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REGISTERED No D. (D)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 190] NEW DELHI, WEDNESDAY, OCTOBER 1, 1980/ AS VINA 9, 1902 Separate paging is given to this Part in order that it may be filed as a separate compilation 791 G1/80—I

(921)

784 GI/80-2

MINISTRY OF COMMERCE

PUBLIC NOTICE NO. 37—ITC(PN)/80

New Delhi, the 1st October, 1980

IMPORT TRADE CONTROL

Subject : Licensing conditions in respect of imports of goods and services under the Yen Credit of Y 2.7 Billion extended by the Overseas Economic Co-operation Fund (OECF).

The terms and conditions governing the issuance of import licences in respect of imports of goods and services under the Yen Credit of Y 2.7 Billion for Telecommunication Project (II) extended by the Overseas Economic Co-operation Fund (OECF) as given in Appendix to this Public Notice are notified for information,

[Issued from F. No. IPC/23/3/80]

Appendix to Ministry of Commerce Public Notice No. 37

ITC(PN)/8"

New Delhi, the 1st October, 1980

I(tii) Import Hcence(s) can be issued only in favour of

DGP&T on CIF basis.

l(iv) Depending on the convenience of DGP&T inore than one import licence may be issued under this credit but the. total value must not exceed Y 3,000 million (CIF) as specified at (i) above.

I(v) The extension of the validity of the import licence, may on application by DOP&T, be granted upto 31-12-84. Request for further extension, if any should be referred to the Depart- ment of Economic affairs (Japan Section).

l(vi) Imports to be financed under the Credit are restricted to the list of goods and services attached to the import licence, duly attested by the licensing authorities.

l(vii) No remittance of foreign exchange will be permitted against the import licence. Any payment towards: Tndian Agents commission should be made in Indian rupees to the agents in India. Such payments, however, will form part of the licence value and will, therefore be charged to the licence.

I(viii) Firm order must be placed on FOB basis on the Overseas supplier located in (he countries mentioned in Annexure-I and sent to the Department of Economic Affairs (Japan Section) within 4 months from the date of issue of the import licence. Freight and insurance charges will be payable in India in Indian rupees. "Firm orders" means purchase orders placed by the Indiaji licensee on the overseas supplier duly signed by the latter or purchase contract duly signed bv both the Indian importer and the overseas supplier. Orders on Indian Agents of overseas suppliers and/or order confirmation of such Indian Agents are NOT acceptable.

Licensing Conditions in Respect of Imports of Goods and

Services under the Yen Credit of Y 2.7 Billion for Telecom-

munication Project (II) Extended by the Overseas Economic

Cooperation Fund, (OECT)

Section I—General Conditions i

I(i) The Yen Credit of Y 2.7 billion extended by the Over- seas Economic Co-operation Fund of Japan (OECF) for financ- ing the import requirements of the Telecommunication Project of the DGP&T is untied in favour of developing countries. Accordingly the goods and services to be procured under this credit can be imported from Japan and all countries enumerated in the list at Anne\ure-I which will be eligible source countries under the credit,

I(ii) Import Licencc(s) under the Credit can be issued only for such items and for such value as have been specifically cleared- by the DGTD/CG Committee. The value of import licenced) issued under this credit should not exceed Y 3,000 millioni (CIF).

The rupee value of the impoit licence shall be determined with reference to the exchnnge rate notified by tho Depart- ment of Revenue (Customs) and prevailing op the date of issue of the import licence and indicated in the body of the import licence(s) as per para 2 of the Public Notice No 78-lTC(PN)/74 dated the 6th Jumie, 1974, issued by the CC1&R, which also enjoins that the Customs Authorities and the authorised dealers in foreign exchange will made debits to the value of the licence^) at the exchange rate specified on the import licence(s). The licence will bear the superscription "Japanese Yen Credit No. TD-p. 5". The first and second lufllx to the licence code will be "S/JC", This will ;:l"o be repeated in the letter from the CCT&H forwarding th" import licence to D.O.P&T, a copy of which should be endorsed to the Ministry of Finance, Department of Economic Affair* (Japan Section).

I(ix) This condition of the placement of contracts within 4 months period will be treated as not having been complied with unless complete contract documents reach the Ministry of Finance, Department of Economic Affairs (Japan Sec- tion) within four months from the date of issue of the import licence. If firm orders as explained in para I(viii) above cannot bo placed within four months for valid reasons, (he licenne* should submit the import licence to the concerned licensing authorities giving reasons why ordering could not be com- pleted within four months. Such requests for extension in¹ the ordering period will be considered on merit by the licensing authorities who- may grant extension upto a further maximum period of 4 months, If, however, extension, is sought beyond 8 months from, the date of issue of the import licence such proposals will invariably be referred by the licensing authori- ties to the Department of Economic Affaira (Japan Section), Ministry of Finance, North Block, New Delhi who will consider "uch extension on the rrrarits of each case and communicate their decision to the licensing authorities for communication to the licensee. Only on production by the licensee of a letter from the licennina authorities sanctioning such extension will the authorised dealers and departmental authorities permit the facilities of letter of authority for the establishment of letter of credit acceptance of deposits of the rupee equivalent, etc. in respect of supply contracts entered into under the import licence,

I(x) All payments must be conioletod within 4 months from, the expiry of the import licence. Individual payments must be arranged upon shipment of goods. The contract should provide for payment on each basis i.e, on presentation of shipping documents. No credit facility of any kind will be permitted to be availed of by the Indinn importer from the Overseas surmiier. The contract shoulud provide for the period of delivery of goods as follows :

".... Months after the receipt of Letter of credit but to be completed latest by the end of ".

In fixing the terminal date for shipment it should be noted

that this date should not be beyond 31-12^84.

Section II—Special points to be kept In view while negotiating

a supply contract.

TI(i) The FOB value of the contract should be expressed in Yen (Fraction of Yon should be omitted) and. should exclude Indian Agent's commission, if any. which should he paid, in Indian ranees.

In no circumstances the contract value should be expressed in radian rupee* or in. any other currency. Tihe purchase order

and the supplier's order confirmation should be in Enjdish only.

JI(ii) The broad guidelines for procurement of goods and services under the OECF Yen Credit (Project Aid) arc given in Annex.urc-11. However, normally the procurement of goods und services should be mndc through Formal Open Interna- tional Tendering and the following points should be born in mind :—

(a) Invitations to bid shall have to be advertised in at lcait

one newspaper of general circulation in India.

(b) Bid bonds or bidding guarantees are a usual require- ment but they should not be set so histh as to dis- courage suitable bidders.

(c) Bid bonds or guarantees should be released to un- successful bidders as won as possible after the bids have been opened.

Il(iii) In cases where Formal Open International Tender- ing is not considered appropriate the Fund will accept the following alternative procedures :•—•

(a) Where th" importer has convincing reasons or main- taining a reasonable standardisation of his equipment.

(b) Where the number of qualified suppliers is limited.

(c) Where the amount involved in the procurement is so small that foreign firms cleaily would not be in- terested or that the advantages of formal open in- ternational tendering would be outweighed by the administrative burden involved.

(d) Where, in addition to the cases (a), (b) and (c) above, the Fund deems it inappropriate to follow the formal open international tendering procedures or the Fund deems such procedure inapplicable, e.g., in case of emergency procurement.

In the above mentioned cases the following procurement pro- cedure may be applied in such a manner as to comply with the formal open international tendering procedures to the fullest possible extent as appropriate :

(i) Formal Selective International Tendering,

(ii) Informal International Competitive Procurement,

(ili) Direct Purchases from a single supplier.

DGP&T should prepare a detailed report on the evaluation and comparison of bids setting forth the specific reasons/ justifications on which the lowest evaluated bid is based &nd submit it in triplicate along with bid analysis statements /sheets supported by documentary evidences, if any to the Ministry of Finance, Department of Economic Affaire (Japan Section), North Block, New Delhi who will obtain the necessary approval of the same from the Overseas Economic Cooperation Fund (OECF). Tt should be noted that purchase contracts will be notified by the Ministry of Finance (Department of Economic Affairs) (Japan Section) to the O.E.C.F. only after obtaining the OECF approval of the report etc.

II(iv) The payment to the overseas supplier should be arranged through an irrevocable letter of credit to be opened by the Bank of Tndia. Tokyo in their favour under the OECF Yen Credit (Project Aid) No. ID-P. 5 for 1979-80 the details of which are given in Section VI below.

ll(v) Only one contract should be entered into against the import licence. In exceptional cases, more than one contract may be permitted to be entered into, for which prior approval of the Department of F.conomic Affairs (Japan Section), Minis- try of Finance, should be obtained soon after the date of issue of the import licence.

IT(vi) Eligibility of Supplier

The Suppliers shall be nationals of the eligible source coun- tries or juridical persons governed substantially by mtional of the eligible source countries, satisfying the following condi- tions :

(a) a majority of subscribed shares shall be held by na-

tionals of the eligible source countries.

(b) that a majority of full-time directors shall b" national

of the eligible source country; and

(c) such juridical persons have been registered in the eli-

gible source countries.

Il(vii) Declaration in Contract

The following statements of eligibility by the supplier shall

be added to each contract.

"I, the undersigned, hereby certify that the goods to be (eligible source supplied are produced in- country).

I, the undersigned, further certify that to the best of my in- formation and belief, the portion imported from the non- eligible source countries is less than thirty per cent (30%) in accordance with the following formula :

Imported CTF Price + Import Duty

— X 100"

Supplier's FOB Price

and

"I, the undersigned, hereby certify that—

(Name of company) has been incorporated and registered in --(name of eligible source country), and is controlled by nationals of the eligible source countries."

ll(viji) Permissible imports from non-eligible source count-

ries

Financing of goods which contain material's originating from a non-eligible source country or countries may be made, provided that the imported portion is less than thirty per cent (30%) on an item-by-itcm basis in Kccordance with the follow- ing formulae ;

IMPORTED OF Price + Import Duty

, x 100

Supplier's FOB Price

Section m—Conditions to be Incorporated ID the supply

contracts

lll(i) The following provisions should be specifically em-

bodied hi the supply contract :

(a) The contract is arranged in accordance wlfh the Loan Agreement between the Government of India and the Overseas Economic Cooperation Fund of Japan (OECF) dated the Sth May, 1980 concerning the Yen Credit No. ID-P5 (Project Aid) for Tele-commu- nication Project (II) and will be subject to the ap- proval of Government of India and the Overseas Economic Cooperation Fund,

(b) Payments to the supplier shall be made through an irrevocable Letter of Credit to be issued by th© Bank of India, Tokyo, under the Loan Agreement No. TD-P.5 dated 8th May, 1980 between the Govern- ment of India and the Overseas Economic Coopera- tion Fund of Japan (OECF).

(c) The Overseas suppliers agree to furnish such informa- tion and documents as may be required under the Yen Credit arrangements by the Government of India on the one hand and the OECF on the other.

(d) Certificates (triplicate) Jn the forms indicated in IT(\il)

ITT(ii) In case the supplier is located in Japan, the supply contract should contain a clause that the Japanese supplier agrees to make shipping arrangements in consultation with the Embassy of Tndia, Tokyo and that for this purpose he would keep the Embassy of India, Tokyo informed of the delivery schedule of the goods involved and notify the Embawy of India at least four weeks in advance of the shipping required "o that suitable arrangements could be made. Tn exceptional cases where the Indian importers require it, this period of not.ee may be reduced. The Japanese supplier should also agree to lend a cable advice to the importer after each shipment riving the necessary details and a copy thereof should be sent to the Embassy of India, Tokyo.

Section IV—Contract Approval by OKCF

IV(i) Within the stipulated period for placement of firm orders the licensee should forward 4 copies of ihe contract duly signed by both DGP&T and Overseas suppliers support- ed by order confirmation in writing by the overseas supplier or their photo copies complete in all respects together with two photo of the relevant valid import licence, to Japan Section, Department of Fconomic Affairs, Ministry of Fin- ance, North Block, New Delhi,

(ii) The above procedure will also apply to all contract— amendments causing essential modifications to the contents ot' contracts or in its price.

(iii) The Ministry of Finance (DEA) Jnpan Section will arrange to send OJIC copy of the contract documents to the OECF for their approval for financing under Yen Credit No. IP-P.5 (Project Aid) for Telecommunication Project (ii).

Section V—Payment to the overseas suppliers—Letter of

Credit Procedure

V (i) On receipt of the intimation of the contract approval from the OECF, by the Ministiy cf Finance Department of Economic Affairs, Japan Section. DGP&T and the CAA&A will be informed of the same. Whereafter the DGP&T should approach the Controller of Aid Accounts & Audit, (herein- after referred to as CAA&A) Department of Economic Affairs, Ministry of Finance, UCO Bank Building Parliament St'eet New Delhi with a request in the form attached as Annexure-lII for issue of a letter of authorisation. The CAA&A will issue a letter of authorisations in the form attached as Ann::xuic-IV addressed to the Tokyo Branch of the Bank of India for opening an irrevocable letter of Credit as in the form attached as Annexure-V (for physical imports) or Annexure-VI (for services) in favour of the overseas supplier concerned, Copies of the T.etter of Authorisation will be endorsed to the OECF, the Embassy of India, Tokyo, the importer's Bank in India, and Japan Section, Department of Economic Affairs, Ministry of Finance.

Hazari, Delhi before releasing the shipping documents. The rupee, equivalent of the Yen payments made to the overseas supplier are to be deposited into Government of India Account in the manner prescribed iri Public Notice No. 74-jTC(pN)/74 dated 31-5-1974. The exchange rate to be adopted for com- puting the rupee equivalent of the Yen payments made to the overseas suppliers will be the composite raie of exchange' ap- plicable to the date of payment which wil] be worked out in accordance with the method prescribed in Public Notices No. 109-ITC(PN)/74 dated 3-8-1974 and No. 8-1TC (PN)/76 dated 17-1-1976 or as may be notified by Government from time to time through Public Notices of the CCJ&E or through Exchange Control Circulars of Ihe Reserve Bank of India. The Head of Account to which the above rupee deposits shduld be credited is "K-Dcrxisi(B and Advances—843-Civil Deposits—• Deposits for purchase etc. abroad—Purchase under credits/ Locn Agreements Loans from the Government of Japan-2.7 billion Yen Credit No. ID-P.5 for Telecommunication Project (II)." The provisions regarding calculation and deposit of interest charges mentioned in tha above said Public notifce df 31-5-1974 will, however, not be applicable. as" nd interest charges are recoverable in respect of imports mad© by Central Government departments.

VT(ii) The amount referred to ubove should be deposited in cash to the credit of the Government either in the Reserve Bank of India, New Delhi, or Stnte Bank of Tndia. Tis Hazari, Dtlhi as contemplated in Public Notices Np. 184-ITC(PN)/6R dated 30-8-1968, No. 233-lTC(PN)/68 dated 24-10-68, No. 132 TTC (PN)/71 dated 5-10-1971. No. 74-lTC(PN) /74 dated 31-5-1974 and No, 103-ITC(PN)/7fi dated 12-10-1976.

VlU(ii) Notifying Suppliers of Special Conditions

The licenMc should apprise the supplier of any special pro- visions in the import licence which may affect the suppliers in carrying out the transaction.

VUI(iil) Dbputei

It should be understood that the Government of India will not undertake any responsibility for disputes, if any, that may arise between the licensee and the suppliers. The conditions to be fulfilled by the supplier before payment by the Bank of India, Tokyo mutt be clearly spelt out by the importer in Annexure-III under "Terms of Payment". Provisions dealing with settlement of disputes should be included in the condi- tions of contract.

yni(iv) Future Instructions

• f he licensee shall promptly comply with any directions, In- itrnctions or orders issued by the Government of India from TWJe to time regarding any and nil matters arising from or pertaining to the import licence and for meeting all obligation!) under the Yen Credit Agreement (Project Aid) No. ID-P.5 with the Overseas Economic Cooperation Fund of Japan (OECF).

VJOWv) Breech or violation

Any breach or violation of the conditions set forth in the "bbve clauses will result in appropriate action under the Imports and Exports (Control) Act.

Vm(vi) List of Annexures

Aflnexure I—List of eligible source countries.

Kenya Lesotho Liberia Malagasy Republic Malawi Mali Mauritania, Mauritius Moozambique Niger Portuguese Guinea Reunion Rhodesia Rwanda St. Helena and dep (2) Sao Tomo and Principe Senegal Seychelles Sierra Leone Somalia Sudan Swaziland Terro. Afans and Issas Togo Uganda Un. Rep. of Tanzania Upper Volta Zaire Republic Zambia

Annexure It—Broad Guidelines for Procurement.

HI. AMERICA, North r.nd Central

Annexure HI—Requeust for issue of Letter of Authority.

Aonexuro IV—Form of Letter of Authority.

AflSeXUre V—Form of Letter of Credit (Applicable to

Phytical Imports).

Annexurt—VI Form of Letter of Credit (Applicable to

9"rvtces).

ANNEXURE I

lift of Eligible Source Countries

A. Developing Countries and Territories

fol) Non-OPEC Developing Countries :

I. AFRICA, North of Sahara :

EttPt Morocco Tunbla

H. AFRICA, South of Sahara :

Bahamas Barbados Belize Bermuda Costa Rica Cuba Dominican Republic El Salvador Guadeloupe Guatemala Haiti Honduras Jamaica Martinique Mexico Netherlands AnTilles Nicaragua Panama St. Pierre & Miquelon Trinidad and Tobago

West Indies (Br.) n.i.c.

(a) Associated States (3) (b) Dependencies (4)

IV. AMERICA, South

Angola Botswana Burundi Cameroon Capo Verde Islands Central African Rep, Chad Comoro Islands Congo, People's Republic of Dahomay Equatorial Guinea (1) Ethiopia Gambia Ghana Guinea Ivory Coast

Argentina Bolivia Brazil Chile Colombia Falkland Islands French Guiana Guyana Paraguay

(1) Formerly the territory of Spanish Guinea, including the island of Fernando Po. (2) Including the following Islands : Ascension, Tristan da Inaccessibles, Nightingale, Gough. (3) Main islands : Antigue, Dominica, Grenada, St. Kltts (St. Caristophe), Nevis-Anguilla, St. Lucia and St. Vincent. (4) Main islands : Montserrat, Cayman, Turks, and Caicos, and British Virgin Islands.

Ecru Surinam Uruguay

Malta Spain Turkey Yugoslavia

V. ASIA, Middle East :

(a2) Member or Association Countries of OPEC :

Bahrain Israel Jordan Lebanon Oman Syrian Arab Republic United Arab Emirates (1) Yemen Arab Republic Yemen, People's D.R. (2)

Algeria Bolivia Libyan Arab Republic Gabon Nigeria Ecuador Venezuela Iran Iraq Kuwait Qatar Saudi Arabia Abu Dhabi Indonesia

ANNEXUREH VI. ASIA, South Afghanistan Bangladesh Bhutan Burma India Maldivis Nepal Pakistan Sri Lanka

Guidelines for Procurement under the Loan

Vn. ASIA, Far East :

TABLE OF CONTENTS

F Article Number Title Pago No,

Article I. General

Section 1.01 Introduction Section 1.02 Procedures Other than Formal Open

International Tendering

Section 1.03 Type and Size of Contracts .

Article n. Advertising and Prequallflcatlon .

Section 2.01 Advertising . . .. Section 2.02 Prequaliflcation of Bidders .

Article m. Bidding Documents

Brunei Hong Kong Khmer Republic Korea, Republic of Laoi Macao Malaysia Philippines Singapore Taiwan Thailand Timor Viet-Nam, Rep. of Viet-Nam Dem. Rep.

VIII. OCEANIA

Section 3.01 References to the Fund Section 3.02 Bid Bonds or Guarantees Section 3.03 Conditions of Contract Section 3.04 Clarity of Specifications Section 3.05 Standards . . .. Section 3.06 Use of Brand Names . Section 3.07 Expenditures under Contracts Section 3.08 Pricing of Bids Section 3.09 Contract Price . . .. Section 3.10 Price Adjustment Clauses Section 3.11 Advance Payments Section 3.12 Guarantees, Performance Bonds and

Retention Money Section 3.13 Insurnace . . .. Section 3.14 Liquidated Damage and Bonus Coek Islands Fiji Gilbert & Ellice Is. French Polynesia (3) Nauru New Calendonia New Hebrices (Br. and Fr.) Niue Pacific Islands (US) (4) Papua New Guinea Solomon Islands (Br.) Tonga Wallis and Futuna Western Samoa

Clauses . . .. Section 3.15 Force Majeure . . .. Section 3.16 Language Interpretation Section 3.17 Settlement of Disputes

IX. EUROPE :

Article IV. Bid Opening, Evaluation and Award of Contract

Section 4.01 Timo Interval between Invitation Cyprus Gibraltar Greece

and Submission of Bids

(1) Ajman, Dubai, Fujairah, Ras al Khaimah, Sharjah and Umm al Quaiwain. (2) Including Aden and various sultanates and emirates. (3) Comprising the Society Islands (including Tahiti), The Austral Islands, The Tuamotu-Gambier Group and the Marquesas Islands.

(4) Trust Territory of the Pacific Islands: Caroline Islands, Marshall Islands, and Marino Islands (except Guam).

Section 4.02 Bid Opening Procedures Section 4.03 Clarification cr Alteration of Bids Section 4.04 Procedures to be Confidential Section 4.05 Examination of Bids Section 4.06 Postqualification of Bidders Section 4.07 Evaluatkm and Comparison of Bids Section 4.08 Rejection of Bids Section 4,09 Award of Contract

Ai tide V Guidelines for Use of Consultants

Section 5.01 Independence of Consultants Section 5,02 Selection of Consultants Attachment : Eligible Source Countries

Guidelines for procurement under the Loon

ARTICLE I

GENERAL

Section 1.01 Introduction

(a) These Guidelines set forth the rules which THE OVERSEAS ECONOMIC COOPERATION FUND (herein- after called "the Fund") generally applies to the procure- ment of goods and services for a development project which the Fund finances in whole or in part by its loan.

(b) The proceeds of the Fund's loan are required to be used with due attention to considerations of economy, effi- ciency and non-discrimination among countries which are eligible for procurement of the above-mentioned goods and services (such countries are hereinafter called "the eligible source- countries"). The Furjd considers that in most cases formal open international tendering is the best method for achieving the economical and efficient procurement of the goods and services required for the development projects it finances. The Fund therefore normally requires its borrowers to obtain goods and services through formal open inter- national tendering,

(c) The application of these Guidelines to a particular project financed by fhe Fund, the extent to which bidding documents and procurement procedures are subject to review by the Fund to ensure conformity with these Guidelines, eligible source countries aad provisions for permissible im- ports from non-eligible source countries shall be stipulated in the contractual documents for the loan extended by the Fund for that project.

(d) The ultimate responsibility for the procurement of goods and services on any projects rests with the owner of the project. Since the owner is usually also the borrower, the term borrower has been used in these Guidelines to refer to the owner as well. The rights and obligations of the borrow- er vis a vis bidders for goods and services to be furnished for the project are governed by the bidding documents issued by the borrower and npt by these Guideljnqs, which are concerned only with the relationship between the borrow- er and the Fund.

Section 1.02, Procedures other than Formal Open Inter-

national Tendering.

There may be special circumstances in which formal open international tendering may not be- appropriate and the Fund may accept alternative, procedures in ewes of following :

(a) Where the borrower has convincing reasons for maintaining a reasonable standardisation of his equipment.

(b) Where the number of qualified suppliers is limited,

e.g. of spare parts for existing equipment.

(c) Where the amount involved in the procurement is so small .that foreign firms clearly would not be interested, or that the advantages of formal open international tendering would be outweighed by the administrative- burden involved.

(d) Where, in addition to the cases (a), (b) and (c) above, the Fund deems it inappropriate to follow the formal open international tendering procedures or the Fund deems such procedures Inapplicable for

example in case of emergency procurement.

ID the above mentioned cases the following procurement formulas may be applied in such a manner as to comply with the formal open international tendering procedures to the fullest possible extent as appropriate :

(i) Formal Selective International Tendering

(ii) Informal International Competitive Procurement

(iii) Direct Purchases from a Single Supplier

Section 1.03. Type and Size of Contracts

Contracts can be let on the basis of unit prices for work performed or items applied or of a lump sum price, or a combination of both for different portions of the contract, according to the nature of the goods or services to be pro- vided and the bidding documents should clearly state the type of contract selected.

Contracts based principally on the reimbursement of actual costs are not acceptable to the Fund except in exceptional circumstances,

Tn order to foster widespread competition, individual con- tracts for which bids are invited shall, whenever feasible, be of a size large enough to attract bids on an international basis. On the other hand, if if is technically and adminis- tratively possible to divide a project into contracts of a specialized character and such division is likely to be advan- tageous and to allow broader formal open international ten- dering the project shall be so divided.

Single contracts for engineering, equipment and construc- tion to be provided by the same party ("Turnkey Contracts") are acceptable if they oiler technical and economic advantage for the borrower country.

ARTICLE II

ADVERTISING AND PREQUALIFICATION

Section 2.01. Advertising

On all contracts subject to formal open international tendering invitations to bid should be advertised in at ltast one newspaper of general circulation in the borrower's country. Copies of the invitation to bid for the advertise- ment should also be transmitted promptly to local represen- tatives of the eligible source countries.

Section 2.02. Prcqualification of Bidders

In case the Fund recognises necessity of prequalification of bidders, the Fund requires the use of prequalification. It should be done taking into account (i) the experience and Pjist performance of each firm on similar work, (ii) its capabilities with respect to personnel, equipment and plant, and (iii) its financial positions. Abbreviated specifications shall be made available to contractors desiring to be consi- dered for qualification. When prequalification is employed, all firms which are found to be qualified shall be permitted to bid.

ARTICLE ITI

BIDDING DOCUMENTS

Section 3.01. References to the Fund

Bidding documents should refer to the following

language :

" (name of borrower) has received (or in appropriate cases 'has applied for') a loan from THE OVERSHAS ECONOMIC COOPERATION FUND in towards the cost of (name of project)."

Section 3.02, Bid Bonds or Guarantees

Bid bonds or bidding guarantees are usual requime- ment, but they should nor be set so high as to discourage suitable bidders. Bid Bonds or guarantees should be released to unsuccessful bidders as soon as possible after the bids have been opened.

Section 3.03. Conditions of Contract

The conditions of contract should clearly define the rights and obligations of the borrower and the contractor or sup- plier, and the powers and authority of the engineer, if one is employed by the borrower, in the administration of the contract and any variations thereunder. In addition to the customary general conditions of contract, some °l which are referred to in these Guidelines, special conditions appro- priate to the nature and location of the project should be included.

Section 3,04. Clarity of Specifications

Specifications should set forth clearly and precisely as possible the work to be accomplished, the goo^s and ser- vices to be supplied and the place of delivery or installation. The drawings should be consistent with the text of the speci- fications ; where they are not, the text shall govern. The specifications should identify the main factors or bases which will be taken into account in devaluating and comparing bids. Any additional information, clarification, correction of errors or alterations of specifications shall be sent promptly to all those who had requested the original bidding docu- ments. Invitations to bid should contain an indication of the eligible source countries and any provision for permissible imports from non-eligible source countries.

Except where the Fund has agreed to procedures other than formal open international tendering (see Section 1,02) the specifications should be so worded as to permit and en- courage the widest possible international bidding.

Section 3.10. Price Adjustment Clauses

Bidding documents should contain a clear statement whe- ther firm prices are required or escalation of the bid prices is acceptable.

In appropriate cases, provision should be made for adjust- ment (upwards or downwards in the contract prices in the evcVit 'chariges occur' in prices of the major cost constituents of the contract such as labour and important materials.

The specific formula for price adjustments should be clearly defined in the bidding documents so that the same provisions will apply to all bids,

A ceiling of prices adjustment should be included in con- tracts for the supply of goods, but it is not usual to include such a ceiling in contracts for civil works.

No price adjustments should normally be provided for

goods to be delivered within one year.

The Guidelines do not attempt to identify the various

methods by which contract prices may be adjusted.

Section 3.11. Advance Payments

The percentage of the total payment to be mnde in advance from effectuation of the contract for mobilization expenses should be reasonable. Other advances to be made, as for example for materials delivered to the site for incor- poration in the works, should also be clearly described in the bidding documents.

Section 3.12. Guarantees, Performance Bonds and Relen*

Section 3.05. Standards

tlon Money

If national standards to which equipment or materials must Cbtrlpjy are cited, the specifications should state that goods meeting Japan Industrial Standard or other interna¹- fitonal accepted standards, which ensure an equal or higher quality than the Standards mentioned, will also be accepted.

Section 3.06. Use of Brand Names

Specifications should be based on performance capability and should only prescribe brand names, cntalogue numbers, or' products of a specific manufacturer if specific spare parts are'required or it ;has Wen determined that a degree of standardization is necessary to maintain certain essential ftaWires, In the latter case the specifications should permit Offers of alternative goods which have similar characteristics arid provide performance and quality at least equal to those specified.

Bidding documents for civil works should require some form of surety to guarantee that the work wjll be continued until it is completed. This surety can be provided either by a baijk guarantee or by a performance bond, the amount of which will vary with the type and magnitude of the work, but should be sufficient to protect the borrower in case of default by the contractor. Its life should extend sufficiently beyond completion of the contract to cover a reasonable warranty period. The amount of the guarantee or bond required should be defined in the bidding docu- ments.

Section 3,07. Expenditures under Contracts

In contracts for the supply of goods it is usually prefer- able to have a percentage of the total payment held as retention money to guarantee performance than to have a bank guarantee or bond. The percentage of the total pay- ment to be held as retention money and the conditions for its ultimate payment should be stipulated in the bidding documents. If, however, a bank guarantee or bond is pre- ferred it should be for a nominal amount,

Section 3,13. Insurance

i

The bidding documents should state pteciscly the types

of insurance to be provided by the successful bidder.

Section 3.14. Liquidated Damage and Bonus Clames

As the use of the Fund's loan is limited to financing ex- penditures for goods produced in the territories of the eligible source countries, permissible imports from non- eligible source countries and Services supplied from the eligible source countries, the bidding documents should require the contractor or supplier to limit his expenditures under the contract accordingly or to identify expenditures in non-eligible source countries in his statements or invoices.

Hsh should be added to the such documents and it is re- quired to specify which is governing.

Section 3.17. Settlement of Disputes

Provisions dealing with the settlement of disputes should be included In the conditions of contract. It 1" appropriate that the provisions should be based on "Rules of Concilia- tion and Arbitration" which has been prepared by Interna- tional Chamber of Commerce.

ARTICLE IV

Bid Opening,.Evaluation and Award of Contract lie expressed in monetary terms according to criteria speci- fied in the bidding documents. The amount of escalation for price adjustments, if any, included in the bids should not be taken into consideration.

Section 4.01. Time Interval between Invitation and Submis-

sion of Bids

The time allowed or preparation of bids will depend to a large extent upon the magnitude and complexity of the con- tract. Generally not leas than 45 days should be allowed for international bidding, Where large civil works ore involved, generally not less than 90 days should be allowed to enable prospective bidders to conduct investigations at tb> site before submitting their bids. The timo allowed, however, should be governed by the circumstances relaing to each project.

Section 4.02. Bid Opening procedures

The date, hour and place for latest receipt of bids and for the bid opening should be announced in the invitations to bid and all bids should be opened publicly at the stipulat- ed time, Bids received after this time should be returned unopened. The name of the bidder and total amount of each bid and of any alternative bids if they have been requested or permitted should be read aloud and recorded.

The currency or currencies in which the price offered in eticli bid would be paid by the borrower if that bid were accepted should be valued in terms of a single currency selected by the borrower for comparison of all bids and stated in the bidding documents. The rates of exchange to he used in such valuation should be the selling rates pub- lished by an official source, and applicable to similar trans- actions on the day bids aro opened unless there should be a change in the value of the currencies before the award is made. In such cases the exchange rates at the time of the decision to notify the award to the successful bidder should be used.

A detailed report on the evaluation and comparison of bids setting forth the specific reasons on which the deter- mination of the lowest evaluated bid is based should be prepared by the borower or by its consultants.

Section 4.08. Rejection of Bids

Section 4,03, Clarifications or Alteration of Bids

No bidder should be permitted to alter his bid after the bids have been opened. Only clarifications not changing the substance of the bid may be accepted. The borrower may ask any bidder for a clarification of his bid but should not ask bidder to change the substance or price of his bid.

Bidding documents usualy provide that borrowers may reject all bids. However, all bids should not be rejected and new bids invited on the same specifications solely for the purpose of obtaining lower prices in the new bids, except in cases where the lowest evaluated bid exceeds the cost esti- mates by a substantial amount. Rejection of all bids may also be justified when (a) bids are not responsive to the intent of the bidding documents, or (b) there is a lack of competition. If all bids are rejected, the borrower should review the cause or causes justifying the rejection and either consider revisions of the specifications or modification in the project (or amounts of work on items called for In the original invitation to bids), or both. In special circumstan- ces, after consultation with the Fund, the borrower may negotiate with one or two of the lowest bidders to try to obtain a satisfactory contract.

Section 4.09. Award of Contract

Section 4.04. Procedures to be Confidential

Except as may be required by law, no information relat- ing to the examination clarification and evaluation of bids and recommendations concerning Awards should be com- municated after the public opening of bids to any persons not officially concerned with these procedures until the award of a contract to the successful bidder is announced.

Sectlon 4.05. Examination of bids

The award of a contract should be made to the bidder whose bid has been determined to be the lowest evaluated bid and who meets the appropriate standards of capability and financial resources. Such bidder should not be required, as a condition of award, to undertake responsibilities or work not stipulated in the specifications or to modify his bid.

After bids have been analyzed, copies of the analysis of bids and proposals for awards, together with the reasons for such proposals, shall be submitted to the Fund for ap- proval.

ARTICLE V

Guidelines for the U*e of Consultants

Section 5.01. Independence of Consultants

Following the opening, it should be ascertained whether material errors in computation have been made in the bids, whether the bids are fully responsive to the bidding docu- ments, whether the required, sureties have been provided, whether documents have been properly signed and whether the bids are otherwise generally in order. If a bid does not substantially conform to the specifications, or contains in- admissible reservations or is not otherwise substantially res- ponsive to the bidding documents, it should be rejected. A technical analysis should then be made to evaluate each responsive bid and to enable bids to be compared.

Consultant firms employed in relation to a project financ- ed under tbe Funds shall be independent in the sense that their advice and the designs, specifications and tender docu- ments prepared by them shall be free of national, commer- cial or industrial bias.

Section 4.06. Postqtialificatlon of Bidders

In the absence of prequalification, the borrower should determine whether the bidder whose bid has been evaluat- ed the lowest has the capability and financial resources effectively to carry out the contract concerned. If the bid- der does not meet that test, his bid should be rejected.

Section 4.07. Evaluation and comparison of Bids

Bid evaluation must be consistent with the terms and conditions set forth in the bidding documents. In addition to the bid price, adjusted to correct arithmetical erros, other factors such as the time of completion of construc- tion or the efficiency and compatibility of the equipment, the availability of service and spare parts, rind the reliabi- lity of construction methods proposed should be taken into confederation. To the extent practicable these factors should Consulting engineers who are associated with contracting or manufacturing firms shall be used only If they disqualify themselves and their associates for work in any other capa- city on the same project. In tbe case of consulting engineers who are affiliates of manufacturers offering consulting ser- vices steps shall be taken not only to ensure that the com- pany to which the consultant is affiliated will be disqualified from future bidding on any part of the project, but also that specifications will be impartial and can be complied with on a competitive basis.

Section 5,02. Selection of Consultants

Formal competitive bidding procedures are not required for the selection of consulting firms. However, in the pro- cess of selection the borrower shall consider a reasonable

number ol" prospective firms, including those notified by the Fund, which can be expected to render competent nnd in- dependent services from the eligible source countries, In- vitations to submit proposals shall be extended to at least three firms. Proposals, when received it should first be qualitatively compared, i.e., with respect to plans of ap- proach, schedules, experience and capabilities of personnel to be assigned; after selection of a firm or firms considered to be best qualified for the assignment has been made, nego- tiations to agree upon the price and other financial terms of the contract should be opened so as to reach the final decision. The Fund reserves the right to approve the choice of the consultant to be employed or already employed by the borrower for the preparation and supervision of the project financed by the Fund.

ANNEXURE III (1) Payment terms and probable dates on which pay-

ments under the contract will fall due.

(m) Expected date of completion of deliveries.

(n) Documents to be presented at the time of pay- ment to Bank of India, Tokyo (indicating No. of sets of each and their disposal),

(o) Shipment instructions (indicate if trans-shipment/

part-shipment permitted or not permitted).

(p) Name and address of the importer's bank in India.

(q) Whether a contract (s) under the same licence has been placed and notified to the Japanese authori- ties, and if so, the No., date and value_ of each such contract and the reference of the Ministry of Finance under which it has been notified to the O.E.C.F.

Request for Issue of the letter of authority

No. Date :

To

ANNEXURE IV

(Letter of Authority Form)

No, F.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(Department of Economic Affairs)

The Controller of Aid Accounts & Audit, Ministry of Finance, Department of Economic Affairs, U.C.O., Bank Building, 1st Floor, Parliament Street, New Delhi-110001.

Sub -.—Import of

from Japan under the Yen Credit No. W-P5 (Project Aid) for 1979-80.

Sir,

In connection with the import of from

under the above mentioned Yen Credit No, ID-P.5 (Pro- ject Aid) we furnish the following particulars to enable you to issue the Letter of Authority t) the (name of the Bank) which should be the same as given in (n) below for opening a letter of credit in favour of the overseas supplier concerned).

(a) Name and Address of the Indian importer.

(b) Number, date and value of the import licence and

date upto which it is valid.

(c) Method of procurement—whether it is based on direct purchase or Formal Open International tendering in which case it should be indicated whe- ther the contract has been awarded on the basis of technically suitable offer with reasons, if any,

(d) Brief description of the goods,

(e) Origin of the goods.

(f) Percentage of the import components from non-

eligible source countries, if any.

(g) Gross FOB value of contract (in Yen),

(h) Amount of Indian agents commission in (Yen), if

any.

(i) Net FOB value (In Yen) for which the Letter of

Authority is required.

(j) Number and date of the contract with Overseas

suppliers.

(k) Name and Address of the Overseas Supplier :

(i) Nationality.

(ii) Percentage of the shares held by Nationals of the

eligible source countries.

(Hi) Nationality of the representatives and/or President

of the Supplier.

(iv) Percentage of Directors who are nationals of

eligible source countries.

New Delhi, the

To

The Bank of India, Tokyo Branch Tokyo (Japan).

Subject : Import under Yen Credit (Project Aid)—Loan Agreement No, ID-P5—Issue of Letter of Authority for opening Letter of Credit.

Dear Siva,

In accordance with the terms and conditions of the agree- ment dated 25-3-1980 entered into with your Bank, you are hereby authorized to open irrevocable Letter of Credit for an amount not exceeding Yen'—— — favouring M/s.——— —-—as per attached details,

A copy each of the letter of crsdit opened by your Bank may be endorsed to the importer's Bank; to the OECF Embassy of India, Tokyo and to us.

Payments to the suppliers in terms of the letter of credit will be made initially out of your own funds. After pay- ments, you must claim immediately reimbursements of the amounts paid by furnishing necessary documents to the OECF.

For the time lag between the dates of payment by you to the supplier and the date of its reimbursement by the OECF, you will be paid interest as per terms of the above agreement by (he Embassy of India, Tokyo, The other banking charges including those on account of opening maintenance and for the operation of the Letter of Credit as also tho^e connected with handling negotiating docu- ments nnd charges of overseas suppliers bankers if any, arc to be borne by the Overseas Suppliers and hence not pay- able by the importer and may therefore be recovered from the Suppliers directly. As such no reimbursement of such charges is to be claimed from the OECF.

As and when any payment is made by you and reimburse- ment is made to you, an advice in the prescribed form should be sent to this Ministry.

This Letter of Authority is intended for opening of L/C favouring the overseas suppliers. Subsequent amendments to L/C or further fresh T. /Cs agninst this authorisation may not be acted upon in ihe absence of a specific autho- rity from this MimVtry,

This Letter of Authority will remain valid upto. ,

Yours faithfully,

Accounts Officer

Copy forwarded to :—•

1. Importer • • ^wilh reference to their letter

No.- •——dated— —.

2. Importers' Banker —. They arc re- quested to arrange lo deposit the rupee equivalent of the Yen payment to the overseas suppliers on receipt of docu- ments from the Bank of India, Tokyo Branch. The rupee euivalent of amounts disbursed to the suppliers will have to be calculated by applying the composite rate of conver- sion as prevailing on the date of payment to overseas sup- pliers in acwrdnncc with the Public Notice No. R-ITC(PN)/ 76 dated 17-1-1976 or such other Public Notices as mny be issued from time to time. It should be ensured that these deposits are made before the original set of import documents arc handed over to the importer for Customs clearance.

These amounts should be deposited cither with the RBT, New Delhj or the S.B.I., Tip Hazari, Delhi. In this con- nection their attention is nlso invited to the nrovisfons of the Public Notices No. 184-ITC(PN)/68 dated 30-6-G8, 233-ITC (PN)/68 dated 24-10-1968, 132-ITC(PN) /71 dated 5-10-1971, No. 74-ITOPNI/74 dated 31-5-1974 and No. 103-lTCfPN)/ 76 d.ited 12-10-1976. The head of Account to be credited is "K-Deio'its and Advances—843—Civil Deposit'—Deposit for purchases etc, abroad under Purchases under Credit/ Loan Agreement—Loans from the Government nf lapan— 2 7 billion Yen Credit (Project Aid) No. TD-P.5 for 1979-80".

One copy of the challan in original, in cases where the rtjpre equivalents are credited in cash at the RBI, New Delhi, or the SBI. Tis Hnzari, Delhi as prescribed in Public Notice No l32-ITCfPN)/71 dated 5-10-1971. should be sent by them to dvic£ n6tes receiv- ed from the Bank of India, Tokyo Branch.

The Controller of Aid Accounts & Audit. Ministry of Finance (Department of Economic Affairs'), 1st Floor. UCO Bank Building, Parliament Street, New Dclhi-1,

In cases where the rupee equivalents arc remitted by means of demand drafts as laid down in the Puhli; Notice dated 24-10-1968 mentioned above, intimations thereof should be sent to the address given above. Tn all cases, full pa'-ticulars of the rupee equivalents denosited should be furnished to this Department.

The hanking charges, interest and other charges of the Bank of Tndin. Tokyo Br^inrh (including charges of 1he overseas supplier' hankersX if any nhotiM be settled by paying their runee equivalents to th" Principal Accounts Officer in the Ministry of Extcrna' Affnirs. New l>1hi. For this purpose approDriate advice¹; will be sent by ihis Deoart- ment rn r c r i "t nf relevant information from the Bank ot India, Tokyo /Embassy of India in lapan.

3. The Direc'c, T o:m Dena'tment-II. Overseas Economic Cooperation Fund. Tnkebashi Gbdo Building 4-1, Ohtemn- chi 1-Chome, Chiyodu-Ku, Tokyo 100. lapan,

4. Embassy of India, Tokyo.

5. The Tinder Secretory. Ja^nn Section, Ministry ot

Financ?. Department of Economic Affairs, New Delhi.

Accounts Officer.

/"NNEXURR V

Form OECF-LCT

Irrevocable Lett-r of Credit

dated— ——

between (Borrower") and the Overseas Economic Co- operation Fund.

Dear Sirs,

We advise you that we have opened our irrevocable credit No.— —in your favour for account of— — for a sum or sums not exceeding an aggregate amount of

—— — (Say Yen ) available by

your draft at sight for full invoice value drawn on us, to be accompanied by ihe following documents :

Signed commercial invoice in

Full set of clean on board ocean bills of lading made out to order and blank endorsed pnd marked "Freight" and "Notify " Other documents

evidencing shipment of (brief description of goods to be shipped referring to Contract No, (if any)

from

to . Partial shipments arc

permitted. Transhipment is

permitted. Bills of lading must be dated not later than Drafts must be pre-

sented for negotiation not later than.

All drafts and documents under this credit must be mar-

ket "Drawn under

irrevocable credit No.

, dated and Import Reference

Nti, (s), (if any)".

This credit is not transferable.

We hereby undertake that all drafts drawn under and in compliance with the terms of the credit shall be duly hon- oured on due presentation and delivery of documents to the drawee

Unless otherwise expressly slated, this credit is subject to "Uniform Customs and Practice for Documentary Cre- dits (1974 Revision), International Chamber of Commerce Bochure No. 290".

Spfeditf Instructions to fht itogOflating bunk :

1. After obtaining the reimbursement for our payments from the Overseas Economic Cooperation Fund in ac- cordance with the provisions of the Letter of Commitment issued thereby under the above-mentioned Loan- Agreement, we undertake to remit the amount of the drafts in accord- ance with instructions issued by the negotiating bank.

2. The negotiating bank must forward the drafts and one complete set of documents to us together with the certifi- cate stating (hat the remaining documents have been air- mailed direct to .

3. All banking ch&rges under this credit are for the ac-

count of suppliers.

Yours faithfully,

fa commercial bant)

By _ — —

(Authorised Signature)

PAYMENT TERMS

This oavmsnt terms constitutes an integral part of out Letter (Applicable for goods)

To- Dnte :

(Name and address of the Supplier)

of Credit No

I. Initial Payment :

Amount ;

being "„' of the tola!

944/1

Required documents :

Latest presentation date :

II. Intermediate Payment (if any)

Amount :

being % of the total

contract price.

Required documents : Latest presentation dfte :

III. Payment against Shipping Documents

Amount :

being % of the total

contract price.

Note : This attached sheet is not required in case of full paymen*

against shipping documents.

ANNEXURE VI

Form OECF-LC II

Irrevocable Letter of Credit

(Applicable for Services)

Date :

To

__ This Letter of Credit has heen issued pursuant to

. . Loan Agreement No.— dated—— —, between

(Name and address (Borrower) and The of the Supplier) Overseas Economic Co-

operation Fund.

Dear Sirs,

We advise you that we have opened our irrevocable

cicdif No—• -in yooi favour for account of for u sum or sums not exceeding an aggregate amount of Y— — (Say Yen ) available by beneficiary's drafts at sight for full Statement value drawn on us.

.. with regard to -—

To be accompanied by the required documents, in accord- ance with the Payment Schedule attached hereto, concerning (Contiact No Project). Drafts must be presented for negotiation not later than

All drafts and documents must be marked "Drawn under

' irrevocable credit No. dated This credit is not transferable.

We hereby undertake that all drafts drawn under and in compliance with the terms of the credit shall be duly hon- oured on due presentation and delivery of document to the drawee.

Unless otherwise expressly stated, this credit is subject to "Uniform Customs and Practice for Documentary Credits (1974 Revision), International Chamber of Commerce Bro- chure No. 290".

Special Instructions to the negotiating bank :

1. After receipt of the original Statement of Perform- ance issued by (Borrower oi its designated authority) in ac- cordance with the form attached hereto, paymcnt(s) under this credit must be made in accordance with the Payment Schedule stipulated in the sheet attached hereto. Tn case of the initial payments, the bcneficiaty's Statement is required instead of ihe above-mentioned State of Performance,

2. After obtaining the reimbursement for our payment from The Overseas F.conomic Cooperation Fund in accordance

784 G l / 8 0 -^

with the provisions of the L^ttpr of Commitment issued there- by under the above-mentioned L6an Agreement, we under- take to remit the amount of the drafts in accordance with the instructions issued by the riegotiatlng bank.

3. A copy of the document as mentioned in item 1 above the drafts shall be sent to us immediately¹ after the receipt thereof.

4, All banking charges under this credit are for the ac-

count of the suppliers.

Yours faithfully,

(a commercial bank)

By : __

(Authorized Sigmlure)

PAVMENT SCHEDULE

This payment schedule constitutes an integral part of our

Letter of Credit No

I. Initial Payment

Amount :

being % of the total

contract price.

Requiied documents : beneficiary's Statement

Latest presentation date :

II. Progress Payment

Aggregate amount :

being % of the total con- tract price to be paid as follows :

Amount due Latest presentation

date

lstlnstalmcnt :

?rd Instalment :

Required document : a copy of Statement of Performance issued by (Borrower or its designated authority), a form of which is attached hereto.

STATEMENT OF PERFORMANCE

Date :

Ref, No.

To

(Name and address of the Supplier)

Re ; Lettet of Credit No dated

issued by for

in favour of concerning Project

under Loan Agreement No

I, th: undersigned, representing (Borrower), hereby issued a Statement of Performance to entitle to receive the sum of (Yen only) from THE OVERSEAS ECONOMIC COOPERATION FUND in accordance with the Payment Terms stipulated in the Contract , between No ! dated

and

(Borrower)

fly:

(Authorised Signature)

Special Instructions :

The details of the "ictual performance shall be stated in the

sheet attached hereto.

PUBLIC NOTICE NO. 38—ITC(PN)/80

New Delhi, the 1st October, 1980

Subject: Import Policy for April 1980—March 1981.

Attention is invited to Import Policy for April 1980—March 1981 published under the Department of Commerce Public Notice No. 9-ITC(PN)/80 dnted the 15th April, 1980.

944/3

below i

Amendments

Reference

s.

Pa#>Na."f

Import

Polky,

1980-81

4

¹

3

X

1. 24

Users in accordance with the provisions made in the Ministry of Commerce Pub- lic Notice No. 33-ITC (PN)/80 dated 19-8-1980. As components their import may be allowed to Actual Users under the pro- cedure for supplementary licences.

After the existing para 111, the following new para shall be added :—

Chapter 15-

Miicelleneous

Provisions.

This Entry, shall be deleted.

2. 47

Appendix 1, Entry No. 6(15)

This entry shall be deleted.

3. 82

Appendix 5, Entry No. 140A (lv)—High Stre- ngth glass fibre fabric and roving;

This ontry shall be amended

87

4.

to read as under :

Appendix 5, Entry No. 389

87

89

89

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, JUNO ROAD NEW DELHI-1 10064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1980