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REGISTERED No. D. (D.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 153] NEW DELHI, THURSDAY, JULY 31, 1980/SRAVANA 9, 1902

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

compilation

530 GI/80

(607)

609

611

"It is heicby certified that this is a tiue copy of the MINISTRY OF COMMERCE

PUBLIC NOTICE NO. 48-ETC(PN) 80

New Delhi, the 31st luly, 1980

EXPORT TRADH CONTROL

Subject : Determination of quotas for export of garment* and knitwear made from cotton, wool and man- made libies to the USA, KLC memher states, Nor- way, Finland Austria and Canada during 1981 under the Past Performance scheme.

F. No. 2/54/80-EI.—Attention is invited to the M'.nistiy of Commerce, Export Tiadc Control Public Notice No. 4b- ETC(PN)/80 dated the 28th July, 1980, according fej which 40 per cent of the annual level of the quotas for the export of garments etc. to Ih: USA, EEC member state:,, Norway, Hnland, Austria and Canada has been eaimaiked for allot- ment on the basis of 'past peifoimance', and the basic quota for this purpose has to be determined on the basis of .jUual exportj made duiing the basic period, i.e. the years 1977, 1978 anJ 1979, us ;m average of actual e\poits made duiinn these three yeais. It has also been provided in the afore- said Public Notice that such i>f the cxooitars ot garments who wish to take advantage of theii cxpoits during 1980 (1st January, 1980 to 30th June, 1480) m,iy also c'o so but, in such cases, the basic quota will be deteimincd by dividing then expotts during the basic peiiod including the year 1980, as aforesaid, by four. The determination of tho quotas on the bash of the 'past performance' will be done by the Chief Conti oiler of Jmpoits and Expotts, Udyog Bhawan, New Delhi.

2. The intending exporteis of gaiments who desire to apply for allotment of quota on the basis of 'Past perform- ance' should .submit their applications in the form given in Annexure T to this Public Notice so as to reach the office of the Chief Conti oiler of Imports and Exports, Udyog Bhawan, New Delhi, by the 23rd of August, 19S0 nf the latest. The applications received m the office of tho Chief Controller of Imports and Expoits, New Delhi after the pres- cribed date will be summaiily rejected, and no coirespon- dence in this regard will be entertained.

3. The application should be accompanied by the follow- ing documents in respect of

I. Those who have already obtained 'past performance' quota

during the year 1980.

(,i) Shippine Bill /Airway "Hill duly ntte^te! by Cus-

toms—original or photostat cooy ;

(b) Invoice, duly attested' by the bank, in original or a copy thereof with the following endorsement :—

invoice negotiated/sent lor collection by-

(Name of the Bunk)

Seal and Signature of the Authorised Officer of the Bank

(c) Statement showing export of garments during the year 19791 Oi January to June, 1980, as the case may be, duly certified by a Chartered Accountant in practice, in the form prescribed in Annexure II to this Public Notice.

(d) A Ticasury Receipt of Rs. 50 (Rupees fifty) cte- dited under the Head "Export Licence Application Fee" subotdinato to the Major Head "097-Foreijm Trade and Export Promotion".

II. Those who had not obtained quota under pakt perform- ance¹ category earlier (new entrants for this category):

(a) Bill of Aiding/Airway Bill—original or photostat

copy ; "•"

(b) Invoice, duly attested by the Bank, in original or a copy thereof with the following endorsement:—

"It is hereby certified that this is a tine copy of the

lnvoiQe negotiated/sent for collection by

(Name of the Bank)

Seal and Signature of tho Authorised Officer of the Bank

Cc) Statement showing cxpoit of garments during tho basic period, duly certified by a Chartered Account- ant in practice in the form prescribed in Annexure TI.

(d) A Treasury Receipt of Rs. 50 (Rupees fifty) ciedit under the Head "Expoil Licence Application Fee" subordinate to the Maioi Head "097-Foreign Trade and Export Promotion .

4. In case of exports made to Canada, the exporters claim- ing quota should furnish documents foi the basic period I.e. for the years 1977, 1978, 1979 and for 19R0 (1-1-19S0— 3O-6-19RO) in case (hey desire exports for 1980 also to be included in the exports claimed by them.

5. The application fee should be deposited in any one of the branches of the Central Bank of India, who have been authorised to receive ITC/ETC deports. If the appli- cant is located in a district which does not have a branch of Central Bank of India authorised to receive such deposits, the facility of remittance of application fee through Bank draft will be available.

6. Whereas consolidated applications in the form given in Annexure I in respect of all the categories/Countries for which allotment of quotas is claimed may be made in the prescribed form, the statement of exports duly certified by the Chartered Accountant (Annexure II) should be pre- pared separately for each descrlption|catsgoiy|group|counlry in respect of which quota is claimed. The details of exports in respect of each descriptiors|group|category|country as given in para 5 of the Statement should be supported by the relevant documents, viz. Shipping Bill/Airway Bill, (Bank Certificates) and Invoice, details of which should be entered in the relevant columns of the Statement, duly cross-refer- enced by showing page numbers of these documents with the entry made in the relevant column of the Statement Column 5(f) of the Statement will be completed hi cases where no exports are to be counted during the year 1980 (1st January to 30th June, 1980). Col. 5(g) of (he Statement will be completed only in those cases where exports are to bo counted during the year 1980 also,

7. It is clarified that even if a party does not have any exports during any of the years in the prescribed basic period, viz, 1977, 1978 and 1979, the exports during any one of two years of this period will still be divisible by 3 to arrivo at the basic average exports during the basic period. Simi- larly, in cases where exports dunng the year 1980 (upto 30th June, 1980) are also claimed for computation of basic quota, the exports made in any one, two or three years of the basic period, will be divisible by 4 to arrive at the basic average exports during the basic period.

8. As exporls of samples do not qualify for allotment of quota, such exports should not be included in the Statement of exports.

9. An exporter need submit details of pnst performance only for such country-category formation in which he i* claiming quota for past performance.

10. The application and the accompanying documents as specified in para 3 above should be complete in all respects. Incomplete application will be summarily rejected and no correspondence in this regard will be entertained.

11. The quotas for the export of garments for the year 1981 under 'Past Performance Scheme will be iutimatcd by the office of the Chief Controller of Imports and Exports to the Apparels Export Promotion Council for issue of quota certificates, in due course. No correspondence in this regard will be entertained by the Chief Controller of Imports and Exports.

12. The exporters can be called upon at any time before or after the allocation of the annual quoin to furnish any other information or documents required by Government, and if the required information/documents arc not furnished im- mediately, the application wjll be liable to be rejected,

13. Attention of the exporters is specifically invited to the declaration incorporated in the Statement of Exports (An- nexure II), according to which the information to be given in the Statement should be true and correct. It is to be clearly understood that any quota granted on the basis of the information and the supporting documents, will be liable for cancellation, in addition to any other penal action that may be taken in this behalf if it i5 found that any part of the information furnished is incorrect, false or mislead- iHB.

MANI NARAYANASWAMI, Chief Controller of Imports & Exports

ANNEXUREI

Application for allotment of quotas for the export of garments for the year 1981 under "Past Performance" Scheme in terms

of Ministry of Commerce Export Trade Control Public Notice No. 48-ETC/(PNV80 dated the 31st July, 1980

1. Name and full address o; the unit:

2. Registration No. with Export Promotion Council:

3. Full Description of the Items for which Quota is claimed;

Name/description of ihe item

i.

SI. No

2

1

anc

Country

Category/Group No.

Quantity (no. of pieces)

5

4

3

1, 2, 3. 4. 1 so on 4. No. and date of Treasury Receipt/Bank Draft deposited as

application fee:

5. Particulars of the Applicant firm:

(a) D.ite, month and year of Establishment (b) Whether a Public Limited Co., a Private Co. a partnership

concern or an individual firm

(c) Name(s) oi Dlrcctors/Partners/Proprictors (d) If a Private Co., a Partnership concern or an individual firm, state whether any of the persons named in (c) above are directors, partners or proprietors of any other company or firm. If so, details thereof;

6. List of Enclosures :

1. 2. 3. 4.

and so on

I/We hereby declare that what has been stated above is correct.

612/1

I/We hereby certify that the description of the items/categories/country and number of pieces exported as mentioned in the Shipping Airway Bills and connected documents submitted herewith represent actual exports which have been made and that the entries in the accompanying Statement of Exports are true and correct.

I/We fully understand that any quota granted to us on the basis of this information will be liable for cancellation, in addition to any other action that may be taken in this behalf against us, if it U found that any part of the information furnished is incorrect, false or misleading.

'Signature of Applicant

Name in Block Letters

Designation

Dated

Residential Address

N.B.—(i) If the applicants are unable to provide an answer against any of the columns, thoy should give positive reason for it.

•(ii) Application should be signed by the Proprietor, Partner or Manager, Director of the firm or by any person duly authorised to ^ign any legal declaration on bihalf of the firm. The position held by the person signing the application should cleat ly be stated,

ANNEXURE II

Statement showing Exports of Garments during the Basic period, for determination of quotas for the year 1981, in terms of Ministry of Commerce, Export Trade Control Public Notice No. 48-ETC(PN)/80, dated the 31st July, 1980

1. Name and full address of the Unit :

2. Name of Item Exported :

3. Category/Group No. :

4. Country to which exported :

5. Delailsof cxportsduring the prescribed basic periodi Year-wise) :—

Date of Export

Invoice No. &Date

S. No.

No. of pieces

Cross reference page Nos. in respect of

Bill of lading/ Airway Bill No. & Date

Cols. 4 and 5

4

5

6

3

2

1

fa) 1977 1.

2.

3.

4.

and so on

(b) 1978 1.

3.

4.

and so on

Tc)T979 1. 2_

i

3, 4. and so oi

(d) 1980 1. upto -. 30-6-80 3. 4. and so on

(e) Total Exports i.e.ia)+(b)+(< =)

+(d)

This col. will be completed in cases whore no exports are to be counted during the year (f) Average of

1980 i.e. under col. (d)

3

1977,1978 & 1979 i.e. ta)+(b)+(cH

1

4 5 e,

This col. will b; completed h C ^ JS wh . export? are to be counted during the yeM 1980

(upto 30th June, 1980) also.

(g) Average of 1977,197s, 1979 & 1980 i.e. (a)+(b) +

I/Wc hereby declare that the information given in the statement is true andcoircct. T/We fully understand that any OuoU granted (o us on the basis of this information will be liable for cancellation, in addition to any other action that may be taken in this behalf again,! us, if it i-, found thitany p vt of fhe information furnKlisd is incorrect, false or misleading.

Signature of the applicant

(To b; signed by tho Proprietor + Managjng Partner/ Managing Director of the Unit showing his designation as such)

Full residentia I address

CERTIFICATE BY THE CHARTERED ACCOUNTANT;

I/We do hereby certify tint thj details given in the Statement have been verified with connected documents mainiainc' by M/s. J

and found the same as correct.

I/We have 'Uso put my/our office seal and signatures on the documents fiom which the information hss been verified.

I am not a partner, a Director or an employee of the Applicant firm or its Associates.

I have b;en duly appninted for this purpose by the Board of Directors of the Company or Management, PS the c

Signatures & Ssal of the Chartered Accountant

Ntimeof the signatory (in Block Capital)

Full Address

Membership No

Date

Note: All the pages of the statement should be signed and stamped by the Chartered Accountant,

PRINTED BY THB MANAGER, GOVT. OF INDIA PRESS, RINO ROAD, NEW DELHI-110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110O54, 1 9 80