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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 129] NEW DELHI, FRIDAY, JULY 4, 1975/ASADHA 13, 1897

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

as a separate compilation

MINISTRY OF COMMERCE

PUBLIC NOTICES

IMPORT TRADE CONTROL

New Delhi, the 4th July 1975

Su b j e c t , — I m p o rt Trade Control Hand Book of Rules and Procedure, 1975-76—

Amendments thereto.

No. 60-ITC(PN)/75—Attention is invited to the Import Trade Control Hand Book of Rules and Procedure, 1975-76 published under the Ministry of Commerce Public Notice No. 22-ITC(PN)/75, dated the 7th April, 1975.

2. The following corrections/amendments may be made at the appropriate places indicated below:—

Page

Connections/amendments

Para No.

No.

1

2

3

The existing sub-paragraph 74(1) may be substituted by the 26

74(1)

following:— "74(1) Separate applications for spares—The existing units borne on the books of D. G. T. D. whether engaged select or other industries, should submit separate applications, or

an annual basis for import of spare parts to the licensing authorities direct. Such applications should be submitted within the list date prescribed for the purpose, in the relevant

import policy (Red Book-Volume I).

(841)

, Paragraph 84 (1) (iv) may be substituted by the following :—

35

84(i)(ro)

" (iv) The permissible spare parts of machine tools arc those which arc required for the machine tools installed or used in the licence holders fp.ctcry".

. Tlie first sentence of the existing sub-para 97(3) (A) may be 44 97(3) Q>)

substituted by the following :—

" The import applications should be or consolidated application covering all the requirements of raw materials and compo- nents pertaining to the end produce (including the related end products) to which the application pertains.

. At the end of the existing sub-para 97(9) the following maybe 45 97(9)

deemed to have been added :— "While making requests for conversion the courtry from which import of spares is sought to be made should be clearly indicated."

46 97(") (/)

. The last sentence of the existing sub-para 9 7 ( M ) ( /) may be subs-

tituted by the following:—

" In this regard it is clarified that modes of financing in the case of licence (s) to be issued under sub-para 11 (/ ) will be the same as would have been allowed it the applicant had ini- tially gotalicerce ".

69

, The word ' not' appearing in the first sentence of this sub- 131(17)

paragraph may be deemed to have been deleted.

6

132(3)

. The existing sub-para (3) may be substituted by the followirg :— " (3) Smtril Scale Units for value not exceedirg Rs. 25,000 (or not exceeding Rs. 50,000 for import from Rupee Pay- ment Area).—In respect of import applicatior s for Capital Goods from Small Scale Units fer value rot exceeding Rs. 25)Ooo (or rot exceeding Rs. 50,000 for import from Rupee Payment Area), the following procedure will be followed:—-"

After the existing sub-para 5 the following sub-paras may be 135

deemed to have been added :—

"(6) A" existing or a new unit should make only one appli- cation in a year for import of Capital Goods required for setting up a new industrial unit or for expansion/diversi- fication programmes.

84 187(4)

(7) An existing unit applying for import of rnnchirery for re- placement, balancing or modernisation can make one appli- cation in a half year. However, the applications to meet emergency situations like breakdown or in response to a specific foreign credit may be entertained at any time." The existing sub-para may be substituted by the following :— "(4) Supplementary licences :—The Industrial Undertakings in the public sector engaged in select industries and IDA Industries (excluding undertakings run departmental^ by Central or State Government) rnay also tpply for the grant of supplementary import licences for raw materials and components. The applications for supplemtnisjy li- cences in such cases should be made separately to the Chief Controller of Imports & Exports New Delhi through DGTD indicating clearly the reasons for additior el require- ments of raw materials and components, by furris>hirg the information regarding production programme, annual re- quirements of raw materials and copiponents, stock in hand expected arrivals, value of automatic licences/release orders obtained or expected to be obtained and the unutilised value of licence/release orders in hand etc. Such applications, should also be accompanied by the cor sumption certificate in the form appearingm Appendix 14 and should be made in the same form and manner and within the last date pres- cribed as laid down in the case of DGTD units in the rele- vant import policy (Red Book-Vol. I.)

190(4)

85

. Sub-para "187 (5)" referred to in this para may be read as ^187(3)."

85

191

The words " piioiity industries" rnay be read as "select industries."

I92(l)& (2)

85

Do.

86 192(8)

Do.

86

. The first sentence of the existing sub-para 194 (1) may be deemed 194(0 & (3)

to have been substituted by the following :•— " 194 (1) The emergency licence for spares.—Tbc lacility provided to actual users for grant of cmeigcri_y licences for import of spare parts will also be available to industrial undertakings in the public sector up to a tolal value of Rs. 25000/- in each case during the course of the licensing period."

The existing sub-para 3 may be read as :—

" (3) Applications for import of spare parts may be consi-

dercd by the licensing authority to enable public sectoi undertakings- to make an after-sales obligations. Value of licence in such cas*e may be determined within o-1 percent of the ex-factory value of production dunre the last 3 years in respect of machinery, equipments etc. which require after sales servicing. Applications under this provision should be made in the manner as indicated in para 100 in Chapter IV of this Book. Such licences shall be subject to the same conditions as laid down in the said para ico."

. The existing para may be read as under :—

89

Z I3

" Applications for import of capital goods and electrical plants may be made by the State Electricity Boards/Project s on the basis of foreign exchange released to cover the impoit and based on the indigenous clearance given by lhe Central Water and Power Commission. The applications should be made to CCI&E, New Delhi through Central Water & Power Commission, New Delhi.''

, The last sentence may be read as under :—

223(7)

91

" The last date for submission of applications will be as pres-

cribed in the relevant policy."

The said sub-para may be substituted by the following :—

99

251(13)

" (13) Import licences for raw matcrials/componcnts/spares issued prior to 1st April, 1975 to Actual users and regis- tered exporters on General Currency Area or Rupee Payment Area and which have an initial validity perka ol 18 months, will automatically be deemed to be valid for 24 months frorn the date of issue, provided these licences have not already been revalidated beyond their initial vali- dity period of 18 months and were valid on 31st Match 1975. This facility will also be available to the import licences issued in the name of a canalising agency with a letter of authority in favour of an actual user or registered exporters."

The word 'five' may be decrned to have been substituted by 132

•one'.

Clause 11(2) (a) (i) of Appendix

2

216 Para 5 of Appendix 5

The existing sentence in the said sub-para which reads as ' The Registiation Number allotted would be valid for the financial years April, 1968—March, 1969, April, 196s— March, 1970, April 1970 to March 1971, may be deemed to have been substituted by the following .-—

" The Registration Number allotted agairsr ike complied Income-Tax Verification Certificate will be vahd iur the

financial year in which the certificate was issued and for the subsequent three financial years. For instarce on an Income-Tax Officer's Certificate issued ciuiii g the period from April) 1968—March, 1969, the Regisiiarior Number would be valid for the Financial year April, 1968—March 1969, April 1969—March, 1970, April 1970—March 1971^ ard April 1971—Marcl^ 1972".

Appendix 13 . The existing proforrna rn&y be detrnedto ta\c betr substituted 227

by the protormain Arnexure I to this Public Notice.

22S

. (0 In Column 5, the headirg may be emtrded (oread as under:—

Appendix 14

" Particulars of all import licences and release orders (other than those issued under the import policy for Registered Exporters tor raw materials ard compel cru with the un- tihsed balance."

(ti) For the figure " ro " appearing in the declaration at the end of Appendix 14, the figure " 1 9" may be substituted.

ANNEXUBE

Statement showing details of imported machinery or indigenous machinery having

imported components for which spare parts are sought to be imported

1. CIF value of machinery imported before the year 1970 2 CIF value of machinery imported during or after the

year 1970.

3. Purchase price of indigenous machinery installed.

I/We solemnly declare that the above statement is true auid correct to the best of my/our knowledge. If at any time, this information is found to be incorrect the import licence issued will be liable to cancellation without prejudice to any other action to be taken against me/us in this behalf. Dote

Signature

Name In Block letters

Designation

Residential Address

Certificate of Chartered Engineer

I/We hereby certify that I/We have checked up the above particulars from the and found the records maintained by M/s same to be correct. Date

Signature of Chartered Engineer.

Name Address

SUBJECT.—Imports through Air India/Indian Airlines against REP licences durint

1975-76. Amendment thereto.

No. 61-rTC(PN)/75.—Import licences are issued with value on cif basis. I covers th© amount to be utilised on imports on account of coat, insurance anc freight. It has been represented that In many cases the licence holders have tc import goods by Air having regard to their urgent requirements, but the freight being higher than the sea freight, the value of the licence available foi purchase of goods abroad gets reduced to that extent, with the result that th. licence holders gets lesser quantity than what he needs.

2. This matter has been examined. It has been decided that REP Ik- holders, including holders of advance and Imprest licences Issued under the impor'. policy for Registered Exporters, and including those having REP licences issu to the canalising agencies with Letters of Authority in their name, who impor' goods against such licences through Air India/Indian Airlines and pay the air freight In India in non-convertible Indian rupees will be allowed to utilise the entire value of their licences on account of payment towards cost and insurance of the goods imported. In other words, that part of the value of Import licence which was intended to cover the amount on account of 'freight' will also be allowed to be utilised on cost and insurance in respect of the goods to be imported. The amount paid towards air freight will not be debited to the value of the licence. To this extent, the REP licence holder, will be able to import a higher quantity oi goods than what he could have imported in case the amount of 'freight' had als been debited to the overall value of the licence.

3. This facility will be subject to the conditions that (i) the Imports shall no' exceed the overall value of the licence, (li) the face value restrictions, if any, on individual items in the licence will not bo exceeded; and (iii) other conditions governing the import will remain unchanged. The facility will also apply to licences issued to the units in Santa Cruz Electronics Export Processing Zo~~, Bombay and Kandla Free Trade Zone, New Kandla.

4. It will not be necessary for the licence holders who want to avail of thi facility to obtain an endorsement from the licensing authority to this effect. Th customs authorities will allow the import in pursuance of the provisions made in this Public Notice, if otherwise in order. Similarly, the authorised dealers in foreign exchange will also not debit the amount of air freight in such cases tc the cif. value of the licence for the purpose of remittance abroad.

5. Licence holders who want to avail of this facility should have a clear stipu- lation inserted in their order and letter of credit (where opened) that the foreign shiper should advise Air India's booking office abroad that the consignment w being imported into India under REP licence and have a bold indication made on top of the relevant Airway Bill as "Import under REP licence No dated ". Such indication on the Airway Bill will enable Air India to ensure that the consignment was physically carried by an Air India flight and not transferred to a partner airline in the pooling arrangement.

6. It shall be obligatory on the licence holders/letter of authority holder to furnish to thq Air India/ftudian Airlines the particulars of the REP licence against which the import is made while approaching the Air India/Indian Airlines for obtaining delivery order in respect of, the goods imported. The particulars should be furnished in the proforma of the 'Intimation Slip' attached to this Public Notice.

7. This facility will be available to the REP licences issued on or after 1st April, 1973 and will be In force upto 31st March, 1976.

Intimation Slip

1. Name and address of the licence-holder, 2. Number and date of REP licence(s) against which the

import has been made.

3. C.I.F. value of the REP licence (s) referred

to in (2) above.

4. Value of the import consignment awaiting clearance, out

of the value mentioned in (3) above.

Date

Signature of the licence-holder or his authorised representative

B. D. KUMAR,

POINTED BY THE QENKRAL MAlfAaKR, GOVIBNMJtNT OP INDIA PHIBB, MINTO KOAD,

m rw DKLBI ANB PUBUBHED BY THI CONTROLLI8 Of PUBLICATIONS, DILHT 1 0 71