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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART I-Section 1

PUBLISHED BY AUTHORITY

No. 77] NEW DELHI, WEDNESDAY, APRIL 14, 1976/CHAITRA2 5, 1898

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

as a separate compilation

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 14th April 1976

SUBJECT: Import Trade Control Hand Book of Rules and Procedure, 1976-77

No. 30-ITC(PN)/76—A revised edition of the Import Trade Control Hand Book of Rules and Procedure is issued under this Public Notice.

2. The date "12th April, 1976" mentioned in the Foreword may be deemed to have been amended as 14th April, 1976.

P. K. KAUL,

Chief Controller of Imports and Exports.

(395)

CHAPTER i

INTRODUCTION

Historical background

(Control) Order No. 17/55, dated December 7, 1955. This Order, as amended trom time to time, continues to be in force. On November 4, 1975, the Im- ports & Exports (ConUol) Amendment Ordinance, 1975 (No. L9 of 1975j was promulgated with a view tomaking provisionss for stringent action for misuse of import facilities. The Ordinance was later re- placed by the Imports & Exports (Control) Amend- ment Act, 1976, as passed by Parliament. The Im- po,\a and Exports (Control) Act, 1947, and the Imports (Control) Order, i955, as amended upto 31st March, 1976, are reproduced in Apeadice-s 1 and 2 lo this book-

3. Items under control ;

1. Origin : Import Trade Control was introduced in India as a war time measure in the early period of the Second World War. A notification regarding this was issued on May 20, 1940, in exercise of the powers conferred under the Defence of India Rules. The primary objective of this notification was to con- serve foreign exchange resources and to restrict phy- sical imports so as to reduce the pressure on the limit- ed available shipping space. Under the initial order the import of only 68 commodities, mainly consumer goods, were brought under control. Subsequently, as foreign exchange resources came under pressure, im- port control was extended to other commodities as well. On December 31, 1940, unmanufactured and semi-manufactured steel were brought under control. On February 15, 1941, the import of machine tools was controlled. On August 23, 1941, many other commodities particularly capital goods and other in- dustrial requirements were brought within the purview of import control. This process of increasing the coverage under the import control continued. In Jan- uary, 1942, some more items were brought under its purview. Finally, on July 1, 1943, a consoli- dated notification was issued covering all the control- led items, except machine tools.

2. Development of the legislation :

At present, Import Control covers practically all articles and these are included in Schedule I to the Imports (Control) Order, 1955. The import of such items is prohibited except under and in accordance with a licence or a customs clearance permit issued under the said Order or an Open General Licence is- sued by the Central Government, or if they are covered by any of the savings mentioned in Clause 11 of the aforesaid Order. Import of gold, silver, cur- rency notes, bank notes and cains is controlled by the Reserve Bank of India, under the Foreien Ex- change Regulations Act.

Licensing Authorities

After the end of the war, the Defence of India Rules lapsed and hence in September, 1946, the Emergency Provisions (Continuance) Ordinance, 1946, was promulgated to continue to Import Trade Control provisions. This was ultimately replaced by the Imports and Exports (Control) Act, 1947 (18 of 1947) which came into force with effect from 25th March, 1947, initially for a period of three years. Thereafter the validity of this Act was extended for two successive terms of 5 years each, one term of six years and a further term of 5 years upto March 31, 1971. Thereafter this Act was extended for an indefinite period. Several notifictions had, from time to time, been issued under this Act. These were replaced by a consolidated Order called the Imports

Licensing authorities and their jurisdiction.

(i) The Joint Chief Controller of Imports and Exports, 4-Esplanade East, Calcutta, with jurisdiction over the States of Orissa, Bihar. West Bengal, Tripura, Sikkim and Andaman and Nicobar Islands, including applications from actual users for import of iron and steel. Applications for iron and steel from the fol- lowing categories are centralised with thi*s office :—

(i) Actual users sponsored by Jute Ccra- 4. The Office of the Chief Controller of Imports was set up in New Delhi on August 23, 1941. Sub- sequently, other subordinate licensing offices were also set up.

5(1) Apart from the Chief Controller of Imports and Exports, Udyog Bhavan, Ncv Delhi (leleera- phic address and telephone numbers CHIFCONIM- PEX New Delhi (371275), there are the following regional licensing authorities. Their telegraphic ad- dresses, telephone numbers and iufisdiction are given below :—

Telegraphic address & telephone number CONIMPEXTRA CALCUTTA 236830

•issioner/Tea Board.

i-G.irCofTAE/76

(ii) Public Sector undertakings, including STC, MMTC, major steel plants in the private sector, but excluding public sector undertakings borne on the books of DGTD. However, applications from public sector agencies for the items the import of which is canalised will be dealt with by the CC1&E (RM Cell) Udyog Bhavan, New Delhi.

(iii) Import application against Govt. con- tracts, i.e. contracts placed by the DGS&D, Railways and Defence.

(iv) Applications for import of ships for

breaking purposes.

(ii)

CONIMPEXTRA BOMBAY 298040

The Joint Chief Controller of Imports and Exports, New Central Govt. Office Building, SE Wing, New Marine Lines, Churchgate, Bombay-400001, with jurisdicition over the whole of re-organised States of Madhya Pradesh and Maharashtra, including appli- cations from actual users for import of iron and steel. (Applications for import of iron and steel from actual users in the large scale sector and sponsored by the Textile Com- missioner are centralised with this office).

(Hi)

CONIMPEXTRA MADRAS PMB 21351

The Joint Chief Controller of Imports and Exports, Customs House, Madras, with juri- sdiction over the whole of Tamil Nadu State, including applications from actual users for import of iron and steel.

Civ)

CONIMPEXTRA NEW DELHI 275409

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

(v)

CONIMPEXTRA PAN JIM 2743

The Deputy Chief Controller of Imports and Exports, Ashirwad Building, Paniim 'Goa), with jurisdiction over Goa, Daman and Diu, and Dadra and Nagar Haveli, in- cluding apolications from actual users for import of iron and steel.

(vi)

CONIMPEXTRA ERNAKULAM 31397

The Denu'v Chief Controller of Import 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.

(vii)

CONTMPEXTRA KANPUR 69648

The Deputy Chief Controller of Imports and Exports, 7/194. Swaroop Nagar, Kan- pur-2, with jurisdiction over the whole of Uttar Pradesh, including applications from actual users for import of iron and steel.

(viii)

CONTMPEXTRA AHMEDABAD 26427

The Deputy Chief Controller of Tmnorts and Fxnorts. Multi-storeved office!; Building near Lai Darwaia. Ahmedabad wi*h jurisdiction over the whole of Guiarat State excludine those districts of old Bombay State which were formerly known as Saurashtra. includ- ing applications from actual users for import of iron and steel.

(ix)

CONIMPEXTRA HYDERABAD 32061

The Deputy Chief Controller of Imports and Exports, Premises No. 11-6-860, Red Hills, Hydrabad, with jurisdiction over the whole of Andhra Pradesh, except areas which are under the jurisdiction of Controller of imports & Exports, Visakhapatnam, includ- ing applications from actual users for import of iron and steel.

(x)

CONIMPEXTRA BANGALORE 74232

The Deputy Chief Controller of imports and Exports, Syndicate Bank Building, P.B. No. 9688, Gandhi Nagar, Bangalore-9, with juri- sdiction over the whole of Karnataka State including applications from actual users for import of iron and steel.

(xi)

CONIMPEXTRA RAJKOT 24410

The Controller of Imports and Exports, Dcsai Building, Bhupindra Road, new Town Hall, Rajkot, with jurisdiction over those districts of old Bombay State which were formerly known as Saurashtra and are now included in Gujarat State, excluding Kutch, including applications from actual users for import of iron and steel.

(xii)

CONIMPEXTRA PONDICHERRY 411

The Controller of Imports and Exports, P.B. No. 14, Pondicherry with jurisdiction over Pondicherry, Karikal, Mahe and Yaman, including applications from actual users for import of iron and steel.

(xiii)

CONIMPEXTRA VISAKHAPATNAM 2784

The Controller of Imports and Exports, 25.8.109, Main Road, Visakhapatnam, with jurisdiction over four districts of Andhra Pradesh, namely Srikakulam, Visakhapat- nam, East Godawari and West Godawari, including applications from actual users for import of iron and steel.

(xiv)

CONIMPEXTRA AMRITSAR 45203

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

(xv)

CONIMPEXTRA SRINAGAR 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).

(Tvi)

CONIMPEXTRA NEW KANDLA 7035

The Controller of Imports and Exports, Administrative Building, Kandla Free Trade Zone, Gandidham (Kutch), with juris- diction over those districts of old Bombay State which were formerly known as Kutch and are now included in Gujarat State (in- cluding New Kandla Free Trade Zone), but excluding areas in Saurashtra, including applications from actual users for import of iron and steel.

tXV1.ll

UUMLMPtXTRA SH1LLONG 3360

!'r.ie Controliet vL impom and Exports. Morele Building, Shillonp,. with jm isdictio.:. over tlie State of Assam, Mc^halaya, Mfini- pur, Nagaland, Arunaclu! Pradesh and Mizoram, including applications from actual users Cor import of iron and atcel.

(xviii)

SEEPROZONE BOMBAY 258551

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

REGNALSTEEL FARIDABAD 3093

The Deputy Chief Controller of Imports & Exports (Iron & Steel), Central Govt. Offices Buildings, New Township-TV, Faiidabad with jurisdiction over actual users sponsored by the DGTD, including public sector industrial undertakings borne on the books of the DGTD and actual users situated in the States of Rajasthan, Punjab, Haryana, Himachal Pradesh, Delhi and Chan'igarh (excluding those sponsored by Jute Com- missioner, Tea Board and Textile Com- missioner)

(2) The jurisdiction of the licensing authorities for

CHAPTER II

GENERAL LICENSING PROCEDURE

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

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

Categories of Importers

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

divided into the following broad categories : —

(3) As u measure of simplification of procedures i'or a prompt disposal of import applications for raw materials, components and spares from actual users uud i^gisiered 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 import application.

Persons authorised to sign applications

(i) Established Importers, (ii) Actual Users : (a) Industrial. (b) Services (i.e., non-industrial). (c) Hospitals and Institutions.

(iii) Registered Exporters to whom licences are issued under the 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. The 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) established importers, (ii) actual users, not borne oa me registers ot 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 Cruz, Bombay, for revalidation of import licences, for replacement licences, for im- port licences for spare parts and for imports by canalising agencies. These forms are given in Ap- pendix 3 of 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 o" the books of the D.G.T.D., may also be available from the offices of the State Directors of In- dustries.

10. (1) An application for import licence should be accompanied by a fee, in accordance with the scale prescribed in Schedule III to the Imports (Control) Order, 1955, dated the 7th December, 1955, reproduc- ed in Appendix 2 to this book. The scale of applica- tion fees has been revised with effect from die 1st May, 1967, and the 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 application for additional licence or replace- ment licence should also be accompanied by a fee,, in accordance with the prescribed scale.

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

( r) b< the case oi second' appeal, preferred to the Ciiief Controller of Imports and Exports, New Delhi, •j"?.inst tlu: decision of a licensing authority, a fee of ft-,. IP/- ".? required to be paid.

{'; In ilia cdvj of review application preferred to iLc Cliief Controller of Imports and Exports, New Delhi again*t bis decision on 'second appeal', a fee of Rs. 10/- is required to be paid.

(6) In respect of an application for transfer of REP 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 of a licence, a fee of Rs. 50/- is required to be paid.

(8) Head of Account : Fee should be deposited, in cash, at any Government Treasury, office of the State

if the import is made through another agency, under a letter of authority.

(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

Bank of India or the Reserve Bank of India, transacting the business of Central Government, for credit to the Central Government under a separate head 'Import Licence Application 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 Export Trade Control Organisation', 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 must also contain details of the treasury receipt, under which the requisite fees has been deposited.

(9) 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.

(10) Applicants are advised, in their own interest, to prefer the treasury challans to the licensing autho- rity, complete in all respects. Incomplete treasury challans will not be accepted.

(11) In case where an applicant has lost the original treasury/bank receipt or chalJan the licensing authority may accept a certificate from the treasury office/bank/ Accountant General, Commerce,, Works and Miscel- laneous, New DeJhi, in support of the amount having been deposted. In such case, the applicant should also file an afiidavit on a stamped paper to the effect that the treasury/bank receipt/challan, in question has been lost and has not been utilised in obtaining or applying for a licence or for claiming a refund or in 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 where 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 entcrtainable, 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 111 to the satid 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 news print 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 of 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 (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 Delhi, 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 refu'nd 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 invalidation 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 tor such rejection to the applicant.

the classification of all the articles that enter into the import trade. The old 1TC Schedule was divided into six parts and broadly covered the following classes of goods :—

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 Certificate/ 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, the applications for such allotments should also be supported by valid I.V.C. Registration/Exemption Number.

(3) The procedure for allotment of Income-tax Verification Certificate Registration/Exemption num- bers (I.V.C. No.) is set out in Appendix 5 to this book. It is not necessary for an applicant to obtain separate I.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 I.V.C, Registration/Exemption Number allotted against a complete Income-tax Verification Certificate will be valid for the financial year in which the certificate is issued and for the subsequent three successive financial years.

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

(6) Interim relief : In the absence of a valid I.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 I.V.C. Registration/Exemption Numbers in good time so as to be able to quote the same in their appli- cations for licences. However, in cases of genuine di- fficulty, the h'censing 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 the 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.

Part 1.—- Iron and steel and non-ferrous metals and

manufacturers thereof.

Part II.—

(i) Metals and manufacture thereof other ihan those covered by Parts, I, IV, V and VI of the I.T.C. Schedule.

(ii) Machinery, spares and mill stores required for certain industries like jute, tea, iron and steel, electric supply undertakings, mines and quarries.

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

(iv) Certain types of electrical instruments appa- ratus and appliances, electric control and transmission gear, electric fans and carthen- ware/procelain 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 mill 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, manures, paints and colours and printers materials, printing and lithographic materials, agri- cultural implements and instruments and apparatus and appliances, plastic materials aud manufactures.

Part VI.—Machine tools.

(2) With effect from 1st April, 1976 the Schedule- 1 to the Imports (Control) Order, 1955 reproduced in Appendix 2 to this Book has been revised in Align- ment with the First Schedule of the Customs Tariff Act, 1975 (51 of 1975). The Revised ITC Sche- dule contains 21 Sections sub-divided into 99 Chap- ters.

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

(7) In cases where the applicant has lost the origi- nal communication containing I.V.C. Registration/ Exemption Number, he may apply to the licensing authority concerned for a duplicate copy on payment of fee of Rs. 5/-.

Classification of stores

14. (1) The Schedle I to the Imports (Control) Order, 1955, reproduced in Appendix 2 to this book, commonly known as the I.T.C. Schedule contained 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.

Currency area*

Correct classifwunon to be. ascertained bejorc making

any application for licence

16. (1) An intending importer should ascertain the correct l.T.C. classification of the goods he intends to import (with refrencc to serial or sub-serial num- ber and Section/Chapter of the l.T.C. Schedule), so that he may be able to apply to the proper licensing authority for a licence and to know exactly the licen- sing poolicy in respect of the articles for which he is applying. If an article is incorrectly classibed by an importer, there is a possibility of the application for licence being diverted to a wrong licensing authority or of its being rejected. The importers should, therefore, in their own interest, make sure of the correct classifi- cation 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 tb:- F.l.C. classification can be corrected while; issuing LI licence. Moreover, if au article is correctly described in the import licence, even if the l.T.C. cias'iilicLition shown against that item is not correct, the importer is not likely to experience di'nculty in the clearance of poods on arrival.

18. (1) Previously, the countries of the world were divided into two major groups (i) the Dollar Area and (li) 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.) Import licences of the following two types are

rjow issued :—

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

import from all countries; and

(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. So, licence is valid for import from South Africa/ South West Africa. 'General Area' includes all coun- v.\.:s except South Africa/South West Aferica. Import lie.'nces are also not valid for import from Rhodesia vide Government of India, Ministry of Commerce Order No. 9/65, dated the 17th November 1965, front Tibet region of China vide Ministry of Commerce Order No. S.O./3742, dated 17th December 1962.

Licensing period

Procedure I or ascertaining correct classification

19. Previously, the import policy was published, on bail-yearly basis. But. with effect from the financial y.. ;ir April 1962—March 1963, the Import Trade Con- trol Policy Book (Red Book) contains the policy for a whole financial year.

Import policy

17. 1) An exhaustive alphabetical index of articles i;, attached to import Tr.'sU; Control Policy Book, issu- ed i'rom time to lime; and this will enable the importer to ascertain the correct l.T.C. classification of any particular article. If an importer is in doubt in regard to the correct cla.ssifii:-.:ti

20. (1) The import policy is announced on the

it

(2) With effect from the period April 1968— March 1969, the import policy has been published in two separate Volumes. Volumes I contains the import policy for established importers, actual users and others excluding registered exporters and Volume IF 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 l.T.C. classifi- cation of an article or where there is a difference behveen one regional aulhorify rind the other in regard to such classificoiion, the matter IK referred to the Chief Controller of 1m perls and Exports, New Delhi. Such references are .resolved by a Committee in the Ofiice of the Chief Controller 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 l.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 in para 5 of this book.

(2) Unless otherwise provided, an application for import licence in 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-

Licensing authority in respect of iron and steel items

my iiic applicant snouui apply 10 tile particular Jicen i.ing authority under whose jurisdiction his business is established. But, hi the case of an actual use,, 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 cases where any specific licensing authorhy has been shown against any item, as for example, tiumbay, Calcutta, etc. all the applications for that ilern should be made to that authority, irrespective of the jurisdiction of any other licensing authority, in relation to the location of the applicant's business or factory, unless otherwise provided.

(3) Thp 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 o[ this book, through the sponsoring authority con- L;\ned, unless otherwise provided. Where an actual user lias got factories and organisations at different places falling under the jurisdiction of different licensing authorities or one licensing authority he should submit fi.pi'Lutc applications for each unit in respect of each OK.1 product (which includes related end products) to the licensing authority concerned through the sponsor- ing authority.

However, in case of actual users borne on the n^iile; of DGTD and having factories or organisa- tions at different places, the head office may submit n'.'iiy-ilidated applications covering the requirements in resjject of raw materials, components and spare parts tif all the factories and organizations in respect of the tianie end-product (which includes related end-pro- ducts) to the CCi&E throuh the DGTD. The require- ments of each factory or unit may be separately enu- merated in a list to be appended to such application. On such consolidated application, the licensing autho- rity will issue separate licences in respect of each fac- toiy 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 otiice 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 ol an established importer having offices in Delhi and Calcutta if the quota certificate is in the name of Deiiii office, the application should be addressed to the Joint Chief Controller of Imports, and Exports, Central Licensing Area, New Delhi. The same prin- eipfc will apply where different branches of an estab- lished importer have been functioning as separate entities and having their own quota certificates. A branch situated in the jurisdiction of Joint Chief Con- troller of Imports and Exports, Bombay, will apply to him for licences against all its imports through different ports; while the branch situated in the juris- diction 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 atten- tion is also invited to the provisions of para, 46 of Chapter III regarding the selection of a common basic year bv the head office and all its branches.

11, Kij Ihd joint Caki Controller of Imports & bxpwts, Bombay (Iron & Steel Division), the Joint Cilia Controller of lmpvin<; & Exports, Madras (Iron & Steel Division), the Joint Chief Controller of Im- ports and Exports, Calcutta (Iron & Steel Division) and the Deputy Chief Controller of Imports & Exports (Iron and Steel), Faridabad are the licensing autho- rities for Controlled items of Iron and Steel including ferroy-alloys) falling in Part I of the I.T.C. Schedule. (Chapter 73 of revised ITC Schedule)

(2) From 1st April 1972, the Deputy Chief Con- t; oiler of Imports & Exports, Kanpur, and the Con- troller oi: Imports & Exports Srinagar/Jammu have been the licensing authorities in respect of Iron and Steel items in the case of actual users situated in their jurisdiction who were hitherto under the jurisdiction ol die Assistant Iron & Steel Controller, Faridabad.

(3) From 1st April 1973 the Deputy Chief Con- troller of Imports & Exports, Ernakularn (Cochin) urn] Controller of Imports & Exports, Shillong, will be the licencing 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 Ct iitrollcrs o[ Imports & Exports, Hyderabad, liangaiore, Ahmcdabad and Panjim and Controllers of Imports & Exports, Pondicherry, Rajkot and Vi- sakhapatnatn will be licensing authorities in respect of iron and steel items for actual users situated in their jurisdiction.

(5) l.O.A. Industries.—Actual users engaged in the I.D.A. industries (listed hi Appendix 6) should, in respect of their requirements for iron and steel items for 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 proce- dure for submission of such applications laid down in Chapter IV of this book.

(6) Kand'ui Free Trade Zone.—The licensing authority in respect of iron and steel items in the ease of units situated in Kandla Free Trade Zone, is the Controller of Imports and Exports, Kandla. From 1st April, 1976 the Controller of Imports and Exports, New Kandla will also be the licensing authority in'res- pect of Iron wri Steel items for other actual users situated in his jurisdiction.

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

(8) Registered Exporters policy.—Applications for

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

(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 sdvice" and the Customs authorities at the port ol clearance will debit the "release advice".

One application for each commodity irt otie licensing

period 23. (1) An applicant should make only one appli- cation in a licensing period, in respect of goods failing under the same serial or sub-serial number of the I.T.C. Schedule, except in the following cases or where other- wise provided :—

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

Last date for submission of applications

(a) Machinery items, required by actual users. (b) Raw matcrials/cotnponents/spares required

by actual users; and

(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 are 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 concened, as the case may be, before the last date. An application re- ceived alter 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.

Registration of Licences at Ports

(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 dace 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 their applications for import licences, the particular port where they intend to register the licence, if issued, with the Customs authorities. The licensing authority con- cerned will indicate in the licence the port of icgistra- tion 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 indi- cated on the licence.

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

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 hi the prescribed form should

be given faithfully and correctly.

(iv) The description and LT.C. classification of the payment of application fee on the value applied for, application 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.

(.viij 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 I.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,

(xiij 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.

(xvj) "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 in 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, it 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 conditions attached to the licence, has been duly authen- ticated 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 authority for doing 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 atleast one financial year (1st April to 31st March) falling within ihe 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, (ii) a partnership firm, (iii) 'a. karta of a Hindu undivided family in 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 licensing periods. (This restriction will not apply to cases in which past imports are against-quota licences for two successive halt yearly licensing periods forming part of the same financial year.)

Basic Period

28. (1) With effect from April 1976—March 1977, the basic period will be from 1-4-1951 to 31st March 1974, for all items, unless otherwise provided.

(4) Except in cases covered by sub-para (3) of this paragraph the importers can apply for re-iixation or re-establishment of their existing quota certificates on the basis of past imports during any of the years from 1961-62 to 1973-74, or during any other year, within the prescribed basic period, provided such other year has been included in the basic period for the first time during the licensing period 1968—-March 1969, or the importer was unabJe to apply for re-fixation of quota earlier on account of a change in the ownership or constitution of business for which the application fur 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 wiH 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 195051, will continue to be accepted for the grant of quota licences until further notice.

(3) No applications for refixation 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 interchangcabi- 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 basic 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 ode 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 io established importers by the Headquarters Office of ihc Chief Controller of Imports and Exports, the appli- cations for establishmcnt/refixation of quota cerlifi- cni.es 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 rccheck 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.

Document* to be juriiished jor fixation or rc-jixatiun

of quotas

31). i,i) A. quota certificate is issued on the basis

ol ilie following documents :

(i) (a) The triplicate copy of the Customs Bill of Entry for home consumption; (b) in the case of. goods bonded on arrival, a copy oi original 'into bond¹ Bill of Entry and 'Ex- bond' Bill of Entry certified by the Customs authorities; (c) in the case of duty-he^ goods, the Exchange Control copy of theto.ili of Entry.

(i) Invoice pertaining to the goods imported;

(iii) Bank memo, bank draft or other evidence o' payment, such as a certificate from ihe con- cerned bank or the original Exchange Con- trol copy of the licence showing endorsement of the amount remitted duly authenticated by the Bank, and particulars of licences etc. along with a copy thereof agaimt which ihc imporLs 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 Reserve Bank of India, the triplicate cop;, of the Bill of Entry, or a certified true copy of the Bill of Entry will be accepted.

(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 authority may accept the 'Ex-bond' Bill of Entry in lieu of 'into bond' Bill of Entry, provided the import;/ files an aflidavit :-—

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

(2) that no transfer 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 trie same goods from 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) Tf, for valid reasons, an importer is unable to produce the Customs copy of the Bill of Entry where snch copy is required to tw oroduced. but twoduce* fh" Richer?' Control Copy thereof or a true copy of the Bill of Entry certified by the Customs authorities, the case may be considered on 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) In 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 jn 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 sari: 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.

(v) In the ense of imports from Pakistan, Land Customs Appendices supported by corres- ponding invoices, and Solas (Bank memos) and any other satisfactory evidence of pay- ment 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 photostat copies of the documents of past imports. Where an applicant is not readily In a posi- 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 nufnorifv concerned. Such provisional quota cer- tificate will bear the following endorsement—

'•provisional for one period only and subject to regularisation on furnishing the certified co- pies or photostat copies of all the documents of oast imoprta to the licensing authority"

On production of the copies of documents of past im- ports, the above endorsement will be deleted.

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 completed 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 licens- ing period on former General Area and former Soft Currency Area in respect of past imports falling in different 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 Bangla 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 under a letter 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.Q. or not.

(h) Imports made aganst 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/III and S. No. 65/V of the I.T.C. Schedule.

(i) Imports of goods of no commercial value

made under O.G.L. TV.

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

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 applving for reflxation of quotas on the General Area, invariably submit their quota certificates on Pakistan and Bangla Desh along with their old quota certificates on soft Currency Area/Dollar Area.

(k) Imports made against "replacement Scon-

ces".

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

personal use or imports as samples.

(m) Imports of equipments against licences issued under the Irrigation Projects Licens- ing Scheme.

(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.

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 :—

(a) TmDorts made in contravention of the Im- port Trade Control rules and regulations.

(b) Imports made without a valid licence and

cleared under a warning.

(c) Imports made in excess of the value of the licence and allowed to be cleared by the Customs authorities whether on payment of (o) Imports made by an actual user under O.GX. or otherwise of goods which were used by 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.

(r) Imports made against licences issued under the National Defence Remittance Scheme

(N.D.R.S.),

(s) Imports of an item falling undsr a particular serial number of 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 hi force.

account the past imports of such Hem oi 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

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

Imports allowed wider warning by Customs—Accept-

ance for fixation of quota

Procedure for submission of applications for establish-

ment of quotas

34. In some cases, where goods are imported un- der a licence, the Customs authorities may find some discrepancy in the goods and the imports may not be exactly covered by the licence against which the goods arc sought to be cleared. Again, there may be cases where the goods arc 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 Custom authorities may warn the importer and may permit the clearance of goods. Such imporLs, 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 other- wise admissible.

37. (1) Applications for establishment or reftxa- tion 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 fixa- tion/refixation 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 duty free goods cleared for home consumption the date of the Import Duty Free Number (I.D.F. number).

(c) In the case of goods bonded on arrival and subsequently cleared from bord for home consumption, 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 laud route, the date on which Customs duty is recovered by the Customs authorities; in the case of duty-free goods imoorted by land route, the date on which the Land Customs appendices are passed by the Customs authority for clearance of the goods for home consump- tion.

(iv) a statement giving reason to prove the ne- cessity for the establishment or refixation of the quota.

(2) Applications for establishmcnt/refixation of quotas will be entertained, if otherwise admissible, in respect of items for which the basic period has b:en 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 i'n the import trade in the pevious licensing 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 separte 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/ refbtatlon of quota will be entertained in respect of any serial numbers or sub-serial number where the delay in maing 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 rc-

flxation 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,

Procedure for auota fixation in case of change in the

classification of items

36. In cases where classification of an item or arti- cle changes from one serial number of the T.T.C. Sche- dule to another, the licensing authority will take into (5) The application for establishment/re-fixation of quotas should be made, complete in all respects, within the date prescribed in the relevant Import

Trade Control Policy Boot> However, m tnse& wncix there is a change in the name, constitution or owner- ship of a business requiring recognition by the I.T.C. authority, it is not necessary for the new or the recons- tiuted concern to submit their applications for the establishment/re-fixation of quotas within the prescrib- ed date in respect of past imports standing in the name of the original concern. In such cases, the applica- tion for establishnient/rc-fixation of quotas should be made within a period of 30 days from the date of the applicant's recognition as new established importer.

ill,; Wflcre an importer Holds a quota cemflcaK for a serial number which is &ubGCqueisiJ> split into various sub-serial numbers; JOHU. of which are banned, tin: o.i initial tiuriu certificate may be split up by issuing lieMi quota certificates in respect of past imporis 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 polcy for the grant of licences for spare parts against the past imports of sucii banned machinery the quota certificate ma> be issued for such machinery in spite of the bau 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.G.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 wfiich quota certificates /licences will

not be issued

(6) Late application jor quota ; Applications for establishment/refixation nf. 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 arc 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 appli- cation 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 subpara- graph.

(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 whicii such late or deficient application has been 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 percentage on articles as given In the relevant Imp- ort Trade Control policy.

The value of past imports on whjen no quota certificate will be granted.

(i) 25% or less (ii) Over 25%

Rs. 100/- Rs. 200/-

(2) An established importer will not be eligible to a licence where his entitlement uner 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.G.L, or S.G.L.

or which are banned for import or whose

Imports are canalised

38. No application for fixation or refixation of quota for items which are under O.G.L. or S.G.L. or which are banned or whose imports are canalised through some particular agency and are not open to established importers, will be entertained. However, to avoid hardship that may be caused by the strict application of this rule, the licensing authority may 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 flnaiisation of the case, it so happens that the import of the item is banserj, the quota certificate may not be refused merely on the ground that the item had been subse- quently banned

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 is made. However, there may be cases where the grant of the quota certificate is delayed for one reason 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) Tf 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 replv even after this time Halt, be can bring the matter

to the notice 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 bi Section 1 of the Import Trade Control Policy Book for January-June, 1955 period it was notified that with effect from July-December, 1955 licensing period, the old quota certificates on non-security 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).

(3) The documents of past imports on the basis of which the quota certificate has been issued, need not be produced by the applicant along 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 for issuing the licence.

Issue of duplicate quota certificates

42. (1) 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 be- fore a 1st Class Magistrate or a Notary Public.

(2) Where a quota certificate on security form gets 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 quotn certificates in such cases should be made to the licen- sing authority who had issued the original quota cer- tificate in question.

(4) It will be ODen to the licensing authority to ask for the original documents such as Bill of Entry. etc., to verify the applicant's past imports before issuing 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. In such cases, the established importer should make applications for quota licences within a period of 30 days from the date of endorsement of quota certi- ficate or issue of fresh quota certificate, based on the applicants recognition as established importer. How- ever, 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 obtaining the import 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 establishment/rc-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 liccnc: 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. (1) Established importer can get quota/ additional/supplementary licences on the basis of a valid quota certificate issued on security form interim of the police in force.

(2) The application for licence should be submitted by an applicant in the prescribed form, complete in all respects, so as to be received by the licensing authority concerned within the date prescribed for this purpose in the relevant Import Trade Control Polcy, and duly accompanied by :—

(a) A valid quota certificate issued on security

form:

(b) Treasurv/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-

2—ICC of IAE/76

(6) Where an applicant has submitted an applica- tion for cstabiishment/refixatjon of quota complete in all respects within the last date prescribed for the submission of such application he should submit his application for licence within 30 days from the date of issue of the quota certificate or within the last date prescribed for submission of applications for licences in terms of the relevant import trade control J policy, whichever date is later where an applicant has submitted an application for refixation of quota but such application is rejected, and the applicant wants to annly for import licence on trie basis of the quota certificate already held by him, he should sub- mit his application for the licence within 30 days from the date of such rejection of the application for refixa- tion of quota, even if the applicant intends to make an appeal against the rejection.

(7) Applications receive 1 after the prescribed date are liable to be summarily rejected. Applicants are therefore advised in their own interest to submit appli- cations complete in all resoccn much in advance of the prescribed last date. The Ik-ensing authority mav. however, entertain an application from an established importer for quota /additional/sunnlememarv 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 appli- cation or where the deficiencies are completed within a period of 30 days from the date on which the appli- cant is informed of the deficiencies by the licensing authority. But in such case, the value of the quota/ additional/supplementary licence, if otherwise 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 appli- cable to minimum value quota/additional/supplemen- tary licences.

Note.—The absence of a treasury challen 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 consider- ed 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 appli- cant's entitlement in such a case will be 50 per cent or 75 per cent, as the case may be.

(i) In the case of items which were licensable from Soft Currency Area only during Octo- ber 1960/March 1961 licensing period,-the established importer, holding two quota cer- tificates 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 the 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.

(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 im- porter holding two quota certificates in res- pect 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.

Procedure for calculating the 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 April 1961—September 1961. Consequently, established imp^ters are required to mate only one application for a quota licence on 'General Area', on the basis of the past imports in any financial year within the pres- cribed basic period, in respect of articles falling under the same serial number or sub-serial number of the I.T.C. Schedule.

(3) In the case of serial number or sub-serial num- ber for which separate quota licences could be issued immediatelv before the removal of distinction between the two currency areas, i.e.. during October 1960— March 1961 period, on the former General Area and the former Soft Currency Areas respectively, the parties holding two quota certificates in respect of oast imports from Dollar and Soft Currency Area failine in different basic years, will be eligible to receive quota licences on the combined value of two quotn certificates.

(4) Established importers having two quota certi- ficates in respect of an item, issued from the former Dollar Area and former Soft Currency Area respecti- vely, 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 ;-—

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 reftxed 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./subserial nos. The fresh quota certificate issued will be in respect 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.

(iii) The established importers should give decla- ration in the following form along with their applictions :—

"We possess/do not possess two quota certifica- tes for serial number/sub-serial number (to be specified) and declare that we have sub- mitted 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, separte licences wijl he

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 Con- trol Policy in the same manner as indicated in this para. The separate licences so issued will be valid for import from General Area.

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.

(4) For the purpose of determining whether the

applicants arc separate entities or branches, the follow ing will be the criteria :—

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.

(i) If the concerns are assessed to income-tax jointly i.e., have a common I.V.C. . .o., 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 Pri- vate with the same set of Directors or other- wise, which are assessed to income-tax sepa- rately and have separate T.V.C. Nos. will be treated 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 establish- ed importer on account of dissolution of the partner- ship, death of the proprietor, partition of the Hindu undivided family or any other reason, 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 admissible to all the succeeding parties, taken together 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. It may be clarified that if under the provisions'of this sub-para, the value of a licence to be issued to a succeeding party comes to Rs. 100/- or less, such party will not be eligible to the licence in terms of sub-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 dispose of all applications for import licences submitted in a particular licensing period within the currency of that period there may be cases where the final disposal of the application is delayed for the following reasons :-—

(i) Laches on the part of the applicant by mak- ing incomplete applications or by late sub- mission of required documents/information.

Established Importers having more than one office

in India

46. (1) The head office and branches of an esta- blished 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 and the same in respect of articles falling 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 Tndia have selected a parti- cular 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 (ii) Delay in the processing/consideration of the case dud to unforeseen circumstances beyond the control of the imgort trade control autho- rities or other Government department.

Tn 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 liccnsable 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 licensing period to which the application pertains. In the case of composite serial number or sub serial no. of the I.T.C. Sche- dule, covering more than one item/specifica- tion, the licence will be valid only for such of the items/specifications, covered by the serial number or sub serial number in ques-

tion as are licensiable to established impor- terras at the time of issue of the licence;

(b) Where the item concerned is not licensabk 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 hi 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- Jised through any agency at the time of issue of the licence; and

(c) 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 \ u'/ider 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 pertains.

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, indi- cating therein the nature of the change and the date from which it has takeri place. In cases where the intimation about the change is sent after the expiry of 90 days the quota entitlement of the applicant will be liable to a cut of 2 5% in 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 impor- ter should produce his quota certificate to the licensing authority concerned for necessary change therein, 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 th^ 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 transfers

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 porter. Where there is any change in the ownership 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, with- out anv 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 concern, as a whole, the quota belonging to the original concern will be deemed to have been transferred to the new con- cern. The new concern can obtain import licences on the basis of such quota, if otherwise admisible. In such cases no aoplication for TQR need be made but an intimation about the change should be sent, in the fprm given in Appendix 9 to the licensing authority 52. Where there is any change in the onwership or constitution of an established importers business ar.d, 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 muks 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 of 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 for 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 office of the applicant concern, covering all its branches, and such application should be made to the licensing authority in whose jurisdiction the head office 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;

(in) 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; ii the firm is dissolved, a deed ot 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- ever 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 (iii) below, an established 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 Lo that branch.

(iii) Where due to a change of.a sole 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. If, in such a case, an established importer transfer his manufacturing business, his estaDnsned importer quoin in respect oi items which may be required as rav, materials, components or spares in the said manufac turmg business will lapse.

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

(a) Where a quota is divided and transferred io part to several persons separately, the per- sons in whose favour the quota is transferred have to select a common basis year. How ever, wliere a person acquncs a quota n; respect of any item transferred in his favouj and he already holds a quota ha 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 wiiJ also apply in the case of amalgamation oi two nnuied companies.

(b) in cases falling under sub-paragraph 57(ii) and 57 (iii) above, the transferor and the tansferec 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 foi

TQR.

59. (1) Where an application for TQR is requir ed to be made in terms ot these provisions, such appli- cation should be made so as to reach the licensing authority, complete inall respects, within a pencd ol yO 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 the control of the applicant. If the applicant is not in a position to make an appli- cation, complete in all respects, within the prescribed period of 90 days due to the formalities to be observ- ed in getting the deed of transfer of business registered with the Registrar of Documents; he can apply by producing an attested copy of the transfer deed with an evidence to show that the original deed has been deposited for registration and should furnish an undertaking to the effect that the original deed duly registered will be produced by him within a period of 15 days from the date of registration.

(2) Wherean 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 from the date of change in the ownership, constitution or name of the business, as the case may be, or where the delay in the receipt of the application is condoned by the licensing authority, as indicated in sub-paragraph (1) of this paragraph, the 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 eflEective from the licensing period dur- ing which the application for TQR is made complete in all respects. In the 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 photostat/certified/attested copies there- of in support oi: his application for TQR. The appli- cation may, in such a case, be considered on produc- tion of the original documents subsequently to show that the photostat/certified/attested copies are correct. The benefit of TQR may in such a case be given from the date on which the photostat/certified/attcsted copies of the documents in question were received if the TQR is otherwise admissible from such date.

(4) The licensing authorities will dispose of appli- cations for TQR expeditiously. 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 with- in 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 lor the delay in the disposal 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 of 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 between the parties or the affidavit of relinquishment specifically contains a provision to this effect.

(ii) 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 grant licences to the applicant in anticipar tion of the approval, if the applications are otherwise in order.

(iii) 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 newly recognised established importers.

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

established importer will lapse :—

(ii) 11 the established importer is an individual

and is declared insolvent; and

(ii) If 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.

(iii) 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 provision of the application 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 as 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 TOR, the quota of the esta- blished importer will be reduced accordingly; and the parties found guilty of misrepresentation or contraven- tion of these rules, 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 of any items for any category.

66. If 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 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.

67. Tt will be open to the licensing authority to

reject the applications for TOR :—

(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. 1st Class Magistrate or Notary Public to the erlect that he is the rightful successor of the business for which tne licence in question was issued and tnat, in the event of any mis-statement subsequently detected in this res- pect, he will be liable to all actions and consequences arising therefrom.

Issue oj jresh quota certificates consequent on trans-

fer/division of quotas

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 fradulcnt practice in respect of his appli- cation; and

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

Permission for utilisation of quota licences.

68A. Where an import licence has been granted to an established importer and after the grant of the licence but before its utilisation, there is change in the ownership or constitution or name of the established importer's business, the new owner of the business or the reconstituted concern etc. as the case may be can not utilise the licence in question without obtaining a written permission from the licensing authority which granted the licence or from any other person em- powered in this behalf by such authority in terms of sub-clause 5(3) of the Imports (Control) Order, 1955, dated the 7th December, 1955 as amended. In such cases, an application for obtaining the necessary permission cf the authority concerned should be sup- ported by an affidavit of the applicant, sworn before a 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 appjy for TQR, the quota certificates siandmg 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 appealing thereon. An endorsement will also be majde 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 traniserred 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 shoulxl 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 endorsement/ 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 lor their own use in an industrial manufacturing process.

(2) Categories of actual users.—-Broadly speaking

there are three categories of industrial actual users, viz., (I) scheduled industries borne on the registers of the Directorate General of Technical Development, (u) scheduled industries not borne on the registers of the Directorate General of Technical Development and non-scheduled industries other than small scale indus- tries, (lii) small scale industries.

(3) Direct allotments of imported materials by canalising agencies.—During 1976-77, a new system has been introduced under which actual users will be able to obtain allotments of certain imported materials directly from canalising agencies to cover their requi- rement for a period not exceeding 12 months, without having to obtain a recommendation from the sponsor- ing authority or a Release Order from the licensing authority. For this purpose, the actual users will be required to make direct applications for allotments to the canalising agencies concerned in a prescribed form (appearing in Appendix 3) in terms of the import policy contained in Red Book (Volume I). Applica- tions for automatic licences/Release Orders and for supplementary Licences/Release Orders made to the licensing authorities should not, therefore, include these raw materials. Also, the statement of consumption etc. to be furnished by actual users with their import appli- cations to the licensing authorities should not include the cil" value of consumption of these raw materials. In respect of these raw materials, separate import appli- cations can be made in exceptional cases to the licens- ing authorities where the canalising agency is unable to supply the material within the time as stipulated in the import policy in force and where necessary evi- dence to this effect is produced to the satisfaction of the licensing authority. The detailed policy in this regard is contained in Red Book (Volume 1).

(4) Late applications by Actual Users.—-Where last dates have been prescribed for submission of appli- cations by actual users, in the relevant import policy, the applications received after the prescribed last date will be liable to be summarily rejected. The licens- ing authority may, however, accept such applications, if otherwise in order, with 25% cut in the import entitlement where the delay in the submission of the application is not more than three months.

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 superscribed "import appli- cation" and addressed to the Assistant Director (Im- port Cell), Directorate General of Technical Develop- ment, New Delhi, These applications will be forward- ed by the Directorate General of Technical Develop- ment with their recommendations to the Chief Con- troller of Imports and Exports, New Delhi, for neces- sary action. Where the relevant import policy pro- vides for submission of import applications direct to the licensing authority the applications in such cases should not be made through DGTD. Applications made under the procedure for "automatic 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" (C-I or C-II as the case may be) as given in this Book, Actual users applying for Iron & Steel items and ferro alloys should also use form "C-I-IT" (Appendix— 3), The applications should be accompanied 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 applications arc made through the DGTD). If the num- ber of licences to be issued in a particular case is more than one, the licensing autho- rity 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 required, may be cal- culated 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

Directorate General of Technical Development

70. Procedure for submission of applications for

raw materials, components and spares.—(1) Licensing

and sponsoring auhorities.—Aclua] users borne on

(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 parti- cular end-product including related end-products to

which the application pertains, but excluding iron and 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 does not arise. Unless there are special reasons, requests for amendment or addition to the list or des- cription of items or value thereof; will not be enter- tained.

(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.

(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 substituted thereof from the internal market or indigenous manufacturers 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. whereever necessary.

Select Industries

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.

71. (1) The list of priority 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 books of the DGTD (Existing Units)

(1) Import of raw materials and components

(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 allotted by the D.G.T.D. If 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 at the pescribed 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 data 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 for their import 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;

72. (1) Applications for automatic licences.—The existing units borne on the books of the DGTD whet- her engaged in select or other industries, should make applications for the grant of "automatic" licences on an annual basis for import of raw materials and com- ponents, end product-wise (including related endpro- ducts). The applications should be made in duplicate 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 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 appearing in Appendix 14, duly certified by a Chartered Accoun- tant or a Cost Accountant in practice who is not a partner or an employee of the applicant or his assi- ciates. The Cost Accountant must be a member of the institute of Cost & Works Acountants 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 verily the correctness of the information furnished in the said statement.

imported. Import licences for spare parts will be valid tor 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 lactory, including spare parts of ancillary equipments,, control and laboratory instruments and safety appli- ances subject to such restrictions or conditions ai may be imposed or applicable in terms of the relevant import policy.

Processing of applications and basis of licensing

(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 hc&nce on an annual basis for import of raw materials and compo- nents. Applications for supplementary licences should be made to the Chief Controller" of Imports and Exports, New Delhi through the DGTD, Such appli- cation should be made within the last date prescribed for the purpose in the relevant import policy (Red Book-Volume 1).

(2) Applications for supplementary 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).

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

(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- Jan furnished by the applicant is not of the correct amount which the applicant is required to pay on the value applied ior, 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

(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.

(4) Where the import policy provides that Industries other than those in select list can also apply for supple- mentary licences, the procedure for submission and processing of such applications will be the same as for the Select Industries.

(ii) Import of spare parts

74. (1) Separate applications for spares.—The ex-

isting 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 to the licensing authorities direct. Such applications should be submitted within the last date prescribed for the purpose in the relevant import policy (Red Book—Vol. I).

(2) Particulars of 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 hi the applicants units, for the maintenance of which the spare parts are sought to be imported. A proforma of the statement in which particulars are to be furnished is given in Appendix 13. Where an ap- plication for import of spare parts is made on a 'repeat' basis in terms of the policy in force, the applicant will not be required to furnish the particulars of machinery,

(3) No list of spare parts.—It will not be necessary for an applicant to furnish a list of spare parts to be authority.—While acknowledging 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 authority, if the application is submitted to it direct, may also check up whether the IVC No. quoted by the applicant in his application is valid for the period to which the application pertains 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 acknowlcdgement-cum- deficiency letter. The applicant will be given a speci- fied time-limit to make up the deficiencies.

(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 failing to submit complete monthly production returns, applications for licences will be liable to be summarily rejected.

(5) Basis of recommendation and licensing.—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 of the goods applied for from indi- genous sources or other commercia¹ chanruk, (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, (vii) policy in respect of items sought to be imported, (ix) import- ance ot 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, in terms of the policy in force. In his recommen- dation for the licence the DGTD will indicate a sepa- rate allocation tor raw materials and components and a separate allocation for spares. The D.G.T.D. will also indicate quantitative limits in respect of items licensable on restricted basis in terms of the relevant 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. I).

(6) Attestation of list of goods by D.G.T.D.—(a) The recommendation of the Directorate General of Technical Development will be forwarded to the C.C.T. & E. along with one copy of tho 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 Development 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 Ihe applicant returning to him therewith 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 application, the extra copies sent by the applicant will also be forwarded by the D.G.T.D. to the C.C.T. & E. with the application for licence. If more than one licence is recommended against an application, and the applicant has not fur- nished 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 number of copies of the list of items to the Chief Controller 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.

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 appli- cant or through D.G.T.D.; the licensing authority will check of the I.V.C. number, treasury challan and other procedural 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 Directorate 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.

(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 D.G.T.D.

(b) Copies oi: 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, the 'end-product' will also be indicated. Similarly, in the case of rejec- 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 to the following types of cases :—•"

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

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

(c) Where the goods are to be imported through

different ports.

(d) Licences for import of spare parts.

(13) Restrictions on remittances/utilisation of

(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.

(2) 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 licences.—-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.

to steel plants in the public sector as laid down in Chapter VIII of this book. In other words, the applications, as hi the case of steel plants in the public sector, will bs considered and licences issued by the Chief Controller of Imports and Exports, New Delhi.

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

76. (1) Classification into two groups.—For the purpose of import applications for raw materials, 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-product, 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 submis- sion of applications and grant of licences will be the same as for the S.S.I., 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 for 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 (Tron and Steel Industries), the procedure for submission of applications and grant of licences will be same as applicable (3) Application /w/n.—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 applicalion-cHW-recommendation form. Where an import application is required to be made through the sponsoring authority, the sponsoring iiuthority will give its recommendation in Part HI 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

b y :-

(a) treasury/bank receipt, showing the payment of application fee on the value applied for;

(b) the required number of copies of the list of items sought to be imported as indicated in paragraph 70(2) (b) in this chapter; and

(c) any other document/information considered necesary or required in terms of the previ- sions of this book; or the relevant 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 then: applications for licences, wherever necessary, are given in Appendix 15 to this book. Sponsoring authorities will forward the appli- cations with then: recommendations to the regional licensing authorities concerned as indicated hi 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-scheduled industries excluding small scale, falling in sub-group (ii) sub-para (i) of this paragraph, should make their import applications for raw materials, components and spares to the regional licensing authority in whose juris- diction 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 thor import applications to the licensing authorities indicat- ed against, each, irrespective of the place where the units is situated :—

Licensing Authority

Industry

(i) Textile other than jute and hemp

(ti) Textile engineering

Joint Chief Controller o£ Imports and Exports,

Bombay.

Joint Chief Controller of Imports and Exports,

Bombay.

(Hi) Tea including instant tea powder

(iv) Collieries

(v) Jute and rope

(vi) Coffee

(vii) Sugar

(viii) Vanaspati

(ix) Coir

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.

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

Processing of application and basis of licensing

(7) Consolidated applications.—An application 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 to which the application pertains; but excluding iron and steel items and ferro alloys or an item for which import licensing has been centralised with any particu- lar 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 discripiion of items or introducing any new item at a later stage does not arise. Unless there are 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 imoprt goods through different agents by obtaining letters of autho- rity in favour of such agents, the application for licence should be accompanied by separate lists of goods to the imported 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.

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

. . (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 sponsor- ing authorities.

(b) A form of application 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.

77. (1) Scrutiny by sponsoring authority.—In cases where applications for licences are required to be made through the sponsoring authorites, the sponsoring authority will send to the applicant an acknowledgement of the application, also indicating therein the deficien- cies 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 challan 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 sponsoring authority will see whether the applicant has paid the correct amount due from him on the value applied for. The deficiencies in the T.V.C. number and the treasury challan will also be communicated by the sponsoring authority to the appli- cant along with other deficiencies in the acknowledgc- ment-cum-deficiency letter sent to the applicant. The aplicant 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 recommendtaion for the licence, the sponsoring

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

the regional licensing authority concerned in whose jurisdiction the applicant unit is situated.

authority will indicate a separate value for (i) raw materials and components, and (ii) spares.

(b) The recomemndation 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 appli- cant giving him a specified time limit within which to make up the deficiencies. In the case of applications found to be inorder, the licensing authority will proceed to consider the case on merits on the basis of the certi- fied 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

m 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;

(vii) policy in respect of items sought to be im-

ported;

(viii) importance of the user industry to the (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 sponsoiing aulhoiiticb 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, regarding utilisation or remittances.

(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 involving 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 licensing 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) Revaluation.—The procedure for making applications for revalidation of licences is given in Chapter XI of this book.

SMALL SCALE INDUSTRIES

national economy.

(ix) needs of export production; and

(x) value of licences/release orders issued for

the previous period (s).

(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 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 the 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, foreign credits, rupee, etc.;

(c) where the goods are to be imported through

different ports; and

(d) licences for import of Spare parts, 78. Definition of small scale industries.—(1) Small scale industries will include all industrial units with a capital investment of not more than Rs. ]0 lakhs 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 original price paid by the owner, irrespective of whe- ther the plant and machinery are new or 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. 10 lakhs referred to in sub para (1) of this paragraph has been relaxed and raised up to Rs. 15 lakhs. Therefore, such units having fixed assets up to Rs. 15 lakhs instead of Rs, 10 lakhs, will also be covered by the definition of small scale industries. A copy of the Ministry of Commerce Pub- lic Notice No. 53-TTC(PN) H5 dt. 24.6.75 along with copies of the Ministry of Industry and Civil Supplies Notification and Press Note dt. 19.5.1975 is reproduc- ed in Appendix 29 to this book.

(3) The procedure for the submission of import applications for raw materials, components and spares, applicable to small scale units, will also apply w such of the non-S.S.l. units as are looked after by Slate 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.

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 liom 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 in the small scale sector, the licensing authority will be the Joint Chief Controller of Imports and Exports, Bombay.

Procedure for submission of applications for raw

materials, components and spare parts

79. (1) Licensing authorities.—The licensing authority concerned in the case of small scale industrial units will be the regional licensing authority in whose territorial jurisdiction the factory of the actual user is (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 of the following industries in the small scale sector, the sponsoring authorities will be as indicated against each :—

Sponsoring A uthority

Industry

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

(ii) Handloom industry,

(iii) Fisheries industry.

(iv) (a) Fruits and vegetable preservation indus-

try,

(iv) (b) Cold Storages.

(v) Coffee industry.

(vi) Jute and rope industry (using sisal or rna- nila), excluding laminated Jute goods, Jute textile engineering industry and wooden Accessory industry for Jute Mills.

(vii) Pharmaceutical industry and cosmetics in-

cluding tooth powder industry.

(viii) Coir industry (including rubberised coir

products).

(3) Form of application.—The prescribed form of 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 application-cum-recom- mendation form having three parts. Parts I & II are to be filled in by the applicant, Pan III 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 arc required to be made through such authorities.

(4) Applications for licences should be submitted 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 sponsoring 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 arc required. The application should be accompanied by the following :••- Textile Commissioner, Bombay.

State Director of Handiooms.

State Director of Fisheries.

Executive Director (Department of Food and Nutri- tion Board) Ministry of Agricultural and Irrigation, New Delhi.

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, Ernakulam.

(i) Treasury challan/rcceipt of Rs. 50 towards application fees, irrespective of the value of goods applied for.

(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 goods 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 Import 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

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

(c) Units engaged in select industries have not to make a separate application for supplementary licence. In 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. I ).

Processing of applications and basis of licensing

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 consideration 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 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 authority issued in favour of such agents, the application for licences should be ac- companied 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 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;

(iii) availability of foreign exchange or other

monetary ceilings;

S.S.I. Units (existing units)

(6) The existing units in the small scale sector, whether engaged in select industries or other industries should make their import applications separately tor (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 year and other documents or information as may be necessary under the relevant import policy given 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 the sponsoring authority is considered necessary and the statement is not nlready 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. T).

(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.

(iv) the stocks held and expected arrivals against the licences in hand on the date of applica- tion 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 installed capacity, actual production dur- ing the previous period, and estimated pro- duction;

(viii) any fall in production on account of circum- stances such as breakdown 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

relevant in terms of the policy in force.

(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- cations. Of these flour copies, one copy will be sent bv him to the applicant, 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 flor licenr ces subject to the following :—

(a) The sponsoring authority will not recom- mend import of any items which is not licensablc 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 for a specified end-product only, the sponsoring authority will ensure that licences are reco- mmended for items permissible for the specified end-product.

(c) If, under the relevant import policy in force, the requirements ofi 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 considepj 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 has 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 profonna invoices or he will compare the c.ij. 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 in the application form including the I.V.C. number and the treasury challan. Id 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 authorities.

authority will also send back to the sponsoring autho- rity one copy of the recommendation for licences indi- cating the action taken 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 throujjh

different ports.

(d) For spare parts separate licences will b"

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.I.) or to the controlling authority concerned, in a form which will be decided by the D.C. (S.S.I.) /controlling autho- rity in consultation with the Directors of Industries/ sponsoring authorities. Through such abstracts, the D.C. (S.S.I.)/controlling authority will undertake ex~ post-facto checks of the recommendations made by the Directors of Industries/sponsoring authorities with a view to see whether they have followed the ovcral¹ import policy and the general directions given to them.

(8) In the case of industries sponsored by the State Drugs Controllers, State Directors of Fisheries and State Directors of Handloom in the small scale sector the functions of the D.C. (S.S.I.) will be performed by the Drugs Controller of Tfndia, New Delhi; Fisher- ies Development Adviser to the Government of India, Ministry of Agriculture, New Delhi; and the Textile Commissioner, Bombay, respectively.

SI. The specific role of. the organisations of the D.C.(S.S.I.), controlling authorities, the sponsoring authorities and the licensing-authorities in the proces- 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 controlling

authorities :

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

(b) Tn cases where applications for licences are mnrle through the snonsrwiniT niithnririRc ihr- lif-p-noinfr

G—1 CC of I &E/76

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

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

NEW UNITS

(Both In the large and the small scale sectors)

(iii) To undertake ex-post-facto check of the recommendations made by the sponsoring authorities with a view to see whether the sponsoring authorities have followed the overall import policy and the general direc- tions 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 necesasry, 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 recomendations do not ex- ceed the ceiling allotted to the sponsoring authority 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 to the sponsoring authorities.

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

(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 if conditions of licences to the licensing authority and C.C.I. & E. 82. (1) Definition.—New units are those to which no import licences for raw materials, components and spares have been issued tor the licensing periods April 1974—March 1975 and April 1975—March 1976 and which have either gone into production or got the requi- site machinery installed. If an unit had obtained an allotment of imported raw materials or components through the S.T.C. or M.M.T.C. or any other recognis- ed 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.

(2) If an industrial unit has not received import licence, for raw materials, components and spares, or allotments of] imported raw materials/components as an actual user or under the import policy for Register- ed Exporters, for the licensing period April 1974— March 1975 and April 1975—March 1976, for any valid reasons to the satisfaction of the licensing auth- ority, such unit may be treated as an existing un.it 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 licens- ing authority on the basis of the recommendation of the sponsoring authority, having regard to the import policy in force and other relevant considerations.

(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 re- lated and products) to which the application pertains, for import of raw materials, components and spares in the first licensing period On half-yearly basis, through the sponsoring authority concerned. The first applica- tion should be made during the first half of the licens- ing period, and the second application should be made in the later half of the licensing period within the last date prescribed for submission ofi applications in the relevant import policy (Red Book-Voi-I). Both the applications should be made through the sponsoring authority concerned. In the subsequent licensing periods, such units will have to apply for import of raw materials, components and spares, in the same manner as laid down for existing units under the rele- vant import policy in force.

(c) Role of licensing authorities :

(i) To issue licences: in cases where licences are to be issued on the basis of the recom- mendations of the sponsoring authorities to examine whether such recommendations are in consonance with the policy/procedure in force;

(ii) In the case of rejections, to communicate

reasons thereof to the applicants;

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

(iv) To watch the utilisation of ceiling, if any (b) In the case of proposed units, i.e., those which have made firm arrangement for machinery and pre- mises and power supply where necessary and which have also reasonable financial arrangement and have placed firm orders for the import/purchase of requisite machinery, backed by letters of credit/necessary/ad- vance payment etc., the sponsoring authority will re- commend a licence against the second application only after the unit has gone into production or it has instal- led the requisite machinery.

(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 licence

or an application fiom a new unit for the import of materials required for the manufacture of an end-pro- duct, 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- cendurcs (whether for a new unit or for an expansion scheme 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.

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

(8) In the case of proposed units referred to in sub-pura 3(b) above, the unit will be required to give a bond supported by a bank guarantee tor an amount equal to 50% of the cif value of the import licence/ Release Order, undertaking to produce evidence to the licensing authority for proper utilisation of the import- ed material within a specified time. If the unit is un- able to execute such bond with bank guarantee, the licensing authority may issue the import licence/Re^ lease Order in the name of the unit with a letter of authority in favour of State Small Industries Develop- ment Corporation or any other State agency that may be nominated by the State Government concerned for this purpose. The Corporation will import the mate- rials on the basis of the letter of authority or obtain supplies from the canalising agency as the case may be and the materials, in question, will be delivered to the unit concerned as soon as the machinery has been in- stalled and the unit is ready to go into production.

therein, should simultaneously be intimated by the State Directors of Industries to the licensing authorities

(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 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 Directors of In- dustries.

6. It will be open to the licensing authority not to accept the existing registeration 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 nSers

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 :—

Registration of small scale Industries

83. (1) A scheme for the registration of small scale industries was introduced in the year I960. Under the scheme, all the small scale industries consuming imported raw materials and components, nor* ferrous metals and steel items, were required to get themselves registered with the respective State Directors of Indus- tries, 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 licen- ces, or for allotment ofl non-ferrous metals, steel and other materials. In the absence of the registration number, the application is liable to be summarily reject- ed.

(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.T registration numbers, or of any amendments (a) The licensee may import any item(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 item(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 oi 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 defined as under:

(i) The permissible spare parts are those which arc required for the plant, ma- chinery and equipment, installed oi used in the licence holder's factorv in- cluding spare parts of ancillary equip- ments, control and laboratory instxu-

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 dn 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 re- 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 factory 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 Tmport Trade Control Policy Red Book—Vol. T)

(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.

(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.

(2.) Tne 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 Control Hand Book of Rules and Procdure, 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 w.ill also apply to import licences issued to actual users under the im- port policy for Registered Exporters. In their case, the value limit for ipmport of spare parts will be twice. The limits indicat- ed in sub-para (1) above within the overall value of the licence.

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

(iii) These provisions 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- ceeded the overall value limit of Rs. 50,000/- fixed for import of individual item of res- tricted spare parts in terms of sur>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 availing of these provsions, will be the policy in force at the time of shipment. This restriction will not, however, 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 m policy.

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

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

Conversion of actual user licences for raw materials,

spares and non-ferrous metals tor importing steel and

vice versa

(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 les, within the overall value of Ihe licence provided the imnort of a sin- gle item does not exceed Rs. 250/- in value.

85. (1) With a view to providing greater flexibility to actual users (scheduled and non-scheduled indus- tries including small scale) in the utilisation of foreign

exchange, the holders of actual users licences for raw materials, components, spares, non ierious metals and steel issued against free foreign exchange (Gene- ral Cunency Men) or lor import from Rupee Pay- ment Area, may, in their discretion, uunse tiieir licen- ces m the manner indicated beiow :—

(i) The licensee may import steel against his import licence lor raw materials, components, spares aud non-ferrous meials, witnin the face value oi the licence, provided that the item to be imported is that tor 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 tne import policy in force at the ume of shipment;

(bj The item to be imported is not subject to any value or quantitative restrictions, in teims ot tne import policy in force at the time of shipment; and

(c) The import of stainless steel in any form including sneets/plates/strips/ circles, ot any specifications and the import of items hcensable under the import policy inlorce subject u> pro- duction of non-availability certdficates from indigenous producers, whether tor the whole or part requirements, will not be permitted under this facility. purpose. Al the time of clearance, the licensee will be requncd to produce to the Customs authorities the accessary evidence to enable them to allow import of items permissible in terms of sub-para (1) o£ this paragraph.

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

(4) Import licences issued to actual users under the import policy tor Registered Exporters can also be utilised in terms of the provisions ot this paragraph. It is, however, clarified that the term "vand aei.ual user import licence" used in sub-para l(i) and l(u> of this paragraph does not include a licence, issued under the import policy tor Registered Exporters, and licences issued under National Deience Remittances scheme.

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

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

(7) These provisions will apply to import licences issued on or alter 1-4-1970. For earlier licences, the provisions made in paragraph 85 ot the Import Trade Control Hand Book Rules and Procedure 1969, as amended, will be applicable.

(8) The restrictions contained hi sub-paras 85(1) (i)(a) and (b) and 85(1) (ii) (a) (b) wni not apply in cases where the order on the foreign supplier was placed and irrevocable letter ol credit opened before the change in policy, provided shipment takes place within 90 days ot the date ot change in policy.

Limiting Factor

(ii) The licensee may import any item of raw materials, components, spares and non- ferrous meuls against his kcence for sLeel, within the taee value of the licence, provir ded tnai the item to be imported is that for which the licensee holds a valid actual user import licence at the tune of shipment of the goods subject to the following further conditions:—

(a) The nem to be imported is not banned or caualised whether partially or fully in terms ot the import policy 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 buty 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 ofi raw materials, spares, components, non-ferrous metals and steel will automatically be valid for utilisation in the manner indicated in sub para (1) of this paragraph. It will not be necessary for the licensee to obtain a speci- fic endorsement from the licensing authority for this 86. (1) Import licences for raw materials ''compo- nents/ spares issued to actual users, including those issued under the import policy for Registered Exporters, will have 'value' as limiting factor. But this wdl be subject to the provisions made in paragraph 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 vaiue 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 tht licensing authority on merits.

Imports through Public Sector Agencies and eligible

Exports Houses

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 Corpora- tion or any other similar public sector agency, or a recognised eligible export house holding a certificate of eligibility issued by the Chief Controller of Imports and Exports, for importing the goods provided that such an agency is willing to undertake the import. The im- port requirements of such actual users will be pooled and imports will be arranged in bulk through the agency concerned.

(2) In cases covered by sub-para (1), the applica-

tion for the grant of an import licence should be made by the agency concerned, to the regional licensing 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 form 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 hi 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 aggregate value.

(iii) Treasury challan showing the payment of application fee. The amount of application fee to be 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 imported 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 issued will be equal to me aggregate value of all the licences/ release orders, whien could nave been issued to the individual actual users, had they applied separately, bucfi licences/release orders will be suoject to tne condition, mier-aiia, tnai Lhe imported goods shall be uisuibuted by tne licensee to the actual users whose particulars are snown in tne relevant import application^,), tor 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 unaer tne import policy tor Registered Exporters.

(5) Actual Users on whose behalf import licences have been issued to the importing agencies under these provisions can apply lor tneir suuaequem licences as admissible under ine policy in force, whether direct or througn an import agency. In sucn cases tne eligioility ot me actual user to the subsequent licences will be determined by the licensing autnonty in terms oi the relevant import policy wimout having regard to the extend to wmch tne previous licence has been utilised by che importing agency.

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

(7) Actual users holding valid import licences for raw materials can also obtain suppnes 'oii-ihe-shelf' from the STC/MMTC against such licences in accordance with the procedure laid down in tins 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-operative Societies Engaged hi 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 undertate 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 then- 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 indus- trial production in their respective factories/workshops. The procedure for submission of application will be the same as applicable to other actual users.

(b) The import application should be supported by a statement indicating the particulars of each member unit of the society (including the SSI Registration

Number of the member unit) and the import require- ments oi each unit in respect ot a particular end- product. It should also be supported by an undertak- ing on a plain paper from each member unn ot the society to tne ertect that the importeu goods supplied to it shall be used by it in its tactory/ workshop; aud no portion thereof shall be sold to or permitted to be utiu&ed by any other party.

(c) In cases where import applications are required to be made tnrough the sponsoring authorities, the State Kegistrar oi t^o-operauve societies will act as the sponsoring authority, it he is in-cnarge of the develop- ment ot ihe society; and the applications in such cases can be made through him. Tins will however, be sub- ject to the overall procedure formulated by the State Government concerned tor sponsoring application. Alternatively, such, applications can also be sponsored by the Stai.e Director oi Industries.

posed on the licence regarding utilisation of the import- ed material. In such cases, the hcence will be subject to the condition that the imported materials shall be used by the licensee society in its own tadory/workshop or distributed tor use in the factories/workshops ot its members indicated m the relevant import application, for the purpose for which the import has been allowed and no portion thereot shall be sold to or permitted be utilised by any other party. The member unit shall maintain proper account of consumption of the im- ported 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 n will not be necessary tor the applicant society to produce SSI Registration Numbers in respect of its individual members.

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

(5) Grant of Import licences/Release Oredrs to As-

(d) The application should bo supported by a treasury chalian towards aphcation fee. The amount ot application tee to be paid should be calculated on the total value applied tor, in accordance with the prescribed scale ot tecs, and not in relation to the requirements of each member unit separately.

sociations oj SSI Units :

(e) The applicant society will be required to furnish valid l.V.C Registration/Exemption number in its own name. But import licences will be issued tor one year in anticipation ot the production of such number. It will not be necessary tor the society to furnisn l.V.C. number pertaining to its individual members.

(f) While considering the application, the licensing authority will calculate the entitlement of each member unit ot 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 nave been issued to the individual member units, had they applied separately.

An Association of Actual Users in the small scale sector, may also make a consolidated application to the licensing authority for import ot raw materials and components on behalf of its members units in the same manner as indicated in sub-para (3) above provided :—

(a) all the member units of the Association are situated under the jurisdiction of the same sponsoring authority and are registered as SSI Units with the State Director ot Industries;

(b) the Association is duly recognised by the

sponsoring authority concerned; and

(c) all the member units of Association have their own valid IVC Registration/Exemption No.

Conditions of actual user licences.

(g) Import licences issued in such cases will be subject ot 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 in 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 oilier 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 members but on its own account, or by providing only the com- mon facility workshop to be used by its members for certain jobs, while the remaining activities are carried out by the members in their own workshops on then- 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 provisions made in sub paragraph (3) above will apply in these cases with suitable changes in the condition to be im- 89. (1) Import licences issued to actual users, in- cluding those issued under the import policy for registered exporters, will be subject to the following condition inter-alia :—

"The hcence is issued subject to the condition that all items of goods imported under it, shall be used only in the hcence holder's tactory at the address shown in the apphcauon 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 thereot shall be sold to any other party or utilized or permitted to be used m any other manner. The goods so processed in another factory shall, however, be utilised in the manufac- turing processes undertaken by the licensee. The licensee shall maintain a proper account of con- sumption and utilization ot the goods imported against the hcence in the prescribed manner and produce such account to the licensing authority, sponsoring authority or any other authority con- cerned, within such time as may be specified by such authority."

(2) The above condition will be in addition 10 any other conditions imposed or deemed to have been im- posed, 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 licensee delivers the imported material for such intermediate processing is not allowed to include the value/quantity of such im- ported materials in his statement of consumption of miported materials while claiming entitlement for raw materials and components as an actual user under the import policy for Actual Users.

(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. 40,000/- in the case of large scale units borne on the boks of the D.G.T.D., Textile Commissioner or Jute Commissioner and other Non-SSI Units having a capital invest- ment of more than Rs. 10 lakhs.

(b) Rs. 20,000/- in the case of SSI units.

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

Grant of emergency licences for spares

(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.

(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 Printers as defined in Appendix 9 of Red Book (Vol- I) and film studios.

Issue of import licences to actual users for back

periods.

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 bieakdown of production machinery including the breakdown which is unavoidable for technical reasons in the course of a month's period, will also be consi- dered from actual users of all categories as and when recieved. This facility will also apply to applications for emergency spare parts for machine tools. Such applications will be dealt with in 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 borne on the books of the DGTD can also apply to the regional licensing autho- rity in whose jurisdiction the factory of the unit is situated. Such units should, there- fore, with each application for import of emergency spares, furnish a declaration indi- cating the C.l.F. value of such licences already obtained by the unit for the same licensing period and the value of applications for such licences for the same licensing period pending with the licensing authorities.

(3) Import application for emergency spares should be made in the simplified application form pres- cribed for this purpose (form 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 from which the spare parts are sought to be imported. The application should be boldly stamped on top in red ilnk 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.

91. (1) Where an application for an import licence from an actual user is not disposed of durmg the licensing period concerned, on account of any delay or laches 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 of sponsoring authority or any other Government Department, the application will be considered on merits in suitable cases.

(2) While dealing with an import aplication 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 aplicant 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 durinp 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 Depart- ment, and import licences to the category of importers to which the applicant belongs were issued in the rele- vant licensing period subject to any fixed foriegn ex- change ceiling, the value of a licence issued in such a case will be 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 authority.

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 ihe expiry of the year to which the account 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 ihe 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.U. licences, to the eliect 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 arc 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 anieaded.

(2) Similarly, where any imported goods are allot- ted to an actual user through the StaLe Trading Cor- poration of 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.

(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 docs 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) aobve or handed 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 utihsed by the licensee. In eases involv- ing contravention of conditions of licences or allot- ments of imported goods, the reports will be sent by the Directors of Industries and other sponsoring autho- rities to the licensing authorities concerned to enable the latter in 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 foods 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.

Change in the name, constitution or ownership of

actual users' business

(3) Licensees to maintain account of consump- tion.—(a) The actual user should maintain a proper account of the consumption and utilisation of the imported goods in the prescribed proforma as given in Appendix 19 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 alloted to the actual users from the State Trading Corporation of India etc., the applications tor issue of further licences or allotments will be liable to rejection without prejudice to any other 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 of imported materials maintained by him, to the licensing authority or sponsoring authority or any other concerned authority,, when called upon to do so 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 93. (1) No approval of the Import Trade Control authorities is necessary for affecting 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, without 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 lieence in hand at the time of change, the actual user should, in his arst application for a licence made after the date of

change, expressly indicate that there has been a change in name without any change in the ownership or constitution ot his rnanuiactunng business. It, in terms ot the import policy in force, such application is requned to be made direct to the licensing authority, and not througn tne sponsoring authority concerned, the actual user should prouuee with his application a certificate oi the sponsormg authority to the erfect 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 constitution (mcludmg a change by division) ot an actual user's manufacturing business, with or without a change in the name ol the business, the following provmsions 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 ol the sponsormg autho- rity concerned tor transier of the manufac- turing busmess in favour of the new owner or the reconstituted concern, as the cas>e may be. The intimation about the change should also be sent by the original owner to the licensing authority concerned. In cases where there is a change in the constitution of a busmess by admission or retirement or death ot a partner and the reconstituted firm take over the busmess as a whole with- out any change in its name or address, the prior permission of the sponsoring authority will not be necessary and the onguial firm should only send an intimation about the change to the licensing and the sponsormg 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.

(iv) If there is no unutilised licence in hand at the time of change, the new owner or the reconstituted concern, as the case may be, should in the first application for a licence made alter the date ot cnange, expressly indicate that there has been a change in the ownership or constitution of the manufac- turing busmess. It in terms ol the import policy in torce, such application is required to be made direct to the licensing authoncy, and not through the sponsormg authority concerned, an evidence should be produced with the apphcation to the effect that prior approval oi ine sponsoring auinority ot the original owner has been obtamed, wherever necessary in regard to the change in owner- ship oi 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 acquiring the im- ported raw materials, components or spares belonging 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 ot licences under this paragraph on the recommendation ot 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 Decem- ber, 1955, as amended. Also, the sponsoring authority will consider requests tor transfer of manufacturing business in cases where both the transferror and the transferee are not debarred or suspended from receiv- ing licences under the provisions ot the Imports (Con- trol) Order, 1955 dated the 7th December 1955, as amended.

(6) The provisions regarding grant of licences to established importers-cMm-manufacturers as laid down in Chapter XVII of this 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.

Procedure for Transfer of Imported Goods by

Actual Users

(hi) Where an import licence had been issued to the original owner, and before the importa- tion of the goods agamst 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 lor 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 original owner has been obtained in regard to the transfer of manufacturing business as stated in sub- clause (i) above.

94. (1) Where, after importing goods against an actual user's licence, the actual user liceusee finds that, for any reasons, he is not in a position to utilise the

goods in accordance with the conditions of the licence under which the goods were imported, he should find another actual user and transfer the goods to the latter with the permission of the licensing authority who had issued Lhe 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 sug- gest a suitable and willing buyer.

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

(a) C.i.f. value of 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- tion. Such charges should not include ex- penses, like dernunage, fines or penally 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 imported. Such application should be made through the sponsoring authority of the buyer actual user. The application should be made in the prescribed form 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 consent letter, the break-up oi 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 to the usual conditions applicable to actual users' licences regarding utilisation of the imported goods. An inti- mation 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.

(6) Where any imported material has been allowed to an actual user through the State Trading Corpora- tion or any other recognised agency and the allottee is not in a position to use the goods for the purpose 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 support of such application. In such cases, also, the allottee should find another actual user to use the goods for the pur- pose tor which [.hey were imported. The goods will be transferred to such person xn the same manner as indicated in the above sub-paras.

(7) Sale of imported goods to public sector agen- cies—(a) U an actual user is not in a position to utilise any imported goous for the purpose tor which the import was allowed, he can sell me goods, in question, to the Mate Trading Corporation, Minerals & MeLals Trading Corporation, State J>mall Inuusiries Corporation or any otner similar public stcior agency, engaged in disinDution ot imported maieuals at a price to be settled between the seller and me buyer, lhe seller shall give an intimation ot the sale to the sponsoring authority concerned and to licensing autho- rity which riad issued the licence against whicn the goods had been imported. No prior permission of the licensing autnoruy will be necessary tor such sale.

(b) The provisions of sub-para (a) above will also apply to the sale ot imported goods lying with a bank, wnere the bank had cleared the goods iroin the Cus- toms as a joint holder ot the licence against which the goods were imported, or where the imported goods had been pledged with the bank by the licence holder, and the licence holder is not in a position to lake over tne goods m question for being utilised for Lhe purpose tor 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, provideu the licence holder agrees to the sale.

(8) The agency purchasing the goods u'nder -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 have been given the facility of transler ot imported raw materials and components as provided in Chapter-Vlll 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 matoials:— (a) Actual users having in their slock imported raw materials, compoents 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- rity 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- from 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 :—

(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 tins booK. Such enmes will be made both at the time of loaning the gooJds and also at the time these are returned by the loanee.

to lhe licensing authorities, direct, the applicants shouid 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 parts of mining machinery

(ii) Both the actual users shall in then: import appucations, while indicating the stocks heid by cneml also indicate tne quantity of goous loaned or received as loan, as the case may be, and period for which the goods have been loaned.

(d) Requests lor loaning of imported machinery from one aeiuat user to anouier may also be considered on meriLs oy cne licensing auLhoiuy wnicn nad issued the licence agamst wnicn the maclnnery was imported, on tne recomniundauon ol the sponsoring aumonties concerned suoject to such conditions as may be laid down,

(e) In the event of any abuse oi this facility, both the adual users and any other person responsible for wucn abuae, sJiail be liable to action under, the import tiade conuol rules, witnout prejudice to any other action that may be taken against them m this behalf.

(12) Intimation to licensing authority.—If an actual user is not in a position to utilise completely the mi- porLed raw materials, components or spares within two years Irom tuc date oi importation, he should lniorni the licensing authority, explaining the reasons foi non-uaiisauon. Such lnlorrnatiou should be sent through ibe sponsoring autnoruy concerned.

(13) The provisions made in this paragraph will also apply to import licences/allotment ol imported goods, issued to actual users under the import policy lor .Registered Exporters.

(14) Delegation of powers to sponsoring autho- rities.—Notwithstanding anything contained in this paragraph, n the buyer and the seller actual users are both situated under the jurisdiction of the same spon- soring authority and the value of die imported material sougut to be transferred does not exceed Rs. 10,,000/- the permission for transfer may be obtained from the sponsoring authority under the provisions of this, para- graph, lhe Sponsoring authority and the actual users concerned will send an intimation to this effect to the licensing authority concerned.

(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 amend- ed.

95. Firework industry.—No application for import 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, lhe applicant is also not re- quired to obtain any essentiality certificate from the

ponsoring authority for the import ot spares.

(3) The applications should be accompanied by

he following information :•—•

(i) The description of machinery for the main- tenance ot which the spare parts are requir- ed.

(ii) Number of the machinery/equipment in use

tor 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 import- ed after 6-6-1966 indicating the year of import.

(vi) The value of imported machinery/equip- ment 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 arc 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.

Procedure for allotment of imported goods canalised

through public sector agencies

of raw materials by the firework industry both in the scheduled and non-scheduled sectors for the manu- facture of firework will be entertained by the licens- ing authorities unless the applicants are 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 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 con- cerned, or

(iii) By direct allotments to be made by tne

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 authori- 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 hte 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 the requirements of raw materials and compo- nents pertaining to the end-product (includ- ing the related end-products) to which the application pertains. Tn respect of the canalised items applied for in the said application, the applicant should indicate the itemwise value within the 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 the policy in force.

(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 poiicv in force- In respect of canalised items, instead of issuing; a direct licence to the armlicant, 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 apoli- catirm on merits in terms of the imoort policy in force. Tn respect of canalised items, instead of issine 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 in 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 thte cana- lising agency in accordance with the pro- cedure for allotment/distribution prescribed by such agency.

(4) Release orders issued by sponsoring authorU ties.—The procedure to be followed in respect of items for which release orders will be issued by spon- soring authorities to the actful 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- canalised 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 indi- cate the value limit in respect of each item within the total value, unless the item in ques- tion 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 sponsoring authority, and a copy thereof to the canalising agency concerned. For purposes of verifica- tion, the sponsoring authority will send every week confirmatory statements to the canalis- ing agencies indicating particulars of the release orders issued during the week.

(d) The release order will be issued in the pro- forma as given \n Appendix 34. It will be valid for a specified period during which the allottee will be required to draw supplies from the canalising agency in accordance with the procedure for allotment/distribution pres- cribed by such agency.

(5) Direct allotment to be made bv eanalitlnq agencies.—The procedure to be followed in respect of items for which allotment will be made direct by cana-

Using agencies to the actual users, will be as indicated 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 allotment 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 authorities concerned or in accordance with the policy.

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

(6) 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 auhtorities concerned in the form and manner prescribed in the import policy for Regis- tered Exporters. In such cases release orders for cana- lised items will be issued by the licensing authorities. The applicant should indicate the value limit in respect of each canalised item within the overall value applied for, unless a specific value limit has already been indi- cated 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 quan- tity 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 exceeding 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 exceeding 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 utilis- ed or permitted to be used in any other manner. The allottee shall maintain a proper account of consumption and utilisation of the imported goods in the prescribed manner in the proforma appearing in Appendix 19, and produce such account to the licensing authority, the sponsoring authority, or any other authority concerned, within such time as may be specified by such authority.

(9) Import of spare parts against release orders.— Tf an actual user is holding or has applied for a release order in respect of canalised item(s) and wants to im- port spare 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 him to apply to the licensing authority concerned for conversion of a part of the release order into a licence for import of spare parts permissible under the import policy in force. In the event of such conversion, the value of the release order will be correspondingly reduced. If 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.) While making requests for conversion the country from which import of spares is sought to be made should be clearly indicated.

(10) Conversion of licences Into release orders and vice-versa.—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 (i) both the licence and the release order are valid and not more than 6 month old and (ii) the conversion 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. If the original applicatoin was made through the sponsoring authority, the request for con- version should also be made through the sponsoring authority. No revalidation of the licence or the release order will be allowed on this account.

(11) Tn connection with the facility provided in sub- para (10) above, the following points are clarified :—

(a) This facility will also be available in cases where (i) the actual user is having an import 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 itera(s) for whole or part of its value provided other conditions are satisfied and the applicant is otherwise eligible under the relevant policy in force for the item(s) asked for.

(b) This facility is equally applicable to industrial

undertakings in public sector.

(c) This facility will also be given to eligible ex-

port houses.

(d) This facility is applicable to all actual users in the large and small scale 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-canaliscd item(s) in accordance with the policy in force.

similar public sector agency, such letter of authority shall also be subject to the conditions regarding sale/ disposal of imported material in accordance with arrangements approved by Government. A specimen 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) In the event of conversion (c) 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 appli- cation 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 in to a Hcene, and he docs not have an exist- ing licence issued or to be issued on the same application, the licensing authority may issue a fresh import licence in the event of conver- sion. Such fresh licence will not have a validity period of more than 12 months. In this regard, it is clarified that the modes of financing in the case of licence(s) to be issued under this sub-para "(f) will be the same as would have been allowed if the applicant had initially got a licence.

(g) Requests 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 month also, provided such request is not made after 12 months from the date of issue of the licence sought to be con- verted.

(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 :

(i) the request is supported by a letter 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 canlising 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 Order 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 90 days provided for such registration has expired may not be accepted bv 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 o fan 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 selling agent against a licence issued to the S.T.C. or any other 98. (1) Applications for the import of machinery and instruments as prototypes, will be considered by the Chief Controller of Imports and Exports (C.G. Divi- sion,) 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 authority concerned. The spon- soring 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 of the licensing authority.

(5) Notwithstanding the provision contained in 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 rcigonal 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.

(6) Applications for import of prototypes may also be considered by CCI&E, New Delhi from State Small Industries Development Corporations for modernisa- tion of SSI units.

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

Import of sipare parts required for servicing

nery/equipment/vehicies mauuidCLUita 0/ me licensee."

Special procedure for issue of licences to actual users

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

101. Notwithstanding anything contained in this chapLer, the Chief Controlelr of Imports and Exports or the licensing authoriiy may by issuing a Public Notice or a Trade Notice, evolve any special pro- cedure for issue of import 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 exLent indicated by the C.C.I. & E. or the licensing authority.

Procedure for import of raw materials by units in

SEEPZ

(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- facmred 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- alia :^—

"The goods imported against this licence shall be only for servicing and maintenance of the machi- 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 authorites concerned, namely, the Export Promotion Councils, Commodity Boards and the Export Promotion authorities at the ports. The names of registering authorities for different export products arc given in Appendix 4 (Anncxurc I ).

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

(3) The recognised export houses holding eligibility 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) Public Sector Undertakings, State owned cor- porations, Statutory bodies set up by Government or Government Departments will be exempt from regis- tration with the concerned Registering Authorities for the purpose of grant of benefits under this policy.

manufacture of a particular applicant, the registering 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 vegistration has been pres- cribed 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 of the applicant's

financial soundness; and

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

(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 sub- mit the original and the duplicate copy to the register- ing authority along with the application for registra- tion. The D.G.T.D. units and the merchant exporters will submit the form in duplicate (instead of in tripli- cate) direct to the registering authority.

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 above. 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 registration 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 registering authority will issue a separate registration certificate to the applicant branch.

(b) Application for registration should be made in

the form appearing in Appendix 4 (Anncxure IT).

(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 I should be filled in by the applicant. Except for the D.G.T.D. units, Part J 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 II relating to "registration number/factory number" allotted by the sponsoring authority. Column 2 of this Part will be filled in by the registering autho- rity with reference to the information available in the Hand Book of Indigenous Manufacturers published by the D.G.T.D. In case of doubt regarding the line of (5) The registering authority after filling in Part TTI, 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. If an applicant is both a manufacturer exporter as well as a merchant exporter, separate certificates may be issued lo him by the registering authority concerned.

(6) Where a registration certificate is also valid for the branches of the registered concern the registering authority will forward copies of the registration certi- ficate to other registering authorites in whose jurisdic- tion such branches are situated.

(7) Eligibility for registration.—Exporters who are members¹" of the E.P. Council concerned, having a past export performance, a good record and expe- rience, are eligible for registration. An applicant having no previous experience of export in a particular line may also be registered if the registering authority is satisfied about the general commercial background of the applicant, his industrial experience or export perfor- mance in other lines.

(8) Conditions of registration.—(a) A registration certificate will be issued subject to such conditions as the registering authority concerned may consider necessary. One of the conditions of registration shall be that the registered exporter shall furnish quarter'/y returns of exports (including nil returns), to the regis- tering authority by the fifteenth day of the month following the Quarter.

49

• rne condition oi mempersnip m me case or ucm ana Jewellery item lias been temporarily suspended 4—ICC of IrtF 76

(b) The Registration for an item with an E.P. Council, or Commodity Board or Export Promotion authority, will hold good for all the items with which 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.

applies for registration and the date when the register- ing authority writes to the bank for furnishing a certi- ficate of financial soundness of the party will be ex- cluded for 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 replenishment licence pro- vided the applications against such exports are made within the time limits as provided in para 112(1). Even in respect of export of items wheih qualify for replenishment only after realization of foreign exchange the period of six months will reckon from the period of exports and not from the date of realization of pay- ment.

Change in constitution or ownership

(c) In the 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-II), depending upon the raw material used in their manufacture, the registered exporter may get themselves registered with any one of the concerned registering authority. It 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 prevjous/semi-prccious stones like Ash Trays, Pen Holders, Paper Cutters, Key Chains, Paper Weights, Tie Pins etc. which qualify for replenishment licences under the product group 'Handicrafts' it would not be necesary for the exporters to get themselves registered with All India Handicrafts Board in case they are already registered wilh Gem & Jewellery Export Pro- motion Council.

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

(e) Once an exporter has been registered, the regis- tration shall remain valid for four years unless the exporter registered ceases to exist, or his name is de- registered for any reason or he becomes ineligible to hold the certificate. Registration certificates which expire during 1976-77 may be accepted by the licensing authorities for a period of additional 6 months to enable the exporter to obtain fresh Registration Certificate.

(f) In the case of units situated in Kandla Fret Trade Zone and Santacruz Electronics Export Pro- cessing Zone, Bombay, the registration certificate will have a period of validity as indicated by the Registering authority concerned.

105.(1) Where there is any change in the ownership, constitution name or address of any concern, which has been registered under the import policy for Registered Exporters, it shall be obligatory on the 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 regarding the change is not given within the prescribed period of three months, the regis- tering 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 manu- facturer-exporters, the registering authority will also verify whether the permission of the sponsoring autho- rity m 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 registration. The benefit of allotment of new registration number to a reconstituted firm will accrue from the date of reconstitution of the firm. In the event of a change in the ownership of any concern, the benfit of allotment of registration number of certificate to the new owner will accrue from the date of change of ownership, subject to such condi- tions 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 prior to date of appli- catoin for registration, will not be considered 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 the date on which the application, duly supported by a bank certificate testifying the aplicant's financial soundness, is received by the registering authority (or sponsoring authority in the case of manufacturer-exporters). 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 submisison of the application. The period from the date when the party (3) Tn the event of a change in the ownership, 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. Tn the event of such change, the export house shall cease to have the facilities available to eligible export house, unless the eligiblity certificate has been changed by the CCI&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.

(4) Notwithstanding the provisions made in sub- para (2) above, in cases where there is a change in the constitution of a registered exporter firm by admission or retirement or death of a partner (or by a change

of kana in the case of Hindu undivided family con- cerns), and the reconstitucd firm takes over the busi- ness as a whole without any change in its name and address, such change will not require any fresh registra- tion with the registering authority. In such cases the intimation about the change should be given by the reconstituted firm to the registering authority concerned in accordance with the provisions made in sub-para (1) above.

De-registration of Exporters

106. (1) The registering authority may initiate 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 tonditions 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- registration will decide whether the de-rcgistration 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 de-registration.

(3) Where the Chief Controller of Imports & Exports is satisfied that an exporter has failed, for inadequate reasons, to comply with the terms of an export contract as regards the quality and specification of the goods to be exported or the period of delivery or in any other respect, he may, without prejudice to any other action that may be taken in this behalf, direct the registering authority to de- register such exporter for a specified or in- definite period and in respect of a particular export product or products or all the export products covered by the import policy for Registered Exporters; provided that no such action shall be taken unless the exporter has been given an opportunity of being heard in the matter.

(4) Where the CCI&E is satisfied that an exporter has failed, for inadequate reasons, to supply any data pertaining to exports and produc- tion to the licensing or sponsoring or regis- tering authority within the stipulated period and in the manner asked for, or having sup- plied the required data, has failed to supply further information to Government for veri- fication of such data, he may direct the re- gistering authority to de-register such expor- ter for a specified or indefinite period and in respect of a specific export product or pro- ducts or all the export products covered by the import policy for Registered Exporters; provided that no such action shall be taken unless the exporter has been given an oppor- tunity of being heard in the matter.

Registration and de-registration by the Chief Controller

of Imports and Exports, New Delhi.

107. Notwithstanding anything contained in para-

graph 106 above :

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

(2) If, on the basis of the information available, the Chief Controller of Imports and Exports New Delhi, is of the opinion that any exporter has committed 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, 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 likewise, or he may de register an ex- porter, if the exporter has already been regis- tered, or direct the registering authorities to be register him for a specified or an indefinite period and in respect of a particular export product or products or all the expnrt pro- ducts covered by the import policy for re- gistered exporters.

Appeal and review Applications relating to registration and de-registration

108. (1) When an exporter is not satisfied with a decision of any of the registering authorites listed in Appendix 4 (Annexure 1) refusing to register 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 decision appealed against. Such appeals will be considered by the Chief Controller of Imports and Exports, New Delhi, if necessary, in consultation with the Ministry of Commerce, 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 con- sideration of such representations, if it is so decided, the Chief Controller of Imports and Exports, New Delhi, may, with the approval of the Ministry of Com- merce, New Delhi, either himself re-register the ex- porter, or restore registration or he may direct the rgistering authorites to re-register, such exporter or res- tore his registration. The re-registration or restoration of registration in such cases will be subject to such conditjon(s) as the Chief Controller may decide.

Certification of Exports

109. (1) At the time of shipment, a registered exporter should have a copy of the shipping bill duly authenticated by the Customs, for 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 ol' 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.

(3) The Bank will certify the f.o.b. value of exports in Indian 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 invoice to the exporter concerned, the dupli- cate to the licensing authority concerned, and the triplicate will be retained by the bank for its record. In 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 the Indian Exchange Control. A copy of the Ministry of Commerce Public Notice No. 78-ITC(PN)/74 dated 6th June 1974 indicating the detailed procedure in this regard is reproduced in Appendix-4 (Annexure V I ).

(vii) Sales of following items to foreign

tourists :—

(a) Handicraft;

(b) Silk fabrics and made up articles in-

cluding furnishing material;

(c) Silk ready-made garments;

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

(e) Cotton readymade garments;

(f) Leather goods falling under S. No. D. 2.1 and D. 2.2. of Section II of the relevant Policy Book (Vol. II) namely footwear, Jiand bags, belts, purses etc.;

(g) Wollen Carpets, Namda etc.

(viii) Export of carpets to foreign tourists against

advance payment;

(ix) Supplies made for IBRD/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

(xi) Export of machinery and equipment against 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 consigiment 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- change 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;

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 (Annexure VIT) 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. The names and jurisdiction of the licensing authorities are indicated in Appendix 4 (Annexure VIII). 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, applications could, however, be field contractwise instead of cover- ing all the exports belonging to a produtf-group.

(3) It 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, The applications in such types of cases should be accom- panied by a certificate of head office or 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.

arrangement will specify what products the manu- facturer-exporter would export. In such cases, I.V.C. No need be quoted only once at the beginning of each year.

(6) The provisions of sub-para (5) above will also apply to merchant-exporters who are eligible to claim licences in their own name.

'lime limit for submission of applications

(4) Export house holding valid certificates of eligibility issued by the Chief Controller of Imports anu Exports, New Delhi, may submit either a consoli- dated application in terms of sub-para (1) above or separate applications in respect of each of their nomi- nees agains-t export products falling within the same product group in the simplified application form as at Annexure VII (A) in Appendix 4 to this book.

(5) Import applications in all cases should be made

to the licensing authorities concerned direct.

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

Frequency of Applications

111. (1) 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 group made within a quarter, namely April-June, July-Sep- tember and so on, or made within six months, namely, April-September and October-March. In the case of exports on consignment/approval basis, such applica- tions should be made in respect of sale proceeds realis- ed and surrendered to the Indan Exchange Control within a period of a quarter or six months, as the case may be Registered Exporters who make REP applica- tions under the Simplified Payment Scheme can submit such applications on monthly basis if they so desire, Eligible export houses holding certificate of eligibility issued by the Chief Controller of Imports and Exports may, if they so desire, make their REP applications on monthly basis.

(2) Exporters of journal and periodicals will have the option to make applications on an annual basis, for the licensing year, provided no nominations arc involved, and provided further, that the exporter satis- fies the licensing authority that he is receiving subscrip- tions in respect of the journals and periodicals on an annual basis and is making the invocies accordingly.

(3) (i) 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 licensing period.

(ii) Exporters of leather and leather manufactures under product group 'D' may, if they so desire, make their REI* applications on an annual basis, covering their exports made during a licensing period.

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

(5) A manufacturer-exporter who wishes to claim import licences in his own name against every appli- cation lhat he will make, can by special arrangement with the licrnsinc authority concerned, obtain the faci- lity of submitting his applications in the simplified form given in Appendix 4 (Annexure IX), The (2) Applications received after the prescribed time limit, or m respect of which deficiencies, if any, are made up after the time limit prescribed for 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 :—-

(i) Applications received after a period of 6 months from the last month of the export 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 JO per cent cut.

(iii) Applications received after a period of 18 months 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 against 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) Tn the case of exports by V.P.P. of products mher than Gem & Jewellery and Cinematographic Films (exposed) the time limits for sub-mission of applications will be reckoned with reference to the dnte of payment as eiven in the Post Master's Certi- ficate or in the intimation slip.

Date of shipment/despatch

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

(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 of export will be determined by the date stamp on the postal receipt.

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

(ii) Relevant postal receipts. (ui) Post-Master's certificate of payment or the intimation slip given by the Postal Depart- ment to the Indian recipient of the pro- ceeds of the exports made by V.P.P.

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

Documents to be submitted with applications

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 of exports in the form given in Appendix 4 (Annexure VII), indicating the particulars ot exports as certified by the Exporter's bank(s), against which the import application is made. For speedy fmalisation 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 bo produced with the application for import replenish- '. ment :— (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 the exporter's Bank; (in the case of export of CottoM/Hand-loom textiles and readymade garments of cotton/Hand- loom textiles a legible photostate copy of the Bank certificate may be produced in lieu of the original bank certificate).

(ii) Bank attested copy of the invoice; and

(iii) One copy of the shipping bill in res- pect of each shipment duly authenticat- ed by the Customs. (In the case of ex- ports of cotton/handloom textiles and ready-made garments of cotton/handloom textiles, so long as the requirement of producing the customs authenticated ex- port promotion copy of the shipping bill to the Indian Cotton Mills Federation continues, a legible photostat copy of the shipping bill duly authenticated by the Customs may be accepted in lieu of the original shipping bill.)

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

exposed) : —

formalities:— (i) Postal receipt or a certificate of posting issued by tfie 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> ordi- nary post, if the exporters are not able to produce certificate of posting, a Char- tered Accountant's certificate giving com- plete details ot postal charges, dates of exports and particulars of exports, in lieu of the certificate of posting, issued by the Post Office, should be submitted.

(ii) A Chartered Accountant's certificate giv-

ing 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 (iii) above, and the payment against the ex- ported material has been received by him in advance, the licensing authority may accept the documents, namely :— (a) a certificate of Chartered Accountant giving in respect of each publication ex- ported, 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 incur- red on the despatches in question;

(b) a bank certificate in support of the receipt of payment in toreign exchange 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 ex- change realisation to which the bank cer- tificate 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 exports by ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Acountant's certificate giving complete details of postal charges, dates

of export and particulars of exports, should be submitted.

(ii) Invoices certified by a Chartered Accoun-

tant 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 wilJ not be eligible for reple- nishment under this procedure).

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

(i) Invoices certified by a Chartered Accoun-

tant.

(ii) Bill of Lading/Airway Bill,

(iii) Customs authenticated shipping bill; and

(IV) A statement duly certified by the expor- ter's bankers/Chartered Accountant re- garding realisation of export proceeds set off against the relevant G.R. forms in a chronological orders. However, in cases where the exporters have obtained a gene- ral pci mit from the Reserve Bank of India waiving the G.R. formalities, it is not necessary for thorn to produce Bank Cer- tificate indicating the G.R. Form Nos and instead may quote the general permi No. it>sued by the Reserve Bank of India in the statement issued by the Chartered Accountant.

(F) Export by registered post of products other than gem and jewellery and cinematographic films (exposed) :—

(i) Bank certificate (Original) of exports

issued by the exporter's Bank.

(ii) Bank attested invoice,

(iii) Postal receipt or in cases where postal receipt has been forwarded to the con- signee, a certificate issued by the exporter's Bank or Postal appraising Department indicating clearly the postal receipt No., date and amount and cer- tifying that the relevant postal receipt has been forwarded to the consignee.

(G) Supplies of materials made 10 foreign ship-

ping companies as ship-stores :—

(i) Bank certificate (in original) regarding receipt of foreign exchange or Indian Rupees obtained from exchange of foreign currency,

(ii) 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, duiy countersigne by Chartered Accountant that (a) the 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 sale.

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

(i) Certificate from the Council of Trade Fairs and Exhibitions indicating the lull 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 tc the Indian Exchange Control.

(ii) Bank Certificate indicating the receipt of payment in foreign exchange. The proforma of the Bank, Certificate given m Appendix 4 (Annexure X) may be used with suitable modifications. A time limit for submission of an applica- tion will be reckoned from the date of payment as shown in the Bank Certifi- cate. (Where an applicant is unable to pro- duce bank certificate as the document* 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) personal cheques drawn on foreign bank :— (i) Bank certificate (in original) of pay- ment issued by toe 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;

(iv) In the case ol postal exports, original postal receipt in lieu of shipping bill; and

(v) A copy of the money changer's licence issued to the seller by the Reserve Bank of India.

(K) Sale to foreign tourists of Handicraft and other items listed in paragraph 109(6) (vii) above :—

(i) Certified 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 the Reserve Bank of India,, (d) detailed description of the article sold, specifying material of which they are 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 have been realised in foreign exchanges as per the Ex- change Control Regulations).

(L) Supplies made lor IBRD/IDA aided pro- jects in India where Indian exporter sends export documents to the foreign buyer who 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 in the form No. II in Annexure X in Appendix 4 to 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 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 approved 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 in value of exports freight and insurance original certifying the CIF/CF/FOB charges, if any incurred, OR From No. etc. as in the form in Annexure 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 firms in India against IBRD/IDA aided projects or 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 pro- cedure to be followed for claiming replenish- ment against these supplies are given in An- nexure No. XXI of Appendix 4.

(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 charges/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 oi 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.

(Q) Sale or goods displayed in Engineering Export Promotion Council's Show Room abroad.

Documents to be furnished by the applicant in such cases will be the same as indicated in para (I) above with the modification that there should be a certificate from the Engineering Export Promotion Council in- stead of from the Council of Trade Affairs and Exhibi- tions. The time limit for submission of an application will be reckoned from the date of sale.

In addition 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 ot 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 shall not be produced in future to claim any such bene- fits. In cases where the original postal receipt has been lost or misplaced, the exporter may produce a similar affidavit along with a certificate of posting issued by postal authorities giving all the ' required particulars of goods exported.

the Bank certificate. Immediate Rebate allowed by the overseas shipping companies in frieght charges at the time of shipment may also be taken into account by the banks while arriving at the i.o.b. value. In cases where the export contract contains a freight variation clause, the exporter will be eligible to cJaim replenishment in respect of the foreign exchange realised on account ot freight variation.

(7) The applicant should enclose with the appli- cation five copies of the list of items applied for. (Where imports of any oE the permissible items are sought to be made from 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 A.U. hcencc/A.U. release order in term of the import policy in force, 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 photostate copy thereof may also be accepted. It the 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"/"Catcgory of Allottee", us 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 Defwence Remittance Scheme and the licences issued under the import policy for 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 registration-ewm- 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 handicrafts and other items,

listed in paragraph 109(6) (vii) 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 us Chartered 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 proudcts qualify only for import replenishment.

(6) Exporters should produce evidence of frieght and insurance charges to the bank concerned to en- able them to verify the l'.o.b. value of exports in 115. (1) Registered Exporter (dealer who has been authorised by the Reserve Bank of India to receive payment in foreign exchange against sales made by him to the foreign tourists will be eligible to apply for grant of replenishment licences against sale of handicraft and other items listed in paragraph 109(6) (vii) above made to foreign tourists against (1) foreign currency travellers 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 bo adopted by the authorised registered exporter (dealer) :—

(a) Registered and authorised dealer will be required to maintain printed, serially numbered voucher books. A specimen vou- cher is at Annexuro 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) The duplicate copy of the voucher will be sent by the dealer alongwith the application for replenishment licence at the time of its submission;

(e) The triplicate copy will be retained by tho

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;

and nationality ot 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 showing 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 of 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 foreign exchange surrendered, the date of surrendering of traveller's cheques/foreign bank drafts/ personal cheques and tho date of realisa- tion of foreign exchange in the case of personal cheques, as per specimen proforma at Annex ure XII in Appendix 4 to this book.

(v) Payment on such sales made through credit cards issued by Diners' Club and American Express lnternatnational will also be eligible for import replenishment under this policy subject to the terms and conditions laid down in this para and on evidence of receipt of foreign exchange through authorised banking channel.

Procedure for transfer of Import replenishment

licences/REP entitlement

(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 be open to check by Government. 116. (1) The provisions in regard to transfer are contamed in Part 'B' of Section 1 of the Import Trade Control Policy (Vol. II). A merchant exporter or manufacturer exporter desirous of transferring his import replenishment licences entitlement in favour of the S.T.C. or MMTC or an export house should make a specific request to this effect to the licensing autho- rity m accordance with the prescribed procedure.

(2) The applicant will not be permitted to with- draw the request for transfer once made. Before making transfer in favour of an export house, the ex- porter should satisfy himself that the export house holds a valid eligibility certificate.

Import of figs, tools and machinery by supporting

manufacturers of Export Houses

(4) Applications for replenishment licences against such sales will be made to the licensing authorities under whose jurisdiction the registered office of the applicant is situated. Applications will be made in the same form as is appliable in the case of the other registered exporters. Such applications should be made in respect of sales made 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 accompanied by the following documents :—

(i) Treasury Receipt for Rs. 50/-;

(ii) Certified true copies of sale vouchers cash memos, giving details of (a) name 117. A registered manufacturer exporter transfer- 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 export

period may retain a portion of such import entitle- ment, to import jigs, tools and machinery under para- 45, Part B, section-[ of the import Trade Control Policy (Volume 11), in the manner stated below: — (a) If the manufacture-exporter concerned wishes to import jigs, tools, testing instru- ments and equipment of packing and tagg- ing, against the exports made during a parti- cular export period in terms of the import policy in force, he may apply for an import licence in his name for such goods in accor- dance wtih the prescribed procedure, and transfer to the STC/MMTC or an Export House only tor 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 separato 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 to this effect to the licensing authority to whom the manufacturer-exporter will apply for import of Jigs, tools etc,

(b) if the manufacturer-exporter concerned wishes to import plant and machinery 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 andl manner supported by a recommendation of the sponsoring authority concerned, in such cases, the transfer in favour of STC, MMTC or an Export House can be made only for the balance import replenishment due to the manufacturer-exporter.

(c) If a manufacturer-exporter has transferred! his import licence to STC/MMTC or am Export House for his entire import entitle- ment in a certain period and the import licence has been transferred to such agency, the manufacturer-exporter may, subsequent to the issue of such licence, request for im- port of plant and machinery against the value of that licence by producing a written consent ot the transferee concerned to this- effect to the licensing authority. For this purpose 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. While {jiving its consent, the transferee concerned will surrender the im- port licences, in question, for a correspond- ing reduction in their value.

(2) Defective nominations.—An application where the nomination has not been correctly made, will be liable to be rejected by the licensing authority. In such a case, an application for licence will be considered to have been received by the licensing authority, Cn the date on which the correct nomination is recevied. However, the licensing authority may not impose any cut while entertaining the correct nomination if the earlier nomination was not accepted by the licensing authority.

(3) Change in nomination.—A licensing autho- rity may allow a change in 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 that nominee is a manufacturer of a product on the basis of which he can be nominated in terms of the import policy in force. He should verify the eligiblity 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, tne registration-czvw-membcrship certifi- cate issued to him by the registering autho- rity in revised form will also con tarn in its Part 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 spe&ified 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 1974-75, 1975-76 or 1976-77 for the import/allotment of raw material/com- ponents for the manufacture of the same end-product 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 in regard to nominations arc contained in Part 'B' of Section 1 of the Import Trade Control Policy (Vol. II). 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).

(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 tho basis of Actual user licencc/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 ot persons or have common I.V.C. Registra- tion/Exemption Number.

(5) In the case of nomination, the registered exporter should produce a photostat/attested copy of the A.U. licence/A.U. Release Order issued to the nominee to enable the licensing authority to determine the cligibilty of the nominee under subpara 118 (4) above.

(II) In the case of other exports of Gem & Jewel-

lery items :—

(a) Treasury challan for Rs. 50/-.

(b) Copy of BUI of Lading/Airtvay Bill duly attested by the Shipping Company/Airway Company (Postal receipt in the case ot exports by post).

(c) Copy ot Shipping Bill duly authenticated by Customs (except in the case of exports by post or V.P.P.).

Gem and Jewellery and Cinenwiogiaphic Films

(Exposed)

(d) Copy of invoice duly attested by the nego-

tiating Bank.

(c) Copy of invoice duly attested by the Customs (in the case of gem and jewellery items).

(0 Bank certificate in original regarding receipt of foreign exchange, as per proforma given in Appendix 4, (Annexure X ).

Sale to foreign tourists of gem and jewellery items

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 on confirmed/ought right sale basis. The applications may be made on a quar- terly or half yearly basis by registered exporter so as to reach the licensing authority concerned with- in a period of three months from the end of the quarter or hall year during which the proceeds ot foreign exchange were actually credited to the ex- porter's account. In the case of exports on confirmed/ out-right sale basis, the applications should reach the licensing authority within three months from the expiry of the period of export. In the case of advance pay- ments received in respect 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 for gem and jewellery items is given in Appendix 4 (Annexure XI11-A).

(2) The registered exporters of cinematographic films (exposed) will have the option of filing aplica- 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 :—

(1) In case of exports of Gem and Jewellery items

made on confirmed outright sale basis :—

(i) Treasury d i al Ian 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.

(iii) Copy of Bill of Lading/Airway Bill duty attested by the shipping Company/Airway Company (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 expoits weie on confirmed/ outright sale basis.

120.(1) A registered exporter (Jeweller) who pos- sesses "Authorised Money Changers' licence issued by the Reserve Bank of India and is approved by the Export Promotion authority at Bombay, Calcutta and Madras and by the licensing authority at other ports will be eligible to apply for grant ol replenish- ment licence against sale of gem and jewellery items made to foreign tourists, where payments are received in the manner permissible under the authorised money- changer's licence. In the case of personal cheque drawn on bank 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 cheques/amounts have been surrendered to the Indian Exchange Control would be sufficient,

(2) The registered exporter (Jeweller) who had been previously approved prior to the date of the devaluation and who still possesses the "Authorised Money Changers" licence, would be considered as "approved" for 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 from 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 to foreign tourists against realisation of payment in foreign exchange would be equivalent of Rs. 50,000. At the time of .seeking approval, the registered exporter (jeweller) will furnish an undertaking to the approving autho- ritv concerned at the ports to the effect that (i) a minimum sales to foreign tourist to the value of Rs. 50.000 would be effected during the next twelve months and (ii) in the event of cancellation bv minimum sales to foreign tourist to the value of 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 sales 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 :—

(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 b,e 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.

(10) Such applications with the documents indi- cated below should 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 effected.

Documents

(n) Registered approved jeweller will be required to maintain printed, serially numbered voucher books, the particulars of which should be notified in advance to the approv- ing authority. A specimen voucher is at Appendix 4 (Anncxure XIV).

(b) Each sale voucher will be in quadruplicate, showing 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.

(i) Treasury challan for Rs. 50. (ii) Triplicate copies of sale vouchers giving full description of the items sold, their value in Tndian rupees, particulars of foreign tourist, his/her passport number, mode of payment and -amount of foreign currency travellers' cheques.

(iii) Bank certificate in original evidencing receipt of foreign exchange from sales to foreign tourists against travellers' cheques.

(11) The details of products eligible for replenish- ment against sales to foreign tourists, the extent of replenishment, the items permissible for import, etc. are given in the policy statement in Section 11 of the import Policy Book (Vol. IT).

Conditions of import licences issued under the import

policy jor Registered Exporters

(c) The original sale voucher should be stitched with the tourists passport. The Customs authorities at the time of departure of the tourist 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.

(e) The triplicate copy of the voucher will be sent by the jeweller along with the applica- tion for replenishment licence at the time of its submission.

(f) The fourth copy will be retained bv the

Jeweller for his record

(8) The approved jeweller will be required to maintain a register containing the following particu- lars :—

(i) Serial Number.

(ii) Number of the sale voucher (iii) Date of sale, (iv) Description of the item sold. fv) His passport number,

fvi) 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,

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 manufacturer- exporters under the import policy for Registered Exporters shall be subject to the Actual User condi- tions for the utilisation of the imported goods, as laid down in chapter IV and VI of this book,

(2) Licences /release orders issued to nominees of registered exporters. Tmport licences for raw mate- rials, components, spares, machinery and other goods, and also the release orders issued 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 im- ported goods, laid down in chapter IV and VI of this book.

(3) Licences/release orders issued to merchant 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 Hccncee 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'¹? nccount,

Procedure for the grant of 'Advance', and Imprest

licences

(4) Licences/release orders issued to Export Houses.—(i) Import licences and release orders issued to merchandising Export Houses under the Import policy for Registered Exporters, and import licences acquired by Export Houses by transfer from registered exporters under the said policy, shall be subject to the condition that the imported materials shall be dis- posed of to actual users engaged in export production. The Export Houses may also utilise the imported materials for export production on their own account in the manufacturing establishment owned by others.

(ii) Import licences acquired by export houses by transfer from registered exporters shall also be bubject to such export obligation as may be imposed under the import policy for Registered Exporteis 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 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 II).

(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 tho import policy for Registered Exporters, without the usual 'Acual User' condition imposed on other licences issued under this policy.

(7) (i) 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 utilise 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 im- ported materials shall not be used in a different indus- trial 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 samo person or the same set of persons, or have a common IVC registraton/cxemption 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 policy for Registered Exporters as clarified in sub- paragraph 119(4) (hi) of this chapter.

(i) Advance Licences

122. (1) Applications from registered exporters, including merchant exporters and design engineering 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 ankl 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 substantial 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 prescribed 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 :—

(a) where the value of advance licence/release order applied for does not exceed Rs. 25 lakhs.

(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 applica- tion 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 so 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 applicable to the licence/release order in term of sub-paras above, in addition to any other conditions as may be imposed pr made applicable, (e) the export product for which the advance release order fs sought to be issued are from those which appear in Col. 4 acainst the relevant export product in Section IT of the import policy book (Vol-II), or covered by AU Hcence/AU release order for the same end-product and are open to actual users __ 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 against one previ- ous advance licence only is outstanding); and (e) the export product for which the advance licence/release order is applied for does not fall in anv of the following product groups :—

(i) Stainless Steel Products, (ii) Gem and Jewellery.

(f) Where the application is for the grant of a Customs Clearance Permit (without ex- change control copy) for import of raw materials and components to be used in the product to be exported, the value applied for is within the import replenishment entitle- ment admissible against the product to be exported and the item¹; sought to be imported appear in column 4 against the relevant ex- port product in Section IT of this book, or covered by Actual User licence/Actual User Release Order for the same end-product and arc open to actual users under the current import policy and to the extent permissible.

(6) Applications for advance licences against export irders for readymade garment, woollen textlics, carpets >tc, natural silk fabrics and cellulosic/non-cellulosic abrics (two product groups K,L,O,P,V,W,X) in the mport policy for Registered Exporters should be iddressed to the Joint Chief Controller of Imports and exports, Bombay (irrespective of the jurisdiction of he licensing office within which the registered office )f the exporter is situated. Such applications should ilso be accompanied by the usual documents prescribed n sub-paragraph (9) below. Jt. CCI&E, Bombay will leal with the applications as per policy in consultation vith textile commissioner Bombay.

(7) In the case of export orders for textile machi- lery, applications for advance licences should be iddressed to the Joint Chief Controller of Imports and Exports. Bombay, and routed through the Textile Commissioner Bombay, irrespective of the licensing mthority in whose jurisdiction the applicant is situated.

(8) Except in the type of cases referred to in (5)- '7) above all other applications for advance Iciencc/ -elease order should be submitted to the Chief Con- troller of Imports and Exports, New Delhi (Export Promotion Division) with a copv to the regional licens- ng authority concerned. In such cases, a simpler pro- :edure for disposal of applications will be followed vherc (i) the value of the advance licence/customs Clearance Permit to be issued Is within the import •eplenishment against the product to be exported, (ii) he items sought to be imported have been cleared by he DGTD (EP Directorate) and (iii) the case is not :overed by the duty exemption scheme referred to in \nnexure XXII in Appendix-4.

(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 evidence 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 that 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 Hank 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 im- ported from such area should be sent with the appli- cation 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 Company 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 evidence to the effect that the registration 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 issued 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 o fsix months from the date of importation of the first consignment against the advance licence in question. Exports effect- ed 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 guarantee 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 contract or any such higher 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) In the following 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) In the case of manufacturer-exporters who have been exporting their products during the last three years; or

(b) In cases wher© the value of the advance licence is Rs. 5 lakhs or above (or Rs. 2.b lakhs or above in the case of manufacturer— exporters in the small scale sector).

(c) In the case of manufacturer-exporters in the

public sector.

(d) 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.

(22) Applications for advance licences under the Duty Exemption Scheme should be made to the Chief Controller of Imports & Exports, New Delhi (Export Promotion Division). The detailed procedure in this regard is contained in Annexure XXIT.

Imprest Licences (Automatic Imprest Licensing

Schemes).

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-

cation fee.

(b) A statement indicating the particulars (viz.. Number, date and value of REP licences/ Release Orders : and the Serial Number of the export product :

(i) obtained by the applicant in 1975-76

against his own exports.

(ii) obtained by the applicant in 1975-76 as a nominee against his products exported through others (This will not apply to merchandising export houses);

(iii) duo to be issued to the applicant in 1975-76 but adjust against 'Repeat Operation; and

(iv) due to be issued to the applicant in 1975-76 but adjusted against Advance, Imprest and 'ON' Account' licences issued earlier.

(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 1975-76).

(d) Any other 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 1975-76 or due to him in that year but adjusted, as referred 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 undertaking as the case may be in the same manner as provided in sub-para 122(17) above. In this connection, the provisions of sub-para¹: 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 should be made to the Chief Controller of Imports & Exports (Advance Licensing Section) Udyog Bhavan, New Delhi. Such applications

should be made in the prescribed form as given in Appendix 4 (Annexure XVI) and should be accompanied by the following :—

(a) Documents mentioned in sub-para (2)

above.

(b) A statement indicating the particulars (Number, date value, endproduct and major raw materials covered) of the actual user licences/Release Orders ob- tained by the applicant during 1975-76.

(c) The fob value of exports and the goods exported, 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 industrial licence or approval of foreign collabo- ration.

licence in discharge of the export obligation. Thc period for fulfilment of export obligation shall be 3 months from the date of clearance/ allotment of the first consignment. The licens- ing 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 exporting Gem and Jewellery during thc last three years.

(vi) The existing provision of advance licensing under DTC Scheme and othei 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 Imprest licence is outstanding; applications for advance licences should be made to CCI&E,, New Delhi giving adequate justifica- tion; and

(vii) The Scheme of Imprest licence will apply only to import of rough diamonds. For other items i.e. Emeralds, Rubies, Saphires, Pearls and Semi-precious stones etc., 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 filmi in 35 mm.

(e) Particulars of the arrangement, if any, already made for the exports of pio- ducts for the manufacture of which the iaw materials is sought to be im- ported. (Also indicate whether the import is proposed to be made against a Customs Clearance Permit or an im- port licence with Exchange Control Copy, and whether the manufacture will be undertaken in customs bond or otherwise).

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. Application¹! under this Scheme will be made to the regional licensing authorities. The main features of the Scheme are as under :—

(i) During 1976-77, 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 1975-76, 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 50% 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. "

(iv) The export obligation will be worked out by taking 6 5% as thc 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 guarantee for 50% of the value of the import

5—1C. ofl&E/76

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 for 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 thc limits indicated below will be made on an under- taking being furnished by thc applicant producer to the concerned licensing authority that thc allocation/ licences will be utilised for production of a colour feature film which he would export. The FOB value of export obligation will be equal to 200 per cent of the C.I.F. value of imports allowed in the first stage. This undertaking will be in the form of a bond support- ed by bank guarantee as in sub-para (2) below. This bank guarantee and thc export obligation will be in addition to thc export obligation/bank guarantee to be furnished by the applicant under sub-para (ii) below :

Release of colour negative

60 Rolls.

Release of colour positive

80 Rolls.

Import licence for make-uj >

Rs. 5000/-

materials

Rs. 1500/- (Licence for

Import licence for Photo- Rs. 5000/- only will be

graphic

issued during the first

Paper (colour) aid chemi-

cals required

stage: licences tor the balance amount will be Issued after half of the negative of the film has been completed).

If a producer desires 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 200 per cent ot the c.i.f. value ot 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 ot 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 200 per cent of the positive raw stock released in the 'second stage'. This export obligation will be in addition, lo the obligation at 200 per cent of the total c.i.f. price of the raw stock elc. 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 one year after the last date fixed for the fulfilment of export obligation,

(3) The period of fulfilment of expoit obligation will be two years from the date of the first release of raw stock under the 'second stage'. When the nroduccr docs not avail himself of any release under the 'second 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.

(2) The contracts in question, should be got regis- tejed with authorised dealers in foreign exchanges i.e. the banks tlnough which the relevant export documents arc negotiated (subject to the provisions made in para 57, Par 'B' Red Book—Vol-ll (within a period of 45 days from the date of the signing el the contract. The registered exporter should produce the original contract in the proiorma appearing, in Appendix 4 (Annexure XVII). The abstract should indicate the dale of the contract and laller's stamp.

(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

e'ntercd in our records under registration No dated The date of the contract has been

verified to be

Signature

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, with- in 30 days of the date of registration. The second copy of the contract will be retained by the bank for its own records. The exporter shall also send intimation about I he registration of the contract to the licensing autho- rity concerned within 30 days of the date of registra- tion.

Advance allocation of raw stock to merchant-exporters

(4) Requests from merchant-exporters for advance 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 Control, proceeds on f.o.b. basis to the extent of 200 per cent of the c.i.f. value of the release made.

(ii) Tn 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) Applications for advance releases/licenses under these provisions should be made through the Film Finance Corporation, Bombay.

(7) The release of raw stock for additional prints will be made only after production of censorship certi- ficate by the applicant.

(5) Only such contracts will be acceptable for regis- tration which are 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- criptioYis 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. For this purpose, a firm contract will also include a firm export order which gives all the required particulars indicated above. If there is a telegraphic/Telex offer and accept- ance giving all the required particulars, it may also be registered with the bank provided it is accompanied by post confirmatory copy.

Procedure for Registration of Contracts

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 nnd the contracts qualifying for registration, are given in the relevant Tmporr. Trade Control Policy (Volume TI). Exporters claiming benefits of the scheme should have their contracts registered in accordance with the pres- cribed procedure.

(6) If 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.

(7) Tn 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.

Ad hoc licences to consultancy firms

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 (Annexure XVIII) LO the regional licensing authorities concerned.

Machinery Items (machinery, jigs, tools, equipments, instruments etc.)

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 AppcnJi^ 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 Part 'B' in Section T of Import Policy Book (Vol. ( II) :— (a) Applications should be made in the form appearing in Appendix-4 (Annexure XIX). No applications fees will be required to be paid in respect of such applications.

(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.

(c) The DGTD units should send their applica- tions through the DGTD, New Delhi (Ex-

5>ort Promotion Celij also mentioning there- to the regional licensing authority concerned, with its comments. Thereafter, tho proce- dure a& 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 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 th" items sought to be imported are permitted for import under the policy in force. la 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.

(g) In respect of applications for import of machinery exceeding Rs. 15 lakhs in value, the applicant has to follow the advertisement procedure as laid down in para 137 of this Book. The value limit of Rs. 15 lakhs up- to which no advertisement is required is ex- clusive of the value of machinery listed in Appendix 80 of the Red Book (Vol. I) for April 1976-March 1977.

(h) In respect of jigs, tools, testing instruments and machinery etc. permitted under para 45, Part 'B', Section T of the Red Book (Vol TT) for 1976-77, the aplicant may either ask for a separate licence for these items against his REP entitlement or for endorse- ment for the import of these items upto the permissible limit on the REP licence issued to him for import of raw materials and com- ponents

Additional items

n the name of the concerned regional licensing office. The DGTD will forward the application to the regional licensing authority concerned with their recommen- dation after scrutinising 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. Rased 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 Tmport Policy Book (Vol. TI). While approaching the licensing authority, the applicant will be required to given particulars of he 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 proforraa for recommending additional item of import in terms of the import policy for Rogis- tercd 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 indigenonj ingle and forward It (i) Period of validity of the licence. (ii) Flexibility in the use of licences, (Hi) 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 provisioni.

CHAPTER VI

IMPORT LICENSING Of CAPITAL GOODS. HFAVY ELECTRICAL PLANT AND MACHINE TOOLS

(A)—CAPITAL GOODS SCHEME

Definition

129. (1) "Capital Goods", as envisaged in this scheme, comprise such items of Plant and Machinery as arc required for new installations, 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 old I.T.C. Schedule as detailed be- i 8 'SI low :—

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 wilh 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) All 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 the Part III.

PART V.—All goods included in S. Nos. 65(1),

65(2), 65(3), 65(4) and 65(5).

PART VT —All items included therein.

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 and Civil Supplies, New Delhi, for a licence under the Act for the proposed expan- sion/installation of the undertaking in question. In cases where an industrial licence is necessary, the im- port licence for capital goods will be issued, if other- wise admissible, only after an industrial licence has been obtained by the applicant. In such cases the application for import of capital goods will not even be entertained 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/7O/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 Tntent (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 con- taining approval of foreign collaboration terms issued to the applicant.

Applications for Capital Goods

Cases requiring industrial licences or registration with

D.G.T.D.

130. (1) Applicants for the import of capital goods required for the expansion of industrial undertakings 131. (1) With a view to expediting the disposal of applications for import licences for Capital Goods, a scpnmte division exists in the office of the Chief Con- troller of Imports and Exports, New Delhi.

(2) (a) Applications for import licence lor Capital Goods should be made, in quadruplicate in the pres- cribed application form 'E' (CG') given in this book, together witli 7 copies ol the list of goods proposed to be imported.

(b) The applications should be accompanied by (i) I.V.C. Registration/Exemption Number, and a pnoto- state copy of the 1VC number valid tor the licensing period in which the impoit application is made, if the applicant docs 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 J.V.C. Number held by him (ii) Treasury Receipt towards the pay- ment of requisite application lee on the value applied for, (iii) any other document/information considered necessary or required in terms of the policy in force.

below Rs. 10 lakhs for imports from countries other than Rupee Payment countries and below Rs. 20 lakhs for imports from Rupee Payment countries should be made direct to the Chief Controller of Imports & Ex- ports (CG Cell) Udyog, Bhavan, New Delhi-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 Scctoin), Ministry of Indus- try and Civil Supplies Udyog Bhavan, New Delhi-11.

Industries other than (DGTD Units, SSI Units ami Textile etc- referred to above.) , ., , , , .,

DGTD Units

(3) Applications lor a value below Rs. 10 lakhs for imports Irom countries other than Rupee Payment countries or below Rs. 20 lakhs lor imports from Rupee Payment countries, should be made direct to the Chief Controller of Imports and Exports (CG Cell), Udyog Bhavan, New Delhi-11. Such applica- tions need not be made to the EKi I'D,

(4) Applications for a value in excess of the value limits indicated in Sub-paia (3) above should be made direct to the Secretariat lor Industrial Approvals (Cen- tral Rcr-eipt and Despatch Section), Ministry of Indus- try and Civil Supplies, Udyog Bhavan, New Delhi-11.

(10) Applications of a value not exceeding Rs. 25,000 should be made direct to the regional licensing authorities concerned. Such applications need not be made through the sponsoring authorities.

(11) Applications of a value exceeding Rs. 25,000 should be made direct to the Chief Controller of Im- ports & Exports (CG Cell), Udyog Bhavan, New Dclhi-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 applications 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 be made direct to the Secretariat lor Industrial Approvals (Central Receipt and Despatch Section), Ministry of Industry and Civil Supplies, Udyog Bhavan, New Delhi-11. Such applications need not be made through the sponsoring authorities.

Export Oriented Industries

(5) Applications of a value not exceeding Rs. Rs. 25,000 (or not exceeding Rs. 50,000/- from Rupee Payment or UK credit) 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 D G ID will not be necessary.

(6) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area or UK credit) 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 sponsoring au- thorities.

(13) Applications of export-oriented industries leferred to in paragraph 145 of 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 Dclhi- 11, and not to the Ministry of Commerce (Export J Production).

Import of Mining Equipment

Textile, Jute Hemp & Rope, Coal, Quarries 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/UK Credit in the case of SSI Units) should be made direct to the regional licensing authorities concerned, the Joint Chief Controller of Imports and Exports Bombay, in the case of textile industry and the Joint Chief Controller of Imports & Exports. Calcutta, in the case of other industries men- tioned 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/UK Credit in the case of SST Units) but (14) Applications lor import of mining equipment (other than coal mining equipment) from mining in- dustry should be made direct to the Chief Controller of Imports and Exports. (CG Cell) New Delhi, 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.

(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 appUcauons need not be made through the spon- soring authorities.

Garment making industry

016j Applications oi a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000 for import from Rupee Payment Area/UK Credit in the case of SSI Units), should be made direct to the Joint Chief Controller of Imports and Exports, Bombay. Such ap- plications need not be made through the sponsoring authorities.

(17) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- lor import trom Rupee Payment Area/UK Credit in the case of SSI Units) should be made direct to the Chief Controller of Im- ports & Exports (CG Cell), Udyog Bhavan, New Delhi-11. provided Ui.it the value of such applications is below Rs. 10 lakhs lor 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.

(18) Applications 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.

indigenous sources, the DGID will again forward the application to the Chief Con- Ixoller 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 from indigenous sources, the appli- cations will bo forwarded to the Chief Controller of Imports & Exports with his recommendations for the grant of a licence in respect oi items considered essential and not available indigenously. While forward- ing the application to the Chief Controller of Imports & Exports wiih a recommenda- tion the DGTD will also send therewith five copies o! the lists of goods recommending for import including one copy duly attested by him.

Import of Instruments etJ

(19) The procedure as indicated in the foregoing sub-paras for submission of applications for import of machinery will also apply to applications for impoit of instruments. Testing Machine, Testing Equipment, Weighing Machine, Laboratory Equipment, Tools and Tackles.

(vi) In respect of applications of a value not 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 oj applications for Capital

Goods

DGTD 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 :—

(2) Application:, received direct by the Secretariat for Indus.rial 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 foice and subject to the availability of foreign exchange. '1 he Secretariat for Industrial Approvals will foiward these applications with the decision of the CG Main Committee to the Chief Controller of Imports and Expoits (CG Cell) New Delhi for fui'her processing.

Small Scale Units

(i) After registration in the office of Chief Controller of Imports & Exports (CG Cell) the applications will be referred to the DGTD lor their recommendations- regarding essentiality for import and clearance from indigenous angle;

(ii) These applications will be scrutinised by the DGTD from the point of view of essentiality for imports. If the DG I'D does not consider the import essential, he will forward the application to the Chief Controller of Imports & Exports recommending rejection;

(iii) If the DGTD consider the import essential, he will scrutinise the item applied for from the indigenous angle. In case, all the items sought to be imported, are available from (3) Small Scale Unit-i for value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import fiom Rupee Payment Arca/Uk Credit), in respect of Import applications for Capital Goods from Small Scale Units for value not exceeding Rs. 25>0OO/ (or not exceeding Rs. 50,000/- for import from Rupee Payment Area/UK Credit), the fololwing 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 and indigenous clearance. The sponsoring autho- rity will arso examine the application from indigenous angle without reference to DGTD), and

(uj ihe applications will be considered lurther by the licensing authority based oil the recommendation of the sponsoring authoritiy in terms of the import policy in force and subject to the availability of monetary ceil- ing.

where ihe neins sought to be imported are mentioned in Appendix 80 to the Red Book (Volume 1) tor 1976-/7.

(y) Applications oi a value exceeding Rs. 25,000

and leeeived direct by the Chief Controller of Imports & Exports, New Delhi, will be processed in the same manner as indicated in sub-para (4) above.

(10) Applications received direct by the Secretariat lor industrial Approvals may be processed in the same manner as mdicated in sub-para (2) above.

Import of Mining Equipment

(4) Small Scale Units tor value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- lor impoit fiom Rupee Payment Area/UK Credit). In respect of im- port applications for C apital Goods from Small Scale Units tor value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area/ UK Credit the folio wing procedure will be followed :— (i) The Chief Controller oi imports & Exports (CG Cell), after registering the application, will forward a copy thereot to the sponsor- ing authority concerned lor his recommenda- tion regarding essentiality for import;

(ii) Indigenous clearance in respect of tlio machinery sought to be imported will be obtained by the Chief Controller of Imports & Exports (CG Cell) froni DGTD; and

(iii) Applications will be considered further by the Chiei Controller of Imports & Exports, on the recommendations ol the sponsoring authority and the DGTD in terms of the import policy in force and subject to the availability of foreign exchange.

(11) Apphcalions received direct by the Chief Controller ol Imports & Exports will be processed as under:—

(i) ine cCl&li (CG Cell) alter registering the application, will iorwaid a copy thereof to tne Department of Mines & Metals for their recommendation regarding essentiality lor import.

(ii) Indigenous clearance in respect of the rnacnniery sought to be imported will be obtained by tiie CCI&E (CG Cell) irom DGID.

(ni) Applications will be considered iurther by

the Chief Controller of Imports and Expoi L ,, on the recommendation;, of the sponsoring authoiity and die DGTD hi terms of the import policy in force and subject to the availability ol foreign exchange,

Textile, Jute, Hemp & Rope, Coal, Querries and Tea

Industries both in the Large & Small Scale Sector

(.5) Applications ol a value not exceeding Rs. 25,000 (or not execedmg Rs. 50,000/- for import from Rupee Payment Area/UK Credit in the case of SSI Units) will be processed in the same manner as indicated in sub-para (3) above. However, in the case of non-SSI units, a copy of the application will be sent by the licensing authority to the DGTD (Co- ordination Cell), Udyog Bhavan, New Delhi, for their recommcndalion from indigenous angle in respect of machineries sought to be nnportcd except in cases where the items sought to be imported aie mentioned in Appendix 80 to the Red Book (Volume I) for 1976^77.

(12) Applications lor import of mining equipment (othei than eoal mining equipments from mining industry received direct by the Secretariat for indus- trial Approvals, it complete in all lespects, will be loiwartlcu to tne Department ol Mines and" Metals/ DGID ioi their lccommendations in regard to essen- tiality and indigenous clearance. The recommenda- tions of the Department of Mines and Metals and DGiD 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. ihere- atter these applications will be forwarded to ihe Chief Controller of Imports and Exports (CG Cell), New Delhi tor lurther processing.

Garment making machinery

(6) Applications of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/- for import from Rupee Payment Area/UK Credit in the case of SSF 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.

(13) In respect of import applications for import oi machinery of a value not exceeding Rs. 25,000 (or not exceeding Rs. 50,000/- for import from Rupee Pay- ment Area/UK credit in the case of SSI Units) the following procedure will be followed :—

Industries other than {DGTD Units, SSI Units and

Textile etc.)

(8) Applications of a value not exceeding Rs. 25,000 will be processed in the same manner as indicated in sub-para (3) above. However, in the case of non-SSI units, a copy of the application will bo sent by the licensing authority to the DGTD (Coordi- nation Cell), Udyog Bhavan, New Delhi, for their re- commendation from indigenous angle in respect of machineries sought to be imported, except in cases (i) 'ihe licensing authority will forward one copy of the application to the sponsoring authoiity 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 to be imported are mentioned in Ap-

pendix 80 to Red Book (Voi-1) for 19/6- 77; (In the case of SSI Units, the examina- tion from indigenous angle will also be made by the sponsoring authrity without reference to DGTD); and

(ii) The applications will be considered further by the licensing authority based on the re- commendation of the sponsoring authority/ comments of the DGTD/Textile Commis- sioner, in terms of the import policy in force and subject to the availability of foreign ex- change.

(14) Applications for import of machinery of a value exceeding Rs. 25,000 (or exceeding Rs. 50,000/. for import from Rupee Payment Area/UK credit in the case of SSI Units) and received direct by the Chief Controller of Imports & Exports ( C O. Cell), the following procedure will be followed :—

(i) The Chief Controller of Imports & Exports (C.G. Cell), after registering the application, will forward a copy thereof to the sponsor- ing authority concerned for his recommen- dation 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

(iii) Applications will be considered further by the Chief Controller of Imports & Exports, on the recommendations of the sponsoring I authority and the DGTD/Textile Commis- sioner, in terms of the import policy in force and subject to the availability of loreign exchange.

(15) Applications received direct by the Secreta- riat for Industrial Approvals, if complete in all res- pects, will be forwarded to the DGTD/Textiie Commissioner, for their comments on essentiality of import and indigenous clearance. The recommenda- tions oi' the DGTD/Textile Commissioner will be considered further by the CG Main Commitee in Lerms 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 processing.

testing equipment, weighing machine, laboratory equipment, tools and tackles.—-Applications from actual users for the import of instruments, testing machines, weighing machines, laboratory equipment, tools 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—-(]) Import licences for capital goods/heavy electrical plant will be issued subject to the following condition in addition to any other con- dition^) as may be imposed on or applicable to such licences :—

"ll is also a condition of this licence that a half yearly return in the attached pro- forma shall be furnished by the licensee 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 proforma 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 licence 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 wHh any financier other 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 only for the manufacture of [Name of 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 Book of Rules & Procedure in force at the time of shipment of the goods.

Import of instruments etc.

(3) Import licence for Capital Goods will be issued for c.i.f. value but the licensing authorities will endorse the licence indicating separate amounts in respect of (i) f-o.b. value of equipment, (ii) freight and (iii) insuiance. It shall be a condition of the licence tht'l the amount paid in respect of each of these shall 133. Import of instruments, testing machines and

not exceed the amount as specified in the licence or the actual amount chaiged, whichever is lower.

icquiied Lor setting up a new industrial unit or for expansion/ diversification programmes.

(7) An existing unit applying for import of machi- neiy lor replacement, balancing or modernisation can make one application in a half year. However, tho applications to meet emergency situations like break- down or in response to a specific foreign credit may be entertained at any time.

Important hints to applicants oj capital goods

135. Submission oj full particulars and description oj capital goods.—(1) Applicants are requested to give lull particulars and description of the plant required. Importers of such items of machinery and plant as are manufactured within the country with reasonable peiformance and delivery periods will be required to make it clear to their foreign suppliers at the outset that they (foreign suppliers) m\l be required to give a guarantee in regard to the performance of the equipment in question notwithstanding the fact that a part oi the plant (which will, of course, be ot proved efficiency) may have to be purchased from indigenous sources.

(2) Applicants should also furnish with their

import applications, tho following, namely :—

(i) Attested or photostat proforma invoice, in duplicate, in support of the c.i.f. value of the equipment applied for, or other satisfactory and acceptable evidence in support of the c.i.f. price. The pioforma 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 of 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 labrieated within the country.

(3) Applicants are also advised to inform the foreign suppliers, particularly where imports are sought owing to inordinately delayed delivery periods quoted by indigenous equipment manufacturers, that they would have to adheie to delivery dates promised and that the import licences (granted under such circum- stances) 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 spon- soring authority should be recorded in Part TIT of the application.

136. (1) It is of utmost importance that :—

(a) Applicants for import licences for capital goods should cieany specify the country or countries from which imports are to be made. It is not enough to indicate a cur- rency area in vague terms.

(b) Applicants should indicate alternative sources ot 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 would be in a position to find the rupee resources to take advantage ot the licence.

(d) No column of the application should be lei't

blank.

(2) Applicants who would like to approach financ- ing institutions referred to in para. 143(b) below for foreign exchange loans for importing machinery and capital equipment should mention this specifically against column 5.2 of the application for import of capital goods (Form 'E'). In such cases, a special proccduie 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 lor are broadly in conformity with the manufacturing scheme and do not include items which arc ordinarily not allowed to be imported. On the basis of such scrutiny the application will be further processed, and if approved in principle, the applicant will be informed that he may negotiate with the financial institution(s) for foreign exchange loan up to a specified amount. The final list 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 institution(s) in the prescribed form and manner; and the loan amount as well as the import licence will be based on the value of imports agreed to by D.G.T.D.

Advertisement to be made by applicants

(5) Tn cases where import of capital goods is clear- ed from indigenous angle on the condition that for the balance equipment orders should be placed with the indigenous manufacturers of machinery, capital goods import licence will be issued only after the applicant has placed firm orders with the indigenous manufacturers and documentary evidence to that effect is produced to licensing authority.

(6) An existing or a new unit should make only one appliration in a year for import of Capital Goods (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 the 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).

(2) The advertisement should indicate, inter-alia, full specifications, make, model and other detailed particulars of the machinery or equipment or machine tools etc., sought to be imported, the desired period of delivery and other relevant information. It should be specilically indicated in the advertisement whether the drawings hi 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 Gcncial 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 Demi. 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, DeIhi-6 or to the Depot in charge, Government of India Book Depot, 8, K. S. Roy Road, Caleutta-1.

All payments for the publication of the advertise- ment in question should be made in advance to either of these authorities to whom the coruniunicaiion ought to be addressed. The payment hi this behalf should preferably be made by a bank draft or cash, as pay- ment through cheques can be entertained only after the encashment of the cheques, thereby causing delay. The advertisements in question, appealing in the Indian Trade Journal or the Indian Export Service Bulletin, 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 aie hi ihe 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 Directorate Geneial of Technical Development, New Delhi (Co- ordination Section). At the top of the reply, the Serial Number of the adveitisement as appearing in the Indian Trade Journal should be quoted to facilitate proper referencing. In their reply, the indigenous manufac- turers should mention the specifications and particulars of the goods which they are in a position io supply, the period of delivery, prices and other relevant terms. If the indigenous manufacturers are not in u 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,

(6) Industrial undeitakings whether in the public or private sector which have imported machinery lying surplus with them and are, theiefore, 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 cover, to the Directorate-General of Techni- cal Development, New Delhi (Co-ordination Section) in the same manner as indicated in sub-paragraph 5 aiRjvc. In then* reply, full particulars of the machinery, its c.i.r. price and sale price demanded, age of the machinery and other relevant terms should be men- tioned, it should also be mentioned whether the machinery, in question, is lying un-used or has been used, and if so, for how long; the present condition of the machinery should bo clearly described. If the machinery in question had been imported against a licence, the particulars of the licence should be indicated.

(7) Ihe failure to respond to the advertisement on the part of those who are in a position to meet the demand, will lead to under-utihsation 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 tor the machinery or equipment or machine tools, in question. II the import application is not made within three months alter the expny of 45 days from the date of advertisement, the advertisement already made may no longer remain valid, and the applicant may have to advertise again in the manner indicated in this para- giaph, in case he seeks to import the goods hi ques- tion.

(9) In the import application, the applicant should stale 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 whicli are acceptable to the applicant. The import application should be made only in respect of goods tor which no response has been received from the indigenous manufacturers or the response received is nut 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 application two copies of the advertisement.

(',10) Applications for import of capital goods or machine tools in respect of which the advertisement procedure contained in this paragraph is not followed or in respect of which the advertisement does not contain detailed particulars of the machinery sought to be imported, will be liable to be rejected.

(11) In the case of applications for import of tex- tile, jute, hemp and rope, quarries, coal, mining (other ilian coal) and tea machineries, the indigenous manu- facturers should send their reply to the advestisement to the sponsoring authority concerned (in place of the D.G.T.D.).

(12) Adveitisement ptocedure will not apply to the import of machinery required for research and deve- lopment purposes by Research & Development Institu- tions and laboratories.

(13) Advertisement procedure will also not apply to the import of machinery mentioned in Appendix 80 to the Red Book (Vol I) for 1975-77.

Note :—For any guidance in this regard, the appli- cant may contact the Development Officer concerned in the DGTD.

Import of second-hand machinery

138. Applications tot import of second-hand oi reconditioned machinery should always be accom- panied by a certificate by a firm of consulting engineers in the country of origin, indicating the age of the machinery, its present condition and expected life. If possible, a photograph of the machinery proposed 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—\x 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 iuitial application. Failure to comply with this require- ment will hinder the provision of the necessary foreign exchange and may result in rejection of applications. After a clearance hi principle has been secured, there is no objection to import applications being submit- ted in instalments as and when licences are required.

140. Import of textile machinery other than for jute and hemp.—Importers of textile machinery, other than the jute and hemp may note that:—

(i) Applications tor 'productive machinery' as indicated hi 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.

(in) Applications for hosiery and knitting machines will be considered from Actual Users in terms of the policy luid down in the relevant Import Trade Control Policy Book.

required for the setting up of new projects or for sub- stantial expansion will be considered only against one or more of 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- poration of India, Bombay and the Indus- trial Finance Corporation, New Delhi; (c) Long term foreign exchange loans from linancing institutions abroad, as approved and announced from tune 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 '" against which cash licences can

144. Appacftfp import licences will be con- sidered having •*' I "^ ^ 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 hi paragraph 143 above. If the scheme is not considered to be of sufficient priority and/or if funds available with the Govern- ment cannot be allocated, import applications hi respect of such schemes will be rejected.

Import of Capital Goods by export-oriented units

141. Exceptions.—An exception to the above broad principles of licensing of Capital Goods is, however, made hi 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 millstores required

by cotton textile industry.

The licensing policy hi respect of these items is an- nounced in the Import Trade Control Policy Book; or by separate Public Notices issued from time to time.

142. Machinery for stock and sale not licensed under Capital Goods Scheme.—The C.G. Scheme is applicable to the import of machinery and plant requir- ed 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 145. (1) Applications for the import of capital goods, equipment, dies, jigs and tools requited by exporting units will be given high priority and will bo considered for allocation of preferred sources of foreign exchange for import on 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 goods 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 products so as to bring up their product designs and packing standards to inter- national levels will also be considered. These special facilities arc intended to assist manufacturers with a good export performance, so that they may be enabled to further intensify then: export drive.

(2) Exporter manufacturers exporting normally

not less than 10 per cent of their production and intending to take advantage of these special facilities for export pioduction should address their applica- tions for licences to the Secretariat for Industrial Approval (Control Receipt and Despatch Section), Ministry of Industry and Civil Supply, Udyog Bhawan, New Delhi-11 in the prescribed form 'E' (CG) Part

I & II along with the requisite application fee and other document required for the import ol capital goods. In such cases, details of export performance and other relevant information should be given by the applicant in the prescribed proforma which has been added for this purpose as Part II ol the application form \E'.

(3) Applicants should carefully check that the application is complete in ail 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 ol the exported product as well as the production figures. The applicant should also follow the advertisement pro- cedure as laid down hi paragraph 137 above, in cases where the value of capilal goods applied for 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 ol Imports and Exports, (C.G. cell), New Delhi, with thsir recommendations. The Chicl Contioller of Irar* cs, and Exports will deal with the applications on the basis of such recommendations.

(5) Export conditions on C.G. Licences.—(a)

Applications Tor import oi capital ip iS""nay also be considered subject to export c" may be decided hi each case, requirir^ to export goods of a, specified descriy, r- vaiue/quanlity within a specified time limit subject to such other conditions as may be prescribed. Exports, to Sikkim and Bhutan will not qualify lor redemption of export obligation as also exports to Afghanistan and Nepal if made otherwise than in free foreign exchange.

(c) A special cell knpwn as "Export Obligation Cell has been set up in the oilice ol the Chief Con- troller ol' Imports and Exports, New Delhi, to co- ordinate follow-up action is cases wtiere capital goods import licences, Industrial licences or approvals to lorcign collaborations are issued subject to export conditions, lhe manufacturing units concerned will be required to furnish periodical returns to 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 tlic regional licensing authorities in pursuance of the bond/legal agreement, and Lo the administrative Ministries concerned.

(d) The performance of manufacturing units which are granted capital goods import licences, or Industrial Leenees under the Industries (Development & Regula- tion) Act, 1951, or approvals to foreign collaboiation arrangements, subject to export conditions, will be reviewed by an Inter-Ministerial Committee 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.

(t>) The exports made by manufacturers in fulfil- ment of the export obligation from 1st April, 1970 will be eligible for the grant of import replenishment licences hi 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 executed by the unit before it obtains machinery from NSIC etc. The import licence issued to the NS1C 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 piinciple of Government.—Direct negotiations of loan by importers with foreign financing institutions require the prior approval in principle of Government. Such requests should be addressed to the administrative 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 lor which it will be imported, the proposed coun- try or countries of import, the value of imported raw materials/components that will be required annually after going into production, and the particulars 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 lor import of capital goods with an export obligation will be subject to the condi- tion, inter-alia, that the licensee shah execute a bond/ legally acceptable agreement in regard to the fulfil- ment of prescribed export performance. The bond/ legal agreement should be supported by a bank guarantee for an amount equal in value to 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 hi 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, equal to 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 intimate to the licensing authority issuing the CG, licence the name of the licensing office wlieie he will execute the bond/legal agreement to enable the licens- ing authority to incorporate the name of that office in the export condition imposed on the C.G. licence.

147. Imports against free resources on cash or deferred payment /WM'.—When the outlay on

imported plant and equipment in relatively small,, and is likely to be covered by savings or earnings of foreign excange (having due regard to the existing level of imports/exports) as a result of the imple- mentation of 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, o> on deferred payment basis. In gene- ral, Government do not puiposc to encourage import on short or medium term suppliers' credit, and defer- red payment arrangements will only be considered in exceptional cases when the Government are satisfied that the savings of foreign exchange resulting from the output of the plant and machinery proposed to 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 exports of goods for the production of which the plant is to be imported.

148. Spedal form for issue of licences for Capital Goods.—Licences issued for Capital Goods will bear the distinct mark "CG" 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 again ft 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 forrp in the country of origin of the machi- nery.

indicated m 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 licence, within the overall value of the licence;

(iv) if a licence has been issued ("or the import of capital goods (machineiy 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 be open to the licence holder to import the spare parts appearing in the list and for the value of spare parts so indicafed, 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. The licence hol- der can also import these accessories etc. for an addi- tional amount not exceeding 5% of the value of licence within the overall value of the licence.

Imports of Spares

151. (i) If a 1icer.ee has been issued for import of capital goods (machinery and equipment) and the words, 'spare par's' haw, not been mentioned in the description of goods given hi the licence, nor a list of spares has been attached to the l;ccnce, 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- permissiblc 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 date 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 dale of the issue of licence. If the licensee Tails to place firm order on the foreign supplier within the stipulate dperiod of six months, the customs will not allow clearance of the machinery unless the licensing authority for extension in the period of placement of orders beyond six months by a specific endorsement on the licence itself. Therefore, if a licensee fails to place firm 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 of placement of firm order. The licensing 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 will cause 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 validitv period of the licence.

(2) Tn 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 firm order whichever is earlier.

(3) The procedure for revalidation of C O. licences

is Had down in Chapter¹ XI of this book.

Procedure for clearance of applications of enterprises

in Santa Cruz Export Processing Zone for imports

of capital goods.

(iii) if a licence has been issued for the import of capital goods (machinery and equipThot) and spare parts, and n list of snare parts has been attached to the licence, but the value of spare parts has not been 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 Bhawan, 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 '" "J^|Tffl! 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.

(6) Applications for revalidation of CG licences should be made to the Member Secretary of the Board, who will issue necessary instruction to licensing authority.

. ^ '^ 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 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 set up or already established by industrial firms, Scientific & Industrial Research Foundations or individuals for conduct ol research in the areas of their direct interest or indus- trial operation, specialised research projects or pilol plants should be made to the Chief Controller of Im- ports & Exports, Udyog Bhawan, New Delhi, through the Department of Science & Technology, New Delhi.

(3) Applications should be made in the prescribed form 'E' (CG) supported by treasury challan of the re- quired amount towards application fees and othei documents/information required in terms of th< policy in force,

(4) The advertisement procedure is not applicable

in such cases.

Special facilities for Indians returning from/restdtn$

abroad.

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 Bhawan, 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 Imyports & 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.

Imports of capital goods for development and research '"* - y ^ v r ^j activities:

154. (1) Industrial firms, Scientific ft Industrial Research Foundations, unit! or Individual! applying 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 utpo 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. I).

(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 importedB subject to a maximum of Rs. five lakhs in value pur- chased out of the applicant's foreign ex- change earning abroad.

(2) Import applications should be made In the pres- cribed Form "E" to the Chief Controller of Imports ft 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 ).

idvised that requests lor such amendments and revall- dation may be routed through the Central Water and Power Commission to the Chief Controller of Imports and Exports (C. G. Division).

(B) SCHEME FOR LICENSING HEAVY ELEC-

TRICAL PLANT

(C) MACHINE TOOLS

Procedure in respect of machine tools

160. The rules and procedure applicable to capital goods as set-ouL 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 cesential for power plant (cither 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 punposes other than specific electric power projects.

(2) The scheme applies to the following S. Nos. of

the old 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, 46A and 48.

Part IIJ —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 (2) (b) above, (ii) Treasury Receipt showing the payment of the requisite amount of applica- tion 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 Machines Tools in their applications for other spare parts.

Submission of applications

162. Import licences will not normally be granted to actual users for machine tools which are manufac- tured in Tndia. For the list of such machine tools, the actual users should consult the relevant Import Trade Control Policy Book.

FuU 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 Imports and Exports (C.G. Divi- sion), New Delhi, through the Central Water and Power Commission (Power Wing), Government of India.

163. All applications 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. &

(5) The applications should be accompaincd 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

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.

D. etc. 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 trie Chief Controller of Imports and Exports, New Delhi.

Validity of Licence

Validity period of licences

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.

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

159. With regard to revaKdation and amendment

of c.J.f. value of H.E P licence*, the applicant! arc 167. Applications from Actual Users for import of second-hand machine tooli must be accompanied by

a Chartered Engineers' certificate bringing out the following informations:—

(H 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.

(iji) 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 au 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 second-hand machine tools would also be considered, on merits, in consultation with the Development Officer (Tools).

one unit combination designed and made to order, have their own identity and are 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 machines are Currency Printing Machines, com- bining different processes and methods of printing such as letter press, offset and photogravure flexographic printing machines for the production of paper bags which have printing and linings on the inner side, machines for printing special forms, chalians, delivery notes, etc., in duplicates, triplicates and quadruplicates each in different 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 Cylinder Printing 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 m 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 in 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 thft 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

Import of printing machinery

169. (1) Applications 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 bc made in form 'E\ (CG).

(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 design to suit the re- quirements of an actual user. They are broadly of (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.

(6) The machines of the types, namely,, (Q 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 TC 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 parat?raph 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 lo the applicant within the prescribed time with a copv thereof, under registered C^r' X°,t l ie GAof Contr°Uer of Imnorts & 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 India.

Import o] Garage and workshop machinery

B', tnrough the State Director ol Industries, inc Director of Industries should obtain indigenous clear- ance from the DC (SST), New Delhi, before recom- mending a licence.

Import oj Proto-types

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 applications 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 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.

11 A. The procedure for submission of application for import of proto-types is contained in Chapter IV of this book-

Flexibility allowed jor import o\ Hems not covered by

Capital Goods licences

Import of Studio Equipment

171. Applications for import of studio equipment will be considered from film studios. The applica- toins 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.

Units engaged in chemical analysis and testing

172. Applications for import of construction machi- nery will be considered from construction agencies. The applications should be made in form 'E' (CG) and addressed to the 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.

174. The procedure for submission of applications 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 can import items of capital goods which are not covered by the existing import licence/ list of goods attached to the licence upto a limit of 5% within the overall value of the licence provided the goods imported are required for use in the licence holders factory and their import is not otherwise banned in terms of the import policy in force. For such import, the licence holder will not bs required to obtain any en- dorsement on his licence from the licensing authority.

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 unite, will be considered for the import of essential machinery, machine tools and equipments which are not produced indigenously.

(2) The applications should be made to the regional licensing authorities concerned in the prescribed form

6—860 CC of I &E/7S

(2) The items to be imported under this facility will only consist of items of capital goods, equipments and accessories which are permissible in terms of the import policy in force and are essentially required for the implementation of the project; and shall not include import of raw materials, components and spares. The import of items mentioned in list 'A' of Appendix 35 to the relevant Import Trade Control policy book (Vol-I) will also not be allowed.

(3) This facility will be available to holders of valid

Capital Goods import licences.

CHAPTER VII

SPECIAL LICENSING SCHEMES

EQUIPMENTS FOR IRRIGATION PROJECTS

Government Contracts/Stores ordered by Director

General Supplies and Disposals

175. (1) The scheme for the import of machinery and equipment required by irrigatiou projects will apply to import applications of an aggregate value of Rs. 25,000 or more in respect ot 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 I, H a nd V of the old 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—Iron and steel articles and controls including cocks and taps for dams and barrage*. Serial No. 36—All good¹? included in serial Nos. 36(1), 36(2), 36(3) 36(4) and 36(5)—required for Irriga- tion and Hydro-Electric schemes.

Part V.—Serial No. 65—All goods falling under Serial Nos. 65(1), 65(2), 65(3), 65(4) and 65(5) when required for Irrigation Projects. Serial No. 92—Water meters and measuring instruments required for Water Works, Irrigation and Hydro- Electric Projects.

(3) Form and manner of application.—The appli- cations for equipments and machinery for irrigatiou projects will be considered in the same way as the applications for Capital Goods. An applicant should submit one consolidated application in respect of all his requirements instead of making piecemeal applica- tions. The applications should be made in duplicate in the application form prescribed for Capital Goods and Heavy Electrical Plant as given in this book (i.e. Form 'E(CG'), to the Chief Controller of Imports and Exports, New Delhi, through the Central Water and Power Commission, New Delhi.

(4) The application should b? accompanied by I.V.C. Registration/Exemption Number, the treasury receipt, showing payment of application fee, seven copies of the list of goods applied "or, and any other document relied upon by the app'icant or considered necessary in terms of the policy IU force. (A project run as a department of Central or Stite Government is exempt from payment of applicatior fei s and produc- tion of I.V.C. Registration/Exempt'on dumber).

(5) Period of validity.—The, perioi of validity of the licences granted under this scheme has been indi- cated in Chapter XI of this book.

176. (1) Special arrangements have been made to deal with applications for import licences by persons or firus 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.—In 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,

(iii) Contractual value of goods,

(iv) c.i.f. value of goods,

(v) Expected period uf delivery,

(vi) Name of the Indentor. (vi;) 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. in respect of the goods sought to b? imported.

Note (1) : —It may be clarified that no indigenous clearance will be necessary for the im- port of goods which are licensable to actual users in terms of the Import Trade Control policy in force at the time of making the application for the licence. In respect of all other items, it will be necessary for the D.G.S. & D. to obtain clearance from the D.G.T.D., before recommending the import.

N(>le (2) :-— The D.G.S. & D. will issue the I.R.C. after all the terms and conditions per- taining to the relevant contract have been finalised and an indication to this effect will be given in the I.R.C.

(3) Form and manner of application.—Ori receipt of the abovementioned certificate, the applicant should make out a single application in respect of each con- tract, covering all goods under Parts I, II, III, IV and V of tV oki I.T.C. schedule (other than controlled categoric nf imn and steel) in the form prescribed tor establichcd importers (i.e. form 'A') has given in this book. The words "Established Importers" at the head D! IIii" ap'ihValion form should, however, be struck off ami replaced bv word' "D.G.S. & D, CONTRACTS"

in red ink, and clause 7 ol the torm should also be 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 Ferro-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 l.V.C. Registration/Exemption number, the treasury receipt, showing payment of application Cee, 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.

(5) Period of validity.—The period of validity of the licences issued under these provisions is indicated in Chapter XI of this book.

(6) No last dale for applications,—The applications will be entertained as and when received during the course of a licensing period.

(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.

(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 :

dated

"This licence is issued subject to the condition that the goods imported shall be utilised or disposed of in the manner as stipulated in D.G.S. & D. Order No and the imported goods shall not be utilised or dis- posed of in any other manner, without the prior written approval of the licensing authority."

(9) Intimation to licensing authority.—11, 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, stating the circum- stances in which the licensee has failed to utilise the goods for the purpose for which the import was allow- ed. On receipt of such intimation, the licensing authority may consider initiating action under Clause 10-C of the Imports (Control) Order, 1955, as amend- ed, without prejudice to any other action that may be taken acainsi the licensee or any other person in this behalf. "

III, IV and V of the old l.T.C. Schedule (other than controlled categories of iron and steel) in the form pres- cribed for Established Importers (i.e. Form 'A') as given in this book. The words 'Established Importers' at the htud of the application form should, however, be struck off and replaced by the words 'Railway Contracts' in red ink. and clause 7 of ihe form should also be deleted. The application should be forwarded* to the Chief Controller of Imports and Exports (Government Licensing Section), through the Railway liaison Officer, New Delhi. The applications for import of Iron and Steel items and Ferro-Alloys, should, however, be forwarded to the Joint Chief Controller of Imports and Exports, (Iron & Steel Division), Calcutta.

(3) Recommendation for licence.—While recom- mending the import, the Railway authorities should invariably give the following particulars inter alia :—

(i) Railway order number and date.

(ii) Description of goods sought to be imported,

(iii) c.i.f. value of the goods,

(iv) Expected period of delivery.

(v) Name of the indentor.

(vi) Reference number and date under which

foreign exchange has been released.

(vii) Source from which foreign exchange is pro-

vided and mode of payment.

(viii) Reference number and date of the D.G.T.D. under which indigenous clearance has beer obtained.

Note (1) :—It may be clarified that no indigenous clearance will be necessary for the im- port of goods which are licensable to actual users in terms of the Import Trade Control policy in force at the time of making the application for the licence. In respect of all other items, it will be necessary for the Railway Liaison 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 pertaining to the relevant contract have been finalised, and an indication to this effect will be given in the recommendation.

(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

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.

(2) Form and manner of application.—The appli- cant should make out a single application in respect of each contract covering all the goods under Parts. T, II, (5) Conditions on licences.—In addition to any other conditions which may be imposed on or applicable to the licences issued under this scheme, the following condition will also be imposed :

"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 Order No dated and the im- ported goods shall not be utilised or dis- posed of in any other manr er without the

^{3 9 6}/s4 THH GAZET FT OF INDIA EXTRAORDINARY PART T~Src 1

prior written approval of the licensing autho- rity."

(6) The provisions of sub-para (9) of paragraph 176 above, will also apply to licences issued against railway contracts.

(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 Recommen- dation 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 laid down for other Government contracts. The applications for import of Iron and Steel items and Ferro-Alloys should, how- ever 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- ginph (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 subpara (2) above.

(4) The established importers will not be eligible to have their quotas rcfixed on the basis of more favour- able imports in the basic period resulting from the weightage of 50 percent allowed to them on their quota entitlement.

Imports from Afghanistan

179. Imports from Afghanistan are 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 in 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 him, as stated in sub-para (1) above.

Imports from Nepal

Licensing under Trade Arrangements

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 may be made, hereafter.

Imports from Bangla Desh

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 Gov- ernments of India and Bangla Desh and announced from time to time.

183. The Government of India have signed Trade Agreements with a number o! foreign countries. These Trade Agreements are revised from time to time. In 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 arrangements with these particular countries are issued from time to time. For particulars, the importers are advised to contact the Chief Controller of Imports and Exports or the Ministry of Commerce, New Delhi.

Import for stock and sale through Co-operatives

(2) Imports from and exports to Bangladesh against payment in free foreign exchange will be regulated in accordance with the normal policies and procedures as may be in force from time to time, subject to such exceptions and limitations as have been made and are in force, or may be made hereafter.

184. (1) Applications for import licences for cer- tain selcted consumer goods are considered from National Co-operative Consumers Federation, New Delhi, subject to the availability of ceiling.

Imports by traders in Jammu 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 permissible items. They are, however, required to (I) bring the goods imported by them into the State of Jammu and Kash- mir, (ii) their arrival is reported to the Director of Supplies, Jammu and Kashmir, and (iii) they are not to be put up for sale without physical verification by the Director of Supplies.

(2) Applications for licences should be made to the Chief Controller of Imports and Exports, New Delhi, through the Ministry of Agriculture and Irrigation (Department of Co-operation), New Delhi.

(3) Applications should be made in the prescribed form 'B' supported by treasury challan showing pay- ment of application fees, and any other document as may be necessary under the import policy in force.

(4) Import licences issued in such cases will be subject to such conditions regarding distribution or disposal of the imported goods a,s may be imposed by the licensing authorities,

I'ARr I—SEC. IJ 1HE G A ^ t r i ii OF INDIA bXIRAORDJNARY 396/8^

CHAPTER VIII

PUBLIC SECTOR

Part A—Industrial undertakings in the public sector

185. (I) The industrial undertakings in the public sector have been divided into two categories, and the procedure for submission of import applications in respect of each category is different. These two cate- gories are :—-

(i) Industrial undertakings in the public sector excluding industrial undertakings which are run departmental^ by Central or a State Government; and

(ii) Industrial undertakings which are run depart- mentally by Central or a State Government.

(2) Direct allotments of imported materials by canalising agencies—During 1976-77, a new system has been introduced under which actual users will be able to obtain allotments of certain imported materials directly from canalising agencies to cover their require- ments for a period not exceeding 12 months, witnout having to obtain a recommendation from the sponsor- ing authority or a Release Order from the licensing authority. For this purpose, the actual users will be required to make direct applications for allotments to the canalising agencies concerned in a prescribed form (appearing in Appendix 3) in terms of the import policy contained in Red Book (Volume I), Applica- tions for automatic licences/Release Orders and for supplementary licences/Release Orders made to the licensing authorities should not, therefore, include these raw materials. Also, the statement of consump- tion etc. to be furnished by actual users with their im- port applications to the licensing authorities should not include the cif value of consumption of these raw materials. In respect of these raw materials, sepaiatc import applications can be made in exceptional cases to the licensing authorities where the canalising agency is unable to supply the material within the time as sti- pulated in the import policy in force and where neces- sary evidence to this effect is produced to the satisfac- tion of the licensing authority. The detailed policy in this regard is contained in Red Book (Volume I).

of automatic licences, end-product-wise (including re- lated end-products) on the basis of imported raw materials and components consumed by the unit during the previous period in the same manner and subject to the same conditions as have been laid down for the units borne on the books of the DGTD.

(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 automatic licences may be considered having re- gard to the actual consumption of imported raw mate- rials b ythc Unit in the previous period and the value of import licences/release orders for raw materials and components obtained by the Unit by the previous period in the same manner as laid down ia the rele- vant import policy in respect of the units borne on the books'of the DGTD.

(3) Form and manner of applications.—Applica- tions for automatic licences should be made, in dupli- cate, in the prescribed form 'C-F or 'C-IF given in this Book, accompanied by : --

(i) a statement of consumption etc. in the pres- cribed proforma appearing hi Appendix 14. The statement should be certified by a Char- tered Accountant/Cost Accountant in prac- tice or internal Auditor of the Company.

(ii) Treasury/bank receipt showing payment of

application fees on the value applied for.

(iii) the required number of copies of the list of items sought to be imported (the number of copies, of the lists 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).

Import of raw materials, components and spares

(iv) 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 other Public Notice/Trade Notice issued in this regard.

A—Industrial undertakings excluding deparlmentally-

run-undertakings

186. A list of select industries is given in Appendix

(i) Import of raw materials and components

187. (1) Applications on consumption basis.—The Industrial Undertakings in the public sector (excluding undertakings which are run departmentally by the Cen- tial or State Government), whether engaged in select or other industries, should make their impoit applica- tions for materials and components for the grant (4) Supplementary licences :—The Industrial Un- dertakings in the public sector engaged in select industries and IDA industries (excluding undertakings run departmentally by Central or State Government) may also apply for the grant of supplementary import licences for raw materials and components. The applications for supplementary licences in such cases should be made separately to the Chief Controller of Imports & Exports, New Delhi, through DGTD indi- cating clearly the reasons for additional requirements of raw materials and components, by furnishing the information regarding production programme, annual jcquircmcnts of raw materials and components, stock

in nand, expected arrivals, valut of automatic licences/ release orders obtained or expected to be obtained aud the unutilised value of licence/release orders in hand etc. Such applications, should also be accompanied by the consumption certificate in the form appearing in Appendix 14 and should be made in the same form and manner and within the last date prescribed as laid down in the case of DGTD units in the relevant import policy (Red Book—Vol. 11). Where the import policy pro- vides lor the grant of Supplementary licences to the Unit engaged in industries other than those in the Select List/IDA industries the procedure of submission of such applications will be the same as for select indus- tries.

(ii) Import of spare parts

cations tor import ol spare parts to the Chief Control- ler of 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 Controller of Imports & Exports with their recommen- dation indicating the specific allocation of foreign ex- change to cover the import recommended. Such ap- Elication will not be required to be routed through the

>GTD.

(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 be valid lor import of spare parts in the same manner as laid down in sub-para 188(4) above,

B—Undertakings run departmenially by Central ot a

State Government

188(1) Separate application for spare parts.—The industrial undertakings in the public sector whether en- gaged in select or other industries, excluding under- takings which are run departmental^ by the Central or State Governments), should make separate import applications for import 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 appli- cation should be supported by a Treasury/Bank receipt towards payment of application fees and particulars of the machinery in the form given at Appendix 13 to this Book duly certified by a Chartered Accountant or an internal Auditor of the Company. Where as applica- tion of import of spare parts is made on "repeat" basis in terms of the policy in force the applicant will not be required to furnish the particulars of machinery.

(1) Basis of licensing.—The value of licences for import of spare parts will be calculated on the basis of vaJue of machinery installed as indicated in the relevant Import Trade Control Policy Book (Red Book-Vol. 1).

(4) No list of spares.—-It will not be necessary for the applicant to furnish a list of spare parts to be im- ported. Import licence will be valid tor the import spare parts (including consumable spare parts) required for the plant, machinery and equipment instal- led or used in the licence holders factory, including spare parts of ancilliary equipment, control and labo- ratory equipments and safety appliances in accordance with the relevant import policy as laid down in Import Trade Control Policy Book (Red Book—Vol. 1).

189(1) Defence Industries in the public sector.—In the case of industrial units under the Ministry of Defence, a different procedure will be followed. Such units should make their import applications for raw materials and components through the administrative Ministry concerned to ihe Chief Controller of Imports & Exports. The administrative Ministry will examine the applications from the essentiality angle and forward the same, with their recommendation to the DGTD, 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 their comments to the Chief Controller of Imports & Exports, New Delhi.

(2) Industrial units in the public sector under the Ministry of Defence should also make separate appli- 190. Procedure for submission of applications.— (1) Import licences for raw materials, components and spares to industrial undertakings in the public sector run departrnentaUy by Central or a State Government, will be granted against the specific foreign exchange ceiling allocated/released by the Government of India 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- rities concerned.

(3) The appilications should be supported by a letter of the administrative Ministry of the Government of India indicating the sanction for the release of foreign exchange to cover the imports sought to be made. Such letter should also certify in clear terms that clearance 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), Govern- ment of India, for expenditure of foreigu exchange has been obtained.

(4) The provisions of sub-paragraph 187(3) above will also apply to these undertakings. It may, how- ever, be cleariiied that a public sector project/undertak- ing run as a department or an office ot the Central Government or a State Government is exempt from the payment of application fees.

191. Consolidated applications.—It should be noted that an industrial undertaking should submit a conso- lidated application for an import licence covering its requirements of raw materials, components as also, spare parts, including spare parts of machine tools for the particular industry to which the application pertains except that the units engaged in the select industries should make a separate application for spare parts. Where an undertaking has to import goods through different 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 applications for licences in respect of goods to be imported through different agents.

192. Processing of applications and basis of licens- ing.—(1) In the case of industrial undertaking engaged

in the select industries (other than those run depart- mentally by Central or a State Government), the im- port applications will be scrutinized by the D.G.f.D., both from the point of view of essentiality and import policy angles, and import licences will be issued to such units on the recommendations of the D.G.T.D. However, in the case or units under the Ministry oi Defence, and the units under the Ministry of Steel and Mines, manufacturing iron and steel, the D.G.T.D. will scrutinize the applications from import policy angle only; and the essentiality for import in such cases will be determined by the administrative Ministry con- cerned.

j£ •jjtfk

(2) In the case of industrial undertakings engaged in industries other than the select industries (exclud- ing those run departmentally 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 licence will be issued to such units on the recommendation of the D.G.T.D.

(3) In the case of undertakings run departmentalJy 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 D.G.T.D.

(4) In the case or' 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 ol D.G.T.D. will be forwarded to the Chief Controller of Imports and Exports, New Delhi, alongwith one copy of the application for licence in each case and the treasury challan furnished by the party. The required number of copies of the hst of goods recommended for import by the D.G.T.D. in- cluding one copy ot the list duly attested by them, will also be sent to the Chief Controller of Imports and Exports, New Delhi, alongwith the recommendation in all cases. The D.G.T.D. will also send a copy of their recommendation to the applicant returning to him therewith one copy of the list of the goods applied for, with such changes as may be made by them in the list.

(5) In the case of units where the D.G.T.D. will be required to examine the application only from the import policy angle, the D.G.T.D. will attest one copy of the list ot items cleared by them for use in the licen- sing office. The D.G.T.D. will also send one copy of the list to the applicant with such changes as may be made bv them in the list.

consider the applications on the basis of the foreign ex- change release and the clearance obtained by the applicant as indicated in sub-paragraph (3) above.

(8) The licensing authority will issue consolidated licence (s) to each industrial undertakings for the import of raw materials, components and spares except that in the case of units engaged in the select industries, separate licence will be issued for spare parts. How- ever, instead of issuing consolidated licencc(s) 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- graphs 84 and 85 of this book will also be applicable to the import licences for raw materials, components and spares issued to the 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 lor raw materials and components upto 5% ot the value of the licence, as provided m Section I of the Red Book (Vol. I) will also be available to similar industries hi the public sector, subject to the same conditions/restrictions as laid down.

194. (1) The emergency licence for spares. The tacility provided to actual users for grant of emergency licences for import of spare parts wili also be available to industrial undertakings in the public sector up to a total value of Rs, 40,000/- iu each case during the course of the licensing period. The applications for emergency spares can be made by the undertakings to the regional licensing authority concerned. In each application, the undertaking should indicate the value of emergency spares licences already obtained or applied for during the licensing period.

(6) Processing of application In licensing office.^

On receipt of the application and the recommendation from the D.G.T.D./administrative Ministry, whenever such recommendation is required under the relevant policy, the licensing authority will check the treasury challan, and if the application is found to be in order, the licence will be issued or refused, as the case mmy be, based on the recommendation of the D.G.T.D./ administrative Ministry. The value or quantitative li- mit, if necessary, in respect of any item allowed to be imported, will be imposed by the licensing authority on the basis of the recomendations of the D.G.T.D.

(7) In the case of applications from departmentally- run industrial undertakings, which arc not to be spon- sored by the D.G.T.D., the licensing authority will (2) Industrial undertakings in the public sector may be granted import licences for emergency spares for a value more than Rs. 40,000/- in a licensing period but not exceeding Rs. 2 lakhs in a period. However, the value of such licences issued in excess of Rs. 40,000/- in a licensing period will be adjusted against the value of licences for import of spare parts to be issued to the same unit in the subsequent licensing period.

(3) Applications for import of spare parts may be considered by the licensing authority to enable public sector undertakings to make an after-sties obligations. Value of licence in such case may be determined with in 0.1% of the ex-faetory value of production during 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 100.

iy5. (1) Applications for amendment in the licences. —The applications of amendment in licences should be made by the licensee direct to the licensing authority concerned. Where any change in the description of value of goods is sought, the application for amend- ment should be made through the Directorate General of Technical Development in the case of undertakings sponsored by the D.G.T.D. In the case of undertak- ings not sponsored by the D.G.T.D., the application tor amendment in value of goods should be made through the administrative Ministry concerned or supported by the same evidence as is necessary for obtaining an import licence.

(2) Application for invalidation.—The applica- tions for revalidation of licences should also be made direct to the licensing authorities concerned, in the prescribed application form as given in this book. While applying for revalidation of licence issued for the import ol goods under Foreign Credit, Loan or other tied resources, it should be clearly indicated whether the date/period upto which revalidalion 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 (multi-unit enterprises) may transfer imported raw materials/components from one industrial unit to another in the same multi-unit organisation, in order to meet their production prio- rities. Such transfer shall be subject to the condition that the raw materials and components in question shall be used by the transferee unit for production in an industry included in the 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 which the said materials were imported. The report should reach the licensing authority within 15 days from the date of transfer.

197. Industrial undertaking of State Governments. —The procedure applicable to the industrial undertak- ings in the public sector in the preceding paragraphs will also apply to the industrial undertakings of the State Governments.

Import of capital goods (plant and equipment) 198. The public sector projects/undertakings should submit their applications for 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 appned for. (It may be clarified that a public sector project/ undei taking run as a department or an office of the Central or State Government is exempt from the payment of application fee). And (iii) 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 other 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 imports 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 limtis 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.

200. (1) Applications made directly to the CCI&E will be refcired to the DGTD tor their recommenda- tion regarding essentiality for import and for clearance from indigenous angle.

(2) Such applications will be considered further by the CCI&E based on the recommendation of the DGTD in terms of the import policy in force and subject to the availability of foreign exchange. The applications will be placed before the C.G. Ad hoc Committee for consideration.

201. (1) Applications received direct by the Secre- tariat for Industrial Approvals, if complete in all res- pects, will be forwarded to the DGTD/other technical sponsoring authorites concerned for their scrutiny and comments regarding essentiality of import and indige- nous clearance. The import aplications along with the comments of the DGTD etc. will be considered further by the CG Main Committee in the Ministry of Industry & Civil Supplies in terms of the import policy in 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 Chief Controller of Imports & Exports (CG Cell), New Delhi for further processing. While forwarding the applications to the CCI&E, the Secretariat for Industrial Approvals will inform 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, fixtures, testing instruments/equipments and machinery against their REP entitlements under the import policy for Reigster- cd Exporters as laid down in para 45, Part 'B', Section I of the Red Book (Volume II). The procedure for submission of such applications will be the same as laid down in the import policy for Registered Exporters.

203. Advertisement Procedure.—Industrial under-

lakings in the public sector aplying for import of capital

goods (plant and equipment) for a value exceeding Rs. 7.5 lakhs (exclusive of the vaue 01 machinery mentioned in Appendix 80 to the Red Book—Vol. I for which the advertisement is not necessary) should follow the advertisement procedure laid down in para- graph 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 allowed for import of items not covered by C.G. 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 be placed within six months. After firm orders have been placed on the foreign suplier, 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 used which ever is earlier.

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 tor 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).

Part D—Slate Electricity Boards/ Projects/Undertakings

(i) Import of maintenance atid operational items of

spares and stores

206. Applications for the import of raaintenacc and operational items of spares and stores should be made by the State Electricity Boardb/Projeels/ 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 later 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 applications 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.

(It the goods arc to be imported against more than one mode of financing, e.g., Free Foreign Exchange. Rupee, Foreign Credit, etc., the aplication should be supported by five copies of the list of items to be imported against each such mode of financing).

(iii) A treasury receipt showing the payment of

aplication fees on value applied for.

(It may be clarified that a Project or a Board or Undertaking run as department or 208. (1) Where an allocation has been made by an appropriate authority to any State Electricity Board/ Project/Undertaking tor the import of maintenance and departmental items of spares and stores, it will not be necessary lor such an applicant to produce with the application for 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 value of the goods applied for is within the allocation made to the concerned Board/ 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 hcences should be routed through the Central 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 items of 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 State Government as the case may be, and to the Ministry of Finance, Department of Economic Affairs |F.E.B. (II) Branch], New Delhi, indicating the amount oE 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 for the grant of emergency licences for import of spare pacts will also apply to State Electricity Board/Projects/ Undertakings upto a total value of Rs. 40,000/- in each case during the course of a licensing period.

(2) Aplications 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.

to the applicant for his inlormalioni with such amendments as may be made by them in the list.

Capital goods and electrical plants

State 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 Rb. 1 lakh per annum per 100 MW of Hydro Plant lor 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 ellect that tne value ol spare parts applied for is within the aforesaid monetary ceilings allocated by the Ministry of Irrigation and Power, New Delhi tor the purpose.

(3) Applications for licences in terms of sub-p&ra (2) above can be made to the Headquarters office of the Chief Controller of Import & Exports, New Delhi or to the Regional licensing authority concerned. In each apiication the applicant should indicate the value of emergency spare licences already obtained or applied for during the same licensing period. The ap- plication should also be supported by a list of spares sought to be imported, indicating the c.i.f. value of each item.

(4) Import licences issued under this provision will

have an initial validity period of 12 months.

213. Applications lor import ol capital goods and electrical pianls may be made by the State Electricity Boards/Projects on the basis of ioreign exchange released to cover the import and based on the indi- genous clearance given by ihc Central Water and Power Commission. The applications should be made to CCT&E New Delhi through Central Water & Power Commission, New Delhi.

214. Applications for amendments in licences should be made by the State Electricity Boards/Undertakings/ Projects direct to the Chief Controller of 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 for amendment should be routed through the Central Water and Power Commission.

Import of raw materials, components and

major assemblies

212. The State Electricity Boards/Undertakings/ Projects should make their applications for the import of 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 th* Cen- tral Water and Power Commission, N"w 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 revali- dation of licences issued for the imports of goods under Foreign Credits. Loans, or other tied resources, it should be clearly indicated whether the date/period upto which revalidation is asked for, falls within the date/period of teiminai delivery fixed under the parti- cular Credit, etc.

216. Applications for import of essential require- ments by Electricity Projects or Undertakings in the private sector will also be considered by the Chief Controller of Imports and Exports, New Delhi, on the recommendation of the Central Water and Power Commission having regard to the import policy w force. Such undertakings should make their applica- tions in Form 'B'.

Part C—Government departments, projects

(a) A treasury receipt showing the payment of application fees on the value applied for. (It may be clarified that a State Elec- tricity Board or Undertaking or a Project run as a Department of a Central or a State Government is exempt from pay-

ment of application fees).

(b) Seven copies o{ the list of items sought

to be imported.

(c) Any other documentary information conti- deicd necessary or required in terms of the provisions of this book; or the Import Trade Control Policy Book; or any other Public Notice/Trade Notice iwued in tbk regard.

(iii) The Central Water and Power Commissio* will forward one copy of the application along with the treasury challan and five copies of the list of goods, including one copy duly attested by them, to the Chief Controller of Imports and Exports, N"W Delhi, with their recommendation.

(iv) The Central Water and Power Commission will also send a copy of the list of the ittm" 111, Import licences to Central and State Govern- ments departments/projects will be granted against the specific foreign exchange ceilings allocated/released by tne Government of India 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 application for the licence should be made in form 'B' as given in this book. The appli- eant should send only one copy of the application to the licensing authority accompanied by the follow- ing :—

(i) A letter from the administrative Ministry of the Government of India indicating the sanc- tion lor 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 ol iiconornic Affairs), Government of India tor expenditure of foreign exchange has been obtained.

(li) Five copies of the list ot goods sought to be imported, as cleared by the D.G.T.D. fiom indigenous angle.

Note.—It may be clarified that the Central and State Government departments and projects run as a department of the Central or a State Government are exempt frorn application fees.

221. Impon of spate parts by Irrigation projects,— (1) The facility provided in paragraphs 2U6 to 210 for import ol spare parts and in paragraph 194 for issue ol emergency licences for import of spare parts to Industrial Undertakings in the public sector upto a total value oi Rs. 40,000/- in each case during the course of a licen&ing period will also be available to irrigation projects in the public sector. Applicaticxnfi lor emergency spares can be made by the irrigation Projects to the regional licensing authority concerned. In each application, the Irrigation Projects should indi- cate the value of emergency spares licences already obtained or applied for during the licensing period.

Part D—Non-industrial undertakings in the public

sector

220. (1) The procedure indicated in paragraphs 217 to 219 above will also apply to non-industrial undertakings in the public sector.

(2) Impun of spare parts by non-industrial under- takings.—\n 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. tor indigenous clearance. In such cases, the follow- ing procedure will be followed :—

(0 While applying lor an import-licence a list of the spare parts sought to be imported need not be furnished. Instead the applicant should bend a list of machinery and equip- ment for the maintenance of which the spare parts are required. The application will, as usual bs supported by sanctioned 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.

(in) If an undertaking requires to import spare parts which are specially 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 denied 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.

(2) Application for emergency licences for import of spare parts in excess of the value limit mentioned in sub-para (1) will also be considered from Irrigaton Projects in the Public Sector provided the total value of such licences ibtained 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 of which the spare parts are sought to be imported. Along with such import application the applicant should furinish a dec- laiation to the effect that the value of spares appli- ed tor is within the aforesaid monetary ceilings allocat- ed by the Ministry of Irrigation and Power, New Delhi to the applicant.

(3) Applications for licences in terms of sub-para (2) above can be made to the Headquarters office of the Chief Controller of mports & Exports, New Delhi or to the Regional licensing authoriy 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 c.i.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.— Appendix 41 to the Import Trade Control Policy Book (Vol. 1) contains the import policy in respect of 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 of Steel & Mines, instead of obtaining such clearance from the D.G.T.D.

223. In respect of items the import of which is ca'nalised through a Public sector agency, the licensing authority will issue a release order in favour of an Industrial Undertaking/Non-Industrial 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 canalis- 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 users (non-industrial) are those who require imported equipments, spare parts or other materials for their own use, but who are not engaged in industrial production.

(2) Actual users falling in this category have been broadly classified into the following two sub-groups :—•

(i) Actual users (services), which include actual users liko newspaper establishments, cons- truction agencies, fleet owners, garages and workshops, tyro retreading units, film studios and laboratories, publishers of books and printers, (including those engaged in the printing of exercise books, receipt books, ledgers, card records, and various types oil invoice forms, folded, plain and printed sheets).

(ii) Actual users (Institutions), which include actual users like educational institutions, re- search organisations, technical/ technological institutions and hospitals.

(3) Sponsoring Authority.—(a) Application for of spare parts for maintenance of the imported machi- nery and equipment, or indigenously-made machinery or equipment having imported components, or for im- port of other materials will be considered in accord- ance with the relevant 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 actual users in this category may also be considered on merits subject to the avail- ability of foreign exchange to meet the essential requirements of materials which are not available from indigenous sources.

(4) Consolidated applications.—The applications should bo consolidated ones, covering the import re- quirements of the applicant unit in respect of all items, excluding newsprint and art paper. Common owner- 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 tho requirements of each establish- ment, For the import of printing machinery, separate applications should be made in accordance with the procedure laid down Chapter VI.

(5) Accompanying documents.—Applications

should be accompanied by the following :—

(i) Treasury challan showing the payment of application fees in the case of newsprint, the newspaper establishments have been exempt- ed from payment of application fees on an application covering a quantity 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.

(iii) Five copies of the list of items to be im-

ported.

(iv) Any other evidence as may be necessary in terms of the import policy in force.

Newspaper Establishments/Publishers of Periodicals

225. (1) Licensing authority.—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 simplified form for submission of import applications has been pres- cribed for this category of actual users (Form 'J'), which is given in Appendix 3. The application for import, licences should be made, in duplicate, in the prescribed form.

(3) Sponsoring uthority.—(a) Application for import of newsprint and art paper should be made, in duplicate, through the Registrar of Newspapers, Minis- try of Information 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.

(6) Application on annual basis.—Applications for import of newsprint and art paper should be made on annual basis within the last date prescribed for this purpose in the relevant import policy. In respect of other requirements also applications should be made on annual basis. Tho last date for submission of applications will be as prescribed in the relevant policy.

(7) Value oi licences to be issued.—Value ot licences for import of specialised requirements will be determined in terms of the import policy in force, having regard to the value of licences issued for the previous period. The applicants should, therefore, in- dicate in their import applications the value of licences for these goods obtained by them for the previous two licensing periods.

(8) Associate Presses can also apply.—Applications

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, tho applicant should

produce satisfactory documentary evidence in support of their having long-term arrangement/contract with the newspapers.

Publishers of books

Printers

226. (1) Licensing authority.—Import applications from printers other than associate presses referred to in sub-paia (8) oF para 225 above, will be considered by the regional licensing authorities concerned, except for printing machinery for which the licensing autho- rity 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 case of a printing unit will be the State Controller of Print- ing. But the units which have already got themselves registered as small scale units with the State Director of Indusries, should make their applications through the State Director of Industries only.

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.

(2) Form and manner of application.—The applica- tions should be made on annual basis in the prescribed form 'B', and it should be accompanied by a treasury chalan 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 books, namely a certificate from the Federation of Publishers and Book Sellers Association in Indira, A—84A, NDSE Part IT. New Delhi-49; or the Publishers Association ot India, 14/18, Calicut Street, Ballard Estate, Bombay-1; or the Indian National Refrcnce 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) Value of licences to be issued : Value of import licences (other than machinery) will be determined in tcinis of the import policy in force, having regard to the recommendation of the sponsoring authority and the value of licences issued for the previous period. The applicants should therefore indicate in their import applications the value of licences for the same goods obtained by them for the previous two licensing periods.

(4) From and manner of application. —Applica- tions should be made in the prescribed form 'B' and should be supported by the following :—

0) Treasury challan showing the payment of application fees on the value applied for. Hi) Details of the existing machinery, viz., des- cription of the machines, ape of each machine, country of origin, and c.i.f. value, in the case of imported machinery or pur- chase value, in the case of locally purchased machinery.

Ciii) Five copies of the list of items to be imported.

O'v") Any other evidence as may be necessary in

terms of the import policy in force.

228. (1) Licensing authority.— Application for

import of spare parts by constructing agencies will be considered by the regional licensing authorities con- cerned.

(2) Form and manner of applications.—(a) The applications should be made on annual basis in the prescribed form 'B'. It should be accomapincd by treasury chalan showing payment of application fees.

(b) Applicants should fnrnish five copies of the list of spare parts sought to be imported. Application¹* may be considered for import of items recommended by the sponsoring authority and not available from in- digenous sources.

(c) The date for submission of applications will

be laid down in the relevant import policy.

(3) Particulars 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.l.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 ia which he machinery referred o 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- siilation with the concerned department of the State (.Tovernment.

Garages and Repair Workshops

(5) Consolidated applications..—The applications should be consolidated ones covering the requirements of the aoolicant unit in respect ofall items excluding printing machinery.

(6) Annual applications.—Applications should be made on annual basis. The Ante for submission of applications will be as laid down in the relevant ppiicv

229. (1) Licensing authority.—Applications from garages and repair workshops for import of spare parts of 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 snowing payment of application fees.

(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) The date for submission of such applications

will be as laid down in the relevant import policy.

(iv) The date for submission of such applica- tions will be as laid down in the relevant import policy,

(4) (i) The following vehicles will not be taken into consideration as a part of the fleet for the purpose of these provisions :—

(a) Motorcycles, scooters and auto-rickshaws.

(b) Passenger cars meant for private use.

(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

(3) Sponsoring authorities.—The applications should be made through State Directors of Industries.

Fleet Owners

230. (1) Licensing authority.—Applications 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 oil permissible motor vehicle parts in terms of the import policy in force.

(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 recommenda- tion. The Registrar of Co-operative Societies will also verify the correctness of the particulars of the vehicles accompanying 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.

231. (1) Licensing authority.—Applications from tyre retreading units for import of permissible spare parts of machinery will be consilered by the regional licensing authorities concerned,

(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.

fc) The date for submission of such applications

will be as laid down in the relevant import policy.

(3) Sponsoring authorities.—The applications

should be made through State Directors of Industries.

Film Studios and Laboratories

(3) Form and manner of application.—Applica- tions under the provisions should be made in the pres- cribed 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. This state- ment should be certified by the Regional Transport Authority, or State Motor Trans- port authority, or State Motor Licensing Officer. In the case of State Transport undertakings, the statement may be cetrified by the General Manager or Managing Director of the undertaking.

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 list of items sought to be

imported.

(c) The date for submission of such applications

will be as laid down in the relevant import policy.

Universities, Institutions' and Hospitals

(iii) It will not be necessary for the applicant to furnish a list of items sought to be imported. Import licences will be valid for such items of motor vehicle parts, as may be permitted by the licensing authority, under the reit*-

' vant import policy In force,

233. Licensing authorities.—(a) Applications for the grant of import licences from universities, educa- tional institutions, research organisations, technical/ technological institutions and hospitals, will be con-

sidered by the Chief Controller of Imports and Exports, New Delhi unless otherwise provided.

(b) Applications from actual users such as libraries, universities, and technical and educational institutions for import of technical books and permissible categories of magazines and journals wil be considered by the regional licensing authorities.

234. Sponsoring authority.—(a) Applications from departments and constituent colleges of universities and institutions affiliated thereto, (excluding medical and agricultural institutions), should be made through the University Grants Commission, New De}hi.

(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 ffrom agricultural institutional should be made through the Ministry of Agriculture and Irrigation (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 Controller 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 applications, 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 (Form '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 agefits by obtaining letters of nuthnritv in favour of such agents, the application for licence should be accompanied by separate list of goods to b- imported through each agent in such cases, ths applicant can also make separate applications for licence in respect of goods to be imported through ^ifferent agents.

(d) T*>ere will be no last date for submission of anrliritions during a licensing period. The sponsoring mirt-oriiv may, however, fix a last date for submission of apnlintions 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. Information to be Furnished with Import Applications

236. (1) All institutions including medical colleges and research/agricultural institutions applying for im- 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;

(iii) 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;

(iv) whether the stores covered by the application are required for the replacement of old stores or for expansion;

(v) 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 the authority (to be named); and

(vS) whether and why the import of stores covered by the application (a) is considered urgent and inescapable, and (b) cannot be 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 period 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 such as a University or a Board, and if so, the name of the University or Board, etc., concerned. v (ii) Whether the institution forms a department or a constituent of affiliated institution of the University.

(iii) Whether the institution is managed by 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.

(vii) Particulars of grants, if any, received from Central or State Government or the Univer- sity Grants Commission, or any other body ' (to be named).

(b) By Research Institutions : —

(i) Whether the institution is managed by Go- ernment or some Corporation/Municipality, etc., (to be named); and if managed by Government, whether it is managed by the Central or a State Government.

(ii) whether the institution forms a department

of a constituent 01 affiliated 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

clenrly state : —

(i) whether (he hospital is managed by Govem- vernment or some Corporation/Municipality, etc., (lo be named), and if managed by Government whdher it is managed by the Central or a 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. its value, brief description of goods and the imports effected.

239. Applications for import of goods received as gifts 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 bv 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 mven, should also be quoted,

241. Application fees.—(I) H o s p i t a ls o w n ed 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.

241 A. I.V.C. Number.—The production of I.V.C. Registration/Exemption number has been dispensed with in the case of applications for licences from edu- cational or charitable institutions which are exempt from payment of income-tax.

CHAPTER X

REPLACEMENT LICENCES

242. Replacement licences or Customs Clearance Permits for the import of goods to replace those which are short-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

                                                                     (3)  Where  an insurance policy has been taken  from
                                                                  an  Indian  company,  a  replacement  licence  under  sub-
   243.  Where  the  import  of  goods  would  have  been
                                                                  para  (1)  above  may  be  issued  without  the  condition
covered  by  a valid licence if  they had  in fact   arrived,
but  are  short-supplied,  short-landed  or  lost  in  transit    mentioned  in  sub-para  (2)  above,  provided  the licens-
prior  to  actual  import,  and  are  detected  as  such  at  the ing  authority  is  satisfied  on  the  basis  of  evidence  in
time  of  clearance  through  Customs,  no  fresh    licence      the  form  of  a  certificate  from  the  insurance  company
would  be  issued  to  cover  the  goods  supplied   in  re-      that  the  insurance  policy  in  respect  of  the  goods  lost,
placement  thereof,  if  the  original  licence  is  available    damaged  etc.  had  been  issued  by  the  company  in
for  their  import.  If  the  original  licence  has expired,     India  and  the  claim  has  been  accepted  for  payment  in
it  may  be  revalidated  to  facilitate  the  import  of  such   Indian  rupees.
goods.

Loss or damage &tter 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 tht 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 certificate 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 compuanies whose head offices are outside the Indain 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 such goods to the insurer who settled the claim.

Goods found defective or unfit for use after import

(ii) 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 goods lost or damaged.

N.B.—Where it is confirmed by the insurers or their local agents that separate insurance survey has not been conducted and that the claim has been settled on the basis of survey conducted by the steamer agents or on the basis of the certificate of examination by the Customs authorities, or the certificate of non-delivery issued by the Port Trust authorities, the licensing authority may accept such certificate/survey report issued by the steamer agents or customs or Port Trust authorities in lieu of insurance survey certificate. How- ever, if the survey report or the certificate produced by the applicant does not give specific details in regard to the loss or damage claimed, he may be asked to nro duce additional evidence such as correspondence exchanged with the carriers, insurers and Port Trust authorities.

7_G_1CCofl&p/76

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 stimulated in the said Open General Licence arc fulfilled. A copy of the Open General Licence No. IV as amended, is given in Appendix 24 to this book-

(2) In cases involvinR import of Roods free of charge, in replacement of those found defective or unfit for use after import, which are not covered by Open General Licence No. IV, the licensing authority mav considered the application for replacement licence or Customs Clearance Permit on production of the fol- lowing documents:—

fi) Survey certificate issued by any authorised survevors 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 insurance 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. Tn 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)

Replacement of machinery items

of paragraph 244 above will apply in such cases also. 248. Applications for replacement licences or Cus- toms Clearance Permits in cases which are not covered by the provisions contained in this chapter will be considered on analogous principles 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. In such cases and also in cases involving replacement of goods, which are rendered defective after use during the guarantee period, if the supplier agrees to replace the defective or broken machine or its part free of charge, the application for replacement licence may be considered on production of the follow- ing 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 IV..

(2) The Exchange Control copy of the replacement licence, if issued in terms of the provision of this paragraph, will be valid for the remittance of foreign exchange required to cover further insurance and freight only.

(3) Tf the supplier accepts to replace the goods free of charge on the condition that the machine or its Dart, originally imported, shall be returned to him, the applicant will be rtquired to return the machine or its part, originally imported, to the supplier abroad.

247. (a) In the case of machinery, if any part of the machine is found broken, lost or damaged upto the time of installation of the plant/machinerv 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 want of replace- ment licence in such a case, provided that applicant pro- cjuces the following evidence •—

249. (1) Application for replacement licences or Customs Clearance Premit should be made, complete in all respects, in the prescribed from (Form 'M') and should be sentt o the licensing authortiy 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 this 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 bp 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 malde within a period of 90 days from the date of arrival of the machinery in the applicants' factory or godown, except in cases covered by the guarantee given by the foreign supolier/manu- facture for replacement of goods rendered defective after use. 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 within 60 days of the settlement of the claim by the insurance company,

(5) In the case of applications 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 alongwiUi the original documents. The licensing authority, after disposal of the application, may retain attested copies and return the original ones 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 imported goods which were found defective or otherwise unfit for use, provid- ed that in the case of such goods supplied free of charge in pursuance of suppliers guarantee, the licens- ing authority is satisfied that the importer was unable to have the poods .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 will 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 revaluation 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 canalis- ing agency concerned with a Letter of Autho- rity 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 VAI TDITY 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 matcriak/coiu- ponents/spares issued to actual users for imports from General Currency Area or Rupee Payment Area, the validity period of tne 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 penod 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 validity 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).

(5) The initial period of validity of licences for machine tools covered by CG. scheme, will be the same as for CG. licences,

(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 validity period of 18 months, will automatically he deemed to be valid for 24 months from the date of issue, provided these licences have not already been revalidated beyond their initial validity period of 18 months and were valid on 31st March, 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. This facility will also be available to im- port licences issued to canalising agencies like MMTC, STC and SAIL, International Ltd,

(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 revalidated beyond their initial validity 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

(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- 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. However, in cases where the applicant needs more than six months, the licensing authority may, in its discretion, allow longer validity period but not exceeding 12 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 re-

placement 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 wi|| be }8 months.

252. Imports by sea.—In the case of shipments against import licences, made by sea, the 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 issued 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 p-xact 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. Tn such cases, the date shown apainst the endorsement No. (ii) above., i.e., shipped in srood condition and order, appearine 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 Rs 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 air.—In the case of imports by air, the date of air consignment nole 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 aii-port m the country.

Note.—In cases where a doubt it. icit 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 of 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.

(4) Imports jrom land-locked countries.—In the authorised even though the importer holds a licence on the date of arrival of goods, at an Indian port. Similarly, the goods shipped or despatched after the expiry of the period of validity of the licences 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 and shipped/despatched by the suppliers.

(2) Where the date of expiry of an import licence kills 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 issued on 10th November, 1975, and is valid for 12 months, it will normally expire on 10th November, 1976 but in accordance with the provisions of this paragraph, such licence will be treated as valid upto 30th November, 1976.

(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

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 ot 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 India on 'through consignment' basis.

Note No. 1.—A through Bill of Lading taflying in all

material particulars and giving evidence ol no undue delay by halts or break of journey, will normally constitute sufficient proof of a 'through consignment'.

Note No. II.—Ihis concession will be applicable only in tho case of imports fro,in 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 her 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) In order to facilitate shipment/despatch of goods against licences, a grace period not exceeding 00 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, 1976, and the licence will be completely dead on the 30th January 1977.

(2) The grace 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 invalidated 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 impoit licences to cover imports

253. (1) Validity is related to date of shipment/ despatch.—The validity of an import licence is decided with reference to the date of actual shipment/despatch of the goods from the- supplying country and not the date of arrival ot 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 i[ they arrive al an Indian povi utter the expiry of the licence, if the itnpoil is otherwise covered by the licence. On the other hand, if the goods are shipped or despatched before tho date on which the licence is issued, the import will t\ treated as un- (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 he 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 para- graph.

Revalidation of licences

255. (1) Application tor revalidation.—A form of application for revaluation of licences has been intro- duced. The prescribed form appears in Appendix 3 to this book. Ail requests for revalidation ot licences trom actual users, established importers or others should be made in the prescribed form. While apply- ing lor revalidation, the applicants should specihcally muicate the amount lor wnich rhni and irrevocable commitments has been made and the amount wtuch has been utilised during tile initial period ot validity including period oi revalidation already availed oi if any, in toe appropriate columns of the prescribed application lorm. It is not necessary for an importer to get his import licence invalidated merely for the purpose of remittances against the imports already made. In such cases the importer may approach the authorised dealers in foreign ex- change with the relevant documentary evidence show- ing mat the goods were imported within the validity period of the licence. The authorised dealers in loreign exchange will consider such cases in accord- ance with the relevant rules.

(2) Actual users.—Requests for revalidation oi 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 difficulty 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 reralidation is other- wise allowed in terms of the relevant import policy.

(3) Established importers.—Requests for revalida- 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 possi- ble measures to effect shipment/despatch within the validity 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 be 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 within 6 months, his requests for extending this period may be considered by the licensing autho- rity, 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 granjt further time for placing firm order will cause genuine hardship.

(b) In the case of CG/HEP licences, other 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, the requests for revalidation beyond this period may also be consi- dered inj consultation with the sponsoring authority concerned having regard to the delivery period of goods.

(c) Jn the case of C.G./H.E.P. licences, other than those against tied credits, if the licensee fails to place firm order on the foreign supplier, or the foreign sup- plier has not accepted the order, during the stipulated period of 6 months or during the first extension, if any, granted for this purpose, tne 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 m consultation with the sponsoring authority concerned, but, in such cases, licensing authority may exciude li'om the licence the items available from indigenous sources, before further time is granted.

id) in the case of C.G./H.E.P. licences issued ugamst tied credits, if a tirrn order has been piaced and accepted by the loreign supplier within the period ot 6 months from the date ot issue of the licence, or wituin such time as has been specified in the conditions ot the relevant credit for this purpose, whichever is less, and as per terms and conditions of the credit against which tne licence is issued, the licensing autority may consider request for extension of validity of the licence on merits, having regard to the delivery period of goods and the term and conditions of the credit against which the licence is issued.

(ej In die case of C.G./HE.P. licences issued against tied credits, if the licensee fails to place firm order within six months from the date of issue oi the licence or within such period as has been specified in the licence for this purpose, whichever is less, or the loreign 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 lor allowing a iurther 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 accept ed the order, requests for allowing further time for placement of firm order may be considered in consul- tation with the sponsoring authority concerned but in such cases, the licensing authority may exclude from the licence the items available from indigenous sources, before further time is granted. But if a firm order has been placed and accepted by the foreign supplier dur- ing 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 considered by the licensing authority as provided in sub clause (b) of this sub paragraph.

(f) Requests for revalidation of licences for import of 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.

(6) Irrigation projects.—The licences for the import of equipment for irrigation projects will be extended by 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 quesion 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 noi be granted.

(7) D.G.S. & D./Railway/Defence contracts— Licences issued against the D.G.S. & D./Railway/Def- ence contracts will be revalidatcd on the recommenda- tion of the D.G.S. & D./Railway Liaison Officer/ Ministry Defence, as he 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.CP.—A Customs Clearance Permit may be revalidated upto a period of six months. A. C.CP. issued for import of replacement consignment may be revalidated 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. 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 revaiidation was due to circumstances be- yond the control of the licensee.

(2) Date from which revalidation will lake 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 for re- vahdation 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 condorsement on the licence 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

(11) In cases rjfot covered by sub-paras. (1) to (9) above, no revalidation of licences will ordinarily be allowed. But in case of genuine difficulty, the licensing 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.

258. (1) The initial period of validily of release orders in respect of items the import of which is cana- lised through public sector agencies will be 18 months, unless otherwise provided.

(2) A release order shall be subject to the follow-

ing condition inter-alia ;•—

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 CG./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 thsi 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) Applcations for revalidation to be made in time, —The requests for revalidation of licences should be made within the validity period of the "It is a condition of this release order that it shall be registered with the canalising agency concern- ed within 90 days from the date of its issue, in accordance with the conditions prescribed by the canalising 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 90 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. The canalising agency may, however, accept release order for registration after the prescribed period of 90 days, provided the delay is not more than 30 days.

(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 aiay make an appeal against the said decision in accordance with the provisions hereinafter stated.

260. First Appeal.—(1) la respect of an application for import licence, an appeal, in 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 in 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 in the Import Trade Control offices at (i) Visakhapatnam, and Pondicherry, (ii) Rajkot and New Kandla, (iii) Amritsar 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.

(2) The first appeal against the decisions of a 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 appeal in respect of appli- cations dealt with by Controller of Imports and Exports, Srinagar will be 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 lirst appeal will lie with the head of the office in which the application, was dealt with.

(4) The first appeals in regards 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 in 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 lias been set up in the Office of the Chief Controller of Imports and Exports, New Delhi, to deal with second appeals from registered 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 filing the appeal if it is satisfied that the appellant could not make his appeal in time 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'.

2 6 2. Opportunity of hearing to the appellants.—(I) If an appellant desires to be heard in person in 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 lo the Chief Controller of Imports and Exports, against the decision of the Port offices will ordinarily he 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 in 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 di- 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 appellants to prefer a second appeal in 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.

(4) Where an applicaut does not wish to avail of the facility of making first-appeal, he can straightaway file second appeal to the CCI&E, New Delhi, within the prescribed time limit.

104

2 63 .Documents to be submitted with appeal.—(I) 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 ap-

peal is made.

(d) Licensing authority against whose decision

apeal 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.

(i) A brief statement of the grounds of appeal.

(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. (iii) The original documents forwarded with the original aplication, iE the appeal is based on a point of fact. In case the said documents 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 under these provisions will be liable to be summarily rejected if it is not recived by the appellate authority concerned within the prescribed period.

265. Second appeal addressed to tne Chief Controller of Imports & Exports, New Delhi should be sent in dup- licate. Similarly the 'first' appeal made to the Joint Chief Controller of Imports & Exports at Madras/ Bombay/Calcutta/New Delhi (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 tin's chapter will also apply to the decisions of licensing authorities in cases pertaining to forfeiture of bonds or enforcement of legal agree- ments executed by importers resulting from non- iulfihncnt 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 ol Imports & Exports, New Delhi (Export Obligation Cell).

267. (1) Application for 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 comunication. 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 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 Econmic 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 ofheer 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 letcr 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 lulling 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 patty in respect of that licence. Such application should be made to the licensing authority who issued the licence. Howevr, 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 licens- ing 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- rate upon both the halves of the value of the licence in terms of the policy in force and the conditions appli- cable to the licence, and it will not be necessary for the licensee to obtain a separate letter of authority in favour of the same person, for the second half of the value of the annual licence.

272. A leter of authority cannot be claimed as a mater of right. It will be granted only in respect of 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 8 A of the Imports (Control) Order or the Exports (Control) Order.

273. (1) Declaration to be furnished by the appli- cant. The application for a letter of authority should be accompanied by a declaration from the licensee stating 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 leter 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 docs not cover the value for which a letter of authority is now desired. The reason for which the licensee cannoL 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. The request for the grant of letter of authority should be accompanied by the original licence for which the letter of authority is sought to be issued. (This will not apply to cases in which the request for the letter of authority is made in the import application itself).

274. (1) Functions of the holder of leter of autho- rity—~A person 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 leter of authority holder can also apply, on behalf of the licensee, for revalidation 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 authority.—A let- ter of authority issued under these provisions shall be deemed to have been issued subject to the folowing 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 the 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 rclvant Customs documents including the triplicate copy of the Customs Bill of Entry that the goods have been imported by him on behalf of the licensee. This endorsement will be duly attested by the Customs authrities.

(ni) the holdci of the leUer 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 hcensee has not been able to take delivery of the imported goods from the holder of the letter of authority and the licensing autho- rity is satisfied that the goods, in question, will not serve the purpose 1'OJ 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,

276. Licences issued to agencies owned or controlled by the Central Government and which are entrusted with canalisation of, imports.— (1) The Imports (Contiol) 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 are 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 leiensing authority will be necessary if the licence is to be operated upon by a person other than the hcensee. But such letter of authority will be subject to such terms and conditions as may be settled between the licensee and Ihe parly concerned or 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.

277. Import by Export Houses.—(1) i[ 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 ot authority in favour of such Export House. Jn such a case, the Export House can act as an indenting house and import the goods on behalt of the licensee, without obtaining prior permission of the licensing authority. The functions perlormed by the Export House in ope- rating upon the licence shall, however, be subject to the same conditions as arc 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 lo import goods against the same licence through two different Export Houses.

(3) The Export House operating upon a licence under this provision shall be required to produce evi- dence before the Customs authorities and the authoris- ed dealers in foreign exchange in support ot 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 SLate Trading Corporation of India, or the Minerals & Metal Trading Corporation of India or any other similar instituiton or agency owned or con- trolled by Government, it will not be necessary lor him to obtain a letter of authority in favour of such an agency. In such a case, the said agency can act an indenting house and import goods on behalf of the licence holding without obtaining permission of the licensing authority. The functions performed by the said agency in operating upon the licence shall, how- ever, be subject to the same conditions as are applic- able to the grant of letter of authority in terms of paragraph 268 and 269 of this Chapter.

(2) It shall not be 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 lor the import of goods mentioned under the 'Savngs' in Clause 11 of the Imports (Control) Order, 1955 dated the 7th December, 1955 as amended.

280. (1) Interms of saving (i) of sub-elause (1) of the aforesaid clause 11 of the Imports (Control) Order, 1955, executive instructions have been issued lo the Customs authorities to exempt the import of goods from the Import Trade Control restrictions, in the following types of cases :—

blocks to India. These blocks are intended to be destroyed after the relevant number of insertions have appeared. It has been represented that newspaper establishments arc experiencing difficulty in clearing these advertisement blocks. As these blocks are im- ported free of charge and the related advertisements bring in foreign exchange, the consignment containing advertisement blocks supplied free of charge, will be allowed to be cleared without import licences provided the value ol' the consignment does not exceed Rs. 800.

Bonding of exposed cinematographic films

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 bonded 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 and

diamonds on approval basis—examination of contents

before clearance

(b) (1) The emeralds and other precious stones and diamonds imported by sea or air (otherwise than by post) and bonded on arrival for the purpose of ins- pection may be exempted from I.T.C. restrictions. Such quantities of goods as are approved after inspec- tion 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- vidual 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. terras 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 parcels for professional use by an individual. 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 institutions 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, there- fore, either be accepted or rejected in toto. How- ever, the importer or his agent will be given facilities to inspect the contents of sudh post parcels under Customs' supervision, if the addressee so desires. The inspection will be allowed at the time and date spe- cified by the Customs authorities. If the importer docs not turn up for inspection at the appointed time and date, the parcel will be returned to the sender. If the importer accepts the parcel, he can secure its clear- ance 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 vessels engag- ed 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 oa 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 space in the Indian press and for that purpose, send (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 institutions and not for resale This will include import of goods meant lor rituals sent to Missionary Societies, records com- ing to the All India Radio, scientific instruments com- ing to educational institutions and others, where the principle of personal use would apply except that the user is not an individual but an instituiton. It may be clarified that the provisions of sub-clause 11(1) (gg) of the Imports (Control) Order, 1955 do not cover impoils of trade consignment. Also, the term "insti- lution" referred lo in the aforesaid sub-cause includes only the educational, vocational, agricultural, medical, technical, technological and research institutions. Com- mercial 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 breakdown and where the facts are clear,, such cases will be dealt with leniently by Collectors of customs in their discre- tion.

Payments for goods inmported under sub-clause 11

(1) (sS) of the Imports {Control) Order

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 Lenns 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 (o Indian Red Cross

(h) It has been provided in sub-clause 11 (1) fgg) of the Lnpoilh (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 remittable through authorised deal- ers in foreign exchange with the permission of the Reserve Bank of India. In connection with this pro- vision, the following points are clarified—

{in) 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 currency 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- clause, if otherwise admissible only with the permission of the Reserve Bank of India.

(n) The Children's Book Trust, New Delhl-1,, has been conducting children's competition hi paintings and writing (in English only), known as 'Shankar's International Children's Competition'. The competi- is held every year. The entries for the competition, I.e., children's printings, are received from foreign participant children. These paintings have: no com- mercial 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.

Facilities for importation of commercial samples and

Imports of samples by exporters

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 Indian Customs Tariff. Under this item, samples of goods which are exempt from import duties under and in accordance with the said International Conven- tion drawn 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

(j) Food parcels sent to India from abroad as gift

may be allowed clearance without I.T-C. restrictions.

(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 mad© by a Govern- ment agency or any other approved agency, in accord- ance with the terms and conditions laid down in the Agreement.

Temporary import of Scientific equipment etc, by ap-

proved institutions

(k) The articles such as food stuffs, medicines, clothing 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 terms 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.

(1) Pood-stuffs and provisions (excluding fruit products alcohol and tobacco) imported by a person (q) Import of scientific equipment and other soods 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 education of non- commercial nature subject to re-export condition, may be allowed without import licence, provided the poods, in question are exempt from customs duty and the import is covered bv the Customs Notification No, 84/F, No, U/75/70-Cus V, dated 11-9-1971 as

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) Sparc parts of scientific equipments referred

to in (i) above.

(iii) Tools specially designed for the mainten- ance, checking gauging or repair or scientific equipment which is used solely for purposes of scientific research or education.

(r) Import of Medical Equiument without ITC Restrictions—In the case of Doctors (medical prac- titioners), returning from abroad to set-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 yuars, (ii) the imported equipment is required for his own professional use in India, and (iii) 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.

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 even the Collector of Customs will suitably endorse the relative Bill of Entry to enable the importer to secure remittance facilities from the Reserve Bank of Tndia 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 bonai 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 s amples 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 by air.

(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. 1,000/- 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.G.L. IV. It has been decided that the import of several consignments in the manner indicated above, (although each consign- ment does not exceed the specified value limits), will tantamount 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 (2) Imports for research and development : A provision has been made in the 'Savings' clause of the Imports (Control) Order to allow imports (with- out import licences) by technical and research insti- tutions and Research and Development Units in the private or public sector, recognised by the Deptt. of Science and Technology, Government of India, New Delhi for their own use, up to a value not exceeding Rs. 1 lakh in a licensing period. The items permit- ted for import are scientific instruments, equipments, apparatus and appliances, whether electronic or elec- trically operated or otherwise, replacements parts there- of and components required for the construction of scientific instruments, equipments, apparatus and ap- pliances whether electronic or electrically operated or otherwise and raw materials required for research and development and declared as such by the unit. Where goods covering the annual ceiling of Rs. 1 lakh are imported in more than one consignment, the impor- ter shall give a declaration to the Custom? authoritv at the time of clearance indicating the value of such goods already imported during the same licensing pe- riod. Tt will be obligatory on the part of the impor- ter to inform the Dept. of Science and Technology within 30 days of the clearance of the goods through the Customs the particulars of the goods imported.

Imports under O.G.L. IV

(3) Though the above O.G.L. does not specify any particular types of importers who are eligible to imports 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 expected to be supplied with free samples/advertising materials bv 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 holdine certi- ficates of elicibiHty issued by them by the Chief Controller of Imports and Exports, New Delhi mav be allowed the conecession regarding the import of tech- nical and trade samples under O.G.L. TV by the Customs authorities.

281. (1) Under Open General Licence No. IV reproduced in Appendix 24 as amended,, bon fide technical and trade samples or advertising matter ex- cepting vegetable seeds falling under Serial No. 36 of Part IV of the old I.T.C. Schedule and new drugs, can be imported without an import licence proved (a) they are supplied free of charge, (b) their c.i.f. value in one consignment does not exceed Rs. 2,000 in the case of technical and trade samples and Rs. 1000 in the case of advertising matter and (c) the samples or ad- vertising materials thus imported shall not be sold by

(4) Tt mav 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 i PART I—SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 396/111

shed importers under policy in force at the time o{ 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 ques- tion has been approved by the sponsoring authority concerned.

the imports of goods by officials of the United Nations Organisation and it 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 extend- ed to the import of publications of the United Nations Organisation or its specialised agencies by their agents and such imports by the agents concerned would also be exempt from the I.T.C. restrictions provided the imports are exempt from the Customs duty under the United Nations (Privileges and Immunities) Act 1947 or ils specialised agency,, as the case may be, at the and the publications so imported arc the property of U. N. O for its secialised agency.as the case may be, at the lime of importation.

Re-import of goods for removal of defects and sub-

sequent re-export

(5) O.G.L. IV also permits (a) the import of free gifts of books upto the value of Rs. 1,000/- in favour of individuals or institutions and (b) free gifts of books of certain types upto a value of Rs. 1,000/- 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 books, under O.G.L. IV or under Sub-paragraph 11(1) (gg) of Imports (Control) Order, 1955. The importers should consult the rele- vant import policy for this purpose.

(6) O.G.L. IV 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. It 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.

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 savmg (1) in sub-clause (1) of Clause 11 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 (ii) in 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 bo re-exported after repair within six months. In such cases where the Customs authorities are satisfied with the bona- fidex of the case, they will refer the importer to the port licensing authority 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 surety.

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 fide, 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.

•"

285. (1) Under sub-paragraph (1) (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 cer- tain limitations/conditions, to the extent admissible 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 consi- dered bona fide baggage under the Baggage Rules in force will be allowed to be imported without a licence under this provision.

(2) Relevant Customs Notification and Public 282. Import of labels, price tickets and like articles for export products.~lt has been represented that ex- porters are finding it difficult to clear packages of labels, 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 their 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 blona fide use in connection with, confirmed export orders.

Import,1! by United Nations Organisation

283. Under saving (m) of sub clause (a) of Clause Jl of the Imports (Control) Order, ] 955,

Notices which give the details of the facilities for import of coods 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 \n the said Appendix.,

(3) Applications lor import of built-up cars, station wagons, jeeps, motor cycles, scooters, auto cycles, mini tars and mo_ppeds are considered by the Chief Con- troller ot Imports and Exports New Delhi (Headquar- ters Licensing Division). The procedure of submission of such applications is given in Appendix 27.

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

National Dejence Donations

286. By Customs Notifications Nos. 168-Customs, 169-Customs, and 170 Customs all dated the 8th November, 1962, all articles donated to the National Defenqe Fund or to the Government of India for use of the Defence personnel; and wool, woollen fabrics and wollen apparel donated to the Indian Red CrosSj, 287. Imports in respect of certain goods, upto specified value limits, are allowed by hospitals in teims of sub-clause 11(2) of the Imports (Control) Order, 1955, as amended. This facility will be avail- able (o hospitals, unrsing homes and clinics whether public or private, run on commercial basis or other wise.

CHAPTER XV

BREACHES OF IMPORT TRADE CONTROL

REGULATIONS

288(1) : It is provided in Section 5 of the Imports & Exports (Control) Act 1947 (18 of 1947), as amen- ded, that, if any person contravenes or attempts to contravene or abets contravention of any Order made or deemed to have been made under the said Act or any condition of a Jicence granted under any such order, or any authority under which imported goods were received from or through a recognised agency, he shall, without prejudice to any confiscation or penally to which he may be liable under the provisions of the Customs Act, 1962 be punishable,—

(a) Where the value of the goods, in relation to which such contravention or attempted con- travention or abetment of contravention has been made, exceeds ten lakh rupees, with imprisonment for a term which may extend to seven years and also with fine, and

(b) in any other case, with imprisonment for a term which may extend to three years and also with fine.

In the absence of any special and adequate reasons to the contrary to be recorded in the judgment of the Court, the imprisonment shall not be for less than six months.

(2) On November 4, 1975, the Imports & Exports (Control) Amendment Ordnance, 1975 (19 of 1975) was promulgated with a view to making provisions for stringent action for misuse of import facilities. The Ord- nance was later replaced by the Imports & Exports (Control), Amendment Act, 1976. Under the afore- said Amendment of the Act, powers have been given to the import and export trade control authorities, intermedia to enter and inspect premises, to carry out search, to seize imported goods, to confiscate goods and to impose penalty for misuse of import facilities for a'n amount not exceeding the five times the value of the goods or materials or Rs. 1000/-, whichever is more,

(3) In terms of the provisions contained in clauses 8-A of the Imports (Control) Order, 1955 dt. 7,12.1955, the Central Government and the CCI&E (which includes a Joint CCI&E and a Dy. CCI&E) are empowered to debar an agency or importer or any other person from obtaining licences or allotments of imported materials 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.

(4) The Imports & Exports (Control) Act, 1947, a\ amended, and the Imports (Control) Order 1955, as amended, are reproduced in Appendices 1 and 2. Im- porters and other concerned should carefully read the provisions made in the Act and the Order.

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 has been in- troduced which will be in addition to the existing ar- rangements. Under this system, the licensing autho- rity nvay, 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 actual user has utilised the imported material in ac- cordance with the condition subject to which the import/allotment of such material was allowed.

(2) A Release Order issued to an actual user under the import policy for Actual Users or Registered Expor- ters is subject to the condition, inter-alia, that the Re- lease Order holder shall maintain an account of con- sumption and utilisation of the imported materials in the prescribed manner and produce such accounts to the licensing authority/sponsoring authority or any other concerned authority within such time as may be specified by such authority,

Checking of utilisation of imported materials

289 (1). An import licence is issued subject to the condition, inter~alia, that the licensee shall maintain

8—G-1CC of I&E/76

(3) During 1970-77, a new system has been intro- duced under which Actual Users will be able to obtain allotments of certain imported materials directly from the canalising agencies without having to obtain a re- commendation from the sponsoring authority or a Re- lease Order from the licensing authority. For this pur- pose, the Actual Users will be required to make an application for allotment to the canalising agency con- cerned in a pi escribed form in terms of import policy contained in Red Book ,VoI. 1). Such allotments of imported materials obtained from canalising agencies shall be subject to the normal Actual User condition, namely, that the material obtained shall be used in the allottee's own industrial unit at the address shown in the application for such allotment and for lhc pur- pose for which the allotment is made, or may be pro- cessed in the factory of another manufacturing unit, but no portion thereof shall be sold to any other party or utilised or permitted to be used in any other manner. The goods so processed in another factory shall, how- ever, be utilised in thr- manufacturing processes under- taken by the allottee The allottee shall maintain a proper account o1 consumption and utilisation of the imported ?'iateriaK in the pi escribed manner and pro- duce such account to the licensing authority, sponsoring authority or any other authority concerned, within such time as may be specified by such authority. Any contravention of these conditions or any misrepresenta- tion of facts or wrong declaration in obtaining sucl allotments shall be liable to action under the Imports i

Exports (Conrrol) Act 1947, as amended and the Order issued thereunder.

290. The following types of offences will, inter alia, constitute breaches of Import Trade control regula- tions :•—

(i) Applying for an import licence on the basis of false or fabricated or tampered with or forged essentiality certificate or recommenda- tion of the State Director of Industries or the Director 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, of 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 documents(s) which pertain to unauthorised imports and where the fact of unauthorization has been concealed or withheld.

(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 importer 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 Rcgistratoin/Exemption number or ob- taining such number on the basis of false or fabricated or tempered 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 a import licence on the basis of past imports which do not qualify 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 licensing 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 of imports falling in different basic years, unless other- wise provided.

(xi) Applying for more than one import licence for the import ot 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 esablishment 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,

(xiii) Applying for an Import licence on the basis of any statement which is false,, fradulent or misleading.

(xiv) Tampering with an import licence.

(xv) Soliciting of licences by offering inducement to the holder of licence of otherwise. (xvi) Smuggling of goods or importing goods with- out the cover of a valid licence or tempering with a 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 purported to have been issued by the I.T.C. tempered with or forged recommendation authority or obtained such recommenda- tion by misrepresentation.

(xix) Any corrupt for fradulent practice in commer- cial dealing or in obtainingg 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 India. 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 goods 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 licensing authority.

(xxviii) Refusal to produce any documents or infor- licensce, 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 fictious concern.

(xxxi) Applying for an import licence under the import policy for registered exporters on the basis of the exports which are overinvoced in relation to the value having the meaning as defined in sub-section (t) of Section 14 of the Customs Act 1962, or non-fulfilment of the conditions of undertaking/bond fur- nished by the applicant to the 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 misrepresentation 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 inadver- 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 India or any other recognised agency.

292. Cancellation of Release O r d e r . — ( 1) T he licensing authority may cancel a release order issued for allotment of imported goods through a public sec- tor agency, or otherwise render it ineffective :—

(a) if the release order has been granted through inadvertence pr mistake or has been obtained by fraud or misrepresentation;

(b) if the release order has 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 serve the purpose for which it rms been granted; and

(c) if the release order holder has committed a breach of any law or rules anld regulations rclaling 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-para (1) and (2) above, the release order holder will be given a reasonable opportunity of being heard in the matter. 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 paragph, the Central Govern- ment have constituted the following authorities for the purpose of hearing appeals against the action taken under clause 8 or 8-A of the Imports (Control) Order, 1955.—

(i) Where action is taken by Joint Chief Con- troller of Imports and Exports, or by Deputy chief Controller of Imports & Exports, the appeal will lie with the Chief Controller of Imports a'nd Exports, New Delhi.

(ii) 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, two Joint Secretaries and the Chief Vigilance officer, in the Ministry of Commerce, New Delhi,

The 'notification issued by the Central Government

in this regard is reproduced in Appendix 2.

(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 also be accompanied by a proforma giving the 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 the 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 deci- sion the appeal is made.

CHAPTER XVI

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 hy Hcences.~\t 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 punishment under the provisions of the Customs Act, 1962 without prejudice to any other action that may be taken in this behalf under the Imports and Exports (Control) Act, 1947 and the Order issued thereunder. Tn such cases, the Import Trade Control authorities will not regularise the import by an ex-post- facto licence nor will they amend the existing licence in any manner to cover such imports.

297. Custom's jurisdiction.—-The clearance of goods and the assessment of duty will be dealt with by the Customs authorities. Tt is within the jurisdiction of the Customs authorities to determine wheiher 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 Con- trol authorities, the final responsibility in the matter rests with the Customs authorities.

298. Difference in I.T.C. classifications.—Ordinarily, if the article imported is in accordance with the descrip- tion given in the licence a'nd 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 Cus- toms duly 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 entertain- ed by the T.T.C. authorities.

299. Joint Committee.—In order to help the importers in cases of genuine difficulties, a joint com- mittee of the Import Trad? Conrol and the Customs authorities has beeen set up at each port. The Committee meets regularly and deals with both prc and post- importation enquiries and difficulties ot importers.

300. Requests for amendments to be made before shipment.—If the importer finds discrepancy in a lic- ence, 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 if, for any reason the change or amendment is not permitted, the importer may be able to advise his suppliers to make the necessary adjustment. In seeking any amendnient or rcvalidation of a licence, it should clearly be pointed out by the applicant whether or not shipment/despatch of goods covcrd thereby has already been made either wholly or partly. Any misleading or wrong statement in this behalf will render the licensee/importer liable to action under the Import Trade Control rules and regula- tions.

301. The requests, if any, for amendment of a licence made after the shipment/despatch of the goods from the suplying 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 goods. 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 goods wjJl 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 conform- ity with the licence-description in every respect and that the consignment is neither in excess of the licensed value or quantity limitations nor different in any way from what is authorised to be imported.

303. Clearance of goods when the importer is un- able to produce the licence.—Tn cases where an im- porter claims to have a valid import licence to cover the goods imported by him but is unable to produce the licence to the Collector of Customs at a particular port owing to simultaneous arrival of the goods covered by the licence at different ports, or for any other reasons, the Collector of Customs may, if he is satisfied with the plea put forward by the importer, permit clearance of the goods in so far as Import Trade Control Regula- tions arc concerned on 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 gua- rantee from the importer for the production of the import licence for the goods at a later date.

CHAPTER XVII

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 application 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 indi- cated 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 correspondingly reduced. The request for "split up" licences will be entertained only prior to the regis- ti ation of the main licence at the specified customs port of registration. Split up licence will have the same period of validky 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 payment of the prescribed application fee of Rs. 5 for each "split up" licence.

(ii) The facility of the grant of subsidiary 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 or any other conditions applicable to the main licence. It 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 liceuces showing the value of restricted items permissible against the main or original licence will also be valid for import of non- restricted items.

(iv) The applications for subsidiary licences should also be accompanied by treasury receipt showing the payment of the prescribed application fee of Rs. 5 for each subsidiary licence.

(v) Subsidiary licence will have the same period of validity as the main licence. The rc- 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 indicate the period of validity on the 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 consider 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 licensing authority. 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.

(vi) The number and date of 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 of the value/items of the subsidiary licence.

Payment to suppliers

(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.

(3) Applications for subsidiary licences.—The following points should be borne in mind by the appli- cants while applying for subsidiary licences :—

(i) Applications for subsidiary licences should be made sufficiently in advance of the despatch/ shipment of goods from the supplying country. A licensing authority may, however, consider an application for the 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.

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 of credit can be opened or remittances of foreign ex- change made unless the importer is in possession of a valid import licence with exchange control copy. When applying to an authorised dealer in foreign ex- change 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 that in opening any letter Currency in which payment may be made of credit, the date of expiry of the O.G.L, or S.G.L. or the valiid licence should be kept in view for determin- ing the period for which the letter of credit should be kept open for negotiation.

307. No remittances in advances oj the receipt of 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 Plant, 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 currency of the country of origin of the goods in question 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 however, payment of freight and insurance may be made in rupees, or in the currency of the country in which the shipping com- pany is registered or the insurance policy is issued. If importers require any further information in this behalf, they may consult the authorised dealers in foreign exchange or the Reserve Bank of India.

Provisional debiting of 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 verifi- cation or on appeal, the quantum of loading is some- times reduced after several licensing periods. Revali- dation of a licence on account of reduction in the "loaded value" will not be granted.

Banks as joint holders of 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 like rebates allowed by the foreign supplier/manufacturer to the importer/agent. Therefore, the licensing authority 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 arc debitable to the licence.

(2) The c.i.f. value cannot also be used to the full extent if the stores are shipped f.o.b. In such an event, a margin has to be left to cover the cost of insur- ance 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 a im- porter opens an irrevocable letter of credit through a bank and later fails to honour his bills, the bank con- cerned, which is committed for the payment of the exchange to the foreign suppliers, finds itself in diffi- culty 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 commit- ments with foreign supplier. The procedure in this respect is contained in Public Notice No. GO-ITC(PN)/ 50, dated the 21st July, 1950, reproduced in Appendix 29.

Requests for 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 :—

(a) Capital goods;

(2) In the types of cases referred to in sut> para (1) of this paragraph and also in cases where the goods arc 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 be dealt with in accordance with the provisions of Clause 10C of the Imports (Control) Order, 1955, as amended. In siuch cases, sale of goods to actual users or S.T.C/M.M.T.C, State Small Indus- tries Corporalion, or any other similar agency, may also be effected in terms of the procedure laid down in para 94 of this book.

Established importers-cum-manufacturers

(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 satisfactorily explained and documentary evidence in support of them has to be produced. The enhancement will be solely at the discretion of the licence issuing authority.

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 im- porter-cum-manufacturer would be entitled

io elaun a licence only in one capacity— as an established importer or as an actual user—and not in botn the capacities.

(b) If an established importer of a finished pro- duct 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 sur- render their quotas for the finished product and/or its components as established im- porters, provided that in exceptional cases where the commencement of production is ikdy to be delayed, they will be allowed to claim quota licences till the production has actually commenced.

(2) Clarification of the above pravta'cw.—The following clarification is made to define the scope of the application of the above prvisions with respect to certain types of cases :—

(i) Cases in which the established importer-cum- manufacturer 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 established im- porter-cum-manufacturer shall surrender his claim for a licence for the raw material in one capacity, 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 establish- ed 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 Im- ports of admissible items will be taken into account for the grant of the quota licence.

quota would be subject to revision consequent on the expansion oi the manuiaciuring activities.

t,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. However, in cases where the goods sought to be im- ported against quota licence (s) are required for ser- vicing/repairs, the quota licence(sj 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 importcr-cum-manufacturer holds a quota certificate lor 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 impoiter-cum-mjivuluciurer would have the option to claim cither 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 tor 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 IVC Number, or they have common ownership.

(ii) 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 propiictor 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 concern(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 quota licence for import of such other type(s) of the product as are not included in their manufacturing programme and only their past imports of such other type(s) of the prduct 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.

314. (1) The goods which arc covered by Saving (k) of Clause 11 of the Imports (Control) Order, 1955 dated 7th December, 1955, as amended can be import- ed into India from any country without Import Trad'" Control restrictions.

(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.—'

In such cases, the manufacturer and his associate concern(s) wiill be entitled to claim a quota licence for 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 quota licences for components in such cases and the (2) In the case of goods which arc not covered b' the Saving clause mentioned above, and which ar exported for repairs and subsequent return, the irr porter should secure an import licence in advance, an the goods for repairs should be exported only afte obtaining the licence for their reimport. The applicatic for import licence should be made lo the Hcensir authority concerned. Failure to comply with tr requirement wilJ render the application foi licence Customs Clearance Permit for re-import of the goo repaired liable to be rejected. In cases where the change, the amount to be remitted towards the c< import of articles after repairs involves foreign . of repairs, freight and insurance should be indica in the application for licence and the application shoi be supported by a certificate from the D.G.T.D. to effect that the goods in question cannot be repai in India.

Re-import of samples of Indian origin sent abroad for

the purpose of securing orders

Import of empty gas cylinders for re-export after

being fulled with gas

315. (1) For re-importation into India of samples seut or taken to foreign countries by Indian business men a provision already exists in Saving (K.) oi' 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 to clearance without an import licence. But in order to qualify for this con- cession, there are certain Customs formalities to the 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 coiUact the Customs authorities before exporting the samples 10 foreign contries 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 for the reimportation of such samples should be submitted to the regional licensing authorities and should be accompained by an evidence to show that the samples which were taken or sent to loreign countries, are being re-imported.

(3) In the ease of businessmen /industrialists return- ing from abioad, who are bringing into India such samples, the requirement regarding submission of I.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, ivi cases other than those of businessmen /industrialists return- ing from abroad also, the requirement regarding pro- duction of I.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 till 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 failing under Serial No. 65(5) (iii)/V of the old 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 lilliug 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 oE importers of good standing who have 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.

Import of samples and literatures relating to products

to be manufactured for export

(d) At the time of clearance of the imported cylinders, the importer will be required to produce to the Customs authorities a certi- ficate suitability of the cylinders from the Director of Explosives, Nagpur. While 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.

Import of machinery and equipment designed on the

metric system

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 from prescribed for actual users and should be accompanied by a treasury receipt for 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) he import is made by post parcel or by air-freight larcel and (iii) the importer is a registered manufact- ure exporter and produces evidence to this eiieet to He customs authorities at the thru of clearance and •> the Reserve Bank of India at (he time of making imittance. In such eases, remittances to the foreign ippb'er will be allowed by Reserve Bank of India.

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 brought in to force with effect from the 1st October, 1958 in certain specified areas in States and Union Territories and in respect of ccrtaiu specified ciasses of undertakings and of goods. The Act provided for a transitional period of 10 years from its date of enactment.

(2 Importers of machinery are 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 -d 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-pentad system is required tor 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 arc requested to take note of this deve- lopment and to import machinery which would be able to work Oil metric measurements. Weighing or mea- suring instruments imported for use in trade or com- merce 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, i960, for thr 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 metlrc system, lhe exporters may use British units as wci] 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- pj'ag documents, invoices, etc.

(ii) Where licensing js on the basis of quantity, new quota certificates/licences will be issued in Metric units; even otherwise quantities in licences will be shown in Metric units, wherever necessary.

(iii) While applying for licences, importers will be required to mention quantity in Metric units.

been specifically 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 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 lor 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 S to this book, duly sworn in before 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.

Import of Transformer Oil together with power

transformers

(5) Where a release order issued to an applicant on a canalising agency, in respect of goods the import of which is canalised, is lost or misplaced, the licen- sing authority may entertain a request for the issue of a duplicate copy of the refcasc order on production of an affidavit aa a stamped paper to the effect that the original release order, of which the particulars may be given in their affidavit, 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

319. (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 ta'nk of the transformer. It is also necessary to ensure that the c.i.f. value of the oil plus the c.i.f. value of the trans- former should be covered by the c.i.f. value specified in the 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 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 clearance 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 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.

Form of Affidavit

322. Applicants for import licence are sometimes required to furnish certificate or declarations along with their applications for 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 aot 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 a'ay interim reply even after 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 disposal of his application.

Checks on delays

323. (1) Every effort is made to avoid delays m 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 docs 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 liccusing authority calls for certain documents for information from the applicant or any deficiencies in the application are communicated to the applicant, and the applicant has furnished the required documents or information or made good the deficien- cies but docs not receive any further commuiucation from the licensing authority within fifteen days there- alter, he can bring the matter to the notice of the public Relations Officer or book an interview with the Officer concerned to know the reason for the delay in the disposal of the application.

(d) Applications for import of capital goods a'ad heavy electrical plant will take somewhat longer 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 in the Import Tarde Control office concerned. The Public Relations Officer of the rank of the Deputy Chief Controller of Imports and Exports has been appointed at the Headguarters of the Office of the Chief Controller of Imports and Exports, New Delhi, In the regional offices also, Public Relations Officers have been appointed.

Addressing of communications to Import Trade Con-

trol Organisation

324. It is noticed that the telegrams and letter receiv- ed 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 a'nd the I.T.C. classifi- cation of such goods. The communication should also indicate its 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 revalidation thereof or an appeal, and it should also give the number and date of the relevant original ap- plication.

326. (1) 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 they wish to make a personal sub- mission in the case of appeals and representations against orders passed in individual cases or they de- sire to present their case in person in respect of any application for licence or to represent again the delay in the disposal of their applications for licences or appeal, they may book an interview with the officer concerned.

(2) The interviews with the officers other than the Chief Controller of Imports and Exports and the heads of the regional licensiug 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 Relations officers.

Enquiries regarding the position of applications

325. (a) The arrangement under which the impor- ters could enquire the position of the import applica- tion by filling the import enquiry slip has been dis- continued.

(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 aerical establishments or per- sonal contact with the staff of the Import Trade Con- trol Organisation is strictly prohibited.

(2) These conditions will be in addition to the condition applicable to a licence under the Imports (Control) Older, 1955, dated the 7th December, 1955, as amended, and such other conditions as may be imposed by a licensing authority.

Counter system

(3) Non-fulfilment 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

327. The requests for amendments o£ minor nature or revaluation 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 sc curity seal on the licence or on the hsts of goods, and other matters of minor nature like signatures of the licensing auhority 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 been introduced in the licensing offices- The applica- tions will be received at the "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 does not conform to any provision of the Imports (Control) Order, 1955 dated 7th Dccmber, 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;

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 condition 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, eve>u 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 licences issued to established importers or others for import of goods for stock and sale purposes will not be entertained.

(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;

(0 If the applicant fails to produce any docu-* ment that is called for by the licensing aul-> thority;

(g) ij the applicant has failed to make up a de- ficiency in his application within the time limit indicated by the licensing authority;

(h) if the applicant has used any unfair means in obtaining a licence/release order; and

(i) any other reason to be recorded in writing,

Conditions on licences

329. (1) Import licences issued to various catego- ries of importers shall be subject to the conditions indicated in Appendix 31. The licensee importers, should carefully read these conditions to ensure com- pliance therewith.

(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 fulfilment of export obligations is given in Appen- dix 33.

CHAPTER XVIII

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 difficulties at the time of clearance of goods from 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 samples by exporters against

blanket release of foreign exchange,

(iv) Import of samples by registered manufac-

ture-exporters.

335. Under International Convention drawn at Geneva on 7th November, ]952, import of commer- cial samples is allowed without an import licence, ^ull details in this regard can, however be ascertained from the Collector of Customs concerned, [vide para 280(1)].

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 docs not exceed Rs. 500 (ii) the Ltnpoit 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 clearance and to the Reserve Bank ol India at the time ol making remittance. In siuch eases, remittance to the foreign supplier will be allowed by Reserve Bank of India, (vide para 316).

(B) Import of 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 does¹ 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. 200O ci.fl If a sample is imported by air and no amount of the extra freight paid on importing by air, the c.i.f. value of the sample exceeds Rs. 2000 the Customs authorities may still allow the import under O.G.L. IV, provided the supply is made free of charge and the foreign supplier also bears the entire expenses relating to insurance and freinht [Vide para 281(1) 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 eligibility issued by the Chief Controller of Imports and Exports, New Delhi, 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 lor import of machinery and instru- ments and other items of prototypes/technical samples, such as chemicals, raw materials etc. will be consi- dered on the recommendation of the sponsoring au- thority 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 for 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 Siubject to the condition that goods imported against

it shall be intended for free distribution and shall not be meant for sale.

340. Import of samples of drugs and medicines.— (1) In order to minimise delay and inconvenience to bona fide sole representative 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 medi- cines covered by list I of Appendix 19 to the relevant Import Policy Book (Vol. I), subject to the following

' conditions :—

(i) no remittance of foreign exchange is in-

volved;

(ii) the c.i.f- value of the consignment is reason- ably small and does not exceed Rs. 8,000;

(Hi) the samples are imported in packing which are distinctly different from regular trade packings; and

(iv) each packing is clearly marked 'Physicians'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 chemical 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.

import of samples upto Rs. 5000/- in value, provided the import of each type of sample is not more than two in number.

(b) REP licence issued against exports in pro- duct groups/products, namely "Chemicals and Allied Products," "Plastics," "Leather Manufacture" "Sports Goods," and "Handicrafts" will be valid for import of samples up to Rs. 1000/- in value, provided the import of each type of sample is not more than two in number.

(c) REP licence issued against exports of ready- made garments will be valid for import of 'Patterns' upto Rs. 500/- in value (This facility will also be available to merchant- exporter/eligible export house).

(d) The facilities in sub-paras (a) and (b) above will not be available for the import of the following items :-—

(i) T.V. set.

(ii) Air conditioner.

(iii) Refrigerator.

(iv) Cooking range,

(v) Washing machine.

(vi) Motor cycle, Scooter and Moped.

(vii) Radiogram,

(viii) Tape recorder.

(ix) Amplifier.

(x) Camera/Movie Camera.

(xi) Movie Projector.

(xii) Gold set.

342. (1) Import of samples by registered exporters.—

(1) 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 val,ue 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.

(2) REP licences issued to a manufacturer— exporter will automatically be valid for import of samples within its over-all value, as indicated below :— (a) REP licence issued against exports in 'Engi- neering' product group will be valid for (xiii) Watch,

(xiv) Electric Shaver.

(xv) Hair Dryer,

(xvi) Flash gun.

(xvii) Exposure meter.

343. 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 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 re- quests should be accompanied by 'No Charge' invoices to prove that no payment is required to be made.

APPENDICES

127-128

APPENDIX—I

[Vide para. 2 of Chapter 1]

Imports and Fxpotts (Contiol) Act, 1947 as amended upto

31st March, 1976).

An Act to prohibit or control imports and exports.

Whereas it is expedient to prohibit, restrict or otherwise

control imports and exports.

It is hereby enacted as follows :—

1. Short title, extent, commencement and duration—(1) This Act may be called the Imports and Fxports (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 Definition?.—In this Act, unless the context otherwise

requires,—

(/i) "adjudicating authority" menus the authority speci-

fied in, or under, section 4K;

(ft) "Appellate authority" means the authority referred

to in section 4M;

(c) "Chief Controller" means the Chief Controller of

Imports and Exports;

(d) "control order" means a control order made, or

deemed to have been made, under this Act;

(e) "customs station" has the meaning assigned to It in

the Customs Act, 1962;

(/) "Deputy Chief Controllei" means a Deputy Chief

Controller of Imports and Exports;

(g) "import" and "export" mean, respectively, bringing

into, anil taking out of, India by sen. land or air;

(ft) "letter of authority" means a letter authorising the licensee to permit another person, named in the said letter, to import goods against the licence granted to the licensee;

(0 ''licence" means a licence granted, and Includes a customs clearance permit issued under any control order;

(I) "prescribed" means prescribed by rules made under

this Act;

(k) "recognised agency" means agency to which the functions of distribution of imported goods have been assigned by the Chief Controller.'.

3. Power? to prohibit or restrict imports and exports.—(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 bv 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 intended 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 anv order under sub-section (1) applies shall be deemed to be goods of which the impoM or export has been prohibited under section 11 of the Customs section (1) and no notice in respect thereof is giver) under have effect accordingly.

9-CM CC ofI&R/76

(3) Notwithstanding anything contained in the aforesaid Act, the Central Government may, by order published in the Ofllci.il 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 nile 84 of the Defence of India Rules or that rule as continued in force by the Emergency Provisions (Continuance) Ordi- nance, 1946 (Continuance of Existing Orders, XX of 1946), and in force immediately befoie 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 nave been made under this Act.

4A. Pees for applications for, and Issue or renewal of, licences—The Central Government may by order levy, sub- ject to such exceptions, of any, in respect of any persons or cluss of persons as may be specified In the order, any fee In respect of any application or in respect of any licence grant- ed or renewed under any order made or deemed to have been made under this Act

4H, Power to enter and inspect.—Any person authorised in writing in this behalf bv the Chief Controller or any officer serving under him, not being an officer below the rank of a Deputy Chief Controller (hereafter in this Act called the 'authorised person"), may enter, at any reasonable time any premises in which—

(0 any imported goods or materials which are liable

to confiscation under this Act, or

(;i) any books of account or other documents or things which, in his opinion, will be useful for, or relevant to. any proceeding under this Act.

are suspected to have been kept or concealed, and Inspect such goods, materials, books of account, other documents or things and may lake such notes or extracts from such books of account or other documents as he may think fit.

4C. Power to search.—If the authorised person has any

reason to believe that—

(0 any imported goods or materials liable to confisca-

tion under this Act, or

(If) any books of account or other documents or things which, in his opinion will be useful for, or relevant to, any proceeding under this Act.

are secreted in any place, he may enter into and search such place or premises for such imported goods, materials, docu- ments or things.

4D. Power to seize Imported goods or materials.—(1) If the authorised person has any reason to believe that any imported goods or materials- are liable to confiscation under this Act, he may seize such goods or materials together with the package, covering or receptacle if any, In which such coods or materials are found and where such goods or mater- ials are found to have been mixed with any other goods or materials, lie mav seize such goods or materials together with the goods or materials with which they are so mixed :

Provided that where it is nof practicable to seize any such poods or materials, the authorised person may serve on the owner of the poods or materials an order that he shall not remove, part with or otherwise deal with, the goods or mater- MK except with the previous permission of such authorised person.

(2) Where any goods or materials are seized under sub- settinri IJ) Rnd no notice In respect thereof is given qru'w

section 4L within six months of the seizure of the goods or materials, the goods or materials shall be returned to the pei- son from whose possession they were seized :

Provided that the aforesaid period of six months may on sufficient cause being shown be extended by the Chief Con- Iroller by a further peiiod not exceeding six months.

(3) The authorised person may seize any documents oi things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act.

(4) The person from whoso custody any documents tire seized undtr sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence of Ihe auhorised person,

(5) If any person legally entitled to the documents or other things seized under sub-section (3) objects, for any reason, to the retention by the authorised person of the documents or things, he may make an application to the Central Govern- ment stating therein Ihi reasons for such objection and re- questing for (he lelurn of the documents or things.

(6) On receipt of an application under subjection (5) the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it may think lit.

(7) Where any document—

(a) is produced oi furnished by any person or has been seized from the custody or control of any person under this Act or any other law for the time being in force, or

(b) has been received from any place outside Tndia (duly authenticated by such authority or person and in such manner as may be prescribed) in the course of the investigation of any offence alleged to have been committed by any person against this Act.

and such document is tendered in evidence against the person by whom it is produced or from whom It was seized or against such person and any other person who is jointly tried, or proceeded against, with him, the court, or as the case may be the adjudicating authority shall notwithstanding anything to the contrary contained in any other law for the time bein" in force.—

(/) presume, unless the contrary is proved, that the sip- nature and every other part of such document which purports to be in the handwriting of anv particular person or which the court or the adjudicating autho- rity may reasonably assume to have been signed by, or to be in the handwriting of any particular per- son, is under that peison's handwriting and in the case of a document executed or attested, it was executed or attested by the person by whom it pur- ports to have been so executed or attested;

(//) admit the document in evidence notwithstanding that it is not duly stamped, if such document is other- wise admissible in evidence.

4E. Power to \top and icize conveyances.—Any authorised person may, if he has any reason to suspect that any convev- Hnce or animal is being or is about to be, used for the trans- portation of any imported goods or materials which are liable to confiscation under this \ct and that by such transportation any provision of this Act has been, is being or is about to be contravened, at any time stop such conveyance or animal or, in the case of an aircraft, compel it to land, and

(ci) rummage and search the conveyance or anv part

thereof, veyance or on the animal.

(ft) examine and search any goods or materials in the

conveyance or on the animal,

(c) if it becomes necessary to stop any conveyance or animal he may use all lawful moans for stopping it and where such means fail, the conveyance or ani- mal may be fired upon,

and where he is satisfied that it is necessary so to do to.pre- vent the contravention of any provision of thjs Act or of any control order or condition of any licence or letter of autho* rity, he may seize such conveyance Or animal.

Explanation.—Any reference in this section to a conveyance shall, unless the context otherwise require, be construed as including a reference to an aircraft, vehicle or vessel.

4F. Search and seizure to be made in accordance with the Code of Criminal Procedure, 1973,—The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures, shall, so tar as may be, apply to every seaich or seizure made under this Act.

4G. Confiscation.—Any impoited goods or mateiLiK in ics-

pect of which—

(a) any condition of the licence or letter of authority, under which they were imported, relating to the utili- sation or distribution of such goods or ma lei ials, or

(/>) any condition relating to the utilisation oi distribu- tion of such goods or materials subject to which they were received from, or through d recognised agency, or

(c) any direction given under a control order with re-

gard to the sale of such goods oi mnleiials.

has been, is being or Is attempted to be, contravened, shall, together with any package, covering oi receptacle in which such goods arc found be liable to confiscation, and, where such goods or materials are so mixed with any other goods or materials that they cannot be readily separated, such other goods or materials shall also bo liable to confiscation :

Provided that where it is established to the satisfaction of the adjudicating authority that any goods or nuteiials, which are liable to confiscation under this Act, had been imported tor personal use, and not for anv trade or industry and that they belong to a person other than the person who has, bv any act or omission, rendered them liable to confiscation, and such act or omission wai, without the knowledge or conni- vance of the person to whom they belong such goods or materials shall not be ordered to be confiscated; but such other action as is authorised by this Act may be taken against the person who has, by such act or omission, rendered such KOods or materials liable to confiscation.

4H. Confiscation of conveyance,—Any conveyance or ani- mal which has been, is being or is attempted to be used for the transport of any imported goods or materials which aTe liable to confiscation under this Act, shall be liable to confisca- tion unless the owner of the conveyance or animal proves that it was, is being or is about to be so used without the knowledge or connivance of the owner himself, his agent, if any and the person in charge of the conveyance or animal and that each of them had taken all reaionable precautions against such use ;

Provided that in the case of a conveyance or animal used for the transport of goods or passengers for hire the owner of the conveyance or animal shall be given an option to pay, in lieu of confiscation of the conveyance or animal a fine not exceeding the value of the imported goods or materials which have been are being or attempted to be, transported hv such conveyance.

4-1, (1) Liability to penalty.-—Any person who,—

(a) in relation to any goods or materials which have been imported under any licence or letter of autho- rity, uses or utilises such goods or materials other- wise than in accordance with the conditions of such licence or letter of authority; or

(b) being a person to whom any imported goods or materials have been delivered by recognised agency,, uses or utilises such goods or materials or causes them to be used or utilised for any purpose other than the purpose for which they wer0 delivered to him: or

(c) having made a declaration for the purpose of obtnin-

ing—

(0 a licence or letter of authority to import any

goods or materials, or

((V) any amendment of such licence or letter of

authority, qr

(HI) allotment of any imported goods or materials,

is found to have made in such declaration, any statement which is incorrect or false in material particulars; or

(d) acquires sells or otherwise parts with, or agrees to acquire, sell or otherwise part_ with, any imported poods or materials in contravention of the conditions of any licence or letter of authority in pursuance of which such, goods or materials had been imported; or

(e) acquires, sells or otherwise parts with, or agrees to acquire, sell or otherwise part with, any imported goods or materials in contravention of the terms of any allotment made by any recognised agency; or

(/) contravenes any direction given under a control order "with regard to the sale of goods or materials which have been imported under any licence or letter of authority or which have been received from, or through, a recognised agency.

shall be liable to a penalty not exceeding five times the valus of the goods or materiaK or one thousand rupees, which- ever is more, whether or not such goods or materials havr been confiscated or are available for confiscation.

Explanation.—For the purposes of this section, "value" has the meaning assigned to it In sub-section (1) of section 14 of the Customs Act, 1962.

(2) If any person abets the commission of any act or omission, which act or omission would render any person l<"able to a penalty under sub-section (7), or attempts to com- mit nnv act aforesaid the person so abetting or attempting shall be liable to a penalty not exceeding five times the value of the goods or materials in respect of which such abetment or attempt has been made, or one thousand rupees, which- ever is more whether or not such goods have been confiscated or fire available for confiscation.

(3) A penalty imposed under sub-section (7) or sub-section (2) may, if it is not paid, be recovered as an arrear of land revenue :

Provided that the adjudicating authority may, by order, attach any money belonging to, or owed to the person on whom any penalty has been imposed under sub-section (1) or sub-section (2), and such attachment shall be made in the same manner in which an attachment is made by civil court.

4J. Confiscation or penalty not to interfere with other punishments.—No confiscation made or penalty Imposed under this Act shall prevent the inflication of any other punishment to which the person affected thereby h liable under the provisions of this Act or under any other law for the time being in force.

4K. Adjudication.—Any confiscation may be adjudged or

penalty may be imposed under this Act,—

(a) by the Chief Controller, or, where he so directs, by a general or special order, by the Additional Chief Controller;

(ft) subject to such limits as may be specified in this behalf, by such other officer not below the rank of a Deputy Chief Controller as the Central Govern- ment may, by notification in the Official Gazette, authorise in this behalf.

4T,. Giving of opportunity to the owner of godds, etc.— No order of adjudication of confiscation or Imposing a penalty shall be made unless the owner of the goods, materials, conveyance or animal, or other person concerned, is elven a notice in writing—

(I) Informing him of the grounds on which it is pro- posed to confiscate such goods, materials convey- ance or animal or to impose a penalty:

(tl) (riving him a reasonable opportunity of making a representation In writing within such reasonable time as may be. specified in the notice against the confisca- tion or imposition of penalty mentioned therein and if he so desires, of being heard in the matter,'

4M. Appeal.~(1) Any person aggrieved by any decision or

nriicr maclf under thf^ Art may prefer an appeal,—

(a) where the decision or order has been made by the Chief Controller or Additional Chief Controller, to the Central Government;

(b) where the decision or order has been made by any officer below the rank of the Additional Chief Con- troller, to the Chief Controller or where he so directs, to the Additional Chief Controller,

wilhin a period of forty-five days from the date on which the order is served on such person :

Provided that the Appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period of forty-five days, allow such appeal to be preferred within a further period of forty-five days :

Provided further that in the case of an appeal against an order imposing a penalty, no such appeal shall be entertained unless the amount of the penalty has been deposited by the appellant:

Provided also that, where the Appellate authority is of opinion that the deposit to be made will cause undue hard- ship to the appellant, it may, at its discretion, dispense with inch deposit either unconditionally or subject to such condi- tions as it may impose.

(2) The Appellate authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any. as it mav consider necessary, pass such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such direc- tions as ft mav think fit. for a fresh adjudication or decision, us (he ense may be, after taking additional evidence, if neces- sary :

Piovided that an oider enhancing or imposing a penalty or confiscating goods or materials of a greater value shall not be made under this section unless the appellant has had an opportunity of making a representation, und, if he so desires, of being heard in, his defence.

4N, Powers of revision of the Chief Controller.—The Chief Controller may on his own motion or otherwise, call for ana examine the records of any proceeding In which an order or adjudication of confiscation or imposing any penalty has been made by any officer subordinate to him and against which no appeal has been preferred, for the purpose of satisfying himself as to the correctness, legality or propriety of such order or decision and pass such orders thereon as he may think fit:

Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person—

fa) has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and

(b) has been given u reasonable opportunity of making repicsentation and, if he so desires, of being heard, In his defence.

4 O. Power of adjudicating and o t h er a u t h o r i t i e s .— ( IJ Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall tiave all the powers of a civil court under the Code of Civil Procedure 1908, while trying a suit, in respect of the following matters, namely :—

fa) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any docu-

ment;

(c) requisitioning any public record or copy thereof

from any court or office;

(d) receiving evidence on affidavits; and

O) issuing commissions for the examination of witnesses

or documents.

(2) Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall be deemed to be a civil court for the purposes of

sections 345 and 346 of the Code of Criminal Procedure 1973.

(.?) Uvcry authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have ihc power to make such orders of an interim nature as it may mink fit and may also, for sufficient cause, order the stay of operation of any decision or order.

4P. Continuance of proceedings in the event of death or insolvency.— (1) Where a penalty has been imposed by the adjudicating authoiily and—

(a) no appeal against the order imposing such penalty has been preferred to the Appellate authority and Ihc pcison entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the appeal can be preferred, or

(/>) an appeal hai been preferred to the Appellate- autho- rity against the order imposing such penalty but the appellant dies or is adjudicated an insolvent during the pendency of the appeal,

then, it shall bi_ Liwlul lor the legal representatives of such pel son or the Official Assignee or the Official Receiver, as the case mny be, to prefer an appeal to the Appellate authority, or, •is the case may be, to continue the appeal before the Appel- 1,1 tc authority, in place oi such person and the provisions- of section 4M shall, so far as muy be, apply or continue to apply to such appeal,

(2) The powers of the Official Assignee or the Official Re- ceiver under sub-section (1) shall be exercised by him sub- ject to the provisions of the Presidency Towns Insolvency Act, 1909, Or the Provincial Insolvency Act 1920 as the case may be.'.

5. Penalty —If any person contravene or attempts to contiavcne, or abets a contaravenlion of, any order made or deemed to have been made under this Act or any condition of a licence granted under any such order, or any authority under which imported goods were received from or through a recognised agency, he shall without prejudice to any con- fiscation or penalty to which he may be Jiable under the pro- visions of the Customs Act, 1962 (52 of (1962) he punish- able—

(a) where the valuo of (he goods, in relation to which such contravention or attempted contravention or abetment of contiavention has been made, exceeds ten lakh rupees, with imprisonment for a term which may extend to seven years and also with fine, and

(h) in any other ense, with the imprisonment for a term which may extend to three years and also with fine.

Provided th.it in the absence of special and adequate reasons to the contrary to be recorded in the judgement of the Court IUCK imprisonment shall not be for less than six months.

5A. Pi nalty for contravention of order made by adjudicat- ing ouihinuy and Appellate authority.— If any person fails to pay the penalty imposed by the adjudicating or the Appel- late authority or fails to comply with any direction or order made, oi deemed to have been made, under this Act, he shall, upon¹ conviction by a court, be punishable with imprisonment tor a term which may extend to two year*, or with fine, or with both.

5B. Correction of cleiical dr arithmetical mistakes.—Cleri- cal or arithmetical mistakes in any decision or order, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the authority by whicl> the decision or older was made either on its own motion or on the appli- cation oi the aggrieved person :

Provided that where any coricclion proposed to be mu.de under this section will have the effect of prejudicially affect- ing any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall b^ made after the expiry of a period of two years from the date on which such decision or order was made.

6. Cognizance of offences.—No Court shall take cognizance of any offence punishable- under section 5 except ypon com- plaint 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 culled in question in any Court, and no suit, pro- secution or other legal proceeding shall lie against any per son for anything on Rood faith done or intended to be done under this Act or any order made or deemed to have been made thereunder

8. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act,

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may povide for all or any of the following matters, namely :—

(a) the person by whom and the manner in which., any document icccived from a place outside India sball be authenticated,

(b) any other matter which is required to be, or may

be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if. before the expiry of the session immediately following the fcession or the successive sessions aforesaid both Houses agree in making any modification in the rule or both, Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annul- ment shall be without prejudice to the validity of anything previously done under that rule.

APPENDIX 2

[Vide para 2 of Chapter 1J

Government of India

MINISTRY OF COMMERCE AND INDUSTRY

Imports (Control) Order, 1955 (as amended uplo 12th April, 1976)

New Delhi, the 7th December, 1955

No. 17/55.—In exercise of the powers conferred by sec- tions J and 4A of the Imports and Exporls (Control) Act, 1947 (18 of 1947) as in force in India and as applied to the Stale of Pondicherry, the Central Government hereby makes the following Order, namely ;—

ORDER

1. Slidrt title and Commencement,—(a) This order may

be called the Imports (Control) Order, L955.

(2) It shall come into force at once.

2. Definition.—In this Order, unless the context otherwise

requires.—

(a) 'the AcL' means the Imports and Exports (Control)

Act. 1947 (18 of 1947);

(aa) 'application for licence' includes any application made under the Import Trade Control regulations;

(aaa) 'Chief Controller of Imports and Exports' includes Export Commissioner in the office of the Chief Con- troller of Imports and Exports, a Joint Chief Con- troller of Imports and Exports, a Deputy Chief Con- troller of Imports and Exports and a Deputy Iron and Steel Controller;

(aaaa) 'licence' includes a customs clearance permit issued

under this Order;

(b) 'Licenccc' 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;

(c) 'Value' has the same meaning as in sub-section (1)

of section 14 of the Customs Act 1962 (52 of 1962).

3. Restriction of Import of certain goods.—(1) Save as otherwise provided in this Order, no person shall import any goods of the description specified in Schedule 1, except under and in accordance, with a licence or a customs permit granted by the Central Government or by any officer speciiled in Schedule II.

(2) If in any case, it is found that the goods imported under licence do not conform to the description given in the licence or were shipped prior to the date of issue of the licence under which they arc claimed to have been imported then, without prejudice to any action that may be taken against the licensee under the Customs Act, 1962 (52 of 1962), in res- pect of the said importation, the licence may be treated as having been utilised for Importing the said goods.

(3) If, in any case, it ia found that the goods imported

undtr a licence do not conform in every respect.—

(i) to the description or value of the goods as contain-

ed in the licence; or

(ii) to the other conditions relating to such goods, as

contained in, or npplicable 1o the licence,

tqe import of such goods shall be deemed to be prohibited. 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 dis- cretion allow the importer to sccuie the clearance of goods, on execution of a bond or letter of guarantee to the effect that he holds a valid licence in respect of the imported goods and shall produce the same within a period to bo specified by the Customs Collector, falling which 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 (hat may be taken against him under the Customs Act, 1962 (52 of 1962) for unauthorised importation of the fioods concerned.

4. fees on Application of Licences.—(1) Every application for a licence shall be made to the appropriate licensing autho- rity.

(2) A fee as indicated in Schedule III 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 Government or any department or office of the Central Government or State Government;

(b) any local authority for the import of goods requir-

ed for its own consumption;

(c) any educational, charitable or missionary institution

for the import of goods requhed for its own con- sumption;

(d) an application for review of nil order i.e. first appeal made on an application for a licence to the licensing authority who originally dealt with the case.

*Ihc fee once received will not be refunded under any

circumstances except—

(i) where the fee has been deposited in excess of the

prescribed scale;

(ii) where the fee has been deposited, but no applica-

tion has been made;

(iii) where the fee has been deposited, and the application 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 application, thereby rendering the application ineli- gible for the grant of licence.

*Notc.—-Fees paid in respect of Appeals made to the Chief Controller of Imports and Exports shall not be refunded under tiny circumstances.

5. Conditions of Licences.-~(\) 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 anv 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 direction attach- ed to the licence;

(iii) that the applicant for a licence shull execute a bond for complying with the terms subjects to which a licence may be granted.

(2) A licence granterd under this Order may contain such other conditions, not inconsistent wiih the Act or this Order, as the licensing authoroity may deem fit.

(3) It shall be deemed to be a condition of every such li-

cence that :—

U) no person shall transfer und no person acquire by transfer any licence issued by the licensing authority except under and in accordance with the written per- mission of the authority which granted the licence or of any other person empowered in this bebalf by iuch 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 clea- rance 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 institutions or agencies owned or controlled by the Central Government and which are entrusted with canalisation of Imports.

Piovidcd further ttiat the conditions under items (i) and (ii) of this sub-clause shall also not apply in relation to licences issued to eligible export houses lor import of goods meant for disposal to actual users under the import policy for registered exported.

(iii) the goods for the import of which a licence is gran- led 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.—(1) The Central Government 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 distri- bution thereof through special or specialised agen- cies or channels;

(d) if tile applicant is a partner in a partnership firm, qr a director of a private Limited Company, which is for tho time being subject to any action under clause ";

(c) 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 clause 8, 8A or 8B; and

(1) if any amount demanded from the applicant under (he Customs Act, 1962 or any penalty imposed on hiin 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 licensing authority under the relevant import policy and procedure in force,

7. Amendment of Licence.—'I~he 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 conwnent with the Import Trade Control Regulations.

K. fowci 10 debar from receiving licences or allotments ol unpoiltd uood*.—ihe Central Government or the Chief Con- troller of Imports and Exports may debar a licensee or impor- ter or any other person from receiving licences or allotment of imported goods through the State Trading Corporation of India, tho Minerals and Metals Trading Corporation of India, or any other similar agency, and direct, without prejudice to any other action that may be taken against him in this behalf, that no licence or allotment of imported goods shall be grant- ed 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

(c) if ho is found to have used in support ot his appli- cation any document which is false or fabricated or which has been tampered with; or

((X) if he has, on any occasion, tampered with an im- port 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 obtain ins a licence, or is found to have solicited any licence by oiienng 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 liconco on his behalf; or

(f) if he fails to comply with Or contravenes or attempts to contravene or abets the contravention of any conditions embodied in, or accompanying, a licence or an application for a licence; or

(B) if he commits a breach of any law (including any iwe, order or regulation) relating to customs or ihe import and export of goods or foreign exchange; or

(h) if he fails to produce any document or information that is called for by the Chief Controller of Imports and Exports or any other licensing authority.

HA. Power to suspend grant of licences or allotments of im- ported goods,—The, Central Government or the Chief Con- troller of Imports & Exports may suspend the grant of licences or allotments of imported goods through the State Trading Corporation of India, the Minerals and Metals Trading Corpo- lation 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 pre- judice to any other action ihat 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 :

Piovidcd 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, res- trictions or limitations as may be decided by the authority aforesaid, keeping in view the foreign exchange position, indi- genous production and other relevant factors.

HB. Po^er 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 Chtef Controller of imports and Exports ia satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be hi the public Interest, then notwithstanding anything contained in this Order, the Central Government or the Chief Controller of Imports and Exports may keep hi abeyance any application for grant of licence from such per- son, or direct the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India, or any other similar agency to keep in abeyance¹ allotments of import- ed goods to such person, without assigning any reason, and without prejudice to any other action that may be taken i- 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.

IOC. Poner to make drectlom for the sale of imported

KC. I'ubtwiiy of action taken under clause 8 or SA.

Hoods m certain cases.

U) it the Central Government is of opinion that a is ntcesbiuy or expedient in itie public interest to publish th" name 01 any peison or class of persons and other relevant pamciilais. against whom action under clause S or 8A is IOM.II IL iiuiy publish or cause Lo be published, the nitme ol such peison or class or such persons and such particulars in sum manner it thinks ht.

(n) No publication under sub-clause (h bhall be made in relation LO any such action uniil the time of presenting an appeal, u any, to the appellate authority has expired without un appeal having been presented or, the appeal, it presented, has been disposed of.

Explanation,—In the case of a linn, company or oilier association ol persons, the names oi the partners of the him, dnectois. managing agents, secretaries and treasurers, or man- agers ot the company, or tne members Ot the association as the case may be may also be published if, in the opinion ot the Central Government, the circumstances of the case justify it.

9. CWH ellation oi licences.—The Central Government or the Chief Conti oiler ot Imports and Exports or any other olilcci authorised in this behalt may cancel any licence granted under this Ojdcr or otherwise render it ineffective;

(a) if the licence has been granted through inadvertence or mistake or has been obtained by traud or mis- representation;

(1) Whetc, on the impoilalion oi any goods or at any lime thereafter, the Chief Controller of Imports and Exports is satisfied, atter giving a reasonable opportunity to tile licensee ot being heard in the matter, that such goods can- not be utilised lor the puipose for which they were imported he, may by order, direct the licensee oi any other person, having possession or contiol of such goods to sell such goods lo such person within such time, at such price and in such manner a> may be specified in the direction.

(2) The price that may be specified undci sub-clnusc (1) shall be the aggregate ot the landed cost ot the goods, clear- ing and transportation chmges and such othei incidental charges incurred in relation iheieto as aie considered reason- able in the circumstances of the case by the Chief Controller ot Imports and Exports.

(2-A) Where goods arc imported thiough the Stale Trad- ing Coipoiation of India, the Minerals and Mclals Trading Corporation of India or other similar institutions or agencies owned or controlled by the Government or any other recog- nised agency, and such goods aie allotted to any person, "n opportunity of being heard in the matter shall be given to such person also.

(3) The licensee or the peison to whom any direction has been made under sub-clause (1) shall be bound to comply with such direction.

10D. Prohibition regarding making, signing, etc., of any

declaialion, statement or document :—

(b) if the licence has been granted contrary 10 rules 01

tth; provisions of this Order;

tc) if the licensee has cummitted 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 bicach of any law reliilinfj to customs or the rules and regulations le- laiing 10 the imports or exports of goods or of any law relating lo the regulations ot foreign exchange,

10. Uin'onunlty of being lie aid to be ghen.—(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 per- son unless hi. ha", been given a reasonable opportunity of being heard.

(2) Wheic 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 constitute for the purpose of hearing appeals, within thirty days from the date of the com- munication of the action taken,

10A. Declination 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 shal] 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 sub- scribe a declaration of the truth of sucb statement at the fool of such Bill of Entry or documents.

10B. Utilisation of Imported goods.—(1) No person shall use any imported goods received by him during allotment or distiibution made by ihe State Trading Corporation of India or any other recognised aceney. in a manner and for the pui- pose, otherwise than as declaicd by him in his application for such allotment or distribution or In any document sub- mitted lay 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 strcnglh of a letter of authority issued in his favour under the Impoit Trade Control Regulations except in accord- ance with the terms and conditions of such Letter of autho- rity.

{I) No person shall make, sign or use or cuuse to be made, signed or used any declaration statement or document in obtaining a licence or in importing any goods knowing or having leason to believe that such declaration, statement or document is false in an> material particular.

(2) No person shall employ any coirupt or fraudulent practice in obtaining any licence or in importing any goods.

10b. Power of Deputy Iron and Steel Controller.—The powers cxci cisable under clauses 8, 8A or IOC shall also be exercisable by the Deputy Iron and Steel Controller, against si licensee or importer oi any olhei peison in ielation to goods liccnsable by the Deputy Iron and Steel Controller, that is to say, Iron and Steel and Ferro-alloys.

11. Savings.—(1) Nothing in this Order shall npply to the

import of any goods :—

(.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 Govern- ment, Statutory Corporation, public body or Govern- ment Undertaking run as a joint Stock Company thiougb the agency of the Purchase Organisations of the Mimsiiy of Supply, i.e., India Supply Mission, London and India Supply Mission, Washington;

(c) by the Central Government, any Sttitc Government or any statutory corporation or public body or Government undertaking run as a Joint Stock Com- pany, orders in respect of which are placed through the Directorate General Supply and Disposals, New Delhi;

(d) by transhipment, or imported and bonded on airival for re-expoil as ships stores or otherwise to any or imported mid bonded on nnival foi re-export as country outside India, except Nepal, Tibet and Bhutan aforesaid but subsequently released for use of Diplo- matic personnel, Consular Officers in India and the officials of the United Nations Organisation and it" (specialised agencies who are exempt from payment of duty under Ministry of Finance (D.R.) Notifica- tion No. 3 dated the Kth January, 1957 and United Nations (Privileges and Immunities) Act, 1947, les- pectively;

(e) which ore in transit through India by post or other- wise, 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 arc always in tho custody of ihe postal/customs autho- rities;

(f) for transmission across, India by air to Afghanistan or by land, to any other coumry outside India, ex- cept Nepal, Tibet and Bhutan under claim for ex- emption from duty or for refund of duty either in whole or in part, provided lhat such goods arc im- ported by or on behalf of ihe Government of a country bordering on India or that the importer undertake to produce within a specified period evi- dence 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 impose on such goods and provided further that nothing therein contained entitles any ftoods 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 Heading number 29,01/45 of Schedule I exceeding five hund- red tablets or 1 lb. powder or one hundred ampules:

Provided that in the case of imports by a tourist, articles or 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 J962);

Provided further that where any goods are exempted under this sub-paragraph, the exemption shall be subject lo 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 years and five years respectively from the date of clearance by such persons or pas- senger or member of the crew or (b) in the case of othor goods when market-price has depreciated to less than 50% of their market-price when new;

(fig) by any person through the post, for his personal use, or by any institution or hospital, for its own use except :—

(i) Post parcels of vegetable seeds falling under Heading number 12.01/10 of Schedule I, ex- ceeding—one lb. in weight;

(ii) Post parcels of artificial silk plecegoods falling under Heading numbers 51.04 and 56,07 of Schedule I;

(iii) Bees falling under Heading number 01.01/06

ot Schedule I.

(iv) Tea falling under Heading number 09.01/10

of schedule I.

(v) Books, magazines, journals and literature which are not allowed to be imported under the import policy for the time being in force.

Provided that the c.i.f. value of goods imported as afore- said at tiny one time from Asian and non-Asian countries shnll not exceed eighty rupees and one hundred and sixty rupees.

NOTE.—The payments in respect of such goods other than those received as Rifts, will be rcmittable through authorised dealers in foreign exchange with the per- mission of the Reserve Bank of TndTa.

(h) covered bv an Open General Licence or Special General Licence issued by the Central Government;

(i) covered by an executive instruction issued by the Chief Controller of Imports and Exports to the customs authorities;

(j) by or on behulf of Diplomatic personnel, consular officers and Trade Commissioners in India who are exempt from payment of Custom* duty under Noti- fication 3 dated tho 8th January. 1957 of the Govern- ment. oir India iu the Ministry of Finance (DeptU of Revenue);

Ik) from any country, which arc exempt from Customs duty on re-importation under Section 20 of the Customs Act, 1962 (52 of 19*2) or under Customs Notification Nos. 113, dated 16th May, 1957, 103 dated 25lh March 1958, 260 and 261, dated lliti October 1958, 269, 270, 271, 273, 274, 275 and 276 dated 25th October. 1958, and 68, dated 27th May, 1961 of the Government of India, Ministry ol Finance (Department of Revenue), or Notification No. 174, dated 24th September. 1966 as amended or Notification No. 98, dated 21st June, 1969. o) the Government of India, Ministry of Finance (De- partment of Revenue & Insurances or Notification No. 80, dated 29th August, 1970;

(1) of Indian manufacture and foreign made parts of such goods, exported and received back by the manufacturer (s) from the consignee for repair and re-export, provided that :— (i) tlio Customs authorities are satisfied with the

buna fides of the case, and

(ii) in the case of goods other than those exempt from customs duty on re-importation under Customs Notification No. 132 dated 9th Decem- ber, 1961, a bond is executed by the importer with the Import Trade Control authority at tt>e port concerned to the ellect that the goods thus imported will be re-exported after repair with- in six months;

(m) by officials of the United Nations Organisation and Us specialised agencies who are exempt from pay- ment of Customs duty under the United Nations (Privileges and Immunities) Act, 1947;

in) being vehicles; as defined in Article I of the Customs Convention on the Temporary Importation of Private Road Vehicles or the component parts thereof re- ferred to in Article 4 of the said convention and are exempt from payment of customs duty under the notification of the Government of India in the Minis- try of Finance (Department of Revenue) No. 224. dated the 3rd August, 1958 ns subsequently amend- ed, provided that—

(i) such vehicles or component parts are re-export- ed within the period specified in the said notifi- cation or within such further period as the customs authorities may allow,

(ii) the provisions of the said notification or of the 'Triptyque' or 'Carnet-Dc-Passage' permit arc 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 components shall be deemed to be goods, the imports of which has been prohibited under the Customs Act, 1962 (52 of 1962),

Provided that nothing in these exceptions sluill prejudice the application to any goods of any other prohibition or regula- tion affecting the import of goods that may be in force at the time such goods are imported.

(o) covered by an import licence issued by his Majesty's Government of Nepal and the importer furnishes a bond to the Collector of Customs in the form pres- cribed by the Collector of Customs with a Sche- duled Bank as surety to the effect that he shall pay The duty and pay penalty Imposed for contravening Import Trade Control restrictions in respect of the whole or any portion of the goods which is not pro- vided to have entered the territory of Nepal.

(p) of Indian manufacture or otherwise by the Central Government or any State Government for repairs, and re-export to Indian Embassies abroad or to any other office of the Central Government or State Government 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 one thousand rupees;

(ii) by any individual for his personal use provid- ed, the c.i.f. value of such goods imported at any one time shall not exceed two hundred rupees;

(b) Medical including surgical, optical and dental instru- ments, 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 theu own use, provided the c.i.f. value of such goods Imported at any one time shall not ex- ceed live thousand rupees;

Ui) by registered medical practitioners for their own use, provided the c.i.f. value of such goods imported shall not exceed two thousand rupees in a financial year subject to the condition that at the time of clearance- the importers shall be required to give a declaration to the customs authority to the eifect that the c.i.f. value of such goods already imported during the same linancial year docs not exceed two thousand rupees;

(c) Spare part for medical including surgcal optcal and dental equipment by hospitals and medical institu- tions for their own use provided the c.i.f. value of such goods imported at any one time shall not ex- ceed two thousand rupees;

(d) (i) X-Ray films, X-Ray diagnostic a^enlj and X- Ray intensifying screens by hospitals and X- Ray clinics for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed two thousand rupees; in the case of x-ray films and x-ray intensify- ing screens and five thousand rupees in the case of x-ray diagonostic agente.

(ii) X-Ray films and X-Ray diagnostic agents by laboratories for research purposes, 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 electrically operated or otherwise, replacement parts thereof and com- ponents required for the construction of scientific instruments, equipments, apparatus and appliances, vfhether electronic or electrically operated or other- wise and raw materials, required for research and development and declared as such, by technical and research institutions and Research and Development units recognised by the department of Science and Technology, Oovt. of Jndia, New Delhi for their own use upto a value not exceding Rs. t lakh (c.i.f.) in a linancial year. The importer shall give a decla- ration to the Customs Authority at the time of clearance indicating c.i.f. value of such goods al- ready imported in the same year. It shall also be obligatory on the part of the importer to inform the Dcpt. of Science and Technology, Oovt, of India, New Delhi within 30 days of the clearance of goods through the Customs, the particulars of the goods imported,

(f) artist's materials, namely water colour tubes, can- vas, brushes ("made of hog or sable hair) and palette knives, by any individual for bis personal use, pro- vided the c.i.f. value of such goods Imported at any one time shall not exceed one hundred and fifty rupees.

(g) High purity chemicals, by Research and analytical laboratories, for their own use, provided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees.

(,bj life saving equipment:—

(i) by hospital or medical institutions for their own

use.

(ii) by any individual for his personal use on pro- duction of an essentiality certificate from the State Director of Medical Services or Director General, Health Services, New Delhi, to the Custom* authorities.

Provided the life saving equipment Imported is of the

description specified in Schedule V.

(i) spare parts of agricultural tractors permissible for import under the import trade control policy in force at the time of importation by any individual having imported agricultural tractors for his own use pro- vided the c.i.f. value of such goods shall not exceed one thousand two hudred, an

(j) technical and scientific books permissible for imports under the import trade control ploicy 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 time of importation by an educationa, 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 exceed ten thousand rupees, and applications for remittance of foreign exchange are made through the University Grants Commis- sion.

NOTE.—The payment In respect of th" goods im- ported under (his sub-clause other than those recei- ved as gifts will be remittable though authorised dealers in foreign exchange.

(3) Nothing in this Older shall apply to the import oC foodgrains by Food Corporation of India, provided that, at the time of clearance, a declaration to the effect that the import, in question has been approved by Central Government, is furnished by the importer to the Customs authorities.

(4) Nothing in this Order shall apply to the import of articles of free & edible material, which are supplied as free gift by agencies approved by the United Nations Orga- nisations and which are exempt from payment of customs duly under the Ministry of Finance (Department of Revenue & Insurance) Notification No. GSR 766 dated 21st June, 1975.

12. Repeals.—The orders contained in the notification

specified in Schedule IV arc hereby repealed :

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.

SCHEDULE I

(See ClauseS)

1 2

SECTION II

NOTE:—Each heading number in Column (l)correesponds to the respective Chapter and heading number of the first Schedule to the Customs Tariff Act, 1975 (51 of 1975) and each entry in Column (2) has the same scope and meaning as tho corresponding Chapter and heading of the said first schedule.

Sub Heading No, and description of Heading No.

article

2

1

Vegetable Product!).

CHAPTER 6

Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage.

SECTION I

Live Animals; Animal Products.

CHAPTER 1 Lire Anlmali

Llvo Animals including Live Birds.

01 -01/06

CHAPTER 2

Meat and edible meat offali.

02 -01/06

Meat including odible moat offals and pis and poultry fat (not rendered or solvent extracted}, fresh, chilled, frozen, salted, in brine, dried or smoked.

CHAPTER 3

Fish, crustaceans and molluscus

03-01/03 Fish, fresh (live or dead), chilled, frozen, dried, salted or in brine; smoked fish, whether or not cooked brefore or during the smoking process; crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled, frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water.

CHAPTER 4

Dairy Produce ; birds' eggs, natural honey ; edible products of animal origin. not elsewhere specified or Included.

04-01/07 Milk and cream, fresh or preserved, butter (including ghee), cheese and curd. Birds* eggs and egg Yolks, fresh, dried or otherwise preserved, sweetened or not; natural honey. Edible products of ani- mal origin not elsewhere specified or included.

CHAPTER 5

Products of animal origin, not elsewhere specified or Included.

05-01/15 Products of animal origin, not elsewhere specified or included (for example, fish waste; birds' feathers and down not further worked than cleaned, disinfected or treated for preservation; ivory tortoise shell and other shells, unworked or simply prepared but not cut to shape; coral and similar substances, unworked or simply prepared; natural sponges.

06 01/04 Living plants and parts thereof, suitable for planting or for ornamental purposes; florists ware*.

CHAPTER 7<

Edible regerables and certain rooti and tubers

07 -01/06 Vegetables, fresh, dried, dehydrated, or evaporated, provisionally preserved but not specially prepared for immediate consumption, dried leguminous vege- tables including pulses, shelled or un- shelled; roots and tubers with high starch content; Sago pith.

CHAPTER 8

Edible fruit and nuts; peel ofkmelon§ or citrus fruit.

08-01/13 Fruits, melon peel, citrus fruit peel and nuts (shelled or not) fresh or dried, preserved by freezing (whether or not cooked, but not containing added sugar), provisionally preserved (for example, by sulphur dioxide gas, in brine, in sul- phur water or in other preservative solutions), but unsuitable in that state for immediate consumption.

CHAPTER 9

Coffee, tea, mate and Spices.

09-01/10

Coffee, whether or not roasted or freed of caffeine; coffee husks and skins, coffee substitutes containing coffee in any pro- portion. Tea and mate. Spices in- cluding mixed spices.

CHAPTER 10

Cereals

Wheat, rice, maize and other cereals. 10-01/07

CHAPTER 11

Prodncts of the milling Industry ; malt and starches j gluten;

inulln.

11-01/09 Cereal flours. Cereal groats and cereal meal; other worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled, but not further prepared), except husked, glazed, polished or broken rice. Flours, meal and flakes of Potatoes, of the leguminous vegetables and of the roots and tuberB falling within Chapter

138

1 2

7 or of the fruits falling within Chapter 8; malt, roasted or not; starches; wheat gluten, whethe r or not dried.

CHAPTER 12

OH seeds and oleaginous fruit; Miscellaneous grains, seeds and fruit; Industrial and medical plants; straw and fodder.

.2 -01/10 Oil seeds and oleaginous fruit, whole or broken. Flours or meals of oil seeds or oleaginous fruit, non defatted (exclud- ing mustard flour). Seeds, fruit and spores, of n kind used for sowing.

¹

2

15-07

Fixed vegetable oils, fluid or solid, crude,

refined or purified,

15 08/13

Animal and vegetable oils, boiled, oxidised, dehydrated or otherwise modified; fatty acids, acid oils from refining; fatty alco- hols; glycerol and glycerollyes; animal or vegetable oils hydrogenated or solid- ified by any other process; degras, mar- garine, imitation lard and other prepared animal fats.

15 14/17

Spermaceti and insect or vegetable waxes whether or not coloured; residues result- ing from the treatment of fatty substances or animal or vegetable waxes.

SECTION IV

Sugar beet, whole or sliced, fresh, dried or powdered; sugar cane; chicory roots, fresh or dried, whole or cut, unroasted; hops. Plants and parts (including seeds and fruit) of trees, bushes, shrubs or other plants, being goods of a kind used primarily in periumery, in pharmacy, or for insecticidal, fungicidal or similar purposes, fresh, dried, whole, cut, crush- ed ground or powdered, betelnuts. Locust beans, fresh or dried, whether or not kibbled or ground, but not furhter prepared: fruit kernels and other veget- able products of a kind used primarily for human food, not falling wthin any other heading. Cereals Straw and husks unprepared or chopped but not otherwise prepared; hay and similar foraje pro- ducts.

CHAPTER 13

Raw vegetable materials of a kind suitable for use in dyeing or ID tanning; Iocs; gums, resins and other vegetable saps and extracts.

13 '01/03 Raw vegetable materials of a kind used primarily in dyeing or in tanning Shel- lac, Seed Lac, Stick Lac and other Lues, natural gums, resins, gumresins and bal- sams. Vegetable Saps and extracts; pectic substances, pectinates and pec- tatcs; agar-agar and other natural muci- lages and thlckners, derived from veget- able products.

CHAPTER 14

Vezetable olaltlng and carving materials ; vegetable product* no* elsewhere specified or included.

PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND

VINEGAR, TOBACCO.

CHAPTER 16

Preparation! of meat, of fUh, of crustaceans or molluscs.

It 01/05 Prepared or preserved meat, flsh Including caviar and caviar substitutes, crustaceani and molluscs; meat extracts and meat juices; fish extracts.

CHAPTER 17

Sugar and Sugar confectionery

17 01/05

Beet sugar and cane sugar, solid. Other sugars Including glucose and lactose; sugar syrups; artificial honey (whether or not mixed with natural honey), cara- mel. Molasses, whether or not deco- lourised. Sugar confectionery not Con- taining cocoa; flavoured or coloured sugars^ syrups and molasses, but not including fruit juices containing added sugarin anyproportion.

CHAPTER 18

C"coa and cocoa preparation*.

18-01/06

Cocoa and cocoa preparations (for exa- ample, cocoa beans, shells, husks, skins and waste, cocoa paste, cocoa butter, cocoa powder, chocolate and other food preparations containing cocoa).

CHAPTER 19

1 2

1 2

SECT/ON V

MINERAL PRODUCTS

CHAPTER 25

Salt, sulphur, earths and stone; plastering materials, lime of plants, preserved by sugar; Jams, fruit jellies, marmalades, fruit puree and fruit pastes, being cookod preparations; vege- table and fruit juices, neither fermented nor containing alcohol; fruit or vege- tables prepared or preserved by vinegar, acetic acid or otherwise

and cement.

25-01/32

CHAPTER 21

Miscellaneous edible preparations

2l -01/07

Mineral substances, not elsewhere speci- fied (including clay, earths, earth colours, natural abrasives, salt, sulphur, slt'te and stone); cements, all sorts, not else- where specified (including Portland cement and clinker); lime; plasters, with a basis of calcium suplhatc, whether or not coloured, but not including plas- ters specially prepared for use in dentis- try.

CHAPTER 26

Metallic ores, Blag and asb

26-01/04

Roasted chicory find roasted coffee sub- stitutes, and extracts, essences and con- centrates thereof; extracts, essences of concentrates of coffee or tea or mater and preparations with a basis of these extracts, essences or concentrates; mus- tard flour and prepared mustard; sauces; mixed condiments and mixed seasonings; soups and broths; homogenised compo- site food preparations; natural yeasts and prepared btiking powders; food preparations not elsewhere specified or Included.

Metallic ores and concentrates; loasttd iron pyrites. Slag, ash and residues containing metals or metallic com- pounds.

CHAPTER 22

Beverages, spirits and Vinegar

CHAPTER 27

22-01/0,2

Mineral fuels, mineral oils and products of their distillation;

bituminous substances; mineral waxes.

27-Ol/0t

Waters, including spa waters and Berated waters (whether or notflavoued); lemonade and other non alcoholic beverages, not including fruit and vegetable juices fal- ling within Chapter 20; ice and wow.

22'05/07

Coal (including solid fuels manufactured therefrom); lignite, peat; coke and semi coke of coal, of lignite or of peat; retort carbon: mineral tars (including partially distilled turs und blends of pitch with creosote oils or with other coal tar disti- lation products).

Beer made from malt; wine of fresh grapes, including grape must, In fermentation or with fermentaton arrested; ver- mouths and other wines of fresh grapes, flavoured with aromatic extracts; other fermented beverages (for example, cider, perry and mead).

27-07

22'08

Oils and other products of the disiillmkn of high temperature coal tar; siinilrr products as defined Note 2 to this Chapter in Schedule 1 of the Customs Tai-rlf Act, 1975 Ethyl alcohol or neutral spirits undcnatiired, of a strength of 80o or higher; denatured spirits (including othyl alcohol and nevit- tral spirits) of any strength.

22 09

Pitch and pitch etke, obtained from coal

27-08

tar or from other mineral tars.

Petroleum oils ntid oils obtained frcm

27-09

Spirits (other than those of Heading No. 22-08); liquors and other spirituos beverages; compound alcoholic prepa- rations (known as "concentrated extracts") for the manufacture of beverages.

bituminous mineral!-, crude.

Vinegar and substitutes for vinegar.

22-10

27 10

CHAPTER 23

Resides and waste from the food industries, prepared animal fodder.

23-01/07

Petroleum oils and oils obtained frcm bituminous minerals, other than crude; preparations net elsewhere specified ir included, containing net less thpn 70 per cent, by weight of petroleum cils or if oils obtained from bituminous minerals, these oils being the basic cc.nstitutcr.ts if the prepcrations.

Petroleum gases and other gaseous hydro-

27-11

carbons.

27 -12/13

Residues and waste of food industries (for example, inedible meat or fish flour or meal); milling residues, waste from sugar, browing and distilling and starch industries; oil cake and other residues from oil extraction (except dregs); pro- ducts of vegetable origin of a kind used for animal food, not elsewhere specifid or included; sweetened for-age and other prepared animal fodder.

Petroleum jelly; paraffinc wax, micro- crystalline wax, slack wax, ozokerite, lignite wax, peat wax and other mineral waxes, whether or not coloured.

CHAPTER 24

27-14/16

Tobacco

24 -01 /07

Petroleum bitumen, petroleum cckc and other residues of petroleum oils or of oils obtained from bituminous minerals; bitumen and asphalt, natural; bituminous shale, ttsphaliic reck and tnr sands; bituminous mixtures based on natural Unmanufactured tobacco; tobacco refuse, manufactured tobacco; tobacco extracts and essences.

1 2

asphalt, on natural or petroleum bitu- men, on mineral tar or mineral tar pitch (for example, bituminous mastics, cut- bucks.).

2

1

32 -02/03

SECTION VI

Tannins (Tannic acids) and their derivatives; synthetic organic tanning substances and inorganic tanning substances; tan- ning prc-paratJons, whether or not con- taining natural tanning materials; enzy- matic preparations for pre-tanning (for example, of enzymatic, pnncreatic or bacterial origin,) :

PRODUCTS OF THE CHKMICAL AND ALLIED

INDUSTRIES.

CHAPTER 28

Inorganic Chemicals; Organic and Inorganic Compounds of precious metal§, of rare earth metals, of radio-active elements

and of isotopei.

28-01/58

Chemical elements, inorganic chemical compounds and other prcducis Ms spe- cified in Notes 1 and 2 to this Chnpter in schedule t of the Customs Tariff Act, 1975.

CHAPTER 29

29 01/43

Organic Chemicals Organic compounds including antibirlics, enzymes, hormones, sulphidriigs, Vilu- mins and other products specified in Notes 1 and 2 to this Chapter in Schedule 1 of the Customs Tariff Act, 1975.

CHAPTER 30

32 '04/12

Colouring matter; synthetic organic dyes tuffs (including pigment dyestuffs); pro- ducts of a kind used as luminophores; optical bleaching agents substantive to the fibre; prepared pigments; colour lakes; paints, varnishes and enamels; prepared driers; puty, fillers and stop- pings; glass frit and other glass in the form of powder, granules or flakes; stamping foils.

Writing ink, printing ink and other inks.

32 13

CHAPTER 33

Essential oils and reslnoldg; perfumery, cosmatlci and toilet

preparations.

33'01/06 Essential oils, natural or synthetic; aqueous distillates and aqueous solutions cf essential oils, including such products suitable for medicinal uses; concretes and absolutes; rcsidnu'ds; perfumery, cosmetics and toilet preparations, room deodor-isers.

Pharmaceutical Products

30'01

CHAPTER 34

Soap, organic surface-active aeents, washing preparations,

lubricating preparations, artificial waxes, prepared waxes,

polishing and scouring preparations, candles, and similar

articles, modelling pastes and "dental waxes".

Organo-therapeutic glands or other organs, dried, whether or not powdered; organ- otherapeiJtic extracts or glundsor- other organs or of their secretions; other ani mal substances prepared for therapeutic or prophylactic uses, not elsewhere speci- fied or included.

30 02

Antisera; microblalvaccirxs, toxins, micro- bial cultures (including ferments but ex- cluding yeasts) and similar products.

Medicaments (including veterinary medi- 30-03

caments).

30 04/OJ

34 01/07

Soap, organic surface-active agents, sur- face-active preparations, washing pre- parations, lubricating preparations (ex- cluding preparations containing 70 per cent or more by weight of petroleum oils or of oils obtained from bituminous mine- rals), artificial waxes, prepared waxes not emulsified or containing solvents, polishing and scouring preparations, candles and similar articles, modelling pastes and dental waxes.

CHAPTER 35

Albnminoldal substances; clues

Wadding, gouze, bandages and similar articles (for example, dressing, adhesive plasters, poultices), impregnated or coated with pharmaceutical snbstances or put up in retail packing for medical or surgical purposes, steri'e surgical suture materials and other pharmaceuti- cal goods specified in Note 3 to this Chapter in schedule-] of the Customs Tariff Act, 1975.

35 01/06

CHAPTER 31

Fertilisers and allied Chemicals

31 01

The following substances and their dorl- vatles, namely, casein, albumins, gelatin (whether or not coloured or surface- worked), pee tones and other protein substances; Isinglass; hide powder; dextrins; soluble or roasted starches; glues not elsewhere specified or includod.

CHAPTER 36

Guano and other natural animal or vege- table fertilisers, whether or not mixed together, but not chemically treated.

Explosives; pyrotechnic products; Matches; Pyrophorlc alloyi;

11 -02/05

certain combustible preparations.

Mineral or chemical fertilisers, nitrogenous, phosphatic or potassic, and other ferti- lisers.

CHAPTER 32

Tannins and dyeing extracts; tannin* and their derivatives; dyes, colours, paints and varnlihcs; putty, fillers and

stopping!; Inks.

32,01 Tanning eitracis of vegetable origin.

36 01/08 Explosives including detonators and blast- ing fuses; pyrotochnic articles (for example, fireworks, railway fog signals, aroorccs, rain rockets); matches; pyro- phoric alloys and other combustible pro. ducts as specified in Note 2 to this Chap- ter in schedule of to the Customs Tariff Act, 1973.

i 2

CHAPTER 37

Photographic and Cinematographic goods

37 -01/08

Photographic platos and film, sensitised, whether or not exposed or developed; seaiitlsed paper, paper-board and cloth (including those used in X-ray, electro- cardiographic, recording and photo- copying work) whether or not exposed but not developed; cinematograph film; chemical products and flashlight mate- rials of a kind and In a form suitable for use in photography as specified in Note 2 to this Chapter in schedule 1 of the Customs Tariff Act, 1975.

CHAPTER 38

Miscellaneous Chemical Products.

38 01/19

Chemical products and preparations of the chemical or allied industries (in- cluding those consisting of mixtures of natural products), not elsewhere speci- fied or included; residual products of the chemical or allied industries, not else- where spocified or included.

1 2

SECTION vra

RAW HIDES AND SKINS, LEATHER, FU-RSKINS AND ARTICLES THEREOF; SADDLERY AND HARNESS; TRAVEL GOODS, HANDBAGS AND SIMILAR CON- TAINERS; ARTICLES OF GUT (OTHER THAN SILK-

WORM-GUT)

CHAPTER 41

Raw hides and skins (other than fursklns) and leather

41-01

Raw bides and skins (fresh, salted, dried, pickled or limed), whether or not split, including sheep skins In the wool.

41-02/10

Bovine cattle leather (including buffalo leather) and equine leather; sheep and lambsldn leather, other kinds of leather In eluding composition leather; parings and other waste of leather or of Compo- sition leather

CHAPTER 42

Articles of leatber: saddlery and harness: travel goods, handbags and similar containers: articles of animal gut (otber than silk norm gut)

SECTION-VU

ARTIFICIAL RESINS AND PLASTIC MATERIALS, CELL- ULOSE ESTERS AND ETHERS AND ARTICLES THEREOF; RUBBER, SYNTHETIC RUBBERS, FACTICE, AND ARTICLES THERE OK

CHAPTER 39

Artificial resins and plaitlc materials, cellulose esters and

ethers; articles thereof.

39-01/06

42 -01/06 Saddlery and harness, of any material: travel goods (for example; trunks and suit-cases), handbags, purses, brief cases and similar containers (but ex- cluding articles of basket-work and wicker work); other articles of leather or of Composition leather; articles made from gut or similar materials

CHAPTER 43

Funking and artificial ftirj manufactures thereof

43 -01/04 Fursldns and artificial fur and articles made

thereof.

SECTION IX

Artificial resins such as condensation; polycondensatlon, polyaddidon; poly- merisation and copolymedsatlon pro- ducts; artificial plastic materials sill- conos; natural resins modified by fusion or estertflcation such as run gums or easter gums; regenerated cellulose; chemical derivatives of cellulose; vulcanised fibre; hardened proteins; chemical derivatives of natural rubber; other high polymers (including alglnic add, Its salts and esters); linoxyn.

Articles of the materials described in Head- 39-07

ing No. 39-01/06.

CHAPTER 40

Rubber, synthetic rubber, factke and articles thereof.

40 -01/04

Raw rubber, natural or synthetic; rubber latex, natural or synthetic (Including mixtures theroof) whether or not pre- vulcanised; balata, gutta-percha and similar natural gums, tactics derived from oils; reclaimed rubber; waste and scrap of unhardened rubber.

40-05/16

Preparations (including master batches) of natural or synthetic rubber; manu- factures of natural or synthetic rubber, whether or not vulcanised or hardened, not elsewhere specified; waste and scrap of hardened rubber.

WOOD AND ARTICLES OF WOOD; WOOD CHAR- COAL; CORK AND ARTICLES OF CORK; MANU- FACTURES OF STRAW, OF ESPARTO AND OF OTHER PLAITING MATERIALS; BASKETWARE

AND WICKERWORK.

CHAPTER 44

Wood and articles of Wood; wood charcoal

44 -01/28

Wood In the rough, fuel wood, wood waste and wood charcoal; wood flour and wood wool; sawn and dreAsed timber; veneered wood, plywood, cellular wood. Improved wood and reconstituted wood; spools, bobbins and the like of turned wood; articles of wood, not elsewhere specified

•

CHAPTER 45

Cork and articles of Cork

Natural or agglomerated cork and articles 45 -01/04

thereof; waste cork

CHAPTER 46

Manufactures of straw, of esparto and or other plaiting

Materials, basketware and wickerwork

46-01/03 Articles made of plaiting materials, Inclin- ing matting, mats and screens, basket- work and wickerwork.

2

1

1 2

SECTION X

CHAPTER 50

Silk and waste silk

PAPER MAKING MATERIAL : PAPER AND PAPER BOARD AND ARTICLES THEREOF

Silk worm Cocoons suitable for reeling.

50-01

CHAPTER 47

50-02

Raw silk (not thrown).

Baper-maklng Material

50 03/07

47 01

Silk waste (including cocoons unsuitabl for reeling, silk noils and pulled or garnetted rags); silk yarn.

Pulp derived by mechanical or chemical means from any fibrous vegetable material

50-08

Silk worm gut and imitation catgut of silk.

47 -02

50 -09/10

Woven fabrics of silk including waste silk

and noil silk.

Waste paper and paperboard; scrap arti- cle of paper or of papcrboard, fit only for use in paper making.

CHAPTER 51

CHAPTER 48

Man made fibres (continuous) Paper and paperbonrd, articles of paper pulp, of paper

or of paper board

51 -01/03

48 01/21

Yarn of man-made fibres (continuous); monofil, strip (artificial straw and the like) and imitation catgut, of man-made fibre materials

51 04

Woven fabrics of man-made fibres (con- tinuous); including woven fabrics of monofll or strip of Heading No, 51 -01/03

CHAPTER 52

Metalised textiles

52 01

Metalised yarn, boing textile yarn-spun with metal or covered with metal by any process.

Paper and paper board, all sorts, whether in rolls, sheets or cut to size or shape (including cellulose waddingg, composite paper or paperboard and impregnated, coated, corrugated, embossed, perfora- ted, surface coloured or decorated, ruled or printed paper or paperboard); filter blocks, slabs and plates of paper, pulp; building board of woodpulp or vegetable fibre whether or not bonded with natural or artificial resins or similar binders; stationery made of paper or paper- board; articles not elsewhere specified, of paper, paperboard, paper pulp or celluloso wadding.

52-02

CHAPTER 49

Woven fabrics of metal thread or of metal- Used yarn, of a kind used in articles of apparel, as furnishing fabrics or the like.

Printed bo of the pt

oks, newspapers, pictures and other products •faring Industry, manuscripts, typescripts and

CHAPTER 33

plans

Wool and other animal hair

49-01

Printed books, booklets, brochures, paraph-

lets and leaflets.

53 -01/05

49'02

Newspapers, journals and periodicals,

whether or not illustrated.

Sheep's or lambs' wool and other animal hair, whether or not carded or combed, and waste of such wool or of animal hair, whether or not pulled or garnetted (in- cluding pulled or garnetted rags). 49-03

Children's picture books and painting

books

53 -06/10

Yarn of sheep's or lambs' wool, or horse-

hair or of other annimal hair.

49 -04/06

53-11/13

Woven fabrics of sheep's or lambs' wool, of horse-hair or of other animal hair.

CHAPTER 54

Flax and ramie

Music, printed or in manuscripts, whether or not bound or Illustrated; maps and charts of all kinds (including atlasses and printed globes); plans and draw- ings, for industrial, architectural, engi- neering, commercial or similar purposes, whether original or reproductions on sensitised paper; manuscripts and typescripts.

54-01/02

49 07

Flax and ramie, raw or processed but not spun; flax tow and waste and ramie noils and waste (including pulled or garnetted rags).

Flax or ramie yarn.

54 -03/04

Unused postage, revenue and similar stamps of current or new issue In India; stamp- Impressed paper; bank notes, stock, share and bond certificates and similar documents of title; cheque books.

Woven fabrics of flax or of ramie.

54 05

49-08/11

CHAPTER 55

Cotton

Transfers (De calcomanias); picture post- cards, Christmas and other picture greeting cards, calendars, printed pictures and photographs; other printed matter, Including trade catalogues and advertising material.

Cotton whether or not carded or combed;

55 -01/04

cotton Hnters and waste.

SECTION XI

Cotton yarn.

55 -05/06

Woven fabrics of cotton.

TEXTILES AND TEXTILE ARTICLES

55 -07/09

2

¹

2

fabric, other llan knitted or cructnted fteds

61 -01/11

Articles cf opp;rel ard clothing accesso- ries of textile fabric, ether thsn knitted or crt chased gicds falling withing

Chapter 60

Man-made fibres (discontinuous) and waste (including yarn waste and pulled jjurnet- tcd rags) of man-rnade fibres (continuous or discontinuous) whether or not carded or combed or otherwise prepared for spinning; continuous filament tow

Yarn of man-made fibres (dis continuous

or waste)

62-01/05

Woven fabrics of man made fibies (dis.

continuous or waste)

Other made up textile articles including travelling rugs, blankets, household linen, curtains and ether furnishing articles, sacks and bags, tarpauiins.tents and camping goods.

63-01

Hemp, jute and other vegetable textile fibres, raw or processed but not spun; tow and waste of such fibres

Yarn of hemp, of jute or of other vegetable

textile fibres; paper yarn

Clothing, clothing access lies, travelling rugs and bknkets, htupheld linen and furnishing articles (ether than articles falling wiihin Crupier 58), of textile materials, footwear rnd hcftigearof any material, showing signs cf appreciable wear and imported in bulk packings.

Woven fabrics of hemp, of jute or of other vegetable textile fibres; woven fabrics of paper yarn

63-02

Used or new rags, scrcp twine, cordage, rope and cables and wcrn out articles of twine, cordage, rtpc cr cables.

SECTION XII

Carpets, cnipeting, rugs, mats and matt-

58-01/0

ing (made up or not); tapestries

FOOTWEAR, HEADGEAR, UMBRELLAS, SUNSHADES, WHIPS, RIDING-CROPS AND PARTS THEREOF; PREPARED FEATHERS AND ARTICLES MADETHERE- WTTH; ARTIFICIAL FLOWERS; ARTICLES OF

HUMAN HAIR; FANS

58 -04/10

Pile and chenille fabrics, narrow woven fabrics and other narrow fabrics; labels, badges and the like; chenille yarn (in. chiding flock chenille yarn); gimped yarn; braids; trimmings; net fabrics; lace; embroidery

64-01/06

Footwear, all sorts, of any material except asbestos and parts thereof of any material except asbestos or metal; gaiters, spat; leggings, puttees, cricket pads, shin- guards and similar articles, parts thereof

65-01/07

Headgear and parts thereof including hair

nets

Wadding, felt, bonded fibre fabrics, similar bonded yarn fabrics, twine, coidagc, ropes and cables , and articles thereof (including nets and netting); impregnated, coated; coverd: or laminated textile fabrics elstic fabrics, wicks and textile hose piping.

66-01/03 Umbrellas and sunshades, all scrts; walk- ing sticks and the like; pails, fittings, trimmings and accessories of the fore- going'

Transmission, conveyer or elevator belts or belting, of textile material, whether or not strengthened with metal or other material; textile fabrics and textile articles, of a kind commonly used in machinery or plant.

60-01/06 Knitted or crochetted fabric, whether cr

not elastic or rubberised; undergarments and outer garments, gloves, stockings and the like, knitted or crocheied, or made of knitted or crocheted fabric

67 -01/05 Skins and other parts of birds with their feathers or down; prepared feathers and down and articles made of feathers or of down; artificial flowers; human or animal hair; worked; articles of hum-an hair; wig, and the like; and animal hair prepared for use in makidg th-em; fans (non-mechanical)

2

1

1 2

SECTION XIII

for wear by humans; ornaments and other fancy articles of lampworked glass; glass grains (ballotini).

Articles of Stone, of Plaster, of Cement, of bestos, of

Mica and of Similar Materials; Ceramic Products

70-20

Glass flbro (Including wool), yarns, fabrics, Glass and Glassware

and articlos made therefrom.

CHAPTER 68

Other articles of glass

70-21

Articles of stone, of plaster, of cement, of asbestos,

SECTION XIV

of mica and of similar materials

68 '01/16

Pearls, Precious and Semi-Precious Stones, Precious Metals, Rolled Precious Metals, and Articles thereof; Imitation Jewellery; Coin.

CHAPTER 71

Pearls, precious and seml-preclous stones, precious metals, rolled precious metals, and articlos thereof: Imitation Articlos of natural or artificial stono, of agglo- merated natural or artificial abrasives, of plastering material, of coment, of concrete, of asbestos, of asbestos-cement or cellulose fibre-cement, o r o f mica; articles of vegetable materials agglomerated with mineral bin- ders; mineral wools; expanded mineral materials; articles of other mineral subs- tances, not elsewhere specified or included.

Jewellery

CHAPTER 69

71-01

Ceramic products

Pearls unworkedor worked, but not mounted, sot or strung (except ungraded pearls tem- porarily strung for convenience of trans- port).

69'01/02

71 02

Neat-insulating bricks, blocks, tiles and other heat-insulating goods of siliceous fossil moals or of similar siliceous earths (for ox- amplo, kieselguhr, tripolite or diatomito); refractory bricks, blocks, tiles and similar refractory constructional goods.

Precious and semi-precious stones, unworked, cut or otherwise worked, but not mounted, sot or strung (except ungradod stones temporarily strung for convenience of transport).

69-03

71-03

Othor refractory goods (for example, retorts, cruciblos, muffles, nozzles, plugs, supports, cupels, tubes, pipes, sheaths and rods).

Synthetic or reconstructed precious or semi- precious stones, unworked, cut or other- wise worked, but not mounted, set or strung (except ungraded stones temporarily strung for convenience of transport).

69 -04/08

Dust and powdor of natural or synthetic

71-04

Building bricks, roofing tiles, oarth and wall tiles and other constructional goods; piping, conduits and guttering (including angles, bends and similar fittings).

precious or semi-precious stones

69 09

71-05/11

Laboratory, chemical or industrial wares; troughs, tubs and similar receptacles of a kind used in agriculture; pots, jars and simi- lar articles of a kind commonly used for the conveyance or packing of goods.

Precious metals, namoly, silver, gold and pla- tinum and othor metals of the platinum group, rolled precious metals, silver gilt and platinum platod gold or silver, unwrought, or semi-manufactured; jewellers'sweepings and other waste and scrap of precious metal.

69-10/14

Other articles including sanitary fixtures, table-

ware and domestic-ware.

71-12/15

CHAPTER 70

Glass and glassware

Jewellery.goldsmiths' and silversmiths' wares and other articles, of precious metal or rolled precious metal, and parts thereof; artteles consisting of, or Incorporating, pearls, pre- cious or semi-precious stones (natural, syn- thetic or reconstructed).

70-01/16

Imitation jewellery

71-16

CHAPTER 72

Coin

Coin

72-01

Glass and glassware, including containers for the conveyance or packing of goods, enve- lopes for electric lamps, electronic valves or the like, inncrs for vacuum flasks, articles of stationery, illuminating glassware, optical elements of glass not optically worked nor of optical glass, clock and watch glasses and bricks, tiles, slabs and similar articles of a kind commonly used in building.

70-17/18'

SECTION XV

Rase Metals and Articles of base Metal

CHAPTER 73

Laboratory, hygienic and pharmaceutical glass- ware, whother or not graduated or cali- brated; glass ampoulos; optical glass and elements of optical Rlass, other than opti- cally worked elements; blanks for corrective spectacle lenses.

Iron and steel and articles thereof 70 19;

Pig Iron, cast iron and spiegeleiscn, in pigs,

73-01

blocks, lamps and similar forms.

Ferro-alloys.

73-02

Glass beads, imitation pearls, imitatioD pre- cious and semi-precious stones, and similar fancy or decorative glasswares, and articles of glassware made therefrom; glass cubes and small glass plates, for decorative pur- poses ; artificial eyes of glass, excluding those

1 0 — G - l C C o f I & E / 76

2

2

1

1

73-26

73 '03/05

Waste and scrap metal, shot and angular grit (whether or not graded); wire pellets, iron or steel powders; sponge-iron ov steel.

Barbed iron or steelwire; twisted hood or single flat wire, barbed or not, nnd loosely twisted double wire, of kinds used for fenc- ing, of iron or steel

Puddled bars, pilings, ingots, blocks, lumps

73 '06/07

73 -27/28

Gauze, cloth, grill, netting, fencing, reinforc- ing fabric and similar materials, of iron or steelwire; oxpanded metal of Iron or steel and similar forms, blooms, billets, slabs and shoct bars (including tlnplate bars), of iron or steel pieces roughly shaped by forg- ing, of iron or steel.

73-29 73-30

Chain and parts thereof, of iron or steel Anchors and grapnels and parts thereof, of Iron or steel coils for re-rolling

73'08

iron or steel.

Universal plates of Iron or steel

73'09

73 '31

73 40

Bars and rods (including wire rod), of iron or steel, hot-rolled, forged, extruded, cold- formed or cold-finished (including preci- sion-made); hollow raining drill steel.

Nails, tacks, staples, hook- nails, corrugated nails, spiked caramps, studs, spikes and dra- wing pins, of iron or steel, whether or not with heads of other materials, but not including such articles with heads of cop- per.

73-11

73-32

Angles, shapes and sections, of iron or steel, hot rolled, forged, extruded, cold-formed ot cold-finished; sheet piling of iron or steel, whother or not drilled, punched or made from assembled elements.

Bolts and nuts (includingbolt ends and screw studs), whether or not threaded or tapped, and screws (including screw hooks and screw rings), of iron or steel; rivets, ootters, cotter-pins, washers and spring

washers, of iron of steel

Hoop and strip, of iron or steel, hot-rolled

73-12

or cold-rolled

Other articles of iron or steel

73 -33/40

Sheets and plates, of iron or steel, hot-rolled

73-13

CHAPTER 74

or cold-rolled.

Copper end articles thereof

Iron or steel wire, whether or not coated, but

73'14

not insulated

74 -01/02

Copper matte; unwrought copper (refined or not); copper waste and scrap; master alloys

73-15

Wrought bars, rods, angles, shapes and sec- Alloy steel and high carbon steel in the form mentioned in Headings Nos. 73 '06/07 to 73-14

74-03

tions, of copper; copper wire

73-16

Wrought plates, sheets, strip and foil, of

74 '04/05

copper

Copper powders and flakes

74-06

74 '07/08

Railway and tramway track construction mat- erial of iron or steel, the following : rails, check-rails, switch blades, crossings (or frogs), crossing pieces, point rods, rack rails, sleepers, fish plates, chairs, chair wedges, sole plates (base plates), rail clips, bed-plates, tics and other material speciali- sed for joining or fixing rails.

Tubes and pipes and blanks therefor, of cop- per; hollow bars of copper; tube and pipe fittings (for example, joints, elbows, sock- ets and flanges), of copper.

Tubes and pipes and blanks therfor, of Iron

73 -17/19

or steel

Other articles of copper

74 -09/19

73-20

CHAPTER 75

Tube and pipe fittings (for example, joints, elbows, unions and flanges), of iron or steel

Nickel and arrlclei thereof

73-21

75 'OIJ

Nickel mattes, nickel spesis and other inter- mediate products of nickel mataUurgy; unwrought nickel (excluding electro-plating anodes); nickel waste and scrap

Wrought bars, rods, angles, shapes and sec-

75-02

tions of nickel; nickel wire Structures and parts of structures (for example, hangers and other buildings, bridges and bridge sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, door and window frames, shutters, balu-strades, pillars and columns), of iron or steel; plates, strip, rods, angles, shapes, sections, tubes and the like, prepared for use in stru- ctures, of iron or steel

Wrought plates, sheets and strip/of nickel;

75 03

nlckol foil; nickel powders and flakes 73 -22/23

Other articles of nickel

75 -04/06

Reservoirs, tanks, vats, casks, drums, cans, boxes and similar containers for any material (other than compressed or liquefied-gas), of Iron or steel

CHAPTER 76

Containers of Iron o" steel, for compressed

73-24

or Hquefled-gas

Aluminium and articles thereof

73-25

Unwrought aluminium; aluminium waste and

76-01

scrap

Stranded wire, cables, cordage, ropes, plaited bands, slings and the like, of iron or steel wire, but excluding insulated electric cables

2

2

1

1 2

2

84-13

Furnace burners for liquid fuel (ato- misers), for pulverised solid fuel or for gas; mechanical stokers, mechanical grates, mechanical ash dischargers and similar appliances

Industrial and laboratory furnances and

84-14

ovens, non-electric

Refrigerators and refrigerating equipment

84-15

(electrical and other)

84-16

and paper rests) other than office fur- niture falling within Chapter 94; fittings for loose leaf binders, for files or for stationery books; letter clips, staples, indexing tags and similar stationery goods; statuettes and other ornaments of a kind used indoors; flexible tubing and piping; beads and spangles; bells and gongs, non-elec- tric, and parts thereof, stopper, crown corks, bottlo caps, capsules, bung covers, seals and ploros, case corner protectors and other packing accessories

Calendering and similar rolling machines (other than metal-working and metal- rolling machines and glass-working machines) and cylinders therefor

84-17

(3) Wire, rods, tubes, plates, electrodes and similar products, of base metal or of metal carbides, coated or cored with flux material, of a kind used for sold- ering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of aggallomerated basemetal powder, used for metal spraying

SECTION XVI

Maohlnery, plant and similar laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of tem- perature such as heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying.evaporat- ing, vaporising, condensing or cooling, not being machinery or plant of a kind used for domestic purposes; Instantaneous or storage water-heaters, non-electrical

MACHINERY AND MECHANICAL APPLIANCES; ELBC TRICAL EQUIPMENT; PARTS THEREOF

84-18

CHAPTER 84

Centrifuges: filtering and purifying machi- nery and apparatus (other than filter funnels, milk strainers and the like), for liquids or gases

Boilers, machinery and mechanical appli-

84-19

ances; parts thereof

84 01/02

Machinery for cleaning or drying bottles or other containers; machinery for fil- ling, closing, scaling, capsuling or label- ling bottles, cans, boxes, bags or other containers; other packing or wrapping machinery; machinery for aerating beverages; dish washing machines

84-20

Steam and other vapour generating bcilers (excluding central heating hot water boilers capable also of prcducing lew pressure steam); superheated water boilers; auxiliary plant for use with such boilers (for example, economise™, superheaters, soct remevers, grs rc- coverers and the like); condensers fc r vapour engines and power units.

84-03

Weighing machinery (excluding balances of a sensitivity of 5 centigrames or better), including weight-operated counting and checking machines; weighing machine weights of all kinds.

Producer gas and water gas generate rs, with or without puilfiers; acetylene gas generators (water process) and simijpr gas generators with or without purifiers

84-21

84 -04/05

Mechanical appliances (whether or net hand operated) for projecting, dispers- ing or spraying liquids or powders; fire extinguishers (charged or not); sprny guns and similar appliances; steam or sand blasting machines and similar jet Projecting maohines Steam engines (including mobile engines, but not steam tractcrs falling within Heading No. 87 -01 or mechanically propelled road rollers) with self-con- tained boilers; steam and other vapcur power units, not incorporating boilers

84-22

84-06

Internal combustion piston engines

84-07

Hydraulic engines and meters (inclining

watejwhcels and water turbines)

84-08

Other engines and meters

Liftingj handling, loading or unloading machinery, tel phcrs and conveyors (for example, lifts, hoists, winches, Cranes, tran porter cranes, jacks, pulley tackle belt conveyors and teleferlcs) not being maohinery falling within Heading No. 84-23

84-09

Mechanically propelled road rollers

84-23

84-10

Pumps (including motor pumps and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, bjirid and similar kinds

84-11

Excavating, levelling, tamping, boring and extracting machinery, stationary or mobile, for earth, minerals or ores (for example, mechanical shovels, coal- cutters, excavators, scrapers, levellers and bulldozers); pile-drivers: snow- ploughs, not self-propelldd (including snow-plough attachments)

84-24

Air pumps, vacuum pumps and air or gas compressors (includingmetr r ard (ujbo pumps and compressors, and free-piston generators for gas turbines); fans, blowers and the like

Agricultural and horticultural machi- nery for soil preparation or culiiva- tlon (for example, ploughs, harrows, cultivators, seed and fertiliser distri- butors); lawD and sports ground rollers 84-12

84-25

Harvesting and threshing machinery; straw andfodder presses; hay or grass Air-.conditioning machines, sclf-ccntained, comprising a motor-driven fan and ele- ments for changing the temperature and humidity of air

2

1

2

1

mowers; winnowing and similar clean- ing machines for wed, grain or leguimi- nous vegetables and egg-grading and other grading machines lor agricultural produce(other than those of a kind used in the bread grain milling industry falling within Heading No. 84-29)

Dairy machinery (including milking

84-26

mechanisms); parts andaccessories suit- able for use solely or principally with the machines of the present head- ing or with machies falling within Heading No. 84-36 or 84-37 (for example, spindles and spindlo flyers, cards cloth- ing, combs, extruding nipples, shuttles, healds and heald-Ufters and hosiery needles)

machines)

84-39

84 -27

Machinery for the manufacture or finish- ing of felt in the piece or in shapes, including felt-hat making machines and hat-making blocks

Presses, crushers and other machinery of a kind used in wine-mating, cider making, fruit juice preparation or the like

84-40

84-28

Other agricultural, horiticulturnl, pc,ul- try-kecping and bee-keeping machinery; germination plant fitted with mechanical or thermal equipment; poultry incuba- tors and brooders

84-29

Machinery of a kind used in the bread grain milling industry, and other ma- chinery (other than farm type machi ncry), for the working of cereals or dried lcguim nous vegetables

84-30

Machinery for washing, cleaning, drying, bleaching, dyeing, dressing, finishing or coating textile yarns, fabrics or made-up textile articles (including laundry and dry cleaning machinery); fabric folding, reeling or cutting machines; machines of a kind used in the manufacture of linoleum or other floor coverings for applying the paste to the base fabric or other support; machines of a type used for printing a repetitive design, repetitive words or overall colour on textiles, leather, wall-paper, wrapping paper, lino- leum or other materials, andengraved or etched plates, blocks or rollers therefor.

84-41

Sewing machines; furniture specially designed for sewing machines; sewing machine needles

84-42

Machinery, not falling within any other Reading of this Chapter, of a kind used in the following food or drink industries; bakery, confectionery, chocolate manu- facture, macaroni, ravioli or similar cereal focd manufacture, the prepara- tion of meat, fish, fruit or vegetables (in- cluding mincing or slicing machines) sugar manufacture or brewing

Machinery (other than sewing machines) for preparing, tunning or work inghides, skins or loathcr (including boot and shoe machinery)

Machinery for making or finishing cellu-

84-31

losic pulp, paper or paper-board

84-43

Book-binding machinery, including beck-

84-32

Convortors, ladles, ingot moulds and casting machines, of a kind used In metallurgy and in metal foundries

sewing machines

Rolling mills and rolls therefor

84-44

84-33

84-45

Paper or paperboard cutting machines of all kinds; other machinery for making up paper pulp, paper or paper-boajd

Machine-tools for working metal or metal carbides, not being machines falling within Heading No. 84-49 or 84-50.

84-34

84-46

Machine-cools for working stone, ceramics, concrete, asbestos-cement and like mine- ral materials or for working glass in the cold, other than machines falling within Heading No. 84-49

84-47

Machinery, apparatus and accesscrie fcr, type-founding or type-setting; machi nery, other than the machine tools of Heading No. 84-45/48, for preparing or working printing blocks, plates or cylinders; printing type, impressed flongs and matrices, printing blocks, plates and cylinders; blocks, platecyli- nders and lithographic stones, prepared for printing purposes (for example planed, grained or polished)

Other printing machinery; machinery for

Machine-tools for workjnjj wood, cork, bone, ebonite (vulcanite), hard artificial plastic materials or other hand-carving materials, other than machines falling within Heading No.84-49

84-35

uses ancillary to priming

84 -36

84-48

Machines for extruding man-made tex- tiles; machines of a kind used for proces- sing natural or man-made textile fibres; textile spinning and twisting machines- textile doubling, throwing and reeling (including weft-winding) machines

Accessories and parts suitable for use solely or principally with the machines falling within Headings Nos. 84-45 to 84-47, including work and tool holders, self-opening dieheads, dividing heads and other appli- ances for machine-tools; tool holders fcr any type of tool or machine-tool for working in the hand.

84*37

84-49

Tools for working in the hand, pneumatic or with self-contained non-electric motor

Gas-operated welding, brazing, cutting and sur-

84-50

face tempering appliances Weaving machines, knitting machines and machines for making glmped yarn, tulle, lace, embroidery, trimmings, braid or net; machines for preparing yarns for use on such machines, including warping and warp sizing machines

84-38

84-51

Typewriters, other than typewriters incorpo- rating calculating mechanisms; cheque- writing machines

Auxiliary machinery for use with ma- chines of Heading No. 84 -37 (for ex- ample, dobbies, Jncquards, automatic stop motions and shuttle changing

1

2

2

1

CHAPTER 85

84-52

Electrical machinery and equipment; parts thereof Calculating machines; accounting machines, cash registers, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device

85-01

84-53

Electrical goods of the following descriptions; generators, motors, converters, (rotary or static), transformers, rectifiers and rectifying apparatus, inductors

85-02

Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not else-wherespecified or included

84-54

Electro-magnets; permanent magnets and articles of special materials for permanent magnets, being blanks of such magnets; olectromangnetic and perma- nent magnet chucks, clamps, vices and similar work holders; electromagnetic clutches and couplings; electromagnetic- brakes; electro-magnetic lifting heads Other office machines (for example, hecto- graph or stencil duplicating machines, addressing machines, coin-sorting machines, coin-counting and wrapping machines pencil-sharpening machines, perforating, and stapling machines)

Primary cellsand primary batteries

85-03

84-55

Electric accumulator

85-04 '

Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of a kind falling within He-'idinc No. 84-51, 84'52, 84-53or 84-54,

Tools for working in the hand, with self-

85-05

contained electric motor

84-56

85 -06/07

Electro-mechanical domestic appliances with solf-containcd electric motors; shavers and hair clippers, with slelf-contajned electric motors

85-08

Machinery for sorting, screening, separating, washing, crushing, grinding or mixing earth, slone, ores or other mineral substances, in solid (including powder and paste) form; machinery for agglomerating, moulding or shaping solid mineral fuels, ceramic paste, unhardened cements, plastering materi; If or other mineral products in powder and paste form; machines for forming foundry moulds of sand

84-57

Electrical starting and ignition equipment for internal combustion engines (including ignition magnetos, magneto-dynamos, igni- tion coils, starter motors, sparking plugs and glow plugs); generators (dynamos and alternators) and cutouts for use in conjunction with such engines Glass-working machines (other than machines for working glass in thecold); machines for assembling electric filament and dis- charge lams and elctronic and similar tubes and valves

83-09

84 -58

Electrical lighting and signalling equipment and electrical wind-screen wipers, defrosters and demisters, for cycles or motor vehicles

Automatic vending machines (for example, stamp, cigarette, chocolate and food machines), not being gomes of skill or chance

85-10

84-59

Portable eledcric battery and magneto lumps, other than lamps falling within Heading No. 85-09

Machines and mechanical appliances, having individual functions, not falling within any other Heading of this chapter

85-11

34-60

Industrial and laboratory electric furnaces, ovens and induction and dielectric heat- ing equipment; electric welding, braz- ing and soldering machines and appara- tus and similar electric machines and apparatus for cutting

Moulding boxes for metal foundry; moulds of a typo usedformetal (other than ingot moulds), for metal carbides, for glass, for mineral materials (for xamplc, ceramic pastes, concrete or cement) or for rubber or artificial plastic materials

85-12

84-61

Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats und and the like, including pressure reducing valves and thermostatically controlled valves

Ball, roller or needle roller bearings

84-62

84-63

Electric Instantaneous or storage water heaters and immersion heaters; electric soil heating apparatus and electric space heating apparatus; electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters) and oloctrio smoothing irons; electro- thermic domestic appliances; electric heating resistors, other than thoso of carbon

Transmission shafts, cranks,bearing housings, plain shaft bearings, gears and gearing' including friction gears and gear-boxes and other varia ble speed gears), flywheels, pulleys and pulley blocks, clutches and shaft couplings

85-13

84-64

Electrical line telephonic and telegraphic apparatusfjncludlng such apparatus for carjipr-curjent line systems)

85-14

Microphones and stands therefor; loud- speakers ; audio-froquency electric

amplifiers

Gaskets and similar joints, of meta] sheeting combined \yith other material 1 (for example asbestos,felt and paper-board) or of lamino- ted metal foil;sets or assortments of gaskets and similar joints, dissimilar in composition, for engines, pipes, tubes and the like, put up in pouches, envelopes or similar packings

84-65

85-15

Radlotelegraphic and radiotelephonic transmission and reception apparatus; radiobroadcasting and television trans- mission and reception apparatus (includ- Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features and not falling within any other heading in this chapter

1

2

2

1

SECTION- XVIII

ing receivers incorporating sound re- corders or reproducers) and television cameras; radio navigational aid appa- ratus, raddar apparatus and radio remote control apparatus

Vehicles, Aircraft, and Parts Thereof: Vessels and Certain

Associated Transport Equipment

85-16

CHAPTER 86

Electric traffic control equipment for railways, roads or inland waterways and equipmont used for similar pur- poses in port installations or upon airfields

Railway and tramway locomotives, rolling stock, and parts thereof railway and tramway track .fixtures and fittings; traffic signalling equipment of all kinds (not elec- Electric sound or visual signalling

85-17

trically powered)

86.01/03

Rail locomotives and tenders.

apparatus (such as bells, sirens, indi- cator panels, burglar and fire alarms), other than those of Hoading No. 85-09or85-16

86 04/07

Electrical capacitors, fixed or variable

85-18

Railway and tramway coaches, vans, wagons and trucks and other rolling stock.

86-08

85-19

Containers specially designed and equipped for carriage by one or more modes of transport.

86-09

Parts of railway and tramway locomotives

and rolling-stock.

86-10

Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electri- cal circuits for example, switches, relays, fuses, lightning arrosters, surge suppressors, plugs, landholders and junction boxes); resistors, fixed or variable (including potentiomoters), other than heating resistors; printed circuits; switchboards (other than telephone switchboards) and control panels.

Railway and tramway track fixtures, and fittings ; mehanical equipment, not electrically powered for signalling to or controlling road, rail or other vehicles, ships or aircraft; parts of the foregoing fixtures, fittings or equipment.

85-20

CHAPTER 87

tier than railway or tramway rollhig-stock, und

Vehicles, otl

Electric filament lamps and electric discharge lamps (including infrared and ultra-violet lamps); arc-lamps; electri- cally ignitod photographic flashbulbs

parts thereof

85-21

87-01

Tractors (other than those falling within Heading No- 87 -07), whether or not fitted with power take offs, winches or pulleys.

87-02

Thermionic, cold cathode and photo- cathode valves and tubes (including vapour or gas filled valves and tubes, tubes, cathoderay tubes, television camera tubes and mercury arc recti- fying valves and tubes); photocells; mounted piezo-eloctric crystals; diodes, transistors and similar sorru'-conductor devices; electronic microcircuits

Motor vehicles for the transport of persons, goods or materials (including sports motor vehicles, other than i thosoof Heading No- 87-09/12)

85-22

87-03

Electrical appliances and appearatus, having individual functions, not falling within any other Heading of this Chapter

85-23

Insulated (including enamelled or ano- disod) electric wire, cable, bars, strip and the like (including Coaxial cable), whether or not fitted with connectors

Special purpose motor lorries and vans (such aa. breakdown lorries, fire-engines, fire-escapes, road sweoper lorries, snow ploughs, spraying l0rrios, crane iorries, search-light lorries, mobilo Workshops and mobile radiological units), but not including the motor vehicles of Headinu No. 87-02.

85 24

87 -04/06

Carbon brushes, arc-lamp oarbons, battery carbons, carbon electrodes and other carbon articles of a kind used for electrical purposes

Chasis fitted with engines, bodies (including cabs) and parts and accessories o f tho motor vehicles falling within Heading No. 87 -0J 87 -02 or 87 -03.

Insulators or any material

85-25

87-07

85-26

Works trucks, mechanically propelled, or tile types used In factories, warehouses, dock areas or airports for short distance transport or handlingof goods (for example platform trucks, fork-lift trucks and strad- dle earries); tractors of the types used on railway station, platforms; parts of the tho foregoing vehicles.

Insulating fittings for eloctrical machines, appliances or equipment, being fittings wholly of insulating matorial apart from any minor components of metal incor- porated during moulding solely for purposes of assembly, but not including insulators falling within Heading No- 85 -25

87.OS

Electrical conduit tubing and joints

85-27

Tanks and other armoured fighting vehicles, motoriSed, whether or not fitted with weapons, and parts of such vehicles.

therefore, of base metal lined with insu- lating material

85-28

87-09

Electrical parts of machinery and appa- ratus, not being goods falling within any of the preceding headings of this Chapter

Motor-cycles (including scooters auto- cycles and cycles fitteed with an auxiliary motor, with or without side-cars; side-cars of all kinds.

2

1

1

2

Cycles (including delivery tricycles), not

87-10

90 05/06

motoriscd

87-11

Invalid carriages, fitted with means of mecha- nical propulsion (motorised or not).

Refrating tolescope (monocular and bino- cular) prismatic or not; astronomical instrn- ments (for example, reflecting telescopes, transit instruments and equatiorial tele- scopes) and mountings therfore but not including instruments for radio-astronomy.

Parts and accessories of articles falling within

87-12

Heading No. 87-09, 87-10 or 87-11.

90 -07

Photographic cameras; photoraphic flash-

light apparatus.

87-13/14

90-08

Other vehicles (including trailers, baby carriages and invalid carriages), not mechanically propelled, and parts thereof-

Cinematographic cameras, projectors, Sound recorders and sound reproducers; any combination of these articles.

CHAPTER 88

90-09

craft and parts therof; parachutes; catapults and similar air-

Image projectors (other than cinematographic projectors); photographic (except cine- matographic) enlargers and reducers.

craft launching gear; ground flying trainers

90-10

Aircraft and parts therof.

88 -01/03

88-04/05 • Parachutes and parts thorof and accessories therto; catapults and similar aircraft launching gear ; ground flying trainers; parts of any of tho foregoing articles.

Apparatus and equipment of a kind used in photographic or cinematorgraphic labo- ratories, pot falling within any other Head- ing in this Chapter; photo-copying appara- tus (whether incorporating an optical sys- tem or of the contact-type) and thcrmo- copying apparatus; screens for projectors.

90-11/12

CHAPTER 89

Ships, bouts and floating structures

Microscopes and diffraction apparatus, elec- tron and proton; compound optical microscopes, whether or not provided with means for photographing or projecting the imago.

89-01/03

90-13

Optical appliancos and instruments, (but not including lighting appliances other than searchlights and spotlights) not falling within any other Hoading of this Chapter.

Ships, boats, vessels specially designed for towing (tugs) or pushing other vessels, and other vessels not elsewhere specified; light-vessels, fire floats, dredgers, floating cranes and other special purpose vessels; floating docks.

90-14

Ships, boats and other vessels for braking

89 04

up.

Surveying (including photogrammetrical surveying), hydrograpbic, navigational, meteorological, hydrological and geo- physical instruments; compasscss; range- finders,

89 -05

Floating structures other than vessels (for example, coffer-dams, landing stages, buoys and beacons) .

9015

Balances of sensitivity of 5 centigrams or better, with or without their weights.

90-16

SECTION XVIII

Optical, Photographic, Cinematographic, Measuring, Checking,

Precision, Medical and Surgical Instruments and Apparatus;

Clocks and Watches; Musical Instruments, Sound Recorders and

Reproducers, Television Image and Sound Recorders and Repro-

ducers, Magnetic; Parts Thereof,

Drawing, marking-out and mathematical calculating instruments, drafting machines, pantographs, slide rules, disc calculators ; and thcliko; measuring or checking instru- ments, appliances and machines, not fal- ling within any other Heading of this Chapter (for example, micrometers, calli- pers, gauges, measuring rods, balancing machines); profile projectors.

CHAPTER 90

90 .17/18

Optical, photographic, cinematographic, measuring, chocking,

precision, medical and surgical instruments and apparatus; parts thereof

90-01

Medical, dental, surgical and veterinary instruments and appliances (including clcclxomedical apparatus and ophthalmic instruments); mechano-therapy appliances,; massage apparatus; psycho- logical aptitude-testing apparatus; arti- ficial respiration, ozone therapy, oxygen therapy, aerosol therapy or similar appa- ratus ; breathing appliances (Including gas masks and similar respirators).

Lenses, prisms, mirrors and other optical elements, of any material, unmounted, other than such elements of glass not opti- cally worked; sheets or plates or polarising material-

90-19

90 -02

Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked.

90 -03/04

Orthopaedic appliances, surgical belts, trusses and the like; splints and other frac- ture applicances artificial limbs, eyes, teeth and other artificial parts of the body; hearing aids (deaf-aids) and other appliances which are worn or carried, or implanted in the body, to compensate tor a defect or disability.

90 .20

Apparatus based on the use of X-rays or on the radiations from radio-active substances Spectacles, pince-nez, lorgnetts, goggles and the like, corrective, protective or other ; frames and mountings of the above articles; and parts thereof.

2

1

2

1

98-15

Vacuum flasks and other vacuum vessels ;

CHAPTER 98

pars thereof, other than glass inners.

Miscellaneous manufactured articles

98-16

98 -01/02

Tailors' dummies and other lay figures ; animated displays of a kind used for shop window dressing.

Buttons and button moulds, studs, cuff- links and press fasteners ; slide fasteners ; blanks and parts of such articles.

SECTION XXI

98 '03/09

Works of Art, Collectors' Pieces, and Antiques

CHAPTER 99

Works of art, collectors' pieces, and antiques

99-01/03

Pens and pencils, all sorts, and parts thereof ; crayons, chalks and similar writing or draw- ing materials ; slates and boards • date, scaling or numbering stamps, and the like (including devices for printing of or embos- sing labels) ; composing sticks and printing sets incorporating such composing sticks, all hand-operated ; typewriter and similar ribbons and ink pads ; scaling wax ; copy- ing pastes with a basis of gelatin.

Paintings, drawings and pastels, executed entirely by hand ; original engravings, prints and lithographs ; original sculp- turs and statuary.

99 -04/05

98-10/11

Mechfinienl lighters and similar lighters, including chemical and electrical lighters and parts thereof, excluding flints and wicks; smoking pipes, cigar and cigarette holders and parts thereof.

98 -12/14

Postage, revenue and similar stamps (including Stamp-postmarks and franked envelopes, letter cards and the like), used, or if un- used not of current or new issue in India; collections and collector's pieces of zco: logical, botanical, mincralcEicn], anstc- mical, historical, archaeological, palecrjtc- logical, ethnographic or numismatic in- terest.

99-06

Antiques of an age exceeding one hunderd Combs, hair-slides and tho like ; corset busks and similHr supports for articles of apparel or clothing accessories ; scent and similar sprays of a kind used for toilet purposes, and mounts and heads therefor.

years.

SCHEDULE n

(see Clause 3)

OFFICERS COMPETENT TO GRANT IMPORT LICENCES

1

2

2

]

7 An Assistant Iron and Steel Controller.

1

For any goods.

and Steel and Ferro The Chief Controller of Imports and Ex- ports

8 A Deputy Assistant Iron and Steel Controller. Alloys

2

Covered by Schedule I.

A joint Chief Controller of Imports and Exports.

9

3

Controller of Imports and Exports, New Kandla, (in so far as Kandla Free Trade Zono is concerned).

A Deputy Chief Controller of Imports and Exports

10

A Controller of Imports and Exports,

4

Deputy Development Commissioner (Imports and Exports) Santa Cruz Bombay, (in so far as Santacruz Export Processing Zone is con- cerned.)

5

11

Any Officer authorised by the Central Govern- ment for any goods described in Schedule I.

For Iron

6 A Deputy Iron and Steel Controller.

Assistant Development Commissioner (Im- ports and Exports. (Santa Cruz, Bombay (In so far as) Santa Cruz Electronics Export Processing Zone, Bombay, is corjerencd.)

SCHEDULE III

(See Clause 4)

APPLICATION FEES

The following fees shall be leviable in respect of the applica-

tion for an import licence.

Amount of Fee Serial Particulars No.

(2)

(3) (1)

1

Rs. 50.

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 maxi- mum of Rs. 10.000/-

Provided that—

(1) The amount of fees payable shall be Rs. 50 irrespective of tho value of goods specified in the application, in respect of an application for import licence—

(0 by a small scale actual user for the import of raw mate-

rials, components and spares; or

(ii) by an actual user in respect of any unit in the Kandla

Free Trade Zone; or

(Hi) by a registered exporter, under the import policy for

registered exporters; or

(iv) by units located in Santa Cruz Electronics Export

Processing 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—

(/) application for the grant of subsidiary licence, or

(//) application for the grant of duplicate licence, or

(Hi) application for the grant of split-up licence :

(iv) application for obtaining duplicate copy of Income- tax Verification Certificate Registration/Exemption Number.

(3) the amount of fees payable shall be Rs, 10/- irrespective of the value of the goods specified in the application In respect of—

(f) appeal to the C.C.T. & E. against any decision by a licensing authority on an application of review. (ii) review application to the C.C.I. & E. against a decision

on an appeal.

(tii) application for transfer of R.E.P. licence made by an eligible Export House under the import-policy for Registered Exporters.

(4) The amount of fees payable shall be Rs. 50/- in respect of an application for revaJidation for extension of the period of shipment of an import licence, inrespective of the value of the licence.

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 and fire arm) If the import of the goods is required 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 estabishment for newspri nt for a value Covering a quantity of not more than 40 tons.

For the parposo 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 Govren- rnent under a separate head "Import Licence Applica- tion Fees" subordinate to the major head (104-Other General Economics Services. The treasury or bank receipt must show tho name of the Department viz.. Import and Export Trade Control Organization", and particulars of the application for the grant of im- port licence, namely, description of goods for which the licence is applied for with their value, and the li- censing period, in the oolumn; full particulars in the- Challan form T.R. 6 and must bo attached to the app- lication before submitting the same to the proper authority. The application also must contain details of the treasury receipt under which tho requisite too has been deposited,

(//) No application will bo entertained which is not accom- panied by'such proof of payment of the foe prescribed under this order.

Note—Applications for refund of Import licence application fees will be dealt with In Port Offices, within whose jurisdiction tho feo was paid. The territorial jurisdiction of the various offlooa in the Import organisation has been set out in the Import Trade Control Hand Book of Rules and Procedure 1976-77. Claims admitted for refund will bo 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

(Sea Clause 12)

1. Notification No. 23 ITC/43, dated the 1st July, 1943,

issued by the late Department of Commerce, us amended.

2. Notification No. 2-1TC/48 dated 6th March, 1948 Issued by the late Ministry of Commerce.

3. Notification No. 4-ITC/48, dated 1st May, 1948, issued by the late Ministry of Commerce.

4. Notification No. 5UTC/50, dated 15th November, 1950 issued by the late Ministry of Commerce.

5. Older 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 exercise of the powers conferred by Section 6 of the Imports and Exports (Control) Act 1947 (18 of 1947) and in supersession of the lato Ministry of Commerce and Industry Order No. 11/60 dated the 1st August, 1960 the Central Government Iwreby authorises the Joint Chief Controllers of Imports and Exports, thJ Deputy Chief Controllers of Imports and Exports, tho Customs Collectors and the Officers of Customs under the Customs Act, 1962 (32 of 1962), the Iron and Steel Controller, thoDeputy Iron and Stoel Controller and tho Superintendents of Police in tho Economic Offences Wing of the Central Bureau of Investigation, to make complaints In writing in Courts In rospect of any offenoe, punishable under Section 5 of the said Act.

P. SABANAYAGAM

Chief Controller of Imports & Exports

Govomment of India

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

NOTIFICATION (AS AMENDED)

New Dolhi, tho 10th Novombor, 1966

No. 12/66.—In oxertise of tho powers conferred by sub clause (2) of clauso 10 of the Imports (Control) Order, 1955,

i the Central Government hereby Constitutes the following auth- orities for the purposo of hearing appeals against the action take under clause 8, 8A of the said Order, namely—

(0 where the action is taken by a Joint Chief Controller of Imports and Exports or by a Doputy Chief Controller or Imports and Exports, the Chief Controller of Im- ports and Exports, New Delhi

(il) whoro the action is taken by an authority other than any authority referred to in item (i), a committee Consis- ting of the Secretary, and two Joint Secretaries and the Chief Vigilance Officer, in the Ministry of Co'mmerce, New Delhi.

A. C. BANERJEE

Joint Secy.

SCHEDULE V

(Clause 11(2) (h)

Description of Ufo saving equipment

Endotracheal tubos; Sengstaken Tubes; Safety Shunt; Plastic Trachoostony Tubo; Cardiao Catheters; Cardio-Vascular Sutures' Foggarty's Catheters for Embolectomy; Respirators with accessories as (a) Nobulisers, (b) Wrights Rospirometer, Haemodialysis machines, kill's dialysers and spare parts of both-Accessories for dialysis equipment including dialys- ing Membranes Coib and hollow fibre units; Arterial and venous lines; Shunts, teflon tips, butterfly and fistula needles' Boold ports; Infusion and blood pumps; and Catheters for arterial and venous Cannulations; Oxygenotors wiih accessories as :—(a) FiJtora, (b) Arterial, venous tubing, fc) Coronary Canulae, (d) Silastic tubes for microsurgery; Im- nlantable cardiac Pace makers with accessories; Portable inter- mittent Positivo pressure breathing apparatus with accessories; Hvdrocephalus shunts; Vascular grafts; Heart Valve prospthe- sis-Heart Lungs machine with accessories; Small portable Sumos for glv&a low infusion of anti-cancer drugs; Silver clips applying forcepts and clips for use in Neuro surgery; for long r am use intra-arterial and intravenous canulae sterile & Disposable; Instruments and implants for replacement of Hip, Knwandother joints for severely crippled and handicapped.

APPENDIX 3

Para 8 (2) of Chapter II

APPLICATION FORMS

FORM (A)

APPLICATION FORM FOR ESTABLISHED IMPORTERS

(iv) Indian Customs tariff

No

1. Name of applicant

(v) Value c.i.f. in rupees

Full Postal Address—

(vi) Country of shipment .

(0 House/Shop No. . 07) Name of street/road (iii) Name of locality . (iv) Name of State (v) Telegraphic Address

6. Where shipment is to be effe- cted from a country diffe- rent from the country in which the goods origina- ted, full statement of reasons for the same should be given . . ..

2. Registration No. allotted to Income-tax Verification Cer- tificate or Exemption there- from :—

(/) I. V. C. Registration/ Exemption number valid for the licensing period to which the application pertains

7. If licence is claimed on the basis of licence issued in the preceding period and/or quota certificate, give particulars of licence or quota certificate as be- low:—•

(H) Previous I.V.C. Regn./

(1) Licence/quota certificate

Exemption number

No. and date

(2) Description of goods

(3) Country(s) .

(4) c.i.f. value of licence/value / in basic year imports in

quota certificate .

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 dated the 7th December, 1955 as amended from time to time (Treasury receipt to be attached) . . ..

4. Licensing Period in respect of which application is made

5. Particulars of goods to be fur- nished as shown below :—

(5) In case the quota certi- ficates were issued after 1-4-1961 whether the ori- ginal imports against which quota certificate is issued were made for use in the Applicant's own factory/establishment or for stock and sale .

General information to be fur-

nished:—•

(a) Date of establishment of

business in India .

(b) Nature of the concern whether public or Private Ltd. or Partnership or prorietory or Hindu Un- divided Family concern

(c) Names of Directors, Par- tners, Proprietor, Karta as the case may be .

(0 Description : Full details should be given here or appended to application. (It is not sufficient to say chemicals, drugs and me- dicines, hardware, etc., list of sepacific chemicals, drugs and medicines etc desired to be imported should be given). In case of component or spare parts of machinery type - writers, sewing machines, radio, etc., names of parts desired to be imported should be specified.

07) Quantity : Net weight, number or any other unit as the case may be .

(d) Nature of main business of the applicant (line or lines) in which the appli- cant is engaged In busi- ness to be indicated by "major" heads e.g. an applicant engaged in the manufacture of, dealing in, cycles, radios, etc., should indicate cycles, radios etc. Clear indica- tion as to whether the

07/) Classification under I.T. C. schedule, Part & S. No. This should parti- cularly be completed (po- sition being verified in casos of doubt after refe- renoe to the I.T.C. licens- ing nuthority concerned.)

APPENDIX 3—CWrf.

applicant Is a manufac- turer, wholesaler, re- tailer sole agent, identor or Commission Agent, bo given or nny other cate- gory should bo given.

(e) Details of branches or associated companies (names and locations)—•

(i) In India .

(ti) Abroad .

(/) 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? If so givo details .

(g) Havo 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? If so give details and an affida- vit in the form prescribed in Appendix 8 to this book if the Head Offlco 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

(ft) Whether the constitution or ownership or name of tho firm has under-gone any change or whether tho firm has succeeded to any Import quota right of any other firm as a result of division of quota right of the latter. If 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)

(0 The custom House where the import licence, if granted, will be registered.

to any other penalty that the Government may impose having regard to the circumstances of the case, if it is found that any statements of facts therein are incorrect or false.

Certified that we with Hend Office at and branches at have for purpose of import of from selected as tho 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.

Certified that we possess/do not possess two quota certi- ficates for Serial No./Sub-Serial No. (to be specified) and declare that we have submittod no other application for obtaining quota liconce.

Signature

Name In block letters

Designation

Residential address

Date

(1) Applicants are advised to read the licensing instructions for the current period carefully before filling up the application form for the import licence.

(2) Information required against the various items in the forms should be given legibly and completed in all details to avoid correspondence and delay In the disposal of applications The licensing authorities havo descretion to reject an application if the same is not complete in all rospects.

(3) A separate application should be made for each article under each Part and Serial No. of I.T.C. Schedule and not one application for two or more items falling under different Ports and Serial Numbers of the schedule.

(4) Where an application is made for a licence for goods required against an order from the Director Genera] 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- TRACTS" or "RAILWAYS CONTRACTS" (as tho case may be).

(5) Documentary evidence as asked for should be sent along

with the application.

(6) Any special reason In support of the application niay if necessary, be explained In a covering letter attached to the application.

(7) Application should be signed by the 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 be clearly stated.

(8) Any applicant supplying false or Incorrect information may be liable to have his licence canoelled and in addition may be debarred from the grant of any import licence in future.

FORM (B)

FORM OP APPLICATION FOR IMPORT OP GOODS (OTHER THAN THOSE FALLING UNDER THE C, O. LICENSING PROCEDURE)

DY ACTUAL USERS WHO ARE NOT BORNE ON THE BOOKS OF THE DIRECTORATE GENERAL OF TECHNICAL DEVELOPMENT

PART I

(To be filled In by the applicant for use In the licensing Office)

A. Particulars of Applicant

Full details of the enclo- S. No. Name of tho document sures attached with the application (every copy of the documents should be marked as a true copy and signed beneath by the applicant) .

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 bagfs of the statement furnished is llablo to cancellation, in addition 1. Name of the applicant

2. Full Postal address :—

(/) House/Shop No. . (") Name of street/road

(ill) Name of locality and city

(/v) Name of State .

3. Telegraphic address .

4. Address oflocatlon of factory APPENDIX 3—Contd.

7. 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 certilfcates /established importers licen- ces may be given.

B, Particulars of applications^

1. Registration No. allotted to Income-Tax Verification Cer- tificate or Exemption there- from—

(/) I.V.C. Registration/Ex- emption number valid for the licensing period to which the application pertains

(W) Previous I. V. C. Regis- tration Exemption num- ber . . ..

2. Treasury receipt No. and date (Treasury receipt to the 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 tho document should be marked as a true copy and signed beneath by tho applicant) ,

PART II

(To be filled in by the applicant for use by the sporisti-

ing authority and the licensing authority).

1. (0 Nameoftheindustryand thepurposefor which the raw materials/compo- nents are required

00 Whether engaged in select industry or an in- duBtry other than select

(/") If engaged in a Select industry, indicate the S. No. of the industry as oiven In the list of select industries

2. Description of goods manu-

factured . . ..

C. General Information to be fur-

nished

1. Date of establishment of

business in India

2. Nature of the concern, whe- ther_Publio Company or Pri- vate Company, Partnership or Hindu undivided family concern . . ..

3. Names of Directors, Partners, Proprietor or Karta as the case may bo

4. Details of branches or asso- ciated oompaiies (name and location) . . ..

(0 In India

(II) 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 afiy 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 , dgtajls

3. Production Capacity .

4. Actual production in the pre-

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)

'{it) 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 (cl.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 Agencios

tsfote^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/allocate^

APPENDIX 3—Contd.

Licensing period

Description of goods No. mid date 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 preceding year.

12. Stocks of raw materials/ components/spares applied for, on the date of the 1st April:—

(0 Imported

07) Alternate sources ,

13. Expected arrivals of the goods applied for on the date of the commencement of the period against licen- ces in hand

14. Period for which stock and expected arrivals are to last.

15. Consumption of the import- ed material applied for dur- ing 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 another party.

(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 thai any licence granted to me/us on the basis of the statement furnished is liable to cancellation, in addition to any other penalty that (he 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 arc incorrect or false,;

Signature Name in Block Letters

Designation Residential Address

Pate

11—G>1CC of I&E/76

I. Particulars of goods recommended :

Require- ments

End use Item & 1TC Serial No.

Quantily/ Number recom- mended for

import

Value (c.i.f.) recom- mended for import

Require- ments in quantity/ No. as per installed capacity

in value (c.i.f.) as per installed capacity

(2)

(1)

(4)

(5)

(6)

0)

NOTE:- In the case of items the import of which is canalised through Public Sector Agencies, the value itemwlse 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 ofbanned indus- tries . . ..

3. (a) Whether the items recom- mended are licensable in consultation with D.G.T.D./D. C. (S.S.I.) or any other technical authority

(b) Tf so, whether the clearance from the con- cerned technical autho- rity 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 indi- genous 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 clearance from tho D.C. (S.S.I.) has been obtained before recommending the 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.SJ.) New Delhi.

*This column should be filled in only wherever necessary

in items of the import policy in force.

NOTES

(1) Applicants are advised to read the licensing instruc- tions for the current period carefully before filling up the Appication form for import Licence.

(2) Information required against tho various items in the form should be 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 Ihe application is not completed in all respects.

APPENDIX 3—Contd.

REGIONAL AREAS FOR PURPOSES OF ACTUAL

USERS¹ LICENCES

AREA 'A'

(Applications to be made to the Joint Chief Controller of Imports

and Exports Calcutta). State where factory is located.

Bihar, Orissa, Slkkim, West Bengal, Tripura, Andaman and Nicobar Islands.

A R E A ' B'

(Application to be made to the Joint Chief Controller of Imports

and Exports Bombay). State where factory is located.

Maharashtra, Madhya Pradesh,

AREA 'C

(Applications to be made to the Joint Chief Controller of Imports and Exports, Madras). State where factory is located.

Tamil Nadu,

AREA 'D'

(Applications to bo made to the Deputy Chief Controller of Imports and Exports, Ernakulam). State where factory is located.

Kerala State, union territory of Lakshadwccp.

AREA 'E'

(Applications to be made to the Joint Chief Controller of Imports and Exports, Central Licensing Area, New Delhi)—

Delhi, Hlmachal Pradesh, Punjab, Rajasthan, Haryana, Chandigarh.

ARUA 'K'

(AppJications to be made to the Deputy Chief Controller of

Imports and Exports, Bangalore}-—

Kanataka.

AREA 'L'

(Applications to be made to the Deputy Chief Controller of

Imports and Exports, Panjim, Goa)—

Goa, IDaman and Diu, Dadra and Nagar Haveli.

AREA 'M'

(Applications to be made to the Controller of Imports anil

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 GcdawFri East

and West, Visakhapatnam and Srikukulam.

AREA 'P'

(Applications to be made to the deputy Chief Controller of

Imports and Exports Ahmcdabad).

Gujarat State excluding Kutch and those districts of Gujarat

State which were formerly known as Saurashtra.

FORM B-I

FORM OF APPLICATION FOR IMPORT OF RAW MATERIALS AND COMPONENTS UNDER THE AUTO- MATIC-CUM-SUPPLEMENTARY LICENSING SCHEME

BY SMALL SCALE UNITS.

PART-1

(Applications to be made to the Controller of Imports and Exports Rajkot)—Those, districts of Gujarat State which were formerly known as Saurashtra, excluding Kutch (Licensing period April 1976—March 1977)

1. Name of applicant.

2. Full postal address:

(Applications to be made to the Controller of Imports and Exports, New Kandla)—Kutch of Gujarat State and New Kandla including Kandla Free Trade Zone.

(/) House/Shop No.

(//) Name of Street/road.

(Hi) Name of locality and city

(Applications to be made to the Controller of Imports and Exports, Visakhapatanam Andhra Pradesh districts of Goda- warl East and West, Vishakhapatnam and Srikakulam. , (tv) Name of State.

3. Address and location of factory

4. Description of goods manu-

factured,

(Applications to be made to the Controller of Imports and Exports, Pondicherry)—Former French Establishments in India.

5. If 'select* industry, furnish S. No. of the industry in the select list as in Appendix I of Red Book (Vol. 1).

I Applications to be made to the Controller of Imports and

Exports, Shillong)—

Assam. Arunachal Pradesh, Manlpur, Meghalaya, Mizoram, Nagaland,

6. Date of establishment of busi-

ness in India.

7. Nature of the concern, whether public company or Private Company, Partnership or Hindu Undivided family con- cern.

8. Names of Directors, Partners, Proprietors or Karta as the case may be.

APPENDIX )—Contd.

9. Details of branches or asso- ciated companies (name and location).

19, Ts a letter of authority desired'.' (If so, name of the firm in whose favour it is desired).

(0 In India.

(//) Abroad.

20, The customs house where the import licence, if granted, will be registered.

21, Full details of enclosure

attached. 1. T,R.

2, C.A. certificate of con- sumption of raw material and components.

10. Registration No, allotted to Income-tax verification certi- ficate or exemption therefrom. Also attach attested or photo- stat copy of IVC Regn,/ Exemption Number. (II' no current IVC number is held, the previous JVC number may be given).

3. C.A. certificate of licences/

R.Os issued for 1974-75/ 1975-76.

4, Check-sheet.

11. Treasury receipt No. and date (Treasury receipt to be attach- ed in original).

12. Registration No. allotted by

State Director of industries.

PART-11

(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.

13. Particulars of raw materials/ components to be imported:

(2) I/We hereby declare that no other application for Auto- matic licence has l^een made for the goods covered by this application.

Quantity/Number

Value (c.i.f.)

I.T.C. items S.No.

(a)

(3) I/We hereby declare that tho Registration Number quoted against item No. 14 of this application is valid and has not been cancelled and/or withdrawn or otherwise made operative.

Items, the import of which is not canalised through Public Sector Agencies.

(b) Items, the import of which is canalised through Puhlic Sector Agencies.

NOTE: The applicant should ensure that in respect of canalised items, the value item-wise is invariably indicated.

(4) I/We hereby declare that the above statements 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 tho case if it is found that any of the statements or facts therein arc incorrect or false.

Signature Name in Block

Letters

Designation

Residential 14. Particulars of A.U. & E.P. licences/release orders issued during 1974-75 or 1973-76 as the case may be. (Please fur- nish these particulars in the attached profornia duly certi- fied by Chartered Accountant or sponsoring authority).

Date: Address

(Proforma Col. 14)

STATEMENT SHOWING PARTICULARS OF ACTUAL USER LTCI NCES/Rr LEASE ORDERS AND EP LICENCES/ RELEASE ORDER OBTAINED DURING THE LICENSING

PERIOD BY M/S 15. Consumption of the imported raw materials and components during 1975-76. [Please furnish in the proforma given in Ap- pendix 2 of the Red Book (Vol. I) for April 1976-March 1977, duly certified by Char- tered Accountant or sponsor- ing authority or Cost Accoun- tant (in practice)].

]. Actual user licences/release orders obtained for the period

16. Capital investment on ma-

chinery and equipment.

1975-76

1974-75

Order

:o

Release

Licenc Release Order

Licenc

;e

No. & 17. Has assessment of capacity been approved byCCI&E? If so, indicate No. and date of the CCI&F.'s letter together with value assessed and approved.

c.i.f. value of IL

No. & date of R.O.

date of R.O.

No, & date of IL

c.i.f. value of R.O,

c.i.f. value ¹ of RO.

c.i.f. value of I.L.

No. & date of r.L.

5

7

3

4

6

2

8

l

18. Whether it is an exporting unit having exported 20% or more of its production during financial year 1975-76 or calendar year 1975 ? If so, indicate letter No, & date of the CCI&E accepting the export performance,

NOTH: In the case of small scale units, they should also indicate clearly the c.i.f. value availed under the facility of "repeat operation" as per the policy for the first half of the period 1975-76,

APPENDIX 1~ Ctmtrl.

A. I'ai tu ttlurs oj applicant

2. PARTICULARS OF LICENCFS/RELFASE ORDERS OBTAINED BY THE UNITS AGAINST THEIR OWN EXPORTS:

1 Name of the applicant

2. lull Postal Address :-—

1975-76

1974-75

A

(/) Houso/Shop No.

: Order

:nce Releasi

Lic<

Release Order

Licence

(//) Name of Street/Road.

(//V) Name of Locality

ci.f. value of

(/v) Name of State.

R.O.

ci.f. value of I.L.

c.f.f. value of I.L.

ci.f. value or R.O.

N o. & date of R.O.

No. & date of I.L.

No. & date of R.O.

3. Telegraphic address

No. A date of IX.

4. Address of location of

8

6 7

3 4 5

1

2

factory

B. Particulars regarding Indus-

trial Unit,

1. (a) Name of Ihe Industry.

NOTE:—In respect of an EP licence which had been obtained under the facility of "repeat operation" as per the policy applicable during the period 1975-76, only such EP licence which have been issued against adjustment of EP licences/release orders against the facility of "repeat operation" should be indicated.

I/We hereby declare that the information given in this statement is correct. I/We fully understand that any licence/ release order issued on the basis of this information will be liable for cancellation, without prejudice to any other action that may be taken in this behalf, if it is found that any part of the information furnished is incorrect, false or misleading.

(b) Name of Product and the exact purpose for which the raw-material is required (Preferably tho function served by the raw-material in the manufacture of tho pro- duct should be ex- plained.)

Signature of applicant

2. Description of goods manu-

factured.

Date Full address

I/We hereby certify that tho information in the statement is correct and complete. I/We have verified this from the follow- ing records :

3. Production capacity separa- tely for each store for which different raw materailte arc desired to bo imported.

4. (/) Actual Production in the last calendar year.

NOTF : If there was stoppago of

(1) (2) (3) (4)

production for any pe- riod indicate the dura- tion of the period and the reasons.

I/We also certify that the applicant unit has been main- taining proper account of consumption in the prescribed form as indicated in Appendix 19 to the Import Trade Control Hand Book of Rules and Procedure 1976-77.

Signature and Seal of Chartered Accountaat/Cost Accountant (in practice) or Sponsoring authority in the case of small scale units.

Date Full address

F O RM C

Licensing Period

(/() In tho case of the un- dertaking utilizing non- ferrous metals as raw- mate] ial indicate posi- tion of the actual pro- duction mentioned agai- nst (i) ahovo, if any, achieved through assis- tance of raw-matorials foreign exchange receiv- ed from sources other than D.G.T.D. .

Code No

5. Estimated production in the

next calendar year

FORM OF APPLICATION FOR IMPORT /OF RAW-MATERIALS, COMPONENTS AND SPARE PARTS FOR CERTAIN SPECIFIED INDUS- TRIES AS WELL AS OTHER INDUSTRIAL UNITS RIORNE ON THE LIST OF THE DIRECTORATE GENERAL OP TECHNICAL DEVF.

LOPMENT.

6. Tn the case of the industrial undertakings intending to ijo 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 articles of manufacture, mdicptc,

(0 Value of

(This application should bo submitted to the Chief Control- ler of Imports and Exports through tho Directorate General of Technical Development. Three copies should be submitted of which one will be retained by the Director General of Technical Development, one copy will be sent by the D.G.T.D. to the Economic Adviser, Ministry of Industrial Development and the third passed on to the Chief Con- troller of Imports and Exports).

Ui) Imported machinery

required

Application for a licence for import of goods (other than those falling under Capital Goods Licensing Procedure) vide Government of India, late Ministry of Commerce and Industry Order No. 17/55, dated 7th December, 1955 as amended.

(/>) Indigenous plant & machinery required.

(it) 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 com- mencement of produc- tion of an existing article of manufacture .

7. Factory No. allotted by the Directorate General of Tech- nical Development

APPENDIX 3—Co>itd,

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

(i) In India

(H) Abroad

5. Has any application been al- ready made by the applicant for tho ^oods covered by this application or any other goods for the same period in any catagory ? If so give details

C. Particulars of Application

1. Registration No. allotted to Income tax Verification Certificate or exemption therefrom :— Also attach attested or photostat copy of the IVC Regn./Exemp- tion Number

(0 I.V.C. Registration/ Exemption Number valid for the licensing period to which the applica- tion pertains

(//) Previous, I. V. C. Regis- ti ation/cxcniption Num- ber . ..

2. Treasury receipt No. and date (Treasury receipt to be attached)

3. Licensing penod 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 ofliccnces issued and imports effected during the last three years

6. Where shipment is to be e(Ycc- ted from a country different from the country in which goods originated in full state- ment of the reasons for the same shou Id be given .

7. Is a letter of authority desired,

if so, name of the firm in whose favour it is de- sired . . ..

D. Spare Parts

c.i.f. value of the spare-parts to be imported and their description

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 jjoods for the same period if so give details

7. Is any branch/Associate con- cern of applicant holding a quota certificate E.I./licen- ce for particular item/items covered by this application (If so, details of such quota certiflcates/Kstablished im- porter's licence may be given)

8. Please state whethor your industrial undertaking is registered or licensed under the Industries (Development and Regulation) Act, 1951. If so, quote the number and the date of registration corti- ficato or the licence issued by the Ministry of the Com- merce and Industry and also indicate the name of schedul- ed Industry

9. The Customs House where the import licence if granted will be registered

10. 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) .

11. Are you a member of the Indian Standard Institution

12. Name of the sponsoring Directorate in the D.G.T.D.

E. General information to be

furnished.

1. Dato of establishment of

business in Tndia

2 Nature of the concern wheth -

cr Public or Private Ltd. Partnership or Proprietory or Hindu undivided family concern

(1) I/We hereby declare that the goods for the Import of which the application has been made are not meant for uso In the manufacture of new articles for which a licence has not been obtained under Industries (Development and Regulation) ' Act 1951.

(2) 1/ We hereby declare that if this licence is granted the goods will bo utilised only for consumption as raw materials or acces- sories in our factory and that no portion thereof will be lold to or permitted to be used by any other party.

APPENDIX i—Contd.

(3) I/We hereby declare that the above statements are true and correct to the best of piy/our knowledge and belief. I/We fully understand that 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 facts therein are incorrect or false.

7. Expected arrivals (quantity) on the opening date of the import licensing policy pe- riod in which the application is being made against the licence in hand (the informa- tion should include material to be received which might have beon either in transit or ordered or yet to be order- ed against the licence in hand), . . ..

(4) I/We hereby declare that the application is made in aocor- dance with the condition laid down in the licence obtained under the Industries (Development & Regulation) Act, 1951 and that none of the items proposed to be imported by me is in contravention of any conditions imposed on me by the said licence.

Date Signature

Name in block letters Designation Residential address

NOTES

8. Quantity and c.i.f. value of imported raw materials/ components consumed dur- ling the last three financial years (Itemwise information to be furnished for each year in respect of major items consumed).

9. Quantity and value (ex-

(7) Applicants arc advised to read the licensing instructions 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 discer- tlon to reject an application if the application is not com- plete in all rospecU.

(3) Documentary evidence if asked for should be sent along

factory price) of the produc- tion of ond products during the last three financial years. (Information to be furnishod 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 nscessary).

with the application.

(4) Any special reasons in support of the application may, if necessary be explained in a covering letter attached to the application.

(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 the persons signing the application should be clearly stated.

10. Whether any application or request for enhancement of tho quantity of the same material 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. .

11. Country of shipment

(6) An applicant supplying false or incorrect information may be liable to have his licence cancelled and in addition may be debarred from the grant to any import licence in future.

12. REMARKS . . ..

Tabular form vide, col. C. 4.

Date Signature

1. Serial Mo.

Name in block Letters Designation Residential address 2. Full description of the raw materials should be given.

FORM C-I

3. I.T.C. No. and Part .

4. Quantity (Weight No. or/

other appropriate accounting unit)

FORM OF APPLICATION FOR IMPORT OF RAW MATE* RIALS AND COMPONENTS BY ACTUAL USERS OTHER THAN S- fALL SCALE UNITS (INCLUDING DGTD UNITS) UNDER AUTOMATIC LICENSING SCHEME.

PART-I (Licensing period April. '76—March '77)

1. Name of the applicant.

5. Value (c.i.f. Rs ) proforma invoice or other evidence from supplier show- ing the correct c.i.f. value of goods to be purchased.

2. Full postal address:

(0 House/Shop No.

(") Name of the Street/Road.

{ill) Name of locality.

(tv) Name of State.

6. 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.

3. Address of location of factory.

APPENDIX 3—Contd.

4. Description of goods manu-

factured.

1976—March 1977 duly certi- fied by Chartered Accountant or Cost Accountant (in practice).

5. If select industry, furnish S.No. of the industry in the select list as in Appendix I of Red Book (Vol.-I).

6. Date of establishment of busi-

ness in India.

17. Whether it is an exporting unit having exported 20 % or more of its production during financial year 1975-76 or Calendar year 1975. If so, indicate letter No. and date of the CCI&E accepting the export performance.

7. Nature of the concern, whether Public Company or Private Company, Partnership or Hindu undivided family con- cern.

18. Is a letter of authority desired 7 If so, name of the firm in whose favour it is desired.

8. Name of Directors, Partners, Proprietor or Karta as the case may be.

19. The Customs House where the import licence, if granted, will be registered.

20. Full details of tho enclosures

9. Details of branches or asso- ciated companies (name & address).

attached:—

(i) In India, (ft) Abroad,

(0 T.R. (i7) C.A, Certificate ot con- sumption of raw materials and components.

(ill) C.A. Certificate of licen- ces/release orders.

(tv) Check-sheet.

10. Registration No. allotted to Income tax verification certi- ficate or exemption therefrom. Also attach attested or photo- stat copy of the IVC Regn./ Exemption Number (If no current IVC Number is held, the previous IVC Number may be given).

(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 & Regulation) 11. Treasury Receipt No. and Date (Treasury receipt to be attached).

(2) I/We hereby declare that if this licence is granted the goods will bo utilised only for consumption as raw materials or accessories in our factory and that no portion thereof will be sold or permitted to be used by any other party.

12. Factory No. allotted by the Directorate General of Tech- nical Development/Sponsor- ing authority.

(3) I/We hereby declare that no other application for automatic licence baa been made for the goods covered by this appli- cation.

13. Registration No. allotted by DGTD/Sponsoring Authority and No. and date of Industrial Licence, if any, issued,

(4) I/We hereby declare that the above statements arc true

PART-1I

14. Particulars of raw materials/ components to be imported:—

Value (c.i.f.)

and correct to the best of my/our knowledge and belief I/We fully understand that the licence granted to me/us on the basis of the statements furnished is liable to cancel- lation, hi 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 statement or facts therein are incorrect or false,

ITC Items Quantity/Number S.No.

(a) Items, the import of which is not canalised through Public sector agencies.

(*)

(5) I/We hereby declare that the application is made in accor- dance with the condition laid down in the licence obtained under the industries (Development and Regulations) Act 1951, and that none of the items proposed to be imported' by me is in contravention of any conditions imposed on me by the said licence.

Items, the import of which is canalised through Public Sec- tor Agencies.

Signature

Name in block

NOTE: The applicant should ensure that in respect of canalised

items, the value item wise is Invariably indicated.

letters

Designation

Residential

Address

Date

15. Particulars of AU & REP licences/release orders issued during 1974-75 or 1975-76, as the case may be. (Please furnish these particulars in the attached proforma duly 'certified by Chartered Accountant)

(Proforma-Col 15)

STATEMENT SHOWING PARTICULARS OF ACTUAL USER LICENCES/RELEASE ORDERS AND REP LICENCES/ RELEASE ORDERS OBTAINED DURING THE LICENS ING PERIOD BY M/S

. . " 16. Consumption of imported raw material and components during 1975-76 (Please furnish these particulars in the pro- forma given in Appendix 2 of the Red Book,Vol. I for April,

1. Actual User licences/release orders obtained for the period.

APPENDIX 3—Contd.

1974-75

1975-76

Licence Release order

FORM (C-U SUPPLEMENTARY)

LICENSING PERIOD

Licence Release Order

c.i.f. value of l.L.

c.i.f. value of l.L.

c.i.f. value of R.O.

c.i.f. value of R.O.

No, & date of l.L.

No. & date of I.L.

No. & date of R.O.

No. & date of R,O.

1

2

3

4

8

5

6

7

NoTt:—In the case of small scale units, they should also indi- cate clearly the c.i.f. value availed of under the facility of "repeat operation" as per the policy for the first half of the period 1975-76.

2. PARTICULARS OF LICENCES/RELEASE ORDERS OBTAINED BY THE UNITS AGAINST THEIR OWN EXPORTS:

1975-76 1974-75

Release Order

CODE NO

FORM OF APPLICATION FOR IMPORT OF ADDI- TIONAL RAW-MATERIALS AND COMPONENTS FOR SELECT INDUSTRIES (SPECIFIED IN APPENDIX I OF I.T.C. POLICY VOL. I FOR 1976-77) IN RESPECT OF UNITS BORNE ON THE LIST OF THE DIRECTORATE GENERAL OF TECHNICAL DEVELOPMENT

(This application should be submitted to the Chief Cont- roller 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, one copy will be sent by the DGTD to the Economic Adviser, Ministry of Industry and Civil Supplies and third passed on the Chief Controller of Imports and Exports).

Application for import of goods (other than those falling under Capital Goods Licensing Procedure) vide Government of India, Late Ministry of Commerce and Industry Order No. 17/55, dated 7th December, 1955, as amended.

PART 1

Licence Release Order

Licence

Particulars of applicant :

c.i.f. value

of R.O.

c.i.f. value of IX.

c.i.f. value of J.L.

c.i.f. value of R.O.

No, & date of l.L.

No. & date of R.O. No. & date of R.O.

No. & date of l.L.

3

4

8

5

7

6

2

1

NOTE,—In respect of an RKP licence which had been obtained under the facility of "repeat operation" as per the policy applicable during the period 1975-76, only such REP licences which have been issued against adjustment of REP licences/release orders against the facility of "repeat operation" should he indicated.

I/We hereby declare that the information given in this state- ment is correct. I/We fully understand that any licence/re- lease order issued on the basis of this information will be liable for cancellation, without prejudice to any other action that may be taken in this behalf, if it is found that any part of the information furnished is incorrect , false or misleading,

Signature of applicant

Full address

Date

I/We hereby certify that the information in the statement

Is correct and complete . I/We have verified this from the following records

(1) (2) (3) (4)

I/We also certify that the applicant unit has been main,

aining proper account of consumption in the prescribed form as indicated in Appendix 19 to the Import Trade Control Hand Book of Rules and Procedure 1976-77.

Signature and seal of Chartered Accountant /Cost Accountant (in practice) or Sponsoring authority/ in the ease of small scale units.

Date

Full Address

1. Name of the applicant

2. Full Postal Address :

(i) House/Shop No. . (ii) Name of Street/Road . (Ill) Name of locality .

3. Address of location of factory

Particulars regarding Indus- trial Unit :

4. Description of End-products (including related end-pro- ducts) manufactured

5. If 'Select' industry, furnish S. No, of the industry in the 'Select' list as in Appendix I of the Red Book (Vol. I)

6. Date of establishment of

business in India

7. Nature of the concern whe- ther Public or Private Ltd., Partnership or Proprietary or Hindu undivided family concern

8. Names of Directors, Part- ners, Proprietor orKartaas the case may be

9. Details of branches or asso- ciated companies (names and location)

(/) In India (il) Abroad

10. Registration No. allotted to Income-tax verification Certi- ficate or exemption there- from. Also attach attested or photostat copy of the I.V. C. Rcgn./Exemption Num- ber (If the current IVC Num- ber is not held quote the pre- vious Number) .

11. Treasury Receipt No. and Date (Treasury receipt to be attached),

PART I—SEC. 11 THE^GAZETTEpF INDtAlEXTRAORDINARY 396/16$

12. Factory No. allotted by the Directorate General of Technical Development.

13. Please state whether your in- dustrial undertaking is regis- tered or licensed under the Industries (Development and Regulation) Act, 1951. If so, quote the number & the date of registration certificate or the licence issued by the Gov- ernment of India and also indicate the name of schedule industry.

PART-1I

14. Particulars of raw materials to be imported (To be fur- nished in tabular form below):

(0 Serial No.

(") Full description of the raw materials should be given.

(tfi) ITC No. and Part.

(/V) Quantity (Weight No. or/other appropriate ac- counting unit)

(?) Value (c.i.f.)

(w) Stocks of imported raw materials (Quantity and cif value) held by the applicant on the date of the import application whether in his owu godowns, lying with the Banks under the Produce Loans account or any- where else.

(vll) Expected arrivals of im- ported raw materials (Quantity and cif value) on the date of the import application, against the licences in hand (the information should include material to bo received which might have been either in tran- sit or ordered or yet to be ordered against the lic- ences in hand).

(viit) REMARKS :

J5. Total cif value of import licences/release orders issued and cif value of goods im- ported during the last three years.

16. Whether exporting unit hav- ing exported 20% or more of its production during financial year 1975-76 or calendar year 1975. If so, indicate letter No. and Date of the CCT&E accepting the export perfor- mance.

17. Is a letter of authority desir- ed 7 If so name of the firm in whose favour it is desired.

APPFND1X 3~Contd.

18. The Customs House where the import licence if granted will be registered.

19. Production capacity for each

end-product.

20. Actual Production in terms of quantity and book value thereof for each product, in the last three fiscal years.

NOTE : If there was stoppage of production for any period

indicate the duration of the period and the reasons.

21. In the case of the undertaking utilizing imported raw mate- rials indicate position of the actual production mentioned against (20) above, if any, achieved through assistance of raw materials, foreign ex- change received from sources other than DGTD.

22. Production programme sepa- rately for each product for the years current and next year.

NOTE : Production programme should be spelt out Item-wise giving quantity and value against each item (A detailed justification of the production programme envisaged to be given alongwitn full particulars of orders in hand and separate data for orders under negotiation).

23. 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).

24. Name of the sponsoring Di- rectorate in the D.G.T.D.

(1) I/We hereby declare that no other application for supplementary licence has been made for the goods covered by this application.

(2) I/We hereby declare that the goods for the import of which the application has boon made are not meant for use in the manufacture of new articles for which a licence has not been obtained under Industries (Deve- lopment and Regulation) Act, 1951.

(3) 1/Wc hereby declare that if this licence is g/anted, 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.

(4) I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and be- lief. I/We fully understand that 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 or any other action that may be taken, having regard to the circumstances of the case if it is found that any of the statement or facts therein are incorrect or false.

Signature

Name in Block letters

Date :

Designation

Residential Address

APPENDIX l—Contd.

NOTE

2-2. Whether the underta- king is registered under the MRTP Act.

1. Applicants aro advised to read the licensing instruction for the current period carefully before filling up the application form for import licence.

2 -3. In case of Limited com- panies, details of capi- tal structure;

2. The information required against the various items, in the form 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 application is not complete in all respects.

3. Documentary evidence if asked for should be sent along-

(i) Capital structure . (it) Authorised issued and subscribed capi- tal .

with the application.

4. Any special reasons in support of the application may, if necessary be explained in a covering letter attached to the application.

(IIY) Foreign sharehold- ing, if any, and percentage thereof with fUll particu- lars . . ..

2 -4. Names and addresses of the proprictors/part- ners/Dircctors .

5. Application should be signed by the Proprietor, Partner or Managing Director of the firm or by any person duly autho- rised to sign legal declaration on behalf of the firm. The posi- tion held by the persons signing the application should be clearly stated.

3. PARTICULARS OF THE INDUSTRIAL UNIT

3 -1. Name and location of

6. An applicant supplying incorrect information may be liable to have his licence cancelled and in addition may be de- barred from the grant of any import licence in future.

the unit

7. Seven copies of lists of raw materials and components may be sent as enclosures (in respect of Engineering Industries where lists of raw materials included in Automatic licence is intended to be substituted by a revised list, seven copies of revised list alongwith full justification may be furnished).

3 -2. Whother an industrial licence or a letter of in- tent hus been issued under the Industries (Develop- ment and Regulation) Act, 1951

8. A copy of the application on form C-l submitted directly to CCJ&E for grant of AUTOMATIC LICENCE together with the enclosures including Chartered Accountant's certificate should be sent as enclosures,

FORM D

APPLICATION FORM FOR NEW COMERS

Deleted

FORM ' £' (CG)

3 -3 If exempt from licens- ing, furnish details of re- gistration No. and date with State Director of In- dustries /DGTD/Textile Commissioner/Jute Com- mlssionor/Iron and Steel Controller/other Spon- soring authority

IMPORT LICENCE APPLICATION FOR CAPITAL GOODS AND HEAVY ELECTRICAL PLANT

(Four copies to bo submitted)

3 -4. If the applicant is a t,ma!l scale unit, whether it will continue to remain so after the proposed im- port . . ..

Part I

NOTE

3'5. Whether approval/licen- ce granted by the Go- vernment and^or the foreign collaboration approval contain any condition of export ? If so, furnish details.

I¹ Applicants arc advised to read the licensing instructions for the current period as mentioned in Chapter VI of Import Trade Control Hand Book of Rules & Procedure, before filling up the application form. The application should be legible and complete In all respects to avoid correspon- donec/delay atK* rejection.

2. The application should be signed by the authorised repre-

3-6. Whether foreign colla- boration, financial and/ or technical is involved and, if so, whether it has been approved

sentative of the company,

3 -1. Manufacturing capacity

per annum;

3. Documentary evidence and supporting documents as asked

for and applicable must accompany this application.

Items of manufacture Licensed

1. PARTICULARS OF APPLICANT

capacity (existing)

Licensed capacity (approved)

1 -1. Name . . .. 1 -2. Registered Address . 1 -3. Postal address for cor-

respondence

Capacity covered by the CO application on maxi- mum utili- sation.

1 -4. Sponsoring Authority 1 -5. Administrative Minis-

try

2. NATURE OF CONCERN

2-1. Proprietory/partnership/

3'8 . Whether the article pro- posed to be manufactur- ed aro being imported. If so, furnish if possible the average value of imports (c.Lf.)

private Ltd./publio Ltd.

APPENDIX l—Contd.

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 nwchineiy

Existing Proposed

Land and building . Machinery Total . . ..

4 •!. Value of imported plant

and equipment Existing . . .. Proposed

Total

4 -3. Docs the value of equip- ment proposed to be im- ported exceed the esti- mated value of imported equipment as indicated in the application for Letter 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 MAIERfALS/

COMPONENTS

5-1. Requirement of impor- ted raw materials per annum for th: capa- city covered by this application. . ,

Item Qty. Estimated

Value (cif) Total Rs.

itnpor- per

5 -2. Requirements of ted components annum for 5 yoars

Item Qty, value (cif)

* *

• •

1st Year 2nd yoar 3rd year 4th year 5th year

•

6. PURPOSE OF IMPORT

6-1. Whether the capital goods applied for are for the purpose of :

(0 New undertaking

(//) New articlo diver-

sification . ,

(iv) balancing

(v) Replacement

(W) Modernisation

(vli) Testing .

(vlH) Quality Control

(ix) Prototype for

manufacture

(x) (Research and

Development

6-2. If the Import is for balancing/replacement modernisation whether it will result In an in- crease to licensed, approved capacity,

6'3. In case of import of machines for rep- lacement . . ..

(0 Date of installation of original machi- nes . ..

(") Arrangements for the disposal of old machines ,

7. MANNER OF FINANCING IMPORTS

7 1. Foreign equity. If so furnish full details of linancial participation approved, amount utilised and the balance available.

7 -2. Investment by non-resi- dent Indian Nationals.

7 -3. Suppliers credit

7 -A. Private foreign exchange loan . . ..

7 -5. Borrowing from IFC

TCICI/state financial Corporations .

8. DETAILS OF CAPITAL GOODS APPLIED FOR

8-1. Whether it is machinery, machine tools or heavy electrical plant .

8 '2. Description 1TC No. Quantity fob value Country in Rs. of origin

total fob value. Rs.

t -3. Value of initial spares

(fobRs.)

fl 4. Estimated freight (Rs.)

3 -5. Insurance (Rs.)

8 -6. (0 Total ci.f. value

(8-2+8-3+8-4+8-5) in Rs. .

(H) In Foreign Exchange

APPENDIX 3—Contd.

(Hi) Rate of exchange used in conver- sion of Rs. into foreign exchange

8 -7. Agents Commission or procurement fee if any payable in foreign exchange

8 -8. Condition of machi- nery whether new, secondhand or recon- ditioned

8 -9. Details of connected import CG licences already received/applied for ; licences No. ; Date ; Value ; source of financial : sources of Import

8-10. Whether any further im- ports of capital goods are envisaged for the project in addition to the items covered in the present appli- cation . . ..

9 SPECIFIC INFORMATION ON IMPORT LICENCES TO BE ISSUED

9-1. Port of Registration for Clearance of goods .

9 -2. Validity period required for the import licence

9 -3. Endorsement to avail of concessional rate of duty under ICT-72-A as project Imports required .

10 DETAILS OF SUPPORTING DOCUMENTS INFORMATION

10-1. Original Treasury Rece-

ipt/Bank Certificate a Enclosed No Date Value Rs

10 -2. Photostat attested copy

of IVC Registration/ Exemption Certificate i=> Enclosed No Date Valid upto ..

10-1 Photostat/attested copy a Enclosed

of Industrial Licence/ Letter of intent, Regis- tration Certificate from Sponsoring authority,

10 4. Proforma Invoice/other a Enclosed

documentary evidence in duplicate in support of goods indicating date of invoice and its validity

10 -5. Copies of Literature/ a Enclosed

pamphlets/Specifications . giving complete details a Not applicable of goods to be imported ,

10-6. Copy of each advertise-

ment in ITJ/ESB . . <= Enclosed Volume Date

10 •?. Tabular statement of o Enclosed

Responses received against advertisement/en- quiries

10-8. Original Certificate, from a Enclosed

Small Industries Services Institute, certifying cs- t=> Not applicable sentiality for replace- ment of machinery In case of Small Scale In- dustries only .

10-9. Chartered Engineer's a Enclosed

Certificate, in original a Not applicable regarding present condi- tion of Machinery/Equip- ment to be replaced

10 -10. If second hand/rccondi- a Enclosed

tionod machinery is to bo imported a certificate cer- tifying machinery's age, present condition, original and present value and pro- bable unexpired life from the chartered engineer,

10-11. Photostat/attested copy a Enclosed

of Registration certificates in case of Rosearch and <=> Not applicable Development institute/ Laboratory registered with the Administrative Ministry

10-12. Proforma regarding im- c=> Enclosed

port of prototype as per Appendix-32 of 1TC a Not applicable Hand Book 1976-77.

10-13. Copies of correspon- a Enclosed

dence, if any, regarding efforts made to import machinery from Rupee Payment Area.

10-14. Attested Photostat copies ra Enclosed

of enquiries made to foreign suppliers and ^ Not applicable their replies where efforts have been made to obtain Blue Prints/Drawing of oquipments of machinery sought to be imported

]0'15. Documentary evidence showing Government approval for . • •

(/) Foreign Collabora- a Enclosed

tion • . . a Not applicable

(i7) Copy of Reserve a Enclosed

Bank of India Certi- ficate regarding ba- <=) Not applicable lance available against foreign equity capital in cash "

10 16. (i) Attested/Photostat c=> Enclosed

copy of terms a Not applicable conditions of private credit arranged "

(i7) Statement showing a Enclosed

countries of import preferences in case <=> Not applicable of Bilateral/Free Foreign Exchange .

APPENDIX 3—Contd.

submitted against your ex- port performance, please give details thereof

(1) I/We rereby declare that the above statements are true

and correct to the best of my/our knowledge and belief.

'E' (CG) FORM APPLICATION (PART II) (To be submitted in quadruplicate along with four copies of application in 'E' (CG) Form lor import ol Capital Goods by exporter-manufacturers— vide paragraph 145—of Chapter VI of the 1TC (Handbook of Rules and Procedure)

1. Name and full address of the

exporter/manufacturer ,

(2) 1/Wc hereby declare that the goods for import of which the application has been made shall be used only for the manu- (Name of products) facture of and for the capacity licensed under the Industries (Develop- ment and Regulation) Act, 1951 or approved by Government. 2. Nomenclature of products manufactured indicating the products being exported

Signature Name in Block Letters Designation

Date

FORM 'F

APPLICATION FOR ESTABLISHMENT OF QUOTAS OR

REVISION OF QUOTAS 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)

1. Name of the firm

Full Postal Address :

(/) House/Shop No. .

(//) Name of Street/Road .

(Hi) Name of Locality .

(iv) Name of State

2. Description of goods .

4. Quantity and f.o.b. value of export product-wise for the period as at (3) above (including also the countries to which cxporte.¹, A state- ment of export in terms of quantity and f.o.b. value made certified by the con- cerned Export ' Promotion Council/Commodity Boards should be enclosed)

3. Serial No. and Part of the

I.T.C. Schedule .

r

5. Increase In future exports as a result of the Installation of capital goods sought for im- port over the noxt five years both in terms of qviantity and valuo . . ..

6. Whether any export obliga- tion was Imposed in the letter of Intent or industrial licence ; if so, furnish details , ,

4. Quota certificate No. and date held on any one or both the currency Areas, e.g. S.CA. and G.CA. (Quota certificate sought to bo revised to be enclosed). Tf 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. Basic value Year Currency Area

7. Whether present applica- tion is connected with any foreign collaboratior, if so whether any export obli- gation was imposed in the Foreign Collaboration appro- val

3. Whether you have any un- fulfilled export obligation, if so, details should bo fur- nished . . ..

5. If no quota certificate is held or if the old quota certificate is sought

9. Whether you are prepared to undertake an export obli- gation, if so, the extent of such obligafion in terms of the percentage and vnkic of production . . ..

6. General infoimation to be

furnished :

(a) Date of establishment

of business in India

(b) Nature of the concern, whether Public or Pri- vate Ltd., or Partner- ship or Proprietary or Hindu Undivided fa- mily concern

]0. Whether you have made any application to DGTD/CCI &E/Offlce of Development Commissioner Small Scale Industries etc. for import of Capital Goods during the 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 import of capital goods hag been

(<•) Name of the Director, Partners, Proprietors or Karta .

(if) Details of branches 01 associated companies in India (namos und location). Furnish name of the Bank in which you have a Bank account together with the number of accounts if any . . ..

(e) Has any application been made by the appli- cant for fixation of quota for goods falling under the samo Serial No. or sub-item of Serial No. If so give details, basic year cho- sen and lotter No. and date Containing the decision of the autlio- rity to whom tho appli- cation was made with tho same set of docu- ments .

(/) Have any branches or associated companies mentioned in (d) or any of the gentlemen named in (c) applied for fixation of quota for goods falling under the same Serial No. or sub-item of the Serial No. If so, g'vc de- tails and the basic year chosen. Also declare that a common basic year has been chosen.

(g) Whether the firm or its branches or its as- sociated concerns are in receipt of any lm- port licence for the same or similar Items as actual users and if so particulars of such licences should be fur- nished

APPENDIX 3~Contd.

(A) Mention the changes in the constitution/name of the concern since inception or 1st April 1951 whichever is later in tho statement below.

Date of change Brief nature of No. and date of change communication

sanctioning transfer of quota

7. Reasons to prove the neces- sity for establishment or refixation of quota (if neces- sary this information may be given in a separate state- ment).

S, No. Nature of the

documents.

8. Full details of the enclosures attached with the applica- tion (Every copy of the documents should be marked as a true copy and signed beneath by the applicant)

(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 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 to the circumstances of the case if it Is found that any or the statement of facts therein are in- correct or false.

(ii) I/We possess/do not possess two quota certificate for Serial number/sub-serial number (to be specified) and declare that I/We have submitted no other application for obtaining quota certificate for the sume serial Number/Sub- Serial numner previously.

Station Signature

Date Name In Block Letters...

Designation

Residential Address

APPENDIX 3—Contd.

ANNEXURE TO THE APPLICATION FOR ESTABLISHMENT OF FRESH

QUOTAS OR REVISION OF QUOTAS

STATEMENT OF PREVIOUS IMPORTS

c.i.f. value of

Particulars of Bills of Entry

Detailed descri-

ption of goods

Country whence consigned as

the items

No. and daw etc.

Name of Stea- mer by which imported and

applied for as

shown in the

(/) Bill of Entry Cash No. and (duty paid)

shown in the

the port of Entry

as shown In the Bills of Entry imported

data In respect of Home Consump- tion Bill of Entry

invoice and accepted by the

(//) I.D.F. No. and date In the case of

duty free articles.

customs (Rupees)

Bill of Entry or place of des- patch in respect of Imports by post

Detailed Parti- culars of re- levant licence against which imports were effected Cate- gory of licence No. and date value Sr. No. EI/Ad-hoc etc. (///) Bond No. and date in respect of bon- ded goods (ex-bond green bills of entry not to be taken into account), (v) Post parcel 'B' No. and date of im-

portation.

(a)

(b)

No. of documents Date of importation

1 2

3

4

6

5

7

I/Wo solemnly declare the above statement to be true and correct to the best of my/our knowledge and that it does not include

imports specified at items (a) to (t) of the note below and the imports short landed short supplied or lost in transit.

Signature

Name in Block Letters

Designation

Residential Address ,, , .,

t

APPENDIX 3—Contd.

NOTES

2. Licence No. date & value

(a) Imports made in contravention of Ihe Import Trade

Control Rules and Regulation¹;.

3. File No. of the licensing autho- rity from which the licence was issued . . ..

(b) Imports made without a valid licence and cleared under

a warning.

4. Description of goods .

(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 such excess will not qualify for quota fixation.

5. Value for which goods have been shipped during the initial period of validity including period of revalidation already availed of, if any .

(d) Imports made by the applicant under a letter of authority authorising him to import goods against a licence granted to another party.

(e) Imports made under licence panted against the orders

of the late D. G. (I & S.) (now D. G. S, & D.) or of the iftate Railways or of Defence Organisation.

6. Value for which irrevocable commitment has been made during the initial period of vali- dity including period of rcvali- datlon already availed of, if any, (Supporting documentary evidence should be furnished).

(/) Imports made under licences granted to actual users in respect of raw materials or accessories or other articles.

7. Whether first or second or subsequent request for revali- dation (in the case of second or subsequent requests, the period of revalidation availed of earlier should be indicated) ]

(g) Imports made under ad hoc licences (other than those ad hoc licences which wore 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. Q. or not.

8. Reasons for seeking revalida- tion (supporting documents to be furnished)

9. Period of revalidation applied

for

(A) Imports against C. G. & H. E. P. licences by actual users or other imports against orders from actual users. However, imports made against C.G. & H.E.P. licences for stock and sale purposes will be taken Into account for purposes of calculation of quota only in respect of S. No. 36/11 S. No. 4/ITI and S. No. 65/V of the old I X C. Schedule.

10. List of enclosures .

(f) Imports of goods of no commercial value made under

O.G.L. TV.

(y) Imports made against licences granted under the ox- port promotion schemes, avocation schemes or under the import policy for registered exporters.

{k) Imports made against "replacement licences."

(/) Imports of casual nature e.g. imports for personal use

or imports as samples.

(Signature with full name)

(m) Imports of equipments against licences issued under the

Designation

Irrigation Projects Licensing Scheme.

Relationship

Full address

(w) Imports made under licences issued through inadver- tance or mistake or contrary to rules or provisions of Imports (Control) Order, 1935, or obtained by fraud or misrepresentation, subsequently detected.

Place

Date

(o) Imports made by an actual user under O.G.L. or other- wise of goodi which were used by the actual user in his own factory/establishment.

(p) Licences issued against specific orders from actual users.

(a) Goods which are not cleared for home consumption.

(r) Imports made against licences issued under National

Defence Remittance Scheme.

PART B

(s) Imports? made under the concession of interchange-

ability provided to established Importers or others.

Action in the Licensing Office.

(t) Any other imports which do not qualify for quota under

FORM 'H'

import policy in force.

Transferred to Appendix 4

Form 'G'

FORM I

FORM OF APPLICATION FOR REVALUATION OF

LICENCES

Application form for Established Importers PART A

(Repeat Licensing Schemes)

1. Name and full address of the licensee . . ..

Deleted.

APPENDIX 3—Contd.

FORM (J)

Form of application for Import of Newsprint for publishing News-

papers! Periodicals.

PART I

13. Has any application been already made by the appli- cant lor the goods coveied by this application or for any other goods for the same period in any category If so, give details.

(To be submitted in duplicate)

(To be filled in by the applicant for use in the licensing Office)

A. Particulars of the npplicant

1. Name of the applicant

2. Full Postal Address-

14. Have any branches or asso- ciate companies mentioned in (12) or any of gentlemen named in (11) applied for an import licence for import of goods covered by this application or for any goods lor the same period if so give details.

tO House/Shop No. .

(iV) Name of Street/Road

(Hi) 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 be 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

(/) I. V. C. Registration/ Exemption number valid for the licencing period to which the application pertains

(H) Previous T.V.C. Registra-

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)

tion/Exemption number

5. Treasury receipt No. and date (Treasury receipt to be attached in original)

6. Licensing period in respect of

PARTU

which application is made

(To be filled in by the applicant for use by the sponsoring

authority)

7. (a) Country from which the goods arc sought to be imported.

18. (a) Title of the newspaper/

periodical.

(ft) Language

(c) Periodicity

(h) Where shipment is to bo effected from a country different from the coun- try in which the goods originated, full statement of reasons for the same should be given.

(d) Place of publication (e) Nature of contents (classi- fication) . . ..

8. Is a letter of authority desired ? If so, name of the firm in whose favour it is desired.

C. General information to be furnished,

19. (a) Date from which the newspaper/periodical Is rcgulalry published

9. Date of establishment of

business in India.

(ft) Whether it is registered

with the R.N.I. .

(0 If so, registration number allotted,

10. Nature of the concern, whether Public Company or Private Company , Partnership or Hindu Undivided Family concern . . ..

(//) If not, the date on which declaration was filed/ accepted by District Magistrate etc.

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) . . ..

(c) Date of filing of latest declaration in case a fresh declaration was filed/ accepted by District Magistrate.

(0 In India

(J) Reasons for filling the

(//) Abroad . . ..

latest declaration.

12—G—1 CC of I & E/76

APPENDIX 3—contd.

20. Name and other particulars of news ptipers/poriodicals

owned by tho applicant :— *

(2) Name of printing pross (with full postal address) where news- paper periodical printed .

Title of paper

Place of

Publication

Language and

Periodicity

(3) Whothor the printing press is owned by the newspaper periodi- cal

Whether

getting

newsprint

through Govt.

4

3

2

1

0)

(2)

(3)

(4)

21. (I) Particulars of circulation etc. per publishing day during

tho previous licensing period ;—

(a) Average number of copies

printed

(6) Average number of copies

sold

(c) Averago 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, pago area and number of publishing days during tho previous licensing year may be given in the form appended as Schedule to this form)

22. Sample copy of the issue bearing tho date of 1st, April of the current yoar or the date nearest to it should be sent along with this application,

23. (1) The total quantity of newsprint allotted and con-

sumed during tho previous licensing period :•—

Quantity allotted Quantity consumed

(intonnos)

(in tonnes)

Imported Indigenous Total Imported Indigenous Total

(2) In case more newsprint than what had been aUottod for the period was consumed, the sourco(s) from which tho addi- tional quantities were procured should bo indicated .

24. Details of printing machinery :

1) Type of printing machinery used (Rotary, Flat bed, letter pross.etc.) ,

(4) Size of reols sheets used for the

newspaper periodical

25, Particulars of circulation etc. on which newsprint is required

for the current licensing Period :—

(1) Average circulation expectod to bo achieved during tho current licensing year

(a) Avorage number of copios

proposed to be printed

(Z>) Averaga number of copios expected to bo sold. .

(2) Average number of pages pro- posed to bo printed during the curront licensing year

(3) Avorage area of one page of nowspaper periodical (in square contimotres) . . ..

(4) No. of issues proposed to be brought out during the current liconsing year . . ..

26. Particulars of nowsprint to be imported.

Value (ci.f.) Item and I.T.C.S. Quantity in tonnes

(in Rs.) No.

1

27. Last licensing year in which application for import of

newsprint was mado.

28. Particulars of licences issued and Imports offoctod during the last throe periods, (if no licence was issued during the last three periods particulars of tho last licence issued and imports eftbetod against it.)

Licensing Poriod

Doscription of goods im- No. and date and value of licence

Value (ci.f.) of importod goods

ported

29. Stocks

Expected arrivals against Licences, c.I.f. allocations Nepa Printing & Writing paper authorisation

Against Against Against Against Total previous curront previous curront licensing year quota, licensing year ex- year's if any. ontitlo- pected entltlo- entitlemont ment ment

(f) Importod : (a) Glazed (6) Unglazed

(ii) Nepa nowsprint

("/) Printing & Writing paper.

30. Period for which stock and expected arrivals are to last . . ..

APPENDIX 3—Contd.

31. Consumption of the imported nows-

print during the 12 months

Item Quantity Value

1. I/We horeby declare that if this liconce is granted the goods will be utilised only for printing of the Newspapors/perlodi- cals for which the samo is applied for and no portion there- of will be sold or permitted to be used for any other newspapor(s) or for any other purpose

2. T/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 licenco granted to me/us on tho basis of tho statement furnished is liable to cancella- tion, in addition to any other ponalty that the Govern- ment may impose or any other action that miiy bo taken having regard to the clrcumstancos of the case if it is found that any of the statoments of facts therein are incorrect or false.

Signature

Date: Name in block Lottcrs "

Designation

Residential Address

APPENDIX 3—Cnmd.

S c h e d u le

Statement giving month-wise 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

Juno

Nov.

Jan. Feb.

May

Apr.

July Aug-

Dec,

Sept.

March

Oct.

Title of paper Place of publication

Average for the period from 1-4- to 31-3-

6

4

7

9

12 1

5

8

10 11

2 3

14

13

(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 inclu- ded i n (b) & (c) .

(e) Average size of one page of the news- p.ipjr/piriodisal (in sq. centimeters)

(f) Average number of pages of the news- paper/periodical 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 previous 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).

( A d d r e s s)

for the period from 1-4-19.. to 31-3-19.. and have obtained all the information and explanation reqtiied by us. In my/our opinion the statement set forth above reflects true and correct analysis of circulation, pages size and number of publishing days for the period from 1-4-19.. to 31-3-19., to the best of my/our information and belief and according to the explanation given to me/us shewn by tine books of account etc.

Signature

Date

Name in Block Letters

Stamp of the Chartered Accountant

Chartered Accountant Registration No

Address

APPENDIX l—Contd.

Form 'K'

FORM OF APPLICATION FOR PUBLIC SECTOR PRO- JECTS/UNDERTAKINGS i.e. IRRIGATION AND POWER PROJECTS/ST&E ELECTRICITY BQft&DS/ UNDER- TAKINGS FOR IMPORT OF (i) MAINTENANCE OPERA- TIONAL ITEMS OF SPARES & STORES & (n) RAW MATERIALS, COMPONENTS AND MAJOR ASSEM- BLIES :

Note: All the columns should be filled by the applicant care- fully and no column should be left blank.

1. (i) Name of the project & undertakings ] .

(") Name and Postal Ad- dress of the applicant .

(iff) Telegraphic Address of

the applicant

(iv) Address and location of the Project/Under- taking

2. (0 Particulars regarding

the unit:

(i'O The purpose for which the goods are required.

3. Treasury 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

8. The amount of Indian Agents' commission includ- ed in the CI.F. value

9. Country of import (where shipment is to be effected from the 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)

•Miam. House where

(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 that the above ifU feMti. and correct to the best of my/our knowledge and beliel. 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 b" appended by the applicant at the end of 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 intime and non- receipt of acceptable offers will be sufficient ground for certifying indigenous non-availablity by the project authorities).

FORM L

IMPORT APPLICATION FOR 'EMERGENCY¹ SPARE

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. allot- ted to income tax Veri- fication or Exemption therefrom .

3. Description of the machinery for which spares are required and c.i.f. value of spares to be imported.

4. Country from which spares applied for are to be imported.

5. Country from which the original equipment 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 indicate 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 licensing 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 associated companies (name and location)— .

(0 In India .

(") Abroad .

7. Is a letter of authority ^esired? If so, name of tta^^^^^^^vbose favour APPENDIX l—Contd.

of the statement furnished is liable to concellation, ina ddition to any other penalty that the Government may impose or any other action that may be taken having regard to the circum- staices of the case if it is found that any of the statements or facts therein are incorrect or false.

Date :

Signature

Name in block letters

Designation

Residential Address

Note • (/) This form is intended for applications made by actual users for the grant of emergency licences for import of spare parts

(a) 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 forwarding the application.

Form 'M'

Form of application for replacement licence

"A". Particulars of the appli- cant :

t. Name of the applicant ' .

2. Full postal address .

(i) House/Shop number . (w) Name of street/Road .

(m) 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. Registratioti/Ex- exemption No. valid for the licensing period to which the application pertains.

(b) Previous I.V.C. Regist-

5. Details of branches or asso- ciated companies (namo and location):—•

(a) In India

(b) Abroad .

6. Is a letter of authority desired If so, name of the firm in whose favour it is desired ,

7. The Customs House where the import licence, if grant- tcd, 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 rcplacc- mont of which the applica- tion is made

12. Reasons for the difference, if any bctwocn the specifi- cations and tho c.i.f. values of the previous consignment and the goods sought to bo imported in replacement thereof

13. No. and date of tho licence and file No. of tho licensing office pertaining to the pro- vious consignment .

14. Date of shipment/arrival/ clearance of previous con- signments)

"C."—General information to

be furnished

1. Please State whether :—

(a) Tho previous consign- ment was short landed or lost iti transit prior to actual import; or .

(b) The previous goods were found lost or damaged after import:

or

(c) The previous goods were found detective or unfit for use after import .

(J) The previous goods were found unfit for uso/damaged during tho period of guarantee;

2. Whether the goods sought to bo importod in replace- ment are a free supply by the foreign supplier or arc to bo imported against an insurance claim :

APPENDIX 3—Contd.

3. (a) In the case of free supply why the same cannot be imported under O.G.L. No. IV?

(b) In the case where tho free supply of the goods can not be covered by O.G.L. No. IV please state the amount of in- surance and foreign ex change If any requircdto 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 Insuranco or freight charges should be furnished)

4. In case tho loss or damage to the goods was caused on the docks after landing and the goods in question were insured at tho time of such loss or damage please state :—

(a) Whether any insurance survey certificate was issued by any authorised insurance surveyors to the effect that tho goods were actually lost or damaged while on the docks after landing; and if so, attach the certi- ficate—

(b) The amount in rupees of the claim accepted by the Insurance company and produce a certificate fiom them to tho effect that they have accepted the claim for tho said amount as the value of the goods lost or dama- ged.

(c) 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 :

(d) Whothor the insurance policy was taken from an Indian company or from a non-rosident In- suranco company, In the former case a certificate from tho insuranco 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.

5. In the case of the machi- nery, where the defect, damage, breakage or loss is noticed after instal- lation or operation of the machinery and it is co- vered by the term of waranty guarantee given by the foreign supplier please furnish.

APPENDIX 3— Contd.

(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 tlio effort that tho particular machine or part thereof is considered unfit for uso in tho main plant etc. for which it wusintendod.

(c) Original evidenco show- ing the dato of tho pro- vious importation of machinery and tho pe- riod of guarantee given by tho foreign supplier/ manufacturer.

(2) If tho said defect, dam- age, breakage or loss is covered by a marine In- surance policy ploase stato/furnish :—

(a) The amount of the Indian rupees of the claim accepted for pay- ment by the Insurance company :

(6) A. certificate from the insurance company to the effort that they have accopted tho claim for payment of amount as indicated against Col. 5 (2^ (a) above as the value ol goods broken or lost.

(0 This form is intended for all categories of applicants. (//) The declaration (1) above Is relevant to the actual

user applicants only.

(ill) Tho form should be carefully filled by the applicant to enablo tho licensing authority to avoid unnecessary correspondence. No column should be left blank. Tho words "Yos" or "no" or "not applicable" can bo used against the columns in the application form wher- ovcr necessary. If the applicant is notable to give answer to any particular column he should give a posi- tive reasons 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 Dovelopmont Commissioner. SEEPZ)

Application for a liconce for import of goods (other than those falling under tho Capital Goods Licensing Procedure), vido Government of India, Late Ministry of Commerce and Industry, Order No. 17/55 dated the 7th December, 1955, as amendod.

PART-1

(c) A survey certificate issujd by any authoris- ed surveyors or any other satisfactory evid- ence to provo that the uoods were actually Found detoctivo damag- ed brokon, or lost.

6. Full details of the docu- ments attached wilh the application.

DECLARATION

(1) [/We hereby declare that if this licence is granted the goods will be utilised only in our factory and that no portion thereof will bo sold to or permitted to bo used by any other party.

(2) I/Wo hereby also declare that tho above statements aro true and correct to the best of my/our knowledge and bolief. I/We fully understand that any licence granted to me/us on tho basis of tho statemont furnished is liable to cancellation, in addition to any other ponalty that the Government may impose or any othor action that may be taken, having regard to the circumstances of the case, if it is found that any of tho state- ments or facts thoroin aro incorrect or false.

Signature

A. Particulars of Applicant :

1. Name of tho applicant .

2. Full Postal & telegraphic

addross

B. Particulars regarding Indust-

trial Unit.

1. (a) Name of tho Industry

(b) Name of the product and the exact purpose for which tho raw material is required (preferably the function served by the raw material in the manufacture of the pro- duct should be oxplained)

2. Description of goods manu-

factured

3. Production capacity sepa- rately for each store for which different raw materials arc desired to bo imported .

4. Actual production in the

last calondar yoar

Name in block letters

Designation

Residential addross

Date

Note •

Note.—-If there was stoppage of production for any poriod, indicate the duration of the period and the reasons therofor.

5. Estimated production in tho

next calendar year

APPENDIX 3—Comd.

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 :

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

(a) Serial Number

(b) 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. ITCNo. & 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 to be imported and their description. Please see attached proforma invoice.

E. General Information to be

furnished :—

1. Date of establishments of

business in India :

6. 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 alse.

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) (I) In India (il) Abroad

8. Quantity and c.i.f. value of imported raw materials/ components consumed dur- ing the last three financial years

(Itemwise infoimatioii 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 tyoods covered by this application or any other goods covered by this ap- plication or any other goods for the same period in any category if so, give detail!)

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 goeds 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 photoslat copy of the 1VC Regn./Exemption Number

(0 I.V.C. Registration- lix- etnption Number valid for the licensing period to which the application pertains

(1) Jn the case of industrial undertakings intending to go into production for the first time or in the case of an existing indus- trial undertaking intend- ing to go into substantial expansion of the pro. duction of existing arti- cles of manufacture, in- dicate : . ..

00 Previous I.V.C. Regist- ration/Exemption Num- ber . ..

(0 value of (a) impor- ted plant and ma- chinery required.

APPENDIX 3—Contct.

(b) indigenous plant and machinery re- quired.

(") value of letter of credit, if, any opened for the import of plant and machinery and the date thereof

(tit) value of orders placed, if any, for purchase of indigenous plant and machinery

(/v) 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 sealc 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 Building or rent of premises with actual built up area.

DECLARATION

1. I/We hereby declare that the goods fur the import of vlilcli, the application has been made are not meant for use n the manufacture of new articles for which a licence has not jeen obtained under Industries (Development & Regulations) \ct, 1951.

2. I/Wo heroby declare that If this licence Is granted the loods will bo utilised only for consumption as raw materials jr accessories in our factory and that no portion thereof will bo sold to or permitted to bo used by any other party.

3. I/We hereby declare that the above statements are true ind correct to the best of my/our knowledge and belief. 1/ tVo understand that any licence granted to me/us on the basis >f the statements furnished is liable to cancellation, in addition :o any other penalty that the Government may Impose having •egard to the circumstances of the case if it is found that any of he statements of facts therin aro incorrect or false.

Signature

(/i) Requirements in value (c.i.f.) as installed capa- city

(II]) Quantity/Number re- commenced for import . (/v) Valuo (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 be filled in by the SEEPZ administration.

APPLICATION FORM

FORM 'O'

Licensing Period

Unit No

FORM OF APPLICATION FOR IMPORT OF RAW MATE- RIALS, COMPONENTS AND SPARE PARTS FOR UNITS LOCATED IN KANDLA FREE TRADE ZONE

1. Particulars of Applicant :

1, Name of the applicant ,

2. Full postal & telegraphic

address

B. Particulars regarding Indus-

trial Unit :—

1. (a) Namo of the Industry

(6) Name of the product and tho exact purpose for which the raw material is required (preferabley the func- tion served by tho raw material in the manu- fa ture of the product should bo explained)

Name in BLOCK letters

Designation

Residential Address

Date

NOTE —Applicants are advised to road the licensing instruc- tions for tho current pjriod carefully before filling up the Application Form for import licence.

PART II

'(To be filled in by tho Santa Cruz Export Processing Zone Administration in duplicate).

2. Description of Goods mon-

facturod

3. Production capacity so- parately for each store for which different raw materi- als are desired to be imported

4. Actual production in tho

Last calendar year

1. Particulars of goods recom-

mended for import :

(0 Requirements in quan- tity/number per installed capacity

Note,—-If there was stoppage of production for any period, indi- cate the duration of tho period and tho 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 years .

2. Particulars of row mate-

(tf) Previous I. V. C. Registration Exomptlon Number

rials to be imported :

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. 1TC No. &Part

12. Where shipment is to be eff- ected from a country diffor- ont from the country in which goods originated full statement of the reasons for the same should be given

4. Quantity Wcight/Nos. or other appropriate ac- counting unit

5. Value (c.i.f.) in Rs.

13. Is a lettor of Authority da- sired? If so name of the firm in whoso favour it Is desired

14. Remarks :

D. Spare Parts

6. Stocks (quantity) held by the applicant on the date of the import application whether in his own go down lying with the banksunder the produce loans account or anywhere else.

CIF value of the Spare Parts to be imported and their descrip- tion (Please attach Proforma Invoice)

E. General information to 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 .

furnished :—

1. Dato of establishment of

businoss in Tndla

2. Nature of the concorn

(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)

whether Public or Private Ltd, Partnership or Pro- prietory or Hindu Undivid- ed Family Concern

3. Name of Directors, Part- ners, Proprietor or Karta as tho case may be •

8. Quantity and c.i.f. value of imported raw materials/ components consumed during the last three finan- cial years. (Item-wise infor- mation to bo furnished for each year in respect of major items consumed)

4. Details of branches or asso- ciated companies (Namos and locations). (i) In India (li) Abroad

5. Has any application been already made by tha appli- cant for goods coverod by this application or any other goods covered by tliis appli- cation or any other goods for the same period in any cate- gory. If so, give details

9. Quantity and value (e*- factory price) of the pro- duction of and products du- ring 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 bo classified into broad groups, if necessary)

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 g09ds covered by this application or any other goods for the same period ? If so give details .

10. Registration No. allotted to Income tax Verification Certificate or exemption therofro m—Also attach attested or photostat copy of the IVC Rogn./Exemp- tion Numbor

APPENDIX 3— Contd.

DECLARATION

•

1. I/We hereby declare that the goods for tlie import of which the application has been made are not meant for use in the manufacture of now 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 ble sold to or permitted to be used by any other party.

3. I/We hereby declare that the above statements aro truo and correct to the best of my/our knowledge and bollof 1/ Wo understand that any licence granted to me/us on the basis of the statements furnished is liable to cancellation in addition to any other penalty that tho Government may impose having regard to tho circumstances of the case if it is found that any of the statemonts or facts therein are incorrect or false.

Signature

Name in BLOCK letters . . ..

Designation

Date Residential Address

jVbre :—Applicants are advised to read the licensing instruc- tions for the current period carefully before lilllng up tho Application Form for import liconcc.

FORM 'P'

Form of application for import of goods by Hospitals/Educa- tional Institutions including Medical Colleges.

PART 1

C General Information to be furnished.

1. Date of establishment.

2. Whether tho Hospital/Educalional Institution is managed by Government or some Corporation/Municipality etc. or 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 ward.

4. Particulars of grants, if any roceivod from the Central or

State Government or any other body (to bo named)

5. An inventry of the major equipment and apparatus available

with the applicant (list to be attached)

6. Whether the equipment proposed to be imported is new

comploto or a major replacement.

7. The department/course/subject etc. or other purpose, if any, for which tho stores covered by the application are required.

8. The number of students on rolls.

9. The Post Graduate courses conducted.

10. Tho number of students undergoing each Post-graduate course.

11. Numbor of research workers on roll.

12. Subject on which research is conducted.

113. Tho Customs House where the Import licence, if granted will be registered.

14. Full details of the enclosures attached with the application (every copy of tho document should bo marked as a true copy and signed beneath by the applicant)

PART II

{To be filled In by the applicant for me by the sponsoring author^

ty and the licensing autlwrity)

(To be fitted In by the applicant for use in the licensing office)

Particular of Applicant.

1. Name of the Hospital/Educational Institution,

2. Full Postal address :—

(0 House/Shop No.

(H) Name of Street/road.

(Hi Name of locality and city.

(/v) Name of State.

3. Telegraphic address.

B Particulars of application

1. Registration Number allotted to Income-Tax Verification

Certificate or exomptlon therefrom.

(i) I. V. C. Registration/Exemption number valid for the

licensing period to which the application pertains.

00 Previous I.V.C. Registration-Exemption number.

2. Treasury Receipt No. and date (Treasury Receipt) to be attached in original.

3. Licensing period in respect of which application is made

4. Whereshipmcnt is to be effected from a country different from the country in which tho goods originated, full statement of reasons for the same should be given.

5. Is a Letter of Authority desired? [f so, name of the Firm

In whose favour it is dosired.

1. Justification and need for the equipment proposed to be imported and typo of work for which the equipment will be used.

2. Details of similar existing equipment, if available, their dotail of purchase, cost and present condition may bo indicated.

3. Particulars of goods to be Imported —

ITEM QUANTITY/ VALUE

NUMBER (C.I.F.) I.T.C. S. No.

4. Details of Import liconces obtained during the last three

licensing periods:—•

Licensing Period

Licence No. &date

Description of goods

C.I.F. value

Import effected and utili- sation.

APPENDIX 3— Comd.

FORM Q'

(1) I/We hereby declare that if this licence is granted, the goods will be utilised only in my/our Hospital/Educational Institution and that no portion thoreof will be sold to or permitted to be used by any other party.

FORM OF APPLICATION FOR IMPORT OF SPARE PARTS BY ACTUAL USERS.

A, Particulars of Applicant

(2) I Wo hereby declare, that the above statements are true and correct to the best of my/our knowledge and bcliof.

1. Name of the applicant. .

2. Ful postal address

(i) House/shop No.

(ii) Name of the Street/

I/Wo fully understand that any 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 imposo or any other action that may be takon having regard to :the circumstances of the ease of it is is found that any of the statements or facts therein arc incorrect or false

Road

Signature

(iii) Name of locality (iv) Name of State

Name in Block letters

3. Telegraphic address

Designation

4. Address of location of

factory

Date Residential address

B. Particulars of application.

PART III

1. Registration number al- lotted to Income-Tax Veri- fication certificate or Ex- emption thereform.

(To be filled in by the sponsoring authority in duplicata)

1. Particulars of goods recommended :—

(i) IVC Registration / Exemption Number valid for the licensing period to which the applicaion pertains.

Full particulars of the Goods recommended

I.T.C S. No.

(ii) Previous IVC Regis- tration/Exemption No.

Whether the appli- cant is already in possession of simi- lar goods or not

2. Treasury Receipt No. and date (Treasury Re- ceipt to be attached)

3. Licensing period in respect of which application is to be made .

4. Is a letter of authority desi- red ? If so. name of the firm in whose favour it is desired.

2. Whethor D. G. T. D. clearance has been obtained (The No. and dato of the referonco of D.G.T.D. may be given)

5. The Customs House where the import licence, if granted, will be registered.

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 thtir letter may be quoted).

C.I.F. Value

Mode of Financing

Licence No. & date

6, Particulars of import li- cences obtained during the last two years viz. 1974- 75, 1975-76.

Signature of the sponsoring authority

7. C. I. F. Value of spare parts sought to be im- ported.

8. Country of shipment.

Note:—

The sponsoring authority should ensure that:

9. Particulars of machinery for which spares are to be imported :—

(a) Machinery imported before the year 1970.

(i) indigenous clearance from D. G. T. D, has been obtained before recommending the application. While obtaining indigenous clearance, full doscrip- tion of the machinery and leaflet or other litera- ture, wherever necessary, should bo sent in D.G. T.D., New Dehi.

(i) Particulars of machi-

nery

(H) All the columns of the application have been properly

(ii) c.i.f. value.

filled in by the applicant. Incomplete application need not be recommended.

- (iii) Country of origin ,

APPENDIX l—Contd.

(b) Machinery imported in or after the year 1970

(i) Particulars of machi-

nery

(ii) C.I.F. value

(iii) Country of origin.

(c) Purchase price of indigen-

ous machinery having imported components

10 Pull details of the enclo- sures attached with the ap- plication. (Every copy of the document should be marked as a true copy and signed by the applicant.

I/We hereby declare that the above statement is true and 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.

Date

Signature

Name in Block Letters

Designation

Residential Address

6. Particulars of goods to be imported:

(a) Description of goods (with ITC Part and S. No.)

(b) Value c.i.f. in rupees.

(c) Country of shipment.

(d) Port of Registration.

7. Financial authorisation for import:

(a) Whether against foreign exchange released by the Ministry of Finance (Dept of Economic Affairs) or any other authority. If so given details. An attested copy of the sanction regarding release of foreign exchange should be attached.

(b) Whether against a Rep Release Order issued by the licensing authority. If so, give dateails. The REP. R. O. to be attached in original.

8. Has any application for item under the same S. No. as mentioned in column 6 already made by the applicant against 7 (a) above ? if so give details.

9. (a) If any subsidiary/split licences arc required, give details

thereof.

Certificate of Cliartered EngineerI Chartered AccountantiCost

Accountant (in practice)

I/We hereby certify that I/we have checked up the particulars given in columns 7, and 10 to 12 above by the party from the records maintained by M/s and found the same to be correct.

Date

Signature of Chartered Accountant/Cost Accountant (in practice)/ Chartered Engineer Name

Address

ffo/e- (1) In the case of industrial undertakings in the Public Sector whether engaged In select or other industries exculding undertakings which are run departmentally by the Central or State Govts this Statement ,can be certified by an Internal auditor of the Company.

(2) Where an application is made on 'repeat' basis in terms of the policy in force, the particulars of machinery in col. 9 need not be given.

APPLICATION FORM

FORM R

FORM OF APPLICATION FOR IMPORT OF GOODS BY

CANALISING AGENCIES

1. Name of the applicant with

full address.

2. Category under which application is made.

3. Registration No. allotted to Inome-tax Verification Certificate

or Exemption therefrom,

4 No and date of the Treasury Rocipt showing payment ' of the requisite fees (Treasury Receipt should also be at-

tached.

5. Licensing period to respect of which the application is made.

(b) If the subsidiary import licences arc to be issued against Release Orders obtained by the actual users with letter of authority in favour of the actual user, please indicate the details of the Release Order and the actual user. Where necessary, the Release Order should be attached or it may be certified that the goods are being sold to the actual users on high seas.

(c) Whether necessary fee for obtaining the subsidiary/ split licences has been deposited. Please enclose treasury receipt in original.

10. Any other particulars.

11. Full details of the encloures attached with the application should be furnished in the statement below (Every copy of the documents should be attested as true copy by a responsi- ble officer of the undertaking).

Name of the documents.

s.

No.

(1)

(2)

(3)

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 mo/us on the basis of the statement furnished is liable to cancellation if it is found that any without prejudice to any other action that may be taken in this behalf of the statements or facts therein are incorrect on false, I/we further declare that I/we qualify for an import licence as a canalising agency in respect of goods of description applied for in this application.

Signature

Name in Block letters

Designation

Date

Residential address

APPENDIX—3 Concld.

FORM "S'

APPLICATION FOR ALLOTMENT OF IMPORTED RAW MATERIALS BY THE CANALISING AGENCIES DURING

1976—77

1. Name of applicant

2. Full Postal Address

3. Address of location of factory.

4. Name of Industry . . ..

5. Name of end-product manufactured.

6. Whether SSI/DGTD/Non-DGTD-

non-SSI Unit

7. Registration No. allotted by the spon-

soring authority

8. Description of raw materials required. (With detailed specification and sizes etc. in case of Steel & Ferro alloy item)

9. Quantity/C.I.F, value of raw mater-

ials required

10. Phased delivery requirement, if any.

11. (0 I/We hereby declare that the goods for the allotment of which this application has been made are meant for use in our own factory at the above mentioned address, for the manufacture of—— — (Name of end-product to be Indicated) for which I/We arc registered with—

(Name of registration/ sponsoring authority) registration has not been cancelled nor withdrawn.

(it) I/We hereby declare that if goods/raw materials are allocated to us, the same shall be utilised only for consumption as raw materials in our factory for the manufacture of the goods indicated above and no portion thereof will be sold to or permitted to be used by any other party or for any other purpose.

(///) I/We certify that the quantity /value asked for is to meet our requirements for a period not exceeding 12 months for 1976-77 (including the quantity, if any, already obtained in 1976-77 under the same arrangement.

(/v) I/We have not made any separate application for this item to the licensing authority during 1976-77.

(v) 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 the material allocated to me/us on the basis of the statements furnished in this application is liable to confiscation without pre- judice to any other action that may be taken under tl^e Imports & Exports (Control) Act 1947, as amended and Orders issued thereunder if it is found that any statement or facts indicated herein are incorrect or false or misleading.

(v/) I/We have noted the provisions contained in para 289(3) of the Import Trade Control Hand Book of Rules & Procedure 1976-77.

(vii) I/We have not been debarred under clause 8 of Imports

(Control) Order 1955 for 1976-77.

(riH) I/We fully understand that the allocation of imported material through the canalising agency is made under the import trade control regulations and any violation of the condition on which such materials are released to us or any mis-use of such raw materials will effect the provisions of Imports and Exports (Control) Act, 1947 as amended and orders issued then under.

1. Date & Signature. 2. Name in block letters. 3. Residential address.

APPENDIX 4

(Para 102 of Chapter V)

ANNEXURE I

List of Registering Authority

Registering Authority

3

SI Export Product No. 1 2

Engineering goods: stain- En

less steel products; mid ship repairing and constru- ction Services.

igineering Export Promo- tion Council "World Trade Centre", 14/1B, Ezra Street (3rd Floor), Calcutta-1, and its, Regional offices, Com- merce Centre (2nd Floor), Tardeo Road, Bomaby-34; Sire Mansion, ]23, Mount Road, Madras-6; and 'Sur- ya Kiran' 4th Floor, 19, Kasturba Gandhi Marg New Delhi.

Chemicals and Allied Pro- ducts Export Promotion Council, 14/IB, Ezra Street 2nd Floor, Calcutta-1, Re- gional offico Sire Mansion, 123 Mount Road, Mad- ras-6.

2. 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 oxplosivos, Asbestos and ce- roont products, Wood Products.

Basic Chemicals, Pharmaceu- ticals and Soap, E. P. Council, Jhansi Caste (4th Floor), 7, Cooperage Road Bombay-400001.

2A Basic Chomicals namoly, Drugs, Pharmaceuticals and Fine Chemicals (ex- cluding Medicinal Castor Oil), Dyes, Intermediates, Alcohol and Coal Tar Chemicals, Organic Cho- micals, Agro Chemicals, Olycerno, Soaps, Deter- gents, Cosmotlcs & Toilet- ries, Processed Talc, A.garbatti Essential Oils and Crudo, Drugs.

3. Plastics

Plastics and Linoleum Ex- port Promotion Council, Nyloc Houso, 4th Floor 252/D 11, Dr. A. B. Road Prabha Devi, Bombay-25; and its Regional offices at Sir Mansion, 123, Mount Road, Madras-6 and 14/1V, Ezra Street, Calcutta-1.

4. L-ather and loathar goods Export Promotion Council at Bombay/Madras/ Calcutta/New Delhi.

5. Sports Ooods .

Sports Goods Export Pro- motion Council, IE/6, Jhan- dewala Extension, New Delhi-1.

1

2

3

6. Pish, Fish meal and fish Products

Marine Products Exportf, De- velopment Authority World Trade Contre, Mahatma Gandhi Road, P. B. No. 1708, Ernakuhim, South Cochin-16.

7. Processed foods other than curry powder and paste.

Processed Feeds Exports Pro- motion Council, R. 15, N. D. S. E. Part II, New Dolhi-110049.

8. Curry powdor and paste.

Oloo-resins and spice oils.

Spices Export Promotion Council, World Trade Centre, Mahatma Gundhi

Road, ErnakuIam-6.

9. Handicrafts, Woollen Car- pets, rugs and druggets.

The All India Handicrafts Board, West Block. No. 7, Ramakrishnapuram, New Delhi-22.

10. Cashow Kernels

Cashew Export Promotion Council World Trade Cen- tre, Mahatma Gandhi Rd., Ernakulam-6.

11.

Tobacco Board, Guntur, Tobacco and tobacco pro- ducts.

Andhra Pradesh.

12. Woollen textiles and hosiory etc. and mixed fabrics

Wool and Woollen Export Promotion Council, Chur- chgate Chambers, 7th Floor 5, New Mrinc Linos, Bombay-20, and its regional office at Ludhiana.

13. Coir

Coir Board, Post Box No. 1752, Ernakulam (Kerala).

Cotton textiles

14.

Cotton Textiles Export Pro- motion Council, Engineer- ing Centre, 5th Floor, 9, Mathow Road, Bcmbay-4 and Hand loom Export Pro- motion Council, 123 Mount Road, Madras-6.

Ready-made garmonts (other hun of natural silk)

15.

Cotton Textiles Export Pro- motion Council, Engineer- ing Centre, 5th Floor, 9 Mathew Road, Bombay- 400004. Wool and Woollen Export Promotion Council Churchgate Chambers, 7th Floor New Marine Lines, Bombay-400020.

Handloojn Export Pro- motion Council, 123, Mount Road, Madras.

Natural silk fabrics and garments

16.

Handloom Export Promotion Council, 123 Mount Road Madras-6, Silk and RayoH Export Promotion Council, Resham Bhavan 78, Veer Nariman Road, Bombay- 400001.

APPENDIX 4—Contd.

(para 103 of chapter V)

3

1 2

ANNEXURE II A

Form of Application for Registration

17. Gem and jewellery

To

Gem and jowellory Export Promotion Council, D-l- Commerco Centre, 4th Floor Tardeo Road, Bom- bay-400034.

18. Cinematograph films (ex- Export Promotion Autho- rities at Bombay, Calcutta, Madras and CLA, New Delhi.

posed) feature films, do- cumentaries, advertising films.

News films and T.V. films

Dear Sirs

Export Promotion Authorities at Bombay, Calcutta, Mad- ras and C.L.A. New Delhi.

Sub:—Registration under the Import Policy for Regis-

tered Exporters

Jute Commissioner, Calcutta.

19, Natural fibre products . (other than coir products)

Kindly register us under the abovo policy as manufac- turer exporters/merchant exporters of (the major products covored by the Import policy for registered exporters, exported by the applicant may be mentioned here).

20. Non-Cellulosic products

Silk and Rayon Textiles E. P. Council, Resham Bhavan, 78, Veer Nariman Road, Bombay-400001.

21. Cellulosic products

Silk and Rayon textiles E. P. Council Resham Bhavan, 78, Veer Nariman Road, Bombay-400001.

1. (a) Name and address (with telegraphic address and tele- phone No.) of registered office, head office and branches. (6) Whether ProPrietory/Partnership concern or Private/ Public Limited Company or Cooperative Marketing Society, etc. (Names of Pro prletory)/Partners/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.

Silk and Rayon Textiles Ex- port Promotion Council, Resham Bhavan, 78, Veer Nariman Road Bombay- 400001.

22. Blended products from mixture of cotton/cel- lulosic fibre or yam/ Nylon Polyster fibre or yarn.

(d) Name and address of the applicant's banker.

23. Vanaspati

(e) Income-tax verification Number and date.

(/) Date of establishment of business/factory in India.

Director of Sugar and Vanas- pati, Department of Food, Ministry of Food and Agriculture, New Delhi.

(//) Date of commencement of export business.

(Hi) Capital employed.

Khadi and Villago Industries Commission, "Grflmodaya" 3, Irla Road, Vile Parle (West), Bombay-400056.

2. Whether licensed/registered under the Industries (Deve- lopment and Regulation) Act, if so, number and dtto of licence/registration certificate.

24. Khadi i.e. any cloth woven onHandlooms in India from Cotton, Silk or Woollen Yarn. Hand-spun in Tndia or from a mixture of any two or all of such yarns (including Ready- made garments and other articles made of Khadi).

3. Whether products manufactured are on approved (DGS&D) rate/running contract I.S.I, certification marked G.T.H. Alipore tested or otherwise quality controlled (specify the scheme of Quality Control app- licable)

25. Photo types set Films and Micro Films.

4. Whether enlisted with D.G.T.D./ State Director of Chemicals and Allied Pro- ducts Export Promotion Council 14/1 B, Ezra Street 2nd Floor, Calcutta-1.

Industries.

Shellac Export Promotion

26. Dewaxed Decolourised

Council, Calcutta.

lacs.

5. (a) Details of past export during the last three jyears, if any, (products for which registration is sought and other products not covered by the scheme should be indicated):—

27. Acrylic

knitwear

Unit Value

Year

Quantity/ value

Descrip- tion

(2)

(3)

(4)

Major coun- tries to which exported (5) J

0)

Wool and woollen Export Promotion Council, Church- gate Chambers, 7th Floor, New Marine Lines Building Bombay—20, OR Silk and Rayon Textile Ex- port Promotion Council, 78, Veer Nariman Road, Bombay-400001.

NOTES—

(1)

(In caso where there is no export , a statement of inter- nal sales turnover for the last three 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 Commissioner for Industries and Handicrafts, Jammu & Kashmir Srinagar.

For exporters in the Jammu & Kashmir (para 102 (2)

succeeding throe years :—

(2)

Year Description of goods Quantity Value

to be exported

For Export House (Refer Para 102(3) .

Federation of Indian Exporters Or- ganisation Allahabad Bank Bmld- ing Parliament Street, New Delhi.

13—G-l CCofI&E/76

APPENDIX 4—Contd.

6. If now to export field state details of any overseas market surveys conducted or of export promotional efforts made

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 product are to bo 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. (o) Whether a member of any recognized trade body-

If so, give particulars.

(6) Whether firm is registered under the Factories Act, ? If so, registration No. and date.

(c) Whether the firm hold a Corporation or Municipal licence for factory permlses for the current year ?

12. Whether a certificate from the applicant banker certi-

fying the financial position Is attached. We hereby solemnly declare the above stated Informa- tion to be true and correct and undertake without any reservation to :—

(/) abide by the terms of the registration certificate granted

to us on all our exports.

{it) Use the import licences for the purpose for which they are issued and under terms and conditions under which they arc Issued.

(WO agree to abide by any code of conduct that may be

prescribed by the Registering Authority.

(/?) agree to abide and 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 month following the quarter.

We further understand that our registration is liable to be cancelled in the event of breach of any of the undertakings mentioned above.

Yours faithfully

Name In Block letters

Designation

ANNEXURE—IIB

FORM OF APPLICATION FOR REGISTRATION OF CIVIL ENGINEERING & CONSTRUCTION FIRMS

To

The Regional Officer, Engineering Export Promotion Council, Commerce Centre, 2nd Floor, Tardeo Road, Bombay-400034.

Dear Sir :

Sub : Registration under the Import Policy for Registered

Exporters.

Kindly register us under the above policy as Civil Engineers/ Construction firm. Our line of specialisation includes

1.

2. 3.

4.

5.

6.

7.

8.

9.

10.

Name and address (with telegraphic address and telephone No.) of regis- tered office, head office and branches. The year of starting business. . Whether proprictory/Partnership con- cern or Private/Public Limited Com- pany or cooperative Marketing Society etc Names of Proprietor/Partners/Dire- ctors/Managlng Directors together with their permanent residential address. Names of associate firms for whom the applicants act as agents in export business. . Capital structure of the firm (autho- rised, issued, subscribed and paid up capital) • Name and address of applicant's bankers) (a certificate from the applicant certifying the financial position should be attached). . Income tax verification number and date. Value of Civil Enginecring/Construc- tlon/work done during the last 3 years (details of work, value etc. to be shown separately for each year. Break-up of work done within and outside India to be shown separately) Broad details of the major construc- tion jobs carried out during the last 5 years (to be shown separately for (a) Barrages and dame (b) Power Houses (Thermal & Hydel) (c) In- dustrial structures other than (b) above; (d) Roads and bridges; (e) tunnels; (f) Docks & Harbours; (g) Sewerage & Water Supply Sys- tems' (h) Multi-storeyed buildings and townships; (0 Structural steel fabrication and erection jobs.

Year Name of Value of the work

work

SI. No.

Name and address of the client for whom work was executed.

Residential Address

Place

Date

1. 2. 3. 4 5.

APPENDIX 4—Contd.

(Para 103 of Chapter V)

ANNEXURE III

Registratlon-cum-Memhership Certificate

11. Whether the firm is also registered as manufacturing unit for any engg. product. If so, number and date of Licensing/Registration Ccrtiflcato with the sponsoring authority (Dp- I D, DI, Tex, Comm. etc. to be in- dicated)

12, Details of Technical & Managerial personnel employed by the company (A statement giving details in the following proforma to be altached).

Experience.

SI. Name of the Age Qualification No. Officer

13. List of Plant and Machinery owned by the firm (A statement giving the particulars of the machinery, date of its purchase and present book value to be submitted).

14. Details of commitment/projections for handling export Jobs for the succeding three years :—

Value Year Nature of jobs to be

undertaken.

15. Details of membership of recognised Trade bodies/Industrial Association.

We hereby solemnly declare the above stated information to be true and correct and undertake without any reservation to :

(a) abide by the terms of the registration certificate granted

to us on all our exports :

(b) use the import licences for the purpose for which they are issued and under the terms and conditions under which they are issued :

(c) agree to abide by any code of conduct that may be pres-

cribed by the registering authority :

id) agree to abide by any export floor price conditions that may be stipulated by the registering authority : (e) furnish without fail quarterly returns of exports including 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 undertakings mentioned above.

Yours faithfully,

Name in Block Letters

Designation

Residential Address

PART I

(To be filled in by the applicant)

1. Name of applicant

2. Whether Head Office or a brnncti

3. If Head Office, give names of Branches with address....

4. Address of applicant :

(/) Postal address

(II) Telegraphic address

(Hi) Address of factory, if any

5. (/) Description of goods manufactured (If nny)

(ii) Description of goods expected

6. Whether merchant exporter or manufacturer-expor- ter

7. Year of establishment of the applicant

I/We hereby 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- tration/membership is granted.

Signature ,

Name

(in block letters)

Designation —

Date — •

Residential address

PART II

1. Registration No./Factory Nt\ allotted by the Sponsc.

ring Authority.

(To bo 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 if DGTD units and sponsoring auth< rity in the cose of other jnits.

Signature of registering Authority

Sponsoring authority.

Name in Block letters

Designation

Seal.,

. . .,

APPENDIX 4—Contd.

PART III

PART II

(To be signed by the concerned Registering Authority)

This is to certify that the above firm is registered under ;hc Import Policy for Registered Fxputttt in leims )f the provisions in the Import Trade Ci ntrol HandBtck Df Rules and Procedure as per follcvirg particular :—

(0 Description of goods for which tegistered

(it) Date of application for registration

ifli) Registration Numbers

(/v) Manufacturer Exporter or Merchant Exporter

This certificate is issued subject to thecorditiens laid down in the relevant scheme of Registration.

1. Permit No. or Looms/ Warp Knitting machine /Raschel knitting machi- nes issued by the office of I he Textile Commis- sioner together with number of looms/kni- ting 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 Textile Contmissiorcr as processors of fabrics.

Signature of the Sponsoring

(In block letters)

Designation

Sea]

D.Ued —•

•State clearly whichever is applicable. Space for endorsement of any amendments in this certificate.

ANNEXURE IV

REGISTRATION-CUM-MEMBERSHIP CERTIFICATE FOR EXPORTERS OF RAYON TFXTILIS

PARTT

Authority.

Name

Designation

SEAL

PART III

(To be filled in by the applicant)

(To be signed by the concerned E.?. Council)

X. 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

(//) Telegraphic Address

(Hi) Address of factory, if any.

J. (/) Description of goods manufactured (if any)

(tl) 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 above information is correct to the best of my/our knowledge and belief. J/We also un- dertake to abide by the conditions subject to which registra- tion/membership is granted.

Signature .

This is to certify that the above firm is registered under the import policy for Registered Exporter? in terms of the pro- vision in the Import Trade Control Hand Book of Rules and Procedure as per following particulars :—

(0 Description of goods for

which registered

£(") Date of application for

registration

(ffl) Registration Number

(fv) JManufacturer exporter or Merchant Exporters

This certificate is issued subjectto the conditions laid down in the relevant scheme of Registration.

Signature of E.P. Council

•State clearly whichever is applicable

Name (in block letters)

Name (in block letters)

Designation

Residential Address -

D ated.

-

Date Designation

SEAL

•Space for endorsement of any amendment in the Certificate.

APPENDIX 4—Contd.

ANNEXURE V

BANK CERTfFfCATE OF EXPORTS

(FORM NO. 1)

To

(Name aid addross of the licencing 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 collection/negotiation /purchase as per particulars given hereunder:—

Description of goods

Destination of goods

ERI,P.PP Form Invoice No. & date

Bill amount cif/c&f fob. (in foreign currency).

Rate adopted for go Q- version of with cif/c&f fob

Bill of lading/ P.P. Receipt/ Airway Bill No. and date

Freight amount in Indian Rs. as per Bill of lading/ freight memo

Insurance amount in Indian Rupees as per Insurance Company's Bill/ receipt

F.O.B. value in Indian Rupees (Col. 7 minus total of Col. 8 &9

Bill amount cif/c&f/ fob equi- valentin Indian Rupees (conver- ted rate shown in col. 6) Rs.

Rs.

Rs.

Rs.

7

6

1

5

8

3

4

9

10 2

11

Wo further declare as follows :—

(0 that tho aforesaid particulars are correct and they relate to outright sales and copies of Invoices relevant to these exports

arc attached.

(ii) that the export has been made by the Head Office/Branch Office of tho 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;

(b) application for export assistance* will be made by the Head Office of tho Limited Company/Registered Office to the above licensing authority undor whoso 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, column 5 & 6 netd not

be filled in).

Strike out the alternative not applicable.

BUI'purchased/negotiatedin respect of out right 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 :

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 by M/s verified 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 :—

(0 Bill of Lading/P. P. Receipt/Airway Bill

(fl) Insurance Policy/cover/Insurance receipt.

(Signature of the Bankers) Official Stamp

(Full address of the Bankers)

(Branch and City)

APPENDIX 4—Contd.

BANK CERTIFICATE OP EXPORTS

FORM NO: 2

To

(.tfame and address of tho licensing authority)

\ ,.

We

(Name and address of the exporters) hereby declare that we had effected tho export on consighment basis and have received the proceeds in full there against as per particulars given below :—

Destination ofgoods

Description of goods

GR1/ PP Form No.

Invoico valuo in foreign currency

Provi- sional Invoice No. & date

Date of realisa- tion of sale pro- ceeds

Bill of Lading/ PP Receipt Airway Bill No. it date

Bill amount cif/ c &f fob in foreign cur- rency

Rate adopted for con- version of cif/ c&f/ fob

Freight Insurance FOB amount amount value in in in Indian Indian Indian Rupees Rupees Rupees as per as per (Col. Bill of Insu- 10 Lading ranee minus freight Com- total memo pany's of

Bill/ Col. receipt 11 &

Bill amount elf c&f/ fob equiva- lent in Indian Rupees (con- verted at rate

12

shown in col 9

Rs.

Rs. Rs. Rs.

7

3

5

6

10

4

8

9

2

11 12 13 1

Wo further declare as follows :—

(0 that the aforesaidjparticularsaro correct and they relate to Consignment salos and Co pies of invoice relevant to these exports

are attached ;

(II) 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 abovo licensing authority under whose juris-

diction it falls OR

(b) application for export assistance will be made by the head office of tho 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, c&f, fob. (in respect of invoices made out in Indian Rupees, column 8 &9 need not

be filled in ).

Strike out tho alternative not applicable.

The authorised dealer's T/T Buylng/OnlDeraand|BuyingJRate, as the case may be, prevalent on tho dato of realisation.

BANK'S CERTIFICATE

Ref. No.

Dato

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 manners in respect of the above consignment on

(Rate). Wo have verified the fob value as shown in Col.

13 with reference to the following :—

(I) BillofLading/P.P.recelpt/AlrwayBlll

(II) Insurance Policy/cover/Insurance Receipt.

(Signature of the Bankers)

Official Stamp

Address tho Bankers

(Branch and City)

Date of advice of the collecting/remitting Bank abroad.

APPENDIX 4—Contd.

ANNEXURB 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 Foreign 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-tenns of rupees will be as indicated in this Public Notice.

IMPORT LICENCE 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 by taking into account the 'exchange rate' notified by the De- partment 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 reference 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- PONENTS AND SPARES ISSUED AGAINST FOREIGN CREDITS COVERED BY DIRECT PAYMENT PRO- CEDURE.

3. The procedures as indicated in paragraph 2 above will also apply to import licences for raw materials, components and spares issued against foreign credits covered by Direct Payment 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 policy 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 as hitherto adopted. Bank certificates on the basis of which REP benefits will be determined under the Import policy for Registered Exporters will bo prepared on the following basis:—

(a) BUI purchased or negotiated in respect of out-right sale The actual amount paid at the authorised dealers' O. D. (on demand) buying rate to tho exporter by the authorised dealer against the bill purchased or nego- tiated.

6. The custom authorities and the authorised dealers in foreign exchange will debit the REP licences at tho exchange rate current at the time of presentation of import documents in accordance with the procedure described in para 8 below

IMPORT LICENCES OTHER THAN THOSE MEN-

TIONED ABOVE i

7. Tho value of import licences in such cuses will be de- | termined in terms of rupees by the licensjng 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 exchange rate prevalent on the date by issue of the licence or on any otherdate. The custom authori- ties and the authorised dealers in foreign exchange will debit these licences at the exchange rate current at the time of pre- sentation of import documents in accordance with the pie- scribed procedures and ensure that the amounts so debited for certain are within the value of the licence expect to the extent authorised in para 8.

8. In case of imports against REP licences and 'other' licences referred to in paragraphs 4—7 above, the authorised dealers in foreign exchange and the custom authorities may, in their descretion, condone tho excess value, if any, in the manner indicated below:—

(/) the authorised 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 rato prevalent o 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 the 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.

(//) 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 authorised by foreign exchange dealer by taking into account the condonation on account of variations in exchanges rates as indicated in {i) above

{Hi) if the importer doesnot produce Exchange Control Copy of the import licence before the custom authorities, such authorities will debit the exchange rate soiiotificd 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 rato prevalent on the date of presentation of the Customs Bill of Entry and the exchange rato on the date of shipment, may be condoned by tho custom authorities,

9. All import licences issued on or after the dato of this Public Notice will be covered by the provision of this Public Notice. Import licences issued before the date of issue of this Public Notice will be governed by the procedure as in force prior to the date of issue of this Public Notice.

(b) 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.

(c) Exports on consignment basis

The amount paid by the authorised dealer to the ex- porters at the authorised T-T. buylng/O. D. buying rate as the case may bo on the date of realisation of export proceeds

5. The forms of bank certificate which Registered Exporters will be required to produce are given In the annexures to this Public Notice. These forms will replace the existing forms appearing in Annexurc V at pages 213-214 of the Import Trade Control Policy (Rod Book-Vol. II) for the period April 1974— March 1975.

Sd/- (B. D. Kumar), Chief Controller of Imports &, Exports

NOTE:—(1) 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) Enclosures to the Public Notice, No. 78ITQPN)/

74 dated 6,6.1974 are given ID Annexure-V.

APPENDIX 4—Contd.

Anneiure VI (Contd.)

6. Names of Directors, Part- ners* Proprietor or Karta as the case may be. .

Copy of Ministry of Commerce Public Notice No. 5HTC(PN) /75 dated 23-6-1975.

GOVERNMENT OF INDIA MINISTRY OF COMMERCE IMPORT TRADE CONTROL

7. Details of the Head Office/ branches or associated companies (Name and Location) : . (/) In India.. (i"0 Abroad. .

PUBLIC NOTICE NO. 51—ITC(PN)/75 NEW DELHI 23rd JUNE, 1975.

8. (a) No. &date of Regis-

SUBJECT :—Export from India to Poland under the Trade

tration certificate

and Payment Agreement.

(6) Whether applicant is registered us a manu- facturer exporter, Merchant exporter or export house,

Attention is invited to the Ministry of Commerce Public Notice No. 14-ITC(PN)/75 dated the 20th February, 1975 regarding imports from Poland under the Trade & Payments Agreement.

(c) Date upto which EP registration is valid.

(ft) Product or product groups for which registered.

2. It has been decided that all contracts and the commercial and financial documents relating to export of goods and services from India to Poland may be expressed either in U.S. Dollars or in Indian Rupees as decided by the concerned exporters. The payments in cither case will, however, be effected in non- convertible India rupees. In cases, where the prices are ex- pressed in US Dollars, the US Dollars will be converted into Indian rupees at the dollar/rupee rate prevailing on the date(s) of making payment obtained on the basis of:—

(e) In the case of export house, please give No. & date of Export House Certificate & attach a photostat copy thereof.

(a) The previous working day's closing middle rate for the dollar in terms of pound sterling in the London Market; and

(6) The middle rate of the Indian commercial bank main- taining the account of Bank Handlowy Warszewia SA for buying and selling Pound Sterling in terms of Indian rupees.

3. It may be clarified that for the prupose of obtaining REP benefits, the Indian exporters will be, as at present, required to produce bank certificate in the prescribed form as provided in Anncxurc VI at page 241 of the imdortTrado Control Policcy (Red Book—Vol. II) for the period April 1975-March 1976 as may be amended from time to time.

9. Registration No. allotted to Income tax Verification Certificate or Exemption therefrom. Also attach attested copy of IVC Registration / Exemption number. If no current IVC No. is held the previous IVC No. may be given (If the application is made to the same licensing authority which issued the IVC Number, an attested copy need not be sent with the application.)

Sd/-

B.D. KUMAR

CHIEF CONTROLLER OF EXPORTS & IMPORTS

10. No. & Date of Treasury Receipt (Treasury Receipt to be attached) .

ANNEXURE VII

FORM H

(Para 110 of Chapter V)

11. (a) Description of the ex- ported products and the product group to which they belongs . (6) F.O.B. value of pro- duct-wise export co- vered by this applica- tion, Rs

FORM OF APPLICATION FOR IMPORT OF GOODS AGAINST EXPORTS MADE BY REGISTERED EXPOR- TERS MERCHANT/MANUFACTURER EXPORTERS

AS WELL AS EXPORT HOUSES :

(Merchant Exporters need not fill Col. 16. Where Registered Exporters make nominations for full entitlement they need not fill columns 19 to 25) .

1. Name of the applicant firm . . ..

2. Full Postal Address

(e) Specify the period during which these ex- ports were made and whether the applica- tion is made on quar- terly basis or half yearly basis or any other basis specifically agreed to by Govern. mont.

(/) House/Shop No. (//) Name of Street/Road. (ill) Name of locality and

city.

(tv) Name of State

3. Address and location of factory . . .. 4. Date of establishment of

(d) The amount of com- mission or discount paid or payable (at a later date by the ex- porter) to the foreign agent on the exports covered by the appli- cation.

business in India .

5. Nature of the concern, whether Public Company or Private Company, Partnership or Hindu un- divided family concern.

12, Whether any other appli- cation against exports covered by the same pro- duct group und for same period of exports has been made.

APPENDIX 4—Contd.

22. C.I.F. value of canalised

items If applied

23. CIF value of other items if desired from stocks of STC/MMTC/SAIL Inter- national Lmited

24. Is a letter of authority desired ? If so, name of the firms in whose favour it is desired together with details i.e. names of their Directors, Partners, Pro- prietor etc

13. (a) Whether the exports (as per statement of export enclosed) agai- nst which the present application is made have been claimed or are intended to be claimed for any im- port licence by way of barter or for remit- tance against Capital Goods or in dis- charge of any export obligation or for ob- taining import licence under any other cate- gory.

25. The Customs House where the import licence, if granted, will be registered.

26. Full details of enclosures attached with the appli- cation . . ..

(6) Particulars of advance licences, if any, ob- tained against exports covered by this appli- cation.

UNDERTAKINGS/DECLARATION

I/We hereby solemnly undertake/declare :

14. Whether the oxports have been made on out- right sale basis/consign- ments/approval basis/free replacement. .

(/) that no other application for import licence has been made or will be made in future against exports covered by this application except advance licence(s) mentioned against Col. 13(a) ;

15. Whether any application for grant of cash assistance has been made against all or any of tho exports men- tioned in tho enclosed statement. If so, please give the reference No. & date of that application. .

16. Registration No. allotted to tho applicant by the DGTD/Statc Director of Industries/any other spon- soriDg authority.

(For export houses only)

17. Names of product group for which certificate has beenissued

(//) the consignment (s)/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 question or 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 licences due to me/us or to my/our nominees, without prejudice to any other action that may bo taken in this behalf. If any amount is paid to the foreign buyer at any time on account of any penalty or damage pertaining to the exports covered by this application, the intimation thereof shall be sent to the licensing authority within one month thereof, 18. No. & Date of Export certificate and whether it is valid.

19. CIF value in rupees of the

licencc(s) applied for

(III) If as a result of a scrutiny by the licensing authority any excess licensing is found to have been clone to me/ us or to my/our nominees against this application, the same shall be liable for being adjusted against future licences duo to me or to my/our nominees under any category without prejudice to any other action that may be taken in this behalf.

(/v) I/We hereby declare that the particulars and state- ments made in this application are true to the best of my/our knowledge and nothing has been concealed or held therefrom;

20 List of items applied for (Five copies of the list to bo furnished). Separate sets of lists should be fur- nished for (i) items sought to bo imported from Rupee Payment Area, (ii) tcins of tools and jigs and equipments and (ili) other

itftmft •

Item Part & S.No.

(v) I/We hereby undertake that any licence granted on the basis of this application shall be liable to cancellation or being made ineffective without prejudice to any other action that may be taken in this behalf, if any infor- mation furnished in this application is found to be wrong or incorrect or misleading.

Country of import C.I.F. value

21.

(v/) I/We hereby declare that the prices charged for books/ journals/periodicals exported were not less than the listed foreign prices minus a discount of not more than 40%. In cases no foreign price was listed, the books/ journals/periodicals were exported at a price not less than the listed Indian prices converted into foreign currency at the official exchange rate, minus the usual trade discount not exceeding 40 %.

(b)

State the basis on which items of import are claimed viz : on the basis of (a) AU licence (stating AU licence No. & Date and enclosing original or photostat copies thereof) sponsoring authority's re- commendation on pres- cribed proforma (enclo- sing the same) (11) Col. 4 Section II of Vol. 11 of Red Book. .

(vtf) I/We declare that the figures on the basis of which this application for replenishment licence is miidc do not include exports of books/journals/periodiculs intended for internal use only and prohibited from being ex- Pertcd.

APPENDIX 4—Contd.

5.

Go a, Daman and Diu, Dadra and Nagar Havell

Dy. Chief Controller of Imports and Exports, Pan- jim, Go a.

(vtii) I/We declare that the exports have been made at a price not less than the minimum floor price fixed by the registering authority.

(lx) I/We have not under invoiced or over invoiced our

6.

Kerala, and Union Territory exports.

of Lakshadwcep.

Dy. Chief Controller of Imports and Exports, Erna- kulam.

7.

Uttar Pradesh.

Signature Name In Block Letters Designation Residential Address

Dy. Chief Controller of Imports and Exports, Kanpur.

Dated i

8.

Andhra Pradesh,

(To bo filled only in the case of nomination)

Dy, Chief Controller of Imports and Exports, Hyderabad.

1. In case nomination has been made, the following parti-

9.

Gujarat excluding Kandla culars should be given :—

Free Trade Zone.

Dy. Chief Controller oi Imports and Exports, Ahmedabad.

Name of the nominee

10.

Karnataka State.

Other lines of manu- facture of nominee(s)

Dy. Chief Controller of Imports and Exports, Bangalore

Fob value of of exports for which nomination is made.

Jamrnu and Kashmir.

11. Controller of Imports and Exports, Srinagar.

Products, materials components, parts manu- factured by nominee^) on account of which nominated.

12. Controller of Imports and Exports, New Kandla.

I.

In respect of exports from Kandla Free Trade Zone.

2.

13.

3. etc.

In respect of units located in Santacruz Electronic Export pocessing zone,

Bombay.

DECLARATIONS

Deputy Development Com- missioner (Imports & Ex- ports) Snntacruz Electronic Export processing zone, Bombay.

ANNEXURE IX

(0 I/We declare that I/We have not nominated any othei person to claim the benefits of the fob value of exports to the extent covered by the nomination made above ;

(Para m of Chapter V) (//) I/We declare that the nominee(s) is/are actual uscr(X engaged in the manufacture of goods indicated in the abovt statement.

Signature

Simplified Form of application for import of goods against Exports made by Established Registered Manufacture Ex- porters or Merchant—Exporters claiming licences in their own name.

Name in Block Letters

(A) Particular of the Applicant

Designation

1. Name of the Applicant

Dated : Residential address

2. Full Postal Address .

ANNEXURE VIII

(Para 110 of Chapter V)

(0 House/Shop No. (") Name of Street/Road . (Hi) Name of locality (/v) Name of State .

List of Licensing Authorities

3. Telegraphic Address ,

Jurisdiction

Name of the licencing Authorities

4. Address & location of fac- tory . . ..

Madhya Pradesh and

1.

Maharashtra.

Joint Chief Controller of Imports and Exports, Bom- bay.

5. Name of the Industry and tho purposo for which the materials/components are required

2.

6. Description of goods manu-

Joint Chief Controller of Imports and Exports, Calcutta.

factured . . ..

(B) Particulars of Application.

Assam, Bihar, Orissa, West Bengal, Nagaland, Mani- pur, Tripura, Arunachal Pradesh, Andaman and Nicobar Islands and Meghalaya.

3.

7. Treasury Receipt No. and date (TR to be attached In original)

Tamil Nadu, Pondicherry, Karaikal, Mahe and Yanam.

Joint Chief Controller of Imports and Exports, Madras.

4.

8. Registration No. allotted to

Rajasthan, Punjab, Haryana Delhi, Hlmachal nnd Chandigarh.

Joint Chief Controller of Imports and Exports, Central Licensing Area, New Delhi.

fncomo-tax Verification Cer- tificate or Exemption there- from . . ..

APPENDIX 4—Contd.

UNDERTAKING

I/Wo hereby solemnly undertake :—

9. (a) Product Group to which the exported products belong

(b) FOB Value of exports covered by this appli- cation Rs, .

(/) that no other application for import licence has been made or will be made in future against exports covered by this application ;

(c) Month during which the exportos were mado

(d) The amount of com- mission or discount paid or payable (at a later date by the exporter) to the foreign agent on the exports covered by the application ,

(fl) Tho consignments/parcels hava 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 question, are not realised through an authorised channel within six months from tho 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 licences duo to or to my/our nominees, without prejudice to any other action that may be taken in this behalf.

(fii) If, as a result of a scrutiny by the licensing authority at any time, any excoss licensing is found to have been done to me/us or to my/our nominees against this appli- cation, the same shall bo liable for being 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 his behalf.

(/">) I/We hereby declare that the particulars and statements 10. Whether tho exports against which the present applica- tion is made havo been utilised or are intended to be utilised for claiming any import licence by way of barter or for remittance against capital goods or in discharge of any export obli- gation or for obtaining im- port licence under any other category . . ..

made in this application are true to the best of my/our knowledge and nothing has been concealed or held there- from.

11. Whothor tho exports havo been made on out right sale- basis/conslgnment/approval basis

(v) I/Wo hereby undertake that any licence granted on the basis of this application, shall bo 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 Incorrect or misleading.

(v/) I/Wo havo not under invoiced or over Invoiced our

exports.

12. List of items applied for (five copies of tho list to bo furnished). Separate sets of lists should be furnished for items of tools, jigs, and equipments

am Pt. S.No. Country of import C.I.F. Value

It(

(WO I/We hereby doclare that the prices charged for books/ journals/periodicals exported were not less than tho listed foreign prices minus a discount of not more than 40%. In casos whore no foreign price was listed, the books/journals/periodicals were exported for a price not less than the listed Indian price converted into foreign currency at the official change rate, minus the usual trade discount not exceeding 40%.

13. C.I.F. value of canalised items, if applied for .

14.

(v/tf) I/we declare that the figures on tho basis of which this application for replenishment licence is made do not include exports of books/journals/periodicals intonded for internal uso only and prohibited from being oxported.

C.I.F. value of other Itoms, if desired from stocks of STC/MMTC. .

(tx) I/we declare that the exports have been mado at a price not less than the minimum floor price fixed by tho re- gistering authority.

Signature

(a) Is a Letter of Authority desired ? If so, namo of the firm In whoso favour it isdestred

15.

Name in Block Letters

Designation (b) Name of Directors, Par- tners, Proprietor or Kar- ta as the case may bo .

Residential Address The Customs House where the Import, Licence, If granted will bo registered .

Date

16.

APPENDIX 4—Contd.

ANNEXUREX

(Para 114 of Chapter V)

BANK CERTIFICATE OF PAYMENTS

This is to certify that the following bills covering exports of

to foreign countries drawn have been negotiated and proceeds as given below received by us as by M/s per exchangecontrol regulations in the approved manner. We also certify that payments thereof have not been received in non-convcrtiblc Rupee Account or under any special bilateral trade agreement.

Description of goods exported

Date of lixports

SI. No.

Dale on which payment

Invoice No.and Date

Amount received in India (in rupees).

GR1/PP Form No. and date

F.O.B. value of goods as declared by the Exporters

was received by the Bank

Country/ Countries to which exports have been made

Bill of Landing Postal Receipt and/or Airways Bill No. and date

Date on which the proceeds L,f foreign exchange were actually credited to the exporter account

In Case of part payments, ot the BiD, the lot No. of the Invoice against which payments have been received

7

8

9

10

5

2

6

11 3

4

12

1

Official Stamp Signature of Manager. Authorised Officer of the Bank.

NOTES: (1) Tits Bank Cortiflcate should be on tho Bank's letter head and should bear the Official Stamp of the Bank.

(2) Tlih Certificate will b" issued only after the full proceeds of the Bill havo been realised, however, in tho case of receipt

of part payment of a Bill, against losts covered by it, the certificate may be issued.

Date of advice of payrasnt of tha collecting/remitting Bank abroad.

ANNEXURE X-A

(Para 114 of Chapter V)

B\vitt CSimFICATB OF PAYMENT AGAINST SALE OF CARPETS TO FOREION TOURISTS

This is to certify that the payment against tlw following bills covering C.I.F./C.F./F.O.B. value of Carpets made by M/s

,

to the Foreign tourists has been received by us as per exchange control ^sutations In tho approved manner We also certify that payment taaro of has not been received in Non-convertiblo Rupees Account or under any bilateral Trade Agreement.

Description of goods otported

Invoice No. and

Froight chargas

Insuranco charges

SI. No.

Dete of Exports

Date of Deposit, of the currency

date

F.O.B. valuo of goods

Amount received in India (In Rs.)

Date of realisation of payment

GRI/PP Form No. & date

Bill of Landing receipt and or Airway Bill No. & date

banks draft or cheque as tho case may be, in the Bank

3

4

5

6

7

10

2

9

8

1

12

n

Signature of the Manager, Authorised Officer of tho Bank with Official Stamp.

NOTE:—1. The B ink Certificate should be on tho Bank's letter head and should bear the Official stamp of the Bank.

2. This applies only in the case of personal cheque, drawn by the foreign tourists on foreign Banks.

APPENDIX 4—Contd.

ANNEXURE XI

CHARTERED ACCOUNTANT CERTIFICATE OF EXPORTS

To

(Name and address of the licensing authority). We

(Name and address of the oxportor) hereby declare that we have made (Licensing period) as per particulars given as export's under. Equity participation during under :—

Invoice Description of Bill of Destination of Bill Freight Insurance F.O.B. G.I.R./P.P No. and Goods landing PP Goods amount umount amount Equivalent form No.

date

receipt/No. c.i.f./c.& f./

and dato

f.o.b.

Wo further declare that the aforesaid particulars are correct and that they relate to exports made udder 'Equity Participation'.

Copies of invoices and other documents rolevants to these oxports are attached.

(Signatute of Exporter)

~~ Ref. No

Date Place

CHARTERED ACCOUNTANT CERTIFICATE

This is to certify that wo have checked and verified the above particulars of exports from the books/documents of M/s

and found correct.

(Signature of the Chartered Accountant

Official Stamp.

Full Address Regd. No

ANNEXURE XTI

VOUCHER OF SALE TO FOREIGN TOURISTS

Sr. No

(/) Name and nationality of the tourist to whom the sale is made .

(v) Details of the foreign currency and foreign traveller's cheques given bv the tourist

(//) Passport Number of the

Signature of

tourist

the tourist

Registration

Number

Signature of

Dealer

NoTE:~Please read condition on the reverse.

(1) Copy to be delivered to the foreign (

tourist

(White)

(2) Copy to be sent, alongwlth import (/v) Sale value In foreign ox- change and the rupee equlvalont

licence application . . . (Yellow) (3) Copy to be retained by the dealer (Pink)

ANNEXURE XITI

fl*ara 110 nf rhnntftr VI

NAME AND ADDRESS OF THE FIRM

Statement showing particulars of tourist sales effected during the period

against

which import liconce is being claimed.

Rupees

Remarks SI. No.

Product sold to tourists

Description of products sold

F.O.B. value in

rupoos of the

items sold for

(indicate pro- duct Group

No. and date of sale voucher/ cash memo/ order.

which replenishment is claimed

equivalent of the foreign exchange realised in res- pect of the items

on which

and tho S. No. of section to which the product sold

F.O.B. value on which entitlement is being claimed (This should be lesser of the two value shown in Cols. 5 & 6) belongs)

replenishment is claimed here (figures from

B/Q

1

2

3

4

5

6

7

8

N.B.—<1) Values In column 7 should be totalled.

(1) This statement of particulars should be signed by the applicant signing the application form,

APPENDIX 4— Contd.

(Para 119 of chapter V)

ANNEXURB XIIIA

Application form for Licence for replenishment of Raw Materials

(c) Value (C.I.F.) in Rupees

against Export of Gem and Jewellery, Items.

1. Name of applicant

(<0 Country(s) of Shipment (") Country(s) of origin

Full Postal Address i—

(f) The Customs Housec

(0 House/Shop No. ,

where the import licence, if granted, will be regis- tered . . ..

(//) Name of the Street/ Road . . ..

{til) Name of the Looality

8. Category of Exporter (i. e., Manufacturer or Merchant).

(/v) Namo of State

(v) Telegraphio Address

9, Name and address of the fectoty where the im- ported raw material will be fabricated for export.

2. Registration No. allotted to Income-tax Verification Cer- tificate or exemption there- from . . ..

10. Whether applicant has fact- ory of his own or not, If not, what arc the standing ar- rangements with the manu- facturers of the product.

3. No. and Date of Treasury Re- ceipt showing payment of requisite foes (Treasury Re- ceipt to be attached

11. Particulars of licences, if any obtained under any other Schome

4. (a) Whether the application is preferred on quarterly/ or half yoarly basis

12. Information to be furnished in case of application against past exports

(6) The month/quarter for which the application is made . . .. (c) The quarter/half year in which payments were received in respect of each consignment .

(a) Description r of goods exported (please furnish Invoises with connected relevant shipping docu- ment, etc.) .

(b) Real value of the goods exported as declared bo- fore the Customs au- thorities

5. (a) Whether tho applicant¹! name has boon registered for any of the Gem and jewellery items under erstwhile E.P. Scheme or by Gem and Jewellery Council, If so

(c) F.O.B. value of payment received during the prece- ding quarter (in ru- pees) . . ..

(i) the authority by whom registration was made

(tf) Bank certificate (as per Proforma enclosed with No. date and the name of the Bank) .

ii) No. and date of certificate of Regis- tration (copy to be enclosed).

(tii) Date of application for registration

(6) The date on which the last application was sub- mitted preferably with reference number of I. T.C. authority to whom itwasrnado .

(") |,Whether the exports against which the pre- sent application is made have been untilised for claiming any Import li- oences by way of barter or for capital goods or in discharge of any export obligation or for import licence under any other scheme . • .

(c) Classification of these items under I. T. C. Sche- dule . . ..

(f) Whether tho exports have been made on outright sale/consignment/ appro- val basis

6. (a) Items of exports for which registered. .

(6) Classification under I.T.

C. Schedule .

7. (a) Full description of raw- materials to be Imported.

(g) The amount of commis- sion or discount paid or payable (at a later date by the exporter) to the foreign agent on tho ox- ports covered by the application .

(6) Classification under

I.T.C. Schedule part and Serial No. .

13. (a) Date of establishment of business In India. ,

APPENDIX 4— Contd.

ANNEXURE XIV

(Para 120 of Chapter V)

VOUCHER OF SALE TO FOREIGN TOURISTS

(b) Nature of the concern whether Public or pri- vate Ltd. or Partnership or Proprlotory or Hindu Undivided Family concern.

(c) Namo of Directors, Part- ners, Proprietor or Karta as the case may bo. . . . .

(d) Details of branches or associated companies (Name and Locations) (0 In India .

(") Abroad .

(e) Have any branches or associated companies mentioned in (d) or any m of the gentlemen naraod in (c) applied for an lm- pot licence for import of goods falling under tho same serial number or sub-item of serial number for tho same period if so, give details

(/) Whether the Constitu- tion of the firm has un- dergone any change after the exports have been effected

14. Full details of the enclosures attached,) with the applica- tion, (every oopy of the document should be marked as a true copy and signed beneath by tho applicant) . . . S. No. "Naturo of the

documents"

(/) I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and belief. 1/ wo fully understand that any licence granted me/us on the basis of the statement furnished is liable to compilation, in ad- dition to any othor penalty that the Government may impose having regard to the circumstances, of the case, if it is found that any ofthe statements of facts therein are incorrect or false.

DECLARATION

(ft) I/We hereby declare :—

(a) that no other application for import licence has boen made or will be made in future to the licensing authority on the basis of the exports covored by this application.

(b) I/We have not under invoiced or over invoiced our exports.

Signature

Name in Block Letters

Designation

Residential Address

Date ... _

Sr. No

(0 Namo and nationality of the tourist to whom tho sale is made ,

(H) Passport No. of the tou-

rist

(III) Description of the

Item(s) sold :

(tv) Sale value in foreign ex- change and the rupees equivalent

(v) Details of the foreign currency and foreign currency traveller's che- ques given by the Tourist..,

Signature of the Tourist Signature of Exporter

Registration Number

Signature and Seal ofthe Customs

Note:—Please read condition on the reverse.

(1) Copy to be stiched on the passport . (White)

(2) Copy to be delivered^to the foreign

Tourist

(Green)

(3) Copy to be sent alongwith import li- cence application . . ..

(4) Copy to be retained by the Exporter

(Yellow) (Pick)

Note:—Articles purchased under this voucher are totally prohibited from being sold gifted or other wise disposed of within the territory of India to any person.

ANNEXURE XV

(Para 122—of Chapter V)

FORM OF APPLICATION FOR GRANT OF ADVANCE LICENCES AGAINST SPECIFIC EXPORT ORDERS BY REGISTERED EXPORTERS

PART—I

PARTICULARS OF APPLICANT :

1. Name of the applicant

2. Full Postal Address:

House/ShoP No. Name of Street/Road. Name of Locality andjeity. Name of State.

3. Name of the industry:

(i) Address and location of

Factory.

(ft) End Products manufac-

tured therein.

4, Date of establishment of busi-

ness In India.

5. Nature of the concern, whether Public Company or Private Ltd. Company, Partnership or Hin- du Undivided Family concern 6. Names of directors, partners, proprietor or Karta as the case may be

7. Details of Head Office of the applicant firm and its branches or associated companies (Name & Location) (0 India: . . .. (fl) Abroad i . . .

8. Registration No. allotted to Income Tax Verification Cer- tificate or Exemption there- from. Also attach attested copy of IVC Registration/ exemption number. If no current IVC number Is held, the previous IVC No. may be given. (If the application is made to the same licensing authority which issued the IVC Number, an attested copy need not bo sent with the application.)

9. (a) No. and date of Registration

Certificate Issued by the con- cerned Export Promotion Council/Commodity Board In the case of export house, also quote the No. and date export house cer- tificate and attach a photostat copy thereof. . . .. (b) Date upto which EP regis- tration Is valid. (c) Product or product group for which registered. (d) Whether registered as mer- chant exporter, manufa- cturer exporter or export house. • . ..

10. Whether DGTD or SSI unit. In the case of on export house, give the name(s) of sup- porting manufacturer (s) to whom the imported material would be given for manufac- ture of finished goods for exe- cution of the export order and specify whether they are DGTD or SSI unit

11. Registration No. allotted to the applioant by the Director General Technical Develop- ment (in the case of firms borne on the list of DGTD)/ State Directorate of industries (in the case of SSI Units) or any other authority competent to register a unit as a manufac- turer. In the case of an export house, give Registra- tion No. of the supporting niamifacturer(s).

12. Treasury Receipt No. and date (Treasury Receipt to bo attached in original) . ..

PART—II APPENDIX A—Contd.

(0 Item/Items of Export covered by the Export Order/Orders.

07) F.O.B (WO Name of_the foreign buy- ers and the country of export.

(iv) Delivery period of export products covered by the export order, ,

(v) Whether any exports against the export order in question have already been made, if BO. In- dicate the f. o. b. value thereof.

(vO (a) Whether the ex- port order is backed by irrevocable L/C or any advance payment (Please furnish a photos- tat copy of the Letter of Credit).

OR

(b) Whether the export order Is on the basis of different mode ol payment like sight Draft, D.A.

Or| (c) Whether the ap- plicant has entered into an arrangement whereby he would make the payment of the imported ma- terial out of the ex- port earniDgs of the product to be ex- ported. .

ORJ 00 Whether the foreign buyers have agreed to supply the import- ed materials free of charge on the con- dition that the same will be exported after processing and finish- ing. I . (vtf) The amount of com- mission or discount paid or payable(at alater date by the exporter) to the foreign agent on the ex- port covered by the application. .

2. (0 Whether the products to be exported arc covered by the Import Policy for Re- gistered Exporters (Please give the reference No. of the export products as indicated in the Red Book). (ft) Import replenishment per- centage admissible under the REP against the export order.

3. Particulars regarding value of Licence applied for and previous advance licences.

W0 fclf. value of the licence

p applied for.

1, Particulars of the Export order

and mode of Payment from

abroad . . ..

APPENDIX 4—Contd.

ANNBXURE XVI

(Para 126 of Chapter V)

Form of application for "Imprest licences"

Licensing period 1Jt _,_.

A, Particulars of the Applicant

1. Name of the Applicant

2. Full Postal Address

(il) Description of the materials sought to bu imported (Please indicate the com- plete description)! quantity and c.i.f. value of each item desired to be imported.) (///) Past export performance in respect of the export pro- ducts covered by the export order. (Furnish a state- ment of exports made during the last 3 years, in- dicating the fob value and country of exports.)

(7v) Was any advance licence

issued in the past?

(i) Houso/ShoP No. . (//) Name of Street/Road (ffl) Name of locality . 0'v) Name of State

(v) If so, whether the export obligation against the licences is still outstanding

3. Telegraphic Address] . .

4. Address and location of the

factory

(W) If the export obligation either in part or in full remains to be completed, please give the particulars of the same as under :—

(a) Licence number and date.

5. Name of the Industry and the purpose for which the itaw materials/components aro required.

(A) Name of the licence issuing

6. Description of goods manu-

authority .

factured . . ..

(c) Licence-wise value of the ex-

port obligation fixed.

B. Particulars of application

(d) Time limit allowed for fulfilling the export obli- gation

7. Treasury Receipt No. and date (TR to be attached in original) . . ..

(e) Value of the export obliga- tion already fulfilled aginst each licence.

(/) Reasons for not fulfilling the

8. Registration No. allotted to Income Tax Verification Cer- tificate or (Exemption there- from . . ..

export obligation.

4. List of documents enclosed.

DECLARATION

9. F.O.B. value of Exports made by the applicant in the pre- ceding year in respect of ex- port products in the speci- fied product groups as per relevant policy (Attach state- ment as required as per rele- vant policy) . . •

1. I/Wchereby declare that if this licence is granted, the goods will be utilised only for consumption as raw materjajs/ccnTo- nents or accessories in our factory and that no portion thereof will be sold or permitted to be used by any other party.

10. C.I.F. value of import li- cences received by the appli- cant under the import policy for registered Exporters dur- ing the preceding year whe- ther as a manufacturer against exports of products falling in specified product groups as per relevant policy (Attach statement as requi- red as per relevant policy).

2. I / WJ hereby declare that the above statements are true and correct to the best of ray/our knowledge and belief. I/We fully understand that any licence granted to me/us on the basis of ths statement furnished is liable to cancellation, or being tnads ineffective in addition to any penalty that the Govermein miy impose or any other action that may be taken having re- gird to th s circumstances of the case if it is found that any of the sta-;.n:nts or facts thorein arc incorrect or false.

11. List of items applied for im- port (6 copies of tho list to be furnishod) . . ..

12. (a) Total c.i.f. value appli-

ed for

Signature ,

Name in Block Letters

(b) C.LF. value of canalised items if applied for (In- dicate value separately for each item)

Designation

Residential Address

13. Is a letter of Authority desi- red? If so. name of tho firm in whose favour it is desired,

Date

14—G-ICCofI&E/76

APPENDIX l~C

14. iThe | ^ustom) IHouse ,! jwhere the; (import licence if granted will;bo registered.

3. Nature of the concern, whe- ther Public or Private Ltd., Company, Partnership or Hindu Undivided family concern. . . ..

DECLARATION

I/W" hereby declare that the particulars and statement In this application arc true to the best of my/our knowledge I and nothing has been concealed or with held therefrom,

6. Name of Directors, Partners, proprietors or Karta as tho case may be

I/Wo hereby undertake that any licence granted on the basis of this application shall be liable to cancellation or being made ineffective 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 incorret or misleading.

7. Details of Head Office of the applicant firm and its bran- ches or associated com- panies (Name and Lo- cation)

(0 In India .

Signature

Name in Block Letters

(") Abroad .

Designation

Residential Address

Date

8. Registration No. allotted to Income Tax Verification Certificate or exemption therefrom

ANNEXURE XVII

9. Treasury Receipt No. and date (Treasury Receipt to bo attached in original)

(Pm-a 126 of Chapter V)

10. C.I.F. value In rupees of the

Profonna of abstract of the Export Contract

Iicence(s) applied for

1. Name of the Registered Ex- porter . . ..

2. Registration No. & date of issued by the Export Promo- tion Council/Commodity Board . . ..

Terms of Date of payment contract

Details of delivery period

Descrip- tion of produces) to be exported

Value of each (products) to be exported

Oversea buyers' name with whom contract has been execu- ted.

3

4

2

5 6

1

11. (a) Details of foreign ex- change earned during the previous financial year, April-March, dn technical consultancy services rendered to clients abroad or for doing construtlon work abroad (Foreign ex- change earned against exports of goods should be excluded, full details of foreign exchange ear- ning through technical consultancy services shoujfj be furnished In a separate sheet, item by item. The statement should be supported and the amount of foreign exchange earned cer- tified by the Bank through which such earnings were re- ceived into this country)

Signature and stamp of the Constituted Attorney of tho regis- tered Exporter.

ANNEXURE XVJTI

(Para 127 of Chapter V)

Form of Application lor ad-hoc Licences to Technical

Consultancy Finns/ Construction Firms

(ft) The amount of Com- mission or discount paid or payable (at a later date by the exporter) to the foreign agent on the ex- port covered by tho ap- plication.

1. Name of the applicant

2. Full Postal Address .

(0 House/Shop No. (H) Name of jStreet/Road (HI) Name of Locality and

12. List of items applied for (Five Copies, of the list to be furnished)— Sep- rate sets of lists should bo furnished for

City

(fv) Name of (State

(0 Iron and Steel items and ferro-aloys.

3. Telegraphic Address .

4. Date of establishment of

business In India.

(") Items sought to be imported from Ru- pee Payment Area.

APPENDIX 4—Contd.

13. Is a letter of authority

desired 7 If so name oi' the (I mi in whose favour it is desired.

14. The Customs House where the import licence, if granted, will be regis- tered.

DECLARATION

We hereby declare—(0 that no other application for import licence has been made or will be made in future to the licensing authority , during the current licensing year; (It) tho statements made in this application are true and correct to the best of our knowledge and behalf; (til) if tho licence is granted the goods will be utilised only in our office and no portion thereof will be sold or permitted to bo used by any other party.

We fully understand that any licence granted to us on the basis of this application is liable to cancellation or being mado ineffective in addition to any other penalty that the Government may imposo or any other action that may be taken having regard to the circumstances of the case, if it is fo und that any of these statement of facts therein is incorrect or false.

Signature

Name in Block Letters

Designation

Residential Address

Date

ANNEXURE XIX

9. Bnd use or purpose for which requited (i. e. whether for replacement balancing, modernisation or research and develop- ment) . . ..

10. Products exported & value of replenishment licen- ce admissible.

11. Total C.I.F. value of machinery for which application for import against R.li.P entitlement has already been made in the same licensing period.

12. Remark.

UNDERTAKING

I/We hereby undertake that :—

(a) As a result of grant of import licence for machinery the production will not exceed the capacity for which my/our firm is licensed;

(b) I/We will not take up the production of items for which

my/our firm is not licenced.

(c)j T/Wo will first apply for an industrial licence if/my/our

firm exceeds the limits of small scale unit.

Signature

Name in Block Letters

Designation

Residential Address

Place

(Para 126 Chapter V)

FORM OF APPLICATION FOR IMPORT OF

MACHINERY

1. Name of applicant .

2. Full postal Address .

Date

ANNEXURE XX

(Para 127 of Chapter V)

Office of the

(0 House/Shop No.

(") Name of Stroet/Ro ad

(ill) Name of Locality .

(iv) Name of State

3. Telegraphic Address .

4. Address & Location .

factory . . ..

5. No. and date of Regis- tration certificate issued to the applicant unit (DGTD/SST)

6. (0 Description of ma-

chinery (Catalogue descriptive litera- ture & Proforma in- voice to enclosed)

(tl) I.T.C. No.

7. C.I.F. Value .

8. Country of Import ,

•

Proforma to be filled by the Sponsoring Authorities in respect of Additional items recommended under the provision of Sec- tion I of Volumo H of the Import Trade Control Policy Book for April 1976-March 1977.

1. Name of the Registered Exporter (Merchant-Ex porter or Manufactu- rer Exporter) .

2. In case of nomination, [name of the nominace- manufacturer .

3. Description of the Ex- port Products or sub-group product or part, com- ponent, material for which tie has been nominated.

4. C.I.F. value of the lice-

nce claimed or Issue.

5. Items recommended for

import.

APPENDIX 4—Contd.

Description of Goods I.T.C. Serial/

Sub-serial No.

ANNEXURE XXI

Face Value/quanti-

tive restriction, if

any

(1)

(2)

0)

(4)

(a) Items indicated at S. No. (s) are re- quired for manufacture of the exported product:

(6) Items Indicated at So No.(s) are required for manufacture of the part, component or material used in the manufacture of the exported product for which he has been nominated.

(c) Items indicated at S. No. (S) arerequired in the process of manufacture of the exported product.

(d) Items indicated at S. (s) are required for us

as packing material for the exported product;

(e) Items indicated S. No. (s) are required for manu- facture of tools required in the process of manufacture of the exported product.

(Strike out whatever is not applicable)

This is to further certify :

(/) that the items are permissible to the Actual users un- der the current Import policy in Volume I

(//) that the items are permissible to the Actual users on a restricted basis, under the current Import Policy in Volume, I

(///) that the items are permissible to the Actual users for Export Production only under the current Import Policy in Volume I

(Strike out whatever is not applicable).

Essentiality of the items is also certified and there is no objection to their import from indigenous angle.

Export assistance on supplies made by Indian firms against orders placed by U.N. Organisations for use in their Aid Programmes in India against payment in free foreign exchange and against supplies made by Indian firms in India in respect of IBRD/IDA aided projects in India.

Applications for Import replenishment licences pertaining to the above mentioned supply of goods should be made to the Joint Chief Controller of Imports & Exports, Central Licensing Area, Inderprashtha Estate, New Delhi accompanied by a treasury challan of Rs. 50/- towards application fees and other prescribed documents.

2. Applications should be made on quarterly or half-yearly basis as laid down Intho import policy for Registered Exporters. Applicants registered under the simplified Payment scheme may, however, submit their appoication on monthly basis.

3. Applicants who participate in such supplies and claim import replenishment benefits should be registered with the respective Export Promotion Council or Commodity Board under the prescribed procedure for registration.

4. Import replenishment licences are normally Issued in relation to the fob value of exports. However, for the purpose of such supplies, the value on which Import replenishment will be calculated will be the "F. O. B. nearest rail nead to the cus- tom's centre/project site" value.

5. Applications should be made in the prescribed form, supported by sale invoice duly authenticated by the project authority .

6. Import replenishment benefits on such supplies will be admissible if the payments for such supplies ere made in accor- dance with the payment procedure for procurement under IBRD/IDA regulations. The registered Exporters supplying the goods should furnish a certificate from the bank or from the concerned project authority to the effect that the supplies have been paid for by them in accordance with the procurement regulations of the connerned aid giving Organisation.

7. The Registered Exporter may also obtain a certificate from the concerned project authority indicating therein details the orders placed em the supplier on the basis of interna- tional competitive bidding in respect of projects financed by IDA/IBRD. This certificate, in original, should be furnished by the Registered Exporter with the first application for the grant of export assistance.

Signature

(Name in Block letters)

Designation

Office

No.

Date

Place —

8. In respect of supplies made for the projects financed by IBRD/IDA in India, the Registered Exporter can claim export assistance in accordance with the procedure laid down for the grant of similar assistance where physical exports take place i.e. without waiting for the project authority certifying that the payment has been made in full. However, applications for the grant of export assistance will not be related to the supplies made but to the extent the payment has been made to the Re- gistered Exporter by the project authority. In other words, the supplier should prefer claim on monthly or quarterly or half-yearly basis as the case may be to the extent payment has been received during the relevant period for which the application is made. A certificate in the form appended to this Annexure (Form I) should be furnished along with the application claiming export assistance in the case where the certificate is issued by the project authority concerned. In other casea, the certificate in the form given in Form IT to this Annexure should be obtained from the bank and furnished along with the application.,If the project authority is not a public sector undertaking or a Govemmentdepartment, the application should be supported by a certificate of the project authority as in Form I as well as a bank certificate as In FORM II . The certificate which the supplier has to produce regard- ing receipt of full payment is given in FORM III to this Annexure which should be submitted along with the final claim.

9. With each import application, the Registered Exporter should also furnish an undertaking in the form given in FORM IV to this Annexure,

APPENDIX 4—Contd.

10. For determining the ratejrf import replenishment, the crucial date will be taken as the date of supply which would be treated as the date of export. In the case of registered contracts, the crucial date will be taken in accordance with the procedure for registration of contracts.

11. In the case of supplies made in India against orders placed by U. N. Organisations or other multi-national agencies, the application for import replenishment should be made in the prescribed form supported oy the following :~~

(i) invoice of sale of goods to the U. N. Organisation or other multi-national agencies, duly authenticated by the agency concerned.

(ii) bank certificate in tho prescribed proforma as a proof of payment having been received against the supplies in free foreign exchange;

(iii) a declaration from the applicant in the form given

in Form IV to this Annexure ; and

(iv) a certificate issued by tho agency which received the goods in the form given in Form V to this Annexure.

12. Exporters aro also advised to consult the various Cir- culars issued by tho Ministry of Commerce from time to time, through Export Promotion Councils concerned

FORM I

Certificate for instalment payment to be issued by tho pro-

ject authorities.

(in words

Certified that goods of quantity and value as described below and also in the application have been supplied to us and we have paid the suppliers viz. M/s a sum of Rs (being percent of the value of goods) against the aforesaid supplies. It is further certified that the supplies have been made in terms of contract secured against global tenders in the prefect being un- dertaken by us with the assistance of IBRD/IDA.

Station Signature

Name

Date Designation

Name of the project

Description, quantity & value of goods supplied.

Signature

Name

Designation

Name of the Project

FORM II

Certificate for Instalment payment to be issued bv the

Bankers In lieu of the certificate from the project authorities.

Certified that the goods of quantity and value as described below and In the application have been supplied to (name of jhe ect authority ) and the suppliers have been paid n of Rs (in words) (being %of the value of the goods) against tho aforesaid supplies. It Is further certified that the said sup- plies havo been mado in terms of contract secured against global tenders In the project being undertaken by the project authority with the assistance of IBRD/IDA.

Station Signature

Date Name

Designation

Seal of the Bank

Description, quantity and value of goods supplied.

Signatures

Name

Designation

Seal of the bank

FORM III

Certificate for Final payment to be issued by the project

authorities.

Certified that goods of quantity and value as described below and In the application have been supplied to us and wo have paid a sum of Rs (in words) to the suppliers in full and final settlement. We further cer- tify that the supplies have been made in terms of contract secured against global tenders In the project being undertaken by us with the assistance of IBRD/IDA and that tfie supplies have been acceptzd by us at site at the prices stated in tho invoice. Station Signature

Date Name

Designation

Name of the project

Description, quantity and valuo of goods supplied

Signature

Name

Designation

Name of the project

FORM IV

UNDERTAKING

We M/s ——undertako to surrender Import entitlement against supplies made to the pro- ject (Name of tho pro- ject) with the assistance of (name of the aid giving agency) If any refund Is made by us to tho project authorities against the supplies for which tho accompanying application has been made.

Signature

Name In Block Letters

Station Designation

Date Name of applicant firm

APPENDIX \~-Comd.

FORM V

DECLARATION

We hereby declare .that the :—

(a) panfculars staled above are correct;

(b) the goods as mentioned in this application have been in terms of supplied to the contracts secured by us;

(c) the payments against these supplies have been received

in free foreign exchange; and

(d) the supplies have been made at international prices.

Signature

Station Name in Block Letters Date Designation

3. Applications for advance licences under the Duty Exem- ption Scheme should be made in tho form given in Form II to this Annexure. Applications should be made, in quadrupli- cate (four copies), two of which should be sent to the Chief Controller of Imports & Exports, Udyog Bhavan, New Delhi (E. P. II Section) and one each to the Directorate General of Technical Development (E. P. Directorate) Udyog Bhavan, New Delhi and the Deputy Secretary (Drawback), Ministry of Finance, Department of Revenue & Insurance, Jeevnn Deep Building, Parliament Street, New Delhi,

4. The application should be accompanied by the following :

(0 A list of raw materials, components and consumables, with quantity and cif value of each item sought to be imported. (Each page of the list should be signed by the Chief Executive of the applicant concern or any other person duly authorised by the applicant in this behalf, and by a Chartered Engineer who is not an employee of the applicant).

Name of applicant firm

Certificate to be issued by the agency concerned

Certified that goods of the description, quantity and value as given below and in the application have been supplied to us for use in our aid programmes in India and we have paid the suppliers, in full, in free foreign exchange. We further cer- tify that these supplies will not be used for our own purposes but will be used only for the aid programmes in India under- taken by us. We are satisfied that the supplies have been made at international prices.

Signature

Station Name Date Designation

Description, quantity & value of goods supplied

Signature

Name

Designation

ANNEXURE XXII

Subject: Export Production—Exemption from payment of customs duty on Imports against advance licences under the import policy for Registered Exporters.

Attention is invited to the Ministry of Finance (Depart- ment of Revenue &, Insurance) Notification dated 31st Jan- uary 1976 as published in the Gazette of India dated 7th Feb- rurary 1976 on the above subject, a copy of which is at Form I to this Annexurc.

2. The Duty Exemptionp Schemes will apply to advance licences issued under the import policy for Registered Expor- ttrs in r""pect of raw materials specified in the afpresaid noti- fication of the Ministry of Finance. The facility will be available to all those cases in which an advance licence for the specified raw materials is claimed in the namo of a manufacturer whether he is himself an exporter or has been named by an export house/merchant exporter which received the export order. In the latter case also, although tho exports for the execution of the export order may have to be made by the export house/ merchant exporter, it will be on obligation on ihe manufac- turer receiving the advance licence to comply with all the con- ditions of the licence and the Duty Exemption Scheme. This scheme will not apply to cases in which an advance licence is issued in the name of export house or merchant exporter.

(ii) A certificate in the prescribed form appearing in Form III to this Annexure, duly signed by tho Chief Executive of the applicant concern or any other person duly authorised by tho applicant in this behalf and by a Chartered Engineer.

5. Applications will be examined by the DGTD from technical angle, They will make their recommendation in the proforma appearing in Form IV to this Annexure. Thereafter, the applications will be considered by the Advance Licensing Committee under the CCl & E, New Delhi. Based on the de- cision taken, advance licences will bo issued by the regional licensing authorities concerned. In such cases, the facility of direct import by a Letter of Authority will be available even in respect of those raw materials covered by the scheme, the import of which is canalised through a public sector agency and for which ordinarily only Release Orders are to be issued under the import policy for Registered Exporters. Tho licence will be endorsed as "Advance Licence under Duty Exemption Scheme". The licence shall be subject tio the condition, inter alia, that the goods imported against the licence shall be used exclusively in the execution of the export order in relation to which the licence has been issued and exports made on or after the date of issue of the Duty Exemption Entitlement Certificate only will be taken into account for the discharge of export obligation.

6. After obtaining the advance licence from the licensing authority concerned, the licence-holder will be required to ap- proach the Deputy Secretary (Drawback), Ministry of Finance, Department of Revenue & Insurance, Jeevan Deep Building, Parliament Street, New Delhi for obtaining Duty Exemption Entitlement Certificate as referred to in the Notification issued by the Ministry of Finance and reproduced in Form 1 to this Annexure.

7. Before clearance of the first consignment against the above import licence, the licensee shall execute an export bond with the licensing authority concerned in a prescribed form. At the time of import, the licence-holder shall submit along with the relevant Bill of Entry, the advance licence and the Duty Exemption Entitlement Certificate, and also make a clear declaration, along with other declarations, in the Bill of Entry that the goods are to be cleared without payment of customs duty under the duty exemption Notification issued by the Min- istry of Finance and also give reference to the relative advance licence/Duty Exemption Entitlement Certificate in the said declaration. The customs authority will check this declaration and make endorsement of importation on the Duty Exem- ption Entitlement Certificate.

8. When the export in discharge of the obligation against the advance licence and the Duty Exemption Entitlement Certi- ficate is made, the exporter shall make a specific declaration in the relevant shipping bill that the export is covered by the duty exemption entitlement certificate, also giving the numbej and date of the certificate in the declaration. The customs authority will check the declaration and make endorsement of shipment on the Duty Exemption Entitlement Certifi- cate.

APPENDIX 4—Otfrf.

9. After the obligatory exports have been completed, the manufacturer to whom the advance licence was issued will himself check whether the exempted materials havo been fully utilised for the manufacture of the resultant product and the corresponding exports of the resultant products have been completed as required under the Duty Exemption Entitlement Certificate. If any quantity of the exempted material has been left unutilised on which customs duty is leviablo but for the exemption, the manufacturer shall forthwith pay such duty by submitting a Bill of Entry, Where for some reason or the other, the exports to the extent as specified in the,fDuty Exempt- ion Entitlement Certificate do not take place, the manufacturer shall pay the duty on the proportionate quantity of exempt material corresponding to ihe products not exported. He shall also pay the customs duty on any excess material that has been left over after utilisation in the resultant products and completion of all the corresponding exports. The duty shall be paid at the customs house through which exempt mate- rials were imported. These provisions about payment of duty will be without prejudice to any other action that may be taken under the import control regulations for failure to discharge the export obligation.

10. After the Duty Exemption Entitlement Certificate has been returned by the customs house, the manufacturer con- cerned will complete Parts 'H' & T of the Duty Exemption Entitlement Certificate and satisfy himself that the quantity of exempt materials imported havo been fully accounted for either by way of shipment in full of the specified corresponding ex- ports or by way of paying duty leviable but for exemption, and thereafter submit the certificate to the licensing authority concerned for redemption of the export bond.

FORM—I

•TO BE PUBLISHED IN PART—II SECTION (ill) OF THE GAZETTE OF INDIA DATED THE 7TH FEBRUARY. 1976

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(Department of Revenue and Insurance)

New Delhi, the 31st January, 1976.

NOTIFICATION

CUSTOMS

G S R. In exercise of the powers conferred by sub-section

(1) of Section 25 of the Customs Act, 1962 (52 of 1962), read with sub-section (4) of Section 31 of the Finance Act, 1975 (25 of 1975), the Central Government, being satisfied that it is necessary In the public interest so to do, hereby exempts, the goods specified in the First Schedule to this Notification and imported against an Advance Licence issued under the Imports (Control) Order, 1955, being materials required to be imported for the purpose of manufacturing goods for execution of an export order, from the duty of Customs and the auxiliary duty of Customs leviable thereon, subject to the following con- ditions, namely :—

(a) The materials imported are covered in respect of value, quantity, description, quality and technical characteristics by a duty exemption entitlement certificate;

(b) the importer at the time of clearance of the imported materials, makes a claim in writing to the Collector of Customs for exemption from the duty of customs and the auxiliary duty of customs and execute a bond before such authority as may be approved by the Central Government for complying with the conditions specified in this notification;

(c) the exempt materials shall be used in the manufacture of such resultant products and in such factories as are specified in tho duty exemption entitlement certificate;

(d) the exempt materials or any portion thereof shall not be sold or otherwise transferred to any other person, or utilised or permitted to be utilised in any othor manner, without the previous permission of the committee;

(e) the goods corresponding to the resultant products in respect of value, quantity, description, quality and technical characteristics are exported within the time specified in the said

—tiflcate.

EXPLANATION:—In this notification :—

(i) "Advance Licence" means a licence issued to a person under the Imports (Control) Order, 1955 in accordance with the relevant Import Trade Control Policy and approved by the Committee for import of materials, components and parts required for production to meet specific export orders;

f (ii) "Committee* means the Inter Departmental Com- mittee as constituted by the Central Government under the Office Memorandum of the Government of Indifl in the Ministry of Commerce No : 1 (3)/66-EAC dated the 26th June, 1967 for the time being in force or as reconstituted by the Central Government from time to time;

[(iii) "duty exemption entitlement certificate" means the certificate granted by the Committee in the form specified in the Second Schedule to this Notification;

(iv) "exempt materials" means all imported materials covered by the list of materials specified in the duty exemption entitlement certificate and eligible for exemp- tion from duty under this notification;

(v) "materials" means goods which are raw-materials (whether consumable or not) and includes semis, components and intermediate products used in the manufacture of goods and their packings;

(vi) "resultant product" means the goods in the manu- facture of which exempt materials are to be used.

FIRST SCHEDULE

S.No. Description of tho goods

Item No. In the First Schedule to the Indian Tariff Act, 1934

2

3 1

Transformer Oil . . . .. 27 (3> 1.

Electrolytic Manganese Dioxide .

28 2.

Electro Plating Salts and Brightoner

28 3.

Insulating paper

44 4.

Condensor paper . . . .. 44 5.

Kraft Board

44(4) 6.

Ashestos Manufactures . . .. 58(i) 7.

Iron Cement . . . .. 59 8.

9. Iron or steel Angle, Channel, beam (not fabricated).

63(2)(a)

10.

63(3) Iron and steel (other than alloy tool or special steel) bar and rod. . . . ..

Die blocks

11.

63(3), 63(28), or 63(30)

68(8) Iron or steel blooms, billets . . ..

12.

63(14) Iron or steel strips . . . ..

13.

14.

63(18)

15.

63(19) Iron or steel pipes and tubes and fittings thereof Iron or steel plates excluding cast iron plates and stainless steel plates . . ..

16.

63(20) Iron or steol sheets other than high silicon electrical steel sheets and stainless steel sheets Stainless steel plates, sheets and strips .

83(2DA) 17.

APPENDIX 4—Contd,

47. Component Parts of Scooters and motor

75(2) 18. Guide rails for cranes and lifts

63(28) or 72(3)

cycles

19. Wheel sets for rail wagons and coaches,

semifinished or fully finished

63 (28) or 74(3)

48. Component parts of motor vehicles, namely cylinder liners, fuel injection equipment, piston assembly, engine bearings, dash board instruments and crank shafts.

20, Rods or bars or flats of alloy, tool or special

63(30)

steel . . . . . ..

21. High silicon Electrical steel shcots .

63(31)

84(2)

22. Copper unwrought, ingots, blooms, slabs, cakes, tiles, blocks, bricks, billets, cathode, blister, bars (electrolytic wire- bars)

64(5)

23. Copper pipes and tubes. . . . .

24. Nickel, pellets, cakes, slabs, anodes, shots,

49. Epoxy resin . . . . .. 50. Polypropylene 51. Silicon chips/wafers . . .. 52. Fibre Glass 53. Acetylene black . . . . .. 54. Asbest fibres 55. Industrial Diamonds. . . . ..

75(9) to 75(12) or 75 (12) (A) 82 (3)(a) 82(3Xa) 87 87 87 87 87

65(i)

blocks, granules and briquettes. .

67(3)

25. Lead ingots and pigs . . . ..

SECOND SCHEDULE

26, Zinc unwrought including cakes, bars,

D U TY EXEMPTION ENTITLEMENT CERTIFICATE

68(1)

blocks, ingots hard or soft slabs and plates.

(This consists of pages).

69

27. Tin Block

Serial No Date of issue

This is issued in favour of

2 8. Tungsten Wire, Molybdenum wire and

filament lead-in-wire

—•—• — (Importer's name and

70(1) or 73(23)

full address)

70(2)

29. Crude Antimony .

Materials imported against Advance Licence No.

70(7)

30. Mercury, Platinum, Palladium and Tangsten

31. Component parts of power and industrial

toilers . . . . . ..

72(3)

72(3)

32. Component parts of cement making machinery

d

72(3)

33. Component parts of thermal power plants aa boilers . . . . . ..

d a t e d— issued by—— to the above importer and covered by the list of materials specified under Part 'C of this certificate would be eligible to exemption from Import duty subject to the conditions specified in the noti- fication on the subject. The exempt material will be used in the manufacture of the corresponding resultant product as specified under Part 'E' of this Certificate in the factory/factories of tho Importer specified in Part *A' of this certificate except in respect of ancilliaries to the resultant product which may be manufac- tured in the factory/factories specified in part 'B' of this certificate.

34, Component parts of diesel generating sets

72(3)

35. Component parts of textile machinery .

72(3)

The importer shall make tho corresponding exporters within — — — — -• • •• ——of the date of issue of this certificate.

36. Component parts of machino tools namely

antifirlction bearings and oil seals

72(3)

A bond in terms of condition (b) of the notification afore- said for Rs. shall be executed before the customs clearance of the goods.

37. Component parts of earth moving machinery 72(3) or 75

After completion of exports this certificate shall be produced with endorsements for discharge of the bond. The authority after discharging tho bond shall return this certificate to the issuing authority.

38. Component, parts of diesel engines namely crank shafts, bearings, and cylinder blocks. 72(3)

Office Signature

39. Electrical components of diesel generating sets 72(3) or 73

Seal

(Issuing authority) Date:

40. Component parts of sugar manufacturing and refining machinery . . . .. 72(25)

Bond(s) in terms of condition (b) of the notification afore- said executed on for Rs ( R u p e e s . . ..

41. Ball Bearings and roller bearings .

) and registered under

72(35) to 72(38)

with this office.

42. Electrical components of armatures, com-

putcrdynamos and filed coils

73

Signature Address Date:

43. Crystal displays and Metal Oxide semi con-

ductor chips

73 or 87

OFFICE SEAL

44. Components of Wireless reception and transmission apparatus . . ..

PART 'A'

Name and addresses of factories of the holder of this Certi-

73 (2) 73 (l6) , 73 (11) or 73(13)

ficate where the resultant products will be manufactured.

45 Electrode carbon Rods for dry Cells

73(7)(b)

PART 'B¹

46. P.V.C. separators for batteries

Names and addresses of the factories where the ancilliaries

73(7)(b) or

73(15) (b)

to the resultant product will be manufactured,

APPENDIX 4—Contd.

PART "C

LIST OF MATERIALS

Quality

S. No. Description

Limits (Max)

Serial No. of the corresponding resultant products.

Technical

characteristics

Quantity C.I.F. valuo

1

7

4

5

6

2 3

PART 'D'

EXEMPT MATERIALS

DUTIES LEVIABLE BUT FOR EXEMPTION PARTICULARS OF IMPORTS

Quantity

Rate of duty

Description

Value

Sr. No.

Amount of duty involved

Signature of the Customs Officer.

Corres- ponding No. in the list of materials.

B/E No. &dato & name of Customs House of Import

Item No. in the first Schedule to the Indian Tariff Act.

6

9

2

3

4

5

7

S

10 1

PART 'E'

RESULTANT PRODUCT

Description

Quality

Value

S. No.

Qty.

Technical

Characteristics

Sr. No. of the cor- responding Item in the cost of materials.

7 I

2

3

5

6

4

PART (F'

PARTICULARS OF EXPORTS

Sr. No. of

Particulars of Shipments

Sr. No.

Net weight of

Quantity

F.O.B. Value

Signature of trie Customs Corresponding resultant product

S/B/ No. & Date

Officer.

Name of tho Custom House of Shipment.

tho export pro- product.

1

2

4

5

6

3

7

8

APPENDIX 4—Contd.

PART 'G'

Duties paid on exempt material in respect of which tho conditions of the nodfication^are not fulfilled.

S.No.

Date of Payment

Amount of duty

Particulars of duty S. No. of exempt

Endorsement of the

payment documents

material

Customs Officer.

1

2

3

4

5

6

FORM—IT

PART 'H*

CERTIFICATE OF DECLARATION OF UTILISATION

FORM OF APPLICATION FOR GRANT OF ADVANCE LICENCES AOAINST SPECIFIC EXPORT ORDERS BY REGISTERED EXPORTERS UNDER CUSTOMS DUTY

EXEMPTION SCHEME.

Name I, Power of Attorney holder of

PART—I

(Importers) having their factory premises at——-—•———- in whose favour

PARTICULARS OF APPLICANT :

1. Name of the applicant :

2. Full Postal Address :

3. House/Shop No.

Name of Street/Road. Name of Locality and city Name of State

this duty exemption entitlement certificate No. dated———— —-—has been Issued, have satis- fied myself personally that the exempt materials as specified in pages — -have been used in the factory premises mentioned at pages — and in the manner specified in the notification except for item Nos. of quantity, value • on which the import duties as required under the notification have been paid (vide details in part 'G').

3. Name of the Industry:

OFFICE STAMP Signature

(i) Address and location of

Factory.

Designation

WITNESS Address

Date

(ii) End Products (includ- ing byes-products and intermediate pro- ducts) manufactured therein.

4. Date of establishment of

business in India:

PART T

We request that bond executed No.—• — — __

may be discharged.

5. Nature of the concern, whether Public Company or Private Ltd. company Partnership or Hindu Un- divided family concern :

Signature of the

importer „

6. Names of Directors, Part- ners, proprietor orKartaas the case may be;

Bond No. — —— —— -registered at

Serial No. dated — for Rs. (Rupees . — -— ) dis- charged on after having satisfied mysdf that all the conditions of the abovo bond have been fulfilled.

7. Details of Head Office of the applicant firm and its branches or associated companies (Name & Location), (i) India : (ii) Abroad : .

Office Signature:

Seal

Dated : Designation :

Audi tod and chocked with returns from the Customs House.

Signature :

8. Registration No. allotted to Income Tax Verification Certificate or Exemption therefrom. Also attach attested or photostat copy of 1VC Registration/Exemp- tion number, if no current IVC number is held, the previous IVC No. may be given .

Designation:

Sd

(C. BHUJANGASWAMY) Deputy Secretary;

NOTIFICATION No. 5 (F. No. 6O2/33/75-DPK.)

9. No. and date of Regis- tration Certificate issued by the concerned Export Promotion Council/Com- modity Board (Photostat copy of the Registration Certificate to be furnished)

APPENDIX 4—Contd.

PART—II

10. Whether DGTD or SSI Unit . . ..

1. PARTICULARS OF THE EXPORT ORDER AND MODE OF PAY- MENT FROM ABROAD.

11. Registration No. allotted to the applicant by tlic Director General Tech- nical Development (in the case of firms borne on the list of DGTD)/State Direc- torates of Industries (in the case of SSI Units) or any other authority com- petent to register a unit as a manufacturer.

(i) Resultant Products : viz. Item/Items of Export covered by the Export Or- der/Orders for which it is considered that imported materials as listed in (3) below exempt from cus- toms duties are essentially required.

12. Treasury Receipt No. and date (Treasury Receipt to be attached in original).

FOB value

Quantity

Description

Quality

Total FOB

Sr, No.

value

Tech. Charact- eristics

per unit of Quantity

Weight or unit of Qty if other than by weight

6

5

2

4

7

1

3

8

OR

(ii) F.O.B. value

(iii) Name of the foreign buyers and the country of export.

(iv) Delivery period of

(d) Whether the foreign buyers have agreed to supply the imported materials free of charge on tho condition that that tho same will be exported after pro- cessing and finishing.

export products covered by the ex- port order.

(vii) The amount of com-

(v) Whether any exports against the export order in question havo already been made, if so, indicate the f.o.b. value thereof.

mission or discount paid or payable (at a later date by the ex- porter) to the foreign agent on the exports covered by the applica- tion.

(vi) (a) Whether the ex- port order is backed by irrevocable L/C or any advance pay- ment (Please furnish a photostat copy of the letter of Credit).

OR

2. (i) Whether the products to be exported are covered by tho Import Policy for Registered Exporter (Please give the reference No. of the export products as indicated in the Red Book).

(ii) Import replenishment percentage admissible under the REP against the export order.

(b) Whether the oxport order is on the basis of different mode of payment like sight Draft, D.A.

(Hi) Drawback Schedule Numbers under which the products fall.

(c) Whether tho applicant has entered into an arrangement whereby he would make the payment of (he im- ported material out of Iho export earnings of the product to be exported.

(iv) Whether any brand rato has been fixed for this product or applied for. If so, the reference number of the Draw- back Director's file.

APPENDIX 4—Contd.

to bo imported duty free

3. Particulars and value of Licence applied for and previous advance licences—

(a) arranged and shown separately for each kind of export product.

(i) Materials required

. Quality

Technical

S.No.

Description

Total quantity

Characteristics

Quantity required per unit of result-

ant product

S. No. of the resultant product for which they are required

2

4

6

3

5

7 1

Purpose of requirement Additional information regarding (a) and

(b) of 12

Total GIF

value

Approx. C.I. F. Value per unit quantity

Weight or unl of quantity if other than by weight

Bye-product if any Recoverable wastage

whether identical material is indige- nously available, if so, exfactory price plus Central Excise

duty if any o

Qty. value

Qty. value

contained in the final product or (b) not — ontalned in the final product but rapidly consumed in the manufacturing pro- cess or (c) for special kind of packing material)

12

11

13

9

10

8

Total CIF value

Rate of duties

S. No. of I.C.T.

Arranged material- wise -Description,

(b) S.No.

(Approx)

S. Nos. in (a) above which fall

Total qty. required

S. No. & Part No. oflTC

Total duties from which exemption is asked for quality Tech.

Characteristics under this description

4

5

3

6

7

8

9 2

1

(c) Information for all indigenous materials contained in the final product.

Quality

S. No. of the resultant Description

S.No.

product for which they

Total quantity

Tech. characteristics

are required

required

Weight per unit of quantity other than by weight

Quantity required per unit of resultant product

2

3

4

7

5

6

1

8

(a) Licence number and date . . ..

(b) Name of the licence

issuing authority

(c) Licence-wise value of the export obligation fixed.

(il) Past export perfor- mance in respect of the export products co- vered by the export order. (Furnish a statement of exports made during the last 3 years, indicating the fob value and coun- try of exports) .

(d)j Time limit allowed for fulfilling the export obligation , . .

(Ill) Was any advance li- cence issued In the past . . ..

(iv) If, so, whether the ex- port obligation against the licences Is still outstanding

(e) Value of the export obligation already ful- filled against each licence

(f) Reasons for not ful- filling the export ob- ligation . , .

4. List of documents enclosed.

(v) If the export obliga- tion either In part or in full remains to be completed, please give the particulars of the same as under :—

APPENDIX 4—Concld.

DECLARATION

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 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/We fully understand that any licence granted to jne/us on the basis of the statement furnished is liable to cancellation, or being made ineffective in addition to any 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 statements or facts therein are incorrect or false.

Signature

Name in Block letters

Designation

Residential Address

Date:

FORM III

(To be filled by the Chief Executive of tho applicant com-

pany an 1 a Chartered Engineer who is not an employed of thoj Company)

Certification under the Duty Exemption Scheme for im- port of Raw Materials, Components and Consumables under the Registered Exporters Policy for execution of specific ex- port contracts.

PART—I

On behalf of the applicant company, I hereby certify that the imported raw materials, components and onsumables and the quantities and c.i.f. values stated against each as given in the list appended to this application (containing items of total CIF value of Rs and covoring pages) under the Registered Exporters Policy, are actually required for the execution of the specific export contracts for —

• — - — - —— against which

this application is being made. Enclosure: LIST. SIGNATURE —

NAME AND — DESIGNATION OF THE CHIEF EXECUTIVE OR DULY AUTHORISED PERSON,

NAME AND ADDRESS OF — THE COMPANY

SEAL OF THE COMPANY

Place

Date

NOTE : Tho description of goods in tho list should be clear

and specific.

PART—II

(To be filled in by the Chartered Engineer)

1 have examined the applicant company's import require- ments of raw materials, components and consumables, both as regards their technical description/specifications and the quantity against each item of imports, having due regard to proper technical norms and of consumption and after technical scrutiny of relevant designs and drawings and hereby certify that they are correct in all these respects and are actually re- quired for the execution of the export contracts(s) for— •—

The list of items covers pages and contains

items for a total CIF value of Rs

SIGNATURE

NAME DESIGNATION ADDRESS

NAME AND ADDRESS OF THE INSTITUTION UNDER WHICH CHARTERED.

REFERENCE AND DATE OF CORPORATE MEMBERSHIP.

Place

Date

The Chartered Engineer signing the certificate should not be an employee of the applicant. In the case of public sector and Government Undertakes, the ccrtificato can be signed by Chartered Engineer even if he is an employee of the applicant Company.

FORM IV (To be filled by DGTD)

Certification under the Duty Exemption Scheme for import of Raw Materials, Components and Consumables under the Registered Exporters Policy for execution of specific export contracts.

We have examined the import requirements covered by this application in the light of the certification by the applicant company's Chief Executive* duly authorised person and Chartered Engineer. We certify that the materials, compo- nents and consumables. and the quantities thereof, as cer- tified by the Chartered Engineer are reasonable and are essen- tial for the production of the equipment/products contracted for exports. We have no objection to their import from indige- nous angle

2 We do not recommend the import of the following

items :—

SIGNATURE

NAME AND DESIGNATION OF THE DEVELOPMENT OFFICER INCHARGE OF THE INDUSTRY IN DGTD - — — __

Place Date

APPENDIX 5

(Vide Para 13 of Chapter II)

Subject; Registration Scheme—Principles governing allotment

of X.V.C. numbers.

The following decisions taken by the Q ovcrninent of India in connection with the production of Income-tax Verification Certificates and the allotment of Registration Numbers and the procedure to be adopted for applying for exemption frcm the production of such certificates lire hereby published for general information.

2. The allotment of both Income-tax Verification Registratio i

Numbers and Exemption Numbers will only be done by the following authorities whose jurisdiction is shown in Annexure The certificate may also be issued in Bombay rnd Calcutta by the Headquarters Assistant Commissioners i t Income-tax and in Madras and Delhi by the Inspecting Assistant Commis- sioner of Income-tax.

m :—

1. Joint Chief Controller of Imports and Exports, 4, Espla-

nade East, Calcutta.

2. Joint Chief Controller of Imports and Exports, Centra Govt. Offices, New Building S.E. Wing, New Marine Lines Church Gate, Bombay.

3. Joint Chief Controller of Imports and Exports. Customs

House, Madras.

4. Joint Chief Controller of Imports and Exports, Central Licensing Area, Indra Prastha Bhawan 'A' Wing, New Delhi.

5. Deputy Chief Controller of Imports and Exports, Panjim,

(Goa).

6. Deputy Chief Controller of Imports and Exports, Kanpur.

7. Deputy Chief Controller of Imports and Exports, Erna-

kulam.

8. Deputy Chief Controller of Imports nnd Exports, Hydera-

bad.

9. Deputy Chief Controller of Imports and Exports, Ahmeda-

bad.

10. Deputy Chief Controller of Imports and Exports, Bangalor e.

11- Controller of Imports and Exports, Srinagar.

12. Controller of Imports and Exports, Rajkct.

13. Controller of Imports and Exports, Visakhapatnrm.

14. Controller of Imports and Exports, Pcndichcrry.

15. Controller of Imports and Exports, Amritsar.

16. Controller of Imports and Exports, Shillong.

17. Controller of Imports and Exports, New Kandla.

3. The prospective] applicants for import ; licences except those mentioned in paragraphs 6 and 14 below should make an application In the form prescribed in Annexure I to this Appendix and present it In duplicate to the proper Income-tax authority (specified in paragraph 4 below) who will then verify the parti- culars from their records, subscribe the necessary verification certificate on one copy and return it to the applicant so as to enable him to forward the same to one of the officers referred to in the proceeding paragraph. The applicant should note that each page of the Income-tax Assessment Certificate should bear the seal and signature of the Income-tax Officer concerned. It is not necessary to obtain a separate number from each licens- ing authority as for instance, a Registration Number allotted by the Joint Chief Controller of Imports and Exports, Calcutta, will be held valid by the Joint Chief Controller of Imports and Exports, Bombay and vice versa and so on. Applicants should quote the I.V.C. Registration number, if any. allotted to them by the import Trade Control Authorities during the last two annual licensing periods.

4. The proper inc< me-tax authorities for the purpise *fl] be the Income-tax Office if the Circle, Wild u Hittrict where the applicant is assessed or is assessable to income-tux.

5. The Registration Number allotted against a complete Income-tax Verification Certificate will be valid foV the financial year in which the certificate is issued and for the subsequent three financial years. For instance, on an income-tax officer's certificate issued during the period from April, 1968 to March 1969 the Registration Number would be valid for the financial-years April 1968—March 1969, April 1969—March 1970, April 1970—March 1971 and April 1971—March 1972. For this purpose, a distinct symbol is given on the Registration Number which shows the month as well as the year when its validity expires. It would be in tho interest of applicants if Income-tax Verification Numbers arc duly obtained by them well in advance of the expiry of the old number. However, in cases of genuine difficulty, the licensing authority may grant a licence even after the expiry of the validity of the I.V.C. No. subject to the condition that the applicant shall produce the valid I.V.C, No. before the end of the licensing period. This concession will be available only for one licensing period.

*

6. Such Government or ScmJ-Government institutions as are not liable to income-tax need not apply ft r either the Regist- ration or Exemption Number and may submit applications for licences without quoting their number,

7. The following classes of applicants are required to obtain exemption numbers and should apply in the prescribed form given in Annexure I to the proper authority as prescribed in Annexure III :—

(t) Applicants who had no taxable income during tiny of

tho previous five years; and

(//) Those who are not liable to tax under section 10 to ]3

of the Income-tax Act., 1961.

(HI) Co-operative societies which are net liable to tax undei

section 81 of the Inccrne tax-Act, 19f].

8. (o)(l) Applicants whosecases are governed by paragraph 7 above, will be required to declare on a stamped affidavit in the form given in Annexure 11, before a Magistrate, an Oath Com- missioner, Notary Public or an assistant Registrar of High Court the fact that they had no income in the past five,'years liable to a tax giving the reasons therefor, or that they are exempt from payment of tax under Section 10 to 13 of the Income tax Act, 1961 or they are Co-operative societies which are not liable to tax under section 81 of the Income Tax Act, 1961 as the case may be and present such affidavit along with the application (Annexure I) in duplicate and such other document as have been prescribed to the Income tax Officer concerned. The Income- tax Officer will after satisfying himself of the correctness of the fact stated In the affidavit endorse the appropriate certficaies on the application and return the original application except the duplicate. All other documents the affidavits and the duplicate copies of the enclosure mentioned in item 9 of Annexure I will be retained by the Income-tax Officer. The deponent will there upon present the application along with the other prescribed accompaniments to the allotting authority conferred.

(2) Where 'however' an applicant who is (would have been) liable to tax in the status of an individual or Hindu Family has been submitting regularly during the past five years his returns of the total income to the Income-tax Officer but no tax was levied as the income was below taxable limit he need not file any affidavit.

8. (b) Where in case falling under paragraph 7 the applicant Is a "Private Limited Company", "Public Limited Company", "Partnership Concern", "Proprietary Concern", "Association

APPENDIX 5—Contd.

of Persons" the applications for exemption number should be accompanied by the following documents :

(0 Private Limited Companies—IVC/affidavit only from Directors/Shareholders who hold moie than 10 per cent of the share company or value of whose holding is Rs. 10,000 or above about their income from all source for the past five years.

(H) Public Limited CompaDies~TncorPoration Cenificate

to prove that this is Public Limited Company.

(b) Applicants from foreign territories who are conducting their business in India and also thoso Indians who are conducting business in Nepal, Tibet or any other adjoining foreign territory besides business in India will be required to produce Income-tax Verification Certificate, etc., like other applicants.

(c) Other applicants who claim that they have no office or branch in India should furnish an affidavit to tho effect that their tirm is constituted of non-Indian nationals, only.

ATSTNEXURE I

Form of Certificate of Income-tax Assessment to be pro-

duced by an Applicant for Import Licence

(Hi) Partnership Concerns and Association c,f Pcrsctis (other than Co-operative Societies)—Inct mc-lLX Veri- fication Certificates or affidavits of all partners/memtei s of Association of Persons about their income fjom all sources for the last five years.

(/v) Proprietory Concerns—Income-tax, Verification Certi- ficate or Affidavit of the proprietor about hit, income from all sources for the past five years. [No affidavit need be filed in respect of cases covered by paragraph 8(a)(2.]

(v) Co-operative Societies—Registration Certificate frcrn Registrar of Co-operative Societies to prove that this is a co-operative society.

9. In the case of the applicant falling under paragraph 7, the authorities mentioned in paragraph 2 nbovc will on pro- duction of the application (Annexure 1) dlily completed, allot an Exemption Number.

10. In the case of the displaced persons who have been fr reed to migrate to India from Pakistan and have not completed cne calendar year of their residence in India, it would not be neces- sary to produce the usual affidavit on a stamped paper to the Income-tax Officers. Such persons will instead produce the Refugee Registration Card or the Camp Commandant Certi- ficate before the Income-tax Officer concerned along with the application (in duplicate) in the prescribed form (Annexure I). The Income-tax Officer will dispense with the production of affidavit and after entering such application in his register will endorse on the original a certificate in the usual frmi incrrpo- rating these facts. The original will be returned to tine appli- cant and the duplicate retained by the Income-tax Officer. On presentation of such a complete document, the authority concerned would allot an Exemption Number.

11. The period of validity of Exemption Numbers will be calculated on the same basis as Is laid down in respect of Inccme tax Registration Numbers vide paragraph 5 abevc.

12. All applications for Import licence should get the Regist- ration Numbers (which Include Exemption Number also) and quote them In the relevant column of their applications for Import licences except as hereinafter provided.

13. In the case of application uf import licences, the pro- duction of Exemption or Registration Numbers has been dli- pensed with in the following cases :

(0 Import of personal belongings of small value.

(it) Unsolicited gifts of small vnlues where no exchange

remittances are involved.

(iii) Goods required for actual use in educational or charit- able Institutions which are exempted from payment of Income-tax.

(iv) Import of goods by individual for their perronal u<-e

not connected wiih trade or manufacture.

14. Foreign Nationals—(a) Applicants who are nationals of Tibet, Nepal, or any other adjoining foreign territory are not required to quote any Registration/Exemption Number provided they do not conduct their business in India and the goods imported will be in transit only to the torritory where the appli- cants roside.

1. (a) Trade name and address of the assessee (in case of Registration Numbers) the applicant (in case of Exemption Numbors).

(6) Names of branches if any of 1 (a) with their addressos.

2. Name and address of the person making this application

and the interest he has in I above.

3. Year in which the business was established,

4. Status for purpose of Incomo-tax assessment :—

(0 Individual.

(ii) Hindu Undivided Family.

(Ill) Company.

(fv) Firm.

(v) Association of persons.

5. The Income-tax Circle/WardyDistrlct in which the appli-

cant is assessed to Income-tax.

6. Line or Lines in which the applicant is doing business

(by major heads).

7. Permanent Account Number (including the notation below the line) as allotted by the Income-tax authorities to the applicant.

8. (a) Where maximum Income-tax paid for during any one

of tho past five years was :—

(a) Upto Rs. 100.

(6) From Rs. 101 to 249.

(c) From Rs. 250 to 499.

(d) From Rs. 500 to 999.

(e) From Rs. 1,000 to 4,999.

(f) From Rs. 5,000 to 9,999.

(g) From Rs. 10,000 and above.

NOTE.—The above entries may be completed also In the case of firms registered under the Income-tax Act, 1961 with refe- rence to the tax that would be payable if assessed as an unregis- tered firm.

(b) In case no final assessment has been made it should be stated whether tax paid in advance (or payable) on tho basis of return filed under section 139(1),(2) 141 and 212(3) of the Tncome-tax Act, 1961 was :—

(a) Upto Rs. 100.

(b) From Rs. 101 to 249.

(c) From Rs. 250 to 499.

(d)From Rs. 500 to 999.

(e) From Rs. 1,000 to 4,999.

(/) From Rs. 5,000 to 9,999.

(g) From Rs. 10,000 and above.

APPENDIX 5~Contd.

NOTE.—'The above entries may be completed also in the case of firms registered under the "Income tax Act, 1961" with rcfo- renco to tho tax that would be payable if assessed as an unregis- tered firm.

• Please attach a list of ;—

(a) Partners with their addresses, if the concern ia a firm.

(6) Persons with their addresses, if the concern is an asso-

ciation.

(c) Adult male members, if it is a family concern.

(d) In the case of Private Limited Companies, the names of all shareholders including tho directors with their addresses.

(e) In case of Public Limited concerns certificate of incorpo- ration to prove that the firm Is a Public Limited Com- pany.

(/) Registration certificate from the Registrar of Co- operative Societies to prove that this is a co-operative society.

10. State the I.V.C. Registration/Exemption number allotted

to the applicant by tho I. T. C. licensing authorities :—

(0 during the last two licensing periods; and

(//) during the current licensing period (in case one has

already been allotted).

11. Number and date of the application, if any already, made to the licensing authority for the allotment of I. V. C, number during the current period.

12. I declare that the above mentioned information is

correct and complete to the best of my information and belief.

Signature of the applicant/ his authorised agent.

(1) Name in tho block letters

(2) Full resldental address (//) There is no Information before me that persons having a substantial intcresl in the applicant coni- pany/bting members of tho applicant associa- tion/being partners of the applicant Qrm are doUboratoly not filling these returns of incomo or not paying their tax demands or not co-operating In facilitating tho completion of tho pending nssoss- monts.

The certificate is valid for one year from the date of issue.

2. This is a case for allotment of Exemption Number.

(0 The partners of tho firm/members of the association of persons (other than co-operative societies) are oithor regular tax payers or have filed the prescribed affidavits, the facts stated in which have been verified.