REGISTERED No. D. (D)-72
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 162] NEW DELHI, THURSDAY, AUGUST 17, I978/SRAVANA 26, 1900
Separate paging fa given to this Part in order that it may be filed at a separate compilation
MINISTRY OF COMMERCE, CIVIL SUPPLIES &
COOPERATION
(Department of Commerce)
New Delhi, 17th August, 1978
EXPORT TRADE CONTROL
PUBLIC NOTICE NO. 54-LTC (PN)/78
Subject ;—Export of Gold Jewellery.
Attention is invited to the Department of Commerce, Exports (Control) Order No. ECO 1977/AM(67) dated the 17th August 1978, regarding export of Gold Jewellery.
2. Export of Gold Jewellery will be allowed by the concer- ned licensing authorities by licensing endorsement on the Shipping Bill, in accordance with the provisions of the '"Gold Jewellery Export Replenishment Scheme" notified under Department of Commerce Public Notice No. 59 -ITC (PN)/ 78 dated the 17th August, 1978.
(881)
515 GI/78
882 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]3. Along with his application for an export licence as above
the applicant 'ihould furnish :
(i) Number and date of the Registration Certificate issued to the applicant by the Gem and Jewellery Hxport Promotion Council. (This will not apply to cases of the type refetied to in paia 3 of this Scheme).
UiJ Number and date of the Dealer's licence held bv che applicant under the Gold Control Law, and-
(iii) Mumbci and date of the Export House Certificate issued to the applicant by the Chief Controller of Imports and Exports, New Delhi, (This will apply to the cases referred to in para 2 (iii) of the Scheme.),
together with a declaration as under :
"F/We hereby declare that the Registration Ceilificale/ Dealer's licence/Export House Certificate, on the basis of which the application i". made, are valid and have not been cancelled or withdtawn or otherwise made invalid by the concerned Autho- rity."
[File No. 21/4/78-E. IJ
883
884 THE GAZETTE OF INDTA : EXTRAORDINARY PART II—SEC. 1]IMPORT TRADE CONTROL
PUBTIC NOTICE NO. 59 -VIC (PN) /78
New Delhi, the 17th Atigusl, 1978
Subject : Gold Jewellery Export Replenishment Scheme.
Details of the Gold Jewellery Export Replenishment Scheme
are contained in the Appendex to this Public Notice.
2. Applications for export licences (by licensing endorse- ment on Shipping Bills) under this Scheme will be entertained by the concerned licensing authorities from the 21st Auaust, 1978 onwards.
[File No, 4/12/78/EPC]
Appendix to Department of Commerce Public Notice No.
59-ITC(PN)/78 Dated, the 17th August, 1978.
Gold Jewellery Export Replenishment Scheme.
Scope of the scheme.—The items of ornaments allowed for export shall be limited to jewellery made of gold of puritv not less than 0.5833 fineness and will not include studded jewellery. The minimum gold content would correspond to 14 Qs.
(Tt may be noted that exports of studded jewellery are al- ready covered by import replenishment of select items, other than gold and silver, by a separate scheme, vide S. No. I'. 4 of Appendix 17 to the Import Policy, 1978-79).
2. The scheme will be confined to the following categories of persons holding valid Dealer's Licence under the Gold Control law also :—
i) Registered Exporters having valid Registration Certi- ficates issued to them by the Gem & Jewellery Expott Promotion Council.
ii) Co-operative Societies of certified goldsmiths; and
iii) Corporations owned or controlled by Government holding Export House Certificates issued by the Chief Controller of Imports & Exports, New Delhi.
3. Membership of the Gem & Jewellery Export Promotion Council will not be a pre-requisite condition for the category (ii) above to participate in the scheme to begin with, but they should join the Council within a period of 3 months fiom the date of first export.
4. The Gem & Jewellery Export Promotion Council will keep the particulars of the identification marks, if any, of its members under the Hall Marking Scheme of the Indian Stand- ards Institution. But it would not be obligatory on the part of its members of follow the Hall Marking Scheme until futther orders.
5. The scheme provides, for the replenishment of pure gold
to the extent of the quantity/vjltie admissible thereunder against exports made in accotdance with it. Government will notify separately, from time to time, the places and price at which the gold will be sold to the Release Order-holders. Such replenishment will be arranged through the Shite Bank, of India.
6. The scheme will be limited to exports effected agalnsi such orders as are backed by either an irrevocable Letter of Credit or payment on cash-on-deliveiy basis. The documents should be negotiated through authorised exchange dealers only. Each export order should, besides other particulars, specify clearly the following :—
i) the description of the item(s) contracted for;
ii) the weight of each item;
iii) the purity of gold to be used for making each item;
and
ivj the value thereof.
It should relate to j single buyer overseas although It may
cover moie than one item of export.
7. A minimum value added of 33VS per cem over Ihe value of the pure gold content will be insisted upon in respoct of the exports made under the scheme and for the purpose of replenishment of gold. The added value will be calculated by relating the value of the pure gold content in the jewellery exported, at the price notified under Para 5 above, as ruling on the date on which the relevant Shipping Bill is endorsed by the licensing authority under Para 13 below, to the f. o. b. price of the items to be exported, for example, if the f. o, b. price is Rs. 100, the value of pure gold should be Rs. 75 or less.
8. The entitlement to replenishment of gold shall arise oniv after realisation, in foreign exchange, of the export proceeds through an authorised exchange dealer.
9. Exports under the scheme, shall be allowed only by Air freight and through the Customs House at Bombay/Calcutta/ Madras/Delhi.
10. Fxports made under the scheme will not be eligible to
any other incentive.
11. Mode of Exports and its control.—Eligible exporters should apply for endorsement on the Shipping Bill, in the prescribed form, and to the concerned licensing authority as per the Annexure hereto. The application should be sup- ported by a certified copy of the export order referred to in Para 6 above. Where the price contracted for is on c. i. f, basis, the applicant shall also declare the estimated f. o. b. value thereof in the application for the export. (For the pur- pose of replenishment of gold, only the f. o. b. value will be taken into consideration).
12. The Shipping Bill should, inter-alia, contain the exporter's declaration about the weight and the purity of gold used in each item to be exported, and the value of the items to be exported. An extra copy of the Shipping Bill should also bo furnished.
13. The licensing authority will, after satisfying itself about the minimum value added as set down in Para 7 above make an endorsement on the Shipping Bill to permit export, if the application is otherwise in order.
14. Each Shipping Bill, as endorsed, will be valid for ex- ports made only thiough the Customs House IocHtcd at tho place where the licensing office which made the endorsement is situated, and for a period of seven days from the date of the endorsement, excluding, however, that date.
(In the event of the exporter being unable to effect the exports during the period of the said validity, he may apply afresh; no request for extension of validity will be entertained under the scheme).
15. At the time of export, the exporter shall present to the concerned Customs authority, along with the Shipping Bill, three copies of the connected invoice as well as such oiher documentation as may be required by the Customs. Before allowing the export, the said authority will intcr-alia
(i) do the necessary checks to verify that the weight and the purity of gold used in each item for export arc as per the exporter's declaration in the said documents; and
(ii) satisfy itself tha1 the export declared by the exporter is in accordance with the Customs Act and the Foreign Exchange Regulations Act.
16. The weight and the purity of the gold content of the items so passed for export will be verified by the Customs authority, on the relevant Shipping Bills. The Customs autho- rity will also attest the connected invoice and return two such copies to the exporter.
17. The exporter shall, within fifteen days from the date of a realisation, in foreign exchange, of the export proceeds, submit to the same licensing authority as that which endorsed the Shipping Bill, an application, in the prescribed form and manner, for the issue of a Release Order, and attach thereto the Customs attested invoice, the Customs authenticated Ship- ping Bill and the Bank Certificate, in original, evidencing the realisation of the connected foreign exchange. The Licensing authority, will, after verifying the documents, issue a Release Order so as to enable the exporter to secure the replenishment of the pure gold-content of the items exported as above, if the application is otherwise in order.
18. No Release Order issued under the scheme shall bo transferable and each Release Order will be valid for a period of 30 days from the date of its issue.
19. The Release Order will be expressed in terms of gold of 0.999 fineness and for a value determined at the notified price as ruling on the date on which the relevant Shipping Bill was endorsed by the licensing authority. Both quantity and value shall be limiting factors in the case of each Release Order.
20. For the purpose of calculating the quantity of pure gold to be set down in the Release Order, the Licensing autho- rity will multiply the weight of the gold content of the ex- ported items, as certified by the Customs authority which allowed the export, by the following whichever is appro- priate :—
(i) their caratage divided by 24, if the declaration is in carats; or
(ii) their fineness, if the declaration is in fineness.
No allowance will be made for any wastage and the figure of pure gold so calculated will be rounded to the nearnest tenth of a Gramme.
21. The Licensing authority will endorse a copy of the Release Order to the designated office of the State Bank of India located within the area of its own jurisdiction, that is authorised to sell gold under the scheme.
22. The said designated office of the State Bank of India will sell the gold to the Release Ordor-holder at the notified price as ruling on the date of its sale. Where gold of purity less than 0.999 is sold, the State Bank of India will be entitled to make necessary quantitative adjustment, but within the value limit of the connected Release Order. It will sell the gold in multiples of 10 Grammes only. Any balance so left unserviced against a Release Order—or a group of Release Orders presented by the same exporter, on the same date and to the same designated office of the State Bank of India—shall be available to the Release Order-holder alongwith his future entitlement; the State Bank of India will grant him a certi- ficate to the effect.
23. Every Release Order shall be surrendered by the hol- der, in original to the State Bank of India at the time of the purchase of the gold as above, against proper acquittance.
24. Applicability of the Gold Control Law—Gold brought from the State Bank of India under the scheme shall be sub- ject to all the provisions of the Gold Control Law.
885-
3. Jt. CCI&E, Madras : Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Union Territory of Lakshadweep, Pondicherry, Karaikal, Mahe and Yaman.
4. Jt. CCI&E (CLA), New Delhi : Delhi Rajasthan, Punjab, Harayana, Uttar Pradesh, Jammu & Kashmir, Himachal Pradesh and Chandigarh.
Public Notice No. 60-ITC(PN)/78
Subject : Import Policy, 1978-79-Import of Gold.
It has been decided to canalise import of gold through the State Bank of India for the purpose of the Gold Jewellery Export Replenishment Scheme, published under the Department of Commerce Public Notice No. 59 ITC(PN)/78, dated the 17th August, 1978.
2. The following changes shall accordingly be made in the tmport Policy. 1978-79 :—
Si. No.
Amendments Page No. of import Policy 1978-79.
Reference
2
3
I
4
74
Appendix 8
1.
The following additional entry shall be made after the existing entry No. 66 :_ "State Bank of India" 67. Gold."
[File No. 4/12/78/£PC]
ANNEXURE
licensing airfboritiM and tbelr Jiirtodtctton
1. Jt. CCT&E, Bombay Maharashtra, Goa, Daman & Diu, Dadra and Nagar Haveli, Gujarat, Madhya Pradesh.
2. Jt. CC&E Calcutta: West Bengal, Orissa. Assam, Bihar, Sikkim, Meghalaya, Manipur, Nagaland, Arunachal Pradesh, Mizoram, Tripura and Andaman Nicobar Islands.
886 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—Sec. 1]Public Notice No. 61—ITC(PN)/78
Subject: Import of Dodccyl Bcnzcne/Lincar Alkyl Rcnzeuc.
Attention is invited to Para 3 of the Depaitment of Commerce, Public Notice No. 58-11'C(PN)/ 78, dated the 3u! August, 1978, according to which Actual Usen, who aic uble lo pioduce evidence of firm contract with oversea;, suppliers for the supply of dodecyl benzene/linear alkyl benzene with firm delivery at Indian Ports by the 31 st December, 1978 were to approach the canalising agency (State Chemicals and Pharmaceuticals Corporation of India) on or before August J4, 1978 for obtaining clearances in their favour, no as to enable them to submit applications to the concerned regional licensing authorities for direct import of the materials.
2. On the basis of representations made in this regard it has been decided to extend the said date from August 14, 1978 to August 31, 1978. All other terms and conditions shall remain unchanged.
[File No. IPC/65/5/78-79]
K. V. SESHADRI,
CHIEF CONTROLLER OF IMPORTS & EXPORTS
PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD. NEW DELHI-110064