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REGISTERED No. D. (D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 111] NEW DELHI, THURSDAY, JULY 7, 1977/ASADHA 16, 1899

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 7th July 1977

SUBJECT —Schedule of conditions relating to the issue of licences for imports under the UK/

India Maintenance Grant, I977

No. 44-ITC (PN)/77 —The terms and conditions governing the issuance of import licences under the U.K./India Maintenance Grant 1977 as given in Appendix to this Public Notice arc notified for information

APPENDIX

LICENSING CONDITIONS FOR IMPORT FROM THE UNITED KINGDOM UNDER THE UK/INDIA MAINTENANCE GRANT, 1977,

General Conditions

1. Each import licence will bear superscription "UK/INDIA MAINTENANCE GRANT 1977". In addition, each impart licence will also bear the Code "R/MG".

(585)

586 THE GAZETTE OF INDIA EXTBAORDINABY PAHX I--SEC. ¹

%. Where an import licence is issued against, tha £ I 5 million Segment earmarked for allo- cations under the import policy for "Established Importers" it will also be affixed with a RUB- BER STAMP "UK/INDIA MAINTENANCE GRANT 1977—£ i 5 MILLION SEGMENT FOR ESTABLISHED IMPORTERS". This will be in addition to the suflix ' R M O" men- tioned m para I above

(NOTE.—The payment procedure and the documentation laid down in paragraphs 9 to II below will apply to allocations under £ I 5 million Segment also.)

3. The import licence will be valid for imports only Irom the U.K (which expression in thte context will include the Channel Islands and the Isle of Man) of goods or materials wholly jr mainly produced or manufactured m the U K.

4 Minimum talue of Import Licence—The minimum value for which an import licei-ce can issue for imports of spares, components and/or raw materials, etc. under the UK/India Main- tenance Grant 1977 is Rs, 10,000/- (Rupees Ten Thousand onlyi This Jimit will, however, not apply to SSI Units, in which case the import licence for a value not less than Rs. 1,000/- (Rupees one thousand only; can be issued by the licensing authority

<; Validity of Import Licence —The import licence will be valid for a period of TWELVE (12) months from the date 01 its issue

6. Intimation of Import Licence particular*;.—Within a fortnight of receipt of the import licence the importers should intimate to the Department of Economic Affairs (Section Officer WE II Section , New Delhi, the details 1 1 import licence viz complete number, date, its value and the Supetscnption theieof together with a photostat copy of the import licence. A copy of the intimation together with a photostat copy ot the import licence should also be endorsed to the Controller of Aid Accounts & Audit fCAA&A), Ministry of Finance (Department of Eco- nomic Aftairs), UCG Bank Building, Parliament Sticer, New Delhi Any changes in the value/ list of goods in the import licence should likewise be communicated along-vuth photostat copy of the import licence to Section Officer, WE II Section (Department of Economic Affairs) and Controller of Aid Accounts & Audit, Ministry of Finance (Department ot Economic Affairs)^ New Delhi. Placement of Orders

7. (a) Ordenng /\r;od.—Firm Orders on CU< (FOB FAS if so desired hy Government Department, Public Sector Undertakings) must be placed on tin; U K suppliers within FOUR (4) months from the date of issue of the impoit licence It may be claniicd here that "Firm Orders" would mean not only the placement ol orders by the Indian importers hut also confirma- tion by U K suppliers in writing within the specified period of four months In other words ordering would not only mean placement of oidcrs on the patt of Indian importers hut also acceptance or confirmation on the part of U K suppliers

(b) Extension m Ordering Period,—In cases whert fnm orders could not be placed within four months for valid reasons, the licensee should approach the Import Licence Issuing Autho- rity, immediately, giving the reasons for the delav in placing orders and indicating the date by which orders would be placed, for getting the ordering period [as prescribed in para 7(3) above], suitably extended Such requests will be considered on merits by the Licensing Authorities- who mav grant extension upto a further maximum period of FOUR months If, however, ex- tension is sought beyond EIGHT months from the date ot issue ot the import licence, such pro- posals will invariably be referred by the Licensing Authorities to the Department of Economic Affairs (WE II Section), Ministry of Finance, Norih Block, New Delhi.

(c) The term "Firm Orders" used m these licensing conditions would connote plflcfmtnt of orders for the full value of the licence within the \ahdity period for ordering and N OT for part of licence \aluc In case an importer has not been able to place orders ior the full value of the licence during the initial or extended \ahditv, vide para 7(b) above, then the licence will be deemed to be available only to the extent to which firm oideis were placed wilhm the validity period for placement ol orders.

(d) The authorised dealer m foreign e\chai ge will not allow any remittance or facihtics fi 1 establishment ot letter of credit unless satisfacloiy documentary evidence is prccuced bv the li- censee, indicating the placement oi firm oiders within the initial four months or the extended period specifically allowed by the licensing authority [refer note below para 8(bV|

Origin of Goods

8. Responsibility ofthe tmpmteri to ensun U.K content*;—(a) Import licences ur e'er the UK| India Maintenance Grant 1977 will normal]} be •valid only for goods and/or matenaJe prccured and produced or manufactured in the United Kingdom The Indian importer will be well advised in hi" own interest to ascertain from the U K. suppliers, beforehand, whcthei the proposed imports contain any non-UK element, and if so, the percentage thereof Under no circumstances "should he enter into a firm commitment or contract with a U K. supplitrr without specifically ascertaining this point.

587

(b) When on such enquiry it is revealed that the goods proposed to be imported have non-UK element, the matter must be biought to the notice of the Ministry of Finance, Department of Economic Affairs (WE II Section), New Delhi for confirmation whether the importer should proceed with the finalisation of his order/contract with the prospective UK supplier In this connection it may be mentioned that in exceptional cases non-UK element upto a limit of 20% of the FOB value of the goods 111 a single contract may be agreed to be financed under the UK/India Maintenance Grant 1977, provided the non-UK content forms an integral psrt of the finishtd products, and the non-UK origin material cannot be used independently of the finished products, proposed to be imported For this purpose the Indian importer should apply for a specific approval enclosing a copy of the Contract Certificate, duly signed by the UK suppliers, jn the prescribed form [Annexure It or Anncxure III (Appendix C or Appendix C Chemicals J— as is appropriate] to the Department of Economic Affairs (WE II Section), Ministry of Finance North Block, New Delhi.

NOTE.—The importers while approaching the authorised Bank for opening a letter of credit arc required to make available (prescribed number of copies) contract and the con- tract certificate, duly signed by the UK suppliers, in addition to other documents that may be needed by that Bank.

Payments

9. Payments to the UK. suppliers.—(a) Payments to the U.K. suppliers can be arranged through normal banking channels, by making remittances

(b) Individual payments must be arranged upon shipment of goods.

(c) All payments must be completed within TWO months of the expiry of import licence or within the period prescribed in the Import Control Policy announced from time to timej whichever is less,

(d) Payments towards Indian Agent's Comrmwon —All payments towards the Indian Agents' Commission should be made in Rupees in India. Such payments will, however, form part of the licence value and will, theiefore, be charged to the licence.

Reimbursement

10. For obtaining reimbursement under the UK/Tndia Maintenance Grant 1977, Govern- ment of [ndia have to furnish to the U K. Authorities*

(a) a copy of a certificate fiom the Contactor concerned in the United Kingdom in the foim sec out in Appendix C or Appendix C (Chemicals) (.Annexure II or III)—which- ever is appropriate, and

(1) In those cn'-es where an Appendix C Certificate (Annexure II) has been provided, a payment Certificate in the form set out in Appendix B (Annexure I) and the m- voicea referred to therein for retention by the Government of the United Kingdom; or

(ii) In those casee where an Appendix C (Chemicals) Certificate (Annexure III) has been provided the appropriate invoices only;

(b) Such other evidence ai the Government of the United Kingdom may from time to time require ot the details of the payment for which reimbursement is requi ltd.

Documentation

11. The importer is responsible to rec that the UK supplier completes and submits the documents detailed below, at the time of claiming payment for the goods supplied¹—

(.a) The original invoice with sufficient number of photo copies or copies by any other process. [The invoice

(b) Sufficient number of copies of the Payment Certificate in the form given in Annexi re I (Appendix B; not required in rerpect of contracts for which Contract Certified (ChemitaL) in the form given 11. Annexure III [Appendix C (.Chemicals)] has b en provided For this purpose, a specimen blank torm of the Payment Certificate in the prescribed form should he attached to the letter of credit for completion by the supplier at the time of obtaining payment.

(c) Adequate number of copies or photostat copies of the Contract Certificate prescribed

in Annexure II or Anr.exure III [Appendix C or Appendix C (Chemical)].

<;gg THE GAZETTE OF OfDIA EXTRAORDINARY PART I—S*C I

ndlan Bank's responsibility to enable the Government of India to obtain Reimbursement

under the U.K. Grant

12. While opening Letter of Ctedit, the authorised Kvchange Bi>nk in Ind'n will, on behalf of the importer, take care to incorporate necessary conditions in the Letter of Credit to ensure that the above requirements of documentation arc noted and complied with by the U K sup- plier!).

T3. Indian Bank, after remitting steilmg payment', should within the next SEVEN (7) days, send the necessary documents to the Controllers ol Aid Accounts & Audit, Ministry of 1'inance, Department of Economic Aftairs, UCO Bank Building, Parliamenl Street, New Delhi, to enable th; Government of India to obtain the necessary reimbusement under the U K Grant. The documents to be furnished are —•

i.a) Contract Certificate in the form at Annexure II or Annexure III [Appendix C or Ap- pendix C (.Chemical¹.)—as is approrpnate], duly signed by the U.K. supplier.

(b) Payment Certificate in the form given in Annexure I (Appendix B), duly -,igncd by the U.K. supplier.

ic) A copy of invoice, containing all details a< mentioned in para n^a) above

ANNEXURB I

APPENDIX B

The United Kingdom/India Maintenance Grant 1977

PAYMENT CERTIFICATE

I hcrby certify thai:

("") the payments referred to in the invoices listed below3 which or copies of which accom- pany this payment certificate, fall due and Pre due to be made in respect of Contract No dated between the contractor named below and • (Purchaser) and ore in accordance with the particulars of this contrrct notified in the contract certificate signed on behalf of the said contractor on

Short description of goods, works and/or Contractor's Invoice No Date Amount

services.

£

(ti) The amounts specified in paragraph (i) do not include any additional foreign content to that declared in paragraphs 6, 7, or 8 of the Contract Certificate.

(tii) I have the authority to sign this certificate on behalf of the Contractor named below.

Signed

Position held For and on behalf of —• Name and Address of Contractor—

Date

• i

NOTE —For the purpose of this declaration the United Kingdom includes the Channel Islands and the I"lc of Man.

ANNEXUKE II

APPENDIX C

The UniiedKingdomlIndia Mamtenavce Grant 1977

CONTRACT CERTIFICATE

[For Chemicals and Allied^ Products use alternative "Certificate' (.Overleaf)].

Particulars of Contract

T Date of Contract

2 Contract No.

3 Import Licence No.

• Date •

4. Description of goods or ?ervice-. to be supplied to the purchaser "(Including international tariff/

trade code numberj".

If a number of items are to be supplied, a deta'led list tihould be appended to thi^ Certificate.

5. Total contracts price payable by purchaser (state CIF, C & F or FOB).

£If goodi are to be supplied the following Sections must be completed.

If the contractor is exporting egent only, the information requested should be obtained from manufacturer

J. J ^

6. Estimated % of the FOB value of the goods not ongn ating in the United Kingdom, but pur- chased by the contractor directly from abroad i.e. % of imported raw-matenafof components used to manufacture

(a) % FOB value

(b) Description of items and brief specifications • • • • •—— —•———

7 If any raw-material or components used originated from abroad, eg. copper, asbestos, cotton, wood pulp, etc but have been purchased m the United Kingdom by the con- iractor for this contract, specify :—

(a) % FOB value — ~ ™

(6) Description of items and brief specification?

If services are to be supplied, the following Section should also be completed.

8. State the estimated value of any work to be done or services performed in the purchaser's country by :—

(a) Your firm (site engineer's charges, etc.) (b) Local Contractor

. . . ,—

9 Qualifying remarks as necessary in respect of paragraphs 6, 7 or 8 above.

10. I hereby declare that I am employed in the Ur itcd Kingdom by the Contractor named below and have the authority to sign this certificate. I hereby undertake that in performance of the contract no goods or services which are not of United Kingdom origin will be suppli- ed by the Contractor other than those speciflied in pargfiraphs 6, 7, 8 end 9 above

Signed Position held —. Name and Address of the Contractor Date

•

NOTE.—For the purpose of this declaration the United Kingdom includes the Channel Islands and the Isle of Man.

FOR OFFICIAL USE ONLY

N a me or n u m b er of P r o j e ct _ _ _ _ ^ _ —. • — P A Y M E N TS

Amount Date of Acceptance Date Amount PA No Initials Committed Entry Date Initials

ANNEXURE III

APPENDIX C (CHEMICALS) The United Kingdom/India Maintenance Grant 1977

CONTRACT CERTIFICATE

For Chemical and Allied Products only

1 Date of Contract ——•— ———Contract No.

Import Licence No. ~ —— — Date

Price

Is the product of UK z Dii^riptlon of Prorluctfs')

U K. Tariff Classification

Origin ?

State, 'YES' or 'NO'

(Note B)

to be supplied to Purchaser (.Note A)

. . ..

3 Total (Estimated) Contract frice payable by Purchaser in sterling £

4 (Declaration) I hereby declare that lam employed in the United Kingdomby the Contractor named below and have the authority to sign this certificate, and that the above information is correct.

Date

Signed Position held _ _ ^ _ _^ _ Name and Address of Contractor ~

NOTES

A, This form is only to be used for chemical and allied products, most of which are covered by the appropriate iub-hcaimgs ofChapLers 15,25,28—35,37—40 of the U K. Tariff.

B. See—

(0 H. M Customs & Excise Tariff II M.S O.

00 Classification of Chemicals, m Brussels Nomenclature H.M.S.Q

C. (1) A proJuctis regarded as of "U.K. Origin" if made either wholly from indigenous U K. material OR according to the appropriate EFTA qualifying process using imported materials wholly or in part.

60 The EFTA qualifying process are set out in Schedule I of the EFTA Compendium forthe'

( K () F o r t h e p u r p o s c S o f t h i s i e c l a r a t i o n i t i s t o ' D ;: n i i n ia;i t h it t he • ' a l t e r n a t i ve p e r c e n t- a ge c r i t e r i o n" D O ES N OT A P P L Y.

(tv) The words''Area. Origin" where they appear in the above Schedule must be taken to mean "U.K Origin" only.

(v) For che purpose ol this d:daratio-i,th::'Bane Mitenals List¹ (Schedule III of the EFTA C impendium) does not apply.

(TO) If a qualifying process is not listed for th: material in question, advice should be sought from the Crown Agents for Oversea GjyernTunt:- and Administrations, N4 Department, 4 Millbank, London SW I.

ANNEXURE IV

June

(0

TOTAL

"rj

in. ij. - ± v," i,, i" x

. . ..

(B) Quarterly Estimates of payments of the amount (as shown nutem 7(1) above) with antici- pated dates of payments.

N.B.—While furnishing quarterly utilisation report for the quarter ending March, estimates to be furnished on monthly basis for January, February & March.

Date

Signature of the authorised Officer

of the Importing Firm.

(•) Fount's equivalent at th; rate shown in the import licence.

ANNEXURE V

Report showing details of refunds received from Suppliers!Skippers/Insurers (towards settlement

of claims for short landing, damages, etc.) in respect ofimports from United Kingdom under UK!

India Maintenance Grant 1977

(Only for claims settled in foreign exchange)

r. Name of Importing Firm.

2. Particulars of U.K. Credit.

3. No, & Date of Import Licence.

4. Value of Import Licence.

5. Amount of refunds received.

6. Nature of refund. (Give brief details)

7. Reference to the relative documents under which payment was made initially to the U K. suppliers (indicate name of Bank and reference to their letter No, & datc3 forwarding; documents to the Ministry of Finance).

8. Whether or not refunds received arc to be utilised for replacement of goods, if not, con- firm that amount has been actually received and encashed into rupees,

9. Remarks, if any,

1 ale

Signature of the authorised

Officer of the Importing Firm..

A. S. GILL,

Chief Controller of Imports & Exports-

Jf

I

T*—

595

" gg THE GA _jiJ.r,L i JJ1A jiBi A. J I . , , ^ .. ' -, - ".

597

598 THE GAZETTE OF INDIA EXTRAORDINARY PART I—SKC. t

599*

.600 THE GAZETTE OF INDIA EXTRAORDINARY PAST I—SEC. 1

6oi

5 Q2 THE GAZETTE OF INDIA EXTBAORDINARY PART I—SEC. 1

603,

<5oj, THE GAZETTE OF INDIA EXTRAORDINARY PAHT I—SEC- 1

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO RCHD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 77

REGISTERED No. D-(D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 112] NEW DELHI, THURSDAY, JULY 7, 1977/ASADHA 16, 1899

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 7th July, 1977

SUBJECT.—Import Policy for Registered Exporters for the period April 1977—March 1978

(Amendment I Errata)

No. 45 ITC (PN)/77.—Attention is united to the Import Policy for Registered Exporters as contained in the Import Trade Control Policy (Policy Book-Volume II) for the period April 1977—-March 1978 published under the Ministry of Commerce Public Notice No. 21-ITC (PN)/77 dated the 27th April, 1977.

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

Correction/Amendment

Reference

Page No. of the

Policy Book (Vol.Il)

(3)

( 1)

( 2)

For para (3), the following shall be substituted —

25 Section I Part B, Explantory Notes

"(3) If an item is covered by the deport linked import list referred to at (b) above, it can be imported only in accordance with the policy applicable to that list, irrespective of the fact that the same item may be appearing in the banned list refer- red to at (a) above or in the restricted list referred to at (c) above."

(605)