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The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 175] NEW DELHI, TUESDAY, SEPTEMBER 9, 1980/BHADRA 18, 1902

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

compilation

of Imports and Exports. AEPC shall send periodical statements of quota-transfers to CCI&b. Similarly, surrenders of hand- loom/miU-madc quotas in the Pait Performance system shall be made to AEPC with copies to Textile Commissioner and Chief Controller of Imports and Hxporis. AEPC will send periodical statements of such transfers to CCI&E.

2. It is clarified that part transfers of Past Performance quotas are permissible and also such transfers, can be made at any time during the year, However, all such transferred quotas in the hands of the transferee will be subject to the same terms and conditions as those applicable to it in tho hands of the transferee If a quota is transferred prior to 30th April, 1981 and the transferee retains it beyond that date, he will be obliged to execute bank guarantee etc. for retaining it beyond this date in terms ot the policy, Similarly, if a quota is transferred after 30th April, 1981, the ttansferee will be obliged to make out a bank guarantee in lieu of the transferer so that he becomes responsible for utilisation of the quota.

3. In partial modification of para 10(i) of the Public Notice, L/Cs in the case of Past Performance quota shall be opened just before shipment, in all the three quarters.

4. For the purpose of furnishing bank guarantees for quanti- ties of past performance quota letained after 30-4-1981 in terms of Para 10(iii) of the Public Notice, trie last date for submission of such guarantees shall be 31-5-1981.

5. Para 10 of the Public Notice lays down, inter-alia the procedure for levy of penalties for shortfalls in the utilisation of allotted quotas. For the purpose of giving due consideration to representations made by the exporters against the levies, the following procedure will be followed. Upon levy of a penalty by the Apparels Export Promotion Council, the ex- porters concerned can appeal against the levy to the Textile Commissioner, Bombay within 15 days of receipt of the communication conveying such a levy. The Textile Commis- sioner shall upon receipt of the representation, give a ruling as early as possible. If, in any case, the exporter is not satisfied with the decision of the Textile Commissioner, he may prefer an appeal against the decision within 15 days of receipt of the communication conveying the decision. The second appeal will be with tho Department of Textiles and will be dealt with by an Appellate Committee constituted by Government.

M1NISTRY OF COMMERCE

PUBLIC NOTICE NO. 59-ETC(PN)/80

New Delhi, the 9th September, 1980

EXPORT TRADE CONTROL

Sub : Scheme for exports under OGL. 3 of Garments and knitwears made from Cotton, wool and man-made fibres to U.S.A., E.E.C. Member-States, Norway, Finland, Austria and Canada from 1-1-1981 to 31-12-1981.

F. No. 2/54/80-EI.—In continuation of Public Notice No. 46-ETC(PN)/80 dated the 28th July, 1980 on the above Scheme, the following modifications are made and arrange- ments introduced regulating the export of subject items fiom 1-1-1981.

1. Para 5(ii) of tb.e Public Notice provides for transfer of Past Performance quota by an allottee-oxportcr to another registered exporter. The Apparels Export Promotion Council will denl with the transfer of quotas under this system to whom all applications for transfer of such quotas should be made with copies to the Textile Commissioner and Chief Controller 6. Para 12 of the Public Notice provides for a special allo- cation not exceeding 5 per cent of the annual quota level to Corporations under the Control of State or Central Govern- ments. It has been decided that Apex Handloom Marketing Cooperative Societies operating at the all India or State level will also be eligible for special allotments out of this quota.

7. In line 11 of Para 16 of the Public Notice, after "EEC Member State'" and in the first line of Para 17 after 'EEC, Norway, Austria and Finland shall be added.

8. Tn line 11 of Para 19 'readymade garments' should read as "ready goods".

9. In para 20 of the Public Notice, Export Certificate shall also include Visa in the case of U.S.A. nnd shall be forwarded to the buyer together with other relevant documents.

10. Other provisions of Public Notice No. 46-ETC(PN)/80 dated 28th July, 1980, remain unchanged.

MANI NARAYANSWAMI, Chief Controller of Imports A

Exports.