Subject NOT available

click here for IIIF manifest

REGISTERED No. D.(D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 226] NEW DELHI, MONDAY, NOVEMBER 27, 1978/AGRAHAYANA 6, 1900

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

874 GI/78—1

(1153)

MINISTRY OF COMMERCE, CIVIL SUPPLIES AND COOPERATION

(Department of Commerce)

IMPORT TRADE CONTROL

PUBLIC NOTICE NO. 88 ITC (PN)/78

New Delhi the 27th Novembr, 1978

Subjct : Amendment to the Hand Book of Import-Export Proce-

dures, 1978-79.

(F. No. 1/41/74-EPC- (Vol. IV) .—Attention is invited to the

Hand Book of Import-Export Procedure, 1978-79 published

Book at tho appropriate places indicated below:—

SI. No. Pat;e No. Reference

Amendment

"Project Approval Board"

of the Hand Book

3

4

1

2

1

3 Chapter II,

After the existing para 145 the following new para shall be inserted:— "145-A. Composite propo- sals relating to Fertili- zer Projects may bo, how- ever, submitted to the Special Committee of Se- cretaries on Fertilizer Projects, Department of Chemicals and Fertili- zers, New Delhi, instead

Para 19

The existing time limits of "30 days" and "15 days" laid down shall be reduced to "15 days" and "10 days", respectively.

of the Project Approval Board."

The following shall be added

2

3

This para shall bn deleted

Chapter Vin

16

9

Chapter II, Para 21

Para 147

The existing para shall bo

Chapter VIII

10

17

Para 150

at the end :— "Requests for interviews will in suitable cases/ situation? be enter- tained even where the applicant has not made use of the facility avai- lable in para 19 above."

6

3

Chapter IH, Para 42

In the first line, the words "grant of refusal" shall be amended to read as "grant or refusal".

7

4

Chapter IV, Para 47

Tho first sentence shall be substituted by the follow- ing :—

"Licensing offices headed by a Controller except those at Srinagar/Jammu, Panaji (Goa) and New Kandla, arc not autho- rised to issue REP licen- ces."

Chapter VI

9

The following shall be added

5

Para 70

at the end :— "This will, however, not apply to Advance (includ- ing impres) Licences."

amended to read as under:— "150. Attention is specially invited to the provisions of tho Import Policy in this regard. AH applica- tions (including those for their import against im- port replenishment li- cences) should be made only through tho Depart- ment of Electronics (Com- puter Directorate) Vlgyan Bhavan Annexe, Mau- Jana Azad Road, New Delhi to tho Chief Con- troller of Imports & Ex- ports, New Delhi. Where the value of the compu- ter system is more than Rs. 25 lakhs, the import licence will be issued by the Chief Controller of Imports and Exports after approval by the C.G.

Chapter VII

13

Committee." 6

The following shall be added after the first sentence and

Chapter VI (I

20

11

before the second:

Para 117

After the word" Dies" at the end, tho following shall be added :—

f "including drawing dies" "This facility will also be available to such Actual Users as are eligible to import the same goods under Open General Li- cence."

Chapter VIII

7

16

The following shall be added

at the end :—

Para 184-A (inserted vide Department o Commerce Public Notice No. 3MTC (PN)/78 dated 15-5-1978)

Capital Goo<

20 Chapter VIII

12

Para 141

is "Similarly applications for the import of Capital Goods against REP li- cences in accordance with the paras 185-186 below may be made at any time."

After the existing para 184-A, the following shall be in- serted :— "184-B. The provisions of paras 181-184 above shall

be applicable also to the import of Precision mea- suring tools (but not other types of tools) :"

13

20 Chapter VIII The phrase in the 8th and 9th Para 185 lines reading "REP Ii- cences are not more than six months old" shall be amended to read as under :~ "The connected REP licence (s) have an unutilised balance of at least 6 months in the period of validity as on the date of the applications."

14

24 Chapter -X The following shall bo added

clearance by the Depart- ment of Electronics or the Inter-Departmental Com- mittee, the applicant should sent one copy of his import application to the Department of Electronics, New Delhi or the Chief Controller of Imports and Exports, New Delhi, as the case may be, for obtaining clearances. Import li- cences in such cases will be issued by the licensing authorities concerned after the necessary clea- rance has been given."

Para 207 at the end :—

16

32 Chapter XI

Para 273

"Applications should be made in Form 'E' prescribed by import of Capital Goods giving the following infor- mation : (i) justification for import, clearly Indicating the usage to which the ca- mera and VTR will be put to ;

After the existing sub-para (4) the following shall be added :— "(4-A) Amount of commi- ssion or discount paid or payable to foreign agent shall be deducted from the f.o.b. value of exports for the purpose of calculating the import replenishment entitlement."

32 Chapter XI

17

The existing sub-para 276(1) shall be amended to read as

Sub-para 276( ;i) under :—

(ii) catalogue of the pro- ducts sought to be im- ported giving full speci- fications and copy of tho supplier's invoice;

(iii) reasons why the type/ model applied for has been chosen vis-a-vis other available types/ models;

(iv) provision for after-sales service, procurement of tape cassettes/spools on a regular basis as well as estimated requirements of these on an annual ba- sis; and

(v) estimated further require-

ments, if any, of VTRs and came as for the next five years.

15

"(1) Applications for im- port replenishment li- cence should be made so as to reach the licensing authority concerned with- in a period of three months from the end of the period of export or from the end of the period of re- ceipt of sale proceeds in the case of consignment exports, as the case may be. In case where the sale proceeds are received in advance or where exports are made on R.B.I, ap- proved deferred payment terms, the time limit for submission of applica- tions for import reple- nishment will be reckoned with reference to the pe- riod of actual export." 24 Chapter X After the existing para 209, the following shall be in- serted :—

Import applications requiring

18

33 Chapter XI

Para 280

special clearance. "209-A. In cases covered by paras 206,207 and 209 above, requiring special

(0 The opening sentence of sub-para 280 (3) shall be substituted by the following :-—- "Exports of Books &

Newspapers by post made by Registered Exporters who have been allowed by the Reserve Bank of India to effect their ex- ports without observing P.P, formalities or have been allowed to send the documents direct to the consignee without routing the same through _• nor- mal banking channel :—"

(ii) The opening sentence of sub para 280(3) shall be substituted by the follow- ing :—

relaxed in cases where export orders (a) arc supported by irrevocable letters of cred u J) have been received from a Government or a pub- lic sector organisation abroad (or in India in the case of aided (pro- jects). In such cases the censing authority may consider an application for an Advance Licence from an applicant in whose case the export obligations relating to two or more earlier Advance Licences are sti outstand ng.

"Exports of Books & News papers by sea/air made by Registered Exporters who have been allowed by the Reserve Bank of India to effect their export without observing O.R. Form formalities or have been allowed to send their documents direct to the consignee without routing the same through normal banking channels :"

19

34 Chapter XI

Para 280(11)

(i) The opening sentence shall be amended to read as under :—•

NOTE : An obligation will be treated as "outstand- ing" if the concerned Advance Licence/Re- lease Order holder has not, in the opinion of the licensing authority, fulfilled the exports co- vered by it satisfactorily within the proscribed period including any extension of time granted) or (ii) taken expeditious steps to redeem the Duty Exemption Certificates in respect of past Advance Licences against which exports were made 6 months or more earlier."

23 38 Chapter XI The following shall be added "In the case of sale of ocean freight containers, the following documents should be furnished :— (ii) Sub-entry No, (iv) shall bfr substituted by the following:—-

Para 289(7)

"Bank Ceitiflcates (in origi- nal) in the form given in Appendix 10, Annexure V(Form I)."

20

34 Chapter XI

Para 280(12)

The word "By" in the first line shall be amended to read as "to".

21

36 Chapter XI (1) The last sentence of this para shall be deleted, (ii) The following shall be

Para 286

added at the end:—

"In the case of experts on consignment basis, the bank certificate of receipt of foreign exchange should be furnished in the form appearing in Annexure IX in Appen- dix 10 of this Book."

22

38 Chapter XI The following shall be added

at the end:— "In such cases, however, the matcrlal(s) imported against the Advance Li- cence and not used In the manufacture of goods exported for the execu- tion of the relevant ex- port order, can also be used for export produc- tion for execution of further export orders. However, where an importer desires to use the (balance) imported materials for domestic production in his own factory, he should obtain the prior written premis- sion of the licensing authority concerned, giv- ing adequate justifica- tion for not being able to use the said materials for export production." Para28"S)

at the end:— "These provisions mav be

874 O.I./78—2

Para 289(9)

Sub-clause (d)

by the Chief Controller of Imports and Exports, New Delhi, if necessary, in consultation with the Department of Com- merce, New Delhi.

The existing sub-clause (d) shall be amended to read as:— "Note: It will be open to the licensing authority to call for a bank gua- rantee even in cases referred to in (a) and (b) above, having regard to the nature of the item(s) sought to be imported against the Ad- vance Licence(s)".

46 Chapter X11I The following shall be added

25

Para 323

at the end:— "In respect of commodities for which export ceilings are placed at the disposal of one or more of speci- fied licensing authorities, the intending exporter can apply for export 10 any one of such licensing autho- rities. With each export application In such cases, the exporter should file a declaration that he has not made an export application for the same commodity to any other licensing authority (in the same licensing pe- riod.)"

54 Chapter XV

26

The existing provision shall be substituted by the fol- lowing:—

Para 38S(viii)

"Bank receipt/demand draft of Rs. 10/-, as applicable; and".

(2) Any person aggrieved by the decision of the Chief Controller of Im- ports and Exports, New Delhi taken under sub- para (1) above or under para 272 of this Book, may make a representation to him for review of such decision within a period of 60 days from the date of the communication containing the dedicison against which the repre- sentation is made. On consideration of such representations, if it is so decided, the Chief Controller of Imports and Exports, New Delhi, may, cither himself re- register the exporter, or restore registration or he may direct the togistering authority to ro-register such exporter or restore his registration. The re-registration or resto- ration of registration in such cases will be subject to such conditlon(s) at the Chief Controller may decide."

56 Chapter XV

27,

For "1 Kg'¹, read "2 Kgs."

28

After the existing para 397, the following shall b" added:— "Appeal & review applica- tions relating to regia- tration/deregistration of exporters:—

ee

115 Appendix 5, Export Baggage Rules-B. New Articles-{5) Foodstuffs ~T & Coffee. 123 Appendix 7 The existing entry shall be

29

deleted.

Entry No. 3

123 Apperidix-7

30

Entry No. 24

After the words "film stud- ios" occurring In the second line, the following shall be added:— "Film processing labora-

tories,"

125—126 Appendix-8

31

(1) The following shall be added In Column 4 against S. No. H:— "and Mlzoram." 397-A Where an exporter is not satisfied with a decision of a Register- ing Authority listed in Appendix 10 (Anne- xurc I), refusing to regis- ter him or deregistering him, he may prefer an appeal to the Chief Controller of Imports & Exports, New Delhi, within a period of 60 days from the date of the communication con- taining the decision appealed against. Such appeals will be considered

(ii) Jn column 4 agnintt

j !. No. 20, the word "Chander" shall be read as Chandi- garh."

After S. No. 87, the following

32 129

shall be inserted:—

"We have also verified that the date of the connected Mate receipt as indicated in the relevant Shipping Bill is . . .. (date to be given)."

36 139 Appendix 10,

1 2 3

(i) The heading of Column No. 4 namely, "descrip- tion of goods" shall be amended to read as under:—

Annexure V, Bank Certificate of Exports, Form No. ir, Col. 4

Appendix 9, Annexure I, Names of the - branches of the Centra] Bank of India in Maha- rashtra authorised to receive payments.

"Description of goods as given in the customs authenticated shipping bill."

87-A Maiathi Thane Grantha (Distt. Sangraha- Thana). laya Building, Netaji Subhash Bosc Road.

133

33

(ii) In the certificate to be signed by the bankers, the following shall be added :—

The existing entry shall be amended to road as un- der:—

Appendix 10, Annexure I, List of Registering Authorities, S. No. 13, Col. 3

"We have also verified that the date of the connected Mate receipt as indicated in the relevant Shipping Bill is (date to be given)."

37 142-143 Appendix 10, (i) Against S. No. 1, the following shall be deleted from Column (2) ;— "Goa, Daman Diu, Dadra

and Nagar Havel i"

Annexure VIII List of licensing authorities.

(ii) Against S. No. 2, the following shall be added in Column (2):— "Bihar & Orissa" "Wool & Woollen Export Promotion Council, 714, Ashoka Estate, 24 Bara- khamba Road, New Delhi and its regional offices at Cburchgatc Chambers, 7th Floor 5, New Marine Lines, Bom- bay-400020, and 714/3 Gurdev Nagar, Pakho- wal Road, Ludhiana. Or Handloom Export Pro- motion Council, 123, Mount Road, Madras- 600006, in the case of handloom products."

34 133

(iii) After the existing S. No. 16, the new S. No. 17 shall be added and the following entries made in Column (I) & (2):—

The existing entry shall be amended to read as under :—

"Apparels Export Promotion

"17. Controller Goa, of Imports and Daman & Exports, Diu, Dadra Panaji & Nagar (Goa) Haveli." Appendix 10 Annexure T, List of Registering Authorities, S. No. 16, Col. 3

38 154 Statcmsnt

Council Sahyog Build- ing, 4th Floor, 58 Nehru Place, New Delhi-19 and its regional office at Tex- tile Centre, 1st Floor, Poona Street P.D. 'Mcllo Road.Bombay.400009.

138 Appendix 10

35

showing consumption of imported raw materials, components and consum- ables—Notes.

After the existing Note (4)b, the following shall be added :— "5. In the case of public sector undertakings, this statement may be certi- fied by tho Internal Audi- tor of the undertaking." (i) The heading of Col. 3, namely, "Description of goods" shall be amended to read as under:—

39 186 to Appendix 22, 189 Parts I tolTI,

"Description of goods as Tn given in the customs

Annexure V, Bank Certificate of Exports- -Foi No. I

Sub-paras 3(") and (b)

authenticated shipping bill."

(ii) In the certificate to be signed by the bankers, the following shall be

For the existing words "duly certified by a Chartered Accountant in practice who is not a Director or an employee or a Statutory auditor of tho Company", the following shall be substituted:—

"duly certified by a Char- tered Accountant who is nol a Director or an employee of the Com- pany or its associate con- cerns but who may be a statutory auditor of the Company."

40

firm", the following shall be substituted:— "duly certified by a Char- tered Accountant who is not a partner, or an employee of the firm or its associate concerns but who may be a statutory auditor of the firm."

41 207 Appendix 31

Para 5.

, In the sixth line, the figure "41" shall be read as 190-194 Appendix 22, Par's IV to VJ Paras 3(a) and (b)

"70S".

K.V. SESHADRT, Chief Controller of Imports and Exports For the existing words "duly certified by a Chartered Accountant in practice who is not a partner or an employee of the firm or a statutory auditor of the

PRINTED HY THE MANAOER. GOVT. OF INDIA fMSB, RING ROAO, NEW. DBLHt-110064

AND PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DELHI-110054, 1978