter to obtain a separate import licence for the admissible value for import of Jigs, tools etc., from the licensing authority concerned. While reducing the value of the licence, the licensing authority will send an intimation tq this effect to the licensing authority to whom the manufacturer-exporter will apply for import of Jigs, tools etc.

(b) If the manufacturer-expqrter concerned wishes to import plant and machinery upto Rs, 7.5 lakhs against his exports made during a particular export period in terms of the import policy in force, he may apply separately for a licence for these goods in the prescribed form and manner supported by a recommendatiqn of the sponsoring authority concerned. In such

cases, the transfer in favour of STC, MMTC or an eligible Export House can be made only for the balance import replenishment due to the manufacturer-exporter. For this purpose, the manufacturer-cxpcirter can also retain his machinery entitlement every time while transferring the licences to the STC/ MMTC or eligible Export House in order to apply separately for the combined value of such machinery entitlements to obtain the licence up to Rs. 7.5 lakhs in a licensing period as provided in the para 45 in part B' of Section 1 of the Import Trade Control Policy (Volume I I ).

(cj II a manufacturer-exporter has transferred his import licence to STC/MMTC or an eligible Export House fc(r his entire import entitlement in a certain period and the import licence has been transferred to such agency, the manufacturer-exporter may, sub- sequent to the issue of such licence, request for import of plant and machinery against the value of that licence subject to a maxi- mum of Rs. 7.5 lakhs in a licensing period, by producing a written consent of the transferee concerned to this effect to the licensing authority. For this pur- pose, the manufacturer-exporter will also have the facility of combining more than one such licence transferred to such agency against his import entitlements, for import of plant and machinery upto an aggregate of Rs. 7.5 lakhs in a licensing period. While giving its consent, thetransferee con- cerned will surrender the import licences, in question, for a corresponding reduction in their value.

import policy in force. He should verify the eligibility of the nominee with reference to the registration certificate issued to him by the sponsoring authority, and with reference to the actual user licence and/or A.U. Release Order, possessed by him. If the nominee is a registered manufacturer-expor- ter, the registration-cM"i-membership certifi- cate issued to him by the registering autho- rity in the revised form will also contain, in its Pard II, an endorsement by the sponsor- ing authority indicating the end-products manufactured by the unit. A manufacturing unit will not be eligible for nomination if the registration certificate issued to it by the sponsoring authority is endorsed 'pro- visional' or 'temporary', or the registration certificate is endorsed as valid only upto a specified date. A manufacturing unit will also not be eligible for nomination if it does not hold actual user licence/release order issued to him under the A.U. policy for 1973-74, 1974-75 or 1975-76 for the import/allotment of raw material/com- ponents for the manufacture of the same endprciduct on the basis of which the nomi- nation has been made.

(ii) He should ensure that the nominee is not debarred from receiving import licences or allotments of imported goods under the Imports (Control) Order; and

Procedure for nominations

118. (1) The provisions hi regard to nominations are contained in Part 'B' of Section 1 of the Import Trade Control Policy (Vol. I I ). Where a nomination is made in accordance with the relevant policy, the particulars of the nominee should be given in Part 'B' of the application form (Form ' H ), as appearing in Appendix 4 (Annexure VII).

(2) Defective nominations.—An application where the nomination has not been correctly made, will be liable to be rejected by the licensing authority. Jn such a case, an application for licence will be considered to have been received by the licensing authority on the date on which the correct nomination is received.

(iii) He should check up that the nominee is asking for items which are permissible according to the import policy for registered exporters in force. It may be clarified that it will not be permissible for the manufac- turer-exporter or his nominee to claim an item for import on the basis of Actual user licence/A.U. Release Order issued to a different industrial unit even if both the units {i.e. the unit claiming the licence/ Release Order and the unit possessing Actual User licence/Release Order) are owned by the same person or same set of persons or have common l.V.C. Registra- tion/Exemption Number.

(5) In the case of nomination, the registered exporter should produce a photostat/attested copy c|f the A.U. licencc/A.U. Release Order issued to the nominee to enable the licensing authority to determine the eligibility of the nominee under sub-para 118(4) above.

Gem and Jewellery and Cinematographic Films

(Exposed)

(3) Change in nomination.—A licensing autho- rity may allow a change hi the nomination once made with the consent of the nominee, and subject to such restrictions and conditions, as may be prescribed by such authority and subject to the provisions of sub- para 112(2) above.

(4) Before making a nomination, the exporter

should take the following precautions :—

(i) He should ensure that the ncininee is a manufacturer of a product on the basis of which he can be nominated in terms of the 119. (1) In the case of Gem and Jewellery items, the applications for licence will be made only after the sale proceeds of exports have been realised and sur- rendered to the Indian Exchange Control, except in the case of exports made otherwise than on confirm- ed/ought right sale basis. The applications may be made on a quarterly or half yearly basis by registered exporter so as to reach the licensing authority concer- ned within a period of three months from the

Sales to jorelgn tourists oj gem and jewellery items

cud of the quarter or half year during which ttie proceeds oi foreign exchange wer© actually credited to the exporter's account. In the case 01 exports on confirmed/ouL-ngat sale basi^, the applications snouid reach tne licensing authority with- in three months from the expiry of trie period of ex- port, in the ease of advance payments received in respeec of gem and jewellery items, the time limit for submission of applications will be reckoned with reference to the period of export. The application form lor gem and jewellery items is given in Appen- dix 4 (Annexure Xlil-A).

(2) The registered exporters of cinematographic films (exposed) will have the option of filing applica- tions on quarterly or on half yearly basis. In such cases the application should reach the concerned licensing authority, within a period of three months following the quarterly or half yearly period in which the payments were received.

(3) The application should be accompanied by the

following documents :—-

(I) In case of exports of Gem and Jewellery items

made on confirmed outright sale basis :•—

(i) Treasury Challan for Rs. 50/-. (ii) Bank Certificate (in-original) of exports issued by the Exporter's bank as in Form No. I Annexure V of Appendix-4 of this book.

(iiij Copy of Bill of Lading/Airway Bill duly attested by the Shipping Company/Airway Compajiy ((Postal receipt in the case of exports by post).

(iv) Copy of Shipping Bill duly authenticated by Customs (Except in the case of exports by post or V.P.P.).

(v) Copy of invoice duly attested by the

Customs.

(vi) Copy of invoice duly attested by the nego-

tiating Bank.

Note :— The attested invoices should clearly indi- cate that the exports were on confirmed/ outright sale basis.

(II) In the case of other exports of Gem & Jewel-

lery items :—

(a) Treasury challan for Rs. 50/-. (b) Copy of Bill of Lading/Airway Bill duly attested by the Shipping Company/Airway Company (Postal receipt in the case' of ex- ports by post).

(c) Copy of Shipping Bill duly authenticated by Customs (except in the cacs of exports by post or V.P.P.).

(d) Copy if invoice duly attested by the nego-

tiating Bank.

(c) Copy of invoice duly attested by the Customs

(in the case oi, gem and jewellery items).

(f) Bank certificate in original regarding receipt of foreign exchange, as per profofma given in Appendix 4, (Annexure X).

i20. (1) A registered exporter (Jewellery) who pos- messes "Authorised Money Ciiangers" licence issued by the Reserve Bant ot mdia and is approved by the Export Promotion autiiority at Bornoay, Calcutta ana Madras and by the licensing authority at other ports will b^ eligible to apply lor grant oi replcnish- nieni licence againsi sate oi gem and jewellery items made to foreign tourists, wncre payments are received in the manner permissible under the authorised money- changer s licence. In the case of personal cheque drawn on banks outside India, a certificate from the authorised dealer in foreign exchange to the effect that proceeds of the cheque have been realised should be produced. In all other cases, a certificate that the cneques/amounts have been surrendered to the Indian Excnange Conirol would be sufficient.

(2) The registered exporter (Jeweller) who had been previously approved prior to the date of the devaluation and wno stilt possesses the 'Authorised Money Changers" licence, would be considered as "approved" tor the purpose of claiming replenishment in accordance with these provisions.

(3) The registered exporter (Jeweller) desiring to claim benefits under this scheme, who does not possess 'money changers" licence, may apply for such a licence to the Reserve Bank of India in the pres- cribed form and on receipt of the same he may approach the concerned, Export Promotion Council/ licensing authority for approval.

(4) The minimum annual sales that an approved jeweller will be required to make a foreign tourists against realisation of payment in foreign exchange would be equivalent of Rs, 75,000. At the time of seeking approval, the registered exporter (jeweller) will furnish an undertaking to the approving autho- rity concerned at the ports to the effect that (i) a minimum sale to foreign tourist to the value of Rs. 75,000 would be effected during the next twelve months; and (ii) in the event of cancellation by R . B . I, of the licence issued to him, an intimation will be sent by him forthwith to the approving authority concerned.

(5) If the minimum level of sates is not reached within the prescribed period of one year or if the authorised "money changers" licence is withdrawn during the period for any reason the concerned regis- tered exporter (Jeweller) would cease to be entitled to the replenishment admissible against sales to foreign tourists.

(6) Ministry of Commerce and/or Chief Control- ler of Imports and Exports may withdraw the approval given by the approving authority at ports without assigning any reason and recommend cancellation of the licence issued by the Reserve Bank of India,

(7) In respect of the sale of gem and jewellery items to foreign tourists in India, against foreign currency travellers cheques following procedure is to be adopted by the registered approved jewellers i—

(a) Registered approved jeweller will be required to maintain printed, serially numbered

voucher books, the particulars of which should be notilied in advance to the approv- ing authority. A specimen voucher is at Appendix 4 (Anncxure XIV).

(10) Such applications with the documents indi- caicd below shquld be made in respect of sales made during a quarter or half year and should reach the licensing authority concerned within a period of three months succeeding the period during which sales were eiiected.

Documents

(b) Each sale voucher will be in quadruplicate, shqwing details regarding the name and nationality of the tourists, his/her passport number, description of the gem and jewellery items sold; the sale value in foreign exchange and the rupee equivalent details of the foreign currency traveller cheques given by the tourist.

(c) The original sale voucher should be stitched with the tourists passport. The Customs authorities at the time qf departure of the Lourist will detach the voucher and send it to the concerned licensing authority with an endorsement.

(d) The duplicate copy of the sale voucher will be handed over to the tourist for his own use.

(i) Treasury challan for Rs. 50. (ii) Triplicate copies of sale vouchers giving full description of the items sold, their value in Indian rupees, particulars of foreign tourist, his/her passport number, mode of payment and amount of foreign currency travellers' cheques.

(Ui) Bank certificate in original the evidencing receipt of foreign exchange from sales to foreign tourists against travellers' cheques.

(11) The details of products eligible for replenish- ment against sales tq foreign tourists, the extent of replenishment, the items permissible for import, etc. arc given in the policy statement in Section II of the Import Policy Book (Vol. II).

Conditions of import licences issued under the import

policy for Registered Exporters

(c) The triplicate copy of the voucher will be sent by the jeweller along with the applica- tion for replenishment licence at the lime of its submission.

(f) The fourth copy will be retained by the

jeweller for his record.

(8) The approved jeweller will be required to maintain a register containing the following particulars :—

(i) Serial Number.

(ii) Number of the sale voucher.

(iii) Date of sale.

(iv) Description of the item sold.

(v) His passport number.

(vi) Name of the foreign purchaser.

(vii) Value in rupees.

(viii) Equivalent foreign exchange rendered.

(ix) Name of the Bank in which foreign currency

travellers' cheques deposited.

(x) Date of deposit,

(xi) Remarks.

This Register will be open to check by Government.

(9) The registered exporter who is an approved jeweller will be required to submit an application in the prescribed form and manner to the Import and Export Control licensing authority, within whose jurisdiction the registered office of the applicant is situated.

121. (1) .Licences/release orders issued to manu- facturer-exporters.—Import licences for raw materials, components, spares, machinery and other goods, and —also the release orders issued to manfacturer- exporters under the import policy for Registered Exporters shall be subject to the Actual User' condi- tion for the utilisation of the imported goods, as laid down in chapter IV and VI of this book,

(2) Licences I release orders issued to nominees of registered exporters.—Import licences for raw mate- rials, components, spares, machinery and other goods, and also the release orders issutd to manufacturers nominated by registered exporters under the import policy for registered Exporters shall be subject to the 'Actual User condition for the utilisation of the imported goods, as laid down in chapter IV and VI of this book.

(3) Licences/release orders issued to mercliant exporters.—Import licences and release orders issued to merchant exporters under the import policy for Registered Exporters shall be subject to the condition that the licensee shall not sell or otherwise dispose of the imported materials but use them in the manufac- ture of the goods exported provided the manufacture of such goods elsewhere is undertaken on the licensee's account.

(4) Licences/release orders issued to eligible Export Houses.—(i) Import licences and release orders issued to eligible merchandising Export Houses under the Impqrt policy for Registered Exporters, and import licences acquired by eligible Export Houses by transfer from registered exporters under the said policy, shall be subject to the condition that the

imported materials shall be disposed of to actual users engaged in export production. The Export Houses mayalso utilise the imported materials for export pro- duction on their own account in the manufacturing establishment owned by others.

(ii) Import licences acquired by eligible export houses by transfer from registered exporters shall also be subject to such export obligation as may be imposed under the import pclicy for Registered Exporters as in force from time to time.

(5) Transfer of import replenishment licences.— Merchant exporters and manufacturer—exporters may be allowed, on request, to transfer import replenish- ment licences issued to them under the import policy for Registered Exporters, in favour of the State Trad- ing Corporation, or the Minerals and Metals Trading Corporation, or an eligible merchandising Export House, The request for transfer should be supported by a written consent of the proposed transferee. Such transfers will be regulated in terms of sub-clause 5(3) (i) of the Imports (Control) Order, 1955, in accor- dance with the provisions made in the relevant Import Trade Control Policy (Volume IT).

(6) Licences issued against gem and jewellery exports.—Import licences against exports of gem and jewellery will be issued in the name of registered ex- porters under the import policy for Registered Exporters, without the usual 'Actual User' condition imposed on other licences issued under this policy.

organisations for the grant of advance licences or C.C.Ps. or release orders for raw materials required for the execution of firm export orders, will be con- sidered on merits.

(2) Requests for the grant of C.C.Ps. for import of rough diamonds, uncut precious stones/semi- precious stones and undrilled pearls, for processing and re-export to the foreign supplier, will also be con- sidered on merits.

(3) Ordinarily, an export order will be regarded as

a firm order if it is backed by an irrevocable letter of credit or substanial advance payment.

(4) Requests for the grant of advance licences/ Release orders, for the execution of other types of firm export orders with different modes of payment such as sight draft/D,A. basis may also be considered depending on the merits of each case.

Applications to be made to the Regional Licensing

Authorities,

(5) Eligible Registered Exporters should submit their applications for advance licence in the pres- cribed form as in Appendix-4. (Annexure XV) to the Regional Licensing authority concerned within whose jurisdiction the applicant is situated in the following type of cases where :~

(a) where the value of advance licence/release order applied for does not exceed Rs. 25 lakhs.

(7) (1) Clarification regarding Industrial Unit.—

For the purpose of complying with the 'Actual User' condition in respect of imported materials, the manu- facturer-exporters and nominee-manufacturers shall uti- lise the imported materials only in the factory at the address shown in the application against which the licence/release order is issued, and for the purpose for which the licence/release order is issued. The imported materials shall not be used in a different industrial unit even, if the industrial unit holding the licence/release order and the industrial unit in which the goods are used are owned by the same perscai or the same set of persons, or have a common IVC registration/exemption number. This definition of an industrial unit will also apply in the matter of claiming imports of items appearing in the Actual User licences/Actual User Release Orders in terms of the import pcilicy for Registered Exporters as clarified In sub-paragraph 119(4)(iii) of this chapter.

(b) the export order for the execution of which the advance licence/release order is required is backed by an irrevocable letter of credit or where an irrevocable letter of credit will be opened before the goods are exported; Licensing authorities may, however, accept sight drafts/D.A. basis as modes of pay- ment in lieu of irrevocable letter of credit in individual cases on merits. Where there is no letter of credit at the time the application for advance licence is made but an irrevocable letter of credit will be opened before the goods are exported in execution of the export order in question, the appli- cant should specifically say sci in the appli- cation for advance licence);

(2) Conditions applicable to letters of authority—

Where a licence is issued in the name of a canalising agency with a letter of authority in favour of a regis- tered exporter or a nominee of a registered exporter, the letter of authority shall be subject to the same conditions as are appiicabe to the licence/release order in term of sub-paras above, in addition to any other conditions as may be imposed or made applicable.

Procedure for the grant of 'Advance', and Imprest licences (i) Advance Licences

122. (1) Applications from registered exporters, including merchant exporters and design engineering (c) the item(s) for which advance licence/ release order is sought to be issued are from those which appear in Col. 4 against the relevant export product in Section II of the import policy book (Vol-II). or covered by AU licence/AU release order for the same end-product and are open to actual user under the current policy and to the extent permissible.

(d) no export obligation is outstanding against the applicant in respect of an earlier advance licence/release order (Licensing authority may, however, consider on merits cases in which an export obligation apainst one previ- ous advance licence only is outstanding);

(c) the export product for which the advance licence/release order is applied for does not fall in any of the following product groups :—

(i) Stainless Steel Products,

(ii) Gem and Jewellery.

(6) Applications for advance licences against export orders for readymade garments wollen textiles, carpets etc., natural silk fabrics and cellulosic/non-ceUulosic fabrics (broader groups K,L,O,P,V,W,X, in the import policy for Registered Exporters 1975-76 should be addressed to the Joint Chief Controller of Imports and Exports, Bombay (irrespective of the jurisdiction of the licensing office within which the registered office of the exporter is situated. Such applications should also be accompanied by the usual dcicuments prescribed in sub-paragraph (9) below. Jt. CCI&E, Bombay will deal with the applications as per policy in consultation with textile commissioner Bomboy.

(7) In the case of export orders for textile machinery, applications for advance licences should be addressed to the joint Chief Controller of Imports and Exports. Bombay, and routed through the Textile Commissioner Bombay, irrespective of the licensing authority in whose jurisdiction the applicant is situated.

(8) Except in the type of cases referred to in (5) above all other applications for advance licence/release order should be submitted to the Chief Controller of Imports and Exports, New Delhi (Export Promotion Division) with a copy to the regional licensing authority concerned.

(9) Applications should be accompanied by the

following documents : —

(a) Treasury challan for Rs. 50/-.

(b) Original with a certified copy of the export

order, secured by the applicant.

(c) Photostat copy of the relevant irrevocable letter of credit covering full value of the export order.

(d) Any other documentary exidence relevant to the export order and the type of material to be used in the export product.

(e) Five copies of the list of items applied for.

(f) In the case of products the export of which is canalised a certificate from the Canalising Agency concerned to the effect thtit the export contract has been registered with it.

(10) In the case of exports on deferred payment basis, the applicants should also enclose a copy of the Reserve Bank of India's approval for deferred payment terms. Cases where the Reserve Bank of India has given approval to deferred payment in principle only, will not be considered for grant of advance licences.

(11.) Where imports of any of the permissible items are sought to be made from rupee payment area, a separate set of 5 copies of the list of items to be imported from such area should be sent with the application for import licence.

(12) Applications for advance licences/release orders should be filed only by the Registered Office in the case of limited Companies and the Head Office in the case of other Registered Exporters, A branch of a Limited Cctmpany or of a registered exporter can also apply for advance licence/release order for the execution of an export order received by it, provided such branch is separately registered as an exporter or produces evdience to the effect that th eregistration certificate issued to the Limited Company/head office is also valid for the branch in question.

(13) The value for which an advance import licence/release order may be isucd will be within the maximum value as admissible against the particular export product under the import policy for Registered Exporters. Where an advance licence is issued for a value less than the value admissible against the exports made in execution of the relevant export order, the applicant can claim an import licence for the balance amount under the import policy in force, after the exports against the firm order, in question have been made and the bond executed by him has been redeemed, provided that there is no condition to the contrary on the advance licence/release order issued to the party.

(14) The items to be licensed would be those con- sidered essential for the manufacture of the export pro- duct provided such items arc permissible in terms of the policy in force or are allowed in relaxation of such policy on merits.

(15) The licensee shall ordinarily be required to fulfil the export obligation within a period of six months from the date of importation of the first consignment against the advance licence in question. Exports effected prior to the date of importation of the first consign- ment and after the date of application for advance licence may also be considered towards discharge of export obligations, provided that the export documents clearly.indicate that the exports were effected in ful- filment of the specific export order, produced by the applicant at the time of application for advance licence.

(16) Request for following a longer period of time either initially or subsequently by way of extension for fulfilment of the export obligation may also be con- sidered on merits.

(17) Before clearance of the first consignment or before obtaining supplies of the goods against the release order, as the case may be, the applicant will ordinarily be required to execute a bond with Bank gurantee as in proforma at Appendix 33 for an amount equal to 50 per cent of the c.i.f. value of the licence, for fulfiling the export obligation equivalent to the f.o.b. value of the export contract or any such higher f.o.b. value as may be fixed by the licensing authority,

(18) The licensing authority may also accept Ex- port performance guarantee from the EOGC (Export Credit and Guarantee Corporation of Tndia, Express Towers, 1.0th Floor, Nariman Point, Bombay-1) under the scheme evolved by ECGC, In the follow- ing types of cases, the licensing authority may also accept a legal undertaking as per Appendix 35 of this book in lieu of bank guarantee :

(a) Tn the case of manufacturer-exporters who have been exporting their products during the last three years; or

(b) In cases where the value of the advance licence is Rs. 5 lakhs or above (or Rs. 2.05 lakhs or above in the case of manu- facturer—exporters in the small scale sector).

(c) In exceptional circumstances it will be open to the licensing authority to accept only a bank guarantee even in cases referred to in (a) and (b) above having regard to the nature of items sought to be imported against an advance licence.

(19) The bond amount will be liable to forfeiture in the event of the non-fulfilment of the export obli- gation within the prescribed time-limit. This will be without prejudice to the adjustment of excess licensing against the licensee's future A.U., R.E.P. and other licences, de-registration, and any other action that may be taken against the licensee or any other person under the Imports (Control) Order, 1955, as amended. (20) Ordinarily, a second advance licence will not be issued to an applicant in whose case an earlier advance licence with an export obligation is still out- standing.

(21) As evidence of the fulfilment of the export obligation and for the redemption of bond, the licensee will be required to submit the same documents as are to be produced for claiming replenishment licences against past exports under the import policy for registered exporters.

Imprest Licences (Autclmatic Imprest Licensing

Scheme)

123 (1) Applications for the grant of import Licenc- es/release orders under the Automatic Imprest Licens- ing Scheme should be made direct to the regional licensing authorities concerned in the prescribed form as given in Appendix 4 (Annexure XVI).

(2) The application should be supported by :—

(a) Treasury Chalan for Rs. 50/- towards appli-

caticln fee.

(b) A statement certified by a Charted Accoun- tant indiciating the particulars (viz. Number, date and value of REP licences/ Release Oders: and the Serial Number of the export product :

(i) obtained by the applicant in 1974-75 against

his own exports.

(ii) obtained by the applicant in 1974-75 as a nominee against his products exported through others (This will not apply to mer- chandising export houses).

(iii) due to be issued to the aplicant in 1974-75 but adjust against 'Repeat Operation'; and

(iv) due to be issued to the applicant in 1974-75 but. adjusted aganist Advance, Imprest and 'ON' Account' licences issued earlier.

(v) The exporter will as usual give a bank guarantee for 50% of the value of the import licence in discharge of the export obligation. The period for fulfilment of export obligation shall be 3 months from the date of clearance/allotment of the first consignment. The licensing authority may accept a lcgel undertaking in lieu of bank guarantee in cases where the appli- cant has been exporting Gem and lewellery during the last three years.

(c) 5 copies of the list of items sought to be im- ported. (The list should contain items which appeared in the REP licences/Release Orders obtained by the applicant in 1974- 75).

(d) Any cither document as may be necessary

under the policy in force.

(3) Applications for automatic imprest licences made to regional licensing authorities should not be for a value more than Rs. 5 lakhs or 50% of the total value of REP licences/ Release Orders obtained by the applicant dur- ing 1974-75 or due to him in that year but adjusted, as refered to in sub-para 2 above whichever is higher. After the export obli- gation on the first imprest licence has been discharged, the applicant can apply for a second imprest licences in the simple manner as indicated above.

(4) For the fulfilment of export obligation against the imprest licence/Release Order, the appli- cant will be required to execute a bond with bank guarantee or a legal undertaikng as the case may be in the same manner as provided in_ sub-para 122(17) above. In this connection, the provisions of sub-paras 122(18) and 122(19) above will also apply.

(5) Applications for the grant of automatic imp- rest licences/Release Orders and Special imprest licences/Release Orders made to the Chief Controller of Imports & Exports (Ad- vance Licensing Section), Udiryog Bhavan, New Delhi. Such applications should be made in the prescribed from as given in Appendix 4 (Annexure XVT) and should be accompained by the following :—

(a) Documents mentioned in sub-para (2)

above.

(b) A statement indiciating the particulars (Number, date value, endproduct and major raw materials covered) of the actual user licences/Release Orders ob- tained by the applicant during 1974-75. (c) The fob value of exports and the goods expdrted, year-wise, in the previous three financial years.

(d) Particulars of the export obligation, if any, imposed on the ' applicant under Capital Goods licence or indust- rial licence or approval of foreign col- laboration.

(e) Particulars of the arrangement if any, already made for the exports of pro- ducts for the manufacture of which

Semi-precious stones e t c, the existing pro- visions of advance licensing only will apply and application shall lie with the CCI&E, New Delhi.

Advance releases/licensing to producers for production

of colour feature films in 35 mm,

the raw materials is sought to be im- ported, (Also indicate whether the import is proposed to be made against a Customs Clearance Permit cp an im- port licence with Exchange Control Copy, and whether the manufacture will be undertaken hi customs bond or otherswise).

Imprest licences to exporters of Gem Jewellery

124. A special Scheme has been introduced for the grant of imprest licences to exporters of Gem & Jewellery. Applications under this Scheme will be made to the regional licensing authorities. The main features of the Scheme are as under :—

(i) During 1975-76, an exporter can apply for Imprest licences for a total value not exceed- ing the value of advance and REP licences release orders (excluding advance licences under the DTC Schemes) obtained by the exporter during the period 1974-75; the ex- porter will not be required to produce any export order for this;

(ii) At a time, the exporter will not be entitled to a licence for a value more than 2 5% of the entitlement worked out under (i) above 20 per cent of this value will be allowed only by Release Order on MMTC and balance for direct import.

(iii) The second Imprest licence will be issued only after the export obligation against the first licence has been discharged and so on;

(iv) The export obligation will bo worked out by taking 6 5% as the rate of import replenish- ment. If the actual exports made are of higher carat realisation, the export obligation will get reduced proportionately in accord- ance with the import replenishment percent- age of the goods exported;

(v) The exporter will as usual give a bank gurantee for 50% of the value of the import licence in discharge of the export obligation. The period for fulfilment of export obligation shall be 3 months from the date of clearance/ The licensing authority may accept a legal undertaking in lieu of bank guarantee in cases where the value of the licence is Rs. 5 lakhs or above and the applicant has been ex- porting Gem and Jewellery during the last three years.

(vi) The existing provision of advance licensing under DTC Scheme and other advance licences will also continue but an exporter will not be entitled to an advance licence other than DTC if at the time of grant of such licence the export obligation any Tmprcst licence is outstanding; appli- cations for advance licences should be made to CCI&E, New Delhi giving adequate justi- fication; and

(vii) The Scheme of Imprest licence will apply only to import of rough diamonds. For other items i.e. Emeralds, Bubies, Saphlrcs, Pearls and 125. 1) Requests for advance allocation of colour raw stock imported by the Film Finance Corporation, Bombay from General Currency Area, and for import licences tor other requisites, will be entertained from producers intending to produce colour feature films for exports. Such requests will be dealt with on the following basis :—

(i) First stage.—In the first stage, allocations upto the limits indicated below will be made on an under- taking being furnished by the applicant producer to the concerned licensing authority that the allocation/ lioences will be utilised for production of a colour feature film which he would export. This undertak- ing will be in the form of a bond supported by bank guarantee as in sub-par-b(ii) below. The bank gua- rantee will be redeemed after the applicant has fur- nished a separate bank guarantee under sub-para b(i) below pertaining to the same film to be exported.

60 Rolls, 100 Rolls Rs. 5000/- Release of colour negative Release of colour Positive Import licence for. make-up materials Import licence for photo- graphic Paper (colour) and chemi- cals required

Rs. 1500/- (Licence for Rs.5000/- only will be issued during the first stfrge: licences for the balance amount will be issued after half of the negative of the film has been completed).

If a producer should desire to have more raw stock in the first stage' than indicated above, he will have to undertake an additional export obligation supported by bond and bank guarantee equal to 150 per cent of the c.i.f. value of such additional stock released, over and above the amount of obligation arising from the release in the second stage.

(ii) Second stage.—The release of colour positive

will be made on the following conditions :—

Further releases of colour positive will be made on the basis of a bond supported by bank guarantee to be furnished by the applicant-producer to the licensing authority concerned, undertaking to export the exposed film and to realise therefrom and surrender to the Indian Exchange Control proceeds on f.o.b. basis, to the extent of ISO per cent of the positive raw stock released in the 'second stage' or 150 per cent of the total c.i-f, price of the raw stock licence allowed in the 'first stage' whichever is higher.

(2) The amount of bank guarantee to be furnished will be 25% of the f.o.b. value of the export obliga- tion, and the bank guarantee should be valid up to a period of at least on© year after the last date fixed for the fulfilment of export obligation.

(3) The period of fulfilment of export obligation will be two years from the date of the first release of rnw stock under the 'second stage'. When the producer does not avail himself of any release under the 'second

second copy of the contract will be retained by the bank for its own records.

stage', the period of fulfilment of the original under- taking furnished by him for allocation under; first- stage' would be two years from the date of the under- taking.

Advance allocation of raw stock to merchant-exporters

(5) Only such contracts will be acceptable for regis- tration which arc firm contracts (final offer and accep- tance) between the overseas buyer and the registered exporter, and clearly indicate all the relevant particu- lars such as overseas buyers' name and address, des- criptions of the products to be exported total value of the contract, details of delivery schedule, terms of pay- ment and other relevant particulars. For the purpose of determining the date of contract, the date on which all the terms and conditions have been finally settled, will be taken as the crucial date of contract.

release of colour positive imported by the Film Finance Corporation, Bombay from the G.C.A. for production of "extra prints" for export, will be considered on merits subject to the applicant undertaking to export exposed prints and to realise therefrom and surrender to the Indian Exchange Con- trol, proceeds on f.o.b. basis to the extent of 150 per cent of the c.i.f. value of the release made.

(ii) In the case of advance releases of colour posi- tive for extra prints, the amount of bank guarantee will be 25% of the value of the export obligation.

(5) For non-fulfilment of the export obligation the, provision of para 122(15) will apply mutatis mutan- dis.

(6) Tf there are any variations/modifications in the delivery schedule of the export product as given origi- nally in the contract, subsequent to its finalisation, the registered exported should produce necessary docu- mentary evidence along with the original contract to the bank concerned. The bank will thereupon send an intimation to the licensing authority concerned, in continuation of the earlier communication with which a copy of the contract was forwarded.

(6) Applications for advance releases/licences under these provisions should be made through the State Trading Corporation.

Procedure for Registration of Contracts

(7) In the event of the cancellation of the contract, the registered exporter should within 15 days, request the bank concerned for cancellation of the registration of the contract. The bank should, in turn, send the necessary intimation to this effect to the licensing authority concerned.

Adhoc licences to consultancy firms 126. (1) A scheme has been introduced providing for certain benefits under the import policy for Regis- tered Exporters in respect of exports made in execution of registered contracts. The details of the scheme and the contracts qualifying for registration, are given in the relevant Import Trade Control Policy (Volume II). Exporters claiming benefits of the scheme should have their contracts registered in accordance with the pres- cribed procedure.

127. Applications for the grant of ad-hoc licences in favour of consultancy firms may be made by such firms in the prescribed form as given in Appendix 4 (Annexurc XVITI) to the regional licensing authorities concerned.

Machinery Items (machinery, jigs, tools, equipments, instruments etc.)

(2) The contracts in question, should be got regis- tered bv authorised dealers in foreign exchanges i.e. the banks through which the relevant export documents are negotiated. The registered exporter should ;ip- proach the bank concerned within a period of 30 days from the date of the firm export contract. The regis- tered exporter should produce the original contract with two copies thereof and an abstract of the contract in the proforma appearing in Appendix 4 (Anncxure XVII). The abstract should indicate the date of the contract and latter's stamp.

127A. Requests for grant of import licences for machinery items, etc. according to the provision of the import policy for registered exporters may be made in the prescribed form as in Appendix 4 (Annexure XIX). The following procedure should be followed by the applicants while applying for import of machinery etc. permissible to them under paragraph 45(i) to (viii) of Pan 'B' in Section I of Import Policy Book (Vol. IT) :_

(3) The authorised dealer in foreign exchange, i.e. the bank concerned will register the contract in its re- cords and make the following endorsement on the origi- nal and both the copies of the contract :—

"This contract has been registered with us and

(a) Applications should be made in the form appearing in Appendix-4 (Annexure XIX). No applications fees will berequired to be paid in respect of such applications.

entered in" our records under registration No dated The date of the contract has been verified to be

Signature

(b) Applications should be addressed to the regional licensing authority under whose jurisdiction the applicant is situated for the purpose of licensing under the import policy for Registered Exporters.

Stamp oF the bank"

(4) The bank will return the original export con- tract to the exporter and forward one copy bearing endorsement of registration, to the licensing authority within whose jurisdiction the exporter is situated. The

(c) The DGTD units should send their applica- tions through the DGTD, New Delhi (Ex- port Promotion Cell) also mentioning there- in the name of the concerned regional licensing office. The DGTD will forward 5 -1 CO of T &E/75

^{2 8 6} / ⁶⁶ THE GAZETTE OF INDIA EXTRAORDINARY

[PART I—SEC. I

Part 'B', the applicants should apply direct to the licensing authorities concerned giving particulars of the import licences against which the items are sought to be imported.

(f) In cases covered by sub-para 45(vii) in Part 'B' applications may be made direct to the licensing authorities concerned if the items sought to be imported are permitted for import under the policy in force. In respect of other items, such applications should be made through the DGTD, New Delhi (Export Promotion Cell). The DGTD will scrutinise the applications from indi- genous angle and forward the same to the regional licensing authority concerned with its comments. Thereafter, the procedure as indicated in (c) above will be applicable to these cases.

Additional items

the application to the regional licensing authority concerned with their recommen- dation after scrutinsing the application both in regard to essentiality for import and indi- genous angle and an intimation to this effect will be sent to the applicant. Based on such intimation, and within six months thereof, the applicant will be requir- ed to approach the licensing authority for the grant of import licence for plant and machi- nery etc. against import entitlements under the import policy for registered Exporters as permissible under paragraph 45 of Part 'B' in Section I of Import Policy Book (Vol. II). While approaching the licensing authority, the applicant will be required to give particulars of the import licences issued to him under the import policy for Register- ed Exporters or of Import applications made by him under the import policy for Register- ed Exporters, against which the plant and machinery etc. as permissible under the pro- visions of the import policy for Registered Exporters, is sought to be imported.

128. The proforma for recommending additional item of import in terms of the import policy for Regis- tered Exporters is given in Appendix 4 (Annexure XX).

128A. Provisions regarding the following matters

are contained elsewhere in this book :—

Miscellaneous

(d) The units other than those borne on the books of the DGTD including the small scale units, should make their applications through the sponsoring authorities concerned. The sponsoring authority will scrutinise the appli- cation from the essentiality angle and for- ward the same with its recommendation to the DGTD, New Delhi (Export Promotion Cell). The DGTD will scrutinise the appli- cation from indigenous angle and forward it to the regional licensing authority concerned, with its comments. Thereafter, the proce- dure as indicated in (c) above will be applicable to these cases.

(e) In cases where the applications for import of jigs, tools, instruments etc. will be consi- dered without the recommendation of the sponsoring authority and without indigenous clearance as indicated in sub-para 45(iii) in (i) Period of validity of the licence,

(ii) Flexibility in the use of licences,

(iii) Issue of letters of authority.

(iv) Issue of replacement licences.

(v) Changes in the name, constitution or owner-

ship of the concern.

(vi) Appeals against the decision of the licensing

authority.

(vii) All other matters not specifically dealt with

in these provisions.

CHAPTER VI

IMPORT LICENSING OF CAPITAL GOODS, HEAVY ELECTRICAL PLANT AND MACHINE

TOOLS

(A)—CAPITAL GOODS SCHEME

Cases requiring industrial licences or registration with

D.G.T.D.

Definition

129. (1) "Capital Goods", as envisaged in this scheme, comprise such items of Plant and Machinery as are required for new instalations, or replacements or for the expansion of existing projects or subsidiaries thereof,

(2) Broadly speaking, the C. G. Scheme applies to the following goods classified under Parts II, III, V and VI of the I.T.C. Schedule as detailed below :—

PART II(a) S. No. 36—All goods included in S.

Nos. 36(1), 36(2), 36(3), 36(4) and 36(5).

(b) S. No. 37(1)—All Jute and Hemp textile machinery covered by this S. No. comprising princi- pally :—

(i) Grey Winding Frames. (ii) Colour Winding Frames, (iii) Ordinary Warping Machines with Creeds.

(iv) High Speed Warping Machines with Cone

Creels.

(v) High Speed Cone Winders, (vi) High Speed Bobbin Winders. (vii) Sizing Machines.

(viii) Drawing in frames, looms, tape looms, sew- ing thread ball making machines, cumbli finishing machinery.

(c) S. No. 37(2)—Component parts of machinery

covered by S. No. 37(1),

PART III (a).—All textiles machinery and plant and component parts thereof (other than cotton textile machinery) of the following description :—

(i) S. No. 4—All goods included in S. Nos

4(1), 4(2), 4(3), 4(4) and 4(5).

(ii) S. No. 5(1)—Looms, tape looms, wool carding machines, wool spinning machines, silk looms, silk throwing and reeling Machi- nes, silk twisting machines,

(b) Ah" cotton textile machinery and plant and hosiery knitting machinery and spares and component parts thereof of the description given in Appendix 20 to this book falling under S. No. 4, 5 and 6 of Part III.

PART V.—All goods included in S. Nos. 65(1V

65(2), 65(3), 65(4) and 65(5).

PART VI.—All items included therein.

130. (1) Applicants for the import of capital goods required for the expansion of industrial undertakings or for the setting up of new industrial establishments for the manufacture of any items mentioned in the First Schedule to the Industries (Development & Regula- tion) Act, 1951, as amended, should first apply to the Ministry of Industry Civil Supplies, New Delhi, for a licence under the mt for the proposed expansion/ installation of the undertaking in question. In cases where an industrial licence is necessary, the import licence for capital goods will be issued, if otherwise admissible, only after an industrial licence has been obtained by the applicant. In such cases the applica- tion for import of capital goods will not even be enter- tained before the applicant has obtained a Letter of Intent from the Ministry of Industry and Civil Supplies New Delhi.

(2) In terms of Government Notifications No. IDRA/29/B/70/ dated 19th February, 1970, and No. IDRA/29B/70/3 dated 28th February, 1970, certain types of industries have been exempted from obtaining an industrial licence under the Industries (Development and Regulation) Act. In terms of the policy announced covering such units in the said Noti- fications, and also interms of any further Public Notices that may be issued in this regard applications for import of capital goods may be made to the Chief Controller of Imports and Exports indicating inter-alia that the total investment and total 'capital goods" im- port requirements and also requirements of imported raw materials for the full project after implementation, would be within the limits specified for industrial units exempted from provisions of licensing under the Indus- tries (Development and Regulation) Act. A declara- tion in regard to the above may also be submitted to- gether with the capital goods import application, in order to facilitate speedy examination.

(3) All applications for capital goods imports must be accompanied by a photostat copy of the Industrial Licence/Registration certificate (as may be applicable). Parties who hold valid Letters of Intent (which have not yet been converted into licences under the Indus- trial Act) may also apply for import of Capital Goods with photostat copies of the Letters of Intent held by them so that their import applications may be process- ed, but in their case, import licences would issue only after the Letters of Intent held by them have been con- verted into valid Industries Act licences.

(4) In cases where foreign collaboration is involv- ed, the import application for capital Goods should be accompanied by a photostat copy of the letter contain- ing approval of foreign collaboration terms issued to the applicant.

Applications for Capital Goods

131. (1) With a view to expediting the disposal of applications for import licences for Capital Goods, a separate division exists in the office of the Chief Con • troller of Imports and Exports, New Delhi.

(2) (a) Applications for import licence for Capital Goods should be made, in quadruplicate in the pres- cribed application form 'E' ('CG') given in this book, together with 7 copies of the list of goods pro- posed to be imported.

Calcutta, in the case of other industries mentioned above. Such applications need not be made through the sponsoring authorities.

(8) Applications of a value exceeding Rs. 25,000/- (or exceeding Rs. 50,000/- for import from Rupee Payment Area in case of SSI Units) but below Rs. 10 lakhs for imports from countries other than Rupee Pay- ment countries and below Rs. 20 lakhs for imports from Rupee Payment countries should be made direct to the Chief Controller of Tmports & Exports (CG Cell) Udyog Bhavan, New Dclhi-11. Such applications need not be made through the sponsoring authorities.

(9) Applications of a value in excess of the value limits indicated in sub-para (8) above should be made direct to the Secretariat for Industrial Approvals (Cen- tral Receipt and Despatch Section), Ministry of Indus- try and Civil Supplies Udyog Bhavan, New Delhi-11.

Industries other than DGTD Units, SSI Units and Tex-

(b) The applications should be accompanied by (i) I.V.C. Registration/Exemption Number, and a photo- stat copy of the IVC number valid for the licensing period in which the import application is made, if the applicant does not have I.V.C. number valid for the period in which the application is made he should pro- duce a photostat copy of the earlier I.V.C. Number held by him (ii) Treasury Receipt towards the pay- ment of requisite application fee on the value applied for, (ii) any other document/information considered necessary or required in terms of the policy in force.

DGTD Units

(3) Applications for a value below Rs. 10 lakhs for imports from countries other than Rupee Payment countres or below Rs. 20 lakhs for imports from Rupee Payment countries, should be made direct to the Chief Controller of Imports & Exports (CG Cell), Udyog Bhavan, New Delhi-11. Such applications need not be made to the DGTD.

(4) Applications for a value In excess of the value limits indicated in Sub-para (3) above should be made direct to the Secretariat for Industrial Approvals (Cen- tral Receipt and Despatch Section), Ministry of Indus- try and Civil Supplies, Udyog Bhavan, New Delhi-11.

tile etc. referred to above. (10) Applications of a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import from Rupee Payment Area in case of SST Units), should be made direct to the regional licensing autho- rities concerned. Such applications need not be made through the sponsoring authorities.

(11) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area in the case of SST Units) should be made direct to the Chief Controller of Tmports & Ex- ports (CG Cell), Udyog Bhavan, New Delhi-11, pro- vided that the value of such applications is below Rs. 10 lakhs for imports from countries other than Rupee Payment countries and below Rs. 20 lakhs for imports from Rupee Payment countries. Such appli- cations need not be made through the sponsoring authorities.

Small Scale Industrial Units

(12) Applications of a value in excess of value limits indicated in sub-para (11) above should bz made direct to the Secretariat for Industrial Approval' (Central Receipt and Despatch Section), Ministry of Industry and Civil, Supplies Udyog Bhavan, New Dclhi- 11. Such applications need not be made through the sponsoring authorities.

Export Oriented Industries

(5) Applications of a value not exceeding Rs. 25,000 or not exceeding Rs. 50,000/- from Rupee Payment Area) should be made direct to the regional licensing authorities concerned. Such applications need not be made through the sponsoring authorities. In respect of such applications, indigenous clearance from the DGTD will not be necessary if the items to be imported are mentioned in Appendix 80 to the Im- port Trade Control Policy (Red Book-Vol-I) for April 1975— March 1976 period.

(6) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area) should be made direct to the Chief Controller of Imports & Exports (CG Cell), Udyog Bhavan, New Delhi-11. Such applications need not be made through the sponsoring authorities.

(13) Applications of export-oriented industries referred to in paragraphs 145 in this Chapter should be made direct to the Secretariat for Industrial Appro- val (Central Receipt & Despatch Section), Ministry of Industry and Civil Supplies Udyog Bhavan New Delhi- 11, and not to the Ministry of Commerce (Export Production).

Import of Mining Equipment

Textile, Jute Hemp& Rope, Coal, Querries and Tea

Industries—both In the large and small scale sectors.

(7) Applications of a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import from Rupee Payment Area in case of SST Units) should be made direct to the regional licensing authorities con- cerned, namely, the Joint Chief Controller of Tmports and Exports Bombay, in the case of textile industry and the Joint Chief Controller of TmporN & Exports, (14) Applications for import of mining equipment (other than coal minirvj equipment) from mining in- dustry should be made direct to the Chief Controller of Imports and Exports, (CG Cell) New Delhi, provid- ed that the value of such applications is below Rs. 10 lakhs for imports from countries other than Rupee Payment Countries and below Rs. 20 lakhs for imports from Rupee Payment Countries. Such applications need not be made through the sponsoring authorities.

(15) Applications of a value in excess of value limits indicated in sub-para (14) above should be made direct to the Secretariat for Industrial Approvals (Cen- tral Receipt and Despatch Section), Ministry of Indus- try and Civil Supplies, Udyog Bhavan, New Delhi-11. Such applications need not be made through the spon- soring authorities.

consider the import essential, he will for- ward the application to the Chief Controller of Imports & Exports recommending rejection;

Garment making industry

(16) Applications of a value not exceeding Rs, 25,000 (or not exceeding Rs. 50,000 for import from Rupee Payment Area in the case of SSI Units), should be made direct to the joint Chief Controller of Imports & Exports, Bombay should be made direct to the Joint Chief Controller of Imports & Exports, Bombay. Such applications need not be made through the sponsoring authorities.

(17) Applications of a value not exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area in the case of SSI Units) should be made direct to the Chief Controller of Imports & Exports (CG Cell), Udyog Bhavan, New Delhi-11, provided that the value of such applications is below Rs. 10 lakhs for imports from countries other than Rupee Payment countries and below Rs. 20 lakhs for imports from Rupee Payment countries. Such applica- tions need not be made through the sponsoring authorities.

(18) Applicaions of a value in excess of value limits indicated in sub-para (17) above should be made direct to the Secretariat for Industrial Approvals (Central Receipt & Despatch Section), Ministry of Industry and Civil Supplies, Udyog Bhavan, New Delhi-11. Such applications need not be made through the sponsoring authorities.

(iii) If the DGTD consider the import essential, he will scrutinise the item applied for from tlic indigences angle. In case, all the items sought to be imported, are available from indigenous sources, the DGTD will again forward the application to the Chief Con- troller of Imports & Exports, recommending rejection, indicating the names of indigenous manufacturers in respect of items not already covered by the Hand Book of Indigenous Manufacturers.

(iv) Where the DGTD consider the import essen- tial and the items applied for are not avail- able frqm indigenous sources, the applica- cations will be forwarded to the Chief Controller of Imports & Exports with his recommendations for the grant of a licence in respect of items considered essential and not available indigenously. While forward- ing the application tq the Chief Controller of Imports & Exports with a recommenda- tion the DGTD will also send therewith five copies of the lists of goods recommend- ing for import including one copy duly attested by htm.

(v) Applications will be considered further based on the recommendations of the DGTD in terms of the import policy in force and sub- ject to the availability of foreign exchange; and

Import of Instruments etc.

(19) The procedure as indicated in the foregoing sub-paras for submission of applications for import of machinery will also apply to applications for impcirt of instruments, Testing Machine, Testing Equipment, Weighing Machine, Laboratory Equipment, Tools and Tackles.

(.vi) In respect of applications of a value nc,t exceeding Rs. 25,000 the DGTD will also indicate in his recommendation the mode of financing against which import is recom- mended.

Procedure for processing of applications for Capital

Goods

DGTD Units

(2) Applications received direct by the Secretariat for Industrial Approvals, if complete in all respects, will be forwarded to the DGTD, for their comments on essentiality of import and indigenous clearance The recommendations of the DGTD will be considered further by the CG Main Committee in terms of the Import Policy in force and subject to the availability of foreign exchange. The Secretariat for Industrial Approvals will forward these applications with the decision of the CG Main Committee to the Chief Controller of Imports and Exports (CG Cell) New Delhi for further processing.

Small Scale Units

132(1) In the case of applications for import of Capital Goods received direct by the Chief Controller of Imports &Exports (CG Cell), the following pro- cedure will be followed : —

(i) After registration in the office of Chief Controller of Imports & Exports (CG Cell) the applications will be referred to the DGTD for their recommendations regarding essentiality lor import and clearance from indigenous angle;

(ii) These applications will be scrutinised by the DGTD from the point of picw of essentia- lity for imports. If the DGTD does not (3) Small Scale Units for value not exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area).-—In respect of import applica- tions for Capital Goods from Small Scale Units for value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- I'or import from Rupee Payment Area) the following procedure will be followed :—

(i) The licensing authority will forward one copy of the application to the sponsoring authority concerned for his recommenda-

tion regarding essentiality for import. An- other copy will be sent by the licensing authority to the DGTD (Coordination Cell), Udyog Bhavan, New Delhi, for their recommendation from indigenous angle in respect of the machinery squght to be imported except in cases where the items sought to be imported are mentioned in Ap- pendix 80 to Red Book (Vol-I) for 1975- 76 and

(9) Applications of a value exceeding Rs, 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area) and received direct by the Chief Con- troller of Imports & Exports, New Delhi, will be pro- cessed in the same manner as indicated in sub-para (4) above.

10. Applications received direct by the Secretariat for Industrial Approvals may be processed in the same manner as indicated in sub-para (2) above.

Import of Mining Equipment

(ii) The applications will be considered further by the licensing authority based on the recommendation of the sponsoring authority and comments of the DGTD in terms of the import policy in force and subject to the availability of monetary ceiling.

(4) Small Scale Units for value exceeding Rs. 25,000 (or exceding Rs. 50,000/- for import from Rupee Payment Area) In respect of import applica- tions for Capital Goods from Small Scale Units for value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area) the following procedure will be followed:—

(i) The Chief Controller of Imports & Exports (CG Cell), after registering the application, will forward a copy thereof to the sponsor- ing authority concerned for his recommenda- tion regarding essentiality for import;

(ii) Indigenous clearance in respect of the machinery sought to be imported will be obtained by the Chief Controller of Imports & Exports (CG Cell) from DGTD; and

(iii) Applications will be considered further by the Chief Controller of Imports & Exports, on the recommendations of the sponsoring authority and the DGTD in terms of the import policy in force and subject to the availability of foreign exchange.

(11) Applications received direct by the Chief Controller of Imports & Exports will be processed as under:—

(i) The CCI&E (CG Cell) after registering the application, will forward a copy thereof to the Department of Mines & Metals for their recommendation regarding essentiality for import.

(ii) Indigenous clearance in respect of the machinery sourght to be imported will be obtained by the CCI&E (CG Cell) from DGTD.

(iii) Applications will be considered further by the Chief Controller of Imports and Exports, on the recommendations of the sponsoring authority and the DGTD in terms of the import policy in force and subject to the availability of foreign exchange.

Textile, Jute Hemp & Rope, Coal, Querries and Tea

Industries both in the Large & Small Scale Sector

(5) Applications of a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import from Rupee Payment Area in case of SSI Units) will be processed in the same manner as indicated in sub- para (3) above.

(12) Applications for import of mining equipment (other than coal mining equipment) from mining industry received direct by the Secretariat for Indus- trial Approvals, if complete in all respects, will be forwarded to the Department of Mines and Metals/ DGTD for their recommendations in regard to essen- tiality and indigenous clearance. The recommenda- tions of the Department of Mines and Metals and DGTD will be considered further by the CG. Main Committee in terms of the import policy in force and subject to the availability of foreign exchange. There- after these applications will be forwarded to the Chief Controller c| Imports and Exports (CG Cell), New Delhi for further processing.

Garment making machinery

(6) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area in the case of SSI Units) and received direct by the Chief Controller of Imports & Exports, New Delhi will be processed in the same manner as indicated in sub-para (4) above.

(7) Applications received direct by the Secretariat for Industrial Approvals may be processed in the same manner as indicated in sub-para (2) above. Industries other than DGTD Units, SSI Units and

Textile etc. (8) Applications of a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import from Rupee Payment Area in case of SSI Units) will be processed in the same manner as indicated in sub- para (3) above.

(13) In respect of import applications for import of machinery of a value not exceeding Rs. 25,000 (or not exceding Rs, 50,000/- for import from Rupee Pay-i ment Area in the case of SSI Units) the following procedure will be followed :—

(i) The licensing authority will forward one copy of the application to the sponsoring authority concerned for his recommendation regarding essentiality for import. Another copy will be sent by the licensing authority to the Textile Commissioner Bombay or to the DGTD (Coordination Cell), Udyog Bhavan, New Delhi, as the case may, for their recommendation from indigenous angle in respect of the machinery sought to be imported except in cases where the items

sought tobe imported are mentioned in Ap- pendix 80 to Red Book (Vol-I) for 1975- 76; and

(ii) The applications will be considered further by the licensing authority based on the re- commendation of the sponsoring authority and the comments qf the DGTD/Textile Commissioner, in terms of the import policy in force and subject to the availability of foreign exchange.

(14) Applications for import of machinery of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area in the case of SSI Units) and received direct by the Chief Controller of Imports & Exports (C.G. Cell), the following pro- cedure will be followed :—

(i) The Chief Controller of Imports & Exports (C.G. Cell), after registering the application, will forward a copy thereof to the spcfisor- ing authority concerned fjor his recom mendation regarding essentiality for import;

(ii) Indigenous clearance in respect of the machinery sought to be imported will be obtained by the Chief Controller of Imports & Exports (C.G. Cell), from DGTD or the Textile Commissioner, as the case may be; and

(in) Applications will be considered further by the Chief Controller of Imports & Exports, on the recommendations of the sponsoring authority and the DGTD/Textile Cornis- sioner, in terms of the import policy in force and subject to; the availability of foreign exchange,

(15) Applications received direct by the Secre- tariat tor Industrial Approvals, if complete in all respects, will be forwarded to the DGTD/Textile Commissioner, lor their comments on essentiality of import and indigenous clearance. The recommenda- tions c|£ the DGTD/Textile Commissioner will be considered further by the CG Main Committee in terms of the import policy in force and subject to the availability of foreign exchange. The Secretariat for Industrial Approvals will forward these applications with the decision of the CG Main Committee to the Chief Controller of Imports and Exports (C.G. Cell) New Delhi for further processings.

testing equipment, weighing machine, laboratory equipment, tools and tackles.—Applications from actual users for the import of instruments, testing machines, weighing machines, laboratory equipment, toqls and tackles, etc. will be considered by the licensing authorities in the same manner as those for the import of capital goods.

134. Intimation to licensing authority regarding utilisation of licences for import of capital goods/ heavy electrical plant.—(1) Import licences for capital goods/heavy electrical plant will be issued subject to the following condition in addition to any other con- dition (s) as may be imposed on or applicable to such licences :—

"It is also a condition of this licence that a half yearly return in the attached pro- forma shall be furnished by the licence to the Director of Statistics, Office of the Chief Controller of Imports and Exports, New Delhi, indicating the progress in utili- sation of the licence by way of orders plac- ed/letters of credit opened, actual imports and remittances made against the licence as on 28th February and 31st August each year, together with expected dates of future shipments. The return for each half year shall be furnished within a period of 15 days from the close of the half year as indicated." The profqrma in which the licensee will be required to furnish the half yearly returns is given in Appendix 22 to this book.

(2) The import licences for capital goods/heavy electrical plant will also be subject to the following conditions inter alia :—

(i) The goods imported under this licences will be utilised in the licence holder's factory for which the imports have been approved and no portion thereof will be sold or transfer- red or permitted to be utilised by any other party or pledged with any financier qther than banks authorised to deal in the foreign exchange and State Finance Corporation, provided that the particulars of the goods to be pledged are reported by the licensee in advance to the licensing authority.

(ii) The goods covered by this licence shall be

Applications for amendment of C.G. licences

(16) Applications for minor amendments should be sent by the licensee direct to the licensing autho- rity concerned. Where an amendment in value or description of goods is sought to be made, the appli- cation should be made through the DGTD in the case of units borne on his list, and through the sponsoring authority concerned in the case of other units. Appli- cations for an increase in value not more than 10 per cent of the original value of the licence may be made direct to the licensing authority concerned.

used onlj for the manufacture of . . . . . . .. [Name oi end-products(s) and for the capacity licensed under the Industries (Dev. Reg.) Act, 1951 or approved by Govern-

ment],

(iii) The import of spare parts against this licence shall be governed by the provisions of paragraph 151 of the Import Trade Con- trol Hand Books of Rules & Procedure in force at the time of shipment of the goods.

Import of instruments etc.

133. Import of instruments, testing machines and

(3) Import licence for Capital Goods will be issued for c.i.f. value but the licensing authorities will endcrse the licence indicating separate amounts in respect of (i) f.o.b. value of equipment, (ii) freight and (iii) insurance, it shall be a condition of the licence that the amount paid in respect of each of these shall

not exceed the amount as specified in the LiceDce or the actual amount charged, wheihever is lower.

135. Submission of full particulars and description oj capital goods.—(1) Applicants are requested to give full particulars and description of the plant required, importers of such items of machinery and piant as are manufactured within the country with reasonable performance and delivery periods wiil be required to make it clear to their foreign suppliers at the outset that they (foreign suppliers) will be required to give a guarantee in regard to the performance of the equipment in question notwithstanding the fact that a part of the piant (which will, of course, be ol proved efficiency) may have to be purchased from in- digenous sources.

(2) Applicants should also furnish with their

import applications, the following, namely :—

(i) Attested or photostat proforma invoice, in duplicate, in support of the c.ii. value of the equipment applied for, or other satisfactory and acceptable evidence in support of the c.ii. price. The proforma invoice or other evidence produced in this regard should indicate separately the amount to be incurred on account of (i) freight and (ii) insurance, as included in the c.i.f. price declared by the applicant in his import application. (ii) Detailed list of the equipment with a break- up of the individual c.i.f. value q£ each major item, and

(iii) Manufacturer's illustrated descriptive pam- phlets, wherever available, giving detailed specifications for ascertaining whether the plant is available indigenously or could be fabricated within the country,

(a) Applicants for import licences for capitals goods should clearly specify the country or countries from which imports are to be made. It is nc(t enough to indicate a currency area in vague terms.

(b) Applicants should indicate alternative sources of supply so that, in the event of they being given an import licence against credits available to the Government they would be in a position to find any of the alternative indicated.

(c) Applicants should clearly indicate whether in the event of they being given an import licence against credits available to the Government they wciuld be in a position to find the rupee resources to take advantage of the licence.

(d) No column of the application should be left

blank.

(2) Applicants who would like to approach financ- ing institutions referred to in para. 143(b) below for foreign exchange lqans for importing machinery and capital equipment should mention this specifically against coiumn 5.2 of the application for import of capital goods (Form ' £ ' ). In such cases, a special procedure will be followed for processing the import application. In such cases, a quick scrutiny will be made by the D.G.T.D. with a view to ensuring that the imports asked for are broadly in conformity with the manufacturing scheme and do not include items which are ordinarily not allowed to be imported. On the basis of such scrutiny the application will be fualitir processed, and if approved in principle, the applicant will be informed that he may negqtiate with the financial institution(s) for foreign exchange loan up to a specified amount. The final fist of goods will however, have to be scrutinized in the usual manner by the D.G.T.D. after the firm has applied to the instilution(s) in the prescribed form and manner; and the loan amount as well as the import licence will be based c(n the value of imports agreed to by D.G.T.D.

Advertisement to be made by applicants

(3) Applicants arc also advised to inform the foreign suppliers, particularly where imports are sought owing to inordinately delayed delivery periods quqled by indigenous equipment manufacturers, that they would have to adhere to delivery dates promised and that the import licences (granted under such circumstances) may not be further revalidated except with penalties to be paid by importers, against which the latter may also cover themselves with penal provisions for delayed delivery,

(4) While recommending the application for import of capital goods, the sponsoring authority should also give full justification for certifying essen- tiality for import. The recommendation of the sponsor- ing authority should be recorded in Pan 111 of the application.

(5) In cases where import of capital goods is cleared from indigenous angle on the condition that fro the ba- lance equipment orders should be placed with the indi- genous manufacturers of machinery, capital goods im- port licence will be issued only after the applicant has placed firm orders with the indigenous orders or docu- mentary evidence to that effect to licensing authority." (Notice to indigenous manufacturers)

137. (1) As a step towards import substitution, it has been decided that applicants whose requirement in respect of capital goods or machine tools exceeds Rs. 7.5 lakhs in value, should advertise their require- ments in the manner stated below, so that th£ indige- nous manufacturers have an opportunity of offering to supply the goods in question. The value limit of Rs. 7.5 lakhs is exclusive of the value of machinery listed in Appendix 80 of the ITC Policy (Red Book- VoL-I)

Important hints to applicants of capital goods

136. (1) It is of utmost importance that : —

(2) Tlie advertisement should indicate, inter-alkt, full specifications, make, model and other detailed particulars of the machinery or equipment or machine tools etc., sought to be imported, the desired period cf delivery and other relevant information. It shoud be specifically indicated in the advertisement whether the drawings in respect of the required machinery or equipment, etc., would be provided.

(3) The advertisement should be published either in the Indian Trade Journal (as display advertisement) issued by the Director General of Commercial Intelli- gence and Statistics, 1, Council House Street, Calcutta or in Indian Export Service Bulletin, issued by the Director, Commercial Publicity, Ministry of Com- merce, Udyog Bhawan, New Delhi. All communica- tions in regard to the publication of the display adver- tisement in the Indian Trade Journal should be addressed to the Manager of Publications, Civil Lines, Dclhi-6 or to the Depot in charge, Government of India Book Depot, 8, K. S. Roy Road, Calcutta-1.

All payments for the publication of the advertise- ment in question should be made in advance to either of these authorities tc; whom the communication ought to be addressed. The payment in this behalf should preferably be made by a bank draft or cash, as payment through cheques can be be entertained only after the encashment of the cheques, thereby causing delay. The adveritsements in question, appearing in the Indian Trade Journal or the Indian Export Service Bul- letin, will be serially numbered.

(4) The indigenous manufacturers should be given a time limit of 45 days to respond to the advertise- ment,

(5) The indigenous manufacturers who are in the position to meet the requirements in response to the advertisement, should send ,their reply to the applicant within 45 days of the advertisement, with a copy thereof, under registered cover, to the Directo- rate General of Technical Development, New Delhi (Coordination Section). At the top of the reply, the Serial Number of the advertisement as appearing in the Indian Trade Journal should be quoted to facili- tate proper referencing. In their reply, the indigenous manufacturers should mention the specifications and particulars of the goods which they are in a position to supply, the period of delivery, prices and other relevant terms. If the indigenous manufacturers are not in a position to supply any item in the required specifications but they can supply suitable substitutes thereof, the full specifications of such substitutes should be given in the reply along with other relevant particulars.

(7) The failure to respond to the advertisement on the part of those who are in a position to meet the demand, will lead to under-utilisation of existing capa- city and to avoidable imports. Indigenous manufac- turers, both in the public and private sectors are advised in their own interest to respond in the pres- cribed manner to the advertisements in respect of goods which they are in a position to supply.

(8) After 45 days of the advertisement, the intend- ing importer may apply for an import licence for the machinery or equipment or machine tools, in question. If the import application is not made within three months after the expiry of 45 days from the date of advertisement, the advertisement already made may net longer remain valid, and the applicant may have to advertise again in the manner indicated in this para- graph, in case he seeks to import the goods in ques- tion.

(9). In the import application, the applicant should state the date of advertisement, and attach thereto a tabular statement of responses received to the adver- tisement, and also indicate in clear terms the responses which are acceptable to the applicant. The import application should be made only in respect of goods for which no response has been received from the indigenous manufacturers or the response received is not suitable to the applicant for the reasons to be indi- cated in the tabular statement referred to above. The applicant should also send with his import applica- tion two copies of the advertisement.

(10) Applications for import of capital goods or machine tools in respeel of which the advertisement procedure contained in this paragraph is not followed or in respect of which the advertisement docs not cefntain detailed particulars of the machinery sought to be imported, will be liable to be rejected.

(11) In the case of applications for import of textile, jute, hemp and rope, quarries, coal, mining (other than coal) and tea machineries, the indi- genous manufacturers should send their reply to the advertisement to the sponsoring authority concerned (in place of the D.G.T.D.)

(12) Advertisement procedure will not apply to the import of machinery required for research and development purposes by Research & Development Institutions and laboratories.

(13) Advertisement procedure will also not apply (o the import of machinery mentioned in Appendix 80 to the Red Book (Vol I) for 1975-76.

Note :—For any guidance in this regard, the appli- cant may contact the Development Officer concerned in the DGTD.

Import of second-hand machinery

(6) Industrial undertakings whether in the public or private sector which have imported machinery lying surplus with them and are, therefore, in a position to meet the requirements in response to the advertise- ment, should also inform the applicant within 45 days of the advertisement, with a copy thereof, under registered coyer, to the Directorate-General of Techni- cal Development, New Delhi (Co-ordination Section) in the same manner as indicated in sub-paragraph 5 above. In their reply, full particulars of the machinery, its c.i.f. price and sale price demanded, age of the machinery and other relevant terms should be men- tioned. It should also be mentioned whether the machaincry, in question, is lying un-used or has been used, and if so, for how long; the present condition of the machinery should be clearly described. If the machinery in question had been imported against a licence, the particulars of the licence should be indi- cated.

138. Applications for import of secondhand or reconditioned machinery should always be accom- paincd by a certificate by a firm of consulting engineers in the country of origin, indicating die age of the machinery, its present condition and expected life If possible, a photograph of the machinery pro- posed to be imported should be furnished.

139. Clearance in principle for the entire require- ment of foreign exchange to be obtained at the time of initial application.—It is important that importers secure clearance in principle for the entire require- ments of foreign exchange for setting up a new plant or completing as substantial expansion, at the time of initial application. Failure to comply with this require ment will hinder the provision of the necessary forign exchange and may result in rejection of applications, After a clearance in principle has been secured, there is no objection to import applications being submit- ted in instalments as and when licences arc required.

140. Import of textile machinery other than for jute and hemp,—Impcpters of textile machinery, other than the jute and hemp may note that :—

(i) Applications for 'productive machinery' as indicated in Appendix 20 will be entertained from applicants who are not consumers or promoters having approved programme.

(ii) Applications for 'non-productive machinery' will not be entertained from applicants other than the actual users.

(iii) Applications for hosiery and knitting machines will be considered from Actual Users in terms of the policy laid down in the relevant Import Trade Control Policy Book.

poration of India, Bombay and the Indus- trial Finance Corporation, New Delhi;

(c) Long term foreign exchange loans from financing institutions abroad, as approved and announced from time to time;

(d) Imports financed by the National Small Industries Corporation of India, New Delhi, under their hire-purchase scheme for small scale industries;

(e) Loans to the Government of India from foreign governments or financial institutions against which cash licences can be granted; and

(f) Trade and Payments agreements between the Government of India and foreign countries, against which cash licences can be granted.

144. Applications for import licences will be con- sidered having due regard to the priority of the schemes and the method of financing proposed. As a rule, the source of financing the imports will be limited to the alternatives indicated in paragraph 143 above. If the scheme is not considered tq be of sufficient priority and/or if funds available with the Govern- ment cannot bo allocated, import applications in respect of such schemes will be rejected.

Import of Capital Goods by export-oriented units

141. Exceptions.-—An exception to the above board principles of licensing of Capital Goods is, however, made in the case of :—

(a) Complete Ring Frames;

(b) Sparc parts of Ring Frames, including spin-

ning spindles, fluted roller and tin rollers;

(c) Power looms;

(d) Carding Engines;

(e) Certain accessories and millslores required

by cotton textile industry.

The licensing policy in respect of these items is an- nounced in the Import Trade Control Policy Book; or by separate Public Notices issued from lime to time.

142. Machinery for stock and sale not licensed under Capital Goods Scheme.—The C.G. Scheme is applicable tc| the import of machinery and plant required for industrial manufacturing or processing units. Applications for the import of machinery for stock and sale will not be licensed under the Capital Goods Scheme. Similarly, import of construction machinery will also not be covered by this scheme.

143. As a rule, applications for import licences for substantial values of plant and machinery which are required for the setting up of new projects or for sub- stantial expansion will be considered only against one or more qf the following acceptable means of financ- ing :—

(a) Long term foreign investment in the capital

of the project;

(b) Foreign exchange loans for the project from the Industrial Credit and Investment Cor- 145. (1) Applications for the import of capital goods, equipment, dies, jigs and tools required by exporting units will be given high priority and will be considered for allocation of preferred sources of foreign exchange for import qn the recommendation of the Ministry of Commerce out of a special alloca- tion of foreign exchange to be made for this purpose. The import of capital goc|ds will be permitted for the expansion, modernisation, diversification of produc- tion facilities as well as for research and development, with a view to accelerating the exports. The import of such machinery, etc., required by the exporting units to manufacture quality prciducts so as to bring up their product designs and packing standards to inter- national levels will also be considered. These special facilities are intended to assist manufacturers with a good export performance, so that they may be enabled to further intensify their export drive.

(2) Exporter manufacturers exporting normally not less than 10 per cent of their production and inlcnding to take advantage of these special facilities for export production should address their applica- tions for licences to the Secretariat for Industrial Approvals (Control Receipt and Despatch Section), Ministry of Industry and Cicil Supply, Udyog Bhawan, New Delhi-11 in the prescribed form 'E' (CG) Part I & II along with the requisite application fee and other documents required for the import of capital goods. In such cases, details of export performance and other relevant informantion should be given by the applicant in the prescribed proforma which has been added for this purpose as Part II of the application form 'E\

(3) Applicants should carefully check that the application is complete in all respects and is supported by a certificate of the export promotion council con- cerned, regarding export performance of the applicant both in terms of f.o.b. value and quantity of the exported product as well as the production figures. The applicant should also follow the advertisement pro- cedure as laid down in paragraph 137 above, in cases where the value of capital goods applied i'c|r is Rs. 7.5 lakhs and above.

(4) The Secretariat for Industrial Approvals, will process the import applications and forward them to the Chief Controller of Imports and Exports, (C.G. cell), New Delhi, with their recommendations. The Chief Controller of Imports and Exports will deal with the applications on the basis of such recommendations.

(5) Export conditions on C.G. Licences.—(a) Applications for import of capital goods may also be considered subject to export conditions as may be decided in each case, requiring the licensee to export goods of a specified description and value/quantity within a specified time limit and subject to such other conditions as may be prescribed. Exports to Sikkim and Bhutan will not qualify for redemption of expenrt obligation as also exports to Afghanistan and Nepal if made otherwise than in free foreign exchange.

conditions. The manufacturing units concerned will be required to furnish periodical returns tc, the Chief Controller of Imports and Exports, Udyog Bhavan, New Delhi (Export Obligation Cell) indicating their export performance in the form and manner as may be prescribed by the Chief Controller of Imports and Exports. Such returns shall be in addition to the returns which the unit will be required to furnish to the regional licensing authorities in pursuance of the bond/legal agreement, and to the administrative Ministries concerned.

(d) The performance of manufacturing units which arc granted capital goods import licences, or Industrial licences under the Industries (Development & Regula- tion) Act, 1951, or approvals to foreign collaboration arrangements, subject to export conditions, will be reviewed by an Inter-Ministerial Cc(mmittee under the chairmanship of the Chief Controller of Imports & Exports, New Delhi, and having a representative of the concerned Ministries and departments and the S.T.C. as members.

(6) The exports made by manufacturers in fulfil- ment of the export obligation from 1st April, 1970 will be eligible for the grant qf import replenishment licences in accordance with the import policy for registered Exporters, subject to such conditions, or restrictions as may be stipulated in this regard.

(7) Where an industrial unit is allowed imported machinery subject to an export obligation and a direct import licence for import of machinery is not issued to the unit but the machinery is obtained through National Small Industries Corporation or any other similar agency, the export bond/legal agreement for fulfilment of the export obligation in such a case shall be execut- ed by the unit before it obtains machinery from NSIC etc. The import licence issued to the NSIC etc. in such cases will bear a suitable condition to this effect.

Negotiations for loans

146. Negotiations of loans by importers with foreign financing institutions require prior approval in principle of Government.—Direct negotiations of lc|ans by importers with foreign financing institutions require the prior approval in principle of Government, Such requests should be addressed to the administra- tive Ministry concerned or to the Chief Controller of Imports and Exports (Capital Goods Division), New Delhi, indicating the value of the equipment, the pur- pose for which it will be imported, the proposed country or countries of import, the value of imported raw materials/components that will be required annually after going into production, and the parti- culars of the manufacturing licence, if any, under the Industries (Development and Regulation) Act that may be held for the project.

Imports against free resources

(b) A licence issued for import of capital goods with an export obligation will be subject to the condi- tion, inter-alia, that the licensee shall execute a bond/ legally acceptable undertaking in regard to the fulfil- ment of prescribed export performance. The bond/ legal undertaking should be supported by a bank guarantee for an amount equal in value tq the annual obligation of exports. In lieu of a bank guarantee the licensing authority may also accept the legal agreement executed by the licensee, to the effect that in the event of his inability or failure to export directly, the goods in accordance with the prescribed export obligation, he shall hand over to the State Trading Corporation or such other agency as the Government (including the CC1&E, New Delhi) may nominate, twice the diffe- rence between the stipulated annual commitment/ obligation and actual exports, and in addition pay to the nominated agency a specified amount by way of liquidated damages. The form in which the licensees will be required to give the legal agreement appears in Appendix 35. It may be clarified that the bond/legal agreement may be executed by the licensee either with the regional licensing authority under whose territorial jurisdiction the licensee is situated or with the licens- ing authority at the port of clearance of the goods to be imported against the licence. The licensee should inti- mate to the licensing authority issuing the CG. licence the name of the licensing office where he will execute the bond/legal agreement to enable the licensing autho- rity to incorporate the name of that office in the export condition imposed on the C.G. licence.

(c) A special cell known as "Export Obligation Cell" has been set up in the office of the Chief Con- troller of Imports and Exports, New Delhi, to co- ordinate follow-up action in cases where capital goods import licences. Industrial licences or approvals to foreign collaborations are issued subject to export 147. Imports against free resources on cash or deferred payment basis.—When the outlay on imported plant and equipment is relatively small, and is likely to be covered by savings or earnings of foreign exchange (having due regard to the existing level of imports/exports) as a result of the imple- mentation qf the scheme within a period of three years, it may be possible to consider applications, to

a limited extent, for licensing against free resources on cash basis, or on deferred payment basis, in gene- ral, Government do not propose to encourage impcirt on short or medium term suppliers' credit, and defer- red payment arrangements will only be considered m exceptional cases when the Government are satisfied that the savings of foreign exchange resulting from the output c(f the plant and machinery proposed EO be imported will be more than sufficient to meet the payment liability. Similarly, such arrangements may be approved if there is a satisfactory guarantee for the expqrts of goods for the production of which the plant is to be imported.

148. Special form for issue of licences for Capital Goods.—Licences issued fgor Capital Goods will bear the distinct mark "CO" and will be issued in special Form to distinguish them for other import licences.

149. Importers to study carefully the conditions attached to import licences particularly when issued against loan programmes.—importers are advised to study carefully the conditions attached to or applicable to import licences particularly when these are issued against loan programmes. Non-compliance with the conditions endorsed on licences will render the licence invalid.

150. Importers of machinery items are advised to satisfy themselves that the machinery sought to be imported satisfies the conditions laid down in the Fac- tories Act and Rules framed thereunder, or similar rules in force in the country of origin of the machi- nery,

overall value of the licence;

(iv) if a licence has been issued for the import of capital goods (Jmachinery and equipment) and spare parts, a list of spare parts is attached to the licence, and the list of spares also indicates the value allowed, it will bs open to the licence holder to import the spare parts appearing in the list and for the value of spare parts appearing in the list and for the value so indicated, within the overall value of the licence; and

(v) within the overall value limit specified for im- port of spare parts in sub-para (i) and (ii) above, a licence holder can also import accessories, ancillary equipment and auxiliaries required for maintenance of the main machinery or for use with the main machi- nery in the licence holders' factory.

Imports oj bpares

151. (i) If a licence has been issued for import of capital goods (machinery and equipment) and the words, 'spare parts' have not been mentioned in the description of goods given in the licence, nor a list of spares has been attached to the licence, it will be open to the licence holder to import spare parts to the ex- tent of 10 per cent of the value of the licence, within the value of the licence, subject to the condition that the import of spare parts specifically shown as non- permissible in the relevant import-policy in force shall not be allowed. The licensee shall import only those spare parts as are required for maintenance of the machinery covered by the licence in question;

(ii) If a licence has been issued for the import of capital goods (machinery and equipment) and in the description of goods given in the licence, the words 'spare parts' have also been mentioned but no list of spare parts has been attached to the licence, it will be open to the licence holder to import spare parts against the said licence in the same manner and to the same extent as indicated in sub-para (i) above.

152. Validity period of licences. (1) The initial vali- dity period of CG licences will be 24 months from the dale of its issue subject to the condition that the licensee shall be required to place firm order for the import of machinery on the foreign supplier within six months from the date of the issue of licence. If the licensee fails to place firm, order on the foreign supplier within the stipulated period of six months, the customs will not allow clearance of the machinery unless the licensing authority has extended the period of placement of orders beyond six months by a specific endorsement on the licence itself. Therefore, if a licensee fails to place linn order on the foreign supplier within six months, the goods against the licence should not be imported. In such cases the licensee may approach the licensing authority for extension in the period for placement of linn order. The liccnsign authority will consider such requests on merits if the said authority is satisfied that the licensee was unable to place firm order within the stipulated period of six months for valid reasons and that a refusal to grant further time for placing firm order wil lcause genuine hardship. It may be clarified that the order on the foreign supplier for import of spare parts under para 151 above can be placed within the initial validity period of the licence.

(2) In the case of CG licence issued against a foreign credit, the initial period of validity will be 24 months or the terminal date of the relevant credit whichever is earlier. Such licences shall also be subject to the condition that firm order for the import of machi- nery will be placed on the foreign supplier within six months from the date of the issue of licence or within the period stipulated in the conditions of the relevant credit for the placement of linn order, whichever is earlier.

(3) The procedure for invalidation of C.G. licences

is laid down in Chapter XI of this book.

Procedure for clearance of application of enterprises

in Santa Cruz Export Processing Zone for import

of capital goods.

(iii)if a licence has been issued for the import of capital goods (machinery and equipment) and spare parts, and a list of space parts lias been attached to the licence, but the value of spare parts has not been indicated in the list it will be open to the licence holder to import spare parts appearing in the list, but the value of the spare parts so imported shall not exceed 10 per cent of the value of the lit-cncc, within the 153. (1) Applications for import of capital goods by industrial units situated in Export Processing Zone, Santa Cruz, Bombay should be made to the Member Secretary, Santa Cruz EPZ Board, Ministry of Com- merce, Udyog Bhavan, New Delhi, irrespective of the value involved.

(2) The procedure for advertisement is not appli-

cable in respect of such applications.

(3) Applications will be considered by Santa Cruz Export Processing Zone Board, New Delhi, for allow- ing imports from out of the foreign exchange alloca- tion placed at its disposal.

(4) Applications approved by the Board will be forwarded by Member-Secretary of Export Processing Zone Board to the Dy. Development Commissioner (Imports and Exports) Santa Cruz Electronics Export Processing Zone, Bombay, for issue of import licences subject to such conditions as may be stipulated by the Board.

(5) The licensing authority will, in each case, inti- mate the number, date and value of the import licence to the Member-Secretary, EPZ Board and the Deve- lopment Commissioner of the Zone.

that the equipment sought to be imported is essential for their programme,

(2) Applications for import of capital goods for re- search organisations proposed to be sit up or already established by industrial firms, Scientific & Industrial Research Foundations or individuals for conduct of research in the areas of their direct interest or indus- trial operation, specialised research projects or pilot plants should be made to the Chief Controller of Im- ports & Exports, Udyog Bhavan, New Delhi, through the Department of Science & Technology, New Delhi.

(3) Applictaions should be made in the prescribed form 'E' (CG) supported by treasury challan of the re- quired amount towards application fees and other documents/information required in terms of the policy in force.

(4) The advertisement procedure is not applicable

in such cases.

Special facilities for Indian returning from/residing ab-

road.

(6) Applications for revalidation of CG licences should be made to the Member Secretary of the Board, who wil lissne necessary instruction to licensing authority.

Procedure for clearance of applications of enterprises

in Kandla Free Trade Zone for import of capital goods

(1) Application for import of capital goods by an industrial unit situated in KAFTZ should be made in Form 'E' to the Member-Secretary KAFTZ Board, Ministry of Commerce, Udyog Bhavan, New Delhi irrespective of the value involved.

(2) The procedure for obtaining indigenous clea- rance and the procedure of advertisement is not appli- cable in respect of such applications.

(3) Applications will be considered by KAFTZ Board, New Delhi, for allowing imports from out of the foreign exchange allocation placed at its disposal.

(4) Applications approved by the Board will be forwarded by Member-Secretary to KAFTZ Board to the Controller of Imports & Exports, KAFTZ, Gandhi- dham for issue of import licence subject to such condi- tions as may be stipulated by the Board.

(5) The Controller of Imports & Exports, KAFTZ, Gandhidham, will in each case, intimate the number, date and value of the import licence to the Member- Secretary, KAFTZ Board and the Development Com- missioner, KAFTZ, Gandhidham.

(6) Applications for revalidation of CG licences should be made to the Member-Secretary of the Board, who will issue necessary instructions to the Controller of Imports and Exports, KAFTZ, Gandhidham.

155. (1) Applications for import of machinery including research equipment and equipment for qua- lity control and testing and raw materials will be con- sidered on a liberal basis from industrial units to be set up by Indian nationals returning from/residing abroad. In such cases :—

(a) Machinery upto a value of Rs. 25 lakhs may be allowed to be imported provided it is purchased within the applicant's foreign exchange earnings abroad and he furnishes a proper account of his holdings to the Reserve Bank of India. The concession to allow machinery under this provision shall not be available for certain manufacturing operations as specified in Import Trade Control Policy (Red Book—Vol. T).

(b) The machinery to be imported is required for setting up an industrial unit in which the applicant has a substantial financial interest of not less than 51 per cent.

(c) Request for permission to sell the machinery shall not be entertained for a period of 5 years .

(d) Permissible raw material and components for meeting the requirements of one year may also be allowed to be imported, subject to a maximum of Rs. one lakh in value pur- chased one of the applicant's foreign ex- change earning abroad.

Imports of capital goods for development and research

activities :

(2) Import applications should be made in the pres- cribed Form " E" to the Chief Controller of Imports & Exports (Special Cell) New Delhi. It should be ac- companied by documents as prescribed in the Import Trade Control Policy (Red Book-Vol I ).

(3) These facilities shall be subject to such condi- tions as may be specified in the Import Trade Control Policy (Red Book-Vol I ).

(B) SCHEME FOR LICENSING HEAVY ELEC-

TRICAL PLANT

154 (1). Industrial firms, Scientific & Industrial Research Foundations, units or individuals applying for research and development imports will be required to establish with the Department of Science & Tech- nology, Government of India. New Delhi that they have a well-defined programme for research and deve- lopment with specific objectives. They will also be required to satisfy the sponsoring/licensing authority

(C) MACHINE TOOLS

Procedure in respect of machine tools

160. The rules and procedure applicable to capital goods as set-out in earlier paragraphs will also apply to machines tools.

Submission of applications

156. Scope of the Scheme.-—(1) The Scheme ex- tends to electrical plant and machinery as well as cog- nate equipment and materials essential for power plant (ieither for generation or transformation of electric power) required for factories. This scheme, however, does not apply to such electric equipment as is re- quired by domestic consumers, industrial concerns or laboratories for purposes other than specific electric power projects.

(2) The scheme applies to the following S. Nos. of

the I . T . C. schedule subject to the condition that the value of the goods for any single project or group of connected projects, required to be imported, is not less than Rs. 25,000 (f.o.b.) .—

Part II.—Serial Nos. 33A, 33B, 34, 36, 38, 40,

42, 43, 45, 4CA and 48.

Part III.—Serial No. 4.

Part V.—Serial No. 65.

(3) The advertisement procedure laid down in paragraph 137, as applicable to import of Capital Goods will also apply to import of Heavy Electrical Plant & Machinery.

161. (1) The procedure of submission of applica- tion of import of machine tools will be the same as for import of capital goods.

(2) The applications should be accompanied by (i) I.V.C. Registration/Exemption number, and a photostat copy of the I.V.C. number as stated in sub-para 131 (2b) above, (ii) Treasury Receipt show- ing the payment of the requisite amount of application fee, and (iii) any other information/document con- sidered necessary or required in terms of the policy in force.

(3) All actual users should include their require- ments for import of spares of Machine Tools in their applications for other spare parts.

Submission of applications

162. Imports licences will not normally be granted to actual users for machine tools which are manufac- tured in India. For the list of such machine tools, the actual users should consult tho relevant Import Trade Control Police Book.

Full description of the machine tools to be furnished

(4) Applications for Heavy Electrical Plant should be made in the application form prescribed in this book. Applicants requiring H . E . P. licences should, as far as possible, consolidate their require- ments and submit the applications, in triplicate, to the Chief Controller of Tmports and Exports (C.G. Divi- sion), New Delhi, through the Central Water and Power Commission (Power Wing), Government of India.

163. All application should contain, as far as possible full description of the machine tools desired to be imported, together with the c.i.f. value of each item separately. Descriptive catalogues, if available, should also be sent alongwith the application.

Permissible types of Machine Tools

164. For the permissible types of machine tools, importer should consult the Import Trade Control Policy Book for the relevant period.

Licences to meet specific orders placed by D.G.S. &

D. etc.

(5) The applications should be accompanied by (i) I.V.C. Registration/Exemption number, and a photo- stat copy of the I.V.C. Number as stated in sub para 131(2) (b) above, (ii) treasury receipt towards the payment of requisite application fee, and (iii) any other document/information considered necessary or required in terms of the policy in force.

Special form for issue of licences

165. Licences will continue to be granted to meet specific orders placed by the Director General of Sup- plies and Disposals, Government Railways and N.S.I.C. (Pvt.) Ltd. The applications for licences should be made to the Chief Controller of Imports and Exports, New Delhi.

Validity of Licence

157. Licences for Heavy Electrical Plant will bear the distinctive mark 'H.E.P.' and will be issued in the same special form as in the case of licences for Capi- tal Goods.

Validity period of licences

166. The period of validity of import licences for machine tools will be as indicated in Chapter XI of this book.

Import of second-hand Machine Tools

158. The initial period of validity and procedure for extension of H . E . P. licences will be the same as in the case of licences for capital goods as indicated in paragraph 152 above.

159. With regard to rcvalidation and amendment of c.i.f. value of H . E . P. licences, the applicants are advised that requests for such amendments and revali- dation may be routed through the Central Water and Power Commission to the Chief Controller of Imports and Exports (C.G. Division).

167. Application from Actual Users for import of second-hand machine tools must be accompanied by a Chartered Engineers' certificate bringing out tho following informations :—-

(i) Full specification of the second-hand machine tools, maker's name for the machine and price of the machine or similar machine if brought new.

(ii) Year of make.

(iii) Name of the firm which carried out recondi- tioning/repairs, if any, and nature of repairs carried out.

(iv) Present conditions and expected life subject to normal care and maintenance and use within its designed capacity.

(v) Professional standing of the Chartered Engi- neer who should normally be an independent party having nothing to do with the firm selling the second-hand machine.

(vi) Photograph of the machine if available. Requests for issue of.import licences for secondhand machine tools would also be considered, on merits, in consultation with the Development Officer (Tools).

printing machines for the production of caper bags which have printing and linings on the inner side, machines for printing special forms, challans, delivery notes, etc, in duplicates, triplicates and quadruplicates each in diflercnt colours of paper, corton and reel ticket printing machines, machines designed for paper lined aluminium foil printing for packing different sizes required by pharmaceutical firms.

(5) The actual users requiring other types of print- ing machines of rupee area origin may contact the State Trading Corporation of India, New Delhi, or apply for direct import. The S.T.C. has been autho- rised to comply with the orders for machines other than (i) Automatic Cylindc rPrinting Machines, (ii) Paper Folding Machines, and (iii) Thread Sewing Machines, and not exceeding the c.i.f. value of Rs. 65,000/- (post-devaluation) provided :

Condition applicable to licences for machine tools

168. Import licences for machine tools will "be issued subject to the following condition in addition to any other condition(s) imposed or deemed to have been imposed on the licence under Clause 5 of the Imports (Control) Order, 1955, as amended :—

"This licence is issued subject to the condition that the particulars of goods, i.e., machine tools, imported under it shall be furnished by the licensee to the Customs authorities in the prescribed proforma alongwith the bill of entry or other documents of import at the time of clearance of goods".

The proforma prescribed for this purpose is given

in Appendix 23.

(a) that no actual user is supplied with more than one machine during the course of a year;

:

(b) that no actual user is allowed to sell the machine acquired from the S.T.C. without the prior approval of the Chief Controller of Imports and Exports, New Delhi;

(c) that request for a second unit of the same machine from the same actual user will be referred to the Chief Controller of Imports and Exports, New Delhi, for instructions; and

(d) that the orders on the S.T.C. for the supply of machine from printing establishments should be duly supported by recommenda- tions of the sponsoring authority concerned.

Import of printing machinery

169. (1) Application for import of printing machi-

nery will be considered from actual users.

(2) Applications from printers should be made to the Chief Controller of Imports and Exports, New Delhi. The applicant should also indicate^ therein whether the machinery sought to be imported is re- quired for replacement or development purposes and whether the applicant is a quality printer or not.

(3) Applications for import of printing machinery from units engaged in industrial production should also be made to the Chief Controller of Imports and Exports, New Delhi, applications should be made in form 'E\ (CG).

(6) The machines of the typejs, namely, (1) Automatic Cylinder Printing Machines, (ii) Paper Folding Machines, and (iii) Thread Sewing Machines, and those valued at more than Rs. 65,000/- c.i.f. (post-devaluation), will be supplied by the S.T.C. to actual users with the prior approval of the Chief Con- troller of Imports and Exports, New Delhi.

(7) The advertisement procedure as laid down in paragraph 137 will also apply to import of printing machinery of a value exceeding Rs. 7.5 lakhs. Indi- genous manufacturers who are in a position to meet the requirements in response to the advertisement, should send their reply to the applicant within the prescribed time with a copy thereof, under registered cover, to the Chief Controller of Imports & Exports (N.P. Cell) Udyog Bhawan, New Delhi.

(8) Applications for import of printing machinery from News paper establishments should be made to the Chief Controller of Imports & Exports through the Registrar of Newspapers for Tndia.

Import of Garage and workshop machinery

(4) Under these provisions, applications for im- port licences will be considered from actual users for the import of rotaries and custom-built specific pur- pose printing machinery. The 'custom-built machines' are those which are specially built/manufactured to a particular specification and desgin to suit the re- quirements of an actual user. They are broadly of one unit combination designed and made to order, have their own identity and arc meant to do specialised type of work involving one or more operation which cannot normally be done by machines built to standard specifications available in the market. "Examples of such machinse are Currency Printing Machines, com- bining different processes and methods of printing such as letter press, offset and photogravure flexographic 170. Applications for import of garage and work- shop machinery will be considered from actual users. Such applications should be made to the Chief Con- troller of Imports and Exports, New Delhi, through the State Directors of Industries. The applicatoins should be made in form 'E' The sponsoring authority will re- cord his recommendation in the application form; and will also indicate therein whether the machinery

Flixibility allowed for import of items not covered by

Capital Goods licences

sought to be imported is required for replacement purposes. The applicant should also indicate the country from which the equipment is sought to be imported.

Import of Studio Equipment

171. Applications for import of studio equipment will be considered Crom film studios. The applica- tions should be made in form 'B' and addressed to the Chief Controller of Imports and Exports, New Delhi. The applicant should also indicate the country from which the equipment is sought to be imported.

Import of construction machinery

172. Applications for import of construction machi- nery wil lbe considered from construction agencies. The applications should be made in form 'E' (CG) and addressed to the Chief Chief Controller of Imports and Exports, New Delhi. The applications should be made through the State Director of Industries who will make his recommendation in consultation with the concern- ed department of State Government. The applicant should also indicate the country from which the equip- ment is sought to be imported.

Units engaged in chemical analysis and testing

173. (1) Applications from the units engaged in chemical analysis and testing of the products manufac- tured by other industrial units, will be considered¹ for the import of essential machinery, machine tools, and equipments which are not produced indigenously.

(2) The application should be made to the regional licensing authorities concerned in the prescribed form 'B', through the State Director of Industries. The Director of Industries should obtain indigenous clear- ance from the DC (SSI), New Delhi, before recom- mending a licence.

174A. (1) In order to speed up the implementation of industrial projects, it has been decided to allow flexibility to the importers of capital goods in regard to the equipment to be imported within the overall value of the capital goods import licence obtained by them. Under this flexibility, the holders of capital goods import licences will be permitted to import items of capital goods which are not covered by the existing import licence/ list of goods attached to the licence and the import of which is not otherwise ban- ned in terms of import policy in force, upto a limit of 5% within the overall value of the licence. The holders of capital goods licence desirous to avail of this facility are advised to approach the, licensing authorities direct for endorsement of the supplemen- tary list of items which they would like to import with- in the overall value of the capital goods import licence held by them. The licensing authorities while endors- ing the supplementary list of goods to be attached to the import licence will indicate the items to be deleted/ amended in the existing list of goods so that the total import remains within the overall value of import licence.

(2) The supplementary list of items to be imported under this facitily will only consist of items of capital goods, equipments and accessories which are permis- sible in terms of the import policy in force and are essentially required for the implementation of the pro- ject, and shall not include import of raw materials, components and spares. The import of items men- tioned in list 'A' of Appendix 35 to the relevant Im- port Trade Control policy book (Vol-I) will also not be allowed.

Import of Proto-types

174. The procedure for submission of applications for import of proto-types is contained in Chapter IV of this book.

(3) This facility will be available to holders of valid

Capital Goods import licences.

CHAPTER Vll

SPECIAL LICENSING SCHEMES

EQUIPMENTS FOR IRRIGATION PROJECTS

Government Contracts/Stores ordered by Director

General of Supplies and Disposals

175, (1) The scheme for the import of machinery and equipment required by irrigation projects will apply to import applications of an agreegate value ol Rs. 25,000 or more in respect of any project or sub- sidiary thereof.

(2) Subject to the provisions of sub-para. (1) above, the scheme will apply to the following goods classifiable under Parts T, II and V of the I . T .C schedule :—

Part I.—Serial No. 17—Cast iron steel valves and similar controls for Water Works, Irrigation and Hydro-Electric schemes. Serial No. 20—Fabricated gates for dams and barrages.

Part II.—Serial No. 9—Tron and steel articles and controls including cocks and taps for dams and barrages. Serial No, 36—All goods included In serial Nos. 36(1), 3 6 ( 2 ). 36f3), 36(4) and 36f5)—required for Irriga- tion and Hydro-Electric schemes.

Part V —Serial No. 65—All eoods falling under Serial Nns. 65(1) 65(2). fi5n"l, 65(41 and 65(5) when required for Trrieation Proiects.

Serial No. 9?—Water meters and mrnsurii? instruments remiirerf for Wafer WnrVs Irrigation and Hvdro- Electric Projects.

(3) Form and manner of application.—The appli- cations for equipments and machinerv for irrigation proiects will he considered in the same wav as the applications for Canitai Goods. An applicant should submit one consoHda'ed application in respect of all hi' requirements instead of miVinr* pipremofll npniira- tions. The applications should hr* ma^e in duplicate in the nnpiirjitinri Wm prescribed for Capital Onnds and Hcivv Flectrical Plant ns given in this book (i.e. Form 'FCT}')! tn fhe Chief Controller of Tmnrirf! rmd Fxporfs New TVIbi thrmioli the Central Water and Power Commission. New Delhi.

(.4) The application should be accompanied by l . V . C. Registration/Exemption Number, [He treasury receipt, showing payment ol application tee, seven copies of tne list ot goods applied lor, and any other document relied upon by tne applicant or considered necessary m terms of the policy in force. (A project rua as a department of Central or State Government is exempt from payment of application fees and produc- tion of l . V . C. Registration/Exemption Number).

(5) Period ol validiiv.—The period of validity of the licences granted under this scheme has been indi- cated in Chapter XI of the book,

6-lCCofI& E/75

176. (1) Special arrangements have been made to deal with applications for import licences by persons or firms, etc., to cover goods in respect of which a contract has been placed on them by the Director General of Supplies and Disposals.

(2) Import Recommendation Certificate.—tn such cases, the applicant should obtain from the appropriate Director of Supplies an Import Recommendation Certificate (IRC) showing inter alia :—

(i) The number and date of the contract.

(ii) Description of goods. (iiO Contractual value of goods. (iv) c.i.f. value of goods. (v) Expected period of delivery. (vi) Name of the Tndentor. (vii) Reference number and date under which

foreign exchange has been released.

(viii) Source from which foreign exchange is pro-

vided and mode of payment.

(ix) Number and date under which indigenous clearance has been obtained from the D . G .T D m respect of the goods sought to be imported.

Note (1) :—It may be clarified that no indigenous clearance will be necessarv for the im- port of goods which are Hcensahle to nctual users in terms of the Tmport Trade Control policy in force at the time of makine the application for the licence. Tn respect of all other items. H will be necessarv for the DO S. & D. to obtain clearance from the D.O.T.D., before recommending the import.

Note (2):—The D . G . S. & D. will Issue the I R C. after all the terms and condi- tions pertainine to the relevant contract have been finalised and an indication to this effect will be given in the T.R.C.

(,3j form and manner oj application.—On receipt ui the aDovememioned certificate, the applicant should make oat a single application in respect of each con- tract, covering all goods uader Parts 1, 11* 111, IV and V of the I . T . C. schedule pother than controlled cate- gories ol iron and steel; in the torm prescribed for established importers (i.e. form 'A') as given in this buok. The words "Established Importers" at the head of the application form should, however, be struck off and replaced by words " D . G . S. & D. CONTRACTS" in red ink. and clause 7 of the form should also hf

^{2 8 6} / ⁸² THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. I

deleted. The application should be forwarded to the Chief Controller of Imports and Exports (Govern- ment Licensing Section), New Delhi, attaching the certificate from the Director of Supplies, in original. The applications for import of Iron and Steel items and Feno-Alloys, should, however, be forwarded to the Joint Chief Controller of Imports and Exports, (Iron and Steel Division), Calcutta.

(4) The application should be accompanied by I.V.C. Registration/Exemption number, the treasury receipt, showing payment of application fee, five copies of the list of goods sought to be imported and any other document relied upon by the applicant or considered necessary in terms of the policy in force.

of each contract covering all the goods under Parts, I, II, III, IV and V of the LT.C. Schedule (other than controlled categories of iron and steel) in the form prescribed for Established Importers (i.e. Form 'A') as given in this book. The words 'Established Importers' at the head of the application form should, however, be struck off and replaced by the words 'Railway Contracts' in red ink, and caluse 7 of the form should also be deleted. The application should be forwarded to the Chief Controller of Imports and Exports (Government Licensing Section), through the Railway Liasion Officer, New Delhi. The applica- tions for import of Tron and Steel items and Ferro- Alloys, should, however, be forwarded to the Joint Chief Controller of Imports and Exports, (Iron & Steel Division), Calcutta.

(5) Period of validity.—The period of validity of the licences issued under these provisions is indicated in Chapter XI of this book.

(3) Recommendation for licence.—While recom- mending the import, the Railway authorities should invariably give the following particulars inter alia :—

(6) No last date for applications—The applica-

(i) Railway order number and date. (11) Description of goods sought to be imported, tions will be entertained as and when received during the course of a licensing period.

(iii) c.i.f. value of the goods, (iv) Expected period of delivery, (v) Name of the indentor.

(vi) Refrence number and date under which

foreign exchange has been released.

(7) Imports against D.G.S.&D. contracts will not qualify for quota.— Licences issued on the basis of such applications will not deprive the importer of his normal quota entitlement, if any, nor will any benefit be given to him for any imports made under this scheme in calculating the importer's quota.

(vli) Source from which foreign exchange is pro-

vided and mode of payment.

(8) Conditions on licences.—In addition to any other conditions which may be imposed on or appli- cable to the licences issued under this scheme, the following condition will also be imposed :

(viii) Reference number and date of the D-G.T.D. under which indigenous clearance has been obtained.

dated

"This licence is issued subject to the condition that the goods imported shall be utilised or disposed of in the maner as stipulated in D.G.S. & D. Order No and the imported goods shall not be utilised or disposed of in any other manner, without the prior written approval of the licensing authority."

Note (1) :—It may be clarified that no indigenous clearance will be necessary for the Import of goods which are licensable to actual users in terms of the Im- port Trade Control policy in force at the time of making the application for the licence. Tn respect of all other items, it will be necessary for the Railway Liasion Officer to obtain clearance from the D.G.T.D. before recommending the import.

Note (2) :—The Railway authorities will issue a recommendation for the licence after all the terms and conditions pertain- ing to the relevant contract have been finalised, and an Indication to this effect will be given in the recommen- dation.

(9) Intimation to licensing authority.—If, for any reasons, the licensee is unable to utilise the imported material for the purpose for which the licence has been issued to him and during the period stipulated in the relevant contract, he shall immediately send the necessary intimation to this effect, in writing, to the licensing authority concerned, staring the circum- stances in which the licensee has failed to utilise the goods for the purpose for which the import was allowed. On receipt of such intimation, the licensing authority may consider initiating action under Clause 10-C of the Imports (Control) Order, 1955, as amended, without prejudice to any other action that may be taken against the licensee or any other person in this behalf.

(4) The provisions made in sub-para (4), (5), (6) and (7) of paragraph 176 above will also be applicable in the case of Railway contracts.

Stores ordered by State Railways

(5) Conditions on licences.—Tn addition to any other conditions which may be imposed on or appli- cable to the licences issued under this scheme, the following condition will also be imposed :

177. (1) Special arrangements have also been made to deal with applications for import licences from persons or firms etc., to cover orders placed on them by State Railways.

"This licence is issued subject to the condition that the goods imported shall be utilised or disposed of in the manner as stipulated In

Railway Ordci INo. - and th" dated imported goods shall not be utilised or dis- posed of in any other manner without the prior written approval of the licensing authority."

(6) The provisions of sub-para (9) of paragraph 176 above, will also apply to licences issued against railway contracts.

Kashmir, (u) their arrival is reported to Uie Director of Supplies, Jammu and Kashmir, and (iii) they are not to be put up for sale without physical vertification by the Director of Supplies.

(2) Where an established importer is eligible to a minimum value quota licence under the relevant im- port policy, the weightage in terms of sub-paragraph (1) of this paragraph will be allowed to him on such admissible minimum value.

Defence -Contracts

178. import applications made by persons or firms, etc., to cover goods in respect of which a contract has been placed on them by the Defence organisation, will also be considered on the basis of Import Recora mendation Certificates issued by such organisations. The applications should be addressed to the Chief Controller of Imports and Exports, New Delhi (Government Licensing Section) in the same manner as laid down for other Government contracts. The applications for import of Iron and Steel items and Ferro-AUoys should, however, be forwarded to the Joint Chief Controller of Imports and Exports, (Iron & Steel Division), Calcutta.

(3) Where an established importer is not eligible to a minimum value quota licence under the relevant import policy as his quota entitlement works out to Rs. 100 or below, as indicated in sub-paragraph 39 (2) of this book, the weightage in terms of sub-para- graph (1) of this paragraph will be allowed to him on the quota entitlement. In such cases, however, the benefit of weightage will not be repeated on the mini- mum value quota licence under sub-para (2) above.

(4) The established importers will not be eligible to have their quotas refixed on the basis of more favourable imports in the basic period resulting from the weight'ge of 50 percent allowed to them on their quota entitlement,

Imports from Afghanistan

179. Imports from Afghanistan arc regulated in terms of the trade agreements entered into between the Government of India and Afghanistan from time to time.

(5) Import licences to established importers ini Jammu and Kashmir will be issued after the applicant has produced a certificate from the State Director of Supplies that he has fulfilled the conditions in respect of the previous quota licences issued to hhn: as stated in sub-para (1) above.

Licensing under Trade Arrangements

Imports from Nepal

180. Imports and exports of goods from and to Nepal are allowed without Import and Export Control restrictions, provided the goods are either the produce of or manufactured in the respective countries, sub- ject to such exceptions and limitations as have been made and are in force, or tnav be made, hereafter

Imports from Bengla Desh

183. The Government of India have signed Trade Agreements with a number of foreign countries. These Trade Agreements are revised from time to time. Tn addition to the Trade Agreements, special payments and trade arrangements have also been worked out with respect to some of the countries. Licences under the special payments and trade arrange- ments with these particular countries are issued from time to time. For particulars, the Importers are ad- vised to contact the Chief Controller of Imports and Exports or the Ministry of Commerce, New Delhi.

Import for stock and sale through Co-operative

181. (1) Imports and exports of goods from and to Bangla Desh will be regulated in terms of the trade arrangements as may be agreed to between the Governments of India and Bangla D"sh >md announc- ed from time to time.

(2) Imports from and exports to Bangladesh against payment in free foreign exchange will be regulated m accordance with the normal policies and procedures as may be in force from time to time, subject to such exceptions and limitations a? have been made and are in force, or may be made here- after.

184. (1) Applications for import licences for cer- tain selected consumer goods are considered from National Co-operative Consumers Federation, New Dehli, subiect to the availability of ceiling

(2) Aplicarions for licences should be made to the Chief Controller of Imports and Exports, New Delhi, through the Ministry of Agriculture, (Department of Co-operation), New Delhi.

Imports by traders in lammu and Kashmir

182. (1) Weightage on quota entitlements.— Esta- blished importers in the State of Jammu and Kashmir are, at present, allowed a weightage of 50 per cent over their quota entitlements for nremissihie items. They are. however, required to H) bring the goods imported by them into the State of J;immu and (3) Applications should be made in the pres- cribed form 'B' supDorted by treasury challan showing payment of application fees, and any other document is may be necessary under the import policy in force.

(4) Import licences issued in such cases will be subiect to such conditions regarding distribution or disposal of the imported goods "w may be imposed by the licensing authorities,

CHAPTER VIII

PUBLIC SBCTOM

Part A—Industrial undertaking in the public sector

185, The industrial undertakings in the public sector have been divided into two categories, and the proce- dure for submission of import applications in respect of each category is different. These two categories are :—

(i) Industrial undertaking in the public sector

excluding industrial undertaking which are run departmentally by Central or a State Government; and

(ii) Industrial undertakin which are run depart- mentally by Central or a State Government. (ii) Treasury/bank, receipt snowing payment ol application fees on the value applied for,

(lit) the required number of copies of the list of items sought to be imported (the number ol copies of the lista of items likely to be re- quired should be calculated by the applicant on the basis of 7 copies for each licence of the set of previous licences issued).

' iv i any other document/information considered accessary are required in terms of the pro- visions of this book or the relevant Import Trade Control Policy Book or any other Public Notice/Trade Notice issued in this regard.

Import of raw materials, components and spares

A—Industrial undertakings excluding deimrtmentally'

run-undertakings

186. A list of select industries is given in Appendix

12.

(i) Import o) raw materials, and components

187(1) Applications on consumption basis.—The Industrial Undertakins in the public sector (excluding undertakins which are run departmentally by the Cen- tral or State Government), whether engaged in select or other industries, should make their import applica- tions for raw materials and components for the grant of automatic licences, end-product-wise (including re- lated end-products) on the basis of imported raw materials and components compound by the unit dur- ing April 1974—March 1975 in the same manner and subject to the same conditions as have been laid down for the units borne on the books of the DGED.

(2) Applications for automatic licences for import of raw materials and components should be made di- rect to the Chief Controller of Imports & Exports, New Delhi, within the last date prescribed for the purpose in the relevant import policy. Applications for auto- matic licences may be considered having regard to the actual consumption of imported raw materials during April 1974—March 1975 and the value of import li- cences/release orders for raw materials and compo- nents obtained for the said period, as laid down in the relevant import policy in respect of the units borne on the books of the DGTD

(3) From and manner ot applications :— Applica- tions for nrjtnrnatir livpnees should be made in duH- cate. in the prescribed from 'C given in this Book, accompanied by :—

(i) a statement of consumption etc. in the pres- cribed rjroforma appearing in Appendix 14. The statement shouM be certified by a Char- tered Accountant/Cost Accountant in prac- tice or internal Auditor of the Company.

(4) Supplementary licensing.— Industrial under- takings in the public sector engaged in select industries and IDA industries (excluding undertakings run may also apply for the grant of supplementary import li- cences for raw materials and components. Applica- tions ior supplementary licences in such cases should be made spearately to the Cheif Controller of Imports & Exports, New Delhi, through the DGTD, indicating clearly the reasons for additional requirements of raw materials and components by funishing the information regarding production programme , annual re- quirements of raw materials components, stock in hand, expected arrivals, value ol automatic licences/release orders obtained or to be obtained and the value of outstanding licences/release oiders etc. Such applications should also be accom- panied by a consumption certificate in the form appear- ing in Appendix 14 and should be made in the same from and manner and within the last date prescribed as laid down in the case of DGHD untils in the rele- vant import policy (Red Book—Vol.1),

(ii) Import of spare parts

L8M. 1) Separate application for spare parts.—The industrial undertakins in the public sector whether en- gaged in select or other industries ,excluding under- takins which are run departmentally by the Central or State Governments), should make separate import applications fo nmport of spare parts on annual basis.

(2) Applications for import of spare parts should be made direct to the Chief Controller of Import and Exports, New Delhi, in the prescribed form. The application ihould be supported by a Treasury/Bank receipt towards payment of application fees and parti- i uints dt rhe mdrhififirv m thf form given al Appendii 13 to this Book duly certified by a Chartered Accoun- tant or an internal Auditor of the Company.

<3l HHNIN i>f deeming I'hr "1 liccace* fOf import of spare parts will be calculated on the basis of value of machinery installed as indicated in the rcle- vnnf Tmport Trade Control Policy Boom (Red Book- Vol. I ),

(4) No list of spares.—It will not be necessary for lut ayyi>L.am tu IUIUJSLI d hst oi spare parts 10 be JLQT puficil. import licence will be vaud for the import ui spare pans (including consumable spare parts) required foi Uie plant, machinery and equipment instal- led or used in the licence holders factory, including spare parts oi ancilhary equipment, control and labo- ratory equipments and safety appliances in accordance witn Uie relevant import policy as laid down in import Trade Control Policy BOOK (Red Book—Vol. 1).

ltiy(l) Delence Industries in the public sector.— ID the case of industrial units under the Ministry of Defence, a different procedure will be followed. Such units should make tneir import applications for raw materials and components through the administrative Ministry concerned to Uie Chief Controller of Imports & Exports. The administrative Ministry will examine me applications from the essentiality angle and forward me same, with tneir recommendation to the DGID, indicating the specific foreign exchange allocation to cover the import recommended. The DGTD will exa- mine the items sought to be imported with reference to the import policy in force and send the application with tiieir comments to the Chief Controller of Imports & Exports, New Delhi.

(2) Industrial units in the public sector under the Ministry ot Defence should also make separate appli- cations tor import of spare parts to the Chief Control- lerof Imports & Exports through the Ministry of De- fence (Deptt. of Defence Production). The Ministry of Defence will examine the application from the essentiality angle and forward the same to the Chief Controlier of Imports & Exports with their recommen- dation indicating the specific allocation of foreign ex- change to cover the import recommended. Such ap- plication will not be required to be routed through the IHJID.

(3) It will not be necessary for the applicant to furnish a list of spare parts to be imported. The im- port licence will be valid for import of spare parts in the same manner as laid down in sub-para 188(4) above.

D.U.I D., and that the concurrence oi Uie Ministry of finance (Department ot Economic Affairs), Govern- ment ot India, tor expenditure oi foreign exchange has been obtained.

(4) The provisions of sub-paragraph 187(5) above

will afso apply to these undertakings. It may, how- ever, be certmed thai a public sector project/undertak- ing run as a department or an office of the Central Government or a State Government is exempt from the payment of application lees.

191. Consolidated applications.—It shuuld be noted that an ldustnal undertaking should subit a conso- lidated apphcation for an import licence covering its requirements of raw materials, components as also, spare parts, including spare parts ot machine tools for the particular industry to which the appncation pertains except that tlic units engaged in the priority industries should rruikc a separate application ior spate p a m. Where an undertaking has to import goods through d/rierciii agents by obtaining letters of authority in favour of such agents, the application for the licence should be accompanied by separate lists of goods to be imported through each agent. In such cases the appli- cant can also make separate aplications for licences in respect of goods to be imported through different ^ents.

192. Processing of applications and basis of licens- ing.—(I) In the case of industrial undertaking engaged in the priority industries (other than those run depart- mentally by Central or a State Government), the import applications will be scrutinized by the D.G.T.D., both from the point ot view of essentiality and import policy angles; and import licences will be issued to such unus on the recommendations of the D.G.T.D. However, in the case of units under the Ministry of Defence, and the units under the Ministry of Steel and Mines, manufacturing iron and steel, the D.G.T.D. win scrutinize the applications lrom import policy angle only; and the essentiality for import in such cases will be determined by the administrative Ministry con- cerned.

B—Vnderwkings run departmentatly by Central or a

State, Government

190. Procedure far submission of aplication.—(1) Import licences for raw materials, components and spares to industrial undertakings in the public sector run departmcntally by Central or a State Government, will be granted against the specific foreign exchange ceiling allocated/released by the Government of India and on the basis of clearance given by the D.G.T.D.

(2) Applications for licences may be made by such undertakings to the Chief Controller of Imports and Exports, New Delhi, or to the regional licensing autho-" rlties concerned.

(3) The applications should be supported by a letter of the administrative Ministry of the Government off India indicating the sanction for the release if foreign exchange to cover the imports sought to be made. Such letter should also certify in clear terms that clearance' from indigenous angle ha* he"n obtained from the (2) In the case of industrial undertakings engaged in industries other than the priority industries (exclud- ing those run departmental^ by Central or a State Government), the applications will be scrutinized by the D.G.T.D. both from the point of view of essentia- lity and import policy angle; and import pliance will be issued to such units on the recommendation of the D.G.T.D.

(3) In the case of undertakings run departmental^ by Central or a State Government, import licences will be issued on the basis of the foreign exchange released by the administrative Ministry and the clearance given by the DG.T.D.

(4) In the case of units where the DGTD will be required to examine the application both from the point of view of essentiality and import policy angle, the recommendation of the D.G.T.D. will be forwarded to the Chief Controller of Imports and Exports, New Delhi, alorjgwith one copy of the application for licence in each case and the treasury chaiian furnished bv the party. The required number of copies of the list of

286/86

itiE GAZETTE OF INDIA EXTRAORDINARY

goods recommended lor import by the D.G.l.D. m- Ciuuing out, uuyy ol me list uuiy auesied uy uiuiii, will also be s on to tne Cnief L-ontroner oi Imports ana bxports, New Delhi, alougwitn the recommendation in all cases. The D.G.T.D. will also send a copy of their lecommendauon lo tne applicant. returning to him tnerewitn one copy oil the hst or ine goods applied for, with such changes as may be made by them m the list.

(5) in tnt east; oi units wneic me u . o . i . J J, wiu oe requneu LO examine me application only n om me impuiL poncy angle, me D.Li.i.D. will auesi one copy oi uie list items cleared by tne tor use in trie licensing otuee. I ne u . u . i . D. win aiso senu one eupy or me hit to tlie applicant witn suen enanges as may ue made by uiem in uie list.

(0) rru^cssmg oj uppucaiujn in licensing office.— On leceipi oi ine applicauou ana uie rtXAJminemjuuon ironi uae U.U.i.iJ./aumiuisirauve Ministry, wnenever auen lecutuniendauun is required unuer tne relevant poncy, me neeiising aumorny wni cneeK lllc treasury enauun, and 11 me application is lound 10 De in order, iiie nccnee Will De issued or reiused, as tne case may be, uased on tht; recommendation ol the D.U.I.D./ administrative Ministry. The value or quantitative li- mit, it necessary, in respect of any item allowed to be nnporied, will be imposed by the licensing authority on the basis of the recommendations of the D.G.T.D.

(7) In the case of applications from departinentaJly- run lnuustnal undertakings, which are not to be sponsored Dy the u.U.l.D., the ucensiug autnoriiy win consider the applications on the basis oi the foreign exchange release and the clearance obtained by tne applicant as indicated in sub-paragraph (,J) above.

(8) The licensing authority will issue consolidated licence(s) to eaca industrial undertaKings tor tne import of raw materials, components and spares except that ia the case of units engaged in tne priority indus- tries, separate licence win oe issued lor spare pans- However, instead oi issuing consolidated licences) against a particular application, the licensing authority may issue separate import licences in the following types of cases :—

(a) Where the goods are sought to be imported by the applicant through different agents on the basis of letters of authority;

(b) Where the mode of payment is different, such as free foreign exchange, Rupees, etc., and

(c) Where the goods are to be imported through

different ports.

193(1) Flexibility.—The flexibility provided to ac-

tual users in the utilisation of their import licences for raw materials, components and spares in terms of para, graph 84 and 85 of this book will also be applicable to the import licences for raw materials, components and spares issued to tlie industrial undertakings in the public sector.

(2) The facility allowed to actual users in "Select" industries to import non-permissible items against im- port licences for raw materials and components uplo

|PART 1—SEC. 1

~JL/O ol Uie value oi Uie licence, as piovideU m ieetion l ui uie ivtu uoojfc. ^VOI.J.^ wm oisu Oc aViiUttOie to jwiiiiu jnuu^uies in ine puDUe sector, suDjcu. to inf jtiuie conuiuoiiii/i^uicuous aa laid down.

k^-t.^lJ jiAiiujfciicy licences tor spaies.—Ihc iaw- uty pitmJeu 10 aeiuai users 101 tne j^ant ot emergency jjceiieei ioi import oi apaies puiis win aibu oe avtuiauie ..u me iiiuujUiai uiidtitaKin^s IU lllc piiOuc secioi, uplO d t-jwi vaiue oi iva. zj.uuuy- in cacn case during the ujuiae oi. a iiccusing peiioa. inu tippuvauuna 101 vniti^uui-y spaiga can ue made Uy uie underiatings to ine icgiunai ljetu^tag auuiuiity concerned, in eacn dppUcaaon, me ananiatnig mould inaicaio ihe value or emergency spates ncenees aneady OUtained or appned ror dunng the licensing period.

(2_) inuuatriai uuderlaJtings m tne pubhc sector may be guinieu inipOi[ nceiiees ivjr tmcrgcjiCy spaies xor a VUXUL muj.e tuan Ks. ^OjOuuy- m a neensing period bui not exceeding Rs. 2 laims m a period. However, Ine value oi suen licences issued in excess ot Rs. 2D,0UU/- in a licensing period will be aujustcd aga.nst tiic value oi licences lor import oi. spate parts to be issued to tnu r>anie ucun m me suDsequem licensmg penod.

(3) Appiiwtiuuna toi. luipon ol spare parts may be couMidei^d uy me neeniing aumoruy to eaable public aeaor undenaKiags 10 meet atierlsales obligations. The value oi licences m sucti cases may be determined within 0.1 percent of the ex-iaciory value or piOauc- • mn auLinjj Oic iast inree years m respect of me ma- chineries, equipments etc. which require aiter-salcs servicing. Applications under tins provision snould be made in tne manner as indicated in para 100 in Cuap- ler iV ol: Jiis boolv. Such licences ahaU be suoject to the same conditions as laid down in tne said para 100.

iy.*)(.lj Appiiearums lor amendment m the licences. 1 '.at ajjpucaUOQS oi amendment m licences should be made uy tne jicencee dneet to the licensing authority concerned. Where any cnange in the description or value oi goods is sougut, the application for amend- ment .-.iiutuu be made uiruugn Hie Direeturaie Geaeial oi lecujiical Development in Uie case of undertakings Sponsored by the D.G.T.D. In the case of under- takings not sponsored by the D.G.T.D., the application for amendment, m value of goods shouid be made through the administrative Ministry concerned or sup- ported by the same evidence as is necessary for obtain- ing an import licence.

(2) . Applications for revaildation.—The applica- tions lv>i revaluation of licences should also be made direct 10 the licensing authorities concerned, in the prescribed application form as given in this book. While applying for revalidation ot licence issued for the import ot goods under Foreign Credit, Loan or other tied resources, it should be clearly indicated whetfier the date/peiiod up to which revalidation is . asked for, falls within the date/period of terminal

delivery fixed under the particular Credit, etc.

196. Transfer of imported raw materials/compo- nents from one unit to another.—-Industrial undertak- ings in the public sector fmulti-unit enterprises) mav transfer imported raw materials/components from one

industrial uuu 10 auoitici in me same multi-unit organisation, in oider to meet then production prio- rities. Such transier shall be subject to the condition that the raw materials and components in question shall be used by the transleree unit ior production in an industry included in tne select list of industries. The unit which transfers such imported raw materials and components should send immediate report of such transfer to the licensing authority which had issued the licence against wmch the said materials were imported, The report should reach the licensing autnonty within 15 days from the date of transfer.

197. Industrial undertakings of State Governments. —The procedure appiicaole to the industrial undertak- ings in tne puDhc sector in the preceding paragraphs will also apply to the industrial undertakings of the State Governments.

iuu. (l) Applications made directly to ttie CCl&li will oe referred to the DU1D for their recomrnenda- uon regarding essentiality for import and for clearance irom indigenous angle.

(2) Such applications will be considered further by the CC1&E based on the recommendation of. ttie DG1D in terms of the import policy in force and subject to the availability of foreign exchange. The applications will be placed before tne C.G. Ad hoc Committee for consideration.

Import of capital goods (plant and equipment)

198. The public sector projects/undertakings should submit their applications lor import of capital goods in the prescribed form (Form 'E') as given in Appen- dix 3. The applications should be supported by the following :—

(i) Seven copies of the list of items sought to

be imported.

(ii) A treasury receipt showing the payment of application fee on the value applied for. (If may be clarified that a public sector project/ undertaking run as a department or an office of the Central or State Government is exempt from the payment of applic?__i)n fee). And

(Ui) Any other document/information considered necessary or required in terms of the provi- sions of this book; or the relevant Import Trade Control Policy Book; or any otner Public Notice/Trade Notice, issued in this regard.

199. (1) Applications for a value below Rs. 10 lakhs for imports from countries other than Rupee Payment countries or below Rs. 20 lakhs for imparts from rupee payment countries should be made direct to the Chief Controller of Imports & Exports (CG Cell), Udyog Bhavan, New Delhi-11. Such applica- tions need not be made through the administrative Ministry concerned or the DGTD.

(2) Applications for a value in excess of the value limits indicated in sub-para (1) above should be made direct to the Secretariat for Industrial Approvals (C.G. Unit), Ministry of Industry & Civil Supplies, Udyog Bhavan, New Delhi-11. Such applications need not be made through the administrative Ministry concerned or the DGTD.

(3) The provisions in sub-paras (1) & (2) above will not apply to the cases relating to new projects/ substantial expansions with a total investment cost at Rs. 5 crores and above. In such cases, project autho- rities will be required to make their applications through the administrative Ministry concerned for allocation of foreign exchange and other clearances.

201. (1) Applications received direct by the Secre- tariat for Industrial Approvals, if complete in all res- pects, will be forwarded to the DGTD/otner tecnnicaJ sponsoring authorities concerned for tlieir scrutiny and comments regarding essentiality of import and indige- nous clearance. Tne import applications along with the comments of the DUTD etc. wifl be considered further by the CG Main Committee in the Ministry of Industry & Civil Supplies in terms of the import poficyin force and subject to the availability of foreign exchange. Sources of foreign exchange for the import of capital goods will be allocated by the CG Main Committee.

(2) The Secretariat for Industrial Approvals will forward these applications with the decision of the CG Main Committee to the Chief Controller of Imports & Exports (CG Cell), New Delhi for further processing. While forwarding the applications to the CCl&E, the Secretariat for Industrial Approvals will mlorm the applicant of the decision taken by the CG Main Com- mittee.

202. Manufacturer-exporters in the public sector may also be allowed to import tools, jigs, Hxtures, testing instruments/equipments and machinery against their REP entilements under the import policy for Registered Exporters as laid down in para 4.'), Part ' B\ Section 1 of the Red Book (Volume I I ). The proce- dure for submission of such applications will be the same as laid down in the import policy for Registered Exporters.

203. Advertisement Procedure.—Industrial under- takings in the public sector applying for import of capital goods (plant and equipment) for a value exceeding Rs. 7.5 lakhs (exclusive of the value of machinery mentioned in Appendix 80 to the Red Bock —Vol 1 for which the advertisement is not necessary) should follow the advertisement procedure laid down in paragraph 137 of this book.

204. Flexibility allowed for import of items not covered by C.G. licences.—The provisions made in paragraph 174A of this book regarding the flexibility alowed for import of items not covered by CO. licen- ces, will also apply to the licences for import of capital goods issued to industrial undertakings in the public sector.

205. Validity period of C.G. licences.—Import licen- ces for capital goods will be issued with an initial vali- dity period of 24 months or upto the terminal date of the relevant credit against which the licence has been issued, whichever is earlier. This will be subject to the condition that the firm order on foreign supplier

shall oe placed witnin SIA UIUULUJI. Alici nrni oruoiu have been placed on the foreign supplier, the period of validity will, on request be extended to cover the period of delivery of the goods or upto the terminal date of the relevant credit against which the licence has been issued, which ever is earlier.

Pan B—Stale Electricity Boards/Projects/Undertakings

(1) Import oj maintenance and operational items oj

spares and stores

206. Applications for the import of maintenance and operational items of spares and stores should be made by ihe State Electricity Boards/Projects Under- takings in the form 'K' given in Appendix 3. Such appli- cations should be made to the Chief Controller of Imports and Exports, New Delhi or to the regional licensing authority in whose jurisdiction the applicant is situated, in the latter case, the State Electricity Board/Project/ Undertaking concerned should send an intimation to the Chief Controller of Imports and Exports, New Delhi (Project Licensing Section), in advance, in the beginning of the licensing period. In such cases, the applications, if any, received by the Chief Controller of Imports and Exports, New Delhi, will be forwarded by him to the regional licensing authority concerned for disposal.

207. (1) The appplications should be supported by

the following :—

(i) An attested copy of the letter containing sanc-

tion of the release of foreign exchange to

cover the imports sought to be made.

(ii) Five copies of the list of goods sought to be imported duly signed by the applicant in cases covered by the sub-para (2) below.

(If the goods are to be imported agaiosl more than one mode of financing, e.g., Free Foreign Exchange. Rupee, Foreign Credit, etc., the application should be supported by five copies of the list of items to be imported against each such mode of financing).

(ii) A treasury receipt showing the payment ol

application fees on value applied for.

/ (It may be clarified that a Project or a Board or Undertaking run as department or office of the Central or a State Government is exempt from the payment of application fees).

(iv) Any other document/information considered necessary or required in terms of the provi- sions of this book; or any other Public Notice/ Trade Notice, issued in this regard.

(2) Import licences for spare parts will be valid for the import of permissible spare parts required for the plant, machinery and equipments installed or used by the licensee including spare parts of ancillary equip- ments, control and laboratory instruments and safety appliances. It will not be necessary for the applicants to furnish the lists of spare parts sought to be imported unless the applicant desires to import spare parts which are specifically shown as non-permissible in Red Book (Vol-I).

iu,>. ( 1; W/JCJC an allocation nab Deen made D> an appropriate auLhoruy to any State Electricity Board/ Project/ UndenaKing for the import of maintenance and dfjjtiitnioniai items ot spares and stores, it will not be necessary lor such an applicant to produce with the application lor an import licence, the letter containing the sanction of foreign exchange referred to in sub- paragraph 207(i) above. Instead, in such a case, the applicant should send with his application a certificate to the effect that the value of the goods applied for is within the allocation madc to the concerned Boaid/ Project/ Undertaking for the import of maintenance and operational items of spares and stores.

(2) In cases where no separate allocation of foreign exchange has been made to an Electricity Board, Pro- ject or Undertaking, the applications for licences should be routhed through the Centra) Water and Power Com- mission New Delhi,

209. After the import of the goods against the licence issued for the import of maintenance and opera- tional iienis oi spares and stores, the licensee should invariably send to the Central Water and Power Com- mission, New Delhi, a list of the items actually im- ported against the licence. The Central Water and Power Commission will undertake a check of the items actually imported having regard to indigenous avail- ability.

210. The State Electricity Board/Project/Undertak- ing should also send reports on quarterly basis, to their administrative Ministry concerned of the Central or the Siate Government as the case may be, and to the Ministry ot Finance, Department of Economic Affairs [F.E.B. (II) Branch], New Delhi, indicating the amount of foreign exchange utilised by obtaining licen- ces for the import of maintenance and operational items of spares and stores in a particular licensing period,

211. Emergency licences for spares.—(1) The pro- visions contained in paragraph 194 of this book tor the grant of emergency licences for import of spare parts will also apply to State Electricity Board/Projects/ undertakings uplo a toLal value of Rs. 25,000 in each case during the course of a licensing period.

(2) Applications for emergency licences for im- port of spare parts in excess of the value limit men- tioned in sub-para (1) will also be considered from Slate Electricity Boards/Projects/Undertakings provi- ded the total value of such licences obtained in the course of a licensing period including the value of licences obtained under sub-para (1) above does not exceed Rs. 2.5 lakhs per annum per 100MW of Ther- mal Plant and Rs. 1 lakh per annum per 100 MW of Hydre Plant for the maintenance of which the spare parts are sought to be imported. Along with each import application, the applicant should furnish a decla- ration to the effect that the value of spare parts applied for is within the aforesaid monetary ceilings allocated by the Ministry of Irrigation and Power, New Delhi for the purpose.

(3) Applications for licences in terms of sab-para (2) above can be made to the Headquarters office of the Chief Controller of Imports & Exports, New Delhi or to the Regional licensing authority concerned. In each application the applicant should indicate the

value of emergency spare licences already obtained or applied loi dining trie ttunic licensing penoU. The ap- plication should also be supported by a list of spores sought to be imported, indicating the c.i.f. value of each item.

(4) Import licences issued under this provision will

have an intial validity period of 12 months.

Z14. /\ppn^tttiuiia Uw aineiniuieiiia ui iictu^cb slioulij be made by the State Electricity Boards/Undertakings/ Projects direct to the Chjef Controller ol imports and Exports, and not through the Central Water and Power Commission. However, where any change in the value or description of goods is sought, the application tor amendment should be routed through the Central Water and Power Commission.

Import oj raw materials, components and

major assemblies

212. The State ElectriciLy Boards/Undertakings/ Projects should make Inejr applications tor trie import ot raw materials, components and major assemblies to the Chief Controller of imports and Exports, New Delhi, in the manner indicated below :—

(i) The application should be sent to the Central Water and Power Commission, New Delhi, in the form "K" given in Appendix 3.

(ii) The application should be in duplicate and

supported by the following :—

215. Application for revalidation of licences, should also be made direct to the Chief Controller of Imports and Exports, New Delhi. While applying for revalida- tion of licences issued for the imports ot goods under foreign Credits. Loans, or other tied resources, it should be clearly indicated whether the dace/period upto which revaiidanon is asked for, falls within the date/period of terminal delivery fixed under the parti- cular Credit, etc.

216. Applications for import of essential require- ments by hJectncity Project or Undertakings in die private sector will also be considered by tbe Cnief Con- troller ot Imports and Exports, New Delhi, on the re- commendation of the Central Water and Power Com- mission having regard to the import policy m force. Such undertakings should make their applications in Form B'.

Part C—Government departments/ projects

(a) A treasury receipt showing the payment of application fees on the value applied tor. (It may be clarified that a State Electrici- ty Board or Undertaking or a Project run as a Department of aCentral or a State Government is exempt from payment of application fees).

(b) Seven copies of die list of items sought

to be imported.

(c) Any other document/information conside- red necessary or required in terms of the provisions of this book; or the Import Trade Control Policy Book; or ar- other Public Notice/Trade Notice issued in this regards.

(in) The Central Water and Power Commission will forward one copy of the application along with the treasury cnallan and five copies of the list of goods, including one copy duly attested by them, to the Chief Controller of Imports and Exports, New Delhi, with their recommendation.

(iv) The Central Water and Power Commission will also send a copy of the list of the itemi to the applicant for his information, with such amendments as may be made by them in the list.

217. Import licences to Central and State Govern- ments departments/projects will be granted againsi the specific foreign exchange ceilings allocated/released by the Government of iridia and on the basis of the indi- genous clearance given by the D.G.T.D.

218. The applications for licences may be made to the Chief Controller of Imports and Exports. New Delhi, or to the regional licensing authorities concern- ed.

219. The applications for the licence should be made in form 'B' as given in this book. The applicant should send only one copy of the application to the licensing authority accompanied by the following :—

Capital goods and electrical plants

213. Applications lor import of capital Roods and electrical plants may be made by the State Electricity Boards/Projects on the basis of foreign exchange released to cover the import and based on the indigenous clearance given by the Central Water and Power Com- mission. The applications should be made to CCI&E New Delhi through Central Water & Power Commis- sion, New Delhi will be the same as indicated for the public sector undertakings in this chapter, except that indigenous clearance in such cases will be given by the Central Water and Power Commission in place of the D . O TD

(i) A letter from the administrative Ministry of the Government of India indicating tne sanc- tion for release of foreign exchange to cover the. import sought to be made. Such a letter should also certify in clear terms that clear- ance from indigenous angle has been obtained from the D.G.T.D. and that the concurrence of the Ministry of Finance (Department of Economic Affairs), Government of India for expenditure of foreign exchange has been

obtained.

ui) Five copies of the list of goods sought to be imported, as cleared by the D.G.T.D. from indigenous angle.

Note.—It may be clarified that the Central and State Government departments and projects run as a depart- ment of the Central or a State Governments arr exempt from application fees

² s ⁶/⁹⁰ THE GAZETTE 0£ INDIA EXTRAORDINARY

[pARt I—SEC. 1

I'un U—Non-industrial undertakings in the public

secwr

220. (1) The procedure indicated in paragraphs 217 to 219 above will also apply to non-industrial undertakings in the public sector.

(2) Import of spare parts by non-industrial under- takings—In respect of import of spare parts by non- industrial undertakings in the public sector, the appli- cants need not furnish lists of items sought to be im- ported and they need not also approach the D.G.T.D. lor indigenous clearance. In such cases, the follow- ing procedure will be followed :—

(i) While applying for an import-licence a list of the spare parts sought to be imported need not be furnished. Instead the apphcant should send a list of machinery and equip- ment for the maintenance of which the spare parts are required. The application will, as usual be supported by sanction of foreign exchange to cover the import as laid down in para 219 above.

(ii) Import licences will be issued without the list of items, subject to the condition that the licence will be valid for import of spare parts required for the machinery and equip- ment appearing in the list attached to the licence.

ujuisc oi 4 nccuiin^ pciuxj will 4ls>o be available lo irrigation projects ui tjje public sector. Applications tor emergency spares can be made by the irrigation Projects to tne regional licensing authority concerned. In each application, the irrigation Projects should indi- cate the vaiue of emergency (spares licences already obtained or applied for during tne licensing period.

{2) Application for emergency licences for import of spare parts in excess ot tne value limit mentioned in sub-para (1) will also be considered from irrigation Projects in tne Public Sector provided the total value of such licences obtained under sub-para (i) does not exceed Rs. 2.5 lakhs per annum per 100 MW of Thermal. Plant and Rs. 1 lakh per annum per 100 MW of Hydro Plant for the maintenance ot which the spare parts are sought to be imported. Along with such import application the applicant should furnish a de- claration to the effect that the value of spare appli- ed lor is within the atoresaid monetary ceilings allocat- ed by the Ministry of Irrigation and Power, New Delhi to the apphcant.

(3) Applications for licences in terms of sub-para (2) above can be made to the Headquarters office of the Chief Controller of Imports & Exports, New Delhi or to the Regional licensing authority concerned. In each application, the applicant should indicate the value of emergency spare licences already obtained or applied for during the same licensing period. The application should also be supported by a list of spares sought to be imported, indicating the ci.f, value of each item.

(4) Import licences issued under this provision will

have an initial validity period of 12 months.

222. Clearance for import of iron and steel items.—•

(iii) In an undertaking requires to import spare parts which are specifically shown as non- permissible in the Red Book (Vol. I), it should obtain indigenous clearance from DGTD. At the time of obtaining DGTD's clearance, the applicant should also indicate the itemwise value in respect of such items. Five copies of the list of goods cleared by the D.G.T.D. should be attached to the import application. The list as cleared by the D.G.T.D. will be attached to the licence.

(3) Import applications for spare parts should be made in Form 'B' and these applications can be made either to the Chief Controller of Imports and Exports, New Delhi or to the regional licensing authority con- cerned.

221. Import of spare parts by Irrigation projects— (1) The facility provided in paragraphs 206 to 210 for import of spare parts and in paragraph 194 for issue of emergency licences for import of spare parts to Industrial Undertaking in the public sector upto a total value of Rs. 25,000/- in each case during the Appendix 41 to the Import Trade Control Policy Book (Vol. 1) contains the import policy in respect ot iron and steel items. In the case of items not specifically mentioned in the said Appendix 41, the industrial undertakings in the public sector should obtain the necessary clearance for import from the Ministry ot Street & Mines, instead of obtaining such clearance from the D.G.T.D.

223. In respect of items the import of which is canalised through a Public sector agency, the licensing authority will issue a release order in favour of an Industrial Undertaking/Non-Tndustrial Undertaking Government Department/Project instead of issuing a direct licence, to enable the applicant to obtain sup- plies from the canalising agency. In respect of canaJis- ed item, a separate value limit should be indicated In the application against each item applied for.

CHAPTER IX

ACTUAL USERS (NON-INDUSTRIAL)

224. (1) Actual useis (.non-industrial) are those who require imported equipments, spare parts or other materials for their own use, but who are not engaged iu industrial production.

(,2) Actual users falling in this category have been nroadly classified iuto the following two sub-groups :— (i) Actual users (services), which include actual users like newspaper establishments, cons- truction agencies, fleet owners, garages and workshops, tyre retreading units, film studios and laDOratoncs, publishers of books and printers, (including those engaged in the prmtmg of exercise books, receipt books, leugers, card records, and various types ol invoice forms, folded, plain and printed sheets).

(ii) Actual users (Institutions), which include actual users hke educational institutions, re- search organisations, technical/technological Institution;! and hospitals.

(5) Applications tiom such actual users for import ot spare pans tot maintenance of the imported machi- nery and equipment, or indigenously-made machmery or equipment havmg imported components, or for im- port of oihci materials, will be considered in accor- dance with the rc;evant import policy in force. In respect of certain actual users falling in this category, specific provisions have been made in this chapter. Applications from other octual users in this category may also be considered on merits subject to the avail- ability of foieign exchange to meet the essential requirements of materials which are not available from indigenous sources.

ship units of newspaper/periodicals can submit one combined application covering the requirements of the various newspapers and periodicals owned by them giving details of the requirements of each establish- ment. For the import of printing machinery, separate applications should be made in accordance with the procedure laid down in Chapter VI.

(5) Eligibility to apply.—Import applications tor specialised requirements can be made after utilising the previous licences for these items to the extent of 90 per cent by opening letters of credit, or 60 per cent by actual importation, or 70 per cent by shipment ol goods. The evidence regarding utilisation of previous licences should be produced in the form of original or photostat copy of the Exchange Control or Customs copy of the licence, as the case may be. In lieu of Exchange Control copy a certilicate from the Bank regarding opening of letter of credit may also be acceptable.

(6) Accompanying documents.—Applications

should be accompanied by the following :—

(i) Treasury challan showing the payment of application fees on the case of newsprint, the newspaper establishments have been exempted from payment of application fees on an appli- cation covering a quality of not more than 40 tones of newsprint to be imported.

(ii) Details of the existing machinery, viz. des- cription of the machines, number of machi- nes, age of each machine, country of origin and c.i.f. value, in the case of imported machinery or purchase value, in the case of locally purchased machinery,

Newspaper Establishments/Publishers of Periodicals

225. (I) Licensing amhority.—Newspaper esta- blishment and publishers of periodicals, should make their import applications to the Chief Controller of Imports and Exports, New Delhi.

(2) Application form.—A separate simphhed form for submission of import applications has been pres- cribed for this category of actual users (Form M'). which is given in Appendix 3. The application for import licences should be made, in duplicate, in the prescribed form.

(3) Sponsoring authority.—(a) Applications (or import of newsprint and art paper should be made, in duplicate, through the Registrar of Newspapers, Minis try of Informal ion and Broadcasting, New Delhi.

(b) Applications for other import requirements should be made direct to the licensing authority, and not through the Registrar of Newspapers: only one copy of the application should be sent.

liii) Five copies of the list of items to be imported (iv) Any other evidence as may be necessary in

terms of the import policy in force.

(7) Application on annual basis.—Applications for import of newsprint and arl paper should be made on annual basis within the last date prescribed for this purpose in the relevant import policy. In resDect of other requirements also applications should be made on annual basis. But there will be no last date for sub- mission of such applications during a licensing period.

(8) Associate Presses can also apply.^Applica- tions for import requirements other than newsprint and art paper, will also be considered from associate presses who have long-term arrangements/contracts with the owners of newspapers for the printing of their news- papers/periodicals. In such cases, the applicant should produce satisfactory documentary evidence in support of their having long-term arrangement/contract with the newspapers

Printers

(4) Consolidated applications.—The application* should be consolidated ones, covering the import re- quirements of the applicant unit in respect of all Items, excluding newsprint and art paper Common owner- 226. (1) Licensing authority.—Import applications from printers other than Bssociate presses referred to In

sub-para (8) of para. 225 above, will be considered by me idgiuiial ii^cuMug authorities concerned, eAcept lor printing machinery tor which the licensing authority is the Chief Controller of Imports and Exports, New Delhi.

(2) Sponsoring authority.—(a) Applications for licences should be made through the sponsoring autho- rity concerned. The sponsoring authority in the ca.se of a printing unit will be the State Controller of Print- ing. Uut the units which have already got themselves registered as small scale units with the State Director of Industries, should make their applications through )he State Director of Industries only.

(2) Form and manner of application.—The applica- tious stiuuid be made on annum basis in the prescribed form 'B'; and it should be accompanied by a treasury challan showing payment of application fees. There will be no last date for submission of such applications during a licensing period,

(3) The application should be supported by evi- dence to show that the applicant has published book!>, namely a certificate from the Federation of Publishers and Book Sellers Association in India, A—84A, NDSE Part 11, New Delhi-49; or the Publishers Association of India, 14/18, Calicut Street, Ballard Estate, Bombay-1; or the Indian National Reference Library, National Library, Belvedere, Calcutta-27 or Federation of Indian Publishers, 21, Western Court, New Delhi; or any other satisfactory evidence to this effect.

CONSTRUCTION AGENCIES

(b) In respect of printing units situated in West Bengal other than those registered as small scale units, the sponsoring authority will be the State Director of Industries; and in the case of printers registered as small scale units, the sponsoring authority will be the Director of Cottage and Small Scale Industries, West Bengal.

(3) Eligibility to apply.—Import applications for specialised requirements can be made after utilising the previous licences for these items to the extent of 90 per cent by opening letters of credit, or 60 per cent by actual importation, or 70 per cent by shipment of goods. The evidence regarding utilisation of previous licences should be produced in the form of original or photostat copy of the Exchange Control or Customs copy of the licence, as the case may be. In lieu of Exchange Control copy, a certificate from' the Bank, regarding opening of letter of credit, may also be accep- lable.

(4) Form and manner of application.—Applica- tions should be made in the prescribed form 'B* and should be supported by the following :—-

(i) Treasury challan showing the payment of application fees on the value applied for.

(ii) Details of the existing machinery, viz., des- cription of the machines, age of each machine, country of origin, and c.i.£ value, in the case of imported machinery or purchase value, in the case of locally purchased machinery.

(iii) Five copies of the list of items to be imported.

(iv) Any other evidence as may be necessary in

terms of the import policy in force.

(5) Consolidated applications.—The applications should be consolidated ones covering the require- ments of the applicant unit in respect of all items ex- cluding printing machinery.

228. ( I) Licensing authority.—Applications fur import of spare parts by constructing agencies will be considered by the regional licensing authorities con- cernd.

(2) Form and mannei of applications.—(a) The applications should be made on annual basis in the prescribed form ' B\ It should be accompanied by treasury challan showing payment of application fees.

(b) Applicants should furnish five copies of the list of spare parts sought to be imported. Applications may b considered for import of items recommended by the sponsoring authority and not available from in- digenous sources.

(c) There will be no last date for submission of

applications during a licensing period.

(3) Particlars of machinery to be furnished.—The applicant should furnish with his application a state- ment indicating the description of machinery, the age of the machinery, the country of origin and the c.i.f. value of the imported machinery or purchase value of the locally purchased indigenous machinery, for the maintenance of which the spare parts are sought to be imported.

(4) Sponsoring authority.—Application for an import licence should be made through the Director of Industries of the State in which the machinery referred to in sub-para (3) above is in use, or through the Director of Industries of the State in which the head office of the applicant is situated. The State Director of Industries will make his recommendation in con- sultation with the concerned department of the State Government.

GARAGES AND REPAIR WORKSHOPS

(6) Annual applications.—Applications should be made on annual basis. There will be no last date for submission of applications during a licensing period

Publishers of books

227. (1) Licensing authority.—Applications from publishers of books will be considered by the regional licensing authorities concerned for import of exposed nagatives and positives of books for reproduction of titles.

229. (1) Licensing authority.—Applications from garages and repair workshops for import of spare parts ol machine tools and permissible garage tools will be considered by the regional licensing authorities con- cerned.

(2) Form and manner of application.—(a) The applications should be made on annual basis in the prescribed form ' B\ and it should be accompanied by a treasury challan showing payment of applications fees

(ii) Financiers who have advanced loans for pur- chase of vehicles which are being run by individual operators, will not be eligible to receive a licence as fleet owners.

TYRE RETREADING UNITS

(b) It will not be necessary for the applicant to furnish the list of items sought to be imported. The licence, if issued, will be valid for the import of per- missible garage tools and spare parts of machine tools required for the equipment used by the applicant, subject to such restrictions as may be imposed by the licensing authorities under the import policy in force. (c) There will be no last date for submission of

such applications during a licensing period.

(3) Sponsoring authorities.—The application.-

should be made through State Directors of Industries.

231. (1) Licensing authority.—Applications from tyre retreading units for import of permissible spare pans of machinery will be considered by the regional licensing authorities concerned.

FLEET OWNERS

230. (1) Licensing authority.—-Application from State Transport authorities and other fleet owners, owning a fleet of 25 vehicles or above, will be consider- ed by the regional licensing authorities concerned for the import of permissible motor vehicle parts in terms of the import policy in force.

(2) Form and manner of application.—(a) The applications should be made on annual basis in the prescribed form 'B' and it should be accompanied by a treasury challan showing payment of application fees.

(b) It will not be necessary for the applicant to furnish the list of items sought to be improved. The licence, if issued, will be valid for the import of per- missible spare parts of machinery required for the equipment used by the applicant, subject to such restrictions as may be imposed by the licensing autho- rities under the import policy in force.

(c) There will be no last date for submission of

such applications during a licensing period.

(3) Sponsoring authorities.—The applications should be made through State Directors of Industries.

FILM STUDIOS AND LABORATORIES

(2) Co-operative Societies can also apply.— Such applications will also be considered from a co-operative society of transport operators with a total fleet of 25 vehicles or above. Such co-operative societies should be duly registered with the State Registrar of Co- operative Societies. The application for licence should be made through the State Registrar of Co-operative Societies, who will forward the application to the licensing authority concerned with his recommendation. The Registrar of Co-operative Societies will also verify the correctness of the particulars of the vehicles accom- panying the application. It may be clarified that the co-operative societies, like other fleet owners, will be required to furnish valid I.V.C. Registration/Exemption number, while applying for import licences.

(3) Form and manner of app/Zcarion.—Applications under the provisions should be made in the prescribed form 'B' and should be supported by the following :— (i) A treasury challan showing payment of the

application fees on the value applied for.

(ii) A statement indicating the registration number of each vehicle, the year of make and the country of origin of each vehicle for the maintenance of which the motor vehicle parts are sought to be imported. Tills state- ment should be certified by the Recional Transport Authority, or State Motor Trans- port Authority, or State Motor licensing Officer.

232. (1) Licensing authority.—Applications for import of spare parts, studio bulbs and other materials will be considered by the regional licensing authorities concerned, from film studios and laboratories in terms of the import policy in force.

(2) Applications for import of processing chemicals

will also be considered, from the film laboratories.

(3) Form and manner of applications.—(a) The applications should be made on annual basis in the prescribed form ' B\ and it should be supported by a treasury challan showing the payment of application fees on the value applied for.

(b) Five copies of the lisi of kerns sought to be

imported.

(c) There will be no last date for submission of

such applications during a licensing period.

UNIVERSITIES, INSTITUTIONS AND

HOSPITALS

(iii) It will not he necessarv for the applicant to furnish a list of items soughi to be imported. Import 1icence<: will be valid for such items nf motor vehicle' parts, as mav he permitted hv the lWn"inp authority. nnHpr thp relevant Impori tvilirv in force

fiv) There will be no last date for submission of

such applications during a licensing period.

( 4) ( I) I t ic k i l l u w i n jl " C I U L I UN uv.JI m il Ot U l k cn

into consideration as a part of the fleet for the purpose ol t.hcKc provisions .—-

(a) Motorcycles, scooters and auto-rickshaws. (b) Passenger cars meant for private use.

233. Licensing authorities.—(a) Applications, roc ihe grant oi import licences fiuru universities, educa- iiuiiaJ institutions, research organisations, technical/ icchnolugical institutions and hospitals, will be con- sidered by the Chief Controller of Imports and Exports, New Odin unless otherwise provided.

universities, and technical and educational institutions for import of technical books and permissible categories nt iimua/ino .mil loumals will t>e considered by the regional licensing authorities.

^{2 8 6}/⁹⁴ THE GAZETTE OF INDIA EXTRAORDINARY

234. Sponsoring authority.— (a) Applications from departments and constituent college of universities and institutions affiliated thereto, (excluding medical and agricultural institutions), should be made through the University Grants Commission, New Delhi.

(b) Applications from technical/technological insti- tutions should be made through the Ministry of Edu- cation and Youth Services, New Delhi or the Depart- ment of Science and Technology , New Delhi.

(c) Applications from agricultural institutions should be made through the Ministry of Food, Agri- culture, Community Development and Co-operation. (Department of Agriculture), New Delhi,

(d) Applications from hospitals and medical colleges should be made through the Health Depart- ment of the Central or State Government concerned.

(e) Applications from Bhabha Atomic Research Centre and Tata Institute of Fundamental Research should be made to the Joint Chief C ontroller of Imports and Exports, Bombay, Applications for import of Iron and Steel items in such cases, should also be made to Joint Chief Controller of Imports and Exports, Bombay (Iron and Steel Division). The Joint Chief Controller of Imports & Exports, Bombay will deal with such application!-., irrespective of the location of the applicants Units to which the import requirements pertain. The applications for import of capital goods should, however, be made to the Chief Controller of Imports & Exports (C.G. II Section), New Delhi.

(f) Application in terms of sub-para (b) of para- graph 233 can be made direct to the regional licensing authorities concerned.

235. Form and manner of applications.—(a) Appli- cations should be made in the form prescribed for actual users (from 'P'), as given in Appendix 3.

(b) The application should be a consolidated appli-

cation covering all the items sought to be imported.

(c) Each application should be accompanied by seven copies of the list of items to be imported. The quantity and value in respect of each item should be indicated in the list. Where an applicant has to import goods through different agents by obtaining letters of authority in favour of such agents, the application for licence should be accompanied by separate list of goods to be imported through each agent in such cases, the applicant can also make separate applications for licences in respect of goods to be imported through different agents.

(d) There will be no last date for submission of applications during a licensing period. The sponsoring authority may, however, fix a last date for submission of applications to be made through it.

(e) The sponsoring authority will send the applica- tions to the licensing authority concerned along with its recommendations and the sanction for the release of foreign exchange, wherever necessary.

[PA RT l _ sE C. [

port licences should furnish the following informa- tion :—

(i) the department/course/subject etc, or other purpose, if any, for which the stores covered by the application are required;

(ii) the details of the stores already possessed by

the institutions;

Oil) particulars (number, date and value) of each import licence issued to the institution for the same stores during the last three licensing periods, and the extent of utilisation in res- pect of each licence;

fiv) whether the stores covered by the application are required for the replacement of old stores or for expansion;

(vi whether the stores covered by the application are required for the implementation of any scheme (a brief summary to be given of the scheme, if any) sanctioned by any authoritv (to be named); and

f vi) whether and why the import of stores covered by the application (a) is considered urgent and inescapable, and (b) cannot br post- poned.

(2) A statement should be furnished giving parti- culars (number and date, description of stores and value) of their applications for import licences sub- mitted by the institution during the licensing oeriod covered by the application.

237. The institutions should also furnish the follow-

ing additional information indicated against each :—

(a) By Educational institutions.—

(i) Whether the institution is recognised by any competent body srch as an University or a Board, and if so, the name of the University or Board, etc., concerned,

(ii) Whether the institution forms a department or a constituent of affiliated institution of the University.

Ciii) Whether the institution is managed bv Government or some Corporation /Munici- pality, etc., (to be named), and if managed by Government, whether it is managed by the Central or a State Government.

(iv) The number of students on roll,

(v) The Post-graduate courses conducted

(vi) The number of students undergoing each

post-graduate course.

fvii) Particulars of grants, if any. received from Central or State Government or the Univer- sity Grants Commission, or anv other bodv (to be named).

'h) By Research Institutions.—

•INFORMATION TO RE FURNISHED WITH

IMPORT APPLICATIONS

236. (1) All institutions including med'cal colleges and research/agricultural institutions applying for im- (i) Whether the institution is managed bv Gov- ernment or some Corporation/Municirmlity, etc.. (fr> be named¹*: and if mnnaeed b'v Government, whether it is managed by the Central nr n State Government

t,u) wiicLilci lli- iiiMULLLlun tonils a iJcpaitiiu/iH

of a constituent or alfiliated institution of the university;

(iii) number of research workers on roll;

(iv) subject on which research is conducted and;

(v) particulars of grants, if any, received from the Central or the State Government or the University Grants Commission or any other body (to be named)

238. Hospitals applying for import licences should

clearly state :—

(i) whether the hospital is managed by Govern- ment or some Corporation/Municipality, etc., (to be named), and if managed by Government whether it is managed by the Central or State Government;

(ii) number of wards and beds in each ward;

(iii) particulars of grants, if any, received from the Central or the State Government or any other body (to be named).

(iv) an inventary of the major equipment and apparatus available with the applicant;

(v) whether the equipment proposed to be im- ported is new, complete or a major replace- ment; and

(vi) details of import licences obtained by the applicant during the last three licensing periods, indicating in each case the licensing period, the number and date of the licence.

as value, buel desenpuuu ui goods and 'lie imports effected.

239. Applications for import of goods received as g'f:s by hospitals up to a value not exceeding Rs. 10,000/- may be considered by the regional licensing authorities concerned, if the goods sought to be import- ed are not intended for sale and an evidence of free supply is produced.

240. Indigenous clearance.—Import applications will be considered from universities, institutions and hospitals only in respect of such items which have been cleared by the D.G.T.D. under the import policy in force. The sponsoring authorities should, therefore, obtain clearance from the D.G.T.D. before recom- mending the licence. In their recommendation, the sponsoring authorities should clearly indicate that clearance has been obtained from the D.G.T.D. in res- pect of the items recommended for import. The num- ber and date of the D.G.T.D,'s communication per- taining to the clearance given, should also be quoted.

241. Application fees.—-(1) Hospitals owned by Central or a State Government are exempt from pay- ment of application fees.

(2) Educational, charitable or missionary institu- tions applying for goods for their own consumption, are also exempt from payment of application fees.

242. I.V.C. Number.—The. production of I.V.C. Registration/Exemption number has been dispensed with in the case of application for licences from edu- cational or charitable institutions which are exempt from payment of income-tax.

CHAPTER X

REPLACEMENT LICENCED

242. Replacement licences or Customs Clearance Permits for the import of goods to replace those which are shore-supplied, short-landed, lost or damaged in transit or those found defective or otherwise unfit for use after import, will be granted in terms of the pro- visions; contained in the succeeding paragraphs.

(2) In cases where an insurance policy has been taken from a non-resident insurance company, the re- placement licence under sub-para, (1) above will be issued subject to the following condition :—

"The licence shall not be used for remittance abroad except with the prior approval of the Reserve Bank of India."

Shortshipment, short-landing or loss in transit

before import

243. Where the import of goods would have been covered by a valid licence if they had in fact arrived, but are short-supplied, short-landed or lost in transit prior to actual import, and are detected as such at the time of clearance through Customs, no fresh licence would be issued to cover the, goods supplied in re- placement thereof, if the original licence is available for their import. If the original licence has expired, it may be revalidated to facilitate the imoort of such goods.

(3) Where an insurance policy has been taken from an Indian company, a replacement licence under sub- para (1) above may be issued without the condition mntioned in sub-par (2) above, provided the licens- ing authority is satisfied on the basis of evidence in the form of a certificate from the insurance company that the insurance policy in respect of the goods lost, damaged etc. had been issued by the company in India and the claim has been accepted for payment in Indian rupees.

Loss or damage after import

244. (1) In cases where goods are lost or damaged after import, replacement licences may be issued by the licensing authority, but this provision will be appli- cable only when the loss or damage is caused on the docks after landing provided the goods in question were covered by insurance policy at the time of such loss or damage. In such cases, the application for replacement licence may be considered on production of the following documents :—

(i) The insurance survey^certiflcate issued by any authorised insurance surveyors to the effect that the goods were actually lost or damaged while on the docks after landing.

Note.—It may be clarified here that under the Ex- change Control Manual, Indian branches and agencies of Indian insurance companies whose head offices are outside the Indian Union are regarded for Exchange Control purposes as resident in India and are subject to the same regulations as companies registered in India. Therefore, it has been decided that insurance cover taken by the Indian importers with such Indian branches of the insurance companies incorporated abroad is to be treated as insurance placed with resi- dent company inrespect of which insurance claim will be settled in rupees locally.

(4) If the insurer settles the claim on the condition that the damaged /defective goods shall be surrendered to him, the applicant will be required to surrender vuch goods to the insurer who settled the claim.

Goods found defective or unfit for use aiter import

fii) A certificate from the insurance company to the effect that they have accepted the claim for payment of Rupees (the amount to be specified) as the cost of the poods lost or demaged

NB.—Where u is confirmed by the insurers or thcu local agents thai separate insurance survey has not been conducted and thai the claim has been settled on the basis ol survey conducted by the steamer agents or on the basis ol the certificate of eAamination by the Customs auiiiurmesi, or the certificate of Don-delivery isiueO b> the Purl ltust autnurues, the licensing autbo- tuv UIA) iLtcpi such ecitihcate/survey reporl issued hy the- sicrtinei ,tgt,ins oi customs ui Pon Trust authorities in lieu of insurance survey certificate. How- ever, it the survey report of the certificate produced by the applicant does not give specific details in regard to the loss or damage claimed, he may be asked to produce additional evidence such as correspondence exchanged with the carriers, insures and Port Trust authorities.

245. (1) Goods supplied free of charge in replace- ment of those previously imported which have been found to be defective or otherwise unfit for use, would be allowed to be cleared under Open General Licence No. IV provided the conditions stipuated in the said Open General Licence are fulfilled. A copy of the Open General Licence No. IV, as amended, is given in Appendix 24 to this book.

(2) In cases involving Impon of goods free of charge, in replacement of those found defective or unfit foe u^f after import, which are no! covered by Open CiiMit-ral I ice.ncr No fV, the licensine anrhnritv mav consider the application for replacement licence or Customs Clearance Permit on production of the fol- lowing documents :—

(i) Survey certificate issued by any authorised surveyors to the effect that the goods were actually received in defective condition and required replacement.

(ii) Original evidence of acceptance by suppliers abroad to replace the defective goods free of charge.

N.B.—In cases where foreign exchange is required to cover further insurance and freight, the amount for which the Exchange Control copy of the licence should be made valid should be clearly indicated in the appli- cation for replacement licence.

(3) If the supplier accepts to replace the goods free of charge on the condition that the damaged goods or goods found otherwise- unfit for use, shall be return- ed to him, the applicant will be required to return such goods to the supplier abroad. Also, the Exchange Control copy of the licence, if issued in such cases, will be valid for the remittance of foreign exchange required to cover further insjfrance and freight only, in respect of goods to be imported against the licence.

(i) A certificate from the insurance company to the effect that they have accepted the claim for payment of Rs.——(the amount to be specified) as the cost of goods found to have been lost, damaged or broken; and

(ii) Survey certificate issued by any authorised surveyors to the effect that the goods were actually found to be damaged, broken or lost. Jn lieu of such survey certificate, the licensing authority may also accept any other satisfactory evidence in support of the loss, damage or breakage noticed.

(b) The provision of sub^paras (2), (3) and (4)

of paragraph 244 above will apply in such cases also.

Replacement oi machinery items

248- Applications for rij|>lacement licences or Cus- toms Clearance Permits in case which are not covered by the provisions contained in this chapter will be considered on analogous prnciples on merits by the licensing authority concerned.

Procedure for submission of applications for replace-

ment licences

246. (1) In the case of Machinery items, the defect in any part of the machine or its breakage cannot, in certain cases, be ascertained unless the machine or its part is installed (i.e., bolted to the ground) and put in operation. Tn such cises and also in cases involving replacement of goods, which are rendered defective after use during the guarantee t^riod, if the supplier agree to replace the defective nr broken machine o* its part free of charge, the application for replacement licence may be considered on production of the fol- lowing documents :—

(i) Original evidence of acceptance by the foreign supplier to replace the goods in question free of charge.

(ii) A certificate from a qualified engineer to the effect that the particular machine or part thereof, is considered unfit for use in the main plant etc., for which it was intended.

(iii) Original evidence showing the date of pre- vious importation of machinery and the period of guarantee given by the foreign manufacturer/supplier.

Note : No application for replacement licence need be made under this provision, in cases cover- ed by OGL TV.

(2) The Exchange Control copy of the replacement

licence, if issued in terms of the provision of this parapraph, will be valid for the remittance of foreign exchange required to cover further insurance and freight only.

(3) If the supplier accepts to replace the goods free of charge on the condition that the machine or its part originally imported, shall be returned to him, the applicant will be required to return the machine or its part, originally imported, to the supplier abroad,

247. (a) Tn the case of machinery, if any part of the machine is found broken, lost or damaged upto the time of installation of the plant/machinery and such loss or damage or breakage, as the case may, be, was covered by the marine insurance, the licensing authority may consider the application for the grant of replace- ment licence in such a case, provided the applicant pro- duces the following evidence :— 7—ICC of I&E/75

249. (1) Application for replacement licences or Customs Clearance Permit should be made, complete in all respects, in the prescribed from (Form 'M') and should be sent to the licensing authority who had issued the licence against which the goods were originally Im* ported, The application should be accompanied by.—

(i) treasury receipt showing the amount of appli- cation fee paid on the value applied for; and

(ii) documentary evidence considered necessary or required in terms of provisions of tffls book; or the relevant Import Trade Control Policy Book; or any Public Notice/Trade Notice, issued in this regard.

(2) The application for licence/revalidation of original licence should be made within a period of 60 days, after the short-shipment, short-landing, loss in transit or the defect in the imported goods is noticed; or within 60 days from the date the foreign supplier accepts to replace the goods free of charge, whichever date is later. In cases, where the importer has made a claim for the cost of such goods on the insurance com- pany, he should make an application for replacement licence/revalidation of original licence within a period of 60 days after the claim has been accepted or set- tled and the payment made by the insurance company.

(3) Application received after the prescribed period of 60 days will be liable to be rejected. But in deserv- ing cases, the licensing authority may consider such application, if received within 90 days instead of 60 days.

(4) Application for replacement of machinery or any part thereof should be made within a period of 90 days from the date of arrival of the machinery in the applicant's factory or godown, except in cases covered by the guarantee given by the foreign supplier /manu- facture for replacement for goods rendered defective after use. Tn eases where the importer has made a claim for the cost of such goods on the insurance com- pany, he should make an application for replacement licence within 60 days of the settlement of the claim by the insurance company.

(5) In the case of aplications for replacement of machinery or parts thereof, the licensing authority may condone delay up to 60 days,

(6) Applicants are required to furnish original documents in support of their applications for replace- ment licences. Where an applicant wants that the original documents may be returned by the licensing authority, he should furnish attested copies of such documents alongwith the original documents. The licensing authority, after displace of the application, may retain attested copies and return the original question to the applicant.

(2) 'Notwithstanding the restrictions indicated in sub-para (1) of this paragraph, the licensing authority may consider applications for the grant of Customs Clearance Permits or replacement licences, as the case may be, for import of machinery and parts thereof in replacement of the originally imr ported goods which were found defective or otherwise unfit for use, provided that in the case of such goods supplied free of charge in pursuance of suppliers gua- rantee, the licensing authority is satisfied that the im- porter was unable to have the goods shipped under OGL IV within the period of guarantee itself.

Replacement licences not to issue in certain cases

250. (1) Normally no replacement licences or Cus- toms Clearance Permits will be issued in terms of these provisions in cases where, at the time of issue of the licence, the goods are not licensable to the class of importer concerned, according to the import policy in force. But in cases of genuine hardship, the licensing authority may issue the licence, if otherwise admissible, even in respect of goods which are not licensable to the class of importer concerned at the time of issue of the licence, provided the original import was made during the same licensing period in which the replacement licence is issued or during the immediately preceding period.

Note No. 1.—The date of original import for the purpose of this paragraph wil also be the same as indicated in paragraph 35 of this book.

Note No. 2.—The restriction on the issue of replace- ment licences indicated in this paragraph will also apply to the requests for revalidation of licences being considered in terms of para 243 of this book.

(3) Where at the time of issuing a replacement licence or a customs clearance permit, the import of the goods, in question, is canalised through a public sector agency, the licensing authority may consider the application on the following basis :—

(i) In cases covered by an insurance claim, a release order may be issued instead of a re- placement licence, to enable the applicant to obtain supply of the goods from the canalis- ing agency; and

(ii) in cases where the goods are to be supplied free of charge by the foreign supplier, the licensing authority may issue a customs clearance permit in the name of the canalising agency concerned with a Letter of Authority in favour of the applicant to enable him to import the goods.

(4) Where an importer accepts the damaged or defective goods on an allowance allowed to him either by the supplier or by the insurance company, the im- porter will not be entitled to the grant of replacement licence in respect of the goods so accepted.

CHAPTER XI

PERIOD OF VALIDITY AND REVALUATION OF LICENCES

Period of Validity

251. (1) The period of validity {i.e., the period of shipment/despatch) of import licences in respect of various items or categories of importers will be 12 months, unless otherwise provided.

(2) In the case of licences for raw materials/com- ponents/spares issued to actual users for imports from General Currency Area or Rupee Payment Area, the validity period of the licence will be 24 months, unless otherwise provided.

(3) The licences granted under the import policy for Registered Exporters will normally be valid for a period of 24 months, unless otherwise provided.

(4) The initial period of validity of C.G./H.E.P., licences other than those against tied credits" or 'foreign aid' will be 24 months. In the case of CG/ HEP licences issued against a tied/foreign credit, the initial period of vaiadity will be 24 months or the ter- minal date of the relevant credit, whichever is earlier. (Reference may be made to para 152 in Chapter VI in this behalf).

(13) Import licences for raw., materials/compo- nents/spares issued prior to 1st April, 1975 to actual users and registered exporters on General Currency Area or Rupee Payment Area and which have an initial valadity period of 18 months, will automatically be deemed to be valid for 24 months from the date of issue, provided these licences have not already been revahdated beyond their initial valadity period of 18 months.

(14) All import licences for Capital Goods, Heavy Electrical Plant and machine tools issued before 1st April, 1975 for import from General Currency Area or Rupee Payment Area and which have an initial validity period of 12 months will automatically be deemed to be valid for a period of 24 months from the date of issue, provided these licences have not already been revalidatcd beyond their initial valadity period of 12 months. This automatic extension in the period of validity will be subject to the condition that firm order is placed by the licence holder on the foreign supplier within the period for placement of firm orders already stipulated in the licence.

Date of shipment/despatch

(5) The initial period of validity of licences for machine tools covered by CG. scheme, will be the same as for CG. licences.

(6) The initial period of validity of licences granted for the import of equipment for irrigation projects will be one year. Where documentary evidence is pro- duced with the application for licence to show that firm order for the goods has been placed and accepted by the foreign suppliers, the licensing authority will issue such licences with a maximum validity period of three years.

(7) The period of validity of licences for the import of goods required to fulfil D.G.S. & D., Railway and Defence contracts, will be in accordance with the re-¹ commendation of the D.G.S. & D./Railway Liaison Officer/Ministry of Defence.

(8) The initial validity period of a Customs Clear-!

ance Permit will be six months.

(9) The initial validity period in respect of emer- gency licences for import of spares, issued to actual users will be six months.

(10) The initial validity period in respect of replace-

ment licences/CCPs, will be twelve months.

(11) The initial period of validity of import licences issued against various credits may vary according to the terms and conditions of the credit concerned.

(12) The initial validity period in respect of licences

issued to established importers will be 18 months, 252. Imports by sea.—In the case of shipments against import licences, made by sea, tho date of ship- ment of goods will be determined by the date on the Bill of Lading which generally shows the date on which the goods have actually been loaded on the ship.

Note.—A Bill of Lading is a document for the car- riage of goods and it is, therefore, a contract starting from the time when the goods are received on board the ship. When the goods are actually placed on board the ship, the mate's receipt is J6sued which is temporary receipt issued by an officer of the vessel on behalf of the mate. Bills of Lading are prepared from the mate's receipts and the Bills of Lading may or may not show the exact date on which the goods have actually been placed on the ship. Sometimes the Bills of Lading bear two endorsements namely (i) Received for shipment and (ii) Shipment in good condition and order. The date stamped against the aforesaid two endorse- ments, at times, differ. In such cases, the date shown against the endorsement No. (ii) above, i.e., shipped in good condition and order, appearing on the Bill of Lading, will be accepted as the date of shipment. How- ever, it will not be binding on the Customs authorities that this date should necessarily be accepted as the date of shipment. Where the Customs authorities have any doubt, it will be open to them to find out the actual date

of shipment by other means, i.e., from the report of Chief Officer of the ship and tally report of the ship etc.

(2) Imports by a/'r—In the case of imports by air, the date of air consignment note will normally be taken as the date of despatch of the goods, provided this date represents the date on which goods are despatched from the last airport in the country.

Note.—In cases where a doubt is felt whether the goods have been placed on the aircraft on the date as given in the consignment note, it will be open to the Customs authorities to seek further information such as the actual date of departure of the plane, the time of stay at the foreign airport of loading etc., to determine the actual date o[ despatch.

(3) Imports by post parcel.—In the case of post parcels, the date stamp of the office of despatch shown on the packets or despatch note is considered as the date of despatch of foreign parcels.

Similarly, the goods shipped or despatched after the expiry of the period of validity of the licence will also be unauthorised. Importers should, therefore, see and satisfy themselves that they hold a valid licence on the - date on which the goods sought to be imported are

shipped/despatched by the suppliers.

(2) Where Lhe date of expiry of an import licence falls before the last date of a month, the licence will automatically be valid to cover shipment made up to the end of that month. Also, in calculating the period of validity of a licence the date of issue of the licence is excluded. For instance, if a licence is isued on 10th November, 1968, and is valid for 12 months, it will normally expire on 10th November, 1969, but in accordance with the provisions of this paragraph, such licence will be treated as valid upto 30th November, 1969.

(3) In cases where the goods are shipped or des- patched before the date of issue of the licence or after its expiry, the imports will be treated as unauthorised by the customs authorities and the Import Trade Con- trol authorities will not entertain any representation in this regard.

Grace period

(4) Imports from land-locked countries.—In the case of imports from land-locked countries, such as Czechoslovakia/ and Switzerland which have no sea port of their own, the date of shipment will be the date of actual despatch of the goods by rail or road or any other recognised mode of transport from the country of origin of the goods to the consignee in Tndic on 'through consignment' basis.

Note No. I.—A through Bill of Lading tallying in all material particulars and giving evidence of no undue delay by halts or break of journey, will normally constitute sufficient proof of a 'through consignment'.

Note No. II.—This concession will applicable only in the case of imports from land-locked countries and not from countries which have sea ports of their own. However, it has been represented that even though East Germany has ports capable of taking ships with deep sea draught but for certain specific difficulties she is not in a position now to induce ocean going freighters of other coun- tries to call at W ports. Therefore, the date of issue of cross border certificate issued by the German Democratic Republic may be taken as the 'date of shipment' in the case of imports from East Germany.

254. (1) Tn order to facilitate shipment/despatch goods against licences, a grace period not exceeding 60 days is allowed after the date on which the licence expires. In the case illustrated in sub-para 253(2) above, the period of grace will commence from the 1st December, 1969, and the licence will be completely 'dead' on the 31st January 1970.

(2) The grdce period of 60 days will also be avail-

able in the case of Customs Clearance Permits.

(3) The importers can also avail of the grace period

of 60 days in the case of revalidatcd licences.

(4) The grace period cannot be claimed as a matter of right and no letter of credit should be opened or order placed against the licence during the period of grace.

(5) The grace period will be available in the case of licences issued against foreign credits also, provided this period can be accommodated within the specific date for shipment/despatch of goods stipulated in the conditions applicable to the relevant credit,

Validity of import licences to cover imports

253. (1) Validity is related to date of shipment/ (6) On certain occasions such as dockyard strike in the country of shipment when the importers face genuine difficulties and the goods cannot be shipped in time, the licensing authority may, by a general authori- sation extend the period of validity of any licence on an ad hoc basis for a specified period. Such extension, where granted, will be in the nature of enhanced grace period and the importers will not be entitled to open any letter of credit or place orders for the supply of goods during such extension. It may be clarified that if such enhanced grace period is more than 60 days, the licensee cannot separately avail of the normal grace period of 60 days under sub-para (1) of this paragraph.

Revaluation of licences

despatch.—The validity of an import licence is decided wtih reference to the date of actual shipment/despatch of the goods from the supplying country and not the date of arrival of the goods at an Indian port. If the goods are shipped or despatched within the period of validity of the licence, they will be allowed to be cleared even if they arrive at an Tndian port after the expiry of the licence, if the import is otherwise covered by the licence. On the other hand, if the goods are shipped or despatched before the date on which the licence Is issued, the import will be treated as un- authorised even though the importer holds- a licence on the date of arrival of goods, at an Indian port.

255. (1) Application for revalidation.—A form of application for revaluation of licences has been intro-

duced. The prescribed form appears in Appendix. 3 to this book. All requests for revalidalion of licences in the prescribed form actual users, established importers or others should be made in the prescribed torm. While applying for revalidation, the applicants should specilicahy indicate the amount for which lirrn and irrevocable commitment has been made and the amount which has been utilised during the initial period of validity including period of revali- dalion already availed of if any, in the appropriate columns of the prescribed application form. It is not necessary for an importer to get his import licence re- validated merely lor the purpose of remittances against the imports already made. In such cases tne importer may approach the authorised dealers in foreign ex- change with the relevant documentary evidence show- ing that the goods were imported within the validity period of the licence. The authorised dealers in foreign exchange will consider such cases in accordanca with the relevant rules.

(2) Actual users.—Requests for revalidation of actual user licences will be considered on merits by a licensing authority where such authority is satisfied that the requests for revalidation is based on genuine diiliculty and the refusal to grant extension will cause' hardship or loss to the licence holder. In deserving cases, licences may be extended by a period not ex- ceeding six months, provided such revalidation is other- wise allowed in terms of the relevant import policy.

(3) Established importers.—Requests for rcvalida- tion of established importer licences will be considered by a licensing authority on merits where such authority is satisfied that the licence holder had taken all possible measures to effect shipment/despatch within the vali- dity period of the licence in question but shipment/ despatch could not be effected for reasons^beyond his control. In deserving cases, licences may be extended by a period not exceeding six months.

(4) C.G./HEP.—(a) C.G./H.E.P. licences will bo issued subject to the condition that the licensee shall be required to place firm order on the foreign supplier within 6 months from the date of issue of the licence. If a licensee fails to place firm order on the foreign supplier wihtin 6 months, his requests for extending this period may be considered by the licensing authority, on merits, if the said authority is satisfied that the licensee was unable to place firm order within the stipulated period of 6 months for valid reasons, and that a refusal to grant further time for placing firm order will cause genuine hardship.

(b) In the case of CG/HEP licences, ot'jer than those against tied credits extension beyond the overall validity period of two years will not normally be granted but, in cases of special difficulty, th; requests for revalidation beyond this period may alsc be consi- dered in consultation with the sponsoring authority concerned having regard to the delivery period of goods.

(c) In the case of C.G./H.E.P. licences, other than those against tied credits, if the licensee fatfs to place firm order on the foreign supplier, or the foreign sup- plied has not accepted the order, during the stipulated period of 6 months or during the first extension, if any, granted for this purpose, the request for any further extension for placement of order may not ordinarily be considered. However, in special circumstances, the licensing authority may consider such requests on merits,

(d) In the case of C.G./H.E.P. licences issued against tied credits, if the licensee fails to place firm accepted by the foreign supplier within the a period of 6 months from the date of issue of the licence, or with- in such time as has been specified in the conditions of Lhe relevant credit for this purpose, whichever is less, and as per terms and conditions of the credit against which the licence is issued, the licensing authority may consider request for extension to validity period of the licence on merits, having regard to the delivery period of goods and the terms and conditions of the credit against which the licence is issued.

(e) in the case of C.G./H.E.P. licences issued against tied credits, if the licensee fails to place firm order within six months from the date oi issue of the licence or within such period as has been specified in the licence for this purpose, whichever is less, or the foreign supplier has not accepted the order within the same period as per terms and conditions of the credit against which the licence is issued, the licensing authority may consider on merits requests for allowing a further period to enable the licensee to place order subject to the terms and conditions of the relevant credit, if the licensee fails to place firm order in the extended period, or the foreign supplier has not accepted the order, requests for allowing further time for placement of firm order may be considered in consultation with the sponsoring authority concerned but in such cases, the licensing authority may exclude from the licence the items avail- able from indigenous sources, before further tim* is granted. But if a firm order has been placed and accepted by the foreign supplier during the extended period as per terms and conditions of the relevant credit against which the licence is issued, the request for further revalidation of the .licence may be consider- ed by the licensing authority as provided in sub-clause (b) of this sub-paragraph.

(f) Requests for revalidation of licences for import •)i plant and machinery issued to actual users, under the import policy for registered exporters will also be dealt with in accordance with the provisions of this sub-para.

(5) Registered exporters.—In the case of licences for raw materials, components and spares granted under the import policy for registered exporters, the period of validity may be extended for a period not exceeding six months, as in the case of actual users. Requests for rcvalidation beyond six months will be lurnmariJy rejected.

<6) Irrigation projects.—The licences for the import of equipment for irrigation projects will be extended to a maximum period of three years, on production of documentary evidence to show that firm order has been placed and accepted by the foreign supplier provided the licence in question was initially issued with a vali- dity of one year. Where the licence has already been issued with a maximum validity period of three years as provided in para 251 (6) of this chapter, normally, further extension will not be granted.

(7) D.G.S. & D./Railway/Defence contracts.— Licences issued against the D.G.S. & D./Railway/Dei- ence contracts will be revalidated on the recommenda- tion of the D.G.S. & D./Railway Liaison Officer/ Ministry Defence, as the case may be.

(8) Technical institutions.—The period of validity in respect of licences granted to universities, educa- tional institutions, research organisations, technical/ technological institutions and hospitals, may be extend- ed, upon request, depending upon the merits of each case.

(9) C.C.P.—A Customs Clearance Permit may be revalidated upto a period of six months. A C.C.P. issued for import or replacement consignment may be revali- dated for a period upto six months.

(10) Emergency licences for spares.—The period

of validity in respect of emergency licences for spares, issued to actual users, will not be extended.

(11) In cases not covered by sub-paras. (1) to (9) licence. However, in cases of specific hardship, the licensing authority may condone the delay in the sub- mission of the application for revalidation where such authority is satisfied that the delay in making the appli- cation for revalidation was due to circumstances beyond the control of the licensee.

(2) Date from which revalidation will take effect.— (a) Revalidation, where allowed, will be from the date of expiry of the licence when such licence is presented for revalidation before its expiry.

(b) In cases where the licence is presented tor re- validation after the date of expiry, the revalidation where allowed, will be from the date on which the application for revalidation is made, and the licensing authority will make a specific endorsement on the licencce to this effect.

(c) Notwithstanding the provisions of sub-para (b) above, a licensing authority may in cases of special difficulty, allow revalidation from the date of expiry of the licence, even if the licence in question is presented for revalidation after its expiry.

Period of validity and revalidation of Release Orders

above, no revalidation of licences will ordinarily be allowed. But in case of genuine difficulty, the licens- ing authority may grant extension for a short period on merits.

(12) Revalidation of an import licence allowed by a licensing authority may be subject to such conditions or restrictions as such authority may impose.

253. (1) The initial period of validity oE release- orders in respect of items the import of which is cana- lised through public sector agencies will be 12 months, unless otherwise provided.

(2) A release order shall be subject to the following Licensing authorities to whom applications for revali- dation should be made

256. (1) Subject to the additional facility as pro- vided in sub-paragraphs (2) and (3) below, the re- quest for revalidation of a licence should be made to the licensing authority who issued the licence.

(2) Requests for revalidation of actual user licences, established importers licences, licences granted under the import policy for Registered exporters and Customs Clearance Permits, issued by any licensing authority, will be entertained by all the regional licensing authorities.

(3) In the case of C.G./H.E.P. licences, other than those issued against tied credits, the requests for re- validation upto one year will also be entertained by all the regional licensing authorities, provided firm order has been placed and accepted within the .period pres- cribed for this purpose. Requests for revalidation be- yond this period should be made to the licensing authority who issued the licence.

(4) Requests for revalidation of import licences issued against foreign credits will be considered by the licensing authority who issued the licence.

257. (1) Applications for revalidation to be made in time.-—The requests for revalidation of licences should be made within the validity period of the condition inter-alia :—

"It is a condition of this release order that it shall be registered with the canalising agency concern- ed within 60 days from the date of its issue, in accordance with the conditions prescribed by the canaljsing agency concerned. Failure on the part of the release order holder to register the release order within the stipulated time will render the release order invalid for being serviced by the canalising agency."

(3) All release orders, including those registered with the canalising agencies concerned, within the period of sixty days as stipulated above, shall expire as soon their validity period is over and the canalising agencies shall not service the release orders which have expired.

(4) Requests for revalidation of release orders upto a period of 6 months may be considered on merits in cases where an applicant produces a letter, in original, from the canalising agency concerned that the goods could not be supplied within the initial validity period , on account of circumstances beyond the control of the

applicant.

(5) The request for revalidation should be made to the licensing authority which issued the release order sought to be revalidated.

CHAPTER XII

APPEAL AND REVIEW

259. When a person is not satisfied with the decision of a licensing authority, he may make an appeal against the said decision in accordance with the provisions hereinafter stated.

260. First Appeal.—(l)In respect of an application for import licence, an appeal, hi the first instance, will lie with the head of the office in which the application was dealt with. However, in the case of an application dealt with hi the Licensing Division at the Headquarters Office of the Chief Controller of Imports and Exports, New Delhi, the first appeal will lie with the Joint Chief Controller of Imports and Exports (Headquarters Licensing Division) in the Office of the Chief Control- ler of Imports and Exports, New Delhi. The first appeal in regard to the applications dealt with hi the Import Trade Control offices at (i) Visakhapatnam, and Pondicherry, (ii) Rajkot and New Kandla, (iii)i Araritsar and Srinagar and (iv) Shillong, will be with the Joint Controller of Imports and Exports at Madras, Bombay, New Delhi, (C.L.A.) and Calcutta, respect- ively.

exporters pertaining to their applications made under the import policy for registered exporters. Such appeals should, therefore, be addressed to the Chief Controller of Imports and Exports, New Delhi (REP Appeals) within a period of 45 days from the date of the order appealed against.

(3) The second appeal in respect of other applica- tions should be made so as to reach the Chief Controller of Imports and Exports, New Delhi (Appeal Wing) within a period of 45 days from the date of the order appealed against. The appellate authority may, on merits, condone the delay in fifing the appeal if it is satisfied that the appellant could not make his appeal in tune for adequate reasons.

(4) The second appeal should be accompanied by a treasury receipt of Rs. 10 towards payment of appeal fee deposited in cash at any Government Treasury or the office of the State Bank of India or the Reserve Bank of India for credit to the Central Government under the head "Import Licence Application Fees" subordinate to the major head '104—other General Economic Services'.

262. Opportunity of hearing to the appellants.—(1)

(2) The first appeal against the decisions of a¹ licensing authority in respect of an application made under the policy for registered exporters, will lie with the head of the office in which the application was dealt with. However, first appeals in respect of appli- cations dealt with by Controller of Imports and Exports, Srinagar will lie with the Joint Chief Controller of Imports & Exports, (C.L.A.), New Delhi.

(3) In the case of an application for recognition of new established importers and transfer of quotas, the first appeal will lie with the head of the office in which the applications was dealt with.

(4) The first appeals in regard to applications dealt with in the office of the Deputy Chief Controller of Imports and Exports (Iron & Steel), Faridabad, will lie with the Joint Chief Controller of Imports and Exports, Central Licensing Area, New Delhi.

(5) The first appeal under this paragraph should be made so as to reach the authority concerned within 45 days from the date of the order appealed against. No fee shall be charged on a first appeal. The appel- late authority, may, on merits, condone the delay in filing the appeal if it is satisfied that the appellant could not make his appeal hi time for adequate reasons.

261. Second Appeal.—(1) If the appellant is not satisfied with the decision of the appellate authority as indicated in paragraph 260 above, he may make a second appeal to the Chief Controller of Imports and Exports, New Delhi (Appeal Wing).

(2) A separate section has been set up hi the Office of the Chief Controller of Imports and Exports, New Delhi, to deal with second appeals from registered If an appellant desires to be heard in person hi con- nection with his appeal, he should say so specifically in his appeal. In such cases, an opportunity of hearing will be afforded to the appellant. If the appellant does not avail of the opportunity given to him, the appeal will be decided on the basis of the material available.

(2) Every effort will be.,made to dispose of a first appeal made to the Port Offices within 45 days of its receipt. A second appeal made to the Chief Controller of Imports and Exports, against the decision of the Fort Offices will ordinarily be disposed of within 90 days of its receipt. If, there is delay beyond these timelimits, due to unavoidable reasons, the Import Control authorities will inform the Appellant, the approximate time, within which, his appeal is expected to be disposed of. In case of inordinate delay, the Appellant can approach the Heads of Port Offices hi regard to his first appeal or the Joint Chief Controller of Imports and Exports in charge of appeal in regard to his second appeal.

(3) Where a first appeal has not been finally dis- posed of within a period of 90 days from the date on which the first appeal was received by the authority concerned, it will be open to the appellant to prefer a second appeal hi the matter to the Chief Controller of Imports & Exports without waiting for the decision on first appeal. In such cases, a copy of the first appeal should also be furnished with the second appeal.

263. Document to be submitted with appeal,—(1) The 'first' appeal should be accompanied by a copy of the decision against which the appeal is made and a proforma giving the following particulars :—

(a) Name and address of the appellant.

(b) Category of importer.

(c) Licensing period in respect of which the

appeal is made.

Cd) Licensing authority against whose decision

appeal is made.

(e) Brief description of goods.

(f) Serial No. and Part of the I.T.C. Schedule in

respect of the goods in question.

(g) A copy of the decision against which the

appeal is made.

(h) A brief statement indicating the reasons for which the application/first appeal has been rejected.

(2) The 'second' appeal should be accompanied by

( 2) The 'second' appeal should be accompanied by

the following documents : —

(i) A copy of the decision against which the

appeal is made.

(ii) A copy of the original application.

(hi) The original documents forwarded with the original application, if the appeal is based on a point of fact. In case the said docu- ments have been retained by the licensing authority, copies thereof, duly authenticated, should be produced.

(iv) Any other documents relied upon in support of the contention raised in the appeal.

(v) A proforma giving the particulars as referred

to in sub-para (1) of the paragraph.

264. An appeal made cinder these provisions will be liable to be summarily rejected if it is not received by the appellate authority concerned within the pres- cribed period.

265. Second appeal addressed to the Chief Controller of Imports & Exports, New Delhi should be sent in duplicate. Similarly the 'first' appeal made to the Joint Chief Controller of Imports & Exports at Madras/ iJombay/Calcutta/New Deini (CLA), as the case may be, against the decision of the Import Trade Control Offices at Faridabad, Visakhapatnam, Pondicherry, Srinagar, Rajkot, New Kandla, Amritsar and Shillong, should be sent in duplicate.

266. The procedure regarding 'first' and 'second' appeals as contained in tnis chapter will also apply to the decisions of licensing authorities in cases per- taining to forfeiture of bonds or enforcement of legal agreements executed by importers resulting from non- fulfilment of an export condition or any other condition of an import licence. The 'second' appeals in such cases may be addressed to the Chief Controller of imports & Exports, New Delhi (Export Obligation Cell).

267. (1) Application jor_ Review.—An application for review of the decision on a second appeal will also be entertained by the Chief Controller of Imports and Exports, New Delhi. Such application should be made within 45 days of the date of the communication con- taining the decision sought to be reviewed. After an application for review has been disposed of, no further request for review will be entertained and no reply will be sent to any such communication. The appellate authority may, on merits, condone the delay in filing the appeal if it is satisfied that the appellant could not make his appeal in time for adequate reasons.

(2) The review application should be accompanied by a treasury receipt of Rs. 10/- towards payment of fees deposited in cash at any Government Treasury or the office of the Stale Bank of India or the Reserve Bank of India for credit to the Central Government under the head "Import Licence Application fees", subordinate to the major head '104—other General Economic Services'.

(3) The applicant should also furnish with his re- view application, a copy of the decision against which the review application is made and a statement of grounds on which the review application is based.

CHAPTER XIII

LETTER OF AUTHORITY

268. Under the Imports (Control) Order, 1955, dated 7-12-1955, as amended, no import licence can be transferred or acquired except under and in accord- ance with the written permission of the licensing autho- rity or any other oilier authorised in this behalf. Therefore, in cases where no such permission is grant- ed, only the licensee is authorised to operate upon the licence issued to him, i.e. to place an order on the foreign supplier, to open a letter of credit, to make re- mittances of foreign exchange against the exchange control copy of the licence and to perform all other functions for the utilisation of the licence.

269. With a view to falling in line with the ordinary trade practice and, at the same time in order to exercise a proper check over the transfer of import licences, the licensing authority may authorise any person or concern to operate upon a licence on behalf of the licensee in accordance with the provisions stated below.

270. A licensee who desires another party to indent the goods from abroad or open a letter of credit or make remittances or to import the goods on his behalf against any particular licence issued to him, should apply for a letter of authority in favour of such party in respect of that licence. Such application should be made to the licensing authority who issued the licence. However, the application for the grant of letter of authority can be made to any regional licensing autho- rity also. Also, in respect of licences issued for import from rupee payment area or licences issued under foreign credits/loans, the request for the issue of letters of authority will be entertained by any regional licensing authority. A specimen form of letter of authority is given in Appendix 25.

271. It may be clarified that a letter of authority issued in respect of a licence granted on annual basis will enable the holder of the letter of authority to ope- iatc upon both the halves of the value of the licence in terms of the policy in force and the conditions applicable to the licence, and it will not be necessary for the licensee to obtain a separate letter of authority in favoui of the same person, for the second half of the value of the annual licence.

272. A letter of authority cannot be claimed as a matter of right. It will be granted only in respect ot those licences where the licensing authority is satisfied that for genuine and bona fide reasons, the licensee is not himself in a position to. operate on the licence. The licensing authority may also refuse to grant a letter of authority in favour of a person (or concern) who is, for the time being, subject to any action under Clause 8 or 8A of the Imports (Control) Order or the Exports (Control) Order.

273. (1) Declaration to be furnished by the appli- cant.—The aplication for a letter of authority should be accompanied by a declaration from the licensee staling that he has neither applied for nor obtained letter of authority in respect of the same licence from any other licensing authority. In cases where an appli- cation for a letter of authority has already been made or a letter of authority has already been obtained from any licensing authority in respect of a part value of the licence, it should be clearly stated in the declaration that the letter of authority already applied for or obtained does not cover the value for which a letter of authority is now desired. The reason for which the licensee cannot import the goods direct should also be explained in the declaration.

(2) The licensing authority may call for any other document/information for considering the request for the grant of a letter of authority.

274. (1) Functions of the holder of letter of autho- rity.—A pei son or concern in whose favour a letter of authority is issued by a licensing authority in respect of an import licence, will act as the licensee's agent so far as the particular import licence is concerned.

(2) The function of the holder of a letter of autho- rity will be limited, namely to operate upon the licence in question, i.e., to place an order, to open a letter of credit, to make remittances, to import the goods and clear the same through the Customs, on behalf of the licensee. The letter of authority holder can also apply, on behalf of the licensee, for rcvalidation of the licence. But he cannot make an application for any amendment in the licence or for the grant of a duplicate copy of the licence.

275. (1) Conditions of letter of a authority.—A letter of authority issued under these provisions shall be deemed to have been issued subject to the following conditions :•—-

(i) the person or concern in whose favour the letter of authority is issued will act only as an agent of the licensee and the goods im- ported shall be the property of tho licensee both at the time of clearance through the Customs and subsequent thereto. The licensee will have to ensure that the goods, on importation, will be delivered to him and shall not be disposed of otherwise. The licensee shall not cause or permit the holder of letter of authority to dispose of the goods. If the licensee fails to take delivery of the imported goods within three months from the date of clearance through the Customs authorities, he shall inform the licensing authority concerned explaining the reasons for the same.

(ii) the holder of the letter of authority shall clearly indicate on all the relevant Customs

documents including the triplicate copy of the Customs Bill of Energy that the goods have been imported by him on behalf of the licensee. This endorsement will be duly attested by the Customs authorities.

(iii) the holder of the letter of authority shall not, under any circumstances, be entitled to any quota licence or quota certificate on the basis of such imports.

(2) If, for any reason, the licensee has not been able to take delivery of the imported goods from the holder of the letter of authority and the licensing auliio- rity is satisfied that the goods, in question, will not serve the purpose for which the import was allowed, it may initiate action in respect of such goods under Clause 10-C of the Imports (Control) Order, 1955, dated the 7th December 1955, as amended.

277. Imports by Export Houses.—(1) If an actual user desires to import goods against his licence for raw materials, components and spare parts through a recog- nised Export House holding a certificate of eligibility, it will not be necessary for him to obtain a letter of authority in favour of such Export House, In such a case, the Export House can act as an identing house and import the goods on behalf of the licensee, without obtaining prior permission of the licensing authority. The functions performed by the Export House in ope- rating upon the licence shall, however, be subject to the same conditions asare applicable to the grant of letter of authority in terms of paragraphs 274 and 275 of this chapter.

(2) It shall not be open to a licence holder to import goods against the same licence through two different Export Houses.

276. Licences issued to agencies owned or controlled

by the Central Government and which are entrusted with canalisation of imports.—(1) The Imports (Control) Order, 1955 has been amended to the effect, that the conditions under items (i) and (ii) of sub- clause (3) of clause 5 of the said Order shall not apply to the licences issued to the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India and other similar institutions or agencies owned or controlled by the Central Government and which arc entrusted with canalisation of imports. It may however, be clarified that even in respect of licences issued to such agencies, a letter of authority from the licensing authority will be necessary if the licence is to be operated upon by a person other than the licensee. But such letter of authority will be subject to such terms and conditions as may be settled between the licensee and the party concerned 6r which may be imposed by the licensing authority having regard to the purpose for which such party has been allowed to import the goods against the licence.

(2) Where a letter of authority in such cases is issued to an actual user on the condition that the imported goods will be utilised by the holder of the letter of authority in his own factory, the letter of authority shall be subject to the "Actual User" condi- tion indicated in paragraph 89 of this book.

(3) The Export House operating upon a licence under this provision shall be required to produce evid- ence before the Customs authorities and the authorised dealers in foreign exchange in support of its having been granted a certificate of eligibility as an Export House by the Chief Controller of Imports and Exports, New Delhi for the period during which it has operated upon the licence in question.

278. Imports through Public Sector agencies.—(1) If an actual user desires to import goods against his licence for raw materials, components and spare parts through State Trading Corporation of India, or the Minerals & Metal Trading Corporation of India or any other similar institution or agency owned or controlled by Government, it will not be necessary for him to obtain a letter of authority in favour of such an agency. In such a case, the said agency can act an identing house and import goods on behalf of the licence holder without obtaining permission of the licensing authority. The functions performed by the said agency in operat- ing upon the licence shall, however, be subject to the same conditions as are applicable to the grant of letter of authority in terms of paragraphs 268 and 269 of this Chapter.

(2) It shall not bo open to an actual user to import goods against the same licence through two different agencies under this provision.

CHAPTER XIV

EXEMPTIONS FROM I.T.C. RESTRICTIONS

279. No licence is required, for the import of goods mentioned under the 'Savings' in Clause 11 of the Imports (Control) Order, 1955 dated the 7th December, 1955 as amended.

280. Interns of saving (i) of sub-clause (1) of the aforesaid clause 11 of the Imports (Control) Order, 1955, executive instructions have been issued to the Customs authorities to exempt the import of goods from the( Import Trade Control restrictions, in the following types of cases :— Bonding of exposed cinematographic films

space in the Indian press and for that purpose, send blocks to India. These blocks are intended to be destroyed after the relevant number of insertions have appeared. It has been represented that news- paper establishments are experiencing difficulty in clearing these advertisements blocks. As these blocks are imported free of charge and the related advertisements bring in foreign exchange, the con- signment containing advertisement blocks supplied free of charge, will be allowed to be cleared without import licences provided the value of the consignment does not exceed Rs. 800.

Import of goods by post for personal use by indivi-

duals or for use by any institution or hospital—Exten-

sion of the concession to air freight parcels

(a) Exposed films imported and allowed to be bounded for preview or censorship or re-export by the Customs authorities may be exempted from I.T.C. restrictions.

Imports of emerald and other precious stones .on

approval basis—examination of contents before

clearance

(b) (1) The emeralds and other precious stones imported by sea or air (otherwise than by post) and bonded on arrival for the purpose of inspection may be exempted from I.T.C. restrictions. Such quanti- ties of goods as are approved after inspection may be allowed to be cleared against valid licences.

(e) Under sub-paragraph (gg) of sub-clause (1) of Clause 11 of the Imports (Control) Order, 1955, import of goods by post for personal use of an indi- dual or for use by an institution or hospital, is allowed without I.T.C. restrictions subject to certain limita- tions/conditions. This provision has also been exten- ded to air freight parcels for the import of such goods by an individual for his personal use or by any institu- tion or hospital for its own use, subject to the same limitations/conditions. It may be clarified that the value limits given in the said sub-paragraph (g) of the Imports (Control) Order are in c.i.f. terms and will, therefore, be inclusive of freight in the case of air parcels also.

Imports of goods by post or air freight for professional

use by the individuals

(f) The provisions mentioned in sub-para (e)

above will also apply to the import of such goods by post or by air freight parcles for professional use by an individuals. It should be ensured that the goods so imported are for the use of the importers in his professional capacity only and not for commercial purposes.

Imports of certain goods by post or air freight for use

by insltiutions and not for resale

(2) This facility is not available in the case of imports of emeralds and precious stones by post parcel. Under the Universal Postal Convention, a parcel cannot be split up into two i.e., one part to be retained and the other part to be returned to the sender. The contents of the post parcels can, therefore, either be accepted or rejected in toto. How- ever, the importer or his agent will be given facilities to inspect the contents of such post parcels under Customs' supervision, if the addressee so desires. The inspection will bo allowed at the time and date spe- cified by the Customs authorities. If the importer does not turn up for inspection at the appointed time and date, the parcel will be returned to the sen- der. If the importer accepts the parcel, he can secure its clearance against a valid licence and the value of the parcel as a whole will be debited to the licence, and the debit once raised against the licence will not be revoked.

Transfer of ship stores in cases*- where the vesels

engaged on foreign trade are transferred to coastal

trade

(c) In cases where the vessels engaged on foreign trade are transferred to coastal trade, the consumable stores on board the ship are allowed to be transferred red with the vessel on payment of Customs duty. Such transfer of stores will be exempt from I.T.C. restrictions.

Import of advertisement blocks

(d) Certain foreign concerns buy advertisement (g) (1) The provisions mentioned in sub-para (e) above also apply to the import of such goods by post or by air freight parcels, for use by institution and not for resale. This will include import of goods meant for rituals sent to Missionary Societies, records com- ing to the All India Radio, scientific instrumentscom- ing to educatonal institutions and others, where the principle of personal use would appy except that the user is not an individual but an institution. It may be clarified that the provisions of sub-clause 11(1) (gg) of the Imports (Control) Order, 1555 do not cover imports of, trade consignment. Also, the term "insti- tution" referred to in the aforesaid sub-cause incudes'¹ only the educational, vocational, agricultural, medical, technical, technological and research institutions. Com-

merical and industrial concerns do not fall in the cate- gory of institutions.

(2) This concession does not apply to factories but where a factory has to import raw materials or spare parts by air urgently without waiting to obtain an import licence with a view to avoid any breakdswn and where the facts are clear, such cases will be dealt with leniently by Collectors of customs in their discre- tion.

Payments for goods imported under sub-clause 11

U) (88) of ^e Imports (Control) Order

(1) Food-stuffs and provisions (excluding fruit products alcohol and tobacco) imported by a person residing in India, but not being a citizen of India will be exempt from ITC restrictions provided (i) these are exempt from Customs duty leviable thereon in terms of the Government of India Notification No. 135-Customs dated the 20th June 1966 as in force and (ii) the c.i.f. value of foodstuffs and provisions, so imported, by a person does not exceed, in a year, Rs. 800/- in the case of a person having no depen- dent relative living with him, and Rs. 1,600/- in the case of a person having a dependent relative living with him.

Gifts to Indian Red Cross

(h) It has been provided in sub-clause 11 (1) (gg) of the Imports (Control) Order, 1955, as amended, that payments in respect of goods imported under the aforesaid sub-clause, other than those recei- ved as gifts, will be remittablc through authorised dealers in foreign exchange with the permission of the Reserve Bank of India. In connection with this pro- vision , the following points are clarified—

(m) Goods received by Indian Red Cross Society as free gifts from abroad, will be exempt from I.T.C. restrictions, provided such goods are exempt from Customs duty.

Imports for International Children's Competition

(a) The aforesaid sub-clause does not cover import of a gift parcel in respect of which the payment is made out of foreign cur- rency account maintained abroad by the recipient of the gift.

(b) Persons holding foreign currency accounts abroad, which can be operated upon with the permission of the Reserve Bank of India, can pay out of such funds in respect of goods imported under the aforesaid sub- claues, if otherwise admissible only with the permission of the Reserve Bank of India.

(n) The Children's Book Trust, New Delhi-1, has been conducting children's competition in paintings and writing (in English only), known as 'Shankar's International Children's Competition'. The competi- tion is held every year. The entries for the competi- tion, i.e., children's paintings, are received from iorci- gn participant children. These paintings have no commercial value. It has been decided that import of children's paintings addressed to the Children's Book Trust, Nehru House, 4, Bahadur Shah Zafar Marg, New Delhi-1, may be allowed clearance without Cus- toms clearance permits.

Imports of samples by exporters

Facilities for importation of commercial samples and

advertisement material

(o) Samples imported by exporters for export pro- motion purposes, will be exempt from I.T.C. restric- tion, if such samples are imported against the blanket release of foreign exchange provided by the Reserve Bank of India for travel abroad.

Import of relief supplies and packages as free gifts

under the Agreements concluded by the Government

of India with foreign Governments

(i) The Government of India have acceded to the International Convention to facilitate the importation of commercial samples and advertising materials, which have been incorporated as item 44 (5) (a) of the India Customs Tariff. Under this item, sampl"s of goods which are exempt from import duties ujider and in accordance with the said International Conven- tion wran up at Geneva on the 7th November, 1952 are allowed clearance free of duty and without Import Trade Control restrictions. Full details can, however, be ascertained from the Collector of Customs in India.

Gifts of food-stuffs, medicines and clothes

(p) Import of relief supplies and packages, recei- ved as free gifts, in respect of goods covered by an Agreement, entered into by the Government of India with a foreign Government, will be exempt from I.T.C. restrictions, provided such goods are also exempt from Customs duty, and their import is made by a Government agency or any other approved agen- cy, in accordance with the terms and conditions laid down in the Agreement.

Temporary import of Scientific equipment etc, by ap-

proved institutions

(j) Food parcels sent to India from abroad as gift may me allowed clearance without I.T.C. restrictions. (k) The articles such as food stuffs, medicines, colthing and blankets imported into India by any charitable organisation or any individual as free gifts from any philanthropic organisation or individual ab- road for free distribution to the poor and needy with- out any distinction of caste, creed or race, may be exempt from the I.T.C. restrictions, provided such imports are exempt from Customs duties leviable thereon, in term* of the Government of India Noti- fication No. 84-Customs, dated the 13th August 1960, as in force. The intending importer should approach the collector of customs of the port of import for the grant of duty concession before importing the goods.

(q) Import of scientific equipment and other goods mentioned below by non-profit making scientific or educational institutions as may be or haVe been appro- ved by the Ministry of Education, New Delhi, for the purpose of scientific research or educational -**Lnon- commercial nature subject to re-export condmon, may be allowed without import licence, provided the goods, in question are exempt from customs duty and the import is covered by the Customs Notification No. 84/F. No. 11/75/70-Cus V. dated 11-9-1971 ad

amended from time to time. The import of the follow- ing goods will be covered by this provision :—

(i) Scientific equipment viz. instruments appa- ratus, machines or accessories therefor,

(ii) Spare parts of scientific equipments referred

to in (i) above.

(iii) Tools specially designed for the mainten- ance checking guaging or repair or scientific equipment which is used solely for puposes of scientific research or education.

(r) Import or Medical Equipment without ITC Restrictions—In the case of Doctors (medical prac- titioners), returning from abroad loset-up practice in India may be allowed to import medical equipment, whether new or used, of the value not exceeding Rs. 50,000/- cif provided (i) person concerned has been living abroad continuously for a period of not less than two years, (ii) the imported equipment is required for his own professional use in Tndia, and (iil) the equipment in question has been purchased out of his foreign-exchange earnings abroad. The import in such cases may be allowed by the customs authorities without an import licence or a customs clearance permit.

(2) A question has been raised whether several consignments of bona fide technical and trade samples or advertising matter for value not exceeding Rs. 2,000/- in the case of technical and trade samples and Rs. 400 in the case of advertising matter in each consignment sent by the same supplier to the same consignee, and received by the same mail, should be treated as one consignment or different consignment for purposes of clearance under O.O.L| IV. It has been decided that the import of several consignments in the manner indicated abve, (although each consign- ment does not exceed the specified value limits), will tentamount to circumvention of ceiling placed for imports of bona fide trade and technical samples or advertising matter in one consignment and will not, therefore, qualify for the concession given in the O.G.L.

Imports under O.G.L. IV

281. (l)Under Open General Licence No. IV reproduced in Appendix 24 as amended, bona fide technical and trade samples or advertising matter ex- cepting vegetable seeds railing under Serial No, 36 of Part IV of the I.T.C. Schedule and new drugs, can be imported without an import licence provided fa) they are supplied free of charg, (b) their c.i.f. value in one consignment docs not exceed Rs. 2,000 in the case of technical and trade samples and Rs. 400 in the case of advertising matter and (c) the samples or ad- vertising materials thus imported shall not be sold by the importer. Under this concession, the Customs au- thorities may allow clearance, under Open General Licence No. IV of the permissible samples and adver- tising matter even if the importer concerned may have to pay for freight and insurance charges, provided the overall value of the samples or the advertising matter including freight and insurance charges, does not exceed the limits indicated above, in one consign- ment. In such an event the Collector of Customs will suitably endorse the relative Bill of Entry to enable the importer to secure remittance facilities from tho Reserve Bank of India in respect of the freight and insurance charges. It has been represented that, in certain cases import of bona fide technical and trade samples, has to be effected by air freight parcels to meet urgent requirements whereby the c.i.f. value of the consignment exceeds the prescribed limit of Rs. 2,000/-. It has been decided that in respect of such supplies of bona fide technical and trade samples made free of charge, if the foreign supplier also bears the expenses relating to insurance and air freight, the Customs authorities may allow clearance, provided the import is otherwise covered by O.G.L. IV. The imported bona fide technical and trade samples in such cases will not be held up on the ground that the total value thereof has exceeded the specified limit of Rs, 2,000/- on account of the extra freight paid on importing b y a i r.

(3) Though the above O.G.L. does not specify any particular types of importers who are eligible to import the samples, it is clarified that only such im- porters as are connected with the production of com- mercial sale or distribution of goods are excepted to be supplied with free samples/advertising materials by the foreign suppliers. It has, therefore, been decid- ed that importers who are not connected with the pro- duction or commercial sale or distribution will not be allowed the above concession. However, the Export Promotion Councils and Export Houses holding certi- ficates of eligibility issued by them by the Chief Controller of Imports and Exports, New Delhi may be allowed the concession regarding the import of technical and trade samples under O.G.L. TV by the Customs authorities.

(4) It may be clarified that the Customs authori- ties will not allow an item sought to be imported as a trade sample under O.G.L. IV, if the import of such item is not permissible to actual users or establi- shed importers under policy in force at the time of shipment of the item in question. The Customs authorities will also not allow an item sought to be imported as a technical sample If the importer is not engaged in the production of that item and is also not in a position to satisfy the Customs authorities that his scheme for the. production of the item, in question has been approved by the sponsoring authority concerned.

(5) O.G.L. IV also permits (a) the import of free

gifts of books up to the value of Rs. 400/- in favour of individuals or institutions and (b) free gifts of books of certain types upto a value of Rs. 400/- in favour of industrial concerns. The import policy does not permit the import of books of undesirable types. Therefore, the Customs authorities will not allow import of undesirable types of bool

(6) O.G.L. TV permits import of blue-prints and drawings (including micro films which are photogra- phic reduction thereof) relating to machinery and plant sites, works and buildings, technical and research data imported in the form of micro film and which are supplied free of charge and are of no commercial value, Tt has been represented that in certain cases,

where exporters undertake large scale contracts and projects abroad, they have to import 'drawings' against tenders, for which payment to foreign suppliers is also involved. It has been decided that the Customs authorities may, in their discretion, allow clearance in such cases even if payment to foreign suppliers is involved provided the c.i.f. value of the goods impor- ted does not exceed Rs. 2,000/- and the import is otherwise covered by O.G.L.IV.

the case of goods other than those exempt from Customs duty on re-importation under Customs Notification No. 132, dated the 9th December 1961, a bond is executed by the importer with the Import Trade Control authority at the port concerned to the effect that the goods thus imported will be re-exported after repair within six months. In such cases where the Customs authorities arc satisfied with the bona- fides of the case, they will refer the importer to the port licensing autthority concerned for executing the necessary bond and release the goods after the bond is executed with the Import Trade Control authority. The Import Trade Control, licensing authority will take a bond from the importer on stamp paper equal to the value of the goods and take further steps to ensure the compliance of the conditions of the bond. The bond should be guaranteed by a Bank surely.

Passenger's baggage

(7) Applications for import of trade and techni- cal samples/advertising material in excess of the value limits permitted under O.G.L. IV may be considered by regional licensing authorities concerned on merits in terms of the policy in force, provided the goods to be imported are supplied free of charge and are meant for bona Tide use as technical or trade sample or as advertising material. Such requests should be accompanied by 'No Charge' invoice to prove that no payment is required to be made to the foreign supplier.

282. Import of labels, price tickets and like articles for export products.—It has been represented that ex- porters arc fiinding it difficult to clear packages of tables, price tickets and like articles which are sup- plied to them by foreign buyers to be attached to the goods which are exported against specific orders placed by them. The Collectors of Customs may, therefore, in the discretion, allow clearance of labels, price tickets and like articles without I.T.C. restric- tions, provided they are satisfied on the basis of evi- dence produced to them that the articles, in question, are required for.bona fide use in connection with confirmed export orders.

285. (1) Under sub-paragraph ( l ) ( a) of Clause 11 of the Imports (Control) Order, 1955, goods imported by a person as passangers baggage are exempt from the necessity of an import licence subject to certain limitations/conditions, to the extent adimissible under the Baggage Rules issued by the Central Board of Excise and Customs from time to time. It should, however, be noted that only such articles as are considered bona fide baggage under the Baggage Rules in force will be allowed to be imported without a licence under this provision.

Imports by United Nations Organisation

(2) Relevant Customs Notification and Public Notices which give the details of the facilities for import of goods under Baggage Rules have been re- produced in Appendix 26 to this book. The rules applicable to tourists. Crew and Transfer of Resi- dence Rules will also be found in the said Appendix.

(3) Applications for import of built-up cars, station wagons, jeeps motor cycles, scooters, auto cycles, mini cars and moppeds are considered by the Chief Controller of Imports and Exports New Delhi (Headquarters Licensing Division). The procedure of submission of such applications is given in Appendix 27.

National Defence Donations

283. Under saving (m) of sub clause (a) of Clause 11 of the imports (Control) Order, 1955, the imports of goods by officials of the United Nations Organisation or its specialised agencies who are exempt from payment of Customs duty under the United Nations (Privileges and Immunities). Act, 1947 will also be exempt from the Import Trade Control restrictions. This concession has been extended to the import of publications of the United Nations Organisation and It specialised agencies who their agents and such imports by the agents con- cerned would also be exempt from the I.T.C. res- trictions provided the imports are exempt from the Customs duty under the United Nations (Privileges and Immunities) Act 1947 and the publications so imported are the property of U.N.O. or its specialised agency, as the case may be, at the time of importa- tion.

Re-import of goods for removal of defects and sub-

sequent re-export

286. By Customs Notifications Nos. 168-Customs, 169-Customs, and 170 Customs all dated the 8th November, 1962, all articles donated to the National Defence Fund or to the Government of India for use of the Defence personnel; and wool woollen fabrics and woollen apparel donated to the Indian Red Cross, have been exempt from the payment of Customs duty. It has been decided that articles which are exempt from the payment of Customs duty in Items of the aforesaid Notifications, will also be exempt from Import Trade Control restrictions.

Imports by Hospitals

284. The goods of Indian manufacture exported and received back by the manufacturer from consignee for repair and re-export are exempt from Import Trade Control restrictions, vide saving (1) in sub-clause (1) of Clause II of the Imports (Control) Order, 1955. It will be observed from the saving (1) that the re-import of goods will be per- mitted provided that (i) the Customs authorities are satisfied with the bona fide of the case and (il) In 287. Imports In respect of certain goods, upto specified value limits, are allowed by hospitals In terms of sub-clause 11(2) of the Imports (Control) Order, 1955, as amended. This facility will be available to hospitals, nursing homes and clinics whether public or private, run on commercial basis or otherwise.

CHAPTER XV

BREACHES OF IMPORT TRADE CONTROL REGULATIONS

288. (1) It is provided in Section 5 of the Imports and Exports (Control) Act, 1947, that, if any^person contravenes or attempts to contravene or abets a con- travention of any Order made or deemed to have been made under the said Act or any condition of a licence granted under any such Order, he shall, without pre- judice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962, to be punishable with imprisonment for a term which may extend to two years and also with fine, and, in the absence of special and adequate reasons to the contrary, to be recorded in the judgment of the court, such punishment shall not be for less than six months.

(2) In terms of the provisions contained in clauses 8 and 8-A of the Imports (Control) Order, 1955 dated 7-12-1955 the Central Government and the C.C.I. & E., (which includes a J.C.C.I. & E and a DCCI & E) are, empowered to debar a licensee or Im- porter or any other person from obtaining licences for a specified period and to suspend the issue of licences to a licensee or importer or any other person pending investigation into an allegation. These powers are also exercisable by Deputy Iron and Steel Controller in relation to the goods licensable by him viz. iron and steel and ferro-alloy items. Importers and other con- cerned should carefully read the Imports and Exports (Control) Act, 1947 and the Order issued there- under.

(i) Applying for an import licence on the basis of false or fabricated or tampered. witE or forged essentiality certificate or recommenda- tion of the State Director of Industries or the Directorate General of Technical Deve- lopment or any other certifying or sponsor- ing authority, or obtaining such certificate or recommendation by misrepresentation or fraud.

(ii) Applying for an Import licence on the basis of false or fabricated or tampered with or forged quota certificate or obtaining such quota certificate by misrepresentation or fraud or on the basis of documents which are false or fabricated or forged or tampered with.

(iii) Applying for an import licence by conceal- ing the change, if any, in the ownership, constitution or name of the business.

(iv) Applying for an import licence on the basis of Bill of Entry or any other document (s) which pertain to unauthorised imports and where the fact of unauthorization has been concealed or withheld.

Checking of utilisation of imported materials

289. An import licence is issued subject to the condition, inter-alia, that the licensee shall maintain an account of consumption and utilisation of the im- ported materials in the prescribed manner and pro- duce such accounts to the licensing authority/spon- soring authority or any other concerned authority within such time as may be specified by such autho- rity. In order to check proper utilisation of import- ed materials by actual users against REP licences and A.U. licences, a new system of checking is being in- troduced which will be in addition to the existing ar- rangements. Under this system, the licensing autho- rity may, in consultation with State Directors of In- dustries and other sponsoring authorities, carry out the necessary verification on random and selective basis into the extent to which and the manner in which the acutual user has utilised the imported ma- terial in accordance with the condition subject to which the import/allotment of su.ch material was allowed,

290. The following types of offences will, inter alia, constitute breaches of Import Trade control regula- tions ;-*

(v) Applying for an import licence on the basis of a certificate of an auditor or a chartered accountant or any other document which is false or fabricated or forged or tampered with or which has been obtained by misre- presentation and improper means, or which contains incorrect information.

(vi) Applying for an import licence on the basis of false or fabricated or tampered with or forged order purported to have been placed by a Government Department for the supply of goods sought to be imported.

(vii) Applying for an import licence on the basis of a wrong or invalid Income-tax Verifica- tion Registration/Exemption number or ob- taining such number on the basis of false or fabricated or tampered with or forged In- come-tax clearance Certificate or if such certificate has been obtained from the In- come-tax authorities by misrepresentation and improper means.

(viii) Applying for an import licence on the basis of past imports which do not quality for establishment/refixation of quota in terms of the policy in force.

(ix) Applying for more than one import licence for the import of the same goods during the same licencing period on the basis of past imports made during different financial years.

(x) Applying for licences separately in the name of different branches of the same concern for the same goods on the basis 6T imports falling in different basic years, unless other- wise provided,

(xi) Applying for more than one import licence for the import of the same goods during the same licensing period on the basis of diffe- rent documents pertaining to past imports made during the same financial year. (xii) Applying for an import licence in more than one capacity i.e. as an established importer and actual user where the applicant is not entitled to a licence in both the capacities in terms of the provisions of this book or the policy in force.

(^ciii) Applying for an import licence on the basis of any statement which is false, fradulent or misleading,

(xlv) Tampering with an import licence.

(xv) Soliciting of licences by offering inducement to the holder of licence or otherwise. (xvi) Smuggling of goods or importing goods with- out the cover of a valid licence or tampering with a licence or making interpolations in the licence or in the list of goods attached to the licence by removing the original en- tries or otherwise.

(xvii) Applying for duplicate copy of a licence or quota certificate by misrepresentation of facts,

(xviii) Obtaining clearance of goods from the Cus- toms by producing false or fabricated or tampered with or forged recommendation purported to have been issued by the I.T.C. authority or obtaining such recommenda- tion by misrepresentation.

(xix) Any corrupt or fradulent practice in commer- cial dealing or in obtaining any licence on the part of the applicant for licence or any of his agents or employees,

(xx) Contravention of the conditions embodied in a licence or accompanying a licence or an application for a licence.

(xxi) Selling of goods -imported against actual user licences in contravention of the condition of the licences.

(xxii) Misusing the goods received by way of allot- ments through the State Trading Corporation of Tndia, Minerals and Metals Trading Cor- poration of India or any other recognised agency.

(xxiii) Trafficking in licences i.e., illegal transfer or

acquisition of import licences.

(xxiv) Sale of good by a licensee, prior to their clearance through the Customs or purchase of any such goods.

(xxv) Misdeclaration of value, sort, quality or quantity in respect of any goods on their Im- portation.

(xxvi) Contravention of any law, rules or regula- tions relating to Customs or the import and export of goods or of any law relating to foreign exchange.

(xxvii) Refusal to produce any documents or infor- mation or books of account required by a licensing authority.

(xxviii) Withholding the delivery of goods to the licensee, imported by any person on a letter of authority issued by the licensing autho- rity.

(xxix) Failure to comply with the conditions sub-

ject to which a letter of authority is issued.

(xxx) Applying for an import licence in the name

of a fictitious concern.

(xxxi) Applying for an import licence under the import policy for registered exporters on the basis of the exports which are overinvoliced in relation to the value having the meaning as defined in sub-section (1) of Section 14 of the Customs Act 1962, or non-fulfilment of the conditions of undertaking/bond fur- nished by the applicant to Ore licensing authority or failure to fulfil export obligation against the imports made.

(xxxii) Applying for an import licence under the import policy for Registered Exporters on the basis of any false or fabricated bank certificate or shipping documents, or any other documents or by misrepresenation of facts in relation to value, quantity, quality, sort or specification, etc., of exported goods.

(xxxiii) Failure to comply with the distribution con- trol in respect of imported goods where such control is applicable in terms of the policy in force.

N.B.—A licence includes a Customs Clearance Per- mit or a release order for allotment of im- ported goods, for purposes of the provisions of this paragraph also.

291. (1) Where a licence has or had been issued at any time provisionally or through error or madever- tence or is in excess of the licence holder's entitlement or has been obtained by misrepresentation or contrary to rules and regulations in force, it will be open to the licensing authority to set off the value of such licence or adjust the same against the licence holder's Subse- quent entitlements under any category for that item or any other item or items without prejudice to any other action that may be taken in this behalf.

(2) Attention of the trade is also invited to the pro- visions contained in paragraph 92 of this book relating to misuse of the goods imported against a licence by an actual user or the goods received by any person through the allotment made by the State Trading Cor- poration of Tndia or any other recognised agency.

292. Cancellation of Release Order.—(1) The licensing authority may cancel a release order issued for allotment of imported goods through a public sec- tor agency, or otherwise render it ineffective :—

fa) if the release order has been granted through inadvertence or mistake or has been obtained by fraud or misrepresentation;

lb) L( the release order haa been granted con- trary to the rules or the import policy in force;

(c) if the holder of the release order has com- mitted a breach of any condition of the re- lease order;

(d) if the licensing authority is satisfied that the release order will not servo tho purpose for which it has been granted; and

(e) if the release order holder has committed a breach of any law or rules and regulations relating to the import or export of goods.

(2) The licensing authority may also suspend the operation of a release order pending investi- gation into one or more of the allegations mentioned in sub-para (1).

(3) Before taking action under sub-paras (1) and (2) above, the release order holder will be given a reasonable opportunity of being heard in the matter.

uuder clause 8 or K-A of the Imports (Control) Ordei, 1955,—

(i) Where action is taken by Joint Chief Con- troller of Imports and Exports, or by Deputy Chief Controller of Imports & Exports, tho appeal will lie with the Chief Controller of Imports and Exports, New Delhi.

(d) Where the action is taken by an authority other than any authority referred to in item (i) above the appeal will lie with a Com- mittee consisting of the Secretary (Internal Trade) and two Joint Secretaries to the Government of India and the Director (Vigi- lance) in the Ministry of Commerce, New Delhi.

The notification issue dby the Central Government

in this regard is reproduced in Appendix 2.

Appeals

293. (1) Clause 16(2) of the Imports (Control) Order, 1955, provides that where any person is ag- grieved by any action taken under clause 8 or 8-A he may prefer an appeal against such action to such authority as the Central Government may by notifi- cation in the Official Gazette constitute for the purpose of hearing appeals, within 30 days from the date of communication of the action taken.

(2) In exercise of the powers referred to in sub- paragraph (1) of this paragraph, the Central Govern- ment have constituted the following authorities for the purpose of hearing appeals against the action taken (3) The appeals made under this provisions should be accompanied by an attested copy of the order, ap- pealed against and any other documents or information that may be relied upon by the appellant. The appeal should alsu be accompam'ed by a proforma giving tho following information :—

(a) Authority against whose decision appeal is

preferred,

(b) Date of the order appealed against; (c) Whether the appeal is against debarment or suspension from receiving licences (in tho case of debarment, the periods for which the appellant has been debarred from obtaining licences may also be indicated;

(d) The grounds of appeal, (in brief).

(4) A copy of the appeal should invariably be sent by the appellant to the authority against whose decision the appeal is made.

CHAPTBE XVl

UNAUTHORISED IMPORTS

294. Valid imports.—Import is validly covered by a licence when the description, value and the quantity of imported goods are in accordance with the licence and the shipment/despatch of the goods from the supplying country takes place within the period of validity of the licence.

295. Import licences are without prejudice to the other prohibitions.—An import licence is issued with- out prejudice to the operation of other prohibitions or laws to which the imported goods may be subject. For instance, if, under the health laws, imported plants have to be fumigated or animals inoculated, the relevant regulations have to be strictly observed. Similarly, the regulations under the Drugs Control Act the Arms Act, the Explosives Act, the Excise Act and such other Acts, as may apply to the goods sought to be imported, will have to be strictly followed.

296. Imports not covered by licences.—If any -article, requiring a licence, is imported or sought to

be cleared without a valid licence, its entry into the , country will be treated as unauthorised and the importer/owner of the goods will be liable to punish- ment under the provisions of the Customs Act, 1962 without prejudice to any other action that may be taken in this behalf under the Tmports and Exports (Control) Act, 1947 and the Order issued there- under. In such cases, the Tmport Trade Control autho- rities will not regularise the import by an ex-post- facto licence nor will they amend the existing licence in any manner to cover snch imports.

297. Custom's jurisdiction.—The clearance of goods and the assessment of duty will be dealt with by the Customs authorities. It is within the jurisdic- tion of the Customs authorities to determine whether or not the goods imported are in conformity with the description given in the licence. Although in case of doubt in regard to the correct description of goods given in the licence or any other matter concerning the import, the Customs authorities may consult the Import Trade Control authorities, the final responsi- bility in the matter rests with the Customs authorities

298. Difference in I.T.C. classifications.—Ordi- narily, if the article imported is in accordance with the description given in the licence and the import is otherwise covered by the licence, the clearance will be allowed by the Customs even though there may be a difference of opinion in regard to the correct I.T.C. classification of the goods in question. However, in such an event the Customs authorities will be entitled to assess the Customs duty in accordance with their rules and regulations. On any point of clarification for purposes for assessment of import duty, the Collector of Customs/the Central Board of Excise # Customs in appeal are the final authorities. No appeals in this regard will be entertained by the I.T.C authorities.

299. Joint Committee.—In order to help the importers in cases of genuine difficulties, a joint com- mittee of the Import Trade Control and the Customs authorities has been set up at each port. The Com- mittee meets regularly and deals with both pre and post-importation enquiries and difficulties of importers.

300. Requests for amendments to be made before shipment.—If the importer finds discrepancy in a licence, he should immediately apply to the licensing authority concerned for an amendment in the licence. The request for such an amendment should be in any case be made before the goods have been shipped/ despatched from the supplying country, so that it, for any reason the change or amendment is not per- mitted, the importer may be able to advise his sup- pliers to make the necessary adjustment. In seeking any amendment or revalidation of a licence, it should clearly be pointed out by the applicant whether or not shipment/despatch of goods covered thereby has already been made either wholly or partly. Any mis- leading or wrong statement in this behalf will render the licensee/importer liable to action under the Import Trade Control rules and regulations.

301. The requests, if any, for amendment of a licence made after the shipment/despatch of the goods from the supplying country will be summarily rejected by the I.T.C. authorities. The matter in such an event will rest with the Customs authorities. The importers should, therefore, approach the Customs authorities who will deal with the cases with reference to the relevant rules.

302. Penalty for unauthorised imports.—The fine/ penalty imposed in respect of unauthorised Imports is likely to be heavy and may lead to even confiscation of the goods or prosecution of the importer/owner of the poods. In special circumstances, the importer/ owner of the goods may be allowed to re-ship goods; but, in such a case also, the importer/owner of the ?oods will be liable to pay fine/penalty. Therefore, the importers should, in their own interest ensure that what is being imported by them into the country Is in strict cdnformity with the Hcence-description In every respect and that the consignment is neither in excess of the Hcenesd value or quantity limitations HOT different in any way from what is authorised to be imported

303. Clearance of goods when the importer is un- ablr to produce the licence.—In cases where an importer claims to have a valid Import licence to cover the goods Imported by him but Is unable to piwlupr rhe Hcenw to the Collector of Cmtonu af a

the importer executing a bond or a letter of guarantee in form given in Appendix 28 to this book. It is at the discretion of the Collector of Customs either to accept the bond or the letter of guarantee from the importer for the production of the import licence (or the goods at a later date.

particular port owing lu simultaneous arrival ol the goods covered by the licence at different ports, or for any other reasons, the Collector of Customs may, it he is satisfied with the plea put forward by the importer, permit clearance of the goods in so far as Imports Trade Control Regulations are concerned on

CHAPTER XVn

MISCELLANEOUS

304. Port of entry.—(1) Except where otherwise provided an import licence will be valid for importa- tion of goods only at the port of registration indicated in the import licence.

(2) The importers should, therefore in their own interest, obtain separate licences for the goods to be imported through different ports. For this purpose, the value of the goods, intended to be imported at each port should be given separately in the applica- tion for the licence.

(3) The licensing authorities may consider requests for issue of "split up" licences for clearance of goods at customs ports other than the port of registration indicated on the main licence. The licensee should produce adequate justification in support of such request. While issuing "split up" licences, the value of the main licence will be corres- pondingly reduced. The request for "split up" licences will be entertained only prior to the registration of the main licence at the specified customs port of registration. Split up licence will have the same period of validity as the main licence. For clearance of goods through different sections of the same Customs House, the provisions of paragraph! 305(1) will apply,

(4) The application for 'split up" licences should be accompanied by treasury receipt showing the pay- ment of the prescribed application fee of Rs. 5 for each "split up" licence.

grant of a subsidiary licence after the expiry of the main licence to enable the licensee to clear goods shipped within the validity period of the main licence.

(ii) The facility of the grant of subsidary licences will be given irrespective of the value of the original licence.

(iii) The subsidiary licences, where granted, will be subject to face value restrictions of any other conditions applicable to the main licence. Tt is open to the importers to apply for and obtain separate subsidiary licences specifically valid for the items with face value restrictions up to the permissible limits. These licences showing the value of restricted items permissible against the main or original licence will also be valid tor import of non-restricted items.

(iv) The applications for subsidiary licences should also be accompanied by treasury receipt showing the payment of the pres- cribed application fee of Rs. 5 for each subsidiary licence.

Subsidiary licences

305. (1) In order to facilitate the clearance of goods through different sections of the same Customs House, the licensing authorities at the ports will con- sider requests for the issue of subsidiary licences against an existing licence. The request for the issue of subsidiary licence can be made to any port licens- ing authca-ity- Such requests will also be entertained by the regional licensing authorities in respect of licences issued from the Headquarters Office of the Chief Controller of Imports and Exports, New Delhi.

(2) Subsidiary licences for clearance of goods at airports,—Requests for issue of subsidiary licences will also be considered for the clearance of goods through the Customs authorities at the airports.

(v) Subsidiary licence will have the same period of validity as the main licence. The re- validation, if any, granted in respect of the main or original licence will also apply to the subsidiary licence. For facility of clea- rance, the licensing authorities will indi- cate the period of validity on the subsidiary , licence.

fvi) The number and date the main licence will be endorsed on the subsidiary licence for facility of reference and check.

While issuing a subsidiary licence, the licensing authority will make a suitable endorsement on the main licence (both customs and exchange control copies') making it invalid for clearance of goods and for remittance to the extent elf the value/items of the subsidiary licence.

Payment to suppliers

(3) Applications for., subsiardiary licences.—The following points should be borne in mind by the applicants while applying 'for subsidiary licences —

(i) Applications for subsidiary licences should be made sufficiently in advance of the des- patch/shipment of goods from the supply- ing country. A licensing authority may, however, consider an application for the 306. (1) When goods are to be imported under an Open General Licence or Special General Licence, authorised dealers in foreign exchange have been per- mitted to open letters of credit or make remittances to cover the imports on their being satisfied that the goods ordered are covered by the Open General licence or the Special General Licence.

(2) With regard to goods not covered by an Open General Licence or Special General Licence, no letters oi crcdiL can be opened or remittances of foreign exchange made unless the importer is in pos- session of a valid import licence with exchange con- trol copy. When applying to an authorised dealer in foreign exchange for remittance of foreign exchange, the licence holder should produce before him the copy of the licence marked 'for exchange control purposes'.

(3) It should be noted thai in opening any letter of credit, the date of expiry of the O.G.L. or S.G.L. or the valid licence should be kept in view for deter- mining the period for which the letter of credit should be kept open for negotiation.

(a) Capital goods;

(b) H.E.P. licences;

(c) H.E.P. licences issued against Government

contracts;

(d) Licences granted to Actual Users in excep-

tional cases.

In each case, the reasons for the increase have to be satinsfactorily explained and documentary evidence in support of them has to be produced. The en- hancement will be solely at the discretion of the licence issung authorty.

Currency in which payment may be made

307. No remittances in advances o\ the receipt o) the shipping documents.—It may be noted that whereas letter of credit can be opened" on the basis of the exchange control copy of the licence in advance of the shipment/despatch of goods, remittances can be made only on receipt of shipping documents. In the case of licences for Capital Goods and Heavy Electrical Want, however, a part payment may be authorised by the Reserve Bank of India as an earnest money payable to the foreign suppliers.

310. Normally foreign remittances are allowed by the Exchange Control authorities only in the cur- rency of the country of origin of the goods in ques- tion as stated in the import licence, or by payment in sterling or rupees to the account of a resident in that country. In the case of f.o.b. contracts how- ever, payment of freight and insurance may be made in rupees, or in the currency of the country in which the shipping company is registered or the insurance policy is issued. If importers require any further in- formation in this behalf, they may consult the autho- rised dealers in foreign exchange or the Reserve Bank of India.

Provisional debiting o] import licences by

Customs Houses

311. Import licences are sometimes debited with 'Loaded Values' of the imported goods by Customs Houses on a provisional basis. On subsequent veri- fication or on appeal, the quantum of loading is sometimes reduced after several licensing periods. Re- validation of a licence on account of reduction in the "loaded value" will not be granted.

Banks as joint holders oi licences

308. (1) The value shown in an import licence is always the c.i.f. price of the goods to be imported, and it includes commission allowed by the supplier/ manufacturer to the importer or agent. The value debitable to an import licence for Customs purposes will be the c.i.f. value of goods imported as assessed by the Customs authorities. The remittance against goods covered by the import licence would, however, be governed by the Exchange Control Regulations and it will exclude commission, discount or ukc rebates allowed by the foreign supplier/manufacturer to the importer/agent. Therefore, the licensing autho- rity will specifically endorse a condition on the licence to the effect that payment authorised to be made against it shall not cover commission, discount or like rebates allowed by foreign supplier/manufacturer to the importers/agents in India.

Note : The c.i.f. value of the goods also includes stevedoring charges, as it forms a part of the freight and such charges are debitable to the licence.

(2) The c.i.f. value cannot also be used to the lull extent it the stores are shipped f.o.b. In such an even, a margin has to be left to cover the cost of insurance and freight to be paid for in rupees. When either the freight or insurance is paid in rupees in India, the amounts will be deducted from the value of the licence by the authorised dealer in foreign exchange.

312. (1) It has been observed that when an imr porter opens an irrevocable letter of credit through a bank and later fails to honour his bills, the bank concerned, which is committed for the payment of the exchange to the foreign suppliers, finds itself in difficulty to import as it is not the licence holder. As a safeguard against this contingency, the exchange bank or authorised dealer through whom the letter of credit is opened is considered as a joint holder of the licence to the extent of the goods covered by the credit which would thus enable the bank to honour its commitments with foreign supplier. The pro- cedure in this respect is contained in Public Notice No. 6O-ITC(PN)/5O, dated the 21st July, 1950, re- produced in Appendix 29.

Requests jor enhancement in value

309. Importers are required to take steps to ensure that the c.i.f. value shown in the licence is not ex- ceeded in any case unless otherwise notified. The only types of cases where requests for enhancement in the value of the licence are entertained are : —

(2) In the types of cases referred to in sub- para (1) of this paragraph and also in cases where the goods are pledged with a Bank or a State Finance Corporation and the borrower does not meet his obligation, the imported goods lying with the Bank or the State Finance Corporation, as the case may be,

will bo dealt with in accordance with the provisions of Clause 1U-C of the Imports (Control) Order, 1955, as amended. In such cases, sale of goods to actual users or S.T.C./M.JyJ.T.C., State Small Indus- tries Corporation, or any other similar agency, may also be eilected in terms of the procedure laid down in para 94 of this book.

quota licences for components in such cases and the product as are not included in their ruanutacturinft programme and only their past imports of such other type(s) of the product as are not included in their manufacturing programme will be taken into account to determine their quota entitlement. But the quota will be subject to revision consequent on the expansion of the manufacturing activities.

Established importers-cum-manufacturen

(iii) Cases where the manufacturer of a finished

product has in his own name or in the name of his

associate concern(s) a quota for the components of

the finished products.—

313. (1) An established importer-cum-manufac- turer is eligible to claim a licence-only in one capa- city, i.e., either as an established importer or as an actual user, as indicated below :—

(a) If an established importer of a commodity is also the manufacturer of a product in the process of the manufacture of which that commodity is required, the established importer-cum-manufacturer would be en- titled to claim a licence only in on© capa- city—as an established importer or as an actual user—and not in both the capacities.

(b) If an established importer of a finished product and/or its components is himself or through his associate concern engaged in the manufacture of that product and/or its components as an actual user, the actual user and his associate concern(s) will surrender their quotas for the finished pro- duct and/or its components as established importers, provided that in exceptional cases where the commencement of production is likely to be delayed, they will be allowed to claim quota licences till the production has actually commenced.

(2) Clarification of the above provisions.—The following clarification is made to define the scope of the application of the above provisions with respect to certain types of cases :—

(i) Cases in which the established importer-cum- rnanufacturer has a quota for a commodity which is also required as a raw material for use in the manu- facture of a finished product.—(a) If the raw material falls under a S. No. or sub. S. No. as the case may be which covers only one item, the estab- lished importer-cum-manufacturer shall surrender his claim for a licence for the raw material in one capa- city, i.e., either as an established importer or as an actual user.

(b) If the raw material falls under a S. No./Sub. S. No. which covers more than one item, the established importer-cum-manufacturer will be allowed to claim in addition to an actual user licence, a quota licence to import only such other items falling under the parti- cular S. No./Sub. S. No. as are not covered by his actual user licence. In such cases only the past imports of admissible items will be taken into account for the grant of the quota licence.

In such cases, the manufacturer and his associate concern(s) will be entitled to claim a quota licence tor such components as are (a) not covered by his actual user licence and (b) not covered by his manu- facturing activities. Only the past imports of admis- sible components will be reckoned for the grant of quoia licence tor inipoii oi t>uen other typc(,sj ol tne quota would be subject to revision consequent on the expansion of the manufacturing activities.

(iv) These principles would be followed with regard to grant of quota licences when goods imported against the quota licence are required for stock and sale. How- ever, in cases where the goods sought to be imported against quota licence(s) are required for servicing/ repairs, the quota licence(s) would be validated on ad-hoc basis on the discretion of the licensing authority to meet the servicing/repair requirements.

(v) There may be certain types of cases where the importer-cum-manufacturer holds a quota certificate for machinery/equipment/accessories and he may require the same goods for installation of a factory or for replacement purposes thereafter. In such cases, the established importer-cum-manufacturer would have the option to claim either the quota licences or an actual user licence (including C.G./H.E.P.).

(3) Definition of associate concerns.—For the pur-

pose of the above provisions, or for other purposes under the import policy and procedures, the following will be the criteria for determining whether the two concerns are associates :—

(i) The two concerns are assessed to income tax jointly i.e. have a common 1VC Number, or they have common ownership.

iii) The two concerns have separate IVC Num- bers, and have no common ownership, but (a) a partner in one of the concerns having major share therein, is the proprietor of the other, or (b) the proprietor of one of the concerns is a partner in the other concern having major share therein, or (c) or partner or set of partners in one of the concern have major share in the other.

(iii) One of the concerns is a limited company and any director of the limited company has interest in the other concern as proprietor.

Re-import of goods after repairs abroad

(ii) Cases where the manufacturer of a finished product has in his own name or in the name of his associate occnern(s) a quota for that product.—In such cases, if the manufacturer is engaged in the manu- facture of only particular type(s) of the product, he or his associate concern(s) will be entitled to claim a 314. (1) The goods which are covered by Saving (k) of Clause 11 of the Imports (Control) Order, 1955 ^ated 7th DecemhftT. 1955. as amended can be import-

Import of samples and literatures relating to products

to be manufactured for export

eU into India Uoui cuuinr} witnoui Uupuii Inulc Control restrictions,

(.2) In the case of goods which are not covered by the Saving clause mentioned above, and which are exported tor repairs and subsequent return, the im- porter should secure an import licence in advance, and the goods for repairs should be exported only alter obtaining the licence for then: reimport. The application for import licence should be made to the licensing authority concerned. Failure to comply with this requirement will render the application for licence/ Customs Clearance Permit for re-import of the goods repaired liable to be rejected. In cases where the re- import of articles after repairs involves foreign ex- change, the amount to be remitted towards the cost of repairs, freight and insurance should be indicated in the application for licence and the application should be supported by a certificate from the D.G.T.D. to the effect that the goods in question cannot be repaired in India.

316. (a) Applications for the import of samples and literatures relating to products to be manufactured in India for export, will be considered on merit on ad hoc basis by the licensing authorities concerned. The applicants should give full justification for their require- ments in such cases. The applications should be made in the form prescribed for actual users and should be accompanied by a treasury receipt lor the requisite amount towards application fee.

(b) Import of samples may be allowed by the customs authorities without import licence in cases where (i) the value does not exceed Rs. 500/-, (ii) the import is made by post-parcel or by air-freight parcel and (iii) the importer is a registered manufac- turer exporter and produces evidence to this effect to ihe customs authorities at the time of clearance and to the Reserve Bank of India at the time of making remittance. In such cases, remittances to the foreign supplier will be allowed by Reserve Bank of India.

Re-import of samples oj Indian origin sent abroad for

the purpose of securing orders

Import oj empty gas cylinders for re-export after

being filled with gas

315. (1) For re-importation into India of samples sent or taken to foreign countries by Indian business- men, a provision already exists in Saving (k) of Clause 11 of the Imports (Control), Order, 1955 dated 7th December, 1955, as amended whereby such samples as are exempt from payment of Customs duties on re- importation, would be allowed clearance without an import licence. But in order to qualify for this con- cession, there are certain Customs formalities to be observed and the Indian traders who do not comply with such formalities have to face difficulties in the clearance of such samples on re-importation. There- fore, the trade, in its own interest, should contact the Customs authorities before exporting the samples to foreign countries and ensure that the conditions quali- fying for the duty free reimportation of the samples are fulfilled.

(2) However, in cases where samples on reimporta- tion do not qualify for the above concession, it is open to the Indian businessman to secure import licences in advance to cover the reimport. Applications for im- port licences lor the reimportation of such samples should be submitted to the regional licensing authorities and should be accompanied by an evidence to show that the samples which were taken or sent to foreign countries, arc being re-imported.

(3) In the case of businessmen/industrialists return- ing from abroad, who are bringing into India such samples, the requirement regarding submission of l.V.C. Registration/Exemption Number will be dis- pensed with for the purpose of the application for im- port licence as in the case of such applicants, it may be difficult to comply with this requirement. In cases other than those of businessmen/industrialists return- ing from abroad also, the requirement regarding pro- duction of l.V.C, Registration/Exemption Number will be dispensed with if the re-importation takes place within three years of export. The payment of appli- cation fee will be waived in all such cases.

317. Applications for the grant of Customs Clear- ance Permits will be considered by the licensing autho- rity concerned for the import of empty gas cylinders tailing under Serial No. 65(5) ( n i ) /V of the I.T.C. Schedule which are to be re-exported after being filled with gas. The procedure to be followed in such cases will be as under :•—

(a) The importers should apply for a Customs Clearance Permit to import empty gas cylin- ders in respect of their six months' require- ments, i.e., number of cylinders which they will be able to re-export after being filled with gas within a period of six months.

(b) The applicants should also produce evidence to show that their requirements are genuine and that they have been in the particular trade.

(c) The Customs Clearance Permits where grant- ed, will be subject to the condition that the licensee shall re-export the cylinders after filling them with gas within a period of six months from the date of importation. The importer will also be required to execute a bond with a surety from an insurance com- pany or a chamber of commerce at the time of importation of the cylinders for compliance with this condition. However, in the case of importers of goods standing who have been in the line and whose past performance has been satisfactory, the licensing authority concerned may, in its discretion, dispense with the surety.

(d) At the time of clearance of the imported cylinders, the importer will be required to produce to the Customs authorities a certi- ficate of suitability of the cylinders from the Director of Explosives, Nagpur. While approaching the Director of Explosives for the required certificate, the importer should

furnish particulars of the cylinders, in ques- tion indicating (i) the name and address of the manufacturer of the cylinders, (ii) spe- cifications to which the cylinders conform, (iii) specifications to which the valves fitted to the cylinders conform and (iv) serial num- ber of the cylinders.

licences will be shown in Metric units, wherever necessary.

(hi) While applying for licences, importers will be required to mention quantity in Metric units.

Import of Transformer Oil together with power

transformers

Import of machinery and equipment designed on the

metric system

318.(1) Legislation has been enacted to decima- lize currency, weights and measures. The Coinage (Amendment) Act, 1955 was brought into force on 1st April, 1957, and decimal coinage is now in circu- lation in the country. The Standards of Weights and Measures Act, 1956 has been brougnt into force with effect from the 1st October, 1958 in certain specified areas in States und Union Territories and in respect of certain specified classes of undertakings and of goods. The Act provided for a transitional period of 10 years from ils date of enactment.

3iy. (1) Oil supplied for the first filling along with the transformer may be treated as part of the trans- former and its clearance may be allowed against licences issued for transformers. It may, however, be noted that the quantity of transformer oil so allowed shall not in any case exceed the capacity of the tank of the transformer. It is also necessary to ensure that the c.ii. value of the oil plus the c.i.f. yaluo of the trans- former should be covered by the c.i.f. value specified in tho licence for transformer.

(2) Where the oil and the relative transformer are shipped from different countries, a separate import licence would be necessary for the oil. This would not, however, apply if the licence for transformer has been specfically made valid to cover transformer oil required with it, subject to the prescribed conditions, if any, being fulfilled.

Duplicate copies of import licences/release orders

(2) Importers of machinery arc requested to take note of these developments and to endeavour to import machinery which should be able to work to metric measurements. It is realised that for a certain number of years both the metric and the foot-pound systems have to continue side by side. To the extent, therefore, that machinery and equipment on foot-pound system is required for replacements either in regard to spare parts or even complete machine, their imports will be allowed after scrutiny of their need.

(3) Metric system has become the only legal system of weights and measures in the country. Importers of machinery are requested to take note of this deve- lopment and to import machinery which would be able to work on metric measurements. Weighing or mea- suring instruments imported for use in trade or com- merce i must conform to the specifications prescribed in the Weights & Measures (Enforcement) Rules of the states.

(4) Consequent on the decision of the Government of India to introduce from August 1960 the Metric system of weight and Measures in the levy and collec- tion of Customs Duties, it was decided to adopt the Metric system of weight and measures from 1st Octo- ber, 1960, for the purpose of Import and Export Trade Control also, to the extent indicated below :—

(i) All shipping documents relating to imports, exports and re-export will be in Metric unit. However, to suit the requirements of custo- mers in foreign countries which are not on metric system, the exporters may use British units as well as in their invoice, etc., at the request of their customers. Shippers in foreign countries such as United Kingdom, United States of America or other countries, which are not on metric system, will have the option to use British units in their ship- ping documents, invoices, etc.

(Ii) Where licensing is on the basis of quantity, new quota certificates/licences will be issued in Metric units; even otherwise quantities in 320. (1) Where a licence is lost or misplaced, the application for the issue of a duplicate copy of the licence will be considered and a duplicate copy will be issued if the licensing authority concerned is satisfied in regard to the bona fide of the case.

(2) The application for the issue of duplicate copy of the licence should be submitted to the licensing authority who issued the original licence. Such appli- cations should be accomplied by a treasury challan of Rs. 5/- towards application fee and an affidavit on a stamped paper in the form prescribed in Appendix 8 to this book, duly sworn in Wore a Magistrate or an Oath Commissioner or a Notary Public.

(3) The duplicate copy of the licence will be mark- ed 'DUPLICATE' and endorsed by the issuing autho- rity in block letters as follows :—

"The licence has been issued in lieu of licence no dated , since cancelled

(to be given)

under Order no dated to the extent of full value or partly utilised value of Rs "

(4) When a duplicate copy of a licence is issued, the licensing authority concerned will intimate the fact to the Customs authority at the port of registration of the original licence. Where a duplicate copy of the licence is issued with Exchange Control copy, the Reserve Bank of India of the circle concerned will also be informed accordingly by the licensing authority con- cerned. The order of cancellation of the original licence will be published in the Gazette of India.

(5) Where a release order issued to an applianl on a canalising agency, in respect of goods the import of which is canalised, is lost or misplaced, the licen-

Addressing of communications to Import Trade Con-

trol Organisation

iing authority may entertain a request tor the issue ol a duplicate copy of the release order on production of an affidavit on a stamped paper to the effect that the original release order, of which the particulars may be given in their allidavit, has been lost or misplaced without having been produced for such supplies of the goods or utilised for any other purpose, and that in the event of the original release order being traced or found later, it will be returned to the licensing authority without being used for any purpose. The licensing authority issuing a duplicate copy of the release order will simultaneously send an intimation thereof to the canalising agency concerned.

Licence, issued in duplicate

324. It is noticed the telegrams and letters received by the licensing authorities from the trade by way of reminders do not often Contain sufficient details to enable the licensing authorities to locate the previous papers. With a view to avoid delay in the disposal of such communications, the trade should give brief details of the reference received by them from the licensing authority concerned, the particulars of the goods sought to be imported and the I.T.C. classifi- cation of such goods. The communication should also indicate ils subject matter, the category of the impor- ter, the type of the licence to which it pertains, whet- her it relates to the grant of the licence or amendment or rcvalidation thereof or an appeal, and it should also give the number and date of the relevant original ap- plication.

Enquiries regarding the position of applications

321. Import licences are generally issued in dupli- cate. One of the copies known as the Customs Pur- poses copy is to be presented by the importer along with the bills of entry, to the Customs authorities for obtaining clearanco of the goods imported. The other i.e., the Exchange Control copy, is to be presented by the importer to the Bank for the purpose of opening of a letter of credit or making remittance of foreign exchange. Where no remittance of foreign exchange is involved, the Exchange Control copy of the licence is not issued.

325. (a) The arrangement under which the impor- ters could enquire the position of the import applica- tion by fining the import enquiry slip has been dis- continued.

form of Affidavit

322. Applicants for import licence are sometimes required to furnish certificate or declarations along with their applictions tor import licence. Unless other- wise provided, such certificates or declarations need not be given on a stamped paper and also need not be sworn in before a Magistrate or an Oath Commis- sioner, etc. Such declarations or certificates can ordi- narily be signed by the proprietor, partner, or manag- ing director of the applicant concern or by a person duly authorised to sign such documents on behalf of the applicant.

(b) The licensing authorities will make every effort to dispose of the applications as quickly as possible. If an application for an import licence is not disposed of within one month from the date of its receipt in the licensing section the licensing authority will issue an interim reply to the applicant. If an applicant does not receive any interim reply even after this tune limit, he can bring the matter to the notice of the Public Relations Officer in the Import Trade Control office concerned or book an interview with the officer concerned through the Enquiry Officer in order to know the reasons for the delay in the disposal of his application.

Checks on delays

323. (1) Every effort is made to avoid delays in the disposal of applications for licences or correspon- dence. Reminders in regard to the delayed cases are attended to promptly by the licensing authorities where an applicant does not receive a reply to his reminder within 45 days he will be allowed to see the Head of the office to explain his case.

(2) Complaints regarding delay addressed to the Chief Controller of Imports and Exports, New Delhi, should be specifically marked "Complaint against de- lay" at the top of the communication containing the complaint. In order to facilitate timely action on such complaints, the applicants are advised to send their complaints in duplicate.

(c) Where a licensing authority calls for certain documents for information from the applicant or any deficiencies in the appliction are communicated to the applicant, and the applicant has furnished the required documents or information or made goods the deficien- cies but does not receive any further communication from the licensing authority within fifteen days there- after, he can bring the matter to the notice of the public Relations Officer or book an interview with the Officer concerned to know the reasons for the delay in the disposal of the application.

(d) Applications for import of capital goods and heavy electrical plant will take somewhat lnoger time. But in such cases also, if the applicant finds that there has been a delay in the disposal of his applications, he can bring the matter to the notice of the Public Relations Officer or book an interview with the con- cerned officer to know the reasons for delay.

Interviews

(3) The applicant should also bring cases of delay to the personal notice of the Public Relations Officer in the Import Trade Control office concerned. The Public Relations Officer of the rank of the Deputy Chief Controller of Imports and Exports has been appointed at the Headquarters of the Office of the Chief Controlelr of Imports and Exports, New Delhi, In the regional offices also. Public Relations Officers have been appointed.

326. (IJ Ordinarily all matters should be settled by correspondence. However, in case where the im- porters consider it necessary to discuss in person, mat- ters relating to general policy and principles of Import Trade Control or tEey wish to make a personal sub- mission in the case of appeals and representations against orders passed in individual cases or they de-

sue to present their case in person in respect of any application fox licence or to represent again the ueiu,* in the disposal of their applications for licences 01 appeal, they may book an interview with the officer concerned.

licences issued to established importers or others for import of goods lor stock and sale purposes will not be entertained.

Conditions on licences

(2) The interviews with the officers other than the Chief Controller ef Imports and Exports and the heads of the regional licensing offices should be booked in advance at the Enquiry Office which is attached to each licensing office. Appointment to see the Chief Controller of Imports and Exports/heads of the re- gional licensing offices should, however, be arranged through their private secretaries. The importers should give the purpose of interview and the particulars of their case in the prescribed proforma vide Appendix 30 to this book. The prescribed proforma for inter- views will not have to be filled in for seeking inter- views with the Public Reltions officers.

329. (1) Import licences issued to various catego- ries of importers shall be subject to the conditions indicated in Appendix 31. Ihc licensee importers, should carefully read these conditions to ensure com- pliance therewith.

(2) These conditions will be in addition to the conditions applicable to a licence under the Imports (Control) Order, 1955, dated the 7th December, 1955, us amended, and such other conditions as may be imposed by a licensing authority.

(3) Non-fultilment of the conditions of a licence will render the licence liable to cancellation, without prejudice to any other action that may be taken in this behalf against the licensee or importer or any other person.

Refusal of Licence/release order

(3) Except where otherwise authorised, interviews will be granted only by officers of the rank of Deputy Chief Controller of Imports and Exports or above or by other officers authorised to grant interviews. It should be noted that the person desiring to book an interview should be the accredited representative of the applicant; and he should comply with all the regulations concerning the interviews which are promi- nently displayed on the trade notice boards in all the licensing offices or otherwise published. Entry in the rooms occupied by the clerical establishments or per- sonal contact with the staff of the Import Trade Con- trol Organistion is strictly prohibited.

'Counter' system

327. The requests for amendments of minor nature or revalidation of licences which do not require detail- ed examination, such as requests for issue of letter of authority .correction in the lists of goods, affixing se- curity seal on the licence or on the lists of goods, and other matters of minor nature like signatures of the licensing authority below the condition on the licence or on the lists of goods attached to the licence, an amendment of port of registration, will also be enter- tained at the "Counter" in the licensing office con- cerned. For this purpose the "Counter" system has ben introduced in the licensing offices. The applica- tions will be received at th "Counter" against a pro- per receipt and the applicant will be given a fixed date for collecting back the licence on production of the said receipt.

330. (.1) A licensing authority may refuse to grant

a licence/release order : —

(a) if the application docs not conform to any provision of the Imports (Control) Order, 1955 dated 7th December, 1955, as amend- ed;

(b) if such application contains any false or

fradulent or misleading statement;

(c) if the applicant uses in support of the appli- cation any document which is false or fabri- cated or which has been tampered with; (d) if the application for the licence/release order is defective and does not conform to the prescribed rules and procedure;

(e) if the applicant is not eligible to the grant of licence/release order in accordance with the relevant Import Trade Control policy and procedure in force;

(f) if the applicant fails to produce any docu- ment that is called for by the licensing au- thority;

(g) if the applicant has failed to make up a de- ficiency in his application within the time limit indicated by the licensing authority;

Import of disposal, second-hand or re-conditioned

goods

328. (1) In terms of the Imports (Control) Order, 1955, dated the, 7th December, 1955, as amended, it is a condtion of every licence that the goods for the import of which the licence is granted, shall be new goods, other than disposal goods, unless otherwise stated in the licence. Disposal goods, even if new, will not be treated as new goods.

(2) It has been decided that requests for import of disposal or second hand or reconditioned goods against (h) if the applicant has used any unfair means in obtaining a licence/release order; and U) any other reason to be recorded in writ-

ing.

(2) A licensing authority will also refuse to grant a licence under the provisions of clause 6 of the Im- ports (Control) Order, 1955 dated 7th December 1955, as amended.

331. A form of bond to be executed by importers for fulfilments of export obligations is given in Appen- dix 33.

CHAPTER XV11I

IMPORTS OF SAMPLES

332. The various provisions relating to import of Samples, with or without an import licence, are spread out in this book and in the Import Policy Books. (Vol I and II). It was thought that it will be an advantage if these provisions are consolidated in a Chapter.

(4> In order to avoid dimculties at the time of clearance of- goods Irom Customs under O-G.L. IV; importers should carefully familiarise themselves with the provisions of paragraph 281 and Appendix 24 of this book before effecting import.

(A) Import of samples without an import licence

333. There are four provisions in this behalf :

(i) Import of bona fide and technical and trade

samples under O.G.L. IV.

(ii) Import of commercial samples under Inter-

national Convention.

(iii) Import of sample by exporters againsi

blanket release of foreign exchange.

(iv) Import of samples by registered manufac-

ture-exporters.

335. Under International Convention drawn at Geneva on 7th November, 1952, import of commer- cial samples is allowed without an import licence. Full details in this regard can, however be ascertained from the Collector of Customs concerned, [vide para 280(i)].

336. Import of samples by exporters for export pro- duction purposes is also allowed without an import licence, if such samples are imported against the blanket release of foreign exchange provided by the Reserve Bank of India for travel abroad (Vide para 280(o)].

337. Import of samples may be allowed by the customs authorities without import licence in cases where (i) the value does not exceed Rs. 500 (ii) the import is made by post parcel or by air-freight parcel and (iii) the importer is a registered manufacturer- exporter and produces evidence to this effect to the Customs authorities at the time of celearance and to the Reserve Bank of India at the time of making remittance. In such cases, remittance to the foreign supplier will be allowed by Reserve Bank of India. (vide para 316).

(B) Import o] samples with import licence

334. (1) Under O.G.L. IV, appearing in appen- dix 24 to this book, import of bona fide technical and trade samples except "vegetable seeds" and "new drugs is allowed without an import licence, provided the samples are supplied free and the c.i.f. value, in one consignment does not exceed Rs. 2,000. The Customs authorities may also allow clearance of sam- ples under O.G.L. IV even if the importer may have to pay for freight and insurance charges, provided the overall value of the sample imported, including freight and insurance charges, does not exceed Rs. 2000 c.ii. If a sample is imported by air and no account of the extra freight paid on importing by air, the c.i.f. value of the sample exceeds Rs. 2000 the Customs authorites may still allow the import under O.G.L. IV, provided the suplpy is made free of charge and the foreign supplier also bears the entire expenses relating to insurance and freight [Vide para 2 8 i ( l) and 281(2)].

(2) Customs will not allow an item sought to be imported as a technical sample if the importer is not engaged in the production of that item or a related item or is not in a position to satisfy the Customs authorities that the scheme for the production of the item, in question, has been approved by the sponsor- ing authority concerned. Importers who are not con- nected with commercial sale or distribution are not eligible to import trade samples. However, Export Promotion Councils and the Export Houses^ holding certificates of eJigiblity issued by the Chief Controller of Imports and Exports, New Demi, may be allowed to import technical and trade samples [vide para 281(3].

(3) Import of only such trade samples will be allowed as are permissible to actual users or established importers under the import policy in force at the time of shipment [vide para 281(4)].

338. Import of prototype/technical samples.-- (1) Applications for import of machinery and instru- ments and other items of prototypes/technical samples, such as chemicals, raw materials etc. will be considered on the recommendation of the &ponsor- ing authority concerned in terms of the provisions made in paragraphs 98 and 99 of this book.

(2) Import licences for prototypes shall be sub- ject to the condition, inter alia, that the imported goods shall be used in the licence holders factory as proto-type only, and shall not be sold, or disposed of, or permitted to be utilised by any other person, or in any other manner, except with the prior written per- mission of the licensing authority.

339. Import of trade samples.—Applications or import of trade samples which are not covered by the provisions of O.G.L. IV or under the facility provided for import under the International Convention drawn at. Geneva on 7th November, 1952, will be considered in bona fide cases, provided the applicant produces a 'no charge invoice' to prove that no payment is required to be made against the cost of the import. In such cases, a customs clearance permit may be issued subject to the condition that goods imported against

it shall be intended for free distribution and shall noi be meant for sale.

340. Import of samples of drugs and medicines.— (1) In order to minimise delay and inconvenience to bona fide sole representatives of manufactures abroad in importing consignments of free samples of drugs and medicines, customs clearance permits may be issued for import of free samples of drugs and medicines covered by list I of Appendix 19 to the rele- vant Import Policy Book (Vol. 1), subject to the fol- lowing conditions :—

(i) no remittance of foreign exchange is

involved;

(ii) the c.i.f. value of the consignment is- reasonably small and does not exceed Rs. 8,000;

(iii) the samples are imported in packing which are distinctly different from regular trade packings; and

(iv) each packing is clearly marked 'Physician's

sample not to be sold'.

(2) Applications for customs clearance permits under this provision should be made to the regional licensing authorities concerned. Only one Custom Clearance Permit may be issued to a firm in a licens- ing period and for this purpose only the head office of the firm should apply.

341. Import of technical samples against actual user licences.—Requests for import of chemicals and other materials to be used as technical samples/pro- totypes may be considered by the licensing autho- rities concerned on the recommendations of the spon- soring authorities concerned, to the extent of Rs, 2,000 c.i.f. against import licences issued to actual users for import of raw-materials, components and spares, by a specific endorsement made thereon.

342. Import of samples by registered exporters.— Applications for import of samples by registered exporters upto a value of Rs. 5,000 (c.i.f.) in each case, may be considered by the regional licensing authorities concerned against the import replenish- ment licences, on the recommendations of the Export Promotion Councils/other Registering Authorities/ Trade Development Authority. Applications for value higher than Rs. 5,000 (c.i.f. may also be considered by the Chief Controller of Imports and Exports, New Delhi, on the recommendations of the Export Promo- tion Councils/other Registering Authorities concerned Trade Development Authority in consultation with the technical authorities.

343. Applications for import of trade and techni- cal samples/advertising material in excess of the value limits permitted under OGL.IV may be con- sidered by the regional licensing authorities concerned on merits, in terms of the import policy in force, pro- vided the goods to be imported are supplied free of charge and are meant for bona fide use as technical or trade sample or as advertising material. Such requests should be accompanied by 'No Charge' invoices to prove that no payment rs required to be made.

APPENDICES

APPENDIX I

(Vide para. 2 of Chapter 1|

Imports and Exports (Control) Act, 1947 as

amended upto 7th April, 1975).

An Act to prohibit or control imports and exports.

Whereas it is expendient to prohibit, restrict or

otherwise control imports and exports.

It is hereby enacted as follows :—

1. Short title, extent, commencement and dura- tion.—(1) This Act may be called the Imports and Exports (Control) Act, 1947.

(2) It extends to the whole of India, (3) It shall come into force on the 25th day of

March, 1947.

2. Interpretation-—In this Act,

"Import" and "Export" means res- pectively, bringing into, and talcing out of India by sea, land or air;

3. Powers to prohibit or restrict imports and ex- ports.—(1) The Central Government may, by order published in the Official Gazette, make provisions for prohibiting, restricting or otherwise controlling in all cases or in specified classes of cases, and subject to such exceptions if any as may be made by or under the order :—

(a) the import, export carriage coastwise or shipment as ships stores of goods of any specified description;

(b) the bringing into any port or place in India of goods of any specified description inten- ded to be taken out of India without being removed from the ship or conveyance in which they are being carried.

(2) All goods to which any order under sub- section (1) applies shall be deemed to be goods of which the import or export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), all the provisions of that Act shall have effect accor- dingly.

(3) Notwithstanding anything contained in the aforesaid Act, the Central Government may, by order published in the Official Gazette, prohibit, restrict or impose conditions on the clearance, whether for home consumption or for shipment abroad of any goods or class of goods imported into India.

(4) Continuance of existing orders.—All orders made under rule 84 of the Defence of India Rules or that rule as continued in force by the Emergency Provisions (Continuance) Ordinance, 1946 (Conti- nuance of Existing Orders, XX of 1946), and in force immediately before the commencement of this Act shall so far as they are not inconsistent with the pro- visions of this Act, continue in force and be deemed to have been made under this Act.

4A. Fees for applications for, and idsue or renewal of, licences.—The Central Government may by order levy, subject to such exceptions, of any, in respect of any persons or class of persons as may be specified in the order, any fee in respect of any application or in respect of any licence granted or renewed under any order made or deemed to have been made under this Act.

5. Penalty.—If any persons contravenes or attempts to contravene, or abets a contravention of, any order made or deemed to have been made under this Act or any condition of a licence granted under any such order, Jie shall, without prejudice to any confiscation or penalty to which he may be liable under the pro- visions of the Customs Act, 1962 (52 of 1962) be punishable with imprisonment for a term which may extend to two years and also with fine:

Provided that in the absence of special and adequ- ate reasons to the contrary to be recorded in the judgement of the Court such imprinsonment shall not be for less than six months.

6. Cognizance of offences.—No Court shall take cognizance of any offence punishable under section 5 except upon complaint in writing made by an officer authorised in this behalf by the Central Government by general or special order, and no Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

7. No order made or deemed to have made under this Act shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall lie against any person for anything on good faith done or intended to be done under this Act or any order made or deemed to hnve been marie thereunder

APPENDIX 2

[Vide para 2 of Chapter 1J

Government of India

MINISTRY OF COMMERCE AND INDUSTRY Imports (Control) Order, 1955 (as amended upto 74-1975)

New Delhi, the 7th December, 1955

No. 17/55.—In exercise of the powers conferred by sections 3 and 4A of the Imports and Exports (Control) Act, 1947 (18 of 1947) as in force in India and as applied to the State of Pondicherry, the Central Government hereby makes the following Order, namely:—

ORDER

1. Short title and Commencement,—(a) This order

may be called the Imports (Control) Order, 1955.

(2) It shall come into force at once.

2. Definition.—In this Order, unless the context

otherwise requires,—

(a) 'the Act' means the Imports and Exports (Control) Act, 1947 (18 of 1947); (aa) 'aplication for licence' includes any appli- cation made under the Import Trade Control regulations;

faaa) 'Chief Controller of Imports and Exports' includes Export Commissioner in the offi- ce of the Chief Controller of Imports and Exports, a Joint Chief Controller of Imports and Exports, a Deputy Chief Controller of Imports and Exports and a Deputy Tron and Steel Controler;

(aaaa) 'licence' includes a customs clearance per-

mit issued under this Order;

(b) 'Licencec' means a person to whom a licence or a Customs clearance permit is granted under this Order;

(c) 'Licensing authority' means an authority competent to grant a licence or Customs clearance permit under this Order;

(d) 'Schedule' means a schedule to this Order; (e) 'Value' has the same meaning as in sub-sec- tion (1) of section 14 of the Customs Act

1962 (52 of 1962) :

3. Restriction of Import of certain goods.— (1) Save as other wise provided in this Order, no person shall import any goods of the description specified In Schedule I, except under, and in accordance, with a licence or a customs permit granted by the Central Government or bv any officer specified in Schedule II (2) If, in any case, it is found that the goods im- ported under licence do not conform to the descrip- tion given in the licence or were shipped prior to the date of issue of the lieence under which they are claimed to have been imported, then, without prejude to any action that may be taken against the licensee under the Customs Act, 1962 (52 of 1962), in respect of the said importation, the licence may be treated as having been utilised for im- porting the said goods.

(3) If, in any case, it is found that the goods im-

ported under a licence do not conform in every res- pect,—

(i) to the description or value of the goods

as contained in the licence; or

(ii) to the other conditions relating to euch goods, aa contained in, or applicable to, the licence,

the import of such goods shall be deemed to be pro- hibited.

3-A. In cases where the importer is unable to produce the licence which has already been granted to him at the time of arrival of goods, the Customs;) Collector may at his descretion, allow the importer to secure the clearance of goods, on execution of a bond or letter of guarantee to the effect that he holds a valid liicence in respect of the imported goods and shall produce the same within a period to be speci- fied by the Customs Collector, failing whicr he shall pay to the Customs Collector such amount as may be stipulated in the bond or letter of guarantee without prejudice to any action that may be taken against him under the Customs Act, 1962 (52 of 1962) for un- authorised importation of the goods concerned.

4. Fees on Application of Licences.—(1) Every application for a licence shall be made to the appro-¹ priate licensing authority.

(2) A fee as indicated in Schedule ITT shall be paid in respect of every application in the manner provided in the said Schedule :

Provided that no fee shall be payable in respect of

any application when made by —

(a) the Central Government, a State Govern- ment or any department or office of the Central Government or State Governmnt; (b) any local authority for th import of goods

required for its own consumption;

(c) any educational, charitable or missionary institution for the import of goods required for its own consumption;

(tfj an application for review ol afl uider (i.e. first appeal made on an application for a licence to the licensing authority who origi- nally dealt with the case,

*The fee once received will not be refunded under

circumstances except—

(i) where the fee has been deposited in excess

of the prescribed scale;

(ii) where the fee has been deposited, but no

application has been made;

(iii) where the fee has been deposited, and the aplication has been made, but the item to which the application relates is placed on an Open General Licence on or after the date of application;

(iv) where the fee has been deposited in error, but the applicant is exempt from payment of licence fee;

(v) where the fee has been deposited and the application made, but the policy governing the issue of import licences has been changed subsequent to the date of appli- cation, thereby rendering the application ineligible for the grant of licence.

•Note.—Fees paid in respect of Appeals made to the Chief Controller of Import and Exports shall not be refunded under any circumstances.

5. Conditions of Licences.—(1) The licensing authority issuing a licence under this Order may issue the same subject to one or more of the conditions stated below :—

(i) that the goods covered by the licence shall not be disposed of, except in the manner prescribed by the licensing authority, or otherwise dealt with, without the written permission of the licensing authority or any person duly authorised by it;

(ii) that the goods covered by the licence on importation shall not be sold or distributed at a price exceeding that which may be specified in any directions attached to the licence;

(iii) that the applicant for a licence shall execute a bond for complying with the terms sub- jects to which a licence may be granted.

(2) A licence granted under this Order may con- tain such other conditions, not inconsistent with the Act or this Order, as the licensing authority may deem fit.

(3) It shall be deemed to be a condition of every

such licence that:—

(i) no person shall transfer and no person acquire by transfer any licence issued by the licensing authority except under and in accordance with the written permision of the authority which granted the licence or of any other person empowered in this behalf by such authority.

(ii) that the goods for the import of which a licence is granted shall be the property of the licensee at the time of import and there- after upto the time of clearance through Customs.

Provided that the conditions under items (i) and (ii) of this sub-clause shall not apply in relation to licences issued to the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India and other similar insti- tutions or agencies owned or controlled by the Central Government and which are entrusted with canalisation of Imports.

(iii) the goods for the import of which a licence is granted shall be new goods, other than disposal goods, unless otherwise stated in the licence.

(4) The licensee shall comply with all conditions imposed or deemed to be imposed under this clause.

6. Refusal of licence.—(\) The Central Govern- ment or the Chief Controller of Imports and Exports may refuse to grant a licence or direct any other licensing authority not to grant a licence :—•

(a) if no foreign exchange is available for the

purpose;

(b) if the grant of a licence to an applicant is prejudicial to the interests of the State;

(c) if it has been decided to canalise imports and distribution thereof through special or specialised agencies or channels;

(d) if the applicant is a partner in a partnership firm, or a director of a private Limited Company, which is for the time being subject to any action under clause 8;

(e) if the applicant is a partnership firm or a Limited company, any partner or director whereof, as the case may be, is for the time being subject to any action under clase 8, 8A or 8B; and

(f) if any amount demanded from the applicant under the Customs Act, 1962 or any penalty imposed on him under the said Act has remained unpaid for a period of three months.

(2) The refusal of a licence under sub-clause (1) shall be without prejudice to any other action that may be taken in respect of an application by a licens- ing authority under the relevant import policy and procedure in force.

7 Amendment of Licence.—The licensing authority may, of its own motion or on application by the licensee, amend any licence granted under this Order in such manner as may be necessary to make such licence conform to the provision of the. Act or this- Order or any other law for the time being in force or to rectify any errors or omissions in the licence; Provided that the licensing authority may, on request by the licensee, amend the licence in any manner cort- sonent with the Import Trade Control Regulations.

8. Power to debar from receiving licences or allot- ments oj imported goods.—-The Central Government or the Chief Controler of Imports and Exports may debar a licensee or importer or any other person from receiving licences or allotment of imported goods through the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other similar agency, and direct, without pre- judice to any other action that may be taken against him in this behalf, that no licence or allotment of imported goods shall be granted to him for a specified period under this Order :—

(a) if his application for licence is at any time found to be not in conformity with any provision of this Order; or

(b) if such application is found to contain any false, fraudulent or misleading statement; or

fc) if he is found to have used in support of his application any document which is false or fabricated or which has been tamepred with; or

(d) if he has, on any occasion, tampered with an import licence or has imported goods without a licence or has been a party to any corrupt or fraudulent practice in his commercial dealings or in obtaining a licence, or is found to have solicited any licence by offering an inducement to the holder of the licence or otherwise; or

(e) if his agent or employee has been a party to any corrupt or fraudulent practice in obtaining any licence on his behalf; or

(f) if he fails to comply with or contravenes or attempts to contravene or abets the contra- vention of any conditions embodied in, or accompanying, a licence or an application for a licence; or

(g) if he commits a breach of any law (includ- ing any rule, order or regulation) relating to customs or the import and export of goods or foreign exchange; or

(h) if he fails to produce any document or in- formation that is called for by the Chief Controller of Imports nnd Exports or any other licensing authority.

8A. Power to suspend grant of licences or allot- ments of imported goods.—The Central Government or the Chief Controller of Imports & Exports may suspend the grant of licences or allotments of imported goods through the State Trading Corporation of India, the Mineral and Metals Trading Corporation of India, or any other similar agency, to a licensee or importer or any other person pending investigation into one or more of the allegations mentioned in clause 8, without prejudice to any other action that may be taken against him in this behalf :

Provided that grant of a licence or allotment of imported goods shall not ordinarily be suspended under this clause for a period exceeding twelve months : o—i cc on.W5

Provided further that on the withdrawal of such suspension, a licence or allotment of imported goods may be granted to him for a period of suspension subject to such conditions, restrictions or limitations as may be decided by the authority aforesaid, keeping in view the foreign exchange position, indigenous production and other relevant factors.

8B. Power to keep in abeyance applications for licences or allotments of imported goods.—Where any investigation into any of the allegations mentioned in clause 8 is pending against a licensee or importer or any other person, and the Central Government or the Chief Controller of imports and Exports is satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be in the public interest, then notwithstanding anything contained in this Order, the Central Government or the Chief Controller of Imports and Exports may keep in abeyance any application for grant of licence from such person, or direct the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other similar agency to keep in abeyance allotments of imported goods to such person, without assigning any reason, and without prejudice to any other action that may be taken in this behalf :

Provided that the period for which the grant of such licence or allotment is kept in abeyance under this clause shall not ordinarily exceed six months-

8C. Publicity of action taken under clause 8 or 8 .

(i) If the Central Government is of opinion that it is necessary or expedient in the public interest to publish the name of any person or class of persons and other relevant particulars, against whom action under clause 8 or 8 A. is taken it may publish or cause to be published, the name of such person or class of such persons and such particulars in such manner it thinks fit.

(ii) No publication under sub-clnusc (i) shall be made in relation to anv such action until the time of presenting an appeal, if any. to the appellate authority has expired without an appeal having been presented or, the appeal, if presented, has been disposed of.

Explanation.—In the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasures, or managers of the company, or the members of the association as the case may be may also be published if, in the opinion of the Central Government, the circumstances of the case justify it.

9. Cancellation of licences.—The Central Govern- ment or the Chief Controller of Tmnorts and Exports or anv other officer authorised in this behalf may cancel anv licence Granted under this Order or other- wise render it ineffective;

(a) if the licence has been granted through inadvertence or mistake or has been obtained by fraud or misrepresentation;

(TO if the licence has been granted contrary to

ryries or the provisions of this Order;

(c) if the licensee has committed a breach of

any of the conditions of a licence; (cc) If the Central Government or such officer is satisfied that the licence will not serve the purpose for which it has been granted;

(d) if the licensee has committed a breach of any law relating to customs or {he rules and regulations relating to the imports or exports of goods or of any law relating to the regulations of foreign exchange,

10. Opportunity of being heard to be given.—(1) No action shall be taken under clause 7 or clause 8 or clause 8A or clause 9 against a licensee or an importer or any other person unless he has been given a reasonable opportunity of being heard.

such other incidental charges incurred in relation thereto as are considered reasonable in the circum- stances of the case by the Chief Controller of Imports and Exports.

(2-A) Where goods are imported through the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India or other similar ^institutions or agencies owned or controlled by the Government or any other recognised agency, and such goods are allotted to any person, an opportunity of being heard in the matter shall be given to such person also.

(3) The licence or the person to whom any direc- tion has been made under sub-clause (1) shall be bound to comply with such direction.

10D, Prohibition regarding making, signing, .etc.

of any declaration, statement or docu-

ment :—

(2) Where any person is aggrieved by any action taken under clause 8 or 8A, he may prefer an appeal against such action to such authority as the Central Government may, by notification in the official Gazette consitute for the purpose of hearing appeals, within thirty days from the date of the communication of the action taken.

10A. Declaration as to value, sort, quality etc, of

imported goods.—On the importation into any. customs ports of any goods whether liable to duty or not, the owner of such goods shall in the Bill of Entry or any other documents prescribed by rules, state the value, sort, quality and description of such goods to the best of his knowledge and belief and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or docu- ments,

10B. Utilisation of imported goods.—(1) No person shall use any imported goods received by him during allotment or distribution made by the State Trading Corporation of India or any other recognised agency, in a manner and for the purpose, otherwise than as declared by him in his application for such allotment or distribution or in any document submitted by him in support of such application.

(2) Subject to the provisions of clause IOC, no person shall use or dispose of any goods imported by him against a licence on the strength of a letter of authority issued in his favour under the Import Trade Control Regulations except in accordance with the terms and conditions of such Letter of authority.

(1) No person shall make, sign or use or cause to be made, signed or used any declaration statement or document in obtaining a licence or in importing any goods knowing or having reason to believe that such dec- laration, statement or document is false in any material particular.

(2) No person shall employ any corrupt or fraudulent practice in obtaining any licence or in importing any goods.

10E. Power of Deputy Iron and Steel Controller.— The powers exercisable under clauses 8, 8A or IOC shall also be exercisable by the Deputy Iron and Steel Controller, against a licensee or importer or any other person in relation to goods licensable by the Deputy Iron and Steel Controller, that is to say, Iron and Sieel and Ferro-alloys.

II. Savings.—(1) Nothing in this Order shall

apply to the import of any goods :—

IOC. Power to make directions for the sale of im-

ported goods in certain cases.

(1) Where, on the importation of any goods or at any time thereafter, the Chief Controller of Imh ports and Exports is satisfied, after giving a reason- able opportunity to the licensee of being heard in the matter, that such goods cannot be utilised for the purpose for which they were imported he may by order, direct the licensee or any other person, having possession or control of such goods to sell such goods to such person within such time, at such price and in such manner as may be specified in the direction.

(2) The price that may be specified under sub- clause CD shall be the aggregate of the landed cost of the goods, clearing and transportation charges and (a) By the Central Government or agencies/ undertakings owned and controlled by the Central Government for Defence purposes. (b) by the Central Government or any State Government, Statutory Corporation, public body or Government Undertaking run as a joint Stock Company through the agency of the Purchase Organisations of the Ministry of Supply, i.e., India Supply Mis- sion, London and India Supply Mission, Washington;

(c) by the Central Government, any State Gov- ernment or any statutory corporation or public body or Government undertaking run as a Joint Stock Company, orders In respect of which are placed through the Directorate General, Supply and Disposals, New Delhi;

fd) by transhipment, or imported and bonded on arrival for re-export as ships stores or otherwise to any country outside India, except Nepal, Tibet and Bhutan or imported and bonded on arrival for re-export as

aforesaid but subsequently released for use of Diplomatic personnel, Consular Officers in India and the officials of the United Nations Organisation and its specialised agencies who arc exempt from payment of duty under Ministry of Finance (D.R.) Notification No. 3 dated the 8th January, 1957 and United Nations (Privileges £ind Immunities) Act, 1947, respectively;

(e) which arc in transit through India by post or otherwise, or are re-directed by post or otherwise to a destination outside India, except Nepal, Tibet and Bhutan provided that such goods while in India are always in the custody of the postal/customs autho- rities;

(f) for transmission across, India by air to Afghanistan or by land, to any other country outside India, except Nepal, Tibet and Bhutan under claim for exemption from duty or for refund of duty either in whole or in part, provided that such goods are imported by or on behalf of the Govern- ment of a country bordering on Tndia or that the importer undertake to produce within a specified period evidence that such goods have crossed the borders of India or in default to pay such penalty as the Collector of Customs may deem fit to im- pose on such goods and provided further that nothing therein contained entitles any goods to exemption from the Export Trade Control Regulations;

(g) by the person as passengers baggage to the extent admissible under the Baggage Rules for the time being in force except quinine falling under serial number 114 of Part TV of Schedule I exceeding five hundred tablets or i 1b. powder or one hundred ampules :

Provided that in the case of imports by a tourist, articles of high value whose re-export is obligatory under rule 5 of the Tourist Baggage Rules. 1958, shall be re-exported on his leaving India, failing which they shall be deemed to be goods of which the import has been prohibited under the Customs Act, 1962 (52 of 1962);

Provided further that where any goods are exempted under this sub-paragraph, the exemption shall be subiect to the condition that such goods shall not be sold, displayed, advertised or offered for sale or displayed in a shop, until (a) in the case of fire arms, and TV sets, they have been used for a period not less than ten yenrs and five years respectively from the date of clearance by such persons or passenger or member of the crew or (b) in the case of other goods when market-price has depreciated to less than 50% of their market-price when new;

(gg) by any person through the post, for his per- sonal use, or by any institution or hospital, for its own use except :—

(i) Post parcels of vegetable seeds falling under serial number 36 of Part IV of Schedule I, exceeding—one lb. in weight;

(ii) Post parcels of artificial, silk piecegoods under serial numbers, 185 and 190 of Part IV of Schedule I;

(iii) Bees falling under serial number 1 of

Part IV of Schedule 1;

(iv) Tea falling under serial number 25 of Part IV of the I.T.C. Schedule. (v) Books, magazines, journals and litera- ture which are not allowed to be im- ported under the import policy for the time being in force.

Provided that the c.i.f. value of goods imported as aforesaid at any one time from Asian and non-Asian countries shall not exceed eighty rupees and one hundred and sixty rupees.

NOTE.—The payments in respect of such goods other than those received as gifts, will be remittable through authorised dealers in foreign exchange with the permission ol the Reserve Bank of India.

(h) covered by an Open General Licence of Special General Licence issued by the Cen- tral Government;

(i) covered by an executive instruction issued by the Chief Controller of Imports and Exports to the customs authorities;

(j) by or on behalf of Diplomatic personnel, consular officers and Trade Commissioners in India who are exempt from payment of Customs duty under Notification 3 dated the 8th January, 1957 of the Government of India in the Ministry of Finance (Deptt of Revenue);

(k) from any country, which are exempt from Customs duty on re-importation under Sec- tion 20 of the Customs Act, 1962 (52 of 1962) or under Customs Notification Nos. 113, dated 16th May, 1^57, 103 dated 25th March 1958, 260 and 261, dated 11th October, 1958, 269, 270, 271, 273, 274, 275 and 276 dated 25th October, 1958, and 68, dated 27th May, 1961 of the Government of Tndia, Ministry of Fin- ance (Department of Revenue), or Notifi- cation No. 174, dated 24th September, 1966 as amended or Notification No. 98, dated 21st June, 1969, of the Government of India, Ministry of Finance (Department of Revenue & Insurance) or Notification No. 80, dated 29th August, 1970;

(1) of Tndian manufacture and foreign made parts of such goods, exported arid received back by the manufacturer (s) frorn the con-

signee for repair and re-export, provided that :—

(i) the Customs authorities are satisfied

with the bona fides of the case, and

(ii) in the case of goods other than those exempt from customs duLy on re- importation under Customs Notifica- tion No. 132, dated 9th December, 1961, a bond is executed by the im- porter with the Import Trade Control authority at the port concerned to the effect that the goods thus imported will be re-exported after repair within six months;

fm) by officials of the United Nations Organisa- tion and its specialised agencies who arc exempt from payment of Customs duty under the United Nations (Privileges and Immunities) Act, 1947;

(n) being vehicles as defined in Article I of the Customs Convention on the Temporary Importation o[ Private Road Vehicles or the component parts thereof referred to in Article 4 of the said convention and are exempt from payment of customs duty under the notification of the Government of Tndia in the Ministry of Finance (Depart- ment of Revenue) No. 224, dated the 3rd August, 1958 as subsequently amended, provided that—

(i) such vehicles or component parts are re-exported within the period specified in the said notification or within such further period as the customs autho- rities may allow.

(ii) the provisions of the said notification or of the 'Triptyque' or 'Camet-De- Passage' permit are not contravened in relation to such vehicles or component parts;

failing which the provisions of this Order shall apply to such vehicles or component parts and such vehicles or componeats shall be deemed to be goods, the imports of which has been prohibited under the Cus- toms Act, 1962 (52 of 1962).

Provided that nothing in these exceptions shall pre- dice the application to any goods of any other pro- bition or regulation affecting the import of goods at may be in force at the time such goods arc inv- erted.

(o) covered by an import licence issued by his Majesty's Government of Nepal and the im- porter furnishes a bond to the Collector of Customs in the form prescribed by the Collec- tor of Customs with a Scheduled Bank as surety to the effect that he shall pay the duty and pay penalty imposed for contravening Tmport Trade Control restrictions in respect of the whole or any portion of the goods which is not provided to have entered the territory of Nepa],

(p) of Indian manufacture or otherwise by the Central Government or any State Govern- ment for repairs, and re-export to Indian Embassies abroad or to any other office of the Central Government or State Govern- ment in a foreign country.

(2) Nothing in this Order shall apply to the import

of—

(a) drugs and medicines—

(i) by hospitals or medical institutions for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed five thousand rupees;

(ii) by any individual for his personal use provided the c.i.f. value of such goods imported at any one time shall not ex- ceed two hundred rupees;

(b) Medical including surgical, optical and dental instruments, apparatus and appliances and replacement parts and accessories thereof and dental materials permissible for imports under import trade control policy in force at the time of importation .

(i) by hospitals or medical institutions, for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed five thousand rupees;

(ii) by registered medical practitioners for their own use, provided the c.i.f. value of such goods imported shall not exceed one thousand rupees in a financial year subject of the condition that at the time of clearance the importers shall be re- quired to give a declaration to the cus- toms authority to the effect that the c.i.f. value of such goods already imported during the same financial year does not exceed one thousand rupees;

(c) Spare parts for medical including surgical optical and dental equipment by hospitals and medical institutions for their own use provided the c.i.f. value of such goods impor- ted at any one time shall not exceed two thousand rupees;

(d) (i) X-Ray films, X-Ray diagnostic agents and X-Ray intensifying screens by hos- pitals and X-Ray clinics for their own use, provided the c.i.f. value of such goods imported at any ons time shall not exceed two thousand rupees;

(ii) X-Ray films and X-Ray diagnostic agents by laborateries for rssearch pur- poses, provided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees;

(e) Scientific instruments, equipments, apparatus and appliances, whether electronic or electri- cally operated or otherwise, replacement parts thereof and components required for the construction of scientific instruments, equipments, apparatus and appliances,

whether electronic or electrically operated or otherwise by technical and research instilu- tutions or Government research and analy- tical laboratories, for their own use, provided the c.i.f. value oi such goods imported at any one time shall not exceed five thousand rupees; or shall not exceed twenty five thou- sand rupees in one lot per annum subject to the condition that if the second alternative as above is preferred, then at the time of clearance, the importer shall give a declaration . to the Customs Authority to the effect that he has not and shall not avail of the facility of importing these articles upto five thousand rupees in value at any one time during the same financial year.

(f) artist's materials, namely water colour tubes, canvas, brushes (made of hog or sable hair) and palette knives, by any individual for his personal use, provided the c.i.f. value of such goods imported at any one time shall not ex- ceed one hundred and fifty rupees.

(g) High purity chemicals, by Research and

analytical laboratories, for their own use, pro- vided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees.

(h) life saving equipment:—

(i) by hospital or medical institutions lor

their own use,

in a financial year, subject to the condition that at the time of clearance the importer shall be required to give a declaration to the customs authorities to the effect that the c.i.f. value of such goods already impor- ted during the same financial year does not exceed one thousand two hundred and fifty rupees.

()) technical and scientific books permissible for imports under the import trade control policy in force at the time of importation by an individual, for his own use, provided the c.i.f. value of such goods imported at any one time shall not exceed five hundred rupees.

(k) Technical and scientific books permissible for imports under the import trade control policy in force at the tune of importation by an educational technical and research institution or university recognised by the University Grants Commission, for its own use, provided the c.i.f. value of such goods imported in a financial year shall not ex- ceed tea thousand rupees, and applications for remittance of foreign exchange are made through the University Commission.

NOL'E.— The payment in respect of the goods im- ported under this sub-clause, other than those received as gifts will be remiltable though authorised dealers in foreign ex- change.

(ii) by any individual for his personal use on production of an essentiality certifi- cate from the State Director of Medical Services or Director General, Health Services, New Delhi, to the Customs authorities-

(3) Nothing in this Order shall apply to the import ol' foodgrains by Food Corporation of India, provided that, at the time of clearance, a declaration to the ellect that the import, in question has been approved by Central Government, is furnished by the importer to the Customs authorities.

Provided the life saving equipment imported is of the description specified in Schedule V.

12. Repeals.—The orders contained in the notifi- cation specified in Schedule IV are hereby repeated :

Provided that any thing done or any action taken, including any appointment made or licence issued under any of the aforesaid Orders, shall, be deemed to have been done or taken under the corresponding provision of this Order.

(i) spare parts of agricultural tractors permis- sible for import under the import trade con- trol policy in force at the time of importation by any individual having imported agricul- tural tractors for his own use provided the c.i.f. value of such goods shall not exceed one thousand two hundred and fifty rupees

SCHEDULE I

(See clause 3)

2

3

1

Nora.—Each entry in column (2) has the same meaning as in the item of the first Schedule to the Indian Tariff Act, 1934 (XXXII of 1934), specified against it in column (3) being the item which applies wholly or in part, to the entry in column (2).

cut to size, but excluding non ferrous pipe fitting, flexible matalic tubes and brass/copper coated tubes.

PARTI

(0 Iron and steel valves strainers and

hydrants and parts thereof.

(K) (a) Boiler lubes in full lengths or cut

al Name of article

to shape and size.

i.

Scri; No

(A) Cast Iron pressure pipes and

Item of the first Schedule to Indian Tarilf Act, 1934

specials.

3

2

1

(c) Line pipes and tubes. (d) Steel/Wrought Iron Pressure

1

Pipes and tubes (coated or un- coated) excluding stainless steel tubes.

28 and 70(1)

Calcium Molybdate, Mlyte and other Molybdenum products

63(1)

Ferro-Tungstcn

2

(e) Mechanical tubing welded inclu- ding mild steel tubes for cycle frames in lengths cut to sizes.

63(1)

Ferro-Molybdenum . . ..

3

63(1)

Ferro-Vandium

4

(/) Mechanical tubing (seamless) (g) Stainless steel pipes and tubes.

Ferro-Titanium

63(1) 63(1)

Ferro-Phosphorus . . ..

(IH) Pipes or tubes flexible, for passing gas or fluid under pressure and tele- scopic flush pipes.

5 6 7

(Iv) (a) Wrought Tron Steel Pipe fittings

63(1)

Ferro-Columnbium (also known as ferro- niobirm)

n.o.s,

63(1)

Fcrro-Selenium . . . ..

8

(b) Other steel pipe fittings, n.o.s.

63(35)

Ferro-Silicon

9

(v) Cast iron Pressure pipes :

10 Ferro-Chrome . . . ..

63(1)

(a) Spun pipes. (b) Stand Cast pipes.

Refined Fcrro-Manganese

63(1)

11

18

63(7), 63(19) & 63(20).

(a) All grades below 3 % Carbon (b) All grades of 3 % and above carbon

Iron or Steel plates, medium plates, sole plates, terneplates black plates silver finished plates including cast iron and plates.

Silico-Manganese . . ..

63(1)

12

19

63(8)

Silico-Spiegel . . . ..

63(1)

13

Steel ingots and iron or steel blooms, billets and slabs excluding pieces of less than 1-1/2 inches squares or thick

Ferro-Silicon Ziroconium and Ferro Borar

14

20

l 63(1) 63(1)

63(9), 63(28), 63(30) (0 Ferro-Silicon ziroconium . (//) Ferro Boran . . ..

15 Iron or steel angle channel, tee, flat beam or joist, zed, trough and piling

63(2)

Iron and Steel structure, fabricated partially, or wholly if made mainly or wholly or irou or steel bars, sections, plates or sheets for the construction of buildings and colliery arches or pit pops and parts thereof.

(a) Iron or steel, rounds, squares, roads

16

63(10)

21

hexagons and other sections and shape whether black or bright.

Steel tinplales and tinned sheets, incjud- ine tin taggers and cutting of such plates, sheets or tagger.

63(3), 63(14), :s 63(19), 63(20), 63 (25) and 63(30).

22

63(12), 63(13), 65(5), 75(1).

(b) High speed, alloy and carbon tools steel sections, stainless and heat resisting steels.

Iron and Steel bolts, nuts, set screws, machine screws and machines studs but excluding bolts, nuts and screws adapted for use on cycles :

16.

(a) Machines screws, Set screws, and

Machine studs,

(b) Others.

Iron and steel hooks and strips .

23

63(34), and 63(14).

\ (0 M.S. Bright Free Cutting quality (high sulphur and/or lead alloy), Bars, Rounds, Rods, Squares, Hexa- gons, Octagons and Flats and other sections including Steel Shaftings (Reeled), Bright drawn, turned and polished, bars.

Iron and Steel rivets and bifurcated rivets 63(15)

24

(a) Bifurcated rivets, (b) Tinmcnt's rivets (c) Others

(/7) Iron and steel and alloy steel rounds, rounds, rods, squares. Hexagons and sections in bright drawn, turned ground and/or polished bare.

25

63(16)

17

63(6), 63f7), 63(17), 63(18), 72(3).

Iron and steel pipes and tubes and fitting therefor including valves and boiler tubes cut to shape and size, and unscrewed mild steel tubes or cycle frames in lengths and

Iron and steel roofing nails, k.k. nails, rose nails, horse and bullock shoes nails, dowel nails, chair nails, clout nails, boat nails, panel pins and washers, all sorts n.o.s.

1

2

3

1 2

3

(xiv) Heel tips

(a) Panel pins of size 1" and below (b) Panel pins of over 1" size (i.e. wire

(JCV) Toe plates

(xvi) Light out hand tacks for shoe and

tingles for shoes)

nails) (c) Deleted (d) Others

(xvii) Blue cut and/or Bright cut tacks

26

(xvlli) Heel pins

(0 Iron and steel sheets, less than 3mm., coated and uncoated, galvanised, cellactities, including timmlle Black Plates, and

63(20), 63(28)

(xlx) Iron or steel shoe eyelets including those enamelled or celluloid dipped (bat excluding brass shoo eyelets, and hooks for boot and shoes.

(ii) High Silicon Electrical Steel sheets, excluding laminations, Stampings and punchings, . . .. 63(31)

27

(xx) Cutlan nails, bills hobs, stud, pronged protectors (but excluding heel tips and toe plates and spikes, for boots and shoes).

63(21,) 63(22) and 63(23)

(xxi) Stcol shoe shanks

Iron or steel rails, sleepers or fish plates for railways and tramways; Dog spikes chain spikes and screw spikes (i.e.) Railways fittings other than Fish Plates etc.

28

63(22)

Malleable Iron Castings including Malle- able iron pipe and fittings etc.

(xxli) Grooved Tacks (d) Wire Mesh (<0 Others

29

37 Shell steel

63(28) Steel wire ropes or wire stand (standard wire)

63(24)

(a) Grey Iron castings . . ..

38

63(11) and 30 Iron or steel wire whether plain or barbed (excluding uncoated electrodes).

63(24), 63(25), 63(32).

38 (b) Alloy Iron castings

63(28)

31 Iron or steel wire nails

63(25)

38;

Deleted

32

\. Iron and steel chains including roller chains and other industrial chains and parts there of, all sorts :—

33 Deleted

34 Iron or steel wire rods coated or uncoated (excluding electrodes,)

63(3), 63(25) and 63(2$)

72(d), 75(7A), 75(10) (Hi) 75(2), 72(3), 72(A)(ii)

(a) Industrial steel roller chains all types including transmission/driving/timings chains used in Automobiles and bi- cycles and parts thereof

72(A)(i((c)

35

63(28)

72(40)(b) Iron and Steel wire netting . (a) Iron and Steel wire netting of all sorts (excluding Stainless Steel wire netting)

(b) Stainless Steel wire netting.

72(d), 73(40¥b), 72(3)72(A)(J)(c). 72(A)(").

63(26)

35

(b) Steel Industrial chains all types other than those specified in (a) above inclu- ding PIV-Gear, chains, conveyor, chains etc., and parts thereof.

A Iron and Steel welded fabrics (other than bar and rod) specially designed for the reinforcement or concrete.

63(11), 63(28), 74(3).

36 Iron or steel wire chain link fencing, wire mesh wire staples (excluding machine staples) and boot and shoe grindery:

(c) Ships chains and Hoisting chains, Viz., wrought iron & Steel stud link chains for anchoring hoisting etc., including welded link chains ana all toher types of link chains and parts thereof.

63(16) 63C25) 63(28), 20, 28 22(3) and 87.

71(b), 63(28).

(a) Wire chain link fencing

(d) Other types of miscellaneous iron and steel chains including items coming under miscellaneous hardware such as key chains, dog chains etc. n.o.s. and parts thereof

(b) Iron or steel stapling wire, including copper coated stapling wire galvanished or black (excluding machine staples)

Steel die blocks

39

63(28)

(c) Boot and shoe grindery, the following

namely:

^ Steel castings (Uninachlned)

39^

63(28)

(0 Machine tacks,

391

I Alloy Steel castings (unmachined)

(ft) Tacks anchor for shoes (for use on

Unmachincd steel forgings .

40

63(28) machines).

63 (Hi) Plugs tips flange.

—A Old Iron and steel, including defective

40-

cutting and remelting scrap.

(iv) Wire required for lasting of boots

and shoes.

41

(v) Slugging wire,

i4 64,(4)64(3), 64(5), 72(2) 72(3)

(v/) Rand and tacking wire,

(v/i) Miled tacking wire.

(viii) Screwing wire.

Copper wrought including the following ( viz., rod, section strip, tape, foil, pipe, sheet including highly polished sheets specially prepared for making process blocks, lithographic sheets and the follow- ing manufacturers, viz., copper perforated sheets and sheet cut to size, tubes rods, and pipes cut to shape and size.

(ix) Autosoler wire.

(x) Rivets for shoes.

Copper, wrought in~the following forms:—

(xi) Nails for fixing heel tips and toe

plates.

(xii) Nails for fixing rubber

(xiii) Buckets for shoes

(/) Copper, tapes, foils, highly polished sheets specially prepared for making process blocks, lithographic sheets and copper perforated sheets.

2

1

3

2

1

3

46

55, 70, 70(A), 70(4), 70(6) and 72(3).

(//) (a) Copper, rolled, plates, sheets circles and strips in coiled form or straight lengths including sizes cut to shape.

("') (b) Copper extruded/hard drawn, bars/rods-rounds, squares, hexa- gional and other sections/shapes, including special profile sections, in straight siandurd/ciit lengths.

(i) Brass, bron/c and similar alloys < wrought including the following viz,, ' wire, rod, section, sheet, pipe, tube: ' unwrought and in the form of ingot nnd scrap whether ingotted or other- wise and the following manufacturers, viz., perforated sheets, sheets cut to size and pipe rod and tube cut to shape ancl size including manu- factures of nickle alloys and nickel chrome alloys but excluding chemical or imitation gold.

(//) (r) Copper cxlrudcd/hard drawn, pipes/lubes, including capillary tubes.

(//;) Copper alloys wrought (other than

(//) Nickel base alloys and Nickel chrome alloys including manufactures and and scrap thereof,

brass) in the form ol" • -

(a) Rolled sheets, plates, strips, circles (whether coiled or straight)

(a) Brass, bronze and similar alloys, unwrought and in the form of ingot and scrap whether ingotted or other- wise.

(/>) Hrass, wrought in the following

form viz ,—

(b) Kxlruded/hard drawn bars and rods, rounds, squares, hcxa- gionul etc. and special profile sections/shape;.

(c) Pipes and tubes including ciipacil-

lar tubes.

(0 Rolled, plates/shccls, circles, strips, whether in coils or straight lengths, including per- forated sheets.

(d) Wires, tapes and foils ,

(l\>) Copper flexible pipes or tubes, for

passing gas or fluid underpressure

64(1)

42 Copper scrap whether ingolled or other- wise

(//) Hxlruded/hard drawn, solid sec- tions, like rods of round/square, hexagonal, nnd all other such sections, including special profile sections,

43

67, 67(1) and 67(2)

(Hi) Iixtrudcd/hard drawn, pipes and tubes including capillary tubes.

Lead wrought including the following viz., pipes, tubes, foil, wire and sheets includ- ing sheet for tea chests.

(iv) Shceathings, wire-rods, wires and 43-A Lead ingot, pig and lead scrap .

67(3)

and foils

70(1)

(c) Bronze flexible pipes or tubes for passing gas or fluid underpressure. 43-B Antimonial lead in the ingot and wrought form including the following viz., pipes, tubes and sheets.

47

64(2)

44

68, 68(1), 68(2), 68(3), 72(2) and 72(3)

Copper, unwrought in (he form of ingots, blooms, slabs, cakes, tiles, bricks, billet, cathodes, blister bars, electrolytic wire and ingot bars.

Zinc or spelter unwrought including mazak alloys of zinc and aluminium containing not less than 94 percent zinc, zinc dross, dust, ashes and zinc in the

47-A Antimony ingot rcgulus and star

metal.

70(1), 70(2) and 70(3)

65(1) and 70(1)

48 (a) (0 Nickel virgin, all forms like ingots, cathodes, electrosquares, bri- quets, pellets and F. Shots, but excluding nickel anodes but in- cluding scrap.

granulations including all forms of zinc scrap, zinc wrought including wire, rods, sections, sheets including highly polished sheets especially prepared for making process blocks, lithographic sheets and the following manufacturers, viz., zinc perforated sheets cut to size,

(") Zinc or spelter unwrought in the form

(//) Nickel base alloys (including moncl metal) unwrought/scrap.

of ingots, cakes, tiles and slabs.

(b) Zinc, scrap, zinc dross and zinc ashes

4S

(c) Zinc granulations nnd dust.

(/>) (/) Rolled products, like plates, sheets, strips, foils whether coiled or in straight length.

(tf) Zinc wrought including wire rods, section plain sheets (including per- forated sheets cut to size and shape)

(//) Hnrd drawn/extruded solids like bars, rods, sections, profile sec- tions, wire rods and wires (includ- ing moncl-melal wires).

(e) (i) Photo engravers' zinc sheets in- cluding highly polished quality.

(Hi) Hand drawn/extruded hollows

(iif) Lithographic zinc sheets/plates

like pipes and tubes including capillary tubes.

for offset printing.

(:>•> Foils and flattened wires.

(/) Others

5 (a) Tin block and tin scrap

69 and 69(1)

41

(v) Nickel, alloys, rods, wires, strips and tapes for special electrical resistance uses.

(b) Tin plate scrap . . ..

(r0 Ahodcs whether cost or rolled in

45-A Tin wrought, including (he following

I 70(1)

various shapes.

viz., foil and wire

(vlt) Powders and metallic pastes,

69(2])

49

70(1)

All copper base alloys including Phosphor copper and eupro-niekel 45-B White metal (antifiriction metal), solders (including cored) and printing metals.

2

3 1

3

1

2

and scrap of such alloys in all forms but excluding alJ manufacturers.

50

70(1)

ways, andiron or steel railway or tramways springs, whether laminated or coiled. (a) Iron and steel tyres, axles and wheels Moncl mctul unwrouuht and semi-manu- factures thereof like sheets, strips, rods, wires.

51

70(1)

(b) Iron or steel buffers for locomotives, wagons and carriages, whether for railways or tramways.

Tungsten rectal in all forms including its alloys, semis powder and products there- of.

52

70(1)

(c) Hot formed Coil springs of Iron and steel for motor vehicles, railways and tramways.

Molybdenum metal in all forms includ- ing alloys, all manufactures, semis and products thereof.

53

70(1) and 87

((/) Leaf-laminated spring assembly for motor vehicles, railways and tram- ways.

(a) Calcium-manganese Silicon alloys (b) Calcium Silicide . . ..

54

65(33) and (71)

Iron and steel screws, all sorts, including gimlet points.

(n) Wood screw of the following des-

(c) Industrial melalic Cold formed Coil springs flat and other formed springs springs including precision but excluding hair springs for watches/ clocks etc.

cription:—

J, Countersunk head Wood screws

(/) Coil springs of non-ferrous metals Or) Leaves for laminated springs of iron lathe pointed.

and steel.

2. Galvanised Cone Head Rooling

72 and 72(3) Screws.

58 Locomotive pistons, rods and motion parts

3. Galvanised Cone Head Cutter

Wood Screws.

63(4)

Pig iron . . . . ..

59

4. Galvanised Mush Room Head

PART 11

Cutter Wood Screws,

5. Large Head Coffin Screws.

15. 73(7)und87

1

6. Square Head Coffin Screws.

Dry battery wax, red and black, wooden separaters and sealing compounds for batt7ries and accumulators—

7. Dowcll Screws.

8. Laying Screws.

9, Phillips Recessed Wood Screws.

(b) Wood screws of the types specified

2 3

below :—

(a) Wooden separators (/>) Dry battery wax, red, black, etc. Deleted Raw Manilla hemp (Fibre) . Raw hamp excluding raw Manila hemp

46(4)(/i) 46(4) 46(4)

4

1. Counter sunk Head Wood screws

46(5)

5

2. Counter sunk Head Household

Raw Sisal fibre . . .. Aloe Fibre . . .. 46(5)

6

assortment.

53

Sisal yarn

7

3, Counter Sunk Head wormed to

head.

PACKING AND JOINTING MATERIALS 4. Round Head Wood Screws.

5. Raised Head Wood Screws.

58(1)

7-A

6. Cheese Head Wood Screws.

(c) Iron and Steel Screws of the follow-

ing description :—

Asbestos manufactures, not otherwise specified (a) Asbestos yarn, packings Rope lagg- ing and asbestos textile products, all sorts.

(/) Coach, Screws, Square and

(b) Compressed Asbestos Fibre Jointing Hexagonal Head.

sheets mill board.

(/'/) Self-Tapping Screws (Sheet Metal

(f) Asbestos based products for electrics il isc insulation and products not othci w specified.

Screws) including Hammer Drive Screws. (d) Leaves for leaf springs.

•B Non-asbestos Packing and boilers all 58(2)

7-

sorts, not otherwise specified.

55 Steel earth wire for electric installations 72(3)

•C Steam penumutic and hydraulic Non 72(3)

7-

(/) Earthwire (standard)

asbestos packings for all machinery.

(//) Stecl/carth/wire for Hydro electric

Ready made boiler non-asbestos pucking 72(3)

8

installations

55-

72(3)

METALS AND MANUFACTURES THEREOF A Rolling Mill rolls for steel works (whether of cast iron, cast steel or forged).

63(1) to 63(28)

56

74

Fabricated iron and steel sheets, for the construction of coal tubs and fabricated galvanised iron sheets for roofing rail- way wagons.

57 Iron and steel tyres, axles, wheels and buffers fw locomotives wagon* and carriages, whether for railway or tram-

72(3) 74, 74(1), 74(3), 75 and 74(4)

9 Iron and steel, and articles made thereof excepting those covered by Parts, I, IV, V and VI of this Schedule (includinfi coated and uncoated electrodes both rod and wire) and Including non-ferrous pipe fittings, telescopic flush tubes, brass/copper coated tubes but excluding old Iron and steel and articles made thereof :

1

2

3

3

1 2 ]

(a) Machined Steel balls abovo 14 -2875

mm (9/16") dia.

(b) Machined Steel balls 14/12875mm

(9/16") dia and below.

(c) Unmacnined Steel Balls.

(/) Grinding media Steel balls. (0 Forged Steel balls.

(d) (i) Coated or uncoated arc welding

electrodes.

(If) Iron or steely coated and un- coated rods, wire, foills and strip for gas welding and brazing.

(a) (0 Cadmium, cobalt, managanese, magnesium, bismuth, chromium, vanadium and other virgin-non- ferrous metals not otherwise spedfled and powders and manufactures thereof, Dental silver alloy in I and 50z. packing, aluminium leawinged, glazing bars and magnesium powder, but excluding non-ferrous semi- manufactures and alloys and also excluding Hectrodes, rod, foil, wire and strips for gas weld- ing and brazing made of alloys not otherwise specified.

(a) (I!) All non-ferrous uncoated elec-

17

(e) Steel drums and barrels. (/) Welded wiro mesh.

(g) Rollers/needle rollers both machined

and unmacnined

trodes/rods/wires/strips/foils/ powder compounds and pastes of pure metaU or alloys there- of, for purposes of gas welding and Brazing only.

(//) Shots and grits for shot blastings.

(0 Steel cast Iron shots. (11) Steel shots (Heat treated). (///) cut wire Shots and grits.

(1) Others

(///) Non-ferrous electroplating Anodes of all non-ferrous, metals like Cadmium, Chromium, Cop- per, Zinc, Lead, Tin, Antimony, etc. but excluding nickel anodes

10 Manufactures of copper and copper alloys excluding scrap and those men- tioned in Part 1 of the Schedule :

(b) Non-ferrous and ferrous resis- tance alloys and bi-metal/semi- manufactures like rods, strips, wires, tapes, foils, (excluding Nichrome products).

(a) Rods, wire, foil and strip made of copper and copper alloys for gas welding and brazing.

(b) Copper wire (other than bare hard drawn electrolytic copper wire).

(c) Others.

(i) By-metal. (if) Electrical Resistance alloys excluding Nickel-chromium /ferrous base (like constantan, manganin, alume] and such other special alloys.

11 German Silver (Including nickel silver) (,'. 5 semi-manufactures and scraps thereof having 10% to 18% nickel content only.

Deleted.

12

(///) Alloy pen points. (Iv) Low expansion alloys like Invar, Dumet and such other special alloys.

13

66(1) and 66(2)

Aluminium in any crude form, including ingots, bars, blocks, slabs, bilcts, shots and pfllets.

Deleted

14

68

(c) Aluminium alloy items (other than those used in aircraft construction) containing not more than 99% of aluminium in the form of plates, sheets, circles, strips, rods, bars, tubes, sections, wires and rivets.

15 Zinc or spelter, manufactures, not other- wise specified excluding scraps, and tho- se mentioned in Part I of this Schedule.

(d) Aluminium circles, sheets, strips, wire rods, wire and foils of minimum purity of 99-7% and above.

16

70 and 70(6)

(e) Metal and alloy powders (including iron) for sintering, not otherwise specified:—

Manufactures of brass, bronze, aud similar aliojs not otherwise specified excluding scrap and chemicals or imi- tion gold and those mentioned in Part I of the Schedule :

(0 Iron/alloy iron.

(11) Non-ferrous metals and its

alloys.

(f) Metal and ally powder for sintering, (a) Electrodes made of brass, bronze and other similar alloys and rods, foil, wire and strip, made of brass, bronze and other similar alloys for gas welding and brazing.

not otherwise spedfiod.

te) Others.

Racks for withering of tea leaves

18

(b) Sintered Bronze, self-lubricating Bushes and Bearings (popularly known as Oilitc Bushes).

71(6)

BEARINGS (c) Sintered parts/components other than self-lubricating ollitebushes

19 (1) Ball Bearing — . . ..

(0 Ferrous including pure iron. (it) Non-ferrous including bronze.

71,72(3). 72(35), to 72(38).

(d) Others.

17

70(1), 70(7), 70(8) and 70(9).

(0 Ball bearings of 25 -4mm bore (internal) diameter and below as spedfled in Appendix 14(l)(a) & 14(1X6)

All sorts of metals and alloys other than Iron and Steel and manufactures thereof not otherwise specified excluding those mentioned in Parts I, IV, V and VI of the Schedule .

(it) Ball bearings of 25-4mm bore (internal) diameter, and below

1

2

3

2

3

1

other than those specified in Appendix 14(l)(o) and 14(1)(£>)

as specified in Appendix 14(7)(CT) and (b)

1

19 (5)

[Hi) Ball bearings above 25 -4mm boro (internal) diameter upto and including 50-Smm in bore (internal) diameter as specified in Appendix 14(2)(a) and 14(2)(6)

(/v) Ball bearings above 25 -4mm

(ft) Needle Bushes/Shell type. Needle Bearings/Thin Shell Needle Bearings/Drawn cup Needle Bearings, Roller cages including Needle Roller Bear- ings complete other than those specified In Appendix 14(7)(o) and (ft).

19 (5)

(internal) diameter and upto and including 50 -8mm bore (Internal) diameter other than those specified in Appendix 14(2)(n) and 14(2)(6).

(v) Ball bearings above 50 -8mm bore (internal), diameter and up- to and including 76 -2 mm bore (internal) diameterES specified in Appendix 14(3)(a) and 14(3)(6).

(Ill) Components parts of needle bushes/shell type needle bear- ings/thln shell needle bearings/ drawn cup needle bearings/roller cages/needle roller/bearings in- cluding accessories such as cages, sleeves, etc. not otherwise specified.

(iv) deleted.

19 (5)

SMALL TOOLS AND HAND TOOLS (v/) Ball bearings above 50 '8 mm bore (internal) diameter and upto and including 76-2 bore (internal) diameter other than those specified in Appendix 14(3)(

Metal-working tools

20 (1)

7] and 72(3)

[vit) Ball bearings above 76-2 mm 1 boro (internal) diameter as specified in Appendix 14(4X") and 14(4)(6).

(•

vill) Ball boarings above 76-2 mm bore (internal) diameter other than those specified in Appendix 14(4)(a) and 14(4)(6).

(a) Tools and cutters tipped with either Tungsten Carbide or Stellite or Ceramic or other oxide tips (Including Inserted types) and spare tips and bits thereof excluding tools, tips and bits made out of steel which fall under S. No. 20(])(6)/n or— No. 20(I)(c)/II.

(tx) Component parts of ball bearings

not otherwise specified.

19 (2)

72(3), 73(38) and 75(11)

(/>) Milling Cutters, Gear Cutters, End Mills, Slitting Saws, taps, dies and other thread forming tools.

(/) Roller bearings Including needle roller bearings and needle roller assemblies. (a) CyKnderlcal roller bearings specified in Appendix 14(5)(a) and 14(5)(i).

(c) Metal working saws (including power operated hacksaw blades) wire, tube and bar drawing dies and nibs or Pellets and other metal working tools (machine worked) not specified elsewhere

wood working tools

71 and 72(3).

(2)

(b) Cylindrical roller bearings other than those specified in Appendix 14(5)(a) and 14(5)(6).

(/) Circular saws, inclusive of in-

(")

serted blade types.

71, 7213), 72(38) and 75(11).

(ft) Wood working band saws,

(ft) Component parts of cylindcrical roller bearings including acces- sories, auch as sleeves, nuts and washers not otherwise specified.

(b)

19 (3)

71, 72(3), 75(4) and 75(11).

(0(") Tapered roller bearings as specified in Appendix 14(6)(a) and 14(6)(6)

71 & 72(3).

(3)

(/ft) Other machine worked saws. Machine worked cutter including all machine worked wood-working tools not elsewhere specified. The following hand tools (a) (0 Files and Ras ps

(b) Taper roller bearings other than those specified in Ap- pendix 14(6)(a) aDd 14(6)(6)

(ft) Emery wheel dressers and

cutters.

19 (3)

71. 72(3), 75(4). 75(1).

(/ft) Glass cutting or writing dia-

mond tools.

(ft) Component parts of tapered roller bearings including acces- sories such as tapered rollers, sleeves, nuts and washers, not otherwise specified.

(b) (/) Tube expanders, Hand saws other than fret or piercing saws.

(0 Spherical Roller bearings.

19 (4)

(ft) Hacksaw blades.

19 (4)

(HI) Fret or piercing saws and

coping saws.

(a) Adjustable hand reamers and ex-

(4)

(ft) Component parts of spherical roller boarings including acces- sories such as spherical rollers, sleeves, nuts and washers not otherwise specified.

panding reamers.

19 (5)

(b) Twist drills and reamers less than

1-190 mm dla.

(c) Carbide tipped drills and reamers

less than ] -190 mm. din.

7] & 72(3).

(/) Needle bushes/sholl type Needle bearings/Thin shell, Needle bearings/Drawn cup, needle bearings Roller cages including needle roller bearings complete

1 2 3

3

1 2

(d) Twist drills and reamers of 1 -190

CRUCIBLES

mm. dia, and above.

i 87

PRECISION AND MEASURING TOOLS

, 72(c) and E7

21 TKe following precision and measuring 71,72(3jord77

26 (1) Graphite Crucibles for pit furnace* (2) Graphite Crucibles including covers muffller rings and stands for tilling furnaces.

tools

(3) Silicon Carbide Crucibles for pit 87

fired furnaces

(4) Silicon Carbide Crucibles for 72(c) and 87

tilting furnaces

BELTING

27 Belt cement

32(3)

\ Belt dressing . . . .. 32(3) and 33.

27-.

28 Belting for machinery all sorts, including belt laces and belt fastners :— .

50(3), 72 and

73(13).

(1) Leather laces.

(2) Leather belting.

(3) Deleted.

(4) V. Belts, B-Bell endless—made of

rubber.

(5) Hair Belting.

(6) Cotton, belting, cotton rubberised belting, cotton bituminised belting.

(7) Spindle tape.

(8) Conveyor belting :—

(a) Rubber covered conveyor bel-

ting.

(6) Steel conveyor belts.

(9) Rubber ply transmission belts.

(1) Micrometers, Universal Surface Ouages, Vernier Height Guages, Vernier Depth Guages, Micrometer Depth Guages, Rule Depth Guages, Planer Shaper Guages, Taper Parallel Guages, Screw Pitch Guages, Fillet and Radius Guages, Feeler Guages, Thickness Guages Stocks. Twist Drill and Machine Screws tap Guages, Calliper and Wire Guages, Drill and Wire Guages, Jobbers Drill Guages, Drill Point and Depth Guages, Rolling Mill Guages, English Standard Wire Guages, Dial Guages, Dial Test indicators, Lathe Test indicators, Straight Edges, indicator Attach- ments, Vernier Callipers, Universal Bevel Protractors, Protractors, Com- bination Sets, Stainless Steel Drafts- man's Protractors, Gear Tooth Varnicrs, Speed indicators, Hardened Ground Steel PraHlels, Zie Makers Squares, Hardened Steel Squares, Uni- versal Bevels, Combination Squares, Automatic Centre Punches Combi- nation Calliper and Dividers, Steel Rules, Measuring Tapes, Feeder Gua- ges Strips and also such other meusu- riug tools and instruments used in the engineering workshop and industry for measuring or gauaging or checking or comparing physical dimensions.

(10) Balata belting.

(2) Tool Maker's Buttons.

ABRASIVES

(11) Endless flat belts, endless cone drum belts and endless made up ma- chine bolts.

(12) Single Bolt Belt fastners.

Sand paper und glass paper

22

30 and 30(9).

(13) Double Bolt Belt fastners.

Valve grinding pastes and compounds

23

32(3)

(14) Deleted.

(15) Deleted.

24 Grinding wheels and segments, abrasives grinding belts, rolls and discs—

71(8), 81(12) and 72(3)1

(16) Steel Belt lacing (Alligator types).

(a) (/) Dimond lapping wheels or grind-

(17) Steel belt lacing (other than Alliga-

tor types).

ing wheels impregnated with the diamond dust.

(18) Others.

MACHINERY (il) other manufactures of synthe- tic abrasive grains—imported with diamond dust.

(6) Grinding wheels and segments,

Power driven road rollers and component

"parts thereof . , " .

72(o)and 72(3) (c) Others

30

72(o) and 72(3)

25.

30(1) and 8(1)

Diesel engines of all types and component parts thereof except spare parts for inter- nal combustion engines of road vehicle types :—

Carborundum files, abrasive bricks, emery powder, emery grain, emery cloth emery paper, abrasive grain and car- borundum powder—

(a) Diesel engines upto 3 H.P. (b) Diesel engines above 3 H.P. and

upto and including 30 H.P.

(a) Emery fillets. (b) Crocus paper and emery polish- ing papers, of standard micron gradings.

(c) Diesel engines above 30 H.P. (d) Marine type diesel engines (i.e., an

(t) Water proof abrasive paper and

cloth.

(d) Emery grajn, synthetic alumi- nium oxzide and silicon caibidea- brasivo grains.

(c) Others.

cDgine usually supplied with bell housing, carrying reverse gear and clutch in which water circle is pro- tected with zinc coating or is made of bronze and starting contrivance Is at high level to facilitate hand starting).

1

2

3 1 2 3

S. No. 30—Contd.

(e) Diesel engines for vehicle such as motor vehicle, tractors, earth mov- ing machinery etc., excluding spares thereof.

(//) Vacuum pumps electric cither complete with or without base plate and motor of capacity not exceeding 1/2 H, P. for use in laboratory provided the mo- tor is not of the prohibited type.

(/) Spare parts of diescl engines other

than spares for dicsel engines lor vehicle such as motor vehicles, trac- tors earth-moving machinery etc.

(6) Sparc parts of power driven pumps including mechanical seals and/or parts and special scaling materials excluding spare parts of trailer pumps.

72(n) and 73(3)

31

72(3) and 76(6)

\ Polishingbobs and wheels, scratch bru-

34-j

shes and securing rushes which are component parts of polishing machines Petrol, Gas and Kerosene engines of the types (excluding automobile units) and component parts thereof except spare parts for petrol internal combustion en- gines of road vehicular type :—

35

(a) Complete engines.

Manual operated pumps and components parts excluding stirrup pumps :—•

(a) Petrol and oil pumps and parts (6) Parts thereof. (c) (0 Out-board motors upto and in-

thereof.

cluding 5 H. P.

(6) Other types of hand pumps,

(H) Out-board motors above 5 H.P.

(c) Parts.

31-/

36

i Petrol/Gas/Kerosene engines of Road Vehicular type.

32 Motors and Generators of any type or design and component parts thereof— 72(6), 72(3) and 72(14).

The following articles of machinery not otherwise specified in this schedule when required for jute industry, hemp industry tea industry, iron and steel production work, electric supply undertakings and mines and quaries :—

72(0) (a) Fractional horse power motors (in- cluding motors upto one H.P.) suit- able for D. C. supply or single phase

(1) Prime movers, boilers, locomotive engines and tenders for the same, portable engines (including fire en- gines) and other machines, in which the prime mover is not separatable from the operative parts.

(6) A. C. 3 phase, squirrel cage and slip- ring motors upto 200 H. P. confor- ming to details of construction and design as given below ;—

72(6) (0 Type Standard High Torque (including loom motors) smooth acceleration.

(rt) Voltage—upto 550. (r'i'0 Spindle—Horizontal or vertical

(2) Machines and set of machines to be worked by electric, steam, water, fire fire or other power not being manu- al or animal labour or which before being brought into use requires to be fixed with reference to other mo- ving parts.

72(c) (iv) Enclusure—Screen protracted/ dip-proof totally enclosed (in- cluding fan cooled).

(c) Motors of the types mentioned in

(6) above but from bovo 200 H.P.

(d) Other types of motors.

(e) Parts of Motors.

(3) Apparatus and appliances not to be operated by manual or animal la- bour which are designed for use in a industrial system as parts indis- pensable for its operation and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose.

(/) Electric Generators.

72(rf) (g) Generating Sets.

(h) Parts of Generators.

33

72(6), 72(3), 72(6) and 73.

(4) Control gear (other than electric self acting or otherwise) and transmis- sion gear (other than electric) de- signed for use with any machinery above specified, excluding driving ropes not made of cotton and bel- tings.

Pneumatic plants consisting of Prime movers and auxiliary equipment includ- ing parts thereof and portable electric tools and parts thereof.

72(3)

A Industrial Exhaust Fans and blowers

33-

72(3), 73(3) 72(6) and 73(18).

33-

(5) Component parts as defined in Im- port Tariff item No. 72(3) of machi- nery specified in clauses (1), (2), (3), and (4) above excluding those covered by si. no. 68 of Part V of this schedule.

72(6), 73(3) and 72(6).

72(6) B Compressor air or gas portable or sta- tionary but not being imported as an in- tegral part of any spray painting or refri- gerating or air-conditioning equipment or as component parts of any engine.

34

72(6), 72(3) and 72(6).

Power driven pumps and component parts thereof excluding trailer pumps :—

(6) Machines or parts of machines to be worked by manual or animal labour not otherwise specified and any ma- chines except such as are designed to be used exclusively in industrial Processes which require for their operation less than one quarter of one brake horse power excluding type-writers and sewing machines and parts thereof, duplicators of all types and also excluding those ma- (/) Speciall pumps required for handling highly corrosive liquidi and or high temperature and or high pressure or of sa sophisti- cated nature.

1

2

3

1 2 3

ELECTRICAL GOODS chines and or parts thereof which are included in Appendix 35.

38

71(1)

36-B

45,73, 82(5) and 87

Electric insulation including press—pan (electrical grade) but excluding ebonite rods, tubes and sheets.

The following hardware iron mongcry and tools, namely agricultural imple- ments, not otherwise specified and pruning knives and parts thereof :

A Electric Bulbs not otherwise specified

38-

(a) Pruning knives,

60(2) and 60(5) and 73.

(6) Tungston carbide/tipped spares for mining and other industrial machinery.

(a) General lighting service lamps, upto ,000 watts in all finished in- cluding frosted, inside white opal and day light blue.

(c) Others.

(b) All type* of train lighting and cab-

light lamps.

37(1)

(c) Studio electric and projector bulbs

72(1). 72(3) and 72(20)

including Halgon lamps.

(rf) Flourescent tubes,

(c) Motor car lamps.

(/) Auto bulbs, all sorts.

(if) Scaled beam units all types.

(/) Others.

(1) Special shock-proof lamps used by Navy (IS 2592 of 1964)

(2) Aircraft lamps.

(3) Runway lighting lamps.

(4) Mercury vapour lamps of 1000

watt and above,

(5) Telephone switch board lamps.

(6) Krypton gas filled lamps for

coal industry.

(7) Special Medical lamps for :

(1) The following textile machinery and apparatus by whatever power ope- rated when required for jute and hemp textile industries namely, hcalds; head cords and heald knitting needles, reeds and shuttles; warp and weft prepara- tion, machinery and looms; bobbings dobbies, jacquard machines; jacqtmrd harness linen cords; jacqua- rd cards; punching plates for jac- quard cards; warping mills; multi- ple box sleys; solid border sleys; tape sleys; swivel sleys; tape looms; heald knitting machines; dobby cards latt- ices and lags for dobbies; sizing ma- chines; doubling machines; cone win- ding machines & piano cards cutting machines; harness building frames; card lacing frames; drawing and den- ting horoks; sewing thread, ball mak- ing mcchines; cumbli finishing machi- nery; hank boilers; maileycs lingoes; take up motions; temples and pickers; picking bands; picking sticks; printing machines —

Cystascope, Opthalmoscope.

(a) Jute bobbins,

(b) Pickers,

(c) Shuttles.

id) Picking bands.

(8) Special lamps. (9) Prefocussed tungston filament lamps for use in calorimetre and spectrophoto meters to cover UV-rcgion.

(10) Deutermum lamps for spectro- (/) Other Jute Mills Stores covered by

photomcters to cover V-region, this Serial No.

(11) Nernst suorce lamps to cover

72(3)

(2)

infrared region.

(12) Different hollow-cathode lamps Component parts as defined in Import Tariff Item No. 72(3) of machinery specified in clause (l)above, excluding those covered by SI No. 68 of Part V of this Schedule.

required for use in Atomic absorption spectrophotome- ters.

72(3)

37-A

C13) 2-2 Volt lamps with built in

lens for pin point focuss.

The following component parts of ma- chinery when required for the Rail- ways •—

(14) High Pressure Sodium Vapour

Lamps.

(15) Ultra Voilet Lamps.

(16) Xenon arc lamps.

(17) Neon indicating lamps.

39

The following electrical instruments and accessories :—

71, 72(2), 72(3), 73(1). 73(5) 73(16) and 77(2)

(a) Indicating Switch Board and Con- troller Mounting Instruments (Volt- meters, Ammeters, Wattmeters, Power Factor Meters, Frequency Meters, Synchroscopes), Recording Instruments, Permanents fixing re- cording Voltmeters, Ammeters, Wattmeters, Maximum Demand Meter, Instrument Transformers, Component parts, not otherwise spe- cified in this schedule of Machinery as defined in item 72(a) of the first Schedule to tho Indian Tariff Act, 1934 namely, such parts only as arc essential for the working of the ma- chines or apparatus and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose and excluding articles covered by Part VI of this Schedule. Provi- ded that the articles which do Dot sa- tisfy this condition shall also be deemed to be component parts of the machine to which they belong If they arc essen- tial to its operation and are imported with it in such qantities as may ap- pear to the collector of customs to $o reasonable,

1

3

2

3

1

(j) Metallised porcelain Insulators/Bushir igs far capaci-

tors.

(k) Condensor Bushings for transform* ;rs, swuchgears

and other electrical equipment.

43

72("), 72(12) &

73 (19)

Bare hard drawn electrolytic copper wires and cables and electrical wires and cables of other metals and alloys, whether insulated or not,, n.o.s. and poles troughs, conduits, and insulators design- ed as parts of a transmission systems and the fittings thereof and also flexible mctalic tubes :

(fi) (0 Portable Instruments (Portable moving coll and moving Iron Voltmeters, Ammeters, Watt- meters, Power Factor Meters. Frequency Meters), Insulation Testers and Accessories, Ohmc- ters, Capacity Meters, Wheat stone Bridge, Fault Locating Sets, Potentiometers, Time Switches O. P. O. Detectors, StandardA cccssories such us Connecting Leads Compensa- ting Leads Standard Cells, Re- sistance Boxes Galvanometers for use with instruments. (//) House Service Meters A. C. and D.C . of any capacity.

(a) Baro electrical conductors (cables, wires and strips) of copper alumi- nium or any other material.

(b) Steel tubular poles.

(c) Flexible metallic tubes designed as part of electric transmission system.

(Ill) Thermocouples and pyrometer. (c) Industrial and street light fittings and flood lights, electrical wiring accessories, conduit accessories, bell wiring accessories (including wire)

(d) Insulated (plastic, paper or other

72(3) and 73

Cable accessories . . .. Deleted.

material) power cables. (e) High tension insulators.

40 41 41-;

72(e) and 72(3)

(/) Conduits.

(g) Mining cables & Railway signalling

cables.

(Ii) Others.

44 Electric fans, tables and Ceiling and parts thereof—

73(18), V Synthetic graphite and amorphous car- bon electrodes as used in electric are furnaces in the production of Iron, Steel, Ferro-alloys, non ferrous metals, and Calcium carbide, Synthetic gra- phite anodes and Carbon cathode blocks and Carbon Tamping/Binding Mixes for use in electrolytic processes and electrode paste for use in electric arc furnaces.

(a) Ceiling fans and parts

73(1) and 42

(27 d) and 72(39)

Electric control gear and electric trans- mission gear: —

(b) Table fans complete

72(12)

(a) Power and Distribution Transfor-

45

mers.

(b) (i) Lighting arresters of 400 KV

and below.

(//) High Voltage Fuses (1-1 KV

and above).

Oil) Protective Relays, (/v) Power line equipment and com- ponents thereof such as wave Traps coupling capacitors, filter matching units, metering units and earner sets.

(c) Electric motor starters. (d) Power and Distribution transformers

of ratings not covered by S. No. 42 (")/II and components and accesso- ries of all types of transformers fal- ling under S. No. 42(o)/II and 42(6)/ II e.g., oil coolers, radiators, buch- olz, relays, etc.

(e) Metal clad (or otherwise clad) swi- tche and switoh fuse units and metal clad (or otherwise clad) cut-outs.

The following electrical instruments, ap~ paratus and appliances excluding auto- matic blackout control switches, and parts thereof not otherwise specified namely- Electrical Control Gear, and Transmiss- ion Gear, namely, switches (excluding switch boards) fuses and current breaking devices of all sorts and description desig- ned for use in circuits of less than ten amperes and at a pressure not exceeding 250 volts; and regulators for use with motors designed to consume less than 187 watts; bare or insulated copper wires and cables any one core of which not being one specially designed as a pilot core has a sectional area of less than one- eightieth part of a square inch and wires and cables of other metals of not more than equivalent conductivity and line insulators including also cleats, connec- tors leading in tubes and the like, of types and sizes such as arc ordinarily used in connection with the transmission of power for other than industrial purposes and the fittings thereof but excluding electrical earthwarc and porcelain other- wise specified.

(/) Air and oil circuit breakers upto 660 volts and cubicals and 'pcnals' in- corporating these.

(g) Air and oil circuit breakers mini- mum oil and air blast circuit brea- kers above 660 volts and upto 220 KV and cubicals and penals incor- porating these.

(a) insulated (plastic, rubber, paper textile or other materials) cables and wires other than those coming under43(6)/II and 45(c)II and flexible cords.

(A) (0 Power capacitors of 33 KV and

below.

(b) Metal clad or otherwise clad switches excluding switches falling under S. No. 39/11, switch fuse units and metals (or otherwise) clad cut-outs.

(i) Eleotrical porcelain insulators/Bushings for switch gears ann controlgears incivding circuit breck.trans- Tormers.

(c) (0 Enamelled copper winding wires. (U) Enamelled or insulated strips.

(ii) HRC Fuses or 40 and 660 volts of current rating upto 8- Oamps.

and below.

(d) Electrical Resistance wire (Nickel

(Hi) Others.

chromium/ferrous base only)

3

2

1

1 2 3

TRANSPORT MATERIALS ((?) Tele-communication cables and wires both plastic insulated and paper in- sulated sheathed of all types.

49

74 (/) High frequency coaxial cables.

46

Coal tubs, tipping, onB and the like con- veyances designed for use cnlighi (rail ' track if adapted to be worked by manual or animal labour and if made mair.ly of iron or steel, and component paits there of made of iron or steel excludirg articles specified in part 1 of this Schedule.

). 73(8) and ; 73(14)

50

• 72(4) and 7-1(2) The following Electrical Instruments, apparatus and appliance, namely, tele- graphic and telephonic instruments, 73(2; apparatus and appliances, not othcrwisi specified, flashlights, carbons, condensers and bell apparatus and switch boards designed for use incircults of less than ten amperes and at a pressure not excee- ding 250 volts and parts thereof:

(a) Flash light cases,

(b) Carbons,

(c) Condensers

(d) Others.

46-; \ Accumulators and batteries, including 72, 73(2) 73(4), batteries for motor vehicles, wireless 73(7), 73(15), apparatus and train lighting and traction— 75(1), and

(a) Storage batteries for cars, trucks, Scooters, motor cycles, tractors, train lighting cells, aircraft batteries, signal batteries, telephone exchange, power house etc.

(6) deleted,

Railway material for permanent way and rolling stock, namely, sleppers other- than iron and steel fastenings thereof, bearing plates, chairs, inter-Hckine ap- paratus, brackegear, shunting couplings and spring ssingajs, turntables, weight bridges, carriages, wagons, traversers, rail removers, scooters, trollies, trucks, also order cranes, water cranes and water tanks when imported by or under the orders of a Railway adminis- tration, provided that for (he purpose of this entry 'Railways' means a line of Railway subject to the provisions of the Indian Railways Act, 1890, and includes a railway constructed in a State in India and also such tramways as the Central Government may by Notification in official Gazette, specially include therein. Provided also that articles of machinery as defined in item No. 72 or 72(3) of the first schedule to the Indian Tariff Act 1934, shall not be deemed to be included hereunder.

(c) Hearing aid batteries

(

51 Rubber fittings being component parts of railway carriages

74(3) (e) Dry battery for torch lights:

(/) Other types of accumulators and

52

batteries;

74(3)

B Telegraphic instruments and apparatus

46-1

and parts thereof imported by or under 73(3) orders of Railway Administration.

47

73(5)

Electrical earthenware '

(a) Insulators, Shackle, Sinclair, Cor- dcaux or Pin type, not otherwise specified :-•

(0 fitted

(it) not fitted

(b) Two-way clcatc

(c) Spacing insulators

Component parts (other than rubber fittings being component parts of railway carriages and articles specified in part ] of this Schedule of Railway Materials, as defined In item No. 74(2) of the first Schedule to the Indian Tariff Act. 1934, namely, such parts only as are defined for the working of the Railways and have been given for that purpose some special shape or quality which would not be essential for their use for any other purpose, Provided that articles which do not satisfy this condition shall also be deemed to be component parts of the railway materials to which they belong if they are essential to its operation and arc imported with it in such quantities as may appear to the Collector of Customs to be reasonable.

(d) Ceiling roses :—

(/) fitted

MISCELLANEOUS

(U) not fitted,

PART HI

(c) Joint box cut-out :—

28

1. Sodium Acetate; Sulphate of Alumina (/) fitted

(rt) not fitted.

48

t 78(6)

Rubber insulated copper wire and cables no core of which other than one specials designed as pilot core, has a sectional area of less than one-eightieth part of a square (neb, whether made with any additional insulating or covering material or not.

(n) insulated (plastic, rubber, paper,

(Iron Free), Chromium Acetate, Hydro- sulphite of Soda; Rangollte C or For- mosul 'L* Sodium Nitrate; Textile Pre- servative; Zesting Agents; Levelling Agents; Penetrating Agents; Scouring Agents; Wetting out Agents; Emulsifying Agents; Mordanting Agents; Turkey Red Oil, Oil and Grease Removers; Textile Oiling Agents; Solvents for Pruning Discharging Agents of Anli Reduction Kier Boiling and Softening Agents;

(a) Hydrosulphite of Soda, Rangoite textile or other materials) cables and wires other than those coming under S. Nos. 43(6)/IT and 45(c)7ll and flexible cords.

C (Sodium sulphoxylale Fromal- dehydc) or Formosul ' L' Boratasul and Sodium Nitrite.

(6) Others.

(ft) Sodium Acetate, Chromium, Acetati

Turkey Red Oil.

73

A Electric Exploders . . ..

48-

1

3

2

1

3

?

(3) Apparatus and appliances not to be 1 '2(c) (c) (I) Cation, Active, finishing agents, Synthetic Resin finishing agents.

(//) Optical Whitening Agents.

(///) Textile preservative (excluding phenol cresol but including their substituted products).

operated by manual or animal labour which are designed for use in an in- dustrial system as parts, indispensublc for ils operation and have been given for that purpose some special shape or quality which would not be essential for their use for any otherpurpose.

(iv) Delustering agents other than

titanium oxide.

(4) Control gear other than electric, self-

n(d)

(v) Anionic softening agents.

acting or otherwise a nd transmission ' gear (other than electric) designed for use with any machinery above specified excluding driving ropes not made of cotton and belting.

(5) Component parts, exluding hosiery 7:

2(3)

needles us defined in item No. 72(3) of the First Schedule to the Indian Tariff Act, 1934, of machinery specified in clause (1) (2), (.1) and (4) above but excluding those covered by Serial No. 68 of T\iri V of this Schedule.

(rf) Wetting out, Penetrating, Dispersing, Scouring and Emulsifying agents, water roofiing agents, synthetic blea- ching agents (other than bleaching powder or hypochloritc), Industrial Enzymes and dyeing and printing agents excluding synthetic resins in any form, solvents used in printing process for textiles and non-ionic softening agents nnd synthetic mor- dants and Textile Oiling agents but excluding Sulphate of Alumina (fron free):

11(6)

0) Wetting out, Penetrating, Dispersing, Socunng and cmulsilying agents.

(//) Industrial Enzymes.

(///) Water proofing agents.

(Iv) Synthetic bleaching agents (other than bleaching powder or hypo- chlorites, hydorgen peroxide etc.)

(6) Machines or parts of machines to be worked by manual or animal labour not otherwise specified and any machines (except such as are designed to be used exclusively in industrial processes) which require for their operation less than one quarter of one brake horse power excluding typewriters and sewing machines and parts thereof and those articles that are covered by Part VI of this Schedule.

5(1

(1), 72(4). 72(33) 72(40) & 72(d) (v) Dyeing and Printing agents excluding synthetic resins in nny form. Solvents used in printing process for textiles and Non- ionic agents and synthetic mor- dants and Textile Oiling agents, Organic sequestering ajjents, but excluding Sulphate of Alu- mina (Iron free).

(W) Sodium Aliginate-

(e) Sulphate of Alumina (Iron free)

(/) Carboxy methi cellulose and its salts.

Zinc Chloride

28(8) and 30(13)

1-A

Dyes derived from coal-tar and coal-tar

1-B

30(0,30(13), 30 (15) and 30(16)

deriratlves used in and dyeing process

46(3)

C o t t on r aw . . . . ..

2

) The following textile machinery and 72 apprataus by whatever power operated when required for textile industries in other than jute and hemp namely :— Blow-room machinery, Carding Engines, Combers (including Silver Lap Machines, Ribbon Lap Machines, Lap Former), Speed Frames, Draw Frames, Ring Frame, Warp and Weft Preparatory Machinery (Winding machine, Warping machine, Sizing machine, Pim winding machine,) Drawing-in-and Twisting in machines (Warp tying machine, Reach- ing-in machines, etc.. Doubling machines, looms (all types), Wool Carding, Spinning and Weaving machinery, Silk, throwing, Reeling. Twisting and Weaving machi- nery; waste Spinning machinery (all types)

46(3)

C o t t on r o p es a nd b a n d i n gs .

3

(a) Cotton healds

4

(b) Wire healds

n 50(4) & 53

(c) (0 Steel reeds

The following articles of machinery not otherwise specified in this Schedule whei required for textile industries other than Jute and Hemp.

(11) Brass reeds.

(1) Prime movers, boilers, locomotive 72(a)

(///) All metal reeds.

(d) shuttles.

(

(/) Pickers

engines and tenders for the same, portable engines (including fire engi- nes) and other machines in which the prime mover is not separable from the operative parts.

(g) Spring buffers

72(b)

(/;) Roller skins;

(/) Sheep roller skins

(//) Calf roller skins

(0 Picking bands

(2) Machines and sets or machines to be to be worked by electric steam, water, fire or other power, not being manual or animal labour or which before being brought into use is required to be fixed with reference to other moving parts :

(;) Picking slicks

(a) Wet processing and finishing

(k) Card clothing and card accessories machinery

(Q Deleted

(6) Plating Stamping, Bundlina, Bal- ing and Reeling machines.

(m) Dobbies

(n) Lags and lattices for dobbies

(c) Others

V0_ 1 CCofI&P/74

3

I 1 1

1 1

3

preserved not otherwise specified and excluding dates :

o) Fancy Doubling machines ( ,p) Card can* (

(i) Fruits, Fresh, all sons, n.o.s.

ejfcluding coconuts,

(/i) Fruits, dried, salted or preserved all sorts, n.o.s. excluding dates.

(r>) Dates

Currents . . . . .. 8(1) q) Dobby harness cleric cords ( r) Heald Cord, neald Kniniiu needles ( Jacquard flirnet,¹., Linen Cords, Jacquard Cards Punching Pmtcs For Jacquard Card, Piano Card Cut ing machines, harness building franif and Jacquard Card Lacing frsuw.

Coffee, not otherwise jpwdfJeo

9

22 a 24 Coffee, canned oi bottled

IJI Shed rods (0 Rubber aprons anil rubbtr cots

9(1) 9(2)

Tea . . ' . . ..

25

la) Grinding rollers dead or trnvarsc 1

9(3)

26

(n) Ring Traveller

Fhe following spices, whether ground or unground, namely i

f") Others

(a) Cardamom, Cawla, Cinnamon

48(c),48(1)

tb) PaPei

27

'(3) 5(2) Component pans

Cloves, all sorts, *beiber ground or 9 unground Nutmegs

9(3)

28

5-A Machine cloth

72(1) & 72(3)

-9(4)

29

6 (a) Warp/Reashel/lacc and welt knitlrig

72(10)

The following unground spices, najnely- (a) Mace (b ) Chillies and ginger BoUlnuta

30

9(5) machines (including hosiery machines and emboidery machines) to be wor- Iced by manual labour and which require less than one quarter of br"ks horse power.

31 Vanilla beans

H6)

32 Grain, not otherwise sptclflfd including broken grains but excluding flour . . . 10 & 10(2) (b) Warp/Raschel/Jace and weft knlitlnj macliines(including hosiery machine* and embroidery machines) v/Mrt> require for their operation one quar- ter of brake horse power or more.

(a) Oats

(") Barley.

(c) Component parts for machinery falling under (a) and (b) above inclu- ding hosiery needles.

(c) (/) Jowar (tf) Others

PART n

Flour, not otherwise specified

33

n

Amtnal", living all sorts

l l ( 2i

Sago Flour

34

2

Sago, Taplcoa flotr . . ..

11(1) & ' i ( i)

35

3

Vrgetables Seed!

.

36

12

4 (a) Caullflour Sea ds

5

(b) Others

6

37 3""di, all eort, not otherwise upotified. •xcluding vegetable seed

7 Fish, maws, Including

Copra or coconut kernel

38

8

39 OH seeds non-essential, all sorts, nol otherwite specified excluding venelable st 9

Rubber seeds

40

Hops

10

Fodder bran and pollards ,

13

Wattle extract . . ..

11

43

44

12

13

45

13(1)

14

46

13(7)

15

6

13(3)

16

13(41

17 Potatoes

49

IS

Vegetable, all s o n s, e*i:''iding p o t a t o ^, frosh dried, Jtcd or nn*m-rved noi other- wise specified . . ..

19

8

20

8

50

21

i

I 2

3

i a

-

51

13(61

O p t a t rt

r i 20(8)

of not less than 80 per cent In quantitj and in value of the above named fruits

13(7)

C i n c h o na b a rk . . ..

52

11

20(9)

E Pineapples, canned . . . .

!4

S3 C a ns a nd r a t t a ns . . ..

15(10-

m

54 Stearine (Glycerine of steralc add)

Canned or bottled provisions, not other- wise specified

55

21, 21(1) 21(4) 21(5) & 21(6)

15

All sorts of animal fats, not otherwise specified, excluding stearine.

56

Provisions and oiknands stores and gro- ceries,al! sorts, not otherwise specified . 21(1), 21(7) 21(8) 21(9) & 21(10).

Wax, all sorts, not otherwise specified excluding parafin wax, micro crystalline wax and dry battery wax, red and black 15

57 Deleted

58 Lard, not canned or bottled

15(1)

59 Bees-wax

15(2)

60

,

(0 Semolina (") Self-raising flour (Hi) Saffron (ft¹) Essences not containing spirit. (v) Chicory (v0 Yeast (v/i) others

Tallow . (a) Mutton tallow (b) other kinds.

80 All sorts of food not otherwise specified 21(2)

61

r- n

(a) Powdered milk and milk food im-

ported In bulk packing

14(6) & 15(11)

(a) Vegetable non-esentlal oik, not othe wise specified excluding palm oil. Tug oil and China wood oil

(b) Palm oil (c) Tung oil also known as China wood

(b) Egg* (c) Other*

oil

81

22

Coconut oil

15(7)

62

63

All sorts of drink not otherwise specified (a) Mineral water and thermal mud (b) others

The following vegetable non-essential oils namely groundnut oil and linseed . 15(7)

82

64

Ale, beer, porter, cider and other fermen- ted liquors

22(1) & 22(2) All sorts of animal oils, not other- wise specified— . . . ..

!S(8" 4 15(12)

83 Wines

22(3) & 24(4)

(a) Neats foot oil and Its supphonated

84 Brandy, Gin and Whisky .

22(4) products

(b) Others

85

22(4)

Canned or bottled bacon hani or i*rd

65

id

Fish Canned

66

16(11 & 16(3]

Isinglass, canned or bottled

Spirits excluding essences containing spirit used for the manufacture of bever- ages, not otherwise specified in this Sche- dule. Deleted

86

67

16

87 D r a gs a nd medicines c o n t a i n i ng spirit Sugar, excluding confectionery

68

22(5)

17

Molasses

17(1,

88 P e r f u m ed Spirit . . ..

69

22(5)

70

89 Bitterss a nd R um

22(5) Confectionery Including chocolate covertures in 1/2 lbs. slabs.

17(2)

(a) Bitters

Sugar candy

(b) R um

!7O>

* D e n a t u r ed Spirit . . ..

22(6) n n C o c oa a nd c h o c o l a t e, o t h er t h an con- fectionery . . . . ..

1*

'-1 \ inegar in casks

22(7)

73 Biscuits and cakes

"2 Oilcakeb . . . .. 23

i n it

Milk foods for infants

74

75

(cj Cotton seed cake . . , {b\ Oilier;

'4* Toba-co roaiiuiacturecS. r.>>i otherwise

'iO .

Vegetables products, piclkles, chutnics, sauces, ketchups and condiments, cannt or bottled.

24

A. James, Jellies and Marmalades, canned

75-.

"4 CI are

.

24(1)

ot bottled

20(4)

95 C A : hri t t es . . ..

24(2)

76 Fruit Juices, Squashes, Cordials and Syrups, not othrerwise specified .

mn,

To "• .:c manufacture

24(3)

%

76-J

07

25

Chlnn ov .

. ..

>P

25(1) & 25(2) \ Juices, either individually or !n mixture, or apricots berries, grapes, pineapples, plums and prunes

20(M

•"

25(3)

77

Salt The tollo.v • ;*l'.ng and engineering n;::ier.-.< . .ncly Ch; jk, Hme and Clay

Tomatoes, pottatoes, onions and cauli- flowers, canned of bottled.

20? 2)

25<4;

Cemtnt, t

100

77-; ^ Fruits, canned or bottled, not other- wise specified . . . .

25(5^

101 Portland ceiie v cxclndmg white Portland cement.

MS) 2W6>

J Asparagus, canned

77-1

Stone prepa>"'l •>> <> .1 Metalling 25(6)

102

77-C

25(7)

103

20(7)

Z Vegetables canned or bottled, all sorts other than tomatoes, potatoes, onions and cauliflowers

Marble and stone. -. i> heraise speci- fied.

5 Canned fruits of the following description

77-1

28

Coal, coke and pstem fuel

104

27(5)

105 Mineral oils, not included in Item N >. 27(4) or Item No. 27(6) of the First Sc'se- mamely — apricots, berries, grapes, plums and pranes.and fruits salads composed of

1

3

2

2

3

1

41(3)

^ o m p h or . . . ..

131 (

31(5)

132 1

dule to the Indian Tariff Act, 1934, which is suitable for use as an illuminnnt in lamps, wick.

106 Mineral Oils :— . . .. 27(7)

Perfumery not otherwise specified :— . (a) Resinoids and Oleo-resin (Balsum), namely : Benzoin, Olibanum, Gal- banum, Labdanum, Oaknoss, Op- ponax, Balsum Peru, Belsum Tolu, Styrax, Orris, Castoreum and Myrrh (a) Which has its flashing point at or above two hundred degree of Fah- renheit's thermometer, and irs or- dinarily used fortho batching or jute or other fibres.

(b) Musk (c) Patchouli leave* (d) Others

Soap not otherwise specified

32

133

32(1)

Soap toilet . . . ..

134

32(2)

Soap household and laundry

135

(6) Which has its flashing point at or above one hundred and fifty degrees of Fahrenheit's thermometer is not suitable for use as an lllumlnant in wick lamps and is such as is not or- dinarily used except as fuel or for some sanitary or hygenic purposes.

32(3)

136

107 Deleted

108

28

109

Amalgams and preparations of Mercury compounds but excluding antifouling compositions and mercury componds. Drugs, Medicines, all sort, not otherwise specified in this Schedule

Polishes and compositions excluding valve grinding pastes and compounds, belt cement and belt dressing :— (a) Leather polish . . .. (6) Metal polish . . .. (c) Car polish (d) Electro plating polish and composi-

tions.

((•) Ohter polishes and compositions ,

28, 28-A 28(21), 28(23), 28(24), 28(25) 28(26) 28(26)(A), 28(27) 28(28) & 28(31)

32(4)

Candles

137

110

33

138

111

28(9)

Glue not otherwise specified excluding belt dressing

33(1)

Gluf, clarified liquid . . ..

139

34(2)

140

Deleted Saccharine (except in tablets) and such other substances as the Central Govern- ment may, by notification in the official Gazette, declare to be of like nature or use to Saccharine.

Fire works specially prepared as danger or distress lights for the use of ships.

112 Saccharine tablets

28(10)

34(3)

Fireworks not otherwise specified

141

113 Alkaliods or opium and their derivates , 28(11)

34(4)

Matches undlped splints and veneers .

142

114

28(1)2

36

143 Hides and skins not otherwise speci- fied :—

Alkaliods extracted from cinchona bark and their salts as such or in combination with pentaqulnoine phosphate.

115

28(14) & 28(30)

Toilet requisite, not otherwise speci- fied,

(a) Chrome splits . . .. {b) Leather splits . . .. (c) Pickled hides skins, belts, splits and

parts thereof.

(d) Others

(a) Sanitary Towels . . .. (b) Dandasa (c) Other toilet requisites nos.

36(1)

144

116 Cinematograph films not exposed

29

117

29(1)

Hides and skins, raw or salted i.— . (a) Hides and skins raw or salted, where value of hides and skins is more than that of wool/hair thereon.

Cinematograph films, exposed Deleted

118

119

(b) Fur skins of leopard, tiger, deer, ra- bit, fox, cat and other wild animals and reptiles skins,

Deleted

Deleted

120

(c) Others

Deleted

121

36(2)

54

122 Plumbogo and graphic

30(5)

P r i n t e r 's Ink

123

30(6)

37

146

L e ad pencils . . . ..

124

30(7)

Skins (other than Fur Skins) tanned dres- sed and unwrought leather. The following leather manufacturers, namely :— Saddelry, harness, trunks and bags.

Slate pencils

125

30(8)

L e a t h er cloth Including artificial leather 37(2)

147

P i pe oil

126

31

37(1)

148

127

31

M a n u f a c t u r e r 's of l e a t h er n ot o t h e r w i se specified :—

Natural Essential oils, all sorts, not other- wise specified excluding pine oil.

128

31(1)

(a) L e a t h er b o a r ds . . .. (fc) O t h e rs

F ur s k i ns dressed . . ..

149

The following Natural Essential oik, namely :— Citronella, Cinnamon and Cinnamon

leaf.

38 39, 87

Rubber, raw and Gutta Pcrcha, raw

150

129

Fire wood . . . ..

31(2)

151

40(D 40(2)

152

Furniture and cabinet-ware and parts, thereof not otherwise specified, excluding mouldings :

40(3)

Aluminium tea chest linings

153

The following Natural Essential oils, namely :— Almond, bergamot, gajupatti, camphor, clove, eucalyptus, lavender, lemon, otto- rose peppermint, nutmett, lime, neroli, canang and dementholished peppermint (ex-mentha arvensis)

154

41

Cork manufacture, not otherwise specified . . . . ..

130 Essential oils, synthetic

31(3)

1 2

3

3

1

2

155

171

• Furniture of wicker work or bamboo and parts of such furniture, not other- wise specified.

42

Prints, engravings and pictures (including : photographs and picture postcards) on paper or card boards

45(2)

172

156

i Writing paper—

44

46(1)

Silk, raw (excluding silk waste and noils) and silk cocoons . . ..

(a) Writing paper other than note, paper, writing pads and envelopes,

173 Silk waste and noils . . .. 46(1)

(b) Note paper.

174 Textile materials, the following :— (a) Raw flax, and all other unmanu- 46(4) 157

44

factured textile materials, not other- wise specified, excluding raw jute.

(6) Raw jute.

175

47 Printing paper excluding poster and sterio and all coated papers, but inclu- ding art paper all sorts, which contain not mechanical wood pulp or in which the mechanical wood pulp amounts to less than 70% of the fibre content.

158

45

Silk yarn including thrown silk warp and yarn spun from waste or noils but excluding sewing thread :— (a) Thrown silk yarn including, Organ- zinc, Tram {i.e. Warp and Weft yarns¹ respectively) but excluding sewing thread,

(b) Yarn spun from silk waste, exclu- Printing paper, all sorts not otherwise specified which contain mechanical wood pulp amounting to not less than 70 per cent of the fibre content excluding white printing paper mentioned in S. No. 44 of Part V of this Schedule.

ding sewing thread

159

(c) Yarn spun from oils, excluding

44

sewing thread

Silk sewing thread

47(1)

176 177 Artificial Silk Yarn and Thread .

47(2)

178 Hand knitting wool . . .. 47(4) (a) Paper, including poster and stero and all coated paper except art paper, all sorts not other- wise specified excluding cigaret- te paper and packing and wrap- ping paper. (b) Filter paper . . ..

179

160

44

Cotton thread other than sewing or dar- ning thread

47(5)

161

Packing and warpping paper Deleted

180

162

47(6)

44(5)

Cotton twist yarn— . (a) Cotton yarn of 80 counts and above (b) Others

Trade catalogues and advertising circu- lars imported by packet, book or parcel post.

181 Cotton sewing thread

47(6)

163 Deleted

47(6)

164 Newspapers, old, in bags and bales 44(7)

Cotton darning thread Twist and yarn of flax or jute

182 183

47(7)

165 Steel pens (i.e. pen holder nibs) .

184

166 Duplicating stencils . . ..

45 and 45(6) 45

167

45 & 45(3)

Fabrics not otherwise specified, contain- ing more than 90 per cent of silk includ- ing such fabrics embroidered with artificial silk

48 (i) Fountain pens . . .. (") Parts of fountain pens .

185

168 Articles made of paper and paper ma- chine, stationery including drawing and

Fabrics not otherwise specified contain- ing more than 90 per cent oF artificial silk

48(1)

44, 45, 45(4), 45(5) & 82(5)

186 Khaki air blue, barathea and other woollen fabrics not othorwise specified suitable for making uniforms and con- taining more than 90 per cent of wool, oxcluding felts and fabrics made of shoddy or waste wool. . .. 48(2)

187

copybooks, labels, advertising circulars, sheet or card almances and calenders, Christ mas. Easter and other cards, including cards in booklet forms in- cluding also waste paper but excluding steel pens, duplicating stencils, fountain pens, & parts thereof, presspahn paper rubber bands prasers and stamps and and rubber band rollers by cyclostyling and paper and stationery otherwise specified

Woollen fabrics, not othorwise specified, including shawl cloth containing more than 90 per cent, of wool excluding felt and fabrics made of shoddy and waste wool and fabrics, specified in Serial No. 186 of this Part of this Schedule. . 48(3)

188

48(2) (a) Printed advertising materials supplied free of charge, (d) Printed advertising material not supplied free of charge,

(c) Others.

Cotton fabrics, not otherwise specified containing more than 90 per cent, cotton (a) Grey, piecegoods (excluding bor- dered grey Chaddars, dhoties, sarics and scarves).

169

(6) Printed piecegoods and printed

45(1)

rabrics,

(c) Cotton piecegoods and fabrics not Standard technical books or books of reference concerning law and legal practice, or for use in connection with medical practice, scientific research or industrial processes.

otherwise specified.

170

189

43(1)

48(4)

Fabrics not otherwise specified contain- ing more than 10 per cent, and not more than 90 per cent, silk.

190

48(5) Books, printed, including covers for for printed, books maps charts and plans, proofs, music manuscripts, and illustrations specially made for binding in books but excluding books falling under Serial No. 169 of this Part of this Schedule.

Fabrics not otherwise specified contain- ing not more than 10 per cent, silk but • more than 10 per cent and not more than 90 per cent artificial silk.

¹

3

2

3 2

204

191

Blankets and rugs (other than flour rugs), excluding blankets and mgi made wholly or mainly from artificial silk

205

Woollen carpet floor rugs, ruffle cloth, shawls and lohis

206

49(4) Khaki, alrblue, barethea ami other fabrics not otherwise specified, suitable for making uniforms and containing not more than 10 percent silk or 10 percent artificial silk, but containing more than 10 percent, but not more than 90 per cent wool.

192

Manufacturers of wool, not otherwise specified including felt but excluding those specified in Serial No. 205 of this part of this Schedule.

207

49(5)

Cotton braids or cords, the following, namely ghorrls and muktakesisl

208

50 Fabrics, not otherwise specified, eon tainlng not more than 10 percent siik or 10 percent artificial silk but contain- ing more than 10 percent, but not more than 90 per cent wool excluding fabrics specified in S. No. 191 of this Part of this Schedule

Jute manufacturers, not otherwlte speci- fied

709

193

50(1)

Second hand or used gunny bags oi cloth made of jute

210 Hemp manufactures . . .. 211

Oil cloth and floor cloth

194

212 Mats and matting not otherwise specified 213

Coir fibre, coir yarn and coir mats and matting

Fabrics, not otherwise specified, con- taining 10 per cent silk or 10 per cent wool DUt containing more than 50 per cent and not more than 90 p"r ceni cotton Fabric*, not otherwise specified, con- taining not more than 10 per cent, silk or 10 per cent, artificial silk or 10 per cent, wool or JO per cent, ootton.

214

51

195

Socks and stockings made wholly oi mainly from silk or artificial silk

ni

Woollen hosiery and woollen knitted apparel that Is to say all hosiery and knitted apparel containing not less than 13 per cent of wool by weight.

The following cotton fabrics, namely r Sateens including Italians of Sateen weave, velvets and valvcteens and embroidered allovers i (a) Italian of Sateen weave (b) velvets and velveteen*. (c) Othen.

216

Fabrics containing gold or silver thread 196

197

Cotton knitted apparel including apparel made of cotton interlocking material, cotton undervests knitted or woveo and cotton socks and stocking!.

49

217

Cotton knitted fabrics

Lace and embroidery . ..

52 and 25(4)

218 219 Deleted

220

52

52

221

Second-hand clothing Water proof clothing!¹ , . .

52 Textile manufactures, the following articles when made wholly or mainly of any of the fabrics specified In Item No. 48(3)(b) of the First Schedule to the Indian Tariff Act, 1934 : Bed Shecto, Bed spreads holster-cases, countterpa- nes, table cloths, tary cloth, bed covers, table covers, dusters, glass clothes, handkerschiefs, napkins, pillow cases, pillow slips, scarves shirts, shawls, cotton socks, towels, umbrella coverings.

52

222 223

190

Haberdashery milinery and drapery Apparel and hosiery not otherwise specified

49

224

52(2)

Uniforms and accounterments pertain- ing thereto imported by a public snrvani foT his personal use

Textile manufactures, being the articles! specified in serial No. 197 of this Part of the Schedule, but being made wholly or mainly of fabrics specified In Iterr No. 48(3)(e) of the first Schedule to the Indian Tariff Act, 1934.

225 Deleted

226

53 and 53(2) 199

49

Textile manufacturers, not otherwise specified, excluding sisal yarn, delivery hose for the trailer pumps, hose made of canvas, impregrnnted with ruhhri and cotton bandings i

(o) Flax house

Textile manufacturers, being the articles specified in Serial No. 197 oi this Part of this Schedule, but being made wholly or mainly of any of the fabrics specified In Item Nos. 48, 48(1), 48(3)(a). 48(4) 48(5), 48(7) 48(9), or 48(10) of the First Schedule to the Indian Tariff Act, 1934,

(b) Linen thread

200

(c) Linen plecegoodn.

(rf) Others

27.7

54 Fents, being bona fide remanantt of plecegoods, or other fabrics of materials liable to duty under Item No. 48(3) of the First Schedule of the Indian Tariff Act, 1934 not exceeding 4 yards In length

Second-hand boots and shoes other than those containing rubber

49(1)(W

201

54

Boots and shoes, not being second-hand other than those containing rubber

54(2)

229 Uppers for boots and shoe* unless entirely made of leather

Fents, being bona fide remanants of pieee- goods or other fabrics of materials liable to duty under Item Nos. 48,48(1), 48(4) o; r 48(5) of the First Schedule to the Indian Tariff Act, 1934. not exceeding 2-1/2 yards length.

55. 55(15). 55(2)

230

202

Hats, caps, bonnets and haptter's ware, not otherwise specified.

49(l)(c)

56 and 55(3)

Fittings for umbrellas, parasols and inn- "hadcs:—

Fents, being bona fide remananti of piece- goods or other fabrics of materials other than those specified In Serial Nos 200 and 201 of this Part of the Schedule of not exceeding 4 yards In length

(0) Umbrella ribs,

(6) Others

203 Ribbons

3

1 2 ]

3

1 2

61(5)

257

56

232

I Parasols and sun-shades

S*(i)

I Umbrellas

233

Imitation gold ,u\A Imitation sllvir thread and wire, lametUi and metallic spangles and article of like nature made of metals orher than gold or qlWer

58

Articles made of stone or marble

234

rx-lotid

258

i Deleted

61(7)

2W Gold plated pen nibs

59

i Tiles, other than glass earthenware

236

oi porcelain tiles

61(8)

260 Articles, other thin cutlery aud surglcbl InstrumeiiQls plated with gold or .illvnr

59

¹ Firebricks . ..

237

Cutlery platni with gold or stiver ,

261

6.(9) 238

61(10)

262 ientJlaiy ami Jewels oliici than those uKute mainly, or wholly of gold or silver

63(28)

263 t'mpty drui.is and barrels returned by Steamship Companies to Oil Companies in India

Building and engineering materials, all sorts, not of Iron, steel or wood, not otherwise specified, excluding tiles other than glass, earthenware or porelaln tiles and fire-bricks not being component parts if any article included in Item Nc 72 of no 74(2) of the first Schedule to the (ndian Tariff Act, 1934.

63(29)

264

Earthware, all sorts not otherwise speci-

239

59(2)

fied

(a) WaterfiHeM and procelain mcrtcrs

and pestles of big sixes,

fiuuiielletl ironware, mo foliowmu (tamely, signboards amd the following articles of domestic hollow-waro, namely Basins, bowls, dishes, plates aud thaU including >ii^:-cups, rice bowls end rice plates.

(6) Others.

70 and 71(.l)

265

59(2)

240 China and porcelain, all sorts not other- wise specified

Chemical oi imitation gold known by any name such as "New Gold" "S'ar Gold" "Orient Oold" etc.

Earthenware pipe and sanitaryware

59(3)

241

70(7)

266 Mercury .

267

71, 71(9) (a) Earthenware pipe (b) Sanitaryware

Tiles of earthenware and porcelain

242

59(3)

Domestic hardwait .And stoves iaade of aluminium and parts thereof (a) Domestic hardware (6) Domestic stoves ind pans thereof

71 and 71(a)

268

(a) Tiles other than broken giazcd tiles (6) Broken glazed tiles.

i. *omestio hardware and scovei noi made if alumlniuro and parts thereof—

243

59(5)

(a) Oumcstic hardware. (/>) Stoves and parts thereof.

71

269 bnarnelled Ironware, not otherwise spe- -Ifiedt—

Domestic earthenware, china and po- lain, the following :— Tea cups, coffee, cups, saucers for use with tea cups or coffee cups, tea pots, sugar bowls, jugs, having a capacity of over 10 ozs and plates over 5-1/2 inches diameter.

(af Enuiiielled iron sulpnoaatlnR pots. (b) EnfcmeUixl Uon b;>th tub*, ic) Otherv

244 Sheets and Plate Glass

60(6) and 60(7)

uardon Uivh othei than prunnlng knives

270

71 and 71(1)

245 Glass tableware excluding glass tumblers 60

271

71, 71(7) and

Glass tumblers

246

60

Metal lamp!, ami part* rif lamps of i)ij,ni\ilum

60

247

nun.

272

Glass bottles and phials (a) Feedings bottles

MeiaJ lanijit. and paiii r.( lamps not made ofaiunilniuin

11, 71(7) and 71(11)

(b) Aeratad water botilw--"Cod type

71

Incandesoont mantles . . ..

273

unly*'

Zip fa"lner6 with Metallic teeth ,

2"'4

71 and 7 (3)

(c) Otbere

6K11) and 71

275

248

60 and 60(8)

Glass and Glasswar*, noi otherwise ipecified, and lacquerred-warei—

(a) Haidwaic, iron monjtery and wx'ls, nil sorw, wot other wise E.pticitie

ii>) Garage Took

(a) Vaccum flasks (6) Heat resisting glassware (c) Others.

276

71(1) 249

60(10)

Bucket* of tin or galvanised Iron and parts thereof.

Glass globe* and chimneys for lamps and lanterns

Safety lazor blades . . ..

71(2) and 71(10)

277

Electric bulb" for torches .

250

60(5)

71(2) and 71(10)

278 Cutlery all norta, not otherwise specified, excluding safety razor blade,".

(") Torch bulbs of voltage up to 3 •* (b) Electric bulbs for torches of voltage

71(3)

279 Metal furniture and "tblnctware and psru thereof

above 3 -8 and upto 6 -5. (c) Prefocuased types of bulb.

2 Ml

Printing typt

71(4) Deleted

251

71(5)

2"l

252

60(3) and 60(4)

Glass bangles, glass beads and false pearles

253

The following printing materials namely, leads, brass tules, wooden and metaJ quoinn, shootinn sticks, gallr.ys and metal furniture.

Precious stones, unset and Imported uncut, excluding diamonds In all forma 61

Deleted

282

Pearls unset

254

61

72(3)

283

Precious stones, unset and Imported cut

255

61(1)

:iets of mats when imported as ttdvertM- ing materials In connection with exposed films

Deleted

23 286/152 THE GAZETTE OF INDIA EXTRAORDINARY [PART I—SEC. T

2

1

3

1

2

3

284

72(5)

299

75(4) Domestic refrigerators and room air- conditioners:— (a) Complete (b) Parts thereof.

Parts and accessories of carriages and which are not mechanically propelled, not otherwise specified, excluding rubber tyres ond tubes, ond articles sqccifkd in Part I of this Schedule

72(27)

Typewriter ribons . . ..

255

300

75(5)

72(26) and 72(27)

286

Cycles (other than motor cycles) impor- ted entire or in sections.

Typewriters and parts thereof, excluding typewriter ribbons :

301

75(5), 75(6),75 (7) and 73(8) (a) Complete . . . .. (b) Parts thereof excluding typewriter

ribbons

Domestic sewing machines, complete 72(6) and 72(1)

287

Parts and accessories of cycles (other than motor cycles) excluding rubber lyres and tubes ond chains but including iron and steel bolts and nuts adapted for use on cycles and also steering tubes crews.

72(6) and 72(11)

2"8

302 X-Ray films . . . .. 77(5) (a) Parts of sewing machines domestic (b) Needles for domestic sewing machines nes

303

) 77(5)

73(4) and 73(13)

289

304

Photographic negatives and printing paper,(not-cxposed)excluding X-Ray film; Films Strits, Slides and microfilms

77(5) and 87 Wireless Instruments and Apparatus, in- cluding Wireless Transmission Apparu- tus etc

305

77(5)

73(1), 73(4) 74(4)

290

Photographic instrument, apparatus appliacnces, other than cinema, all sorts, not otherwise specified, and parts there- of.

306

73(10) and 73(12)

77(1)

Instruments, apqaj-atus nnd aqqlances Imported by a passenger as part of his personal baggage and in actual use by him in the exercise of his profession or calling.

307 Artificial teeth . . . .. 77(3) Components parts of Wireless Recep- tion Instruments and Apparatus, includ- ing all electric valves, amplifiers and and loudspeakers, which are not specially designed for purposes other than wire- less reciption or are not original parts of and imported along with instru- ments or apparatus designed but exclud- ing those mentioned in Part II of the Schedule :

308

78 and 78(1)

tone control.

Clocks and Watches and parts thereof . (a) Clocks (other than time-pieces) e.g. wall clocks with or without pendulum, mantle clocks, marine clocks, electric clocks etc.

(a) Electronic valves, (b) Condensers, (c) Resistances. (d) Potentiometers Volume control and (<•) Loud Speakers. (/) Others.

(b) Parts of clocks, (c) Time-pieces, i. e. one day alarm

291

clock and parts thereof. (d) Watches and parts thereof.

Motor vans and motor lorries imported complete . . ..

. 75

Motor cars including taxi cabs .

75(1)

292

309

79

293

75 (9), 75(10),75 (11) 75(12), and 12A 72(15) and 75(16).

Talking machines and parts thereof and records for talking machines— (a) Complete gramophones, (b) Gramophone needles, (c) The following parts, namely :—

Is.

Articles (other than rubber tyres and tubes, iron and steel bolts and nuts and chains for motor cars) adapted for use as parts and accessories of motor cars, including taxi cabs but excluding those mentioned in Part 11 of the Schedule,

(1) Gramophone motors and parl (2) Sound boxes and parts. (3) Automatic brakes and parts.

, 75(2)

294

(d) The following parts, namely :—

(1) Record changers and compo- Motor cycles and motor scooters : (i) Motor cycles and scooters. (//) Auto-attachments.

nent parts thereof.

(2) Record players and compo-

75(2)

293

nent parts thereof.

(3) Pickup tone arms and compo-

nent parts thereof,

Articles (other than rubber tyre and tubes and chains) adapted for use as parts and accessories of motor cycles and motor scooters except such articles as are also adapted for use as parts and accessories of motor cars.

(e) Gramophone Records of all types, (/) Others.

296

310 Musical instruments and parts thereof, all sorts not otherwise specified.

79 Motor omnibuses ; chasis of motor omnibuses, motor vans and motor lorries.

75(3)

Percussion Caps . . .. 80

75(13)

311

297

312

80 Parts of mechanically propelled vehicles and accessories, not olhewlse sqecified, excluding rubber tyres and tubes ; nd chains and such parts and accessories of motor vehicles, included in Item No. 75(3) of the First Schedule to tho Indian Tariff Act, 1934 as are also adapted for use as parts and accessories of motor cars.

75(4)

298

Save where otherwise specified all articles which are arms or parts of arms within the meaning of the Indian Arms Act, 1878 (excluding springs used for air guns), all tools used for cleaning or put- ting together the same, all machines for making, loading, closing, or capping cartridges for arms other than rifle arms and all other sorts of ammunition and military stores and any articles which tho Central Government may by Notification Carriages and carts which are not me- chanically propelled, not otherwise specified.

1

3 2

1

2

3

corps for the Instruction of their men.

ID the Official Gazette declare to be ammunition or military stores for the purpose of the Indian Tariff Act, 1934 excluding percussion caps.

90(4)

316

313

80(1)

Ornanuntal Arms of an obsolete pattern possessing only an antiquarian value, mosonic and theatrical and fancy dress swords, provided they are virtually useless for offensive or defen- sive purposes, and are intended ex- clusively for domestic, agricultural and Industrial purposes.

Subject to the exemptions specified in Item, No. 80(3) of the First Schedule to the Indian Tariff Act, 1934 ; Flj-e arms including gas and air guns, gas and air rifles and gas and air pistols not other- wise specified but excluding parts and accessories thereof.

Cartridge cases filled and empty .

81

317

314

80(2)

Coral prepared

12

318

Subject to the exemption specified in Item No. 80(3) of the First Schedule to the Indian Tariff Act, 1934.

319 Ivory, manufactured, not otherwise specified

82(1)

320

(a) Barrels, whether single or Double for fire arms including gas and air guns, gas and air rifles and gas and air pistols, not otherwise specified.

Bangles and beads, not otherwise speci- fied

82(2)

(b) Main springs and magazine springs

83

Paint and varnish brushes .

321

for fire urms including gas gun;, gas rifles and gas pistols.

Toilet brushes

83

322

(c) Gun stocks and breech blocks.

(d) Revolver cylinders,

83

323 Brooma . . . . ..

(e) Action (including skcie to and was-

324

83

Brushes, all sorls, excluding paint and varnish brushes, toilet brushes and brooms ; .

ter), breech bolt and their heads, cocking pieces and locks for muzzle loading arms.

(a) Artist's Brushes including Hoe's

Hair brushes,

(/) Machines for making, loading, or closioe cartridges for rifled arms.

(h) Others.

(f) Machines for capping cartridges for

rifled arms.

84 and 84(1)

325

315

80(3)

The following arms, ammunition and military stores :

(a) Arms forming part of the regular equipment of a commissioned or gazetted officer in Government ser- vice entitled to wear Diplomatic, Military, Naval,,. Air Force or Police uniform.

Toys, games, playing cards and requi- sites for games and sports, bird shots, toy cannons, air guns and air pis- tols and parts thereof, for the time being excluded in any part of India from the operation of all the prohibition and directions contained in the Arms Act, 1959, and bows and arrows and parts thereof, excluding rubberballs, football bladders, balloons and toys.

(a) Fishing hooks.

(6) Table Tennis (Ping Pong) balls,

(c) Educational and mechanical toys.

(J) Golf balls.

(e) Billiard accessories including billiard cushions, cloth cut to size, cues,

chalk and tips.

(0 Golf clubs.

(") Roller skates,

(in) Steel fishing rods.

(/v) Skulling exercises (crowing

machchines).

(b) A revolver and an automatic pistol and ammunition for such revolver and pistol up to a maximum of 100 rounds. Per revolver or Pistol. (0 when accompanying a commis- sioned officer of the- Indian regu- lar forces, or of the Indian Ter- ritorial Force or a gazetted Police Officer, or (//) certified by the Commandant of the corps to which such officer belongs or in the case of an officer not attached to any corps, by the officer com- manding the station or district in which such officer is serving, or in the case of a police officer by an Inspector-General orfl Commis- sioner of Police, to be imported by the Officer for the purpose of his equipment.

(c) Swords, for presentation as army or

(v) Rackets for tennis, badminton and squash, provided the c.i.f. value or each without guts is not below Sh. 32, Sh. 22 and Sh. 22 respectively.

volunteer prizes.

(v/) Bats for cricket provided the c,i.

f. value is not below Sh. 35.

(v/i) Air guns and air pistols of the

type used for shooting purposes but excluding toy guns or pistols.

(viii) Bats for table tennis provided the (d) Arms, ammunition, and military stores imported with the sanction of the Ccmral Government for use of any portion of the military forces of a State In India being a unit notified in pursuance of the First Schedule to. the Indian Extradition Act, 1903.

c.i.f. value is not below Sh, 4.

(/) Playing Cards. (g) Others.

(e) Morris tubes andpatent ammunition imported by officers commanding Indian Regiments or or volunteer

i

I

I

1

2

3

32f

85

1(2) and 19(3)

i:

i

327

i Buttons, metal, including button.-; sucl and cufifinka made of metals other than gold and silver. Smoker's requisites made of aluminium i 85(1)

I {a) Farinactcous and patent foods, can- ned or bottled, excluding milk foods for infants and also excluding break- fast foods (wheat flakes, corn flakes, processed oats and shredded wheat) and Pearl Barley.

Mi Smoker's requnities pipes .:nd parts there of. . . ..

85(1)

329

(b) Breakfast foods (such as wheat Hakes, corn flaskes, processed oats and shredded wheat) and Pearl barley Smokers requisites, puns thereof ox- eluding those made of aluminium toba- cco, matches and prpes ,

85(1)

22(4)

13

(a) Cigarette paper in booklet form.

Essence containing spirit used for the manufacture of beverages.

(6) Others

22(4)

14

330

86

• Metallic Ores, all sort, except Orehc.cs and other pigment ores but Including antimony ore, in lump, powder, or con- centrated for .

i Engravings and Pictures (lnciuuing photograph and picture-post cards, not otherwise specified)

ia) Asphalt, excluding Asphalt emul- 27(1)

15

Art, works of, not otherwise specified

331

86(1)

332

86(3)

sions and Oilsonlte (b) Asphalt emulsions, w.) Gilsonlto.

Specimens, models and Wall Diagrams Illustrative of natural science and medals and antique coins. Imported for instruc- tional purposes.

27(2) and 27(9)

16 Wtch and Tar Inciudinu coal tar and coal pitch.

333

86(3)

22<9

17

Specimen!), Model? and Wall Diagrujus Illustrative of natuial of sdenc>ai'd medals and antique coins noi (mrforfcd for instructional purposes

334 Postage' Stamps, -vhether used or unused

86(4)

('0 Trtuislornitr Oil, Initialing Oil, Switch Oil and all sorts of Mineral Oils, not otherwise specified, other than Liquid Paraffin, White Oil Textile Finishing Oil, Textile Fibre Oil and Batching oil for Ffbre.

Brake fiuld .

335

87

Buttons, other than metal .

336

85

ib) White Oil. (c) liquid Paraffin. (d) Textile Finishing Oils, Toxciic Hbre

Empty Gelatine Capsuics .

337

87

Oil and Batching Oils or fibres.

Leather, artificial manufactures of

338

87

27(4)

18

Synthetic Stones . ..

87

339

Kerosene, also any mineral oil other ttian kerosene and motorspirit which has Us flashing point below one hundred degree of Fhrenheit's thermometer.

340 Zip fasteners with celluloid and nylon teeth . . . ..

87

Motor spirit

27(6)

19

27(8)

20

(a) Huiscs other than gram lentils

10

1

(6) Gram and lentiles

Wheat

Lubricating oil, that Is , oil such as l" not ordinarily used for any purpoie other tban lubricating, excluding any mineral oil which ha" Tt" flashing point, below two hundred degrees of Fahrenheit's thermometer.

10(1)

2

Wheat flour

3

11(1)

28 and 28(17)

21

S t a r ch a nd f a r i na . . ..

4

U(4)

Chromium sulphate, chromium chloride and other chroma compound! excluding barium ckromatei ana chromium ace- tate.

5

^,3itjrfllo"ls not falling undec any other

22

28,28(15), 28(18) and 34.

Chrotnosol S. F. Chromoline and other Chrome compounds used for dyeing ol tanning (excluding haruitn, lead and rinc chromates) , . , , 13

Serial No. of thu Schedule. (at Caustic Soda . . ..

13 and 13(8)

6

yb) Other Chemicals,

28(8) and 72(a)

22A

Dyeing and tanuiuy .lUDatunces all sortr, not otherwise specified excluding wattle extracts and the articles specified in S.N. 5 of this Part of this Schedule.

13(3)

7

28(1)

23

Gums, Reilna and Lac, ub scrts, not otherwise specified, excluding olibanum and frankincese.

Bleaching paste and the bleaching pow- der.

15 and 15(9)

28(8) 8

Copper, grean (ferr"us sulphate) ,

24

Greases, all sorts, not otherwise, specified, Including petroleum jellies, paraffin wax and mlcrocryitallino wax.

23 Sulphur : (a) Non-proce""etl ulemonwl/non-ic- 28, 28.(3)

Cod Uver ol)

15(4) and 28(22)

9

fined recovered sulphur.

10

(b\ Proccoied sulphur (all grades*

15(4)

28(4)

26 Soda ash. Including calcined natural soda iud manufactured segquicarbonatos.

18(5)

1515)

27

11

FUh oil including wiialc oil, not other- wise specified, excluding cod liver oil. (a) Sperm oil (W Others. Fish oil and whale oil hardened and hydrogenated .

Heavy chemicals, the following namely, Magnesium chloride.

]

3

3 ! 2

1 2

28 The following chemicals, namely :

W) Raw materials foi pints specified

elsewhere.

(a) Alum (ammonia alum, pot;wh HIUO 28(6)

and soda alum)

(A) Magnesium sulphate ot hydratcd

magnesium sulphate.

29

28 28(7) and 28 (7-A)

The following chemical namely, cud- mlum sulphide, cobalt, oxide, liquid gold for glasi makina, selenium and uranium iijtlde.

(S) Titanium Dioxide. (/) Lithophone. (g) Cuttle fish bouse. (*) Blank flic. (0 Ultramrine Blue If) Caramic Colours. (k) Bronze Powder, (/) Other manufactureO p4iui>, distem part.

varnishes and lacqurern.

(u) Selenium JH<1 selenium dioxide

34 (b) Others

38

> uunpowder toi cannons, riflek, guns

pistols and sporting purposes,

30

39

34(1) Potassium blcrouuie, sodium bictaro mate and chromic acid

28(8) and 2(t(17)

31 The following chemicnis. druEs and medicines, namely •

¹ Explosives namely blasting gunpowder, blasting gelatine, blasting dynamite, blasting roburite, blasting tonito and all other sorts including detonators and blasting fuse.

28(8) and 28(6) 28 (19) 28 (20). 28(29) and 28 (33).

40

35 tind 35(1)

Manures, all sorts. Including animal bones and the following chemical manures :-— Basic, slag, nitrate of ammonia, nluaic of soda, muriate of potash, sulphate of ammonia sulphate of potash, kavnltt salts, carboline, urea, nitrate of lime, calcium canimidc, ammonium phos- phates, mineral phosphates mineral superphosphates i

(a> Acetic, Carbolic. Citric, Hydro- chloric, Nitric, Oxalic, Sulphrulc. Tartaric nnd any other acids ex- cluding chromic acids, anhydrous ammodia, naphthalene, potas- tlum compounds, bicarbonate of soda, borax, sodium cynldc. Sodium Silicate, araenic, calcium carbide, glycerine, lead, rmsnl- slum and Zinc compounds not other-wise specified.

(a) Rock photphate Mineral phosphate

phosphate.

Anti-plague Serum

28(3)

32

33 Aluminium powder and paint

30

(b) Sodium Nitrate, (c) (/) Muriate of Potash

(a) Aluminium powder and pusi e (b) Aluminium paini.

34

H), JOUD, 30(12) and 3<¥14)

(fl) Sulphate of Potash (d) Sulphate of Ammonia. (e) Triple Super Fhosphait;. (/) Other Nitrogenous Fertilisers. U) Others-

41

39m, 39i2). WO), 77 77(2) and 87 Paints, colours and painter's material*, all sorta not other wise specified, includ- ing paints, solution and compositions containing dangerous petroleum within the meaning of the Indian Petroleum Act, 1934, but excluding aluminium powder and paint and sand papers nnd glass papers.

35

Kubber tyres and tubes and other manufactures of rubber, including manu- factures of Gutta Perchu not otherwise specified including ebonite rods, tube* and sheets but excluding apparel and boot* and shoes—

30(2)

Paints, colours and painter's materials, the following I

(0(a) Rubber pressure and vacuum bat, (a) Red, lead, genuine dry, geniunc

ing (for laboratory use) and vaccine caps. (6) Rubber contraceptive*.

moist and reduced moist. (b) White-lead, geniuuc dry, (c) Zinc white, geniune dr>. (d) Paints, other sort*, coloured

moist.

36

30(3)

Paints, colours and painter'* materials the following namely:-—

(li) Giant motor motor cycle Lyies tubes at flaps bicycles tyrei ami tubes and industrial tyres, tubes "nd flaps including solid tyres, bui excluding tractor and off-the-rosd tyres and tubes.

(a) Red lead, reduced dry. (fc) White lead, genuine tnotsi and

(///) Tractor and off the road tyna tubes and flaps, excluding other types of tyres and tuhes and flaps specified elsewhere,

reduced dry or moist. (c) Zinc white, genuine moist. (d) Zinc white, reduced, dry or niolsi

30(4)

37

l/v) Battery containers (v) Rubber threads.

The following paints, colours and painter's materials, namely:—

(W) Ebonite rods tubes ana sheets. (W/) Sectional Air bags.

("ltf) Rubber gloves all sons rtx •—

Barytes, turpentine turpentine substitute and varnish not con- taining dangerous petroleum within the meaning of the Indian Petroleum Act, 1934 :—

(a) Harmless food colours, (h) Water and oil colours

(a) Surgical rubber gloves, (h) Industrial rubber gloves. (c) BlectrlcaJ rubber tflovcs. (d) Other",

(c) Pigment water finishes arm staint

in-) Others.

for leather and shoes.

3

1 2

1

2

3

42

61

61

40, 40(4) 40(6) and 87.

Diamonds unset and imported, uncut, excluding bort and Industrial diamond?

62 Steel helmets. . . .. 63(8)

62- A Radium

70(7) (o) (/) Wood and Timber, all sorts, not otherwise specified includ- ing all sorts of ornamental wood but excluding agarwood. plywood, sandal wood, tagar wood laminated wood and veneer.

63

(//) Laminated wood.

70(10) and 70(11)

(i) Veneers and plywood, sandalwood, agarwood and tagarwood.

(c) Particle wood.

40(3) and 40(5)

42-^

Tho following articles of builders hard- ware, binges, locks and bolts :— (a) Door locks (not pad locks) (A) Suit-case locks . . .. (c) Hinges (d) Deleted

64 Deleted

V Tea chests and parts and fittings, there of, including tea chests containing aluminium but excluding aluminium tea chest linings.

Wood pulp . . . .. 43

43

65

43(1)

43-.

Tho following articles of machinery, not otherwise specified, in this schedule except when required for the textile industries, tea industry, iron and steel production works, electric supply under- takings, mines and quarries :—

A Pulp (other than wood pulp) from vegetable fibres such as bamboo, grasses, reeds and agricultural residues includ- ing pulp of rags and mixture of such pulps.

72(a)

44

44 White printing paper (excluding laid marked paper which contain mechanical wood pulp amounting to not less than 7 % of the fibre contents.)

Cigarette paper . . . .. 44 and 34(1)

45

(1) Prime movers, boiler, locomotive engines and tenders for the same, portable engines (including fire engines) and other engines in which the prime mover is not separable from the operative parts.

A Paste board, mill board, card board 44(4)

"•

and straw board, all sorts.

39(1) and 45(b)

46 Rubber bands, erasers and stamps and rubber bands rollers for cyclostyling

72(b) 72(15), 72(16), 72(17), 72(18), 72(19), 72(20), 72(21), 72(22) and 72(23) (a) Rubber erasers (b) Others

(2) Machines and sets of machines to be worked by electric, steam, water, fire or other power not being manual or animal labour or which being brought into use required to be fixed with reference to other moveing parts.

46(2) and 49(4)

47

72(c) Wool raw and wool tops including wool waste, shoddy wool, and woollen rags

Woollen yarn not otherwise specified 47(3)

48

49 Woollen yarn for weaving and knitting wool, excluding hand knitting wool 47(4)

50 Hair and woollen yarn exclusively used for the manufacture of hair belting 47(8)

(3) Apparatus and appliances, not to be operated by manual or animal labour which are designed for use in an industrial system as parts indispensable for its operation and have been given for that pur- pose some special shape or quality which would not be essential for their use for any other purpose.

72(d)

50(6)

51 Cordage rope and twine of vegetable fibre other than jute and cotton, not otherwise specified.

Apparel containing rubber .

52

52

52(1)

53

(4) Control gear (other than electric) self acting or otherwise and trans- mission gear (other than electric) designed for use with any of the machinery specified above ex- cluding driving ropes not made cotton and belting.

(/) Boot and shoe manufacturing

machinery.

Silk or artificial silk goods used or re- quired for medical purposes, namely, silk or artificial silk ligatures, elastic, silk or artificial silk, hosiery, elbow pieces, thigh pieces, kneecaps, leggings, socks, anklets, stockings, suspensory bandages, silk or artificial silk abdominal belts, silk or artificial silk web catheter tubes and oiled silk or artificial silk.

(#) Cinema Machinery (including Studio equipment and projection and also including sound recording apparatus for the production of cinema films)

53

Delivery hose for trailer pumps .

54

(///) Oil crushing and refinery ma-

chinery.

55

(/v) Petroleum and gas well dril- Hose made of canvas impregnated with rubber

53

ling equipment.

53(1)

56

(v) Refrigeration and Air Condi- tioning Machinery other than domestic refrigerations:—

Rags and other paper-making metarials, excluding pulp thereof and pulps and wood and other vegetable fibre and the mixture of such pulps

Boots and shoes containing rubber 54

57

(a) Packages air Conditioners, other than room alrcondl- tioners.

Building and Engineering bricks .

59(1)

58

(/>) Other types.

Covered crucibles for glass making 59(6)

59

(vt) Sugar manufacturing and re-

Deleted

refinery machinery.

60

__

2

1

3

3

2

1

(WO The following road making, haulage earth moving equip- ments ;—

(a) Wheeled and Crawler

quarter of one-brake horse power ex- cluding typewriters and sewing machines and parts thereof, and also excluding those machines and/or parts thereof which are included in Appendix 35

tractors above 50 D.B.H.P.

(a) Office machines and parts thereof, which are manually operated or worked by power

(/) Hand model type Duplicators (both hand feed and self feed types).

(//) Duplicators, power driven. (///) Other office machines.

(6) (0 Shovels excavators, drage lines and modifica- tions thereof, motorlsed scrapers and Towed Scra- pers, Dozers and Loaders all types off the Highway Dumpera not built on conventional chasis and Motor Graders.

(H) Vibrating soil compac- tors, vibrators, stone cru- chers, stone gronudlators, tar and bitumen boilers- spares, core drilling ma- chines concrete mlxtuers asphalt mixers, motor milk concrete screens, road forms, road tampers, spreaders and finishers, and winches.

(c) Sheep Foot Rollers and

parts thereof.

Office machines provided they are operated by manual labour or power operated such as:— Accounting Machines, Addressing Machines. Book Keeping Machines. Billing Machines. Calculating Machines. Adding Machines. Cheque writing Machines. Letter Scaling Machines. Letter Opening Machines. Listing Machines. Posting Machines. Postage Franking Machines. Cash Registers. Receipting Machines. Stamp Affixing Machines. Data Processing Machines. (Computer system including its peripherals).

5) (4) Others

65(1

(ylll) Acid resisting and cholrine resisting blowers and com- pressors, chclorinic and ucld resisting valves and acid resili- ent parts thereof, chclorine cylinders and valves thereof, cylinder testing equipment and spares and spraying nozzles for chamber plants

66 Automatic Electric control switches

72(4) and 73(1) (/*) Wind mill .

67

72 (x) Machinery required for other Industries and Undertakings

63(5)

72(3) and 72(15)

Components parts, as defined in item N o. 72(3) of the First Schedule to the Indian Tariff Act, 1934, of machinery specified in clauses (1) (2), (3), and (4) above, but excluding those which are covered by Serial No. 68 of this part of this Schedule.

(0 Parts of cinema machinery (includ- ing studio equipment and projec- tors and also including sound recording apparatus for production of cinema films)

(") Parts of Refrigeration and Air- conditioning machinery other than domestic refrigerators.

(//) (a) Spare parts of Machinery falling under S.No. 65 (1—4) (vfl)(b)V.

(///) Parts of machinery when required for industries and undertakings other than cinema and refrigera- tion and also other than spare parts of machinery falling under S. No. 65(1-^)(W/X") and (A)/V.

(/v) Industrial knives

(v) Industrial diamond drill bits, ex- cluding drill bits for oil fields.

65(6)

(1) (/) Printing and lithographic material, namely press-compos- ing sticks, chases imposing tables, lithographic plates made of metals other than zinc, such as Alluminium, Brass Bi-metal Tri-metal, etc., lithographic stones, stereo blocks, wood blocks, half-tone blocks electro type blocks, process blocks, roller moulds, roller frames and stocks, lithographic map rollers, standing screw and hot presses, perforating machines, gold blocking presses, galley presses, proof presses, arming presses, copper plate printing presses, rolling presses, ruling machine, ruling pen making machines, lead cutters, rule cutlers, slug cuttere, type casting machines type setting and casting machines paper in rolls with side perforations to be used after further perforation for type casting, un binding machines, rule missing machines bronzing machine stereotyping apparatus, paper folding ma- chines, pageing machines but excluding ink and paper and sets of mats when imported as advertising material in connection with exposed film Treadle Printing Presses or presses of predominary tradle type and Roller Composition.

(H) Treadle Printing Peases,

Machines or parts of machines to be' worked by manual or animal labour not otherwise specified and any machines (except such as are designed to be used exclusively in Industrial process) which require for their operation less than one

(ff) Roller Composition.

i

²

¹

3

72(3)

l/v) Agricultural Implements, tractor drawn only excluding Sheep Foot Rollers.

12) Component purls as defined ID Import Tariff Item No. 72(3) of Machinery specified In clause (/) above excluding those covered bj wcial No. 6R of Purl V of thw Schedule

i"l Powerdriven agricultural madi- nery excluding Sheep foot Rollers Tractors, Rotary Hiwr nnd Rotary tillers.

72(3)

68

t"0 Parts of power driven agricultural

machinery.

WO Chaff cutters othei than power (a) Rubber Blankets (Including mack- lmosh) for printing press including requirements of cloth processing machines, xiz., printing sanforizing etc.,

driven.

(fc) Rubber hoses required for the Oil

{vlti) Sugarcane crushers.

Industry.

(f) Rubber hoses> tor industrial

and agricultural purposes.

Ux) Ploughs, plough shares and cultivators, other than tractor drawn.

' n Sprayers (other than powei driven

and parts.

(d) Rubber hoses pipes and rubber hoses, n.o.S. and rubber washers for hoiler*

1*0 trusters (other thin powei driven)

Deleted.

69

and parts

(xil) Chaff c uitur knivra

70

72(4)

All types of lifts and elevators (including passengers and goods) component parts and accessories thoreoi

(xUI) Manual or animal driven agri- cultural machinery and parts thereof, not otherwise specified

(/) Complete lifts,

75

72 (9) &nd 7: (32) (tf) Parts of lifts.

Dairy and Poultry Fano equipment, not otherwise ipedfled mil] components parts thereof.

72<6)

Stirrup pumps and Trailer pump ,

71

76

(a) Stirrup pumps. (h\ Trailer pump*.

7A 72 (11)

72 Deleted,

[a) Industrial Sewing Machines and parts thereof which are manually operated or worked by powsr and require for their operation less than one quarter horse power.

72(7)

73

72 (1), 72 (B) and 72 (15).

(ft) Industrial Sewing Machines and part* thereof whicn are worped by power and require for their opera- tion one quarter horse power and above.

Water-lifts, augui mills, augai ccntri fugals, sugar-pug mills, oil presses and parts thereof when constructed so that they can bo worked by manual or animal power and pans for boiling sugarcane juice)—-

(c) Needles for all industrial sewing

(") Sugar juice boiling pans

machines . . ..

72(1). 72(B) and 7?(l5).

(b) Others.

Air raid siren*

. ..

77

73 and 77

74

7>

78

'2<(j). 72(29), 72(30) and 72(31)

Electrical Instruments, apparatus, and appliances, not otherwise specified, In this Schedule (excluding telegraphic and telephonic) and parts thereof not other- wise specified.

(/) Hearing-aids and parts thereof.

(U) Electric cooking raDges and ele- ctric cookers, all types and parts thereof

("/) Tape and wire recorded, all sorts

and parts thereof

(/v) Public address equipments and

parts thereof:— (1) Amplifiers. (2) Loudspeakers. (.1) Pres- ure or driverunits (4) Horns (5) Microphones If) Heating elements.

me following Agricultural Implements, namely, winnowers, threshers, mowing and reaping machines, binding machines elevators, seed and corn crushers, chaff cutters, root-cutter's ensilage cutters, house and bullockgcar ploughs, cultivators, scrafiers, narrows, cold crushers, Seed drills, hayteedcrs, hay presses, potato-diggers, late* apouts, spraying machines, power blowers, white-antlextermlnlnatlng mac- hines, pestpulders, broad cast seeder* com pickers, corn sellers, eulti-packers, drag scrappers, stalk cutters, huskeft and shredders, potato planters, lime iocrs, manure spreaders, listers soil graders and rakes, also agricultural tractors, also component pain of these¹ Implements, machines or tra^ors, pro- vided that they can be readily fitted Into their proper place In the Imple- ments, machines or tractors for which they are imported and that they cannot ordinarily be used for purposes uncon- nected with Agriculture—

(vi) Rectifiers and ba.tiur> chargers

and parts thereof.

(/) Wheeled and Crawler Tmcwn upto and Including draw bat Horse Power .

l") Rotary hose and Rotary TtUere.

itfl) Household Electric Machines & Appliances all sorts n.o.s. scuh as vacuum Cleaners, Washing Ma- chines, Hair Dyers, Shavers, Hair Clippers. Food/Drink/juice Mixers Pxtactors. Water (U) Spare parts for agricultural trac- tors and for tractors drawn agsi- cultura) Implements.

1

2

3

3 2

1

7W3>

91 Furniture tackle and apparel, not other- wise described for si cam sailing rowing and other vessels

Heaters, Room Heaters, Electric Irons, Electric Kettles, Percola tors, Hot Plates, Boiling Plates, Coffee Grinders nnd the lik> ani* parU thereof.

92

77

(v/7i) Vain and Cloth testing uuidiincs Including other types o<" textile testing machine*

Instruments apparatus and appliances nnd parts thereof including cinemato- paphic and part* thereof othff than electrical but excluding artWw othci wise specified in the schedulir:

I/JC) Others

(") Water melon,

(ft) Leader ilm"

73(9)

79

{c) Wcighins tfiachines nnd parts

therof.

X-ray (Diagnostic tberapy ) and eieuro- medlcal apparatus and parts thereof a.o.8. Including ultra violet and infraied lamps for medical treatment.

id) Yarn cloth testing machines in-

cluding Lap testing machines Delected

80

(") Gas masks and refills.

81 Deleted

(0 Geometry Boxes and component

thereof.

74)1)

82

(#) Surveying and Mathematical Tramcars and cunip .-jncnis parts and accessorici thereof euludhg articles ipetffled in Part T of this Schedule.

instruments, the following namely :

(1) (a) Reversible level with staD

83 Delated

Ib) Dumphylevi:) complete

with stand.

Deleted

84

ic) Indian pattern level com-

Deleted

85

plete With stand,

(2) (a) Side rules

75 and 75(4)

86

(l>) PriNmatlc compass.

(r) Cinometer and othor ma- Conveyances noi otherwise specified and component parts and accessories there of excluding articled stxidnVo in Part I of this Schedule:

gnetic compasses.

(/) Auto rickshaw*

Id) Drifting machines

(tf) Trailers, all type* lucludinu tipp-

ing trailers.

(*t) Plane Table equipment ordinary and TecVomotsic

(/) The obollticj

W Otheri-

(/) Fire Extinguishers.

(tf/) Peramulators and parts thereof ''") Specialized vehicles (conventional vehicle chasls on which special type of bodies or machinery/equV ment have been mounted n.g. Tipper of Dumper, Fire fighting vehicle, X-ray vehicle. mobile workshop recovery vchlclo, well drilling vehicles. Truck mounted Cranes),

iv) Others

76

87

',,') Fire fighting equipment other than fire extlnguj- •Jhers, fire fighting hose and ladders (only such of those articles as are classified as instrument* and apparatus under this S. No. will be included) Aeroplanes, aeroplanes parts, ucioplane engines, aeroplane engine pan; nui rubber tyres and tubes usod VICIUKIVCIV for aeroplanes.

it) Presjurfi gauges.

(/) Deleted.

88

(TI) Micro Erodrum bearing

Aids.

(>i) Others

93

72(2), 77(4). 77 (6) and 77(7).

Optical, Scientific, Medical tncludlrty Surgical or Dental Instniments, equip- ment and appliances and part-t thereof n it made of rubber. .

All manufactured articles and mate ta s used In air craft construction and boots drawings, diagrams, Illustrations and any other technical publications Impor - ed for the purpose of maintenance, re- pair and overhaul of aircraft, aero-englD- es and their Instruments and equipment; provided that nothing falling under this description shall be deemed to fall un-irj- other Serial No. of thl" Schedule

94

89

76(1)

¹'i*i and 77(7)

Optical Scientlflc, Medical Including Surgical or Dental instruments equip- ment and appliance; and part" therrof made of rubber!

fa) (/) Goggle*. *un-elas"ev g ]a re

glasses.

Ships and othci TKSSCIS fci Inland ano harbour navigation including steamers launches, boats, and frigates imported sndre or In section provided that articles of machinery as defined in Item No. 72 or No. 72(3) of the First Schedule tr> the Indian Tariff Act 1934 shall when leparately Imported, not be deemsd to be Included her"undcr.

(<0 Plastic frames Including sides and tronts thereof when lu,- fiorted separately and lue^ta- clei with plajtic fratties.

L i g ht s h i p* . . ..

90

76(2)

1

2

3

1

2

3

(///) Lenses including bifocal

101

-E C h l o r i de m o u l d i ng p o w d er

87

blanks.

102 C r e s o i - f o r m n l d c h y de m o u l d i ng p o w d e rs 87 (;V) Rough blanks other than

bifocal blanks,

Curled r o pe hair . . . ..

103

87

104

(v) Raw optical glass in the form of plates, slabs and moulded blanks for lense.

61, 72(5) and 87

Diamonds Industrial, natural and Syn- thetic, in all forms including diamond grit and powder

105

61, 72(3), 87, 40(4) ancf 40(7) (b) Metallic frames Including sides and fronts thereof when im- ported separately, and spectacles with metallic frames.

Fiberboards (e.g. hardboards and in- sulating boards) ex-cluding plywood and valcanised fibre sheets.

106

87 (c) Other optical instruments, equip- ments and appliances and parts thereof.

Gas black, thermatomtc black, accety- lene black and carbon black also includ- ing lamp black

107 Glass substitutes—

87

108

21(3)

i

(d) Scientific and medical Including surgical instruments, equipment and appliances and parts thereof made wholly/mainly of rubber and/or made wholly/mainly of glass including laboratory/glassware.

Glucose powder (excluding any hydrous Dextrose and Glucose powder packed in small containers of lib or less) and Glucose other sorts: (a) Liquid glucose. (b) Others.

109 D e l e t e d.

(t) Medical including Surgical inst- ruments, equipment ana applian- ces and parts thereof not made mainly of rubber and not made, mainly of glass.

110 N i c k el C a t a l y a st . . ..

87

111 Phenol formaldehyde moulding powder 82(3)

112

(/) Scientific instruments, equipment and appliances and parts thereof not made mainly of rubber and also not made mainly of glass.

87

(a) Phenol formaldehyde resinous sheets, tubes, rods and other materials.

87 (f) Microscopes and accessories and . .part* thereof Microscope slides and cover glasses, Brinell's microscope and parts thereof.

(A) Laboratory balances and weights

(/>) Thermosetting synthetic resin bonded lamlnatedsheets; tubes, rods and other materials with paper or fabric base.

and parts thereof.

(c) Copper clad laminates whh paper 87

phenolic base

(/) Clinical Thermometesra.

113

87

Acrylic plastic moulding powder, sheets, rods and tubes

(/) Dental Instruments, equipment and appliances and parts thereof not otherwise specified.

113-A Polyvinyl chloride-plastic sheets 72(4)

95

(unsupported)

Rubber balls football bladders, baloons and toys

113 B Polydichlorstyrene resin .

87

113-C Polystyrene

87 (a) Tennis balls. (6) Squash balls, (c) Others.

113-D Polyvinylaccetate resin powder — 87

96 Arts, the following works of

86(2)

113-E Polyvinyl butyral resin .

87

U3-F Polyvinyliuenechloride .

87 (1) Stationery and pictures intended to to be put up for the public benefit in a public places and

113-O Polyvinyl formal and polyvinyl Acce-

87

trol

87

113-11 Polyvinyl chloride resin powders

87 (2) Memorials of a public character intended to be put up in a public place, including the materials used or to be used in their con- struction whether worked or not.

113-1 P.V.C. composition including mould- 87

ing powder

97 Artificial horn manufactured from ren- netcasein

. . ..

113-J Polyethylene moulding powder

87

Asbestos raw . . . ..

98

87 Deleted

99

113-K Polytera Fluarocthylene Resins (filled, unfilled or pigmented) and products thereof

Delete .

100

Pyrotechnic aluminium

114

87

101

87

S t e r o eo flongs

. . ..

115

87 Cellulose Acetate flakes, moulding Po- wders and sheets

116

87 10k A. Cellulose accetate butyrate nnd cellu-

Synthetic resins, all sorts, n ot otherwise specified—

lose accetate pronate

(0 Phenolic, Urea Mclamlne, Alkyds

B Deleted

10M

und Maleic resins.

10H C Cellulose accetate film scrap

87

(//) Synthetic Ion Exchange Resins .

101-]

0 Cellulose Nitrate films sheets, rods and

tubes

87

(///) Polyvinyl Accetato resins Poly- vinyl Alcohol, Polyvinyl chloride

1

3

2

3

1 2

(xvili) Ashmood oars,

acrrylate and their copolymcrs in emulsion and/or dispersion form

(xix) Manufactures of wood other than

ashwood oars.

(xx) Don nuts.

(iv) Syntheic resins, ail sorts, n.o.s. other than those covered by S. No 116{i) V. and 116 (i7)V . 116(li)v

(xxl) Mica.

(xxt!) Feathers.

87

117 Textile Printing Dies . . ..

(xxttt) Rudraksha beads.

87

118 Urea-form aldehyde moulding powders .

(xxlv) Filter candles.

87

Vulcanised fibre in sheets, rods and tubes

119

(xxv) Plastic moulding powder, not

87

120 Deleted

otherwise specified.

(xxvt) Vanadium Pentoxide.

87

121 Window glass chnncls. . . .

122

(xxvii) Flexite soldering, paste and fluces for gas or are welding, melting and refining metals.

(xxvttl) Corogo nut.

(xxix) Filteraids.

(xxx) Asbestos magnesia lagging.

(xxxi) Asbestos mantle yarn.

(xxxit) Glass mineral, slagwool, Fibre All articles not otherwise specified In 44(6) this schedule except Paper money, 61(2) Silver bullion and silver sheets and 'lates which have undergone no process of manufacture subsequent to rolling, gold bullion and gold sheets and plates which have undergone no process of manufacture subsequent to 62 62(1) 62(2) rolling, current coin of the Government 63(3) of India Silver coin, not otherwisespecifl- cd and gold coin

glass and products thereof.

(xxxill) Glass tinsel powder.

vise

(0 Plastic materials not othen

(xxxlv) Wall Plug all sorts (non-electrical)

with cementing materials, n.o.s.

specified,] (U) Fluorspar

(xxxv) Decex oil proof compound

Fullers

(xxxvl) Cailoring chalk.

(///) Bleaching earth (such as Earth Fulmcnt, Tonsil etc.)

(xxxvll) Calcium carbonate activated e.g., (/v) Looking glass.

"Wiennofil" etc.

(v) Vulcanised fibre suitcases, trunks

(xxxvllt) Boiler compound (Anti scale com- and bags n.o.s.

pound)

(vO Water proofing composition

(xxxtx) Embroidery ring frames.

(xl) Etching powder.

(xll) Gypsum alabaster.

(vil) Films made from transparent cell- lose or Viscacella, Royasine, transparent cellulose wrapping and other transparent paper.

(xlll) Laboratory were made of sillica.

(v/W) Snap fastners.

(ix) Cryolite.

(x) Casein.

(xtlil) Silica were equipment for sul- phuric, hydrochloric and nitric acid plants and ceramic equipment for chlorinlc plants.

(JC/VQ Sllllcon.

(*0 FU^ stones. (M) Plastic based adhesive tapes including cellulose adhesive tapes.

(xlv) Petroleum Cok

(xlvi) Kapok.

(xtil) Enamelled frits. (xlv) Staple fibre tops and other syn-

(xhii) Negative collodion and iodzer.

thetic and protenous fibre tops.

(xlvttl) Kamandalu.

(xv) Staple fibre including synthetic

(xllx) Sanping foils (film-based).

protelnous cuts fibres,

(/) Yeast food and yeast culture.

(11) Others.

(xvO Deleted. (xvli) French chalk.

H-lCCofT&E|75

PART VI

MACHINE TOOLS

1

2

3

1

3

2

12 Moulding machine and other machinery for foundry use, diecasting machines and magnetic separators.

All machine tools of the following types including any standard equip- ment or ancillary machinery usually supplied therewith .—

13

1. Milling, diesinking, engraving, kcyseat- lng broaching, oilgrooving, splinning, profile slotting and marking.

Hydraulic presses, and other machinery for the production of plastic blocks and plastic mouldings (such as bakelite and other cellulose products).

2

14

Metalcutting cold saws, back saw mach- nes filling and sawing bandsaw machines, cutting of (tool and abrasive)

Sheet Metal Working machinery (other than hand power types) including shares, punches, presses, benders, brakes, guil- lotines, plates straighteners and rollers.

3 Testing machine for mechanical Work- shop and engineering laboratory use.

15 Automatic bar and chucking machine single and multiple spindle.

4

Gear cutting.

16

Grinding (excluding small electrical bench and portable grinders up to 10" Wheels and penumptic grinders) hening, polishing and lapping.

17 Shaping, slotting and planning.

5

18

Drilling (ether than portable electric or portable pfcJ*umatIc)

Vertical boring, and turning mills, hori- zontal boring and jig boring.

Capstan and furret lathes.

6

19

Lathes, general.

7

Special and standard machines, particu- larly used in railway work shops, but not otherwise specified.

8

20

Furnaces, electrical, coke, coal, gas or oil fired excluding cover, mufflerings and stand for titling furnances.

Oxygen cutting, oxy-accetylene generat- ing plant for welding and cutting and electric welding.

9

21

Forging, power hammers, drops tamps and riverting other than portable hand- riverers.

Wood-Working machinery, other than hand worked or small home craft types.

10

22

The appropriate

Wire drawing and forming, rolling mills (other than jewelers), bar reeling and ' barturning

item.

11

Lathe chucks, magnetic chucks (electric and non electric), drill chucks rotary tables, dividing heads, tool post grinders milling and Indexing attachment and machine vices.

Thread forming, cutting, rolling or mill- ing.

SCHEDULE II

{see Clause 3)

OFFICERS COMPETENT TO GRANT IMPORT LICENCES

Alloys.

1

For any goods

8 A Deputy Assistant Iron and Steel Con- troller.

The Chief Controller of Imports and Exports.

9

.2

covered by Part I.

A joint Chief Controller of Imports and Exports.

Controller of Imports and Exports, New Kandla. (in so far as Kandla Free Trade Zone is concerned).

to VI of Sche-

3

dule I.

10

A Deputy Chief Controller of Imports and Exports.

A Controller of Imports and Exports.

4

Deputy Development Commissioner (Imports and (Exports) Santa Cruz Bombay, (insofar asSantacruz Export Processing Zone is concerned).

5

11

Any Officer authorised by the Central Government for any goods described In Schedule I.

For Iron and

A Deputy Iron and Steel Controller.

6

Assistant Development Commissioner (Imports and Exports), Santa Cruz, Bombay (In so far as Santa Cruz Elect- ronics Export Processing Zone, Bom- bay, is concerned).

• Steel andFerro

An Assistant Iron and Steel Controller.

7

SCHEDULE in

(See Clause 4)

APPLICATION FEES

The following fees shall be leviable in respect of the application

for an import licence.

Amount of Fee Serial Particulars No.

(3)

(2)

(1)

Rs. 50.

1 Where the value of goods specified in application does not exceed Rs.

50,000/-

2 Where the value of the goods specified in the application exceeds Rs.50,000/-

Rupees one for every one thousand or part thereof sub- ject to a maximum of Rs. 5,000/-

iroviaea mat —

(1) The amount of fees payable shall be Rs. 50 irrespective of the value of goods specified in the application, in respect of an application for import licence —

(/) by a small scale actual user for the import of raw mate-

rials, components and spares ; or

(//) by an actual user In respect of any unit in the Kandle

Free Trade Zone ; or

(Hi) by a registered exporter, under the import policy for

registered exporters ; or

(iv) by units locted in SantaCruz Electronics Export Proces-

sing Zone, Bombay ; and

(2) The amount of fees payable shall be Rs. 5/- irrespective

of the value of the goods specified in the application, in respect of—

(0 application for the grant of subsidiary licence, or (it) application for the grant of duplicate licence, or (Hi) application for the grant of split-up licence i (3) the amount of fees payable shall be Rs. 10/- irrespective of the value of the goods specified in the application, in respect of —

(i) appeal to the C.C.I. & E. against any decision by a

licensing authority on an application of review.

(il) review application to the C.C.T. & E. against a decision on an appeal.

(Hi) application for transfer of R.E.P. licence made by an eligible Export House under the import-policy for Registered Exporters,

1 2 3

Provided further that no fees shall be payable in respect of,—

(aa) any application for an import licence for any goods (other than a vehicle) if the import of the goods is re- quired by an individual for his own personal use not connected with trade or manufacture ; or

(bb) any application for an import licence from a news- paper establishment for newsprint for a value covering a quantity of not more than 40 tons.

For the purpose of collection of fees the following instructions

are for general Information

(/) Fee should be deposited, in cash at an Government Treasury or Office of the State Bank of India or the Reserve Bank of India, transacting the business of the Central Government, for credit to the Central Govern- ment under a separate head "Import Licence Applica- tion Fees" subordinate to the major head (104—Other General Economic Services. The treasury or bank receipt must show the name of the Department viz,. Import and Euport Trade Control Organization", and particulars of the application for the grant of Import licence, namely, description of goods for which the licence is applied for with their value, and the licensing period, in the column; full particulars in the Challan form T.R, 6 and must be attached to the application before submitting the same to the proper authority. The application also must contain details of the treasury receipt under which tho requisite fee has been deposited,

(ii) No application will be entertained which Is not accom- panied by such proof of payment of the fee prescribed under this order.

Note —Applications for refund of Import licence application fees will be dealt with in Port Offices, within whose jurisdiction the fee was paid. The territorial jurisdiction of the vrious offices in the Import organisation has been set out in tHe Import Trade Control Hand Book of Rules and Procedure 1975-76. Claims admitted for refund will be prepared in Form T.R. 41 with necessary authorisation by the respective Port Officers and sent to the firm concerned to be presented after being duly signed, at the Bank/Treasury where the fee had been originally paid in.

SCHEDULE IV

(See Clause 12)

1. Notification No. 23 1TC/43, dated the 1st July, 1943,

issued by the late Department of Commerce, as amended.

2. Notification No. 2-1TC/48, dated 6th March, 1948, issued

by the late Ministry of Commerce.

3. Notification No. 4-1TC/48, dated 1st May, 1948, issued

by the late Ministry of Commerce.

4. Notification No. 51-ITC/5O, dated 15th November, 1950

issued by the late Ministry of Commerce.

5. Order No. 5/55, dated 30th June, 1955 issued by the

Ministry of Commerce and Industry.

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

ORDER No. 10/65

New Delhi, the 1st December, 1965

In excerclse of the powers conferred by Section 6 of the Imports and Exports (Control) Act 1947(18 of 1947) and in supersession of the late. Ministry of Commerce and Industry Order No. 11/60 dated the 1st Augut, 1960 the Central Government hereby authorities the Joint Chief Controllers of Imports and Exports, the Deputy Chief Controllers of Imports and Exports, the Customs Collectors and the OflBcers of Customs under the Customs Act, 1962 (52 of 1962), the Iron and Steel Controller, the Deputy Iron and Steel Controller and the superintendents of Police in the Economic Officers Wing of the Central Bureau of Investigation, to make complaints writing in Courts in res- pect of any offence punishable under Section 5 of the said Act.

P. SABANAYAGAM Chief Controller of Imports & Exports

Government of India

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

NOTIFICATION (AS AMENDED)

New Delhi, the 10th November, 1966

No. 12/66.—In exercise of the powers conferred by sub-sclause (2) of clause 10 of the Imports (Control) Order, 1955, the Central Government hereby constitutes the following authorities for the purpose of hearing appeals against the action taken under clause 8 , 8A of the said Order, namely —

(/) where the action is taken by a Joint Chief Controller of Imports and Exports or by a Depaty Chief Controller or Imports and Exports, the Chief Controller of Imports and Exports, New Delhi

(ii) where the action is taken by an authority other than any authority referred to in item (i), a committee consisting of the Secretary (Internal Trado) and two Joint Secre- taries to the Government of India and Diroctar vigilance), in the Ministry of Commerce, New Delhi.

A. C. BANERJEE Joint Secy.

SCHEDULE V

(Clause 11(2) (h))

Description of life saving equipment

Endotracheal tubes; Sengstakcn Tubes; Safety Shunt; Plastic Tracheostomy Tube; Cardinc Catheters; Cardio- vascular Sutures; Foggarty's Cathetera for Embolectomy; Respirators with accessories as—(a) Nebulisers, (b) Wrights Rcspirometer, Haemodialysis units and their accessories as— (a) Dialyslng Membrance Coils; (b) Artery and venous lining tubing use in haemodialysis, (c) Hemopcrfusion Column with subdivision :—(i) Column 4 -5x28 cm. (Wright Scientific) (ii) Packed with activated charcoal 200. (Spcekman, 610, Cocanukacharcoal, Sutcliffe Leigh, Lancashire), (iii) Charcoal coatod with specially developed acrylic hydrogel (Smith & Ncphow Research); (d) Watson Marlow Roller pump; Oxygena- tors with accessories as :—-(a) Filters, (b) Arterial, venous tubing, (c) Coronary Canulae, (d) Silastic tubes for microsurgery; Implantable cardiac Pacemakers with accessories; Portal intermitent positive pressure breathing apparatus with acces- sories; Hydrocephalus shunts; Vascular grafts; Heart Valve prosthesis; Small portable pumps for giving low infusion of anti—cancer drugs; Silver clips applying forceps and clips for use in Neurosurgcry; for long term use intra-artcrial and intra- venous canulae sterile & Disposable; Instruments and implants for replacement of Hip, Knee and other joints for severly crippled and handicapped.

APPENDIX 3

para 8 (2) of Chapter II

APPLICATION FORMS

FORM (A)

APPLICATION FORM FOR ESTABLISHED IMPORTERS

(JV) Indian Customs tariff"

No

1. Name of applicant . .

(v) Value c.i.f. in rupees . ( w) Country of shipment .

6. Where shipment Is to be effe-

c t ed f r om ac o l m t ry m ?. rent from the country in which the goods origina-

t c d) f u ]] s t a t c r a e nt of

Full Postal Address - (/) House/Shop No. . .... , „ , . (li) Name of street road . (Hi) Name of locality . . r r l ll ((>-) Name of State . (v) Telegraphic Address .

of reasons for the same should be given . 7. If licence is claimed on the

b a s is of ) i c c n co i s s u ed in

^Registration No. allotted to Income-tax Verification Ger- tiflcate or Exemption there- from :

the preceding period and/ or quota certificate, give particulars of licence or quota certificate as be- low:—

( 1) Ljcencc/quota certificate

No. and date

(2) Description of goods .

(0 I. V. C. Registration/ Exemption number valid for the licensing period to which the application pertains • • • (fl) Previous I.V.C. ReSn./ Exemption number

(3) Country(s) . (4) c.i.f, value of licence/value in basic year imports in quota certificate .

f) *.n ^ t he 9u o t a. a u-

fffLfl T"!after h⁴'¹,⁹⁶! whether the on-

w W ch 1u o ta certificate is

3, Number and date of treasury receipt showing payment of the requisite fees under the late Commerce and Industry Ministry's Order No. 17/55 dited the 7th December, 1955 as amended from time to time (Treasury receipt to be &f. "imports against attached) attached) . . ..

issued where mad-for use

4 Licensing period in respect

i

of which application is made StoSU&Ste^ ™

5. Particulars of goods to be fur-

nished:—

( a) D a te of establishment of business in India .

(ft) Nature of the concern whether public or Private Ltd. or Partnership or Prorietory or Hindu Un- divided Family concern ( c) N a m es of Directors P a r. t n e r Si proprietor Karta. as the case may be.

nished as shown below:— General Information to be fur- (0 Description : Full details should be given here or appended to application. (It is not sufficient to say chemicals, drugs and mo- dicines hardware, etc., list of specific chemicals, drugs & medicines, etc., desired to be imported should be given). In case of component or spare parts of machine- ry type-writers, sewing

machines, radio etc., names of parts desired to be imported should be specified.

(d) Nature of main business of the applicant (line or lines) in which the app- licant is engaged in busi- ", be indicated by m aJor , n e a a a/ • ?• *

(") Quantity : Net weight, number or any other urdtasthecasemaybe . fifeST^

{HI) Classification under I. T.

in, cycks, radios, etc.,

C. schedule. Part & S. No. This should parti- cularly be completed (po- sltlon being verified in cases of doubt after refe- rence to the I.T.C, licens- ing authority concerned )

should indicate cycles. radios etc Clear indica- tion as to whether the applicant is a nianufac- turer, wholesaler, re- tailer soleagcnt indentor or Commission Agent, be

AFPHNDIX ^—ContU.

Certified that WE w.th bad Office given or any other cate- gory should be given,

at and branches at . . . . . . .. nave foi purpose ol import of fro.n selected as the common basis year and the quota certificate on which tho licence is claimed, is based on the pre- vious import in this common basic year.

(e) Details of branches or ar sociated companies (names and locations)— (/) in India .

(ii) Abroad

Certified that we possess do not possess two quota certifi- cates for Serial No./Sub-Serial No. (to be specified) and declare that we have submitted no other application for obtaining quota licence,

Signature

Name ID block letters

Designation (/) Has any application al- ready been made by the applicant for goods falling under the same serial number or sub-item of serial number for the same period from any country 7 . .. If so give details .

Residential address

Date

(1) Applicants are advised to read the licensing instructions for the current poriod carefully before filling up the application form for the import licence.

(2) Information required against the various items in tho forms should be given legibly and completed in all details to avoid correspondence and delay in the disposal of applications. The licensing authorities have discretion to reject an application If the same Is not complete in all respects.

(3) A separate application should be made for each article under each Part and Serial No. of l.T.C. Schedule and not one application for two or more items falling under different Parti and Serial Numbers of the schedule.

(f) Have any branches or as- sociated companies men- tioned in (e) or any of the gentlemen named in (c) applied for an import licence for import of goods falling under the same serial number or sub item of serial number for the same period 7 If so give details and an affida- vit in the form prescribed in Appendix 8 to this book If the Head Office has submitted one conso- lidated application for one item, please make a dec- laration that the branches have not and will not make application for the same item during the same period to any other licens- ing authority t

(4) Where an application is made for a licence for goods required against an order from the Director General of Supplies and Disposals or from Government Railways, the words 'ESTA- BLISHED IMPORTERS' at the head of the form should be replaced by the words D. G. Supplies and Disposals ' CONT- RACTS' or "RAILWAYS COMTRACTS" (as the caso may bo).

(5) Documentary evidence as asked for~should be sent along

with the application.

(6) Any special reason in support of the application may, if necessary, be explained in a coveriig letter attached to the application.

(7) Application should be signed by tho Proprietor partner or Managing Director of the firm or by any person duly autho- rised to sign such application on behalf of the firm. The posi- tion held by the person signing the application should bo clearly stated.

(a) Whether the constitution or ownership or numc of the firm has under-gone any change or whether tho firm has seccecded to any import quota right of any other firm as a result of division of quota right of the latter, (f so men- tion such changes as have occurred since the incep- tion of business or 1st April 1951, whichever is later, (the information furnished should indicate the date of change and nature of changes)

(8) Any applicant supplying false or incorrect Information maybe liable to have his licence cancelled and in addition may be debarred from tha grant of any import licence in future.

(0 The custom House where the import licence, if granted, will be registered

FORM (B)

S.No. Name of the document

FORM OF APPLICATION FOR IMPORT OF OOODS (OTHER THAN THOSE FALLINO UNOER THE C. O. LICENSING PROCEDURE) BY ACTUAL USERS WHO ARE Nor BORNE ON THB BOOK OF THB DIRECTORATE GENERAL OF TECHNICAL DEVELOPMENT

PART 1

Full details of the enclo- sure attached with tho the application (every copy of the documents should be marked as a true copy and signed be neath by the applicant)

(To be filled in by the applicant for use in the licensing Office)

A, Particulars of Applicant

1. Name of the applicant,

2. Full Postal address i—

I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief I/We fully understand that any licence granted to me/us on the basis of tho statement furnished is liable to cancellation, in addition to any other penalty that tie Government may i npose having regard to the circumstance of the case, if it is found that ay statements of facts therein arc incorrect or false.

(0 House/Shop No. . (ii) Name of street/road

(Ul) Name of locality and city (/v) Name of State

3. Telegraphic address .

4, Address of location of factory APPENDIX l—Comd.

7. Is any branch/associate con- cern of applicant holding an established importer quota for particular item/items co- vered by this application 7 If So, details of quota certificates /established importers licen- ces may bo given.

B. Particulars of applications—

1. Registration No, allotted to Income-Tax Verification Cer- tificate or Exemption there- from —

(i) I.V.C. Reglstration/Ex- emption number valid for the licensing period to which the application pertains

(//) Previous I. V. C. Regis- tration/Exemption num- ber . . ..

2. Treasury rccciot No. and date Treasury receipt to be atta- ched in original)

3. Licensing period in respect of which application is made

4. Where shipment is to be effected from a country diffe- rent from the country in which the goods originated, full statement of reasons for the same should be given

5. Is a letter of authority de- sired ? if so, name of the firm in whose favour it is desired, 8. The Customs House where the import licence, if granted, will be registered

9. Full details of the enclosures attached with the application (every copy of the document should be marked as a true copy and signed beneath by the applicant)

PART II

(To be filled in by the applicant for use by the sponsor-

ing authority and the licensing authority)

1. (0 Name ofthe Industry and the purpose for which the raw materials/compo- nents arc required

(ii) Whether en gaged in select Industry or an in- dustry other than select

(///) If engaged in a Priority

industry, indicate the j. No. of the industry as given in the list of select industries—

2. Description of goods manu- factured . . ..

C. General Information to be fur-

3. Production Capacity .

nished.

1. Date of establishment of

business in India.

2. Nature of the concern, whe- ther Public Company or Pri- vate Company, Partnership or HJDdu undivided family concern . . ..

3. Names of Directors, Partners, Proprietor or Karta as the case may be . ..

4. Details of branches or asso- ciated companies (name and location . . ..

(0 In India . . ..

(") Abroad

5. Has any application been al- ready made by the applicant for the goods covered by this application or for any other goods or for the same period in any category ? If so, give details . . ..

6. Have any branches or asso- ciate companies mentioned in (4) or any of the gentlemen named In (3) applied for an import licence for import of the goods covered by this ap- plication or any other goods for the same period, if so give details . . ..

4. Actual production in the pro-

ceding two years

5. Estimated production in en-

suing year

6. Capital investment

(0 Machinery and equip- ment (details of machi- nery to be attached)

(ii) Land and buildings or

rent of premisses .

7. Registration No. allotted by State Director of Industries .

8. Particulars of raw materials/ components and spare parts to be Imported ;—

items Quantity/Number Value (c.i.f.) I.T.C. S. No.

Items, the import of which Is not canalised through Public Sector Agencies. Items, the import of which is cana- lised through Public Sector Agencies

Note—The applicant should ensure that in respect of canalised

items, the value item wise is invariably indicated.

9. Particulars of licences/ release orders issued and import effected/allocated

APPENDIX 3—Contd.

throtugh STC/MMTC dur- ing the last three periods:—

Description of goods Lio P

encing No. and date crlod and value of licence/ release order

Value (c.i.f.) of goods im- ported/allocat- ed through STC/MMTC

10. Actual sales of the manu- factured products during the preceding year

11. Value of exports, if any, of the manufactured products, during the perccding year .

12. Stocks of raw materials/ components/spares applied for, on the date of the 1st. April :—• (/) Imported . (il) Alternate sources

13. Expected arrivals of the goods applied for on the date of the commencement of the period against lice- necs in hand. .

14.

, Period for which stock and expected arrivals are to last

15. Consumption of the" im- ported material applied for during the 12 months :—

Item Quantity/Number Value

(1) I/We hereby declare that if this licence is granted, the goods will be utilised only for consumption as raw materials/ components or accessories in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

(2) I/We hereby declare, that the above statement are true and correct to the best of my/our knowledtge and belbf. I/We fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other panelty that the Government may impose or any other action that may be taken, having regard to the circumstances of the case if it is found that any of the statements of facts therein are incorrect or false.

Signature

Date

Name in Block Letters Designation Residential Address

PART III

To be filled in by the sponsoring authority in duplicate 1. Particulars of goods recommended :

End use i & Require Z ments in al quantity/

Item 1T< Scrii No.

Value (ci.f.) recom- mended for import

Quantity/ Number recom- mended for im- port

Number as per installed capacity

Require- ments in vaule (ci.f.) as per installed capacity

(3)

(4) (5)

(6) (1)

(2)

Note :—In the case of items the import of which is canalised

through Public Sector Agencies, the value itemswise should be indicated.

2. (a)Whether the applicant is a new or existing unit.

(b) If new unit, whether the industry is included in the list of banned indus- tries

3. (a) Whether the items reco- mmended are liccnsable in consultation with D. G. T. D./D. C. (S.S.I.) or any other tcchlnical authority...

(6) If so, whether the clearance from the con- cerned technical autoh- rlty has been obtained (The No. and date of the reference of the [technical authority may be given).

.4. In the case of items available indigenously whether the applicant has produced evidence to show that in- digenous manufacturer(s) are unable to supply.

5. In the case of items which are being imported by STC whether the STC have ex- pressed their inability to supply the material (The No. and date of their letter may be quoted).

Signature of sponsoring authority

Note :—The sponsoring Authority should ensure that indi- genous clearane from the D. C. (S.S.I.) has been obtained before recommdnding tho application. While ob- taining indigenous clearance , full description of the machinery and the leaflets or other literature, wherever necessary, should be sent to the D.C. (S.S.I.) New Delhi.

*This column should be filled in only whereever necessary

in terms of the import policy in force.

NOTES :—

(1) Applicants are advised to read the licencing instruc- tions for the current period carefully before filling up the Application form for import Licence.

(2) Information required against the various items in the form should bo given legibly and completed in all details to avoid correspondence and delay in the disposal of applications. The licensing authority have dis- cretion to reject application if the application is not completed In all respects.

APPENDIX l~Contd.

REGIONAL AREAS FOR PURPOSES OF ACTUAL

USERS' LICENCES

AREA 'A'

(Applications to be made to ths Joint Chief Controller of Imports and Exports Calcutta). State where factory is located. Bihar, Qrissa, West Bengal, Tripura, Andaman and Nicobar Islands.

AREA 'B'

(Application to bo made to the Joint Chief Controller of Imports and Exports Bombay). Slate where factory is located.

Maharashtra, Madhya Pradesh,

AREA 'C

(Applications to be made to the Joint Chief Controller ol'Im ports and Exports, Madras). State where factory is located. Tamil Nadu.

AREA 'D'

(Applications to be made to tho Deputy Chief Controller of Imports and Exports, Eranakulam). State where factory to located.

Kerala Stato, union territory of Lakshadweep.

AREA 'E'

(Applications to be mado to tho Joint Chief Controller of Imports and Exports, Central Licensing Area, New Delhi) ;— Delhi, Himachal Pradesh, Punjab, Raj as than, Haryana, Chandigarh.

AREA 'F

(Applications to be made to the Controller of Imports and Exports, Rajkot)—Those districts of Gujarat State which were formerly known as Saurashtra.

AREA 'G'

AREA 'L'

(Applications to be made to the Deputy Chief Controller of

Imports and Exports, Panjim, Goa)—

Goa, Daman and Diu, Dadra and Nagar Havcli.

AREA 'M'

(Applications to be made to the Controller of Imports and

Exports, Srinagar)—Jammu and Kashmir.

AREA 'N'

(Applications to be made to the Deputy Chief Controller of

Imports and Exports, Kanpur)—

Uttar Pradesh

AREA 'O'

(Applications to be made to the Deputy Chief Controller of

Imports and Exports Hyderabad)—

Andhra Pradesh excluding the districts of Godawarl East

and West, Vlsakhapatnam and Srikakulam—

AREA 'P'

(Applications to be mado to the deputy Chief Controller of

Imports and Exports Ahmedabad).

Gujarat State excluding Kutch and those districts of Gujarat

State which were for merly known as Saurashtra.

FORM (C)

Licensing Period Code No

FORM OF APPLICATION FOR IMPORT OF RAW-MATRIALS, COMPONENTS AND SPARE PARTS FOR CERTAIN SPECIFIED INDUS- TRIES A9 WELL AS OTHER INDUSTRIAL UNITS BORNE ON THE LIST OF THE DIRECTORATE GENERAL OF TECHNICAL DEVE- LOPMENT,

(This application should be submitted to the Chief Comtro- Uer of Imports and exports through the Directorate General of Technical Development. Three copies should be submitted of which one will be retained by the 'Director General of Technical Development, ono copy will be sent by the D.G.T.D. to the Economic Adviser, Ministry of Industrial Development and tho third passed on to the Chief Con- troller of Import and Exports).

Application for a licence for import of (other than those falling under Capital Goods Licensing Procedure) vide Govern- ment of India, lato Ministry of Commerce and Industry Order No. 17/55, date 7th December, 1955, as amended.

A- Particulars of applicant

(Applications to be made to tho Controller of Imports and Exports, New Kandla)—Kutch of Gujarat State and Now Kandla including Kandla Free Trade Zone.

AREA 'H'

(Applications to be made to tho Controller of Imports and Exports, Visakhapatanm Andhra Pradesh districts of Ooda- wari East and West, Visbakhapatnam and Srikakulam.

AREA 'I'

(Applications to be made to the Controller of Imports and Exports, Pondicherry)—Former French Establishments in India.

AREA T

(Applications to be made to the Controller of Imports and 1. Name of the applicant

2. Full Postal Address :—

(/) House /Shop No. (tf) Name of Street/

Road

{III) Name of Locality (tv) Name of State .

3. Telegraphic address .

4. Address of location of factory . . ..

B. Particulars regarding Indus-

Exports, Shillong)—Assam.

trial Unit

Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland.

AREA 'K'

(Applications to be made to the Deputy Chief Controller of Imports and Exports, Bangalore)—

I. (a) Name of the Industry .

Kanataka.

(6) Name of Product and the exact purpose for which the raw-material is required (preferably the function served by the raw-material in the manufacture of tho pro- duct should be ex- plained.)

APPENDIX 3—contd

2. Description of goods manu-

factured.

3. Production capacity sepa- rately for each store for which different raw material are desired to be imported.

4. (I) Actual production in the last clalondar year. NOTE :If there was stoppage of production for any peri- od indicate the duration of the period and the reasons.

(//) In the case of the un- dertakiDg utilizing non- ferrous metals as raw- material indicate posi- tion of the actual pro- duction mentioned agai- nst (i) above, if any, achieved through assis- tance of raw materials foreign exchange recei- ved from sources other than D.G.T.D.

2. Treasury receipt No. and date (Treasury receipt to be attached)

3. Licensing period in respect of which application is made.

4. Particulars of raw-materials to be imported (To be fur- nished in tabular form en- closed)

5. Particulars of licence issued and imports effected during the last three years.

6. Where shipment is to be eff- ected from a country different from the country in which goods originated full state- ment of the reasons for the same should be given :

7. Is a later of authority desired 7 If so, name of the firm in whose favour it is desired.

D. Spare-parts

5. Estimated production in the

next calendar year.

CIF value of the spare-pan to be imported and their description.

E. General Information on to be

furnished

6. In the case of the industrial undertakings intending to go into production for the first time or in the case of an existing industrial under- taking intending to go into substantial expansion of the production of existing articals of manufacture, indicate.

(0 Value of (a) Imported machinery required

(a) Indigenous plant and machinery required

((/) Value of letter of credit, if any opened for the import of plant and machinery and the date thereof.

(Ill) Value of orders placed if any for purchase of indigenous Plant and machinery

(/v) Exoeptcd date of com- mencement of produ- ction of an existing article of manufacture.

7. Factory No. allotted by the Directorate General of Technical Development.

1. Registration No. allotted to Income tax Verification Certificate or exemption therefrom :—-Also attach attested or photostat copy of the IVC Regn./Exemp- tiou Number.

(/) I.V.C. Registration/ Exemption Number valid for the lilenslng period to which the application pertains :

(") Previous I.V.C. Regis- tration, exemption Number i

1. Date of estibilishment of bu-

siness in India.

2. Nature of the concern whe- ther Public or Private Ltd. Partnership or Proprietary or Hindu undivided family concern.

3. Names of Directors, Part- ners Proprietor or Karta as the case may be.

4. Details of branches or asso- ciated companies (names and location.

(0 In India

(") Abroad

5. Has any application been al- ready made by the applicant for the goods covered by this application or any other goods for the same period in any category ? If so give details . . ..

6. Have any branches or asso- ciate companies mentioned in (4) or any of the gentle- man named In (3) applied for an import licence for Import of the goods covered by this application or any other goods for the same period if so give details.

7. Is any branch/Associate concern of applicant hold- ing a quote certificate E.I. licence for particular item/ items covered by this appli- cation (If so details of such quota certificates/Establish- ed Importer's licence may be given . . ..

APPENDIX 3—Contd.

Tabular form vide. col. C. 4

1. Serial No.

2. Full description of the raw materials should be given.

3. I.T.C. No. and Part .

4. Quantity (Weight No. or/ other appropriate accounting unit

8. Please state whether your industrial undertaking is registered or licensed under the Industries (Development and Regulation) Act, 1951. If so, quote the number of the qate of registration cer- tificate or the licence issued by the Ministry of the Com- merce and Industry and also indicate the name of sche- duled industry .

5.

9. The Customs House where the import licence if granted will be registered.

Value (c.i.f. Rs ) proforma Invoice or other evidence from supplier show- ing the correct c.i.f. vale of goods to be purchased.

6.

10. Full details of the enclosures attached with the application (every copy of the docu- ment should be marked as a true copy and signed beneath by the applicant).

Stocks (quantity) held by the applicant on the date of the import application whe- ther in his own godown, lying with the Banks under the Produce Loans account or anywhere else.

11. Arc you a member of the Indian Standard Institution 7 tion 7

7.

12. Name of the sponsoring Directorate in the D.G.T.D. (1) I/We hereby declare that tho goods for the import of which the application has been made arc not meant for use in tho manufacture of new articles for which a licence has not been obtained under Industries (Development and Regulation) Act. 1951.

(2) I/We hereby declare that if this licence is granted the goods will be utilised only for consumption as raw materials or acces- sories in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

Expected arrivals (quantity) on the opening date of tho import licensing policy pe- riod in which the application is being made against the licence in hand (tho informa- tion should include material to be received which might have been either in transit or ordered or yet to be order- ed against the licences in hand)

8. Quantity and c.i.f. value of imported raw materials/ components consumed dur- ing the last three financial years (Ttcmwise information to be furnished for each year in respect of major items consumed)

9.

(3) I/Wc hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We fully understand thut the licence granted to me/us on the basis of the statements furnished Is liable to cancellation, in addition to any other penalty that the Government may impose having regard to the circumstances of the case if it is found that any of the statement of or facts therein are incorrect or false. I/We hereby declare that the application is made in accordance with the condition laid down in the licence obtained under the Industries (Development & Regulaticn) Act, 1971 and that none of the items proposed to be imported by me is in con- travention of any conditions imposed on me by the said 1 icence,. Date Signature

Name in block letters

Designation

Residential address

NOTE

Quantity and value (ex- factory price) of the produc- tion of end products during the last three financial years. (Information to bo furnished for each item of production and for each year separately for which purpose, the items of production can be classi- fied into board groups, if necessary).

10.

(1) Applicants are advised to read the licensing instruction for the current period carefully before filling up the appli- cation form for import licence.

(2) The information required against the various items in the form should be given legibly and completed in all de- tails to avoid correspondence and delay in the disposal of applications. The licensing authorities have dlscer- tion to reject an application if the application is not com- plete in all respects.

Whether any application or request for enhancement of the quantity of the same metarial applied for in the previous period is pending with Directorate General of Technical Development or C.C.I. & E. and if so the details of the same.

(3) Documentary evidence If asked for should be sent along

with the application.

11. Country of shipment

(4) Any special reasons in support of the application may,

REMARKS

12.

if necessary be explained in a covering letter attached to the application.

Date Signature

Name In block Letter Designation Residential address (5) Application should be signed by the Proprietor, Partner or Managing Director of the firm or by any person duly authorised to sign legal declaration on behalf of the firm, The position held by tho persons signing the application should be clearly stated.

FORM (D) APPLICATION FORM FOR NEW COMERS Deleted

(6) An applicant supplying false or Incorrect Information may be liable to have his licence cancelled and in addtion may be debarred from the grant to any import licence in future.

FORM *£(CG)'

IMPORT LICENCE APPLICATION FOR CAPITAL GOODS

AND ;HEAVY ELECTRICAL PLANT

(Four copies to be submitted)

Part I

NOTE

1. Applicants are advised to re^l the licensing instructions for the current period as mentiAed in Chapter VI of Import Trade Control H.md Book oWules of & Procedure, before filling up the application form. The aplication should be legible and complete in all respects to avoid correspon- dence/delay and rejection.

2. The application should be signed by the authorised rcprc

sentfttlvo of the company.

3. Documentary evidence and supporting documents as asked for and applicable must accoumpany this aplication.

1. PARTICULARS OF APPLICANT

1-1 Name. 1 -2 Registered Address 1 -3 Postal address for cor-

respondence

1 -4 Sponsoring Authority .

1-5 Administrate Minis-

try .

2. NATURE OF CONCERN

2-1 Proprietory/partner&hip/

Private Ltd./publicLtd,

2-2 Whether the underta-

king is registered under the MRTP Act.

2 -3 In case of Limited com-

panies, details of capi- tal structure :

(0 Capital structure .

(II) Authorised, issued

and subscribed capi- tal . ..

(/") Foreign sharehold- ing, if any, and percentage thereof with full particu- lars

2 -4 Names and addresses of of the proprietors/part- ners/Directors

3. PARTICULARS OF THE INDUSTRIAL UNIT

3 -1 Name and location of

the unit

3 -2 Whether an industrial licence or a letter of in- tent has been issued under the industries (Develop- ment and Regulation) Act. 1951.

3 -3 If exempt from lecens- ing, furnish details of re- gistration No. and date with State Direcor of In- dustries/DGTD/Textile Commissioner/Jute Com- missioner/Iron and Steel Controller/other Spon- soring authority , ,

3 -4 If the aplicant is a small scale unit, whether it will continue to remain so after the proposed im- port . . .. 3 -5 Whether approval/licen-

ce granted by the Go- vernment and /or the the foreign collaboration approval contain any condition of export ? If so, furnish details

3 -6 Whether foreign colla- boration, financial and/ or technical is involved arcd, if so, whether it has been approved

3 -7 Manufacturing capacity

Per annum :

Itms of manufacture Licensed Licensed Capacity co- capacity capacity vcrcd by the (existing) (approved) CG flrplicfi- tion on maxi- mum untilisa- sation.

3-8 Whether the articles pro- posed to be manufactur- ed are being imported. If so, furnish if possible the average value of Imports (c.l.f.)

3-9 Whether the articles

proposed to be manu- factured can be exported. If so whether the appli- cant can undertake an export obligation and the extent of such obli- gation in terms of the percentage and value of Production .

4. INVESTMENT

4 -1 Total investment (in land and building and machinery)

Existing Proposed

Land and building Machinery . Total . . ..

4 -2 Value of imported plant

and equipment Existing . Proposed .

Total .

4 -3 Does the va lue of equip- ment proposed to be im- ported exceed the esti- mated value of imported equipment es indicated in the application for Le- tter of Intent/industrial Licence

4 *4 If the answer to 4 -3 is in the affirmative, indicate the percentage and extent of increase and reasons therefor

5 REQUIREMENTS OF IMPORTED RAW MATERIALS/COMPONENTS

7-5 Borrowing from IFC ICICI.state financial Corporations

8. DETAILS OF CAPITAL GOODS APPLIED FOR 5 -1 Requirement of imp- ported raw materials per annum for the cap- city covered by this application .

Item Qty. Estimated Value

8 '1 Whether it is ma-

(CIF)

Total Rs.

chinery machine tools or heavy electrical plant . ..

8 -2 Description ITC Ncta Quantity FOB value Country of in Rs. origin 5 -7 Requirements of imp- ported components per annum for 5 years Item Qty value (CIF)

Total FOB Rs. value.

8 -3 Value of initial spares

(FOB Rs) .

8 -4 Estimated freight (Rs.)

1st Year . . .. 2nd year . . .. 3rd year . . .. 4th year . . .. 5th year . . ..

8 '5 Insurance (Rs.)

6. PURPOSE OF IMPORT

8-6 (/) Total c.J.f. value (8-2+8-3+8.4+8.5) in Rs. .

6 1 Whether the capital goods applied for are for the purpose of: .

(/) New undertaking

(//) In Foreign exchange (HO Rate of exchange used in conver- sion of Rs. into foreign exchange

(it) New article-diver-

sification

("0 Substantial ex-

pansion

8 -7 Agents Commission or procurement fee if any payable in foreign exchange .

(/v) balancing ,

(v) Replacement

(v/) Modernisation

(vrt) Testing

8 '8 Condition of machin- nery whether new secondhand or recon- ditioned. .

(yili) Quality Control ,

(/*) Prototype for

manufacture

(*) Research and

Development

8 -9 Details of connected port CG licences already received/applied for i licences No.; Date; Value; source of financial i sources of Import ,

6-2 If the Import is for

8-10 Whether any further Im-

balancing/replacement modernisation whe- ther It will result In an Increase to licensed, aproved capacity

port of capital goods are envisaged for the project In addition to the Items covered In the present appli- cation

6-3 In case of Import of machines for rep- lacement

9. SPECIFIC INFORMATION ON IMPORT LICENCES

TO BE ISSUED (0 Date of Installation or original mach- ines

9-1 Port of Registration for Clearance of goods

(tf) Arrangements for the disposal of old machines

9 -2 Validity period required for the Import licence 9 -3 Endorsement to avail of concessional rat© of duty under ICT-72-A as project Imports required

40. DETAILS OF SUPPORTING DOCUMENTS/

INFORMATION

7 MANNER OF FINAN- CING OF IMPORT 7-1 Foreign equity. If so furnish full details of financial participa- tion approved, amount utilised and the balance available.

10-1 Original Treasury Rece-

ipt/Bank Certificate a Enclosed No Date Value Rs

7 -2 Investment by non resi- dent Indian Natio- nals . . ..

7 -3 Suppliers credit .

7-4 Private foreign ex-

change loan

10-2 Photostat attested copy of 1VC Registration/ Exemption Certificate <= Enclosed No Date ...Valid upto.. „

10 '3 Photostat/attested copy c= Enclosed

of Industrial Licence/ Letter of intent, Regis- tration Certificate from Sponsoring authority .

10.4 Profornia Jnvoice/othcr a Enclosed

documentary evidence in duplicate in support of goods indicating date of invoice and its validity

10 -5 Copies of Literature c=> Enclosed

pamphlets/SpccificatioA giving complete deta^fc a Not applicable of goods to be import^p

10 -6 Copy of each advertise- <=> Enclosed

ment in ITJ/1ESB Volume.,.. Date

10-7 Tabular statement of = Enclosed

Responses received aga- inst advertisemont/en- quirics

10-8 Original Certificate, from t= Enclosed

Small Industries Services Institute, certifying es- <=> Not applicable scntiality for replace- ment of machinery in . case of Small Scale In- dustries only

10 -9 Chartered Engineer's a Enclosed

Certificate, in original regarding present condi- c=> Not applicable tion of Machinery/Equip- ment to be replaced.

10 -10 If second-hand/recondi- = Enclosed

tioned machinery is to be imported a certificate <=> Not applicable certifying machinery's age. present condition original and present va- lue and probable unex- pircd life from the Char- tered Engineer

10-11 Photostat/attested copy en Enclosed

of Registration certiflcatea

in case of Research c= Not applicable and Development Insti- tute/laboratory register- ed with the Administra- tive Ministry.

10-12 Proforma regarding im- =J Enclosed

port of prototype as per Appcndix-32 of ITC = Not applicable Hand Book 1975-76

10 13 Copies of corrcspon- D Enclosed

denco, if any, regarding efforts made to import Machinery from Rupee payment Area,

10 14 Attested Photostat copies Enclosed

of enquiries made to fo- foreign suppliers and Not applicable their replies where efforts have been made to obtain Blue Prints/Drawing of equipments of machinery sought to be imported

10-15 Documentary evidence

showing Government approval for

(/) Foreign Collabora- Enclosed

ration Not applicble "

(il) Copy of Reserve Enclosed

Bank of India Certi- ficate regarding ba- Not applicble lance available aga- inst foreign equity capital in cash

10-16 (/) Attested/Photostat Enclosed

copy of terms Not applicable conditios of private credit arranged

(//) Statement showing Enclose!

countries of import preferences in case Not applicable of Bilateral/Free Foregn Exchange

'E'(CG)FORM APPLICATION (PART II)

(To be submitted in quadriuplicate along with four copies of application in 'E*(CG) Form for import of Capital Goods by exporter-manufacturers—vide paragraph 145—of

Chapter Vf of the 1TC Handbook of Rules and

8. Whether you have any un- fulfilled export obligation, if so, details should be fur- nished . . ..

Procedure)

1. Name and full address of the

exporter/manufacturer

9, Whether you are prepared to undertake an export obli- gation If so, the extent of such obligation in terms of ; the percentage and value of production .

2. Nomenclature of products manufactured indicating the products being exported .

3. Quantity and value of pro- duction of each of the pro- ducts manufactured in the last three financial years till to date (incomputing the va- lue of production please give both the internal sale value as well as the f.o.b. export value)

10. Whether you have made „ application to DGTD/C &E/Offlce of Development Commissioner Small Sca'e Industries etc. for import of Capital Goods during ihe last 12 months, if so give details of capital goods applied for- Capital goods cleared for import by Government, their value source of finance and whether imports effected In case any application for im- port of capital goods has been submitted against your export performance, please give details therof

(1) I/Wo hereby declare thr.t the above statment are true 4. Quantity and f. o.b. value of export product-wise, for the period as at (3) above (including also the countries to which exported. A state- ment of export in terms of quantity and f.o.b. value made certified by the conc- erned Export promotion Council/Commodity Boards should be inclosed) .

and correct to the best of my/our knowledge and belief.

(2) I/We hereby dccalre that the goods for import of which the application has been made shall be used only for the manu- facture of (Name of end products) and for the capacity licensed under the Industries (Develop- ment and Regulation) Act, 1951 or approved by Government. 5. Increase in future exports as a result of the installation of capital goods sought for im- port over the next five years both in terms of quantity and value

6. Whether any export obliga-

Signature

tion was imposed in the letter of intent or industrial licence; if so, furnish details .

7. Whether the present applica-

Name in Block Letters

Designation tion is connected with any foreign collaboration ; if so, whether any export obli- gatin was imposed in the Fo- reign Collaboration appro- val

Date

FORM 'F¹

APPLICATION FOR ESTABLISHMENT OF QUOTAS OR REVISION OF QUOTAS

1. Name of the firm Full Postal Address ,

(0 House /Shop No.

(//) Name of Street/Road .

(///) Name of Locality

(iv) Name of State .

Description of goods

2.

3. Serial No. and Part of the I.T.C. Schedule

(/) Havo any branches or associated companies mentioned in (d) or any of the gentlemen named in (c) applied fro fixation of quota for goods failing under the same Serial No. or sub-item of the Serial No. If so, give de- tails and the basic year Chosen. Also declare that a common basic year has been chosen

4.

O) Whether the firm or its branches or its as- sociated concerns are in receipt of any im- port licence for the same or similar items as Actual users and if so particulars of such licences should be furnished

Basic Year Currency value

Quota certificate No. and date held on any one or both the currency Areas, e g. S.C.A. and G.C.A. (Quota certificate sought to be revised to be enclosed). If no Quota certificate is held In any of the areas this should be indicated Parti culars of Quota certificate held: Q.C. No. and date S. No. and part no.

Area

5.

(A) Mention the changes in the constitution/name of the concern since inception or 1st April 1951 which- ever is later in the statement below.

Date of change Brief nature of

change

No. and date of communication sanctioning transfer If no quota certificate is held or if the old quota certificate is sought to be revised fur- nish details of past imports in the basic year as the case may bo in the form inclosed alongwith relevant docu- ments. A certified copy of each of the documents duly singed should also be furnished

of quota

6.

7.

General information to be furnished : (a) Date of establishment of business in India] .

Reasons to prove the nece- ssity for establishment or reflxation of quota (if nece- ssary this information may be given in a sopararte statement).

8.

Nature of the do-

cuments.

(b) Nature of the concern, whether Public or Pri- vate Ltd., or Partner- ship or Properietory or Hindu Undivided fa- mily concern

(c) Name of the Director Partners, proprietors or Karta

Full details of the enclosure S. No. attached with the appHca-' tion (Every copy of the the documnent should be marked aa a true copy and signed beneath by the applicant)

(d) Details of branches of associated companies In India (names and location). Furnish name of the Bank in which you have a Bank account together with the number of accounts If any

(i) I/We hereby declare that the above statement are true and correct to the best of my/our knowledge and belief. I/We fully understand that any quota certificate granted to me/us on the basis' of the statement frunished is liable to cancella- tion in addition to any other penalty that the Government may impose having regard J to the circumstances of the case If It Is found that any of the statement of facts therein are in- correct or false

(11) I/Wo possess/do not possess two quota certificate for Serial number/sub-serlal number (to be specified) and declare that I /We havo submitted no other application for obtaining quota certificates for the same serial Nuraber/Sub- Sorial number previously.

Station Signature

Date Name In Block Letters

Designation (e) Has any application been made by the appli- cant for fixacation of quota for goods falling under the same Serial No. or sub -item of Serial No. If so give details, basic year cho- sen and letter No. and date containing the decision of the autho- rity to whom the appli- cation was made with the same set of docu- ments . .

Residential Address

APPENDIX Z—contd.

ANNEXURE TO THE APPLICATION FOR ESTABLISHMENT OF FRESH

QUOTAS OR REVISION OF QUOTAS

STATEMENT OF PREVIOUS IMPORTS

Particulars of Bills of Entry

No. and date e tc

(0 Bil of Entry Cash No. and (duty

Name of stea-

mer by which

imported and

the port of

Entry.

paid) date In respect of Home Con-

Sumption B1L of Entry.

Detailed descri-

ption of goods

as shown in the

Bills of Entry

imported

(if) ID.F. No. and date in the case of

duty free articles.

C.I.F value of

the items

applied for as

shown In the

In-vokx and

accepted by the

customs (Ru-

pees)

Country whence

consigned as

shownin the

Bill of Entry

or place of des-

patch in respect

of imports by

post

Detailed Parti-

culars of rele-

vant licence

against which

imports were

effected Cate-

gory licence

N o. and date

^ value Sr. No.

El/Ad hoc. etc.

(fiO Bond No. and date In respect of bon-

ded good* (ex-bond green bills of

entry not to be takenjnto account).

(") Post parcel 'B' No. and date of

importation.

(b)

Date on Importation

(a)

No. of documents

1

2 3

4

5

6

7

APPENDIX 3—contd.

NOTES:—

FORM 'G'

(a) Imports made in contravention of the Import Trade

FORM OF APPLICATION FOR REVALIDATION OF

Control Rules and Regulations.

LICENCES

(b) Imports made without a valid licence and cleared under

PART A

a warning.

1. Name and full address of the

licensee

2. Licence No. date & value ,

(c) Imports made In excess of the value of the licence and

allowed to be cleared by the Customs authorities on

payment of fine/penalty. Only luch excess will not

quality lor quota fixation.

3. File No. of the licensing authority

from which the licence was is-

sued

(

authorising him to Import goods against a licence

granted to another party.

4. Description of goods

(") Imports made under licences granted against the orders

of the late D.G. (I & S.) (now D.G.S. & D.) or of the

State Railways or of Defence Organisations.

(/) Imports made under licences granted to actual users in

respect of raw matrelals or accessories or other articles.

5. Value for which goods have been

shipped during the Initial period

of validity Including period of

revaluation already availed of,

If any. . . ..

Or) Imports made under ad hoc licences (other than thoso

ad hoc licences which were Issued for Import of goods

for stock and sale purposes only) or licences granted

subject to the express condition that imports thereunder

will not be taken into account in calculating quotas

whether the licences are marked N. Q. O. or not

6. Value for which Irrevocable -

commitment has been made dur-

ing the Initial period of validity

Including period of invalidation

already availed of. If any, (Sup-

porting documentary evidence

should be furnished).

(A) Imports made against C. O. & H. E. P. licences by actual

users or other imports against orders from actual usen.

However, imports made against CG. & H.E.F. licences

for stock and sale purposes will be taken into account

for purposes of calculation of quota only in respect

of S. No. 36/U S. No. 4/III and S. No. 65/V of the

I.T.C. Schedule.

7. Whether first or second or

subsequent request for revallda-

tion (In the caso of second or

subsequent requests, the period

of revaluation availed of earlier

should be indicated)

(0 Imports of goods of no commercial value made under

O.G.L. IV.

8. Reasons for seeking invalidation

(supporting documents to be

furnished) . . ..

if) Imports made against licences granted under the export

promotion schemes avcation schemes or under the

import policy for registered exportcts.

9. Period of re validation applied for

(k) Imports made against "replacement licences."

10. List of enclosure* . , ,

(!) Imports of casual nature e.g. imports for personal use

or Imptors as samples.

(#i) Imports of equipments against licences Issued under the

Irrigation Projects Licencing Scheme.

(Signature with full

name)

(n) Imports made undor licences Issued through Inadver-

tence or mistake or contrary' to rules or provisions of

Imports (Control) Order, 1955, or obtained by fraud or

mucreprcsentation, subsequently detected.

Designation

Relationship

(o) Imports made by an actual user under O.G.L. or other-

wise of goods which were used by the actual user In his

own factory/establishment.

Full address

00 Licences Issued against specific orders from actual users.

Place

(?) Goods which are not cleared for home consumption.

Date

(r) Imports made against licences Issued under National

Defence Remittance Scheme.

(*) Imports made under the concession of lnterchangea-

bility provided to established Importers or others.

PART B

(0 Any other imports which donot qualify for quota under

Recommendations of the sponsoring authority

import policy in force.

PABT C

Action In tho Hcentliia Office

APPENDIX 3—contd.

FORM 'H'

C, General information to be furnished

9. Date of establishment of

Transferred to Appendix 4

business In India.

10. Nature of the concern, whether

FORM I

Public Company or Private Company, Partnership or Hindu Undivided Family concern . . ..

Application form for Established Importers

(Repeat Licensing Schemes)

Deleted.

11. Name of all the Directors, Partners, Proprietor or Karta as the case may be, with their addresses . . ..

12. Details of branches or associa- ted companies (Name and location) . . ..

FORM(J)

(0 In India

(") Abroad

Form of application for a licence for Import of Newsprint for

publishing Newspapers!periodicals

PART IJ

(To bo submitted In duplicate)

(To be filled in by the applicant for use In the licensing Office)

13. Has any application been already made by the appli- cant for the goods covered by [this application or for any oth- er goods for the same period In [any category If so, give details.

A. Particulars of the applicant

A. 1. Name of the applicant.

2. Full Postal Address—

(0 House/Shop No ,

(ii) Name of Street/Road .

14. Have any branches or asso- ciate companies mentioned in [(4) or any of gentlemen named In (3) applied for an Import licence for Import of goods covered by this application or for any_ goods for the same period if so give details.

(/") Name of locality and city

(iv) Name of State .

3. Telegraphic Address .

B. Particulars of application;

15. Is any branch/associate con- cern of applicant holding an Established Importer quota for particular item/items co- vered by this application If so, details of quota certifi- cates/Established Importers licences may bo given .

4. Registration No. allotted to Income tax Verification certi- ficate or exemption there- from:—

16. The Customs House where the import licence, if granted, will be registered . ..

(0 I. V. C. Registration/ Exemption number valid for the licencing period to which the application pertains

(U) Previous I.V.C. Registra-

tion/Exemption number

17. Full details of the enclosures attached with the application. Every copy of the document should be marked as a true copy and signed beneath by the applicant)

5. Treasurey receipt No, and date (Treasury receipt to bo attached In original)

PART II

(To be filled In by the applicant for use by the sponsor 6. Licensing period in respect of which application Is made

Ing authority)

18. (a) Title of the newspaper/

periodical.

7. (a) Country from which the goods are sought to be imported.

(b) Language

(c) Periodicity .

(d) Place of publication

(e) Nature of contents (classi-

fication)

(fc) Where shipment Is to be effected from a country different from the coun- try in which the goods originated, full statement of reasons for the same should be given. .

19. (a) Date from which the

newspaper/periodical Is regularly published

8. Is aletter of authority desired 7 If so, name of theTflrm in vbpae favour it Is desired

APPENDIX l—comd.

(b) Whether it is registered

with the R.N.I.

(i) If so, registration num-

ber allotted. .

(ii) If not, the date on which

declaration was filed/ accepted by District Magistrate etc. .

(c) Date of filing of latest declaration in case a fresh declaration was filed/ accepted by District Magistrate.

(d) Reasons for filing the

latest declaration.

20. Name and other particulars of news papers/periodicals

owned by the applicant:—

23. (1) The total quantity of newsprint allotted and con-

sumed during the previous licensing period:—•

Quantity allotted Quantity consumed

(in tonnes)

(in tonnes)

Imported Indigenous Total Imported Indigenous Total

(2) In case more newsprint than what had been allotted for the period was consumed, the source(s) from which the addi- tional quantities were procured should bo indicated

24. Details of printing machinery 1

(1) Type of printing machinery used (Rotary, Flat bod, letter press, etc.)

Title of paper

Language and

Periodicity

Place of

Publication

(2) Name of printing press (with full postal address) where news- paper periodical printed

Whether

getting

newsrprint

through Govt.

1

3

2

4

(1

(2)

(3)

(4)

21. (1) Particulars of circulation etc. per publishing day during

the previous licensing period:—

(a) Average number of copies printed . . ..

(b) Average number of copies

sold

(c) Average. number of copies distributed free (this would include complimentary, voucher, exchange, bonus sample and office copies).

(d) Average number of unsold returns and other copies prin- ted but neither sold nor dis- tributed free)

(e) Average number of pages

(/) Average area of one page of Newspaper periodical (In square centimetres)

(2) Actual number of days of pub- lication during the previous licensing period

(Detailed Information about circulation, number of pages, page area and number of publishing days during the previous licensing year may be given in the form appended as Schedule to this form)

22. Sample copy of the issue bearing the date of 1st, April of the current year or the date nearest to it should be sent along with this application,

(3) Whether the printing press is

owned by the newspaper periodi- cal . . .. (4) Size of reels sheets used for the

newspaper periodical

25. Particulars of circulation etc. on which newsprint is required

for the current licensing Period :—

(1) Average circulation expected to be achieved during the current licensing year

(a) Average number of copies proposed to be printed

(£>) Average number of copies

expected to be sold. . (2) Average number of pages pro- posed to be printed during tho current licensing year

(3) Average area of one page of newspaper periodical (in square centimetres) . . ..

(4) No. of issues proposed to brought out during the current licensing year

26. Particulars of newsprint to be imported.

Item and I.T.C.S.

Value (ci.f.)

Quantity in tonnes

(in Rs.) No.

27. Last licensing year In which application for import of

newsprint was made.

28. Particulars of licences issued and imports effected during the last three periods, (if no licence was issued during the last three periods particulars of the last licence issued and imports effected against it.)

Value (cl.f.

Liecesing Period No. and date

and value of

Description of of goods im-

licence

of imported goods

ported

APPENDIX 3—contd.

29. Stocks Expected arrivals against

Licences, c.if. allocations

Nepa Printing & Writing

paper authorisation

1. I/We hereby declare that If this licence Is granted the goods

will be utilised only for printing of the Newspapers periodi-

cals for which the same is applied for and no portion there-

of will be sold or permitted to be used for any other

newspapers) or for any other purpose.

Total

Against

current

year quota,

Against

current

year ex-

pected entitle*

if any.

Against

previous

licensing

entitle-

ment

ment

Against

previous

licensing

year's

entitlement

(t) imported i

(a) Glazed

(c) Unglazed

2. I/We hereby declare that the above statements are true

and correct to the best of my /our knowledge and belief.

I/We fully understand that any licence granted to me/us

on the basis of the statement furnished is liable to cancella-

tion, In addition to any other penalty that the Govern-

ment may impose or any other action that may be taken,

having regard to the circumstances of the case if it Is found

that any of the statements of facts therein are incoreel

or false.

(iO Nepa newsprint

(UQ Printing & Writing paper.

Signature

30. Period for which stock and expected

arrivals are to last,

Date : Name in block Letters

31. Consumption of the Imported news-

print during the 12 months

Designation

Item Quantity Value

Residential Address

APPENDIX 3—contd.

Schedule

Statement giving month-wife Information regarding average circulation, page-area, average number of pages and actual number of publishing

days during the period April 19 March 19

Language

Periodicity

May

Sept. (

Apr.

June

July

Oct.

Nov.

Dec.

Jan.

Feb.

Au-

gust

Tide paper

Place of publication

March Av-

erage for

the period

frc im 1-4 to

31-3-

7

2 3 4 3 6"

8 9 10 11 12 13 14 1

(a) Average number of copies printed per

publishing day

(b) Average number of copies sold per pub-

lishing day

(c) Average number of copies distributed

free per publishing day (including com-

plimentary voucher exchange, bonus,

sample and office copies) .

(d) Average number of unsold, returned

and other copies printed but not Included

in(b)&(c)

(e) Average size of one page of the news-

paper/periodical (in sq. centimeters) .

(0 Average number of pages of the new-

paper/perlodical per publishing day

(g) Actual number of publishing days

Signature of publishers

Date

Certificate by Chartered Accountant

(This certificate is required to be given in all cases where the average number of copies during the provlous licensing period as given above

exceeds 2,000)

I/We have examined the books and account of

published from

—

(Name of the paper, language, periodicity).

(Address)

for the period from 1-4-19 to 31-3-19 and have obtained all the Information and explanation require by us. In my/our oplonlon the state

ment set forth above reflects true and correct analysis of circulation pages size and number off publishing dagys for the period from 1-4-19

to 31-3-19 to the best of my/our information and belief and according to the explanaton given to me/us shown by the books of account etc.

Signature ~

Date

Stamp of the Chartered Accountant

Name in Block Letters

Chartered Accountant Registration No

Address

APPENDIX 3—comd.

Form 'K'

FORM OF APPLICATION FOR PUBLIC SECTOR PRO- JECTS /UNDERTAKINGS i.e. IRRIGATION AND POWER PROJECTS/STATE EECTRICITY BOARDS/ UNDER- TAKINGS FOR IMPORT OF (/) MAINTENANCE OPERA- TIONAL ITEMS OF SPARES & STORES & (//) RAW MATERIALS, COMPONENTS AND MAJOR ASSEM- BLIES:

Note : All the columns should be filled by the appliacant care- fully and no column should be left blank.

1. (/) Name of the project &

undCrtakigs

(//) Name and Postal Ad- dress of the applicant .

(ttl) Telegraphic Address of

the applicant .

(tv) Address and location of the Project/Under- taking

2. (/) Particulars regarding

the unit:

(tf) The purpose for which the goods are requird .

3. Tresury Receipt No. date (treasury receipt to be at- tached wherever required) .

4. Licensing Period

5. Particulars of the goods to be imported their ci.f. value (To be detailed in a separate list to be attached)

6. S. No. Part of the I.T.C.

Schedule

7. Currency in which foreign exchange is required a

8. The amount of Indian

Agents¹ commission includ- ed in the CI.F. value

9. Country of import (where shipment is to be effected from a country different from the country in which the goods originated, full statement of reasons for the same should be given)

10. Is a letter of authority desir- ed? If so, the name of the firm in whose favour it is desired (necessary docu- mentary evidence should be furnished)

11. The Custom House where the import licence if granted will be registered . .

12. Full details of enclosures attached with tho applica- tion

DECLARATION .

(2) I/We hereby declare that if this licence is granted the goods will be utilised only for consumption as raw materials or accessories In our Project/Factory and that no portion thereof will be sold to or Permitted to be used,by any other party.

(3) I/We hereby declare thatTthe above statements)arc true and correct to the best of my/our knowledge and belief. I/We fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation in addition to any other penalty that the government may impose, having regard to the circum- stances of the case if it is found that any of the state- ment or facts therein are incorrect or false.

Signature

Name in block Letters

Date Designation

Note - In the case of application for maintenance and opera- tional items of spares and stores a certificate should be appended by the pplicent at the end if the application covering the following points:—

(a) that the items sought to be imported are either not available indigenously or available in specific period not suitable to project authority; and

(6) that they are not banned or if banned suitable clearance from the D.G.T.D. has been obtained.

(Floating of enquiries in trade journals jn time and non- receipt of acceptable offers will be sufficent ground for certifying indigenous non-available by the project authorities).

FORM L

IMPORT APPLICATION FOR' EMERGENCY' SPARES

A Particulars of applicant :

1. Name of the applicant

2. Full Postal Address.

3. Telegraphic Address.

4. Address of location of

factory.

5. Goods manufactured.

B. Particulars of application :

1. Registration No. aJlot- cd to income tax Veri- fication or Extcmption therefrom

(/) I.V.C. Registration/ Exemption Number valid for the licencing period to which the application pertains

(//) Previous I. V. C. Registration/Exem- ption Number :

2. Treasury receipt No.

and date (treasury re- ceipt to be attached in original) .

APPENDIX

'i—contd.

3. Description of the machinery for which spares arc required and c.i.f. value of spares to be imported.

4. Country from which spares applied for arc to be imported.

5. Country from which the original quipment was imported,

6. Where shipment is to be effected from a country different from the country in which the goods originated full statement of reasons for the same should be given.

C. General information to be

furnished.

1. Are you borne on the books of the D.G.T.D. and if so indicated the fac- tory number allotted by D.G.T.D. .

2. Registration No. allotted by the State Director of Industries (in the case of non-D.G.T.D. units)

3. Value of emergency spares licence, if any, obtained or applied for already in respect of the same ma- chinery during the same lioensing Period in which the present application has been made.

4. Nature of the concern, whether Public Company or Private Company partnership or Hindu Un- divided Family concern .

5. Names of Directors, Part- ners, Proprietor or Karta as the case may be.

6. Details of branches or associted companies (name and location)—

(0 In India

(ii) Abroad.

7. Is a letter of authority desired? If so, name of the firm in whose favour it is desired

8. The Customs House where the import licence, if granted will be regi- stered

(1) I/We hereby declare that if this licence is granted, the goods will be utilised only in our factory and that no portion thereof will be sold or to permitted to be used by any other party.

(2) I/Wc hereby declare that the above statements are true and correct to the best of my/our knowledge and belief I/We fully understand that any licence grant me/us on the basis of the statement furnished is liable to concellation, in addition to any other penalty that the Government may impose or any other action that may be taken having regard to the circum- stances of the case if it is found that any of the statements or facts there in are incorrect or false.

Date j

Signature

Name in block letters

Designation

Residential Address

Note : (0 This form is intended for applications made by actual uses for the grant of emergency licences for impor- tant of spare parts

(ii) Apart from the details provided for in this form, proper justification for the import of spares on a most immediate basis should be given in the letter for warding the application

Form 'M'

Form of application for replacement licence

"A." Particulars of the appli- cant 9

1. Name of the applicant

2. Full postal address .

(/) House/Shop number . (tf) Name of street/Road .

(IIQ Name of locality and city . . ..

(iv) Name of State .

3. Telegraphic address

4. Address of location of fac-

tory :

"B"—Particulars of application

1. Registration number allotted to Income-tax verification certificate or exemption therefrom :

(a) I.V.C. Registration/Ex- emption No valid for the licensing period to which the application pertains. •

(b) Previous I.V.C. Regist- ration/Exemption No. .

2. Treasury receipt No. and date (treasury receipt to be attached in original) :

3. Nature of concern, whether Public Company or Private Company Partnership or Hindu Undivided Family concern . . . .

4. Names of Directors, Part- ners, Proprietor or Karta, as the case may be i

5. Details of branches or asso- ciated companies (name and location) :-•—

(a) In India . . .

(b) Abroad

6. Is a letter of authority desire If BO, name of the firm in whose favour it is desired .

7. The Customs House where the import licence, if gran- ted, will be registered.

8. Detailed description with size, quantity, specification etc. and also the respective l.T.C. serial numbers of the goods to be imported.

9. C.i.f. value in rupees of the

goods to be imported :

10. Description with size, quan- tity, specification etc. of previous consignment in re- placement of which the app- lication is made

11. C.i.f. value in rupees of the previous goods in replace- ment of which the applica- tion is made

12. Reasons for the difference, if any between the specifi- cations and the c.i.f. values of the previous consignment and the goods sought to be imported in replacement thereof . . ..

13. No. and date of the licence and file No. of the licensing office pertaining to the pre- vious consignment

14. Date of shipment/arrival/ clearance of previous con- signments) . . .

"C."—General impormatlon to

be furnished

1. Please State whether:—

(a) The previous consign- ment was short landed or lost in transit prior to actual import ; or

(b) The previous goods were found lost or damaged after import ;

or

(c) The previous goods were found defective or unfit for use after import

(d) The previous goods were found unfit for use/da- maged during the period of guarantee i

2. Whether the goods sought to be imported in replacement are a free supply by the foreign suppler or are to be imported against an Insu- rance claim :

3. (a) In the case of free supply why the same cannot be

APPENDIX i—conid.

Imported under O.G.L. No. IV 7 .

(b) In the case where the free supply of the goods can not be covered by O.G.L. No. IV please state the amount of in- surance and foreign if any required to be paid to import the goods (Necessary documentary evidence to prove that the goods are^to be sup- plied free of cost with or without insurance or freight charges should bo furnished) .

4. In case the loss or damage to the goods was caused or the docks after landing and the goods and in question were insured at the time of such loss or damage please state i -

(a) Whether any insurance survey certificate was Issued by any authorised insurance surveyors to the effect that the goods were actually lost or damaged while on the docks after landing ; and if so, attach the certi- ficate—

(6) The amount in rupees of the claim accepted by the insurance company and produce a certificate from them to the effect that they have accepted the claim for the said amount as the value of the goods lost or dama- ged.

(e) The reasons or the diffe- rence where the value of the claim accepted is more than the original value of the goods lost or damaged i

W) Whether the insurance policy was taken from an Indian company or from a non-resident In- Burance company. In the former case a certificate from the insurance com- pany should be produ- ced to the effect that the insurance policy was issued by the company In India and the claim settled for payment in Indian rupees.

2. (1) In the case of the machi- nery, whero the defect, damage breakage or loss is notified after instal- lation or operation of the machinery and it is co- vered by the term of waranty gurantee given by the foreign supplier please furnish.

(a) Original evidence of acceptance by the foreign suppliers to the replace the goods in question free of charge.

(b) A certificate from a qua- lified engineer to the effect that the particular machine or part thereof is considered unfit for use in the main plant etc. for which it was,intcnded.

(c) Original evidence show- ing the date of the pre- vious importation of machinery and the pe- riod of gurantec given by the foreign supplier/ manufacturer.

(2) If the said defect, dam- age, breakage or loss is covered by a marine In- surance policy please state/furnish :—

(a) The amount of the Indian rupees of the claim accepted for pay- ment by the Insurance company I

(b) A certificate from the Insurance company to the effect that they have accepted the claim for payment of amount as Indicated against Col. 5 (2) (a) above as the value of goods broken or lost.

APPENDIX 3—comd.

(til) The form should be carefully filled by the applicant to enable the licensing authority to avoid unnecessary correspondence. No column should be left blank. The words "Yes" or "no" or "not applicable" can be used against the columns in the application form wher- ever necessary. If the applicant is notable to give answer to any particular column he should give a posi- tive reason for the same.

FORM 'N*

Licensing Period

Unit No

FORM OF APPLICATION FOR IMPORT OF RAW MATE- RIALS, COMPONENTS AND SPARE PARTS FOR UNITS LOCATED.IN SANTA^CRUZ EXPORT PROCESSING

ZONE.

(This application should be submitted In Quadruplicate to

the Development Commissioner.

SEEPZ)

Application for a licence for import of goods (other than those falling under the Capital Goods Licensing Procedure), vide Government of India, Late Ministry of Commerce and Industry, Order No. 17/55 dated the 7th December, 1955, as amended.

PART-I

(o) A survey certificate issued by any authoris- ed surveyors or any other satisfactory evid- ence to prove that the goods were actually found defective damag- ed broken, or lost.

0. Full details of the docu- ment* attached with the application.

DECLARATION

(1) I/We hereby declare that If this licence Is granted the goods will be utilised only in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

(2) I/We hereby also declare that the above statements are true and correct to the best of my/our knowledge and belief. I/We fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that the Government may impose or any other action that may be taken, having regard to the circumstances of the case, if it is found that any of the state- ments or facts therein are incorrect or false.

Signature

,.

Name In block letters

Designation

Residential address , ~ -. „

Date

Note :

(0 This form Is Intended for all categories of applicants.

(fl) The declaration (1) above relevant to the actual user

applicants only.

A. Particulars of Applicant i .

1. Name of the applicant

2. Full Postal & telegraphic

address . . ..

B. Particulars regarding Indust-

rial Unit.

1. (a) Name of the Industry .

(b) Name of the product and the exact purpose for which the raw material is required (preferably the function served by the raw material in tho manufacture of the pro- duct should be explained

2. Description of goods manu-

factured

3. Production capacity sepa- rately for each store for which different raw materials are desired to be imported ,

4. Actual production in the

last calendar year No".—If there was stoppage of production for any period, indicate the duration of the period and the reasons therefor.

5. Estimated production In the

next calendar year .

APPENDIX 3—contd.

C. Particulars of applications :

11. Treasury Receipt No. and date (Treasury receipt to be attached) . . ..

1. Particulars of licences issued and imports effected during the last three years

2. Particulars of raw materials

to be imported : 1. Serial Number

12. Where shipment is to be effected from a country di- fferent from the country in which goods originated full statement of the reasons for the same should be given .

2. Full description of the materials should be given. . . . •

13. Is a letter of Authority desi- red ? If so, name of the firm in whose favour it is desired . . ..

3. ITC No. & Part

14. Remarks :

D. Spare Parts :

4. Quantity (Weight/Nos./or other Appropriate account- ing unit . . ..

5. Value (c.i.f.) in Rs. . ,.

C.I.F. value of the spare parts Please see attached proforma to be imported and their invoice. description.

E. General Information to be

furnished :—

1. Date of establishment of

business in India i

6. Stocks (quantity) held by the applicant on the dato of the import application whe- ther in his own godown, lying with the banks under the produce loans account or anywhere also

2. Nature of the concern whe- ther Public or Private Ltd., Partnership or Proprietory or Hindu Undivided Family concern. . .

3. Names of Directors, Part- ners, Proprietor or Karta as the case may be .

7. Expected arrivals (quantity) on the opening date of the import licensing policy period in which the applica- tion is being made, against the licences in hand (The information should in- clude material to be received which might have been either in transit or ordered or yet to be ordered against the licences in hand)

4. Details of branches or asso- ciated companies (Names and locations) . (0 In India . (tf) Abroad

8. Quantity and c.i.f. value of imported raw materials/ components consumed dur- ing the last three financial years . . .. (Itemwise information to be furnished for each year in respect of major items con- sumed) . . ..

5. Has any application been al- ready made by the applicant for goods covered by this application or any other goods convered by this ap- plication or any other goods for the same preiod in any category If so, give details .

6. Have any branches or asso- ciated companies mentioned in (4) or any of the gentle- men named in (3¹) applied for an import licence for import of thoeoods covered by this application or any other goods for the same period ? If so, give details .

"F." Additional information to

9. Quantity and value (ex-fac- tory price) of the production of and products during the last three financial years. (Information to be furnished for each item of production and for each year separately, for which purpose, the items of production can be classi- fied into broad groups, if necessary)

be furnished :—

10. Registration No. allotted to Income tax Verification Cer- tificate or exemption there- from—Also attach attested or photostat copy of the IVC Rcgn./Exemption Number.

(1) In the case of industrial under takings intending to go into production for the first time or in the case of an existing indus- trial undertaking intend- ing to 30 into substantial expension of the pro- duction of existing arti- cles of manufacture, in- dicate :

(/) I.V.C. Registration/Ex- emption Number valid for the licensing period to which the application pertains

(/) valuo of (a) impor- ted plant and ma- chinery required.

(") Previous I.V.C. Regist- ration/Exemption Num- ber .

APPENDIX 3—contd.

(b) indigenous plant and machinery re- quired.

(II) value of letter of credit, if any, opened for the import of plant and machinery and the date thereof.

(HI) value of orders placed, if any, for purchase of indigenous plant and machinery . (iv) Expected date of commencement of pro- duction.

2. Details regarding industrial licence i.e. its number and date in case of units in the large scale sector and refe- rence number and date of issue of the approval in case of small scale sector as issued specifically for the SEEPZ. .

3. Capital Investment !

(a) machinery and equip- ment (details of machi- nery to be attached), .

(b) Land and Buildings or rent of permises with actual built up area.

DECLARATION

1. I/We hereby declare that the goods for the import of which, the application has been made are not meant for use in the manufacture of new articles for which a licence has not been obtained under Industries (Development & Regulations) Act, 1951.

2. I/We hereby declare that if this licence Is granted the goods will be utilised only for consumption as raw materials or accessories in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

3. I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. 1/ We understand that any licence granted to me/us on the basis of the statements furnished is liable to concellation, in addition to any other penalty that the Government may impose having regard to the circumstances of the case if it Is found that any of the statements of facts therein are incorrect or false.

Signature

Name in BLOCK letters

Designation

Residential Address

Date

NOTE:—Applicants are advised to read the licensing Instruc- tions for the current period carefully before filling up the Application Form for Import licence.

PART II

(To be filled in by the Santa Cru2 Export Processing Zone

Administration in duplicate).

(H) Requirements in value (c.i.f.) as installed capa- city . . ..

(iil) Quantity/Number re-

commended for import

(Iv) Value (c.i.f.) recom-

mended for import

(v) End-use

2. Whether the applicant is a new or existing unit.

3. ^Essentiality certified by Department of Electronics vide

their letter No

Dy. Development Commissioner, Asstt. Development Commissioner, for Development Commissioner, SEEPZ.

•This will bw filled in by the SEEPZ administration.

APPLICATION FORM

FORM 'O¹

Lincenslng Period

Unit N o . , . , -,

FORM OF APPLICATION FOR IMPORT OF RAW MATE- RIALS, COMPONENTS AND SPARE PARTS FOR UNITS LOCATED IN KANDLA FREE TRADE ZONE

A. Particulars of Applicant:

1. Name of the applicant

2. Full postal & telegraphic address . . ..

B. Particulars regarding Indu-

strial Unit:—

1. (a) Name of the Indusrtry

(b) Name of the product and the exact purpose for which the raw material Is required (preferabley the func- tion served by the raw material In the manu- facture of the product should be explained) .

2. Description of Goods man- factured . . ..

3. Production capacity se- parately for each store for which different raw materi- als are desired to be Imported

4. Actual production in the

Last calendar year ,

Note,—If there was stoppage

1. Particulars of goods /ecom-

mended for import :

(/) Requirements In quan- tity/number per Installed capacity

of production for any period, indi- cate the duration of the period and the reasons therefor

5. Estimated production In

the next calendar year

APPENDIX 3—contd.

C, Particulars of applications i

(/) I. V. C. Registration/ Exemption Number valid for the licensing period to which the application pertains

1. Particulars of licences issued and imports effected during the last three yoars .

(ii) Previous I. V. C.

2. Particulars of raw mate-

rials to be imported:

Registration/Exemption Number .

1. Serial Number .

11. Treasury Receipt No. and

date (Treasury receipt to be attached); .

2. Full description of the raw materials should be given . . ..

3. ITC No. & Part

12. Where shipment Is to be eff- cted from a country differ- ent from the country in which goods originated full statement of the reasons for the same should be given

4. Quantity Welght/Nos, for other appropriate ac- counting unit .

5. Value (c.IJ.) in Rs. .

13. Is a letter of Authority de- sired? If so name of the firm in whose favour It Is desired

6. Stocks (quandtlty) held

14. Remarks:

D. Spare Parts:

by the applicant on the date of the import application wheter In his own godown lying with the banks under the produce loans account or anywhere else.

CIF value of the Spare Parts to be Imported and their descrip- tion. (Please see attached proforma invoice) . . ..

E General Information to be

furnished:—

7. Expected arrivals (quantity on the opening date of the import licensing policy period in which the applica- tion Is being made, against the licences in hand .

1. Date of establishment of

business In India

(The information should Include material to be re- ceived which might have been either In transit or ordered or yet to be order- ed against the licences In hand) . . ..

2. Nature of the concern whether Publlo or Private Ltd. Partnership or Pro- prietory or Hindu undivid- ed Family concern.

3. Names of Directors, Part- ners, Proprietor or Karta as the case may be.

8. Quantity and c.l.f. value of Imported raw materials/ components consumed during the last three finan- cial yean. (Item wise Infor- mation to be furnished for each year in respect of major Items consumed)

4. Details of branches or asso- ciated companies (Names and locations) .

(1) In India .

(U) Abroad .

5. Has any application been already made by the appli- cant for goods covered by ¹ this application or any other goods covered by this appli- cation or any other goods for the same period in any cate- gory. If so give details

9. Quantity and value (ex- factory price) of the produc- tion of and products during the last three financial years. (Information to be furnished for each item of production and for each year separately, for which purpose, the items of pro- duction can be classified Into broad groups, if necessary).

10. Registration No. allotted

to Income tax Verification Certificate or exemption therefrom—Also attach attested or photostat copy of the IVC Regn./Exemp- tion Number . .

6. Have any branches or asso- ciated companies mentioned In (4) or any of the gentle- men named In (3) applied for an import "licence for import of the goods covered by this application or any other goods for the same period ? If "o give delate ,

APPENDIX 3—contd.

DECLARATION

1. I/We hereby declare that the goods for the import of which the application has been made are not meant for use In the manufacture of new articles for which a licence has not been obtained under Industries (Development & Regulations) Act, 1951.

2. I/We hereby declare that If this licence Is granted the goods will be utilised only for consumption as raw materials or accessories in our factory and that no portion thereof will be sold to or permitted to be used by any other party.

3. I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief 1/ We understand that any licence granted to me/us on the basis of the statements furnished 1" liable to cancellation In addition to any other penalty that the Government may Impose having regard to the circumstances of the case if it is found that any of the statements or facts therein are Incorrect or false.

Signature

Name In BLOCK letters

Designation

Date Residential Address

Note:—Applicants are advised to read the licensing Instru- ctions for the current period carefully before filling up the Application Form for Import licence.

Form 'P'

Form of application for Import of goods by Hospitals/Educational Institutions including Medical Colleges.

PART I

C. General Information to be furnished.

1. Date of establishment,

2. Whether the Hospital/Educational Institutions is managed by Government or some Corporation/Municipality etc. or a Charitable Institutions (to be named); and if managed by Govt., whether it Is managed by the [Central or State Government.

3. Number of wards and beds In each wards.

4. Particulars of grants, If any received from the Central or

State Government or any other body (to be named)

5. An lnventry of the major equipment and apparatus available

with the applicant (list to be attached)

6. Whether the equipment proposed to be Imported is new,

complete or a major replacement.

7. The department/course/subject etc. or other purpose, If any, for which the stores covered by the application are required.

8. The number of students on rolls.

9. The Post Graduate courses conducted.

10. The number of students undergoing each Post-graduate

course.

11. Number of research workers on roll.

12. Subject on which research Is conducted.

13. The Customs House where the Import licence. If granted

win be registered.

14. Full details of the enclosures attached with the application (every copy of the document should be marked as a true copy and signed beneath by the applicant)

PART II

(To be filled in by the applicant for use In the licensing office)

(To be filled in by the applicant for use oy the sponsoring authority

and the licensing authority)

A. Particulars of Applicant

1. Name of the Hospital/Educational Institutions.

2. Full Postal address I—

(0 House/Shop No

(//) Name of Street/road.

(10) Name of locality and city,

(fv) Name of State.

3. Telegraphic address.

B. Particulars of application

1. Registration Number allotted to Income-Tax Verification

Certificate or exemption therefrom.

(0 I. V. C. Registration/Exemption number valid for the licensing period to which the application pertains.

(fl) Previous I. V. C. Registration/Exemption number.

2. Treasury Receipt No. and date (Treasury Receipt) to bo attached In original

3. Licensing period In respect of which application Is made.

4. Whereshlpment Is to be effected from a country different from the country In which the goods originated, full statement of reasons for the same should be $ven.

5. Is a Letter of Authority desired? If so, name of the Firm

to whose favour it is desired.

1. Justification and need for the equipment proposed to be Imported and type of work for which the equipment will be used.

-. Details of similar existing equipment. If available, their detall of purchase, cost and present condition may be Indicated.

3. Particulars of goods to be Imported i—

ITEM QUANTITY/ VALUE

NUMBER (C.LF.) I X C. S.No.

4. Details of Import licences obtained during the last three

licensing period i—

Licence No, C.I.F.

Adate

Description of goods

Licensing Period

value

Import effected and utili- sation.

APPENDIX 3—contd.

(1) I/We hereby declare that if this licence is gran ted,the goods will be utilised only in my/our Hospital/Education Institution and that no portion thereof will be sold to or permitted to be used by any other party.

(2) I/We hereby declare , that the above statements are true and correct to the best of my/our knowledge and belief.

I/wo fully understand that any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that the Government may impose or any other action that may be taken having regard to the circumstances of the case oif it is is found that any of the statements of facts therein are incorrect or falso.

Date Signature

2. Whether D. G. T. D. clearance has been obtained (The No. and date of the reference of D. G. T. D. may be given)

Name in Block Letters „

Designation

3. In case of items which are being imported by S. T. C. whether the S. T. C. has expressed their inability to supply the material (The No. and date of their letter may be quoted)

Signature of the sponsoring authority

Residential address „

PART III

NOTE i—

The sponsoring authority should ensure that]

(To be filled In by the sponsoring authority in duplicate)

1. Particulars of goods recommended;—

Full particulars of th< Goods recommended

I. T. C. S. No,

i Whether the appli- cant Is already in possession of simi- lar goods or not.

(0 indigenous clearance from D. G. T. D. has been obtained before recommending the application- While obtaining indigenous clearance, full des- cription of the machinery and leaflet or other litera- ture, wherever necessary, should be sent to D. G T.D., New Delhi.

(II) All the columns of the application have been properly filled in by the applicant. Incomplete application need not be recommended

ANNEXURE I

APPENDIX—4

(Para 102 of chapter V)

List of Registering Authority

3

1 I 2

SI

Registering Authority

1. No, Export Product

&

i Fish and fish Products

3

1 2

1 Engineering goods: stain- less steel products; and ship repairing

Marine Products Exports TJe^ velopment Authority Work Trade Centre, Mahatms Gandhi Road, P. B. No, 1708, Emakulam South Cochin-16.

7 Processed foods other than curry powder and paste.

Processed Foods Exports Pro- motion Council, 119, Jor- bagh, New Delhl-3.

8 Curry powder and paste .

Engineering Export Promo- tion Council "World Trade Centre", 14/IB, Ezra Street (3rd Floor), Calcutta-1, and its. Regional offices, Com- merce Centre (2nd Floor), Tardco Road, Bombay-34; Sire Mansion, 123, Mounl Road, Madras-6; and 'Sur- ya Kiran' 4th Floor, 19, Kasturba Gandhi Marg, New Delhi.

Spices Export Promotion Council, World Trade Centre, Mahatma Gandhi Road, Emakulam-6.

2

9 Handicrafts, Woollen car- pets, rugs and druggets.

The All India Handicrafts Board, West Block, No. 7, Ramakrishna-Puram. New Delhi-22.

Chemicals and Allied Pro- ducts Export Promotion Council, 14/IB, Ezra Street, 2nd Floor, Calcutta-1, Re- gional office Sire Mansion, 123 Mount Road, Mad- ras-6.

10 Cashew Kernels

Cashew Export Promotion Council World Trade Cen- tre, Mahatma Gandhi Rd., Ernakulam-6.

11 Tobacco and tobacco pro-

Chemicals and Allied Pro- ducts namely, Glass and Glassware, Ceramics, Paints, Rubber Products including tyres and tubes, Paper and Paper pro- ducts, Including books, journals, periodicals, Safety matches, Fire- works and explosives, Asbestos and ce- ment products, Wood Products.

ducts.

2

Tabacco Export Promotion Council , P.B. No. 456, 123, Mount Road, Mad- ras-6.

12

Basic Chemicals, Pharmaceu- ticals and Soap, E. P. Council, Jhansi Caste (4th Floor), 7, Cooperage Road Bombay-1.

Woollen textiles and hosiery etc. and mixed fabrics.

Wool and Woollens Export Promotion Council Chur- chgate Chambers, 7th Floor 5, New Marino Lines, Bombay-20, and its regio- nal office at Ludhiana.

13 Coil . . .. Coir Board, Post Box No. 1752, Ernakulam (Kerala).

A Basic Chemicals namely, Drugs, Pharmaceuticals and Fine Chemi- cals (excluding Medicinal Castor Oil), Dyes, Inter- mediates, Alcohol and Coal Tar Chemicals, In- organic Chemicals, Orga- nic Chemicals, Agro Che- micals, Glycerine, Soaps, Detergents, Cosmetics & Toiletries, Processed Talc, Agarbatti, Essen- tial Oils and Crude* Drugs,

Cotton textiles

14

3 Plastics . . ..

Cotton Textiles Export Pro- motion Council, Engineer- ing Centre, 5th Floor. 9, Mathew Road, Bombay-4 and Handloom Export Pro- motion Council, 123, Mount Road, Madras-6.

15

Plastics and Linoleum Ex- port Promotion Council, Nyloc House, 4th Floor 252/D II, Dr. A. B. Road, Prabha Devi, Bombay 25; and its Regional offices at Sir Mansion, 123, Mount Road, Madras-6 and 14/IB, Ezra Street, Calcutta-1.

Ready-made garments (other than of natural silk).

Cotton Textiles Export Pro- motion Council, Engineer- ing Centre, 5th Floor, 9 Mathew Road, Bombay-4.i 4 Leather and leather goods .

Wool and Woollen Export Promotion Council, Cnur- chgate Chambers, 7th floor. New Marine Lines, Bom- bay-20.

Handloom Export Promotion Council 123, Mount Road, Madras.

Natural silk babrics and

16

garments.

Sports goods .

5

Handloom Export Promotion Council, 123, Mount Road, Madras-6, Silk and Rayon Export Promotion Council, Resham Bhavan, 78, Veer Nariman Road, Bombay-1.

Leather Export Promotion Council, Marble Hall, 3/8 Vepery, High Road, Mad- ras-3; Export Promotion Council for Finished Lea- ther and Leather Manu- factures, 15/46, Civil Lines, Post Box No. 198, Kanpur and its Regional office at "Niranjan" 2nd Floor, 99, Marine Drive, Bombay-2. and 21-A Park Mansions, B. Block No. 4, 2nd Floor, Pirk Street, Calcutta-16. Sports Goods Export Pro- motion Council, IE/6, Jhan- dcwala Extension, New Delhi-1.

13—lCCofI&E/75

APPENDIX 4—comd.

3

2

1

Gem and jewellery . . <

17

(para 103 of chapter V)

ANNEXURE H

Form of Application for Registration

Oem and jewellery Export Promotion Council, D-15 Commerce Centre, 4th Floor Tardeo Road, Bom- bay-34.

18

Export Promotion Autho- rities at Bombay, Calcuta, Madras and CLA, New Delhi.

Cinematograph films (ex- posed) feature films, do- cumentaries, advertising films.

News films and T.V. films Export Promotion Authorities at Bombay, Calcutta, Mad- ras and C.L.A. New Delhi.

To

Dear Sirs,

SUB:—Registration under the Import Policy for Regis-

tered Exporters

Jute Commissioner, Calcutta, Natural fibre products

19

(other than coir products)

Non—Cellulocsic products

20

Silk and Rayon Textiles E.P. Council, Rcsham Bhavan, 78, Veer Nariman Road, Bombay-1.

Celluloslc products .

21

Silk and Rayon Textiles E.P. Council Resham Bhavan, 78, Veer Nariman Road, Bombay-1,

22

Silk and Rayon Textiles Ex- port Promotion Council, Resham Bhavan, 78, Veer Nariman Road Bombay-1.

Blended products from mix- ture of cotton/cellulosic fibre or yarn/Nylon Po- lyster fibre or yarn,

Vanaspatl

23

Director of Sugar and Vanas- pati. Department of Food, Ministry of Food and Agriculture, New Delhi.,

24 Khadi Products including ready medc garments made of Khadi

Khadi and Village Industries Commission, Royal Insu- rannce Building, Sir J. Tata Road, Bombay-20.

5 Pboto type set Films

X

Chemicals and Allied Pro ducts Export Promotion Council, 14/1 B, Ezra Street 2nd Floor, Calcutta-1.

Kindly register us under the above policy as manufac- turer exporters/merchant exporters of (the major products covered by the import policy for registered exporters, exported by the applicant may be mentioned here).

1. (a) Name and address (with telegraphic address and tele-

phone No.) of registrcd office, head office and branches.

(b) Whether Proprietory/Partnership concern or Private/ Public Limited Company or Cooperative Marketing Society, etc. (Names of Proprietory/Pajtners/Directors/ managing Directors should be furnished with their permanent addresses).

(c) Names of the associate firms for whom the applicant

act as agents in export business.

(d) Name and address of the applicant's banker.

(") Income-tax verification Number and date.

(i) Date of establishment of business/ factory in India.

(if) Date of commencement of export business.

(til) Capital employed.

2. Whether licensed/registered under the Industries (Deve- lopment and Regulation ) Act, If so, number and date of licence/registration certificate.

PV 3. Whether products manufactured are on approved (DGS&D) rate /running contract I.S.I, certification marked G.T.H. Allpore tested or otherwise quality controlled (specify the scheme of Quality Control aoD- licable).

4. Whether enlisted with D.O.T.D. / State Director of

Industries.

5. (a) Details of past export during the last three years, if any, (products for which registration is sought and other products not covered by the scheme should be Indicated):—

Shellac Export Promotion

9 Dewaxed Decolourised

a

Council Calcutta. lacs.

NOTE—

Kashmir

(1) Director of Handicrafts, Jammu & For exporters in the Jammu 8c Kashmir [Para 102 (2)]

(2) Federation of Indian Exporters Or- For Eligible Ranlsation AHphsbcd Bf;nk Build- Export House fng Parliament Street, New Delhi. (Refer Para

102(3).

Description

Year

Unit value

Qunatity/- Value

Major coun- tries to whi- ch expor-

ted

(2)

(3)

(1)

(4)

(5)

(In case where there is no export, a statement of inter- nal sales turnover for the last throe years of the items desired to be exported, duly attested by the auditors, should be sub- mitted).

(b) Details of commitment of future export for the succeeding three years :—

Year Descriptlon~of goods to- Quantity Value

be exported

AFPENDlX-^l—comd.

6. [f new to export field state details ol" any overseas market surveys conducted or of export promotional efforts made.

(Para 103 ofChaplcrV)

ANNEXURE III

Registratlon-cum-Membership Certificate

7. Have any complaints been received in respect of quality /delivery after/ sale-services of goods exported in the past and If so, how were they disposed of.

8. If merchant exporter, please indicate what arrangement have been made with manufacturers whose products are to be exported.

9. Export commodities in respect of which registration

is sought.

10. Whether the firm is already a registered exporter for some other commodity. If so, give registration number and details thereof.

11. (a) Whether a member of any recognized trade body.

If so, give particulars,

(b) Whether firm is registered under the Factories Act, If so, registration No. and date.

(e) Whether the firm hold a Corporation or Municipal licence for factory permises for the current year?

12. Whether a certificate from the applicant banker certi- fying the financial position is attached. We here by solemnly declare the above stated information to be true and correct and undertake without any reservation to :—

(0 abide by the terms of the registration certificate granted to us on all our exports.

(//) Use the import licences for the purpose for which they are issued and under terms and conditions under which they are issued.

(Hi) agree to abide by any code of conduct that may W prescribed by the Registering Authority

(/v) agree to abide any by export floor conditions that may be stipulated by the registering authority.

(v) Furnish without fail quarterly returns of exports inclu- ding Nil returns to the registering authority by the 15th day of the month following the quarter.

We further understand that our registration is liable to be cancelled in the event of breach of any of the under- takings mentioned above.

Yours faithfully

Name In Block letters

Designation

Residential Addrcsi

PARTI

(To be filled in by the applicant)

1. Name of applicant

2. Whether Head Office or a branch

3. If Head Office , give names of Branches with address

4. Address of applicant:

(/) Postal address

. .

(//) Telegraphic address

(HI) Address of factory, if any

5. (0 Description of goods manufactured (If any)

(II) Description of goods expected

4. Whether merchant exporter or manufacturer-expor-

ter

7. Year of establishment of the applicant

I/We here by declare that the above Information is correct to the best of /our knowledge and belief. I/we also undertake to abide by the conditions subject to which regis' tratlon/membenihip is granted.

Signature

Name

(in block letters)

Designation

Date

Residential address— ——

PART n

1. Registration No/ Factory No allotted by the Sponso- ring Authority.

(To be filled in by the applicant^

2. Description of goods manufactured

Signature of the applicant

To be filed in by the Registering Authority in the Case of DOTD units and spon?orinj authority in the case of other units).

Signature of registering Authority

Sponsoring authority.

Name In Block letters

Designation

Seal - .^ _ . " . ,.

APPENDIX 4—contd.

PART III

PART II

1. Permit No. or Looms/

(To be signed by the concerned Registering Authority)

This is to certify that the above firm is registered under the Import Policy for Registered Exporters in terms of the provisions in the Import Trade Control Hand Book Rules and Procedure us per following particulars:—

(0 Description of goods for which registered (It) Date of application for registration (///) Registration Numbers

(Iv) Manufacturer Exporter or Merchant Exporter

This certificate is issued subject to the conditions laid down In the relevant scheme of Registration.

Warp Knitting machine /Raschel knitting machi- nes issued by the office of the Textile Commi- ssioner together with number of looms/kni- tting machines for whi- ch permit is granted.

2. Description of goods

manufactured...

(Signature of Registering Authority)

Name

• 3. Registration No. allo- tted by the office of the Toxtilo Commissioner as processors of fabrics.

Signature of the Sponsoring Auth-

(In block letters)

ority

Designation

Seal —

Dated -—-—— ——• —

•State clearly whichever Is applicable.

Space for endorsement of any amendments in this certificate.

Name

Designation

SEAL

ANNEXURE IV

REGISTRATION-CUM-MEMBERSHIP CERTIFICATE FOR EXPORTERS OF RAYON TEXTILES

PART HI

(To be signed by the concerned E.P. Council)

PART I

(To be filled In by the applicant)

1. Name of applicant

2. Whether head office or a branch

3. If head office, give name of branches with address

4. Address of applicant

(/) Postal Address

(11) Telegraphic Address

(Hi) Address of factory , if any.

5. (I) Description of goods manufactured (if any)

(II) Description of goods exported..

6. Whether Merchant-Exporter or Manufacturer-Expor- ter or Processor

7. Year of Establishment of the applicant..

I/We hereby declare that the nbovc information Is correct to the best of my/ our knowledge and belief. I/We also undertake to abjde by the conditions subject to which regiftitttion/ membership Is granted.

This is to certify that the above firm is registered under the Import policy for Registered Exporters in terms of the pro- vision in the Import Trade Control Hand Book Rules and Procedure as per following particulars:—

(/) Description of goods for

which registered

(II) Date of application for

registration

(iit) Registration Number..

(iv) Manufacturer exporter or Merchant Exporters

This certificate is issued subject to the conditions laid down in the relevant scheme of Registration.

Signature of E.P. Council

•State clearly whichever is applicable

Name (in block letters)

Signature ——•—— ——

Date Designation

Name (in block letters)— ——

SEAL

Designation-— —

Residential Address-— '

Dated - — —— —

•Space for endorsement of any amendment in the Certificate.

ANNEXURE V

BANK CERTIFICATE OF EXPORTS

(FORM NO. 1)

To

(Name and address of the licensing authority)

We

(Name and address of the Exporters)

(Name and here by declare that we have forwarded a documentary export bill to address of the bank i.e. , Branch and City) for coll ectlon/negotiation /purchase as per particulars given hercunder :—

Insurance F.O.B.

Bill

Bill

Freight amount amount

Rate adopted amount

valuo Destination of goods

Description of goods.

ERI/P.PP. Form No.

in Indian in Indian Invoice No. & date

In Indian Rs. as per

for con- version

amount cif/c&f fob. (in foreign currency)

of with . cif/c&f fob

Rupees (Col. 7 minus 's total Bill of lading/ P.P. Receipt/ Airway Bill No. and date

Bill of lading/ freight memo

Rupees as per Insurance Company Bill/ receipt

of Col. 8 &9

cif/c&f/ fob equi- valent in Indian Rupees (convert- ted rate shown in col. 6) Rs.

Rs.

Rs.

Rs.

8

9

10

6

7

11 1

4

5

2

3

We further declare as follows :—

(0 that the aforesaid particulars are correct and they relate to outright sales and copies of invoices relevant there exports

are attached.

(fl) that the export has been made by the Head Office/Branch Office of the Limited Company/Registered Exporter; and

• •(///) (o) application for export assisstance will be made by the branch office to the above licensing authority under whose

jurisdiction it falls ;

(6) application for export assistance will be made by the Head Office of the Limited Company/Registered office to the above licensing authority under whose jurisdiction it falls.

SIGNATURE OF EXPORTER.

•Foreign currency as indicated in the invoice cif, c&f, fob (in respect of invoices made out in Indian Rupees, columns 5 & 6 need not be filled in).

• -Strike out the alternative not applicable.

BtUpurchasedjnegottatedln respect of outright sale ; At the authorised dealers on Demand Buying rate prevalent 'on the date of purchase/ negotiation.

Bills sent for collection (outright sale) : At the authorised dealer's On Demand Buying rate prevalent on the date they send the docu- ments for collection.

Bank's Certificate

Rcf.:

Date :

Place i

This is to certify that we have negotiated/purchased/sent for collection the above mentioned documentary export bill drawn for the amount mentioned in Col. 5 above and verified by M/s the rate of conversion mentioned in Col. 6 . We have also verified the fob value mentioned in Col. 10 above with reference to the following documents :—

(/) Bill of Lading / P.P. Receipt/Airway Bill

(//) Insurance Policy/covcr/Insurancc receipt.

(Signature of the Bankers)

Official Stamp

(Full address of the Bankers) (Branch and City)

BANK CERTIFICATE OF EXPORTS

FORM NO: 2

To

(Name and address of the licensing authority)

We

(Name and address of the exporters) hereby declare that we had effected the export on consignment basis aid have received the proceeds i n full there-against as per particulars given below :—

FOB Description of goods

Destination of goods

GRI/ PP Form No.

Invoice value in foreign currency

Provi- sional Invoice No. & date

Date of realisa- tion of sale pro- ceeds

Bill of Ladinc/ PP Receipt/ Airway Bill No. & date

Bill amount cif/ c &f fob in foreign cur- rency •

Rate adopted for con- version of cif/ c&f/ fob

Freight amount in Indian Rupees 13 per Bill of Lading freight memo

Insurance amount in Indian Rupees as per Insu- rance Com- pany's Bill/ receipt

value in Indian Rupees (Col. 10 minus total of Col. 11 & 12

Bill amount cif c&f/ fob equiva- valent in Indiaji Rupees (con- verted at rate shown in col 9)

Rs.

Rs.

Rs.

Rs.

5

6

1

3

4

7 S

9 10

13 2

11 12

We further declare as follows: —

(0 that the aforesaid particulars are correct and they relate to consignment sales and copies of invoice relevant to those exports arc attached ;

(//) that the export has been made by the head office/branch office of the limited company/registered exporter ; and

• '(a) application for export assistance will be made by the branch office to the above licensing authority under whose jurisdiction it falls OR

• -(b) application for export assistance will be made by the"head office of the limited company/registered office to the above licensing authority under whose jurisdiction it falls.

(SIGNATURE OF THE EXPORTER)

•Foreign currency as indicated in the invoice cif, cicf, fob. (in respect of invoices made out in InJian Rupees, columns 8 & 9 Deed not be fllfed in ).

• -Strike out the alternative not applicable.

The authorised dealer's T/T Buying/On Demand Buying Rate, as the case may be, prevalent on the date of realisation.

BANK'S CERTIFICATE

Rcf. No.

Date

Place

We confirm that

(amount) shown in col. 8 (or column 10 in respect of

invoices made out in Indian Rupees) has been received by us in an approved manner in respect of the above consignment on

„

'(Rate). We have verified the fob value as shown in Col. 13

vrilh reference to the following :—

(0 Bill of Lading/P.P. receipt/Airway Bill

(//) Insurance Policy/cover/Insurance Receipts.

(Signature of the Bankers) Official Stamp

Address of the Bankers

(Branch and City)

Date of advice of the collecting / remitting Bank abroad.

ANNEXURE VI GOVERNMENT OF INDIA

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

PUBLIC NOTICE NO. 78-ITC/74

New Delhi, the 6th June, 1974

Subject: Procedure for raising debit to the value of

licences.

In modification of the provision made in the late Ministry of Foreian Trade Public Notice No. 15-1TC (PN)/72 dated the 28th January 1972 and Public Notice No. 16-ITC (PN)/72 dated the 28th January 1972, it has been decided that the pro- cedure for raising debit to the value of import licences in-terms of rupees will be as indicated in this Public Notice.

IMPORT LICENCES FOR CAPITAL GOODS AND HEAVY ELECTRICAL PLANT;

2 While issuing Import licences for Capital Goods and Heavy Electrical Plant, the licensing authorities will calculate the value of the goods to be imported as covered by the licence bv taking into account the 'exchange rate' notified by the De- nartment of Revenue ^Customs) under Section 15 of the Customs Act 1962, and prevailing on the date of Issue of the import licence ' The said exchange rate will also be separately men- tioned by the licensing authority on the body of the licence for the purpose of relcrence by the customs and the exchange banks The custom authorities and the authorised dealers in foreign exchange will make debits to the value of the licence at the exchange rate specified by the licensing authority on the import licence.

IMPORT LICENCES FOR RAW MATERIALS- COM- nnNFNTS AND SPARES ISSUED AGAINST FOREIGN CREDITS COVERED BY DIRECT PAYMENT PRO- CEDURE

3 The procedures as indicated in paragraph 2 above will . apply t° iniport licences for raw materials, components nnrt scares issued against foreign credits covered by Direct Pavment Procedure. These provisions will equally apply to any other licences Issued against foreign credits covered by Direct Payment Procedure.

IMPORT REPLENISHMENT LICENCES ISSUED UNDER THE IMPORT POLICY FOR REGISTERED EXPORTERS

4 For the purpose of REP benefits under the import ii ' for Registered Exporters the rupee equivalent to the fob value of exports will be calculated by taking Into account the "exchange rate" prevalent on the date of purchase/nego- tiation of export documents and not at the central rate has hitherto adopted. Bank certificates on the basis of which REP benefits will be determined under the import policy for Registered Exporters will be prepared on the following basis:—

5. The forms of bank certificate which Registerd Exporters will be required to produce are given in the annexures to this Public Notice. These forms will replace the existing forms appearing in Annexure V at pages 213-214 of the Import Trade Control Policy (Red Book-Vol. II) for tho period April 1974— March 1975.

6. The custom authorities and the authorised eelaers in foreign exchange will debit the REP licences at the exchange rate current at the timo of presentation of import documents in accordance with tho procedure described in para 8 below.

IMPORT LICENCES OTHER THAN THOSE MEN-

TIONED ABOVE:

7. The value of iniport licences in such cases will be de- termined In terms of rupees by the licensing authorities in accordance with the import policy in force. Such cases will not involve any conversion of the value of the licence into rupees taking into account the excahange rate prevalent on the date by issue of the licence or on any other date. The custom authori- ties and the authorised dealers in foreign exchange will debit these licences at tho exchange rate current at the time of pre- sentation of import documents in accordance with the pre- scribed procedures and ensure that the amounts so debited for certain arc within the value of the licence expect to the extent authorised in para 8.

8. Tn case of imports aginst REP licences and 'other' licences referred to in paragraphs A—7 abavc, the authorised dealers in foreign exchange and the custom authorities may, in their discretion, condone the excess value , if any, In the manner indicated below :—

(/) the authorisecd dealers in foreign exchange may condone the excess, if any, in the licence value at the time of remittance, resulting from a variation between the exchange rate prevalent on the date of opening of tho irrevocable Letter of Credit and the exchange rate on the date of actual remittance. If no irrevocable Letter of Credit had been opened, the authorised dealer in foreign exchange may condone tfie excess, If, any, as a result of a variation between the exchange rate prevalent on the date of shipment and the exchange rate on the date of remittance.

(il) if the importer produces the Exchange Control copy of the licence the custom authorities may allow clea- rance of the goods for the value for which remittance has been authorisecd by foreign exchange dealer by taking into account the condonation on account of variations in exchanges rates as indicated in (/) above

(Hi) If the importer docsnot produce Exchange Control copy of the import licence beforethe custom authorities, such authorities will debit the exchange rate sanotified by the Deptt. of Revenue (Customs) under section 15 of the Indian Customs Act 1962 as on the date of ship- ment indicated on the bill of lading. The excess, if any, in the licence value, resulting from a variation between the exchange rate prevalent on the date of presentation of the Customs Bill of Entry and the exchange rate on the date of Shipment, may b" condoned by the custom authorities.

ta) Bills purchased negotiated in respect•_of out-right sate

The actual amount paid at the authorisecd dealers' O D (on demand) buying rate to the exporter by the authorised dealer against the bill purchased or nego- tiated.

9 All import licences issued on or after the date of this Public Notice will be covered by the provisoin of this Public Notice Import licences issued before the date of issue of this Public Notice will be governed by the procedure as in forco prior to the date of Issue of this Public Notice.

Sd/-

(6) Bills sent for collection (out right sale)

Amount which the authorised dealer would have paid applying the O. D. (on demand) buying rate on the date they send the documents for collection had they purchased/negotiated the bills on that date.

(B. D. Kumar,)

Chief Controller of Imports & Exports

(c) Exports on consignment bash

The amount paid by the authorised dealer to the ex porters at the authorised T. T. buying/O. D. buying rate as the case may be on the date of realisation of export proceeds.

MO TE -_(l) In case of exports taking place on approval deferred payment terms, the O. D. (on demand) buying rate applicable on the date of the shipping docu- ments are submitted to the authorised dealers for despatch to the overseas buyers, may be adopted for the purpose of para 4 of Public Notice No. 78-ITC (PN)/74 dated 6-6-1974, reproduced above.

(2) For enclosures to this Public Notice, please

see Annexurc-V.

APPENDIX 4—contd.

TABLE OF CENTRAL RATES OF EXCHANGE FROM

tificate to be furnish- ed)

1-1-75

(

Foreign Currency

SI. No.

registered as a Manu- facturer Exporter or Merchant Exporter

Rate of exchange of foreign cur- rency equivalent to Rs. 100/-.

9. (a) Current I.V.C. No. valid for the period of applicant

(6) Previous I.V.C. No. (c) If no I.V.C. has been alloted indicate the particualrs of the application made, if any, for allot- ment of I.V.C. No.

10. No. & date of Treasury Receipt (Treasury Receipts to be attached)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

Austrian Schillings . Belgian Francs Canadian Dollars Danish Kroners Dutch G uildors Deutschemarks French Francs Italian Lire Japanese Yen . Norwegian Kroners , Pound Sterling Sewdish Kroners Swiss Frances . U. S. A. Dollars

206 443 12-10 70-10 30 -80 29 -60 54 -50 80-10 36 -90 64 '50 5-2950 50 -40 30 '80 12-34

11. (a) Product-group to iwhi- ch the exported produ- cts belong

ANNEXURE VII

(b) F.O.B. value of export Covered by this appli- cation, Rs

(Para 110 of Chapter V)

Form 'H'

(c) Specify the period du- ring which these ex- ports were made and whether the applica- tion is made on quarterly basis, or half yearly basis or any other basis spec- ially agreed to by Go- vernment

From of application for import of goods against exports made by Registered Exporters, both the Merchant Exporters and Manufacturer-Exporters (Merchant Exporters need not fill cols. 16, 17 and 18. Where Registered Exporters make nominations for full entitlement they need not fill columns 16,19 and 20 to 25.

Part A

1. Name of the applicant firm

2. Full Postal Address :—

(t) Houso/Shop No

(U) Name of Street/Road...,

(6) The amount of com- mission or discou- nt paid or paya- ble fat a later date by the exporter) to the foreign agent on the exports co- vered by the appli- cation

(ii) Name of locality and city...

12. Whether any other app-

(/v) Name of State

3. (a) Telegraphic Address

(b) Address & location of factory

lication against exports covered by the same pro- duct group and for same period of exports has be- en made

4. Date of establishment of

business in India

5. Nature of the concern , whether Public Company or Private Company Partnership or Hindu un- divided family concern

6. Names of Directors, Part- ners, Proprietor or karta as the case may be

7. Details of the Head office/

branches or associated com- panlesKname and location)

13. Whether the exports (as per statement of export enclosed) against which the present application is made have been uti- lised or are intended to be utilised for claiming any import licence by way of bartor or for re- mittance against Capital Goods or in discharge of any export obligation or for obtaining lrnport li- cence under any other category

(0 In India

(fl) Abroad

14. Whether the exports ha-

8. (a) No. & date of Regis-

tration Certificate (co. py of registration cer-

ve been made on outri- ght sale basis/ consign- ments/ approval basis/ free replacement

APPENDIX 4— Contd.

15. Whether any application for grant of cash assis- tance has been made ag- ainst all or any of the ex- ports mentioned in the enclosed statement. If so, please give the refe- rence No. and date of that application

16. Name of the Industry

and the purpose for which the raw m aterials, co m- poncnts arc required

17. Description of goods

manufactured

18. Registration No. allo- tted to the applicant by the DGTD/ State Dire- ctorate of Industries /any other sponsoring autho- ority

19. C.I.F. value in rupees of the licence (s) applied for

20. List of items applied Item Part & Country of CIF

for (Five copies of the S. No. Import value list to be furnished )— Separate sets of lists sh- ould be furnished for (/) items sought to be im- ported from Rupee Pay- ment Area, (") items of tools and jigs and equi- ments and (ill) other ite- ems

21. State the basis on which

items of import are cla- imed viz. on the basis of (a) A.U. licence (stating A.U. licence No. and da- te and enclosing origi- nal or photostat copies thereof (6) sponsoring authority's recommen- dation on prescribed pro- forma (enclosing the same ) (II) Col. 4 Secti- on 11 of Vol. of Red Book

22. C.I.F. value of canali- sed items if applied....

23. C.I.F. value of other it-

cms if desired from stocks ofSTC/MMTC. 24. (a) Is a letter of auth-

made or will be made in future against exports covere d by this application;

(II) the consignment^) / parcel (s) have not been returned. If at any time, the exported goods are returned by the consignee, or if the sale proceeds in respect of the goods in the question are not realised through an authorised channel within six months from the date of export or such extended period as the Reserve Bank of India may permit, necessary intimation shall be sent to the licensing authority , within one month thereof, and the value of import licences issued against this application shall be liable to be set off against future import licenc- es due to mo/us or to my/our nominees, without preju- dice to any action that may be taken in this behalf;

(ill) if, as a result of a security by the licensing authority at any excees licensing is found to have been done to me/us or to my/our nominees against this application, the same shall be liable for being a adjusted against future licences due to me/us or to my/our nominees under any category without prejudice to any other action that may be taken in this behalf.

(iv) I/we hereby declare that the particulars and statements made in this application are true to the best of my/ our knowledge and nothing has been concealed or held therefrom;

(v) I/we hereby undertake that any licence granted on the basis of this application shall be liable to cancellation or being made in affective without prejudice to any other action that may be taken in this behalf, if any information furnished in this application is found to be wrong or incorreot or misleading.

(W) I/we hereby declare that the prices charged for books/ journals/periodicals exported were not less that the listed foreign prices minus a discount of not more than 4 %, In cases no foreign price was listed, the books/journals/ periodicals were exported at a price not less than the listed Indian price converted into foreign currency at the official exchange rate, minus the usual trade dis- count not exceeding 40%.

(v/i) I/We declare that the figures on the basis of which this application for replenishment licence is do not include exporters of book/ journals/periodicals intended for internal use only and prohibited from being expor- ted.

Signature

Name in Block letters

Designation

Residential Address

Date

To be filled only In the case of nomination

ority desried? If so, name of the firms in whose favour it is desired.

(b) Name of Directors,

partners, Proprie- tor or Karta as the case may be

25. The Customs House wh-

ere the import licence, if granted, will be registe- red

26. Full details of enclosures

attached with the appli- cation

UNDERTAKINGS/DECLARATION

I/We hereby solemnly undertake/ declare :—

(0 that no other application for import licence has been 1. In case nomination has been made, the following

particulars should be given;—

Name of the Nominee

Other lines of manufac- ture of no- minee(s)

F.O. value of exports for which nomination is made

Products, materials, component, Part manu- factured by nominee (s) on account of which nominated

1.

2.

3. etc.

APPENDIX 4—Contd.

Declarations

(/) I/We declare that I/We have not nominated any other person to claim the benefits of the f.o.b. value of ex- ports to the extent covered by nomination made above :

(tt) I/We declare that the nominee (s) is/are actual user(s) engaged in the manufacture of goods indicated in the above statement. If any amount is paid to the foreign buyer at any time on account of anypcnalty or damage psrtaining to the exports covered by their application, tho intimition thereof shall be sent to the licensing authority.

Signature

Name in Block letters

Designation

Residential Address

Dated

Part B

11. Registration No. allo- tted to the applicant by the DGTD/State Dire- ctorate of Industries/ any other sponsoring authority.

12. Particulars of A. U. licence on the basis of which nomination is being claimed (Photostate co- py of A.U. licence to be enclosed.

13. CI.F. value in rupees of the licences applied for

14. List of items applied for

Particulars of the nominee

(To be filled in by the nominee of the registered exporter. If there are more than one nominee, this form should be filled in by each nominee separately).

1. Name of Nominee....

2. Full Postal Address—..

(/) House/ Shop No (//) Name of Street/Road.. (Hi) Name of locality & City

(/v) Name of State

3. (a) Telegraphic Address

(b) Address & location

of Factory

4. Date of establishment of business in India

5. Nature of the concern,

whether Public Company or Private Company/Pa- rtnership or Hindu un- divided family concern

6. Name of Directors, pa-

rtners, Proprietor or Ka- rta as the case may be

7. Details of head office branches or associated companies (name and location) :

(Five copies of the list to be furnished —Separate sets of lists should be fur- nished for (0 items sought to be imported from Ru- pees Payment Area (it) items of tools and jigs and equipment (til) other items

Item Pt. S.No. Country of Import C.I.F. Value

15. State the basis on which items of import are clai- med viz, on the basis of (a) A.U. licence (stating A.U. Licence No. and date enclosing original or photostate copies there- of (b) Sponsoring auth- orities recommendation on prescribed proforma (enclosing the same) (c) Col. of Section II of Vol. II of Red Book

16. C.I.F. value of canali-

sed items if applied

17. CI.F. value of other items

if desired from Stocks of STC/MMTC

18. Is a letter of authority

desired if so, name of the firm in whose fa- vour it is desired

19. The Customs house wh-

ere the import licence, if granted, will be regis- tered __,

Undertaking

(/) In India (//) Abroad

8. (a) Current IVC Num- ber valid for the pe- riod of application

(b) Previous IVC Num-

ber

(c) If no I.V.C. No. has been allotted, indi- cate tho particulars of the application made if any for allotment of I.V.C. No

9. Name of the Industry

and the purpose for whi- ch the raw materials /co- mponents are required

10. Description of goods

manufactured

I/We hereby undertake that, if as a result of scrutiny of the licensing authority at any time , of the application of the Registered Exporter, any excess licensing is found to have been done to me/us as nominee, the same shall be liable for being against future licences due to me/ us under any category without prejudice to any other action that may be taken in this behfaf.

(2) I/We declare that I/We hold a United Registration certificate issued to me/us as a manufacturer by tho sponsoring authority and the same has not been withdrawn or cancelled. or suspended.

For SSI/ Non-DGTD Unlti

(3) I/We hereby declare that I/We have not acquired nominaion of or a value exceeding the prescribed limit of ten times the value of the U. A. licence/ Release Order (A.U. licence/ Release Order on the bsis of which nomination is being claimed)

APPENDIX A—Contd.

by the Liceniing Authority at any time, of the application of Registered Exporter, any excess licensing is found to have been done to me/us as a nominee, the same shall be liable for being adjusted against futher licences/Release Orders due to me/us under any category, without prejudice to any other action that may be taken under the I.T.C. Regulations or under the provi- sions of the Industrial Development Regulation Act in this behalf.

The details of the AU licences granted to me/us so far obtained by me/us for 1973-74, 1974-75or 1975-76, as the case may be, including the value of the licence/ Release Order that is being obtained by the application. I/We futher declare that If as a result of scrutiny by Licensing Authority at any time, of the application of the Registered Exporter, any excess licensing is found to have been done to mo/us as nominee, the same shall be liable for being adjusted against futher licences / Re- lease Orders due to me/us under any category, without prejudice to any other action that may be taken under the I.T.C. Regula- tions in this behalf.

the last three licensing periods are as under:—

The details of the A.U. licences granted to me/ us for the

Description of No, and da- Licensing autho- value of the AU three licensing periods so far are as under:—•

goods te of the lice- rity licence

nee

Description of No. and date Licensing autho- Value of the A.U goods of the licen- rity by whom licence

1973-74 1974-75 1973-76

ce issued

1973-74, 1974-75, 1975-76

Since 1-4-1975 nominations have been obtained as un- der:—

Description of goods Total value of nominations Since 1-4-1975 nominations have been obtained as un- der—

Signature

Description of goods Total value of nominations

Name in Block letters

Designation

For D.G.T-D. Units and other units holding industrial licence

Residential Address

(4) I/We hereby declare that I/We have not acquired nomination, including the present application, which would enable me/us to produce goods beyond my/our authorised capacity. I/We futher declare that, if as a result of scrutiny

Date

Particulars of exports as Certified by the Exporter's BankU) against which Import Licence is applied for (the columns in

the statement should be filled tn Bank Certificate wise).

! NO. &

Name & Address of the banks

F.O.B. value

Invoice No. as given

in

(which issued the Bank Certificate)

of - export

If the export has Foreign Ag- Rate <& Amount Particulars regar- been made on d. ent comm- of import reple- ding Nomination i.f. or C & F ba- issions pai nishment due to be ffllled in s sis indicate sd or pay- where nomina- tions have been

able

Date of the Shippini Bill enclose

made)

e

Bank Certi- ficate