REGISTERED No, D (D.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3 -Sub-Section (i)
PUBLISHED BY AUTHORITY
No. 41 NEW DELHI. FRIDAY, FEBRUARY 9, ]1979/MAGHA 20, 1900
Separate paging is given to this part in order that it may be filed as a separate
compilation.
195 GI'/78
( 1 3 9)
140 IH1I GAZETTE OF INDIA : EXTRAORDINARY [PAKT II—SEC. 3(i)] 141Excise mid Customs hereby makes the- f- Hewing rennlottons further to amend the I-oreigrt Privileged Persons' (Regulation of Customs Privileges) Rules, 1957, namely :_-
1. (I) These rules may be called the Foreign Privileged Persons' (Regulation of Customs Privileges) Amendment Rules, 1979.
(2) Theyshall come into force on the date of their publica
lion In the Official Gazette.
2. In the Foreign Privileged Persons' (Regulation of Cus- toms Privileges) Rules, 1957 (her inafter referred to as the said rules), for sub-rules (2) and (3) of rule 4A, the following sub-rule shall be substituted, namely :—
"(2) Any privileged person—
(a) may sell or otherwise dispose' of any motor vehicle referred to in sub-rule (1) to anothor privileged person, with the permission of the Central Board of Excise and Customs through the Ministry of External Affairs;
(b) may re-export the motor vehicle, with the permission
of the Ministry of External Affairs;
(c) without prejudice to his rights under clauses (a) and (b), may offer the car for sale or otherwise dispose of to the State Trading Corporation on relinquishing his post or on his transfer out of India, with the permission of the Ministry of External Affairs.
Provided that in case of accldented/totally damaged motor vehicle, where the State Trading Corporation has declined to accept the offer for sale or the offer of the State Trading Corporation is n^t acceptable to the privileged person, such m tor vehicle, with the permission of the Central Board of Excise mid Customs, may be sold or otherwise disposed of to the Insurance Company with whom the motor vehicle was insured without prejudice to his rights to sell or otherwise- dis- pose of the motor vehicle in terms of the provisions of clauses (a) and (b).
(3)(i) Every application for sale or disposal otherwise of a motor vehicle to a privileged person or re-export, under clause (a) or clause (b) of sub-rule (2), shall be made in the Form in Appendix V;
(il) Every application for sale or disposal otherwise of a motor vehicle to the State Trading Corporation, under clause (c) of sub-rule (2), shall be made to the Ministry of External Affairs, in the Form in Appendix VI and in case of accidented/loUilly damaged motor vehicle, the Ministry of External Affairs shall remit the application to the Central Board of Excise and Customs If the State Trading Corporation has declined the offer so made or the offer of the State Trading Corporation is not acceptable to the privileged person.*'
3. Tn rule 5 of the said rules,—
(i) for sutvtule (1), the following sub-rule shall be substi-
tuted, namely :—
CENTRAL BOARD OF EXCISE AND CUSTOMS
NOTIFICATION
New Delhi, the 9th February, 1979
CUSTOMS
"(1) Where goods, other than motor vehicle, arc cleared free of Customs Duty by a privileged person and they are sold or otherwise disposed of by him (other than re-exported) to a non-privllegcci person within three years from the date of their importation, Customs Duty shall be recovered from such privileged person by the Collector or Customs noarest to the headquarters Oi the privileged person concerned.
G.S.R. 66(E). In exorcise of the powers conferred by sub- section (1) of section 157 read with sub-section (3) of section 160 of the Customs Act, 1962 (52 of 1962), the Central Board of
The duty to be recovered shall be assessed in consultation with the Collector of Customs of the port at which the
,142 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART II-rSEC.,,3(i)]•goods "*re imported at tba rates of duty in force, and on the basis of the value at the time of import a tion of the good\."';
(ii) For sub-rule (4), the following sub-rule shall be substi-
tuted, namely :—
•'(4)d) in respect of a motor vehicle sold or otherwise disposed of to the State Trading Corporation under clause (c) o f sub-rule (2> of rule 4A, that Orporatio n shall pay the Customs Duty leviable thereon when tha Corporation purchases or otherwise acquires the motor vehicle from any privileged person within three years from the date of its importation and the provisions of sub-rules (1). (2) and (3) shall apply mutatis mutandis.
(ii) in case of accidented/totally damaged motor vehicle sold or otherwise disposed of to the Insurance Company, the privileged person shall pay the customd duty leviable thereon when such motor vehicle is sold or otherwise disposed of to the Insurance Company within 3 years from the date of its importation and the provisions of sub-rules (!)• (2) and (3) shall apply mutatis mutandis."
4. For Appendices "V" and 'VI' to the said rules, the follow-
ing appendices shall be substituted, namely :—
APPENDIX V
"[See rules 4(2) and 4A(3)]
FORM OF APPLICATION FOR PERMISSION TO RF- EXPORT/SE LL OR DISPOSE OFT HE GOODS IMPORTED/ PURCHASED FROM BOND FREE OF DUTY (TO BE SUBMITTED IN QUADRUPLICATE).
I
(Name and designation of the privileged person or the mc.nber
of the staff)
of (Name of the Mission, Consular Post/Office etc.) hereby state that ! wish to re-export/sell the goods, the descrip- tion of which has been .given in the Schedule annexed hereto, to
(Name and address of the prospective purchaser) who is entitled/'lit)i entitled to exemption from duty on goods imported by him for his personal use/for the official use in his Mission/Office/Consulate. The price for which the goods in question are likely to be sold is approximately Rs I request that the concurrence of the Central Boaid of Excise and Customs/Ministry of External Affairs to this sale/re-export may kindly be communicated to me.
Place : Signature of the applicant Date : Designation of the applicant Name of the Mission'Con- sular Post/Office etc.
SCHEDULE
1. Name of the goods to be sold : 2. Quantity and Registration No. (in case of
motor vehicles)
: 3. Whether imported or purchased from bond : 4. Whether purchased from privileged person,
if so, his name and address
:
5. Whether imported/purchased for personal use/official use fof the Mission, Consulai Post/Office etc.
:
6. Date on whieh exemption certificate was signed
and ?i\en
:
7. Number and date of the Bill of Entry for home consumption under which the goods were cleared through -Customs
8.. Name of the Por t to importation into Tndia 9, Date on which the undertaking was sifted (to be filled in if the goods desired to be sold/ re-exported are motor vehicles)
Place : Date :
APPENDIX VI
FORM OF APPLICATION FOR PERMISSION TO 1 E LL OR DISPOSE OF THE MOTOR VEHICLES IMPORTED OR PURCHASED FROM BOND, FREE OF DUTY, TO THB STATE TRADING CORPORATION OF INDIA LTD. ( f J BE SUBMITTED IN SEXTUPLICATE).
I/We'
(Name and designation of privileged person)
of the staff of
(Name of the Mission. Consular Post. Office) hereby state that I/we wish to sell the motor vehicle, the des- cription of which is given in the Schedule annexed hereto, to the State Trading Corporation of India, New Delhi/Bombay/ Calcutta/Madras. The c.i.f. price of the vehicle proposed to be sold is Rs as per copy of the relevant docu- meits attached herewith. I/We request that the concurrence of the Government of India in the Ministry of External Affairs lo this sale/transfer may kindly to communicated to rm/us.
2. Ln case the State Trading Corporation declines to purchase the vehicle (applicable only for accidented/totally damaged \ehicles) or if the offer of the State Trading Corporation is not acceptable to me/us, the application may be remitted to the Central Board of Excise and Customs for granting permission for sale of the motor vehicle either to the Insurance Company with whom the car is insured, in which case I undertake to pay the Customs duty (for vehicles which have not completed three years from the date of their importation into India); or to any other privileged person, in which case the privileged person will have to apply in Appendix V (in quadruplicate) separately.
place : Signature of applicant. Date : Designation of applicant.
Name of the Mission.
SCHEDULE
1. Name of the goods to be sold : 2. Quantity and Registration No. of the Vehi-
:
cle(s)
3. Whether imported or purchased from bond : 4. Whether purchased from a privileged person,
if so, his name and address
:
5. Whether imported purchased for personal
use/official use of the Mission/Post etc. :
6. Date on which exemption certificate was signed
:
and given
:
1. No. and date of the Bill of Entry for Home Con- sumption under which the goods were cleared through Customs
8. Name ofthe port of importation into Tndia : 9. Dateon which the undertaking was signed :
Pk-ce :
Date :
[Notification No. 32 >F. No.42 1/92/72-Cuv !V,
S. BASU. Under Secy.
Central Board-of Txcisc and Customs
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