THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

VUT(ii) Notifying Suppliers of Special Conditions.

The hcencee should apprise the supplier of any special

provisions in the import licence which

may alfoci

the sup-

pliers in carrying out the transaction.

VIII(in) Disputes.

It should be understood that the Government of India will

not undertake any responiibility for dispute* if any. that

may arise between the- licences and the suppliers. The con-

ditions to be fulfilled by the supplier before payment by the

Bank of India, Tokyo must be clearly spelt out by

the

importer in Annexure—III under "Terms of Payment". Pro-

visions dealing with settlement of disputes should be included

in the conditions of contract.

VllJ(iv) Putin e Instructions.

The licencce shall promptly comply with uny directions,

instructions or orders issued by the Government of

Tndia

from time to time regarding any and all matters arising

from or pertaining to the import licence and for meeting jll

obligations under the Yen Credit Agreement (Project Aid)

No. H>-P. 18 with the Overseas Economic Cooperation Fund

ot Japan

(OECF).

VlII(v) Breach or violation.

Any breach or violation of the conditions set forth in the

above clauses will result in appropriate action under

the

Imports and Exports (Control) Act.

VNI(vi) List of Annexures.

Annexure—1 List of eligible source countries.

Anaexurc—II Broad Guidelines for Procurement.

Anncxure—HI Request for issue of letter of

Autho-

rity.

Annexure—IV Form of Letter of Authority.

Annexure—V Form of Letter of Credit (Applicable to

Physical Imports).

Annexurc—VI Form of Letter of Credit (Applicable

to Services).

ANNEXURE 1

LIST OF ELIGIBLE SOURCE COUNTRIES

A Developing Countries and Territories

(al) Non-OPEC Developing Countries

T. AFRICA, North of Sahara

Egypt

Morocco

Tunisia

11. AFRICA, South of Saturn

Angola

Botswana

Burundi

Camereon

Cape Verde Islands

Central African Ken.

Chad

Comoro Island*

Congo, People's Republic of

Dahomay

Equatorial Guinea (1)

Ethiopia

Gambia.

Ghansi

Guinea

Tvory Coast

Kenya

Lesotho

Liberia

Malagasy Republic

Malawi

Mali

Mauritania, Mauritius

Moozamriique

Niger

Portuguese- Guinea

Reunion

Rhodesia

Rwanda

Si. Helena and Dep (2)

Sao Tomo and Principe

Senegal

Seychelles

Sierra Leonr

Somalia

Sudan

Swaziland

Tcrro. Afars and Issas

Togo

Uganda

Un. Rep. of Tanzania

Upper Volia

Zaire Republic

Zambia

III. AMERICA. North and Central

Bahamas

Barbados

Belize

Bermuda

Costa Rica

Cuba

Dominican Republic

El Salvador

Guadeloupe

Guatemala

Haiti

Honduras

Jamaica

Martinique

Mexico

Netherlands An Tilles

Nicaragua

Panama

St. Pierre Jf Miquelon

Trinidad and Tobago

(1) Formerly the territory of Spirtilsh Guinea, includins

the island of Fernando Po.

f2) Includinsj the following islands

: Ascension. 'I.umn-

da Inacces-sibles, Nightingale, Gougft.

(3) Main islands,

Aruba,

Bonaire,

Guracno, Saha

Fusficit, St. Martin (Southern part).

America, Norlh & Central

West Indie* (Br.) n.i.e.

(a) Associated States (1)

(b) Dependencies (2)

IV. AMERICA, South

Argentina

Bolivia

Brazil

Chile

Colombia

Falkland Island*

French Guiana

Guyana

Paraguay

Peru

Surinam

UrugUby

V. ASIA, Middle Eait

Bahrain

Israel

Jordan

Lebanon

Oman

Syrian Arab Republic

United Arab Emirates (3)

Yemen Arab Republic

Yemen, People's D,R. (4)

. VI. ASIA. Soyth

Afghanistan

Bangladesh

Bhutan

Burma

India

Maldivis

Nepal

Pakistan

Sri Lanka

VU. ASIA, F.ir East

Brunei

Hong Kong

Khmer Republic

Korea, Republic ot Loas

Macao

Muluyt>:i

Philippines

Singapore

Thailand

Thmland

"limor

Viet-Nam, Rep- of

Vict-Nam Dem, Rep.

VIII. OCEANIA

Coek. Island*

Fiji

Gilbert & FlUce Is.

("ronch Polynesia (5)

Nauru

New Calendonia

New Hebricc (Br. and Fr.)

Niuo

Pacific Fslands (US) (6)

Papua New Guinea

Solomon Islands (Br,)

Tonga

Wallis and Futuna

Western Samoa

IX. Europe

Cyprus

Gibraltar

Greece

Malta

Spain

Turkey

Yugoslavia

(1) Main islands : Atigue,

Domin.'ca,

Grenada,

St. KiLts

(Si. Caristophe), Nevis-Anguilla,

St. Luciu and

St.

Vincent

(2> Main islands; Montserrat, Cayman, Turks and Caicos,

and British Virgin Islands.

(3) Ajman, Dubai, FujaJxak Raa al Khaimah, Sharjah and

Umm al Quaiwain.

(4) Including Aden and various sultanates and emirate?.

(5) Comprising the Society Islands (including Tahiti), TLa

Austral Islands, the Tuamotu-Gambier Gioup and

the

Marquesas Islands.

(6) Trust Territory of the Pacific Island* : Caroline Islands.

Marshal Islands and Marine Islands (except Guam),

(u2) Member of Association Countries of OPEC :

Algrcia

Bolivia

Libyan Arab Republic

Gabon

Nigciiu

Ecuador

Vcnrzuela

Iran

Iraq

Kuwait

Qatar

Saudi Arabia

Abu Dhabi

Indonesia

ANNRXURE-ll

Main guideline* for procurement of goods and sci vices under

the Pro]cci Loans as formulated by OECF :

I. Advertising

For all contracts subject to Formal

Open International

Tendering, invitations to bid shall be advertised in at least

one newspaper of geneial circulation in Indirf

II. Bidding Documents and Contrach

II-1. Bid Bonds or Guarantees

Bid bonds or bidding guarnnrees .ire u UMWI requirement

but they should not be Set su high as tr> discotiiage suitable

bidders,

Bid bonds or guarantees should be released io un-

successful hidden as soon as possible after the bids have

been opened-

11-2. Conditions of Contiact

The conditions of contract should clearly define the rights

.ind obligations of the importer and the contractor or sup-

plier, and the powers and authority of the engineer, if one

is employed by the importer, in the: administiation of the

contract and any variations thereunder.

In addition to the

customary general conditions of contract, some of which are

referred to in these Guidelines, special

conditions appro-

priate to the nature and location of the project should be

included.

II-3 Type and Size of Coritract

Contracts can bo let on the basis of unit pi ices for work,

performed or items supplied or of a lump sum price, or a

combination of both for different portions of the contract,

according to thci nature of the goods or services to be pro-

vided and the bidding documents should cle;illy

state the

type of contract selected.

Contracts based principally

on the reimbursement

actual costs are not acceptable by the Fund except in excep-

tional circumstances.

Single contracts for engineering, equipment and construc-

tion to be provided by the same party ("Turnkey Contracts")

are acceptable if they offer technical and economic advan-

tages for the borrower country.

JM. Eligible Suppliers

Exporters or suppliers whose goods and services arc to

be financed out of the proceeds of the Loan (hereinafter

referred to as "the eligible supplier") shall be nationals of

the eligible source countries satisfying the following condi-

tions :—

(1) a majority of subscribed

shares shall be held by

nationals of the eligible source countries,

(2) a majority of full-time directors shall be nationals

of the eligible source countries, and

(3) such juridical 'persons' shall be registered in the

eligible source countries,

MM. Contract Price

(a) The contract price should be stated in Japanese Yen

piovided, however, thm the portion of the conraei

price

which the contractor will spend in the bonower's country

should be stated in the borrower's currency.

(b) Price Adjustment Clauses.—Bidding documents- should

contain a. clear statement whether firm rtrices are required

or escalation of the bid prices is acceptable

A provision sihould be made for adjustment H the. con-

tract prices in the event changes occur in th« prices of th«

majcr cost constituents of the contract, such as labour? and

important materials.

The speiflc formula for price adjustments should be clearly

defined in the bidding; documents.

A celling on price adjustment should be included in con-

tracts for the supply of goods, but it is not usual to in-

clude such a ceiling in contracts for civil works.

No price adjustments should normally be provided

for

goods to bo delivered within one year.

743 GI/82— 3

THE GAZETTE Oh 1NDLA : EXTRAORDINARY

[PART I—SEC. 1]

The Guidelines do nof attempt to idrntltfy tlic various

methods by which contract prices may be adjusted.

(o) Insurance.—The bidding documents should state pic-

cisely the types of insurance to be provided

try the suc-

cessful bidder.

111-2. The contract dulv signed by both pprties or pur-

chase order by the Indian importer placed on the overseas

supplier supported by ordei of confirmation in writing by the

overseas supplier, or their photo copies are also acceptable

to the Fund.

TII-3. The following statement of eligibility bv the supplier

shall be added to each contract :

"I (We) hereby state that my (our) con.pany Is r.n

eligible supplier, as———•

per cent

(%)

of the fhares are held by nationals of-

•

(eligible source country), and—•

per cent

(

) of the directors are nationals

(eligible souice country) and my (our)

company has been registered

——— —

(eligible source country)".

IV-1. Standards.—If national standard to

which equip-

ment oi materials must comply are cited,

the specifications

should state that commodities meeting

Japan Industrial

Standard or other internationally accepted standards, which

ensure an equal or higher quality than the standards men-

tioned, will also bo accepted.

IV-2. Use of Brand Names.—Specifications

should bo

based on performance capability and should only prescribed

brand names, catalogue numbers, or products of specific

manufacturer if specific spare parts are required or it has

been determined that a degree of standardization is neces-

sary to maintain certain essential features.

In the latter

case the specifications should permit offers of alternative

commodities which have similar characteristics and provide

performance und quality at least equal to those specified.

IV-3. Guarantees,

Performance

Bonds

and Retention

Money.—Bidding documents for civil works should require

some form of surety to guarantee that the work will be

continued until it is completed. This surety can be provided

cither by a bank guarantee or by a performance bond, the

amount of which ,will vaty with the tyDC and mnjtniti'de

of the work, but should be sufficient to protect the borrower

in case of default by the contractor, Its Jife should extend

sufficiently beyond completion of the contract to

cover a

reasonable warranty period.

The amount of the Ruarantee

or bond required should be defined in tile bidding docu-

ments. ,

In contract for tho supply of goods ii is usually preferable

to have a percentage of the total payment held as retention

money to guaranteo

performance

ihan

have H bank

guarantee or bond. The percentage of the total payment to

be held as retention money and the conditions for its ulti-

mate payment should be slipulated in the bidding documents.

If however, a bank guarantee or bond is preferred it should

be for a nominal amount.

V Liquidated Damage.—Liquidated

damage

clauses

should bo included in bidding documents whon delays

completion or delivery will result in extrn cost, loss of re-

venues or less of other benefits to the borrower.

Provision

may also bo made for a bonus to be paid to contractors for

completion of civil works contracts at or ahead of t^nes

specified in tho contract when such earlier completion would

bo of benefit to the borrower.

VI. Force Majeure.—The conditions of the Contract in-

cluded in the; bidding documents should contain clauses,

when appropriate, stipulating that a failuro on the cart of

the parties to perform their obligations under the Contract

shall not be considered a default under the Contract if such

failure is the lesult of an event of force nujcui'e (to he

defined in the conditions of the Contract).

VTT. Settlement of Disputes—Provision dealing with the

settlement of disputes should be included in the conditions

of thei Contract. It is desiiahle that tho provisions .should be

based on "Rules of Conciliation and Arbitration" which

have been prepared by the International Chamber of Com-

meice or on such other arrangements as may be malually'

acceptable to the Indian Importer and the oversea* supplied.

VIII. Language Interpretation.—Bidding documents should

be prepared in English.

Tf other language should be until

in the bidding documents, English should be added to such

documents and it is icquired

to specify which is go\emiy

IX. Bid Opening Evaluation

and Award of Contiau :

IX-1. Time Interval between Invitation and Submission

of Bids.—-The time allowed for pieparation of bids will

depend to a large extent upon the magnitude and complexity

of the contract.

Geneially not less than 30 days should be

allowed for international bidding.

The time allower, how-

ever, should be governed by the circumstance* relating to

each contract.

IX-2. Bid Opening Procedures.—The date, hour and place

Cor the latest it-ccipt of bids and for the bid opening .should

be announced in the invitations to bid and all bids should

be opened publicly at the stipulated

time.

Bids received

after this time should be returned unopened. The name of

the bidder and the total amount of each bid and of

alternative bids, if they have been requested or permuted,

should be read aloud and recorded.

TX-3. Clarifications or Alternation of Bids—No bidder

should be permitted to alter his bid .ifter the bids have been

opended,

ODly clarifications not changing the substance of

the bid may be accepted. The importer mav ask anyt bidder

for a clarification of his bid but «hould not ask any bidder

to change the sirbstance or (he price of his bid.

1X-4. Piocedures to be Confidential.'—Except

as m.iy be

required by law, no information relating to tho examination,

clarification and evaluation of bids and recommendations

concerning award should be communicated alter the public

opening of bids to any persons not officially concerned with

these procedures until the award of a contract lo the suctrs»

ful bidder is announced.

DC-5. Examination of Bids.—Following tht> opening,

should be ascertained whether material errors in compulsion

have been made in the bids, whether the bids are

Tullv

responsive to tho bidding documents, 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 I ho

specifications, or contains

inadmissible

reservations, or is

not otherwise substantially responsive to *he bidding docu-

ments,

it should be rejected.

A technical analysis should

then be madci to evaluate each responsive bid and to enable

bids to be compared.

1X-6. Post-qualification

of Biddcis.—In

the absence of

prequaUnaationa, the borrower should determine whether

the bidder whose bid

has been evaluated the lowest hiis

the capability and financial resouices effectively to carry nut

the contract concerned.

If the

bidder does not meet that

test, his bid should be rejected.

IX-7. Evaluation and Comparison

of Bids.—Bid evalua-

tion must bo consistent with the terms and conditions set

forth in the bidding documents. In addition to tho bid pi ice

adjusted to correct arithmetical errors, other factors

such

as the time of completion of construction or the efficiency

and compatibility of tho equipment,

tho availability of ser-

vice and

spare parts, and the reliability

of construction

methods proposed should be taken into consideration.

the extent practicable these factors should be expressed

monetary terms according to criteria specified in the bidding

documents. Th© amount of escalation for price adjustments.

If any, included m the bids should not he taken into consi

deration.

The currency or currencies in which the price offered M

eaJi bid would be paid by the borrower, if that

bid weie

accepted should be valued in terms of a single currency

selected by tho borrower far comrairison of &I1 bids and

stated in the bidding documents. Tho rate* of exchange to

be used in such valuation should be the selling rates publi-

shed by an official source, and applicable to similar transac-

tions on the day bids are opened unles, there should bo A

change in (he value of currencies before the award if matte.

In such cases the exchange rates at the time of the decision

to notify the award to the successful bidder should be used.

IX-8. Rejection of Bids,.—Bidding

documents

usually

provide that borrowers may reject all bids.

However, all

bids should not be rejected and new bids invited on ihe

same specificaticnB solely for the purpose of obtaining lower

prices in the new bids, except in cases whore the lowest

evaluated bid exceeds the cost* estimates

by a substantial

amount.

Rejection of all bid-, may also

be justified when

(a) bid* ure not responsive to the intent of the bidding

documents, or (b), theie is a lack of competition.

If alii

bids are rejected,

the bonower should review the cause or

causes justifying the rejection and either consider revision of

the specification^ 01 modification in the project (or timotfnts

of work on items called for in the original invitation

bids), or both.

Tn special circinmtances, riter consultation

with the Fund,

the bonower may negotiate with one or two

of the lowest bidders to try to obtain a satisfactory contract.

IX-9. Award of Contract.—The

Award of a contract

should be made to the bidder whose bid has been determined

to be the lowe-tt evaluated b\d and who meets the appropriate

standards of capability and financial resources.

Such bidder

should not be> lcquired, as a condition of award, to under-

take responsibilities on commodities not stipulated in

the

specifications or to modify his bid.

ANNEX URE IJI

Request for Issue of the Letter of Authority

TJo,

DATE :

The Controller of Aid Accounts & Audit,

Ministry of Finance,

Department of Economic Affairs,

U.C.O. Bank Building, 1st Floor.

Parliament Street,

New Delhi-UOOOl.

Sub .—Import of

from Japan under the

Yen Gedit No. ID-P. 18 (Project Aid) for 1979-80.

Sir,

In connection with the import of

....from

under

the above mentioned Yen Credit No, ID-P. 18 (Project Aid)

we furnish the following particulars to enable you to issue

the Letter of Authority to the

(name of the Bank)

which should be the lame as given in (n) below for opening

a letter of credit in favour of the overseas supplier con-

cerned.

(a) Name and Address ot the Indian importer.

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

date upto which it is valid.

direct puichase or Formal Open International lender

ring in which case it should be indicated whether

the contract has been awarded on the basis of techni-

cally 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 fin yen).

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

if any.

(i) Net FOB vaJue (in Yen) for which the Letter

Authority is required.

(j) Number and date of the contract

with overseat

suppliers.

(k) Name and Address of the Overseas Supplier;

(i) Nationality.

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

eligible source countries.

(iii) Nationality of the representative and/or President

of the supplier.

(iv) Percentage of Directors who are nationals of eli-

gible source countries.

(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 payment

to Bank of India, Tokyo (including No. of sets Of

each and their disposal),

Co) Shipment

instructions

(indicate

trans-ship-

ment/part-shipment permitted or not permitted).

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

(q) Whether a contract(s) under the same licence has-

been placed notified

to the Japanese authorities,

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.

ANNEXURE-IV

(Letter of Authority Form)

MINISTRY OF FINANCE

(Department of Economic Affairs)

New Delhi, thr.

The Bank of India,

Tokyo Branch,

Tokyo (Japan).

Subject :—-Import under Yen Credit (Project Aid).—^Loan

Agreement

No.

ID-P.

18-Issue

Letter

Authority tor opening Letter of Credit.

Dear Sirs,

In accordance with the terms end 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 credit opened by your Bank

may be endorsed to the

importer's

Bank; to tho 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 rcimburstments 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 the Embassy of

India, Tokyo. The Other

banking charges including those on account of opening,

maintenance and for the opeiation of the Letter of Credit

as also those connected with handling negotiating docu-

ments and charges of overseas suppliers bankers if any, are

to be borne bv the Overseas Suppliers and hence not payable

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 L/Cs against this authorisation may

not be acted upon in the absence of a specific authority from

this Ministry.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART JI—SEC. IJ^

Thu, Letter of Authority will icmaln valid uplo

•.

Yours faithfully,

(Accounts Officer)

Copy fprwarded to :—

1. Importer

—

-with reference

to their letter

No.

——

— —

—

-dated—

——-,

2. Importers' Banker-

————. They are icquested

to arrange to deposit the rupee equivalent of the Yen pay-

ment to the overseas suppliers on receipt of documents from

the Bank of India, Tokyo Branch. The rupee equivalent ot

amounts disbursed to the supplier;, will have to be calcu-

lated by applying

the composite

rate

of conversion

prevailing on the date of payment to overseas suppliers

accordance with the Public Notice No. 8-ITC (PN)/76 dated

17-1-1976 or inch other Public Notices as may be issued

from time to time.

It should be ensured that these deposits

are made before the original set of import documents aie

handed over to the importer for Customs clearance,

These amounts should be deposited either with the RBI,

New Delhi or the S.B.I., Tis Hozari, Delhi. In this connec-

tion their attention is also invited to the provisions of thu

Public Notices No. 184-ITC(PN)/68 dated

30th August,

1968, 233-ITCfPN)/68 dated 24th October

1968, 132-lTC

(PN)/71 dated 5th October, 1971, No. 74-ITCfPN)/74 dated

31st May, 1974 and No. 103-ITCfPN)/76 dated 12th October,

1976. The head of Account to be credited is "K-Deposits &

Advances-843-Civil Deposits—Deposit for

purchases

etc.

abroad under Purchases under Credit/Loan

Agreements—

Loans from the Government of Japan 1.8 billion Yen Cre-

dit (Project Aid) No. ID-P. 18 for 1979-80.

One copy of the challan in original, in cases where the

rupee equivalents are credited in cash at the RBT, New

Delhi, or tho S.B.I.. Tis Ha7jari, Delhi as prescribed in Pub-

lic Notice No. 132-ITC(PN)/71 dated 5th October, 1971,

should be sent by them to the address given below along

with a forwarding letter giving full details of the advice notes

received from the Bank of India, Tokyo Branch.

Thr Controller of Aid Accounts & Audit, Ministry

Finance (Department of Economic Affairs). 1st Floor UCO

Bank Building, Parliament Street, New Delhi-1.

In cases where the rupee equivalents

are remitted

means of demad drafts as laid down in the Public Notice

dated 24-10-1968

mentioned above, intimations

thereof

should be sent to the address given above. In all cases full

particulars of the rupee equivalents deposited should

furnished to this Department.

The Banking charges, interest and other charges of

the

Bank of India, Tokyo Branch (including charges of the over-

seas suppliers bankers), if any,

should be settled by paying

their rupee equivalents to the Principal Accounts Officer in

- the Ministry of External Affairs, New Delhi.

For thin pur-

pose appropriate advices will be sent by this Department on

receipt of relevant information from the Bank of

India,

Tokyo/Embassy of India in Japan.

3. The Director, Loan DepartmenMI, Overseas Economic

Cooperation Fund. Takebashi Godo Building, 4-1, Ohte-

machi 1-Chome, Chiyoda-Ku, Tokyo 100, Japan.

4. Embassy of India, Tokyo.

5. The

Under

Secretary,

Japan

Section, Ministry of

Finance, Department of Economic Affairs, New Delhi.

Accounts Officer.

ANNEXURE-V

Form OECF-LCt

Irrevocable Letter of Credit

(Applicable for goods)

(Ntime and address of the Supplici)

Date :

This Letter of Credit has ben issued pursuant to Loan

Agreement No.—•—

———

dated — —

between (Borrower)

and THE OVERSEAS

ECONOMIC

COOPFRATION FUND.

Dear Sirs,

We advise you that we have

opened our

irrevocable

credit Mo.—————in your favour for account of-——

for a sum or sums not exceeding nn, aggregate- nomutit of

(Say yen

) available by your drafts at sight foi full

invoice value drawn on us, to be accompanied by tho follow-

ing documents :

Signed commercial invoice in

Full set of clear on board

ocean bills of lading

made out to order and blank endorsed and 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

are

•—-———-——permitted.

Transhipment

is ——

permitted.

Bills of lading must be dated not later than

—Draft must

be presented for negotiation not later than

All drafts

and documents under this cedit must be marked "Drawn

uruler

• irrevocable credit No.

dated and Import

Reference No(s)

(if any)" This credit

is not

transferable.

We hereby undertake that all drafts drawn under and

compliance with the terms of the

credit shall by

duly

honoured on due presentation and delivery of documents

to the drawee.

Unless otherwise expressly stated, this credit is subject to

"Uniform Customs and Practice for Documentary Credits

(1974

Revision),

International

Chamber

Commerce

Brochure No. 290",

Special Instructions to the negotiating bank :—

1. After obtaining the reimbursement for our payments

from THE OVERSEAS ECONOMIC COOPERA-

TION FUND in accordance

with the provisions

of the Letter of Commitment issued thereby under

the above-mentioned Loan Agreement, we under-

take to remit the amount of the drafts in accor-

dance 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

ihe certificate stating that the remaining docu-

ments have been airmailed direct to

3. All banking charges under this credit

are

for the

account of the imports/supplies.

Yours faithfully.

(a commercial bark)

By :

(Authorised Signature————-

PAYMENT TERMS

This payment terms constitutes an integral part of

our

Letter of Credit No.

I. Initial Payment

Amount : Y

being

% of the total contract price.

Required documents :

Latest presentation data :

II. Intermediate Payment (if any)

Amount :

being

% of the +otal contract price.

Required documents :

Latest presentation date :

DI. Payment against Shipping Document*

Amount :-

—•

feeing

% of the total contract price.

Note : Thii attached sheet is not

required in case of full

payment against (hipping documents,

ANNEXURE-VI

Form OECF-LC H

Irrevocable Letter of Credit

(Applicable for Services)

(Name and address of the Supplier)

Date :

This Letter of Credit has

been issued pursuant to

Loan Agreement No.

~ —

dated

between (Borrower) and THE

OVERSEAS F-CONOMIC

COOPERATION ON FUND

Dear Sirs,

We advise you that we have opened our irrevocable credit

No.

in your favour for account of for a

turn or sums not exceeding an aggregate amount of

(Say Yen

) available by beneficiary's drafts at ^ight for full

Statement value drawn on us.

To be accompained by the required docments,

in accor-

dance with the Payment Schedule attached hereto, concer-

ning (Contract Mo,

with

regard to

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 sind in

compliance

-with the terms

of the credit

shall be duly

honoured on due presentation and delivery of documents 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

Brochure No, 290".

Special Instruction! to the negotiating bank:

1. After receipt of the original

Statement of Perfor-

mance issued by (Borrower or its designated autho-

rity) in accordance with the form attached hereto,

payment (s) under

this, credit

must be made

accordance with the Payment Schedule stipulated

in the sheet attached hereto. In case of the initial

payments, the beneficiary's Statement is required

instead of the above-mentioned Statement of Per-

formance.

2, After obtaining the reimbursement for our payment

from THE OVERSEAS ECONOMIC COOPERA-

TION FUND in accordance with

the provisions

of the Letter of Commitment issued thereby under

the abovementioned Loan Agreement, we undertake

to remit the amount of the drafts

in accordance

with the instructions issued by the negotiating bank.

3, A copy of the document as mentioned in item 1 above

and the draftH shall be sent to us immediately

after the receipt thereof.

4, AU banking charges under this credit are for the

account of the imports/supplies.

Yours Falthully,

(ft commercial bank)

By :

(Authorized Signature)

PAYMENT SCHEDULE

This payment schedule constitutes an integral part of our

Letter of Credit No

I. Initial Payment

Amount : Y

being

% of the total contract price

Required documents : beneficiary's Statement

Latest presentation date :

t[. Progress Payment

Agreement amount: Y

being

% of the total contract

price to bo paid as follows :

Amount due

Latest presentation

date

1st Instalment :

2nd 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.

(Name and address of the

Supplier)

Re:

Letter of Credit No

, dated

issued

for Y

favour

concerning

Project

under Loan Agreement No

I, the undersigned, representing (Borrower), hereby issue

a Statement of Performance to en Jtle

to receive

the sum of Y

(Yen

from THE OVERSEAS ECONOMIC COOPERATION FUND

in accordance with the Payment Terms stipulated in the Contract

dated

between

and

(Borrower)

By:

(Authorised Signature)

{Special Instruciion',:

The details of the actual pjrfotminco shall be staled la the

sheet attached hereto.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1982

PUBLIC NOTICE NO. DRAWBACK PN 72/82

M;wJDclhi, the 20th September, 1982

F. N J . 600/2/2737/82-DBK —Under rule 4 of the Customs

an CentralExcise Duties Drawback Rules. 1971 (Notification

No. 52/F. No. 6<)2/2/70-D3K published in the Gazette or India

Extraordinary, dated the 23th August, 1971). the Central

Government hjreby mikes the following further amendments in

the Table published in the public Notice No. DRAWBACK

PN-5)/82 dated the 1st June, 1982 :—

After Sub-SI. No. 2736 and the entries relating thereto, the

following lhall be substituted, namely :—•

SI.

No.

2737

Description

of goods,

Quilted gar-

ments all sort! ]

(.a) Trousers

(b) Other than

trousers.

Rate of Drawback

5°i (Five percent only)

of f.o.b. value.

6°; (Six percent only) of

f.o.b. value.

[Applicable to both

(a;

& (b) above.] at the opt:

of the exporter.

(1) 2.5% (Two point five

percent only) of f.o.b.

value.

Plus

(ii) 107% of drawback

rate in respect of

fibre, yarn and dye

content used, if any,

at the

appropriate

rate specified under

sub-sl. No. of serial

No. 26 of this sche-

dule, subject to the

conditions, if any,

mentioned therein.

Plus

(iii) 107 % of fabric stage

excise duty (includ-

ing processing stage

duty) paid if any, on

the net fabric con-

tent in the garment

and proved so to the

satisfaction of Asstt.

Collector of Customs.

Plus

Allocation

"CUSTCTEXT

All C. Ex.

ion

All C.Ex.

(iv) Dnwback at the app-

ropriate rate s.p;cir

fied in this schedule

in respect of materials

from which hangers

have

bsen

m-'de.

[Also applicable to

fa) &(b) above].

NOTE :

Payment of drawback in terms of item (0 plus <ii)

plus (iii) above shall be made subject to the condi-

tions that the total amount of drawback payable

on this b.isis is 1% of the f.o.b. value or above in

case of "trousers" and above 8",, of f.o.b, value in

case of "rcadymade garments other than trousers."

EXPLANATION :—Explanations I, 2, and 3 appearing under Sub-

serial No. 2727 of the Drawback public Notice

50/82 dated 1-6-82 shall,

mutatis mutandis,

apply to products covered by this sub-serial

number also.

2, The words "including quilted garments" appearing in the

column 'Description of goods' against Sub-Si- No. 2726 shall

be deleted.

This Public Notice shall be deemed to have come into force

on the 1st day of June, 1982.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

FUBUC NOTICE NO. DRAWBACK/PN-73/82

New D;lhl. the 20th September, 1982

F.NO.600/3702/81-DBK.—Under rule 4 of the Customs

and Central Excis; D.Uies Drawback Rule», 1971 (Natification

NO. 52/F. No, 602/2/70-DBK published in the Gazette of India

ButiM Ordinary, d\ted the 25th August,

197J the Central

Governm=nt thereby nukes the following amendments in the

Table publishod in the Public Notice No. DRAWBACK/PN-

20/81 dated the 1st June, 1981: —

For Sub-Serial No. 3711 and entries relating thereto, the

following shall hi substituted :—

Sub-

Si.

No.

3711

Description of goods

(a) Articles mide of

brass (other than

brass artwares and

EPNS wares).

,b) Articles nvide of

alloys of copper,

not other wise

specified.

Rate of drawflck

Rs. 10.00 (Rup;cs .

ten only per kg.)

Drawback at the rate

applicable under

the relevant sub-

serial number speci-

fied in this Sche-

dule in proportion

to the

material

content.

Allocation

eus. C.Hx.

AlIC'J5tom?

This Public Notice shall be deemed to have come into

force on the 1st day of D jeitn'j;r, 1981 aid shUl reimin vilid

till 31-5-82.

J. S. R. KHATHING, Under Sccy.

PRINTED BY THE MANAGER, OOVT, OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054,

1982

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. lj

2, The following amendments/oorreotlons shall be deemed to have been made in the polioy at appropriate places indicated balow :—

SI.

No.

Page No. of

Import & Export

Policy 19R2-83

(Vol. I).

220-221

Reference

Appendix 19

Annexure V

Input/output norms

SI. No. 3

Column 2

Appendix 19

Annexure V

Input/Output norms

Amendment/Correction

The existing description of tho export product shall be amended to

read as under :—

"100% Mulberry Raw Silk fabrics/mido-ups/garments (other

than those made of Dupion).

After the existing SI, No. 4, the following furthor SI. N J . with en-

trios in columns 1 to 6 shall be inserted :—

"SI.

No.

3. "

Description of Expoi

Mulberry mixed Si

made-ups/garments

mainly Dupion Yarn

220-221

•t Product

Description of raw-matcrin

fabrics/

(i) Mulberry Raw Silk of

containing

(other than Dupion Yarr

(ii) Dupion Yarn

Appendix 19

(

Annoxure V

Tnput/Output norms

SI, No. 5

(

Appendix 19

(

Annexurc V

Imut/Ojtput norms

SI. No. 6

Appendix 19

Annoxure V

Input/Output norms

SI. No. 39

(a) Tyres with Nylon tyre cord.

Qty. of Export

Qty. allowed

Qty. allows i

Product

for import

with duty

exemption

benefit

Kgs.

any grade

0.30

0.28

i).

1.10

1.07"

i) In column 2, the existing description of the export product

shall be amended to read as under :—

"Noil Silk fabrics/made-ups/garments."

il) The following note shall be inserted at the end :—

"Note : In the case of SI. No. 5 above, import of Noil yarn

with duty exemption benefit allowed at 1.19 Kgs in

column-6 shall be against 1.00 Kg of Noll yarn used

in the product exported."

i) In column 2, the existing description of the export

product

shall be amended to read as under :—

"Spnn Silk fabrics maje-ups/garments."

i) The following note shall be inserted at the end : —

"Note : In the case of SI. No. 6 above, import of Spun Silk

Yarn with duty exemption benefit allowed at 1.11

Kgs. in column 6 shall bo against 1,00 Kg of spun silk

yam used in the product exported."

he existing entries against item (v) in column 3 to 6 shall bo amended

to read as under :—

"—'

"(V) Pigments/chemicals, the following :

(1) Rubber Chemicals (Anto-oxidents,

Accelerator, rotardors and Peptisers)

(2) Zinc Oxide

(3) All other miscellaneous materials/

Chomioals viz.

Miorocrystaline

wax, paraffin wax, pigments and

softeners, sulphur, stearic

acid,

solvents.

Kgs.

100

Kgs.

2.00

8.00

Kgs,

2.00

8.00

255

Appendix 29

Annexure II

Scheme of Duty Free import against

Import Replenishment Licences

PART A

Item No. 7

Appendix 29

Annexure If

Scheme of Duty Free import against

Import Replenishment Licences,

PART A

Item No. 8

Appcndk 29

Annexure II

Scheme of Duty Fice Import against

Import Replenishment Licences.

PART A

Item No. 16

Column-2.

Appendix 29

Annexure II

Scheme of Duty Free import against

Import Replenishment Licences,

PART A

(0 In column 2, the existing description of the export product

shall be amended to read as under :—

"Spun Silk fabrics/made-ups/garments."

(ii) The following note shall be inserted at the end :—

"Note : In the case of item No. 7 in Part A, import of S pun

Silk Yam allowed duty free at 1.11 Kgs. In column 5

shall be against 1.00 Kg of Spun Silk Yarn used in tho

product exported."

(i) In column 2, the existing description of the export product

shall be amended to read as under :—

"Noil Silk fabiios/made-ups/garmcnts."

(ii) Tke following note shall be inserted at the end :

•'Note In the case of i'on No. 8 in Part 'A', import of Noil

Yarn allowed duty free at 1.19 Kgs in column 5 shall

be against 1.00 Kg of Spun Silk Yarn used in th«

product exported."

The existing description of the export product shall be amended to

read as under :—

"100% Mulberry Raw Silk fabrics/madc-ups/garments (ottwr

than those made of Dupion)."

After the existing item No. 17 the following further item with cn-

trios in columns 1 to 7 shall be inserted :—

"Item

No.

'l8

Description of the

export product

Mulberry mixed Silk

fabrics/made-ups/gar-

ments containing main-

ly Dupion Yarn.

Relevant SI. No.

of Appendix 17

K.7(i)

Description of items allowed

for import duty free

(i) Mulberry Raw Silk of

any grade (other than

Dupion Yarn).

(Ii) Dupioa Yarn.

Qty. of items

allowed for

import duty free

0.28")

1.07J

Import Reple-

nishment Per-

centage

20%

Qty. of relevant

export product

MANI NARAYAN SWAMI, Chief Controller oflmporls & Exports.

PRINTED BY THE MAMAOER, GOVI. OF INDIA PRESS, RING ROAD, NLW DFXHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054,

1982

THE GAZETTE OF INDTA : EXTRAORDINARY

[PART T-SEC. 11

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

PUBLIC

.NOTICE

NO. 48—ITC (PN)/R2

New Delhi,

the 27th September, 1982

Subject .—Import and Export Policy for

April, 19S2—

March, 1983.

FUe No. 1/2/REP/74-EPC (Vol. IX).—Attention is invited

to the Import ami Export Policy for April, 1982—March, 19S3,

published under the Ministry of Commerce Public Notice No

lG-ITCfPN>'82 dated thr fth April. 19R2, fls "mended.

2. The following amendment;, shall be deemed to have been

mide in the policy at appropriate placed indicated beI6w:—

si.

Page No. of

Import and Ex-

port, Policy,

19S2-S3

(Vol-l)

. 35-36

Reference

Chapter 6 Para 27

Chapter 17

Special Facilities

to Registered •Ex-

porters, sub-paras

138(3) and 138(4),

5th line.

Amendment

The following further

sentences shall be

added at the end:—

"The

consumption

of indigenous ma-

terial (of the des-

cription

covered

Appendices 5

and

7) obtained

by Actual Users

from

indigenous

producer

against

valid

import lic-

ence

under para

U7 of tins policy

cau also be includ-

ed in the consump-

tion

certificate

for the purpose of

applying for Auto-

matic licence. The

Chartered

Acc-

ountant etc. certi-

fying the consump-

tion

should also

give the Number,

date and value of

the import licence

against which Actual

User had obtained

the

miierial in

question, from in-

d igenous producer.,

After

the

word

"lakh", the follow-

ing shall be added:—

"(or shall not ex-

ceed Rs>. two lakhs

i n the case of manu-

facturer

whose

f.o.b. value of ex-

ports of select pro-

ducts in any of the

two previous finan-

cial years was at

least 25 per cent

of the b»ofc value

of his production

selection pro-

ducts, with ft mini-

mum of

R«. 10

lakhs

f.o.b.)".

37-3R

Chapter 17

Import of Capital

Goods against REP

licences, sub-part

142fl)fe).

After the

cmstine

•mb-paral42(I)(e),

(he following fur-

ther sub-parfl shall

be added:—

"(0

The

facility

allowed in sub-par^

fa)

above, will

iiKo

he available

to a manufacturer,

none of whose pro-

duct

qualifies for

REP

entitlement

in Appendix

17,

although, thcf.o.b.

value

of his ex-

poits of such pro-

ducts manufactured

by him

during

1981-S2 w,is not

less than 25% of

the book value of

hi* production and

also

not

less

than Rs. 5.0 lalchs

(f.o.b.) in

value,

provided thi c.i.f.

value

the

machinery allowed

during

1982-S3

is no i mo to than

5% of the f.o.b.

value of his ex-

ports, subject to

.i maximum of Kg.

lakhs. Other

conditions

(iii),

(iv) and (v) laid

down in sub-para

(a)

above

shall

equally

apply."

MANI NARAYANSWAMI, Chief Controller

Imports and Etports

PRINTED BY^T1IE MANACEK, GOV1. Of INDIA i'MSS, RING BO AD, NEW DELHI-110064

TttD ruflUfmn BV THE cormQitE*

or PUBOCATTONS, DELHI-110054, 1982

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART 1—SEC. 1]

MINISTRY OF FINANCE

(Department of Economic Affairs)

NOTIFICATION

New Delhi, the 30th September, 1982

No. F. 4(5)-W&M/82.—Subscriptions

for the

issues of

6.75 per cent.

Loan, 1989,

7.25 per cent.

Loan, 1992

(Third Issue), 8.25 per c«nt.

Loan, 2005 and 9.00 per

cent Loan, 2013 (Third Issue) for an aggregate amount of

Rs. 750 crores will be received in the form of cash on the

11th October, 1982 upto the close of banking hour*. In the

event of 11th October, 1982 being declared a holidays by any

State Government under the Negotiable Instruments

Act,

1881, the subscription will be received at the concerned

receiving offices in that State upto the close of banking hour»

on the next waking day.

Government reserve the right to

retain subscriptions received upto 10 per cent, in excess of

the sum of Rs. 750 crores.

2. If the total subscriptions to the aforesaid lunns exceed

the sum of Rs. 825 crores, partial allotment will be made

in respect of ths loans on a proportionate basis. If partial

allotment is made, the excess subscriptions will bo refunded

as soon as possible after partial allotment.

No intercut will

le. paid on the amounts so refunded.

3. 6-75 per cent Loan, 1989 issued at Rs. 100.00 per cent

and redeemable at par on the 11th October, 1989.

(i) DHte of Repayment.—The Loan will be repaid at pur

on the 11th October, 1989.

(ii) hsue Price.—The issue price will be Rs. 100.00 for

every Rs. 100.00 (Nominal) of the Loan applied for.

(iii) Interest.—The Loan will bear interest at the rate

of 6.75 per cent per annum from

11th October,

1982. Interest will be paid half-yearly on the llth

April and llth October. The interest paid wii],

•ub/ect to the provision! of paragraphs 9 and 10

below, be liable to tax under the Income-tax Act,

1961.

4. 7.25 per cent Loan, 1992 (Third Issue) mued

Rs. 100.00 per cent and redeemable at par on the 24th Mey,

1992.

(i) Dale of Repayment,—The loan will be repaid at par

on the 24th May, 1992.

(ii) I»sue Price.—The issue price will be Rs, 100,00 for

every Rs. 100.00 (Nominal) of the Loan applied

for.

(iii) Interest.—The Loan will bear interest at the rate

of 7,25 per cent per annum from llth October, 1982.

Interest for the period llth October to 23rd No-

vember, 1982 (inclusive) will be paid on 24th

November, 1982 and thereafter interest WJU be paid

half-yearly on the 24th May and 24th November.

The interest paid will, subject to the provisions of

paragraphs 9 and 10 below, be liable to tax under

the Income-tax Act, 1961.

5. 8.25 per cent Loan, 2005 issued at Rs. 100.00 per cent

and redeemable at par on the lhh October, 2005,

(i) Date of Repayment.—The Loan will be repaid at

par on the llth October, 2005.

(ii) Issue Price.—The issue price will be Rs. 100.00 for

every Rs. 100.00 (Nominal) of the Loan applied

for.

(iii) Interest.—The Loan will bear interest at the rate of

8,25 per cent per annum from llth October, 1982.

Interest will be ppld half-yearly on ihe llth April

and llth October, The interest paid will,

subject

to the provisions of paragraphs 9 and 10 below, be

liable to tux under the Income-tax Act, 1961.

6. 9.00 por cent Loon, 2013 (Thiid Issue)

issued at

Rs. 100.00 per cent and redeemable at par on the 24th

May, 2013.

(i) Date of Repayment—The Loan will be repaid ut

par on the 24th May, 2013.

(ii) Issue Price.—The issue price will be Rs. 100.00 for

every Rs. 100.00 (Nominal) of the Loan applied

for.

(iii) Interest.—The Loan will bear interest ut the rate

of 9,00 pcr cent per annum from llth October,

1982. Interest for the period from llth October,

1982 to 23rd November,

1982

(inclusive) will be

paid on 24th November, 1982 and thereafter the

interest will be paid half-yearly on the 24th May

and 24th November. The interest paid will, subject

to the provisions of paragraphs 9 and 10 below, be

liable to tax under ihe Income-tax Act, 1961.

SUPPLEMENTARY PROVISIONS

7. Applications will be received at—

(a) Offices of Reserve Bant of India at Ahmedabad,

Bangalore, Bombay (Fort and Byci)lla), Calcutta.

Gauhati.

Hyderabad,

Jaipur,

Kanpur,

Madras,

Nagpur, New Delhi and Patna.

(b) Branches of State Bank of India it all places in

India except at (a) above.

8. Place of Payment of Interest.—Interest on the Loans

will be paid at the Public Debt Offices of Reserve Bank of

India at Ahmedtibad, Bangalore, Bombay. Calcutta, Gauhati,

Hyderabad, Jaipur, Kanpur, Madras, Nagpur, New Delhi

an.l Patna and at any Treasury or Sub-Treasuiy elsewhere

in India except the States of J.inimu and

Kashmir and

Sikkim.

9. Refunds- of tax deducted at the Unit of

payment

interest (at the rates prescribed by the Annual Finance Acts)

will be obtainable by holders of the Loan who are not liable

to tax or who are liable to tax at rates lower thun the rate

at which tax was deducted,

A holder who is not liable to tax or who ij liable to tax

at a rate lower than the prescribed rate, can obtain on

application, a certificate from the Income-tax Officer of the

district, authorising payment of interest to him without de-

duction of tax or with deduction of tax at such lower rate

as may be applicable to the holder,

An individual resident in India whose total income does

not exceed the exemption limit can obtain, on furnishing a

declaration to the prescribed form in duplicate to the person

icspcnsible for paying thc interest, the amount of interest

without deduction of tax,

10. Interest on the loans now issued together with interest

on other previous Government Securities and income from

other approved investments will be exempt from income-

tax subject to a limit of Rs. 6,000 per annum and subject

to the other provisions of Section 80L of the Income-tax

Act, 1961.

11. The value of investments in the loans now issued to-

gether with the value of other previous investment* in Gov-

ernment Securities and the other investments specified in

Section 5 of the Wealth-tax Act will also be exempt from

the Wealth-tax uplo R&. 1,65,000.

12. The securities will be issued in the form of—

(i) Stock Certificates ; or

(ii) Promissory Notes,

If no preference is stated by the applicants, ths securities

will be issued in the form of Promissory Notes.

13. Applications for the Loans.—Applications for the loans

must be for Rs. 100 or a multiple of that sum.

14. Applications may be in the form attached hereto or in

any other form which states clearly the amount and des-

cription cf the securities required, the full name and address

of the applicant and thc office at which he desires the Interest

to be paid.

15. Applications should, be accompanied by the necessary

payment in thc form of cash or cheque. Cheques tendered

at the office of Reserve Bank of India or State Bank of

India fhould be drawn in favour of the bank concerned.

16. Brokerage will be paid at the rate of 6 paiie per

Rs. 100,00 (Nominal) to recoeni«ed banks and broker* on

allotments made in respect of applications for the loan»

tendered by them and bearing their stamp.

The claim for payment of brokerage should be prefened

at the concerned offices within six months from (he date of

flontatlon of the loam.

By order of the President,

A. C, TIWART, Jt. Secy.

FORM OF APPLICATION

J/We*

herewith

[Full Name(s) in Block Letters]

•Cash

tender

•

(Rs

j a n d

Choquo for

request that securitios of 6.75 per cent

Loan, 1989*77,25 per cent

Loan, 1992 (Thiid Issue)*/8.25 for cent

Lcpn, 2005*/9.0O

per cent Loan, 2013 (Third Issue)* of the nominal value of Us

tn;iy be issued to

me/us* in the forui of *PromissotyNote(£)inthedenomination(s)

Stock Certificate

stated below :—

Promissory Note(s)+of R»

« e h .

Promissory Note(s)+of Rs

e«;h,

Promissory Noto(s)+of Rs

each,

Promissory NotcW+of Rn

«ach.

2. I/We* d«sire that intorost be paid at

N.B.—The applicant should not wilite anything inthiscago.

The entries

will be fillod in by the Receiving Office.

Signature^)

Initials

Date

Application No.

Signatures)

N.B. Stamp

Name(s) in full

(Block Letters)

Cash Received on

Cheque realised on

Addiess

Credited to Special Current Account on

Examined

Cash Applications Register posted

Brokearge Register Posted

Indent No.

Sciip No.

Caid No.

! Dated the

of October, 1982

Voucher passed on

N.B.—The applicant should not wi ite anything inthiscago.

The entries

will be fillod in by the Receiving Office.

Application No.

N.B. Stamp

Cash Received on

Cheque realised on

Credited to Special Current Account on

Examined

Cash Applications Register posted

Brokearge Register Posted

Indent No.

Sciip No.

Caid No.

Voucher passed on

Initials

Date

•Delete what is not required.

-(-Promissory Notes will be issued in denominations of Rs, 100, Rs. 200, Rs. 500, Rs. 1,000, Rs 5,000, Rs. 10,000, Rs. 25,000,

Rs. 50,000 and Rs. 1,00,000. State here the particular denomination(s) requiied.

Notes.—(1) Separate applications khould be made for each

Loan and each form of scrip (Stock Certificate or Promis-

sory Note) of the New Loan required.

(2) If the applicant's signature is by thumb mark, it

should be witnessed by two persons. The full narati, occu-

paiion*. ant! addresses of the witnesses thould be appended

to their signatures.

(3) If the application is made in the name of the registered

body, the undernoted

documents, if not already registered

«t the Public De^bt Office, should be enclosed with the in-

vestment application :—

(i) Certificate of Incorporation/Registration in original

or a copy thereof certified as true by (he issuing

authority under his office sea!.

(ii) Certified copies of Memorandum ana Articles Of

Association or the Rules and Regulations /By-laws

of the company /body.

(iii) Certified copy of resolution in favour of the per-

son ft authorised to deal in Government Securities

en behelf of the company/body together with his/

their duly attested specimen signaturc(s).

(4) Applicants desiring the issue of scrips in the form of

Stock Certificates thould also complete a Mandate Form

(obtainable from Public Deht Office) for remittance of half-

ycnrly interest to them.

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DBLHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1982

781 GI/82—2

THE GAZETTE OF JNDJA : EXTRAORDINARY

[PART I—SEC. I]

MINISTRV OF FINANCE

(Department of Economic Affairs)

RESOLUTION

New Delhi, the 1st October, 1982

No. F. 8/8/81-NS.—The National Savings Central Advis'Jiy

Board has been

reconstituted for the period

upto

31st

December, 1983 with the following members :

CHATRMAN

Shri Janardhanu Poojavy,

Deputy MinKler of Finance.

Government of Indirt.

NEW DELHI.

MEMBERS

1. Chairman, National Savings State Advhoiy

Board,

Andhra Pradesh, H>derabnd

2. Chairman, National Savings State Advisory

Board.

Gauhati, Assam.

3. Chairman, National Savings

State Advisory Board.

Bihar, Patna.

4. Chairman,

Delhi Small Savings

Advisory Board,

Delhi Administration, Delhi.

5. Chairman, National Savings Sta'e Advisory, Board,

Goa, Panaji.

6. Chairman,

National Savings State Advisory Board,

Guiarat, Ahmcdabad,

7. Chairman, National Savings State

Advisory Board,

Haryana, Chandigarh.

8. Chairman, National Savings State

Advisory Board,

Himachal Pradesh, Simla.

9. Chairman. National

Savings State Advisorv Board,

Janurm & Kashmir, Srinagar.

10. Chairman, National Savings

State Advisory Board,

Karnataka, Bangalore.

11 Chaiiman,

National Savings State Advisory Board,

Kerala, Trrvandram.

12 Chairman, National

Savings State Advisny Board.

Madhya Pradesh, Bhopal.

13. Chairman. National

Savin&s Stale Advisory Board,

Maharashtra, Bombay.

14. Chairman, National Savings

State Advisorv Board,

Manlpur, Tmphal.

15. Chairman, National Savings

State Advnory Board,

Mcflhnlnya, Shlllong.

16. Chairman,

National Savings, Slate Advisory Board,

Nagaland, Kohima.

17 Chairman, National

Savings State Advisory Board,

Oiissn, Bhubaneshwar.

18. Chairman, National Saving? State Advisory Board,

Pondichony.

19. Chairman, National Savings State Advisory Board,

Punjab, Chandigarh.

20. Chairman, National Savincs State Advisory Board,

Rnjas^fhan, Jaipur.

21 Chairman, National Savings Stnte Advisory Board,

Tamil Nadu, Madras.

22 Chairman, National Savings, State Advisory Board,

Tripura, Agartala.

21. Chairman, National Savings State Advisory Board,

Uttar Pradesh, Lucknow.

24 Chairman, National Savings State A.dvkory Board,

West Bengal, Calcutta.

MINISTRY OF INFORMATION AND BROADCASTING

PUBLIC NOTICE No. l-PR-NP'82

NOTIFICATION

New Delhi, the 30th Scptembor 3O.19S2

File No. 33(25>/82-PR-NP,JS(B).-ln terms of para 6 of

Appendix 9 lo th; Import and Export Policy fur April 1982—

March 1983, roM with tub clause (5) of Clause 3 of the News-

print Control Order, 1962, the Government of India in the

Ministry of Information and Broadcasting hereby notify the

No vaprmt Ail.icition Policy for the licensing year April 1982—

March 1981 as in the Amexure to this Public Notice,

2. Th-: price of imported newsprint in all varieties will be

fixed separately by the Government of India in the Ministry of

Information and Broadcasting for each quarter of ihe above

licensing year .mo the same will be announced through the State

Trading Corporation of India, New Pelhi.

J. K. BHATTACHARYA, joint. Secv.

ANNEXURh

NEWSPRINT ALLOCATION POLICY, 1982-83

1. Applicability :

This Policy ivl lies to allocation of newsprint to which the

Newsprint Control Order. 19(52 applies,

3. Definition .

In thh Polic> and in the appcnJed instructions, a "new-

pftper"shillmean a daily newspaper or any other periodical.

3. Eligibilit> :

1.1 Every newspaper w'lich fulfilled the prescribed percen-

tage of regularity of publication, as mentioned In para I of the

Appendix to this Policy, is eligible for allocation of newsorint.

3.2 Allocation of newsprint n L/ ils) be authorised by RNI

for the following : —

(I) Transmission of news over teleprinters by news rigencies:

(10 Trial printing by newspaper :

(Hi) Printing of low price books for promo¹ tor of education:

and

(iv) Printing of college and «choo1 magazines.

3.3. The following categories of publications will not be

eligible tor allocation of newsprint :—

(I) Journals published primarily to promote sale oi goods

or services;

(H) House journals/magnzines brought out by undertakings/

firms/Industrial concerns;

(ill) Price lists; catalogues and lottery news;

(iv) Racig guiaes; and

(v) Sex Magazines.

4. Entitlement :

4.1 The basic entitlement of newsprint for 1982-83 of the

existing newspapers which have fulfilled the stipulations as

contained in para 2.1 above, will be determined on the basis ot

actual consumption of newsprint or white printing pap-r or

both in 1981-82 taking into account the avenge circulation, the

average number of pifies, the average pagearea publishednud the

number of publishing d^y-,, as per insluictions contained in para

2.1 read with paras 2.7 and 2 S pf the Appendix to this Policy.

4.2 Newsprint obtained under the scheme for export promo-

tion, and consume during 1081-62 will also bj taken into

acconut i

I. rnn^,^ .ihntitlementof 1982-81,

4 3"AJt the, editions of a newspaper (i.e. bearing the same

title, having the same pcHod icity, published in the same language

and owned by the sam; ow.ier), whether published from the

same plac; or from differeit places would be treated as one

newspaper and its entulement will be calculated on the basis ot

the performance particulars in respect of all the editions.

4.4 New newspapers will be allowed an initial quota as per

provisions contained in paras 2.3 and 2.4 of the Appendix to

this Policy.

4.5 Newspaper-, which were allocated newsprint H 1980-81

or in any earlier year, but which did not obtain any newsprint

in 1981-82, will be allotted newsprint as per provisions contai-

ned in para 2.5 of the Appendix to this Policy.

5, Revision

5.1 Newspapers which have secured the bask entitlement of

newsprint for 1982-8?, can apply once for upward revision of the

allocation on the basis of increase in circulation.

f(.2 The Allotment⁽rom different sources may be revised/

varied in the light of such factors as quantities of newsprint

likely to be available and the need to maintain adequate buffer

stocks.

LAST DATP

o. Applications for allocation of newsprint should be made

in the prescribed form and addressed to the Registrar of News-

papers for India West Block No. 8, Wing No. 2, R.K. Puram,

NewDelhi.soasto reach him on or before 30th November,

1982.

7. Injunctions :

Detailed instruction! for implementing thi* Policy arc given

in the Appendix to this Policy.

APPENDIX

INSTRUCTIONS FOR THH ALLOCATION OF NEWS-

PRINT IN TERMS OF THE NEWSPRINT ALLOCATION

POIICV, 1982-83

J. .Regulari.y ;

1.1 Newspapers e n be allocated newsprint on.!, if they

have a regularity of publication of—

(i) 50 per c;nt in 1981-82; anci

(ii) 90 per cent In the case of dailies and 66.2/3 per cent Jo

thucise of periodicals In 1982-83.

2. Rntitlemcnt :

2.1 The basic entitlement of newsprint of «. newspaper in

19.i7.-81 will be Letern ined on the bisis of the contumpiion of

newsprint or white printing paper or both in 1981-82, taking

into account its aver gp circulation, average number of pages,

the average page area published and the number of publishing

days. In a case where Performance Par iculars Ceniflcate for

1981-82 in Foim NP-3 has not been submitted; the projection

of consumption duiing the last three months of 1981-R2 will be

made on the basii of the averages for the period from 1-4-1981

to 31-12-1981 as rejected in the Ainual Statement for 1981.

2.2 Information regarding utilisation of n-wsprint under

Export Promotion Scheme should be furnished in column 6

of Form NP-2.

2,1 New newspapers will be allowed an initial quota fri

the first four months, as determined

by the RW, upon till

satisfaction of the projection oi circulation by the applicant

subject to a nnximum of 10.000copids per issue of eight standard

pages (2540 sq.cms.)inthecaSe of daili^sand of sixteen standard

pages in the case of other periodicals.

708 GI/82 -9

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. I ]

2.4 A newn ewspaper which receives an initial quota should

produce within a fortnight of three months of publication,

evidence of proper utilisation of the newspilnt allocated to it,

in Form NP-3. Thereafter, Its entitlement for the year 1982-83

from the date of publication will bo determined on the basis of

actual performance and the balance quota, if any, released on

request on submission of a formal application from the publica-

tion for newsprint for the rest of the year.

2.3" Newspapers which were allocated newsprint in 1980-81

or a,ny earlier year bat which did not obtain any newspiint in

1981-82 will be entitled to newsprint fiom the month of receipt

of their application. Their entitlement will be calculated aftei

making national allocation for the years in which newsprint

had not been obtained by them.

2.6 The entitlement of newspapers for jmported newsprint

as also indigenous newsprint will be woiked out on the basis of

50gsmplusorminus5percent.

2.7 The circulation of newspapers will be determined taking

into account (n) the number of copies sold and (b) thenumbsrof

copies distributed free, returned unsold or printed but neither

sold nor distributed free, prov'ded

these do not exceed the

following percentage ot tho respective prlntorder.

Circulation

Up to

5,000

Between 5000 & 10,000

Above 10,000

Dailies/

tri &

beweeklics

10%

Weeklies

& fort-

Nightlies

10°/

Others

20%

13%

10%

: 2.8 In working out the basis entitlement and in revising it,

RNI may, as considered appropriate by him in each case and

reljing on the normal average consumption, ignore :

(i) abnormal short-term fall in circulation arising from

special circumstances, inculding, strikes/lockouts or other

reasons; and

(11) abnormal short-terni increaseincirculation attendant

upon closure/disruption of work in compeilng new°

papers or any other extraordinary circumsatances

In the caw of newspapers which could not come out for an

abnormally long period, the entitlement may be worked out

after taking into account all relevant factors.

2.9 Fxtra newsprint upto ihe limits indicated below will be

allowed to newspapers as wastage compensation,

(i) for aljnewspipers

(ii) Jn co^ceof periodicals using multicoloured

printing

7 %

2.10. If any newspaper had not utilised any quantity allotted

in 1981-82 or in any previous year, the unutilised quantity will

be adjusted against its entitlement for 1982-83,

;. Prrcedure for submission of applications :

. 1 Application for allocation of newsprint should be made

b> tl e publisher or a person duly authorised by him in this

be 1111 in Forms NP-1 and NP 2 and should be addressed to

the Fcfjistrtrof Newspapers for In dia, New Delhi, so as to reach

him en cr before 30th November, 1982,

i.2 Applications for newsprint by newspapers should be

pecempanied by a Performance Particulars Certificate fori 981-82

in IV] m NP-3 or a copy of the annual statement for 1981 re-

quired to he filed under Section 19 D of the PRB Act, 1867.

In the case of newspapers whose average circulation exceeds

7,000 copies per issue, their certificates or the annual statements,

as the case may be, should be certified by a Chartered Accoun-

tant.

3.3 Applications for initial

quota by new publication*

(vide para 2.3 above) should bs mab in F"ar n NP-1 and should

be accompained by—•

(i) Form NP-4; and

(ii) a bond executed by the applicant and duly guaranteed

by any scheduled, rural or cooperative bank for 20 per

cent of the value of the newsprint to which the appli-

cant is entitled initially. This bond will be cancelled on

the production of docunientry evidence to the satis-

faction of the RNI to show that the newsprint had been

utilised for the publication of the newspaper,

3.4 Applications for revision of entitlement should be accom-

panied by the following documents;

(i) Performance Particulars Certificate for 1982-R3 (up to

the end of the month preceding the month in which the

application is made) in form NP-3. in case of publica-

tions with a circulation of more thivi 2,000 copies per

pulibshing day, this must bo certified by a Chartered

Accountant; and

(ii) an authenticated copy of the income tax return and the

balance-sheet for the year 1981-82 in cases where the

•ntitlement of newsprint is 300 tonnes or more.

3.5 No newspapers whose circulation has been assessed by

RNI to be lower than that claimed by it will be eligible for up-

ward revision,

3.6 Application for revision of entitlement should reach

RNI on or before 15th lanuary 1983.

4. Allocation :

4.1 Allotment of newsprint—standard, rotogravure and

glazed, will generally be made in r«els, except as indicated

in pa a 4.2

4.2 Newspapers printed on sheet-fed machines will received

their entitlement only in sheets. Jn case sheets are not available,

the entitlement will be raised by 5 per cent for conversion of

reels into sheets on givln g proof that printing is actually carried

out only in sheets.

4.3 In respect of newsprint from the Nepa Mills, publications

will be allowed 15% more than their entitlement for Nepa new«"

print.

4.4 Periodicals, other than dailies, which have been in regular

publication for more than three months, may be allowed to

obtain their full entitlement or a portion of it in glazed or roto-

gravure newsprint, subject to availability,

4.5 Newspapers with an entitlement of less than 300 tonnes

will have the option to obtain indigenous or imported newsprint

either in part or in full.

4.6 The allocation of newsprint for those entitled to 300

tonnes or more will be as follows :—

(i) 20% of the entitlement

—Nepa Newsprint.

(ii) 20% of the entitlement

—Newsprint from Mysore

Paper Mills

or/and H.P.C.

(Kerala Newsprint

Project).

(iii) 60% of the entitelcmtncnt

—Imported

newsprint

(At least 25 % of thi»

should be lifted from

the STC's buffer

stock).

4.7 The porportion of indigenous and imported newsprint

may b« varied in the light of availability of stocks from time to

time.

4.8 Jf shipment is not effected within 120 days of receipt of

Letters of Credit by STC, efforts will be made to allot propor-

tionate tonnage from the buffer stock on high sea sales basis

which will be later replenished.

5, Distribution :

J.I The work relating to distribution of imported newsprint

will be handled entirely by the STC as authorised by the RNI

in accordance with these instructions and in compliance with the

provisions of the Newsprint Control Order, 1962,

5,2 Delivery of high sea idles basis will be subject to the

minimum quantity accepted for booking by the foreign supp-

lier.

J.3 Newspapers which are given allotment on high sea sales

baw>, will be allowed to take delivery also through the State

Small Industries Development Corporation or other such

Corporations functioning in (he State or through their authorised

agents.

5.4 Newspapers which do not fulfil the condition of high

sea sales allocations because of their individual entitlement being

too small to be covered by that arrangement, can club their

entitlement with those of other newspapers and get newsprint

on high sea sales basis through either the State Small Industries

Development Corporation or any other such Corporation func-

tioning in the State or through their authorised ageijts.

5.5 Authorisations for entitlement of indigenous newsprint

will be issued by the RNI direct to the Mills concerned.

5.6 Newspapers should lift their allotment from high sea

sales or buffer stock or from indigenous source;, within the

periods specif i below :—

(i) with entitlement of less than 50 tonnes

—6 months

(li) Others

—2 months

If a newspaper fails to do so, it is liable to lose further allotment

of newsprint.

6. Use of newsprint allocated to one newspaper for another

newspaper :

One newspaper shall not make use of the newsprint allotted

to another newspaper or newspapers, even though the publica-

tions concerned have the same ownership or have been allowed

to club their entitlement for the purpose of obtaining imported

newsprint

on high sea sale basis.

7. Exception:

Notwithstanding anything contained in these instructions,

the RNI may waive any of the requirements or relax any of

these instructions for good

and valid

reasons.

8. Miscellaneous :

8.1 No newsprint dealer or agent, who has not complied

with the provisions of the Newsprint Control Order, 1962, will

be allowed to obtain imported newsprint either on highsea

sale or from the bufier stock.

8.2 The Mills producing indigenous newsprint shall furnish

to the RNI such information as is required by him periodically

under the Newsprint Control Order, 1962.

8.3 A newspaper which is allotted newsprint should submit

to the RNI a Performance Particulars Certificate for 1982-83

in form NP-3 not later than 30th June, 1983, duly certified by a

Chartered Accountant, if the circulation is over 2,000 copies per

publishing day. •

8.4 A newspaper which suspends or ceases publication shall

submit to the RNf a Performance Particulars Certificate in

Form NP-3 within a month of the suspension/cessation of pub-

lication. It shall also surrender the newsprint not utilised by it

as per directions of the RNI.

H,5 Specimen of Forms NP-J, NP-2, NP-3, and NP-4 are

attached.

FORM NP-1

FORM—I

APPLICATION FORM FOR ALLOTMENT OF NEWSPRINT FOR NEWSPAPERS/PERIODICALS

PART-I

1. Nameof the Applicant.

2. Name of the Newspaper/Periodicals.

3- Full Postal Address.

4. (a) Date from which riewtpaper/Periodical is regularly Pub-

lished,

(h) Registration Number as given by Registrar of Newspaper

for India,

5. Nature of Cjncorn i.e. Puhlic/Piivate/Propnetorship etc. and

names of Directors/Partners etc.

6. Q uitity/Value of newsprint required fur 12 months.

—7. (a) Phased delivery requirement.

(b) Name of the agent authorised.

"THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I -Stc. 1]

8. Name and other Particulars of Newspapers/Periodicals owned by the applicant.

Title of the Paper

Languagt &

Periodicity

Place of

Publication

Whether getting

newsprint

thr TUgh Oovcnuen

9, Particulars of circulation etc. per publishing day for the new newspapers/Periodical*,

(a) Date of the propsed Publication.

tb) Average No. of copies proposed to b« printed.

(d) Average area of one page of nawspapers/Poriodicalu (m Sq. cnu)

(e) No. of publishing days.

10. Particulars of newsprint (Specify Glazed/Unglazed/Nepa separately).

Item No.

Qty. in mts.

Souro*

Value (CIF) in Ri.

C msumed during 1.981-82 Required for the year 1982-83.

11. Liit Liaising year in which newsprint was taken from the OFFICE OF RNI-

12. (a) Type of Machine (i.e. Rotary/Flftthod/Letter Press)

(b) Size of reitysheets required.

DECLARATION

1/Wa hjre^y declare that the ab^ve statements arc truo and correct to best of my/our kn'iwiodge and belief. I/We fully understand

that a'ly all ttment made to me/us on the biiis of the statement furnished is liable to cancellation, in at'diticn cf ai\y c ther rurally

that the O >vt. may impose or aiy other action that may be taken having regard to the circumstaticei of the ewe if it is found that any

of the statements of facts therein are incorrect or false.

I/We declare that the newsprint, if allotted will be used in our press/promises/establishments at the above mentKncd att'rtss.

I/Wa aln f'jlly uidersta-id that the allocation of canalised item(s) through the canalising ager^y is made under the i n r c ^{r t}

T,-i le C)itMl R^j Nations and violation of the condition on which such goeds are release^¹ to Use cf any misuse of such grtdt will

attn;t t^; p, wtjijns of im.nrts an I Ejipjrts (Control) Act, 1947, as amended and orders issued there urid.er.

[/We havi TijtcJ the relevant provisions contained in the lmpon Policy/Hand Books of Impc ri Expf rt Piccidurc¹. 1^ 1 I i--".

Siifnature

— -

Name in Block lctteri

._ _

._.

Designation —

Reiidentittl Address —

-,- - . -

PART—II

INCOME-TAX DECLARATION

(a.) In case of persons not having taxable Woome

I/WJ h ;rjSy sjle.n ity declare that t/Wa arc not liable to pay any Income-tax including advance tajc BS the Income earned

by ms/u; during the curre nt accenting year and last four accounting years has been below the maximum limit not char-

genble to tax

(h) income of per^on^ having taxable Income

I/We hereby solemnly declare that.

1. I/We have furnished to the inc'ime-Tax Department the r«turn(s) of income due from me/us till dkte

2 I/We have paid all taxes including advance tax due from/me/us under the Incomo-Tax Act other than ihe tax demand which

has b^etl stayed by the Competent Authority.

1 I/We have not been penalised •/convicted for concealment of income/wealth during the last three oaleoder yoars.

I/We hereby-.olomnly declare that the above declaration aho applied inthecaso t'f Companies in which J/Wcam/arehavirg

lubitantial interest** or the firms or associations of persons in which I/We am/are Partners or members reipecthely.

The atnve declaration is applicable in case of persona having mb»tanti»l interest** in the applicant C<~O"tpany or memberi

of tho applicant association or Partner of the applicant firm.

P l » c e _ _ —

Signature

™

-———

Dat«

— - —

Addrcsi

•

Permanent A/C N^; .

— •

Designation of th« ITO with whom assossed

*If an appeal has boen tiled against the levy of ponalty and the appeal is pending before tho Appellate Assistant Commissicner Of

Interne Tax Appellate Tribunal, such penalty need not be taloeu note for the purpoie of this declaration.

**The w irJs ••^uU^ttt1U.ll interest'' shall have the same meaning at in the explanation to Section 4C(A)(2) of the Incrire Tax Act,

1961.

FORM NP—2

STATEMENT TO BE GIVEN BY ALL APPLICANTS

1. Name of tb« ncwspApf r

2. Language/Periodicity

3. place of publication

4. Date from which the number of copies of the previous issue are

April

May

June

July

Aufl.

btlngcsnttneously published as per requirement of clause 5A of

the Newsprint Control Order, 1962 (as amended by the News-

print Control (Amendment) Order, 1962)

5. Monthwise average number of pages printed per publishing day

Sept.

Oct.

Nov

Doc.

duririg 1981-82 (mileage) (to be worked out as per Instructions

given at the end of this form)

Jan.

Feb.

March

82,

(i. Consumption of newsprint obtained under th« icheme of c*pori

Glazed

Unglazed

Total

promotion and consumed during 1981-K2

—gm»)

Signature of the publisher

Date

Note: Tho riiurea to be given against Cul-5 uhould be worked oul by tuLing the total number of pages of an ujue multiplied by the

total nun'jjr of opie;. piinted of that issue, whioh willf' t the information about the total nunjbei ot page* primed on the

relevant publishing day Th« total no, of pages printed on alJ the publishing days ifi a month should be added. Th«

monthly bv average shjold be arrived at b> dividing thlt total bv the total of number of publishing dayt in that month.

TrtE GAZETTE OF TNDIA : EXTRAORDINARY

[PART I~SEC. if

FORM N.P.—13

FORM OF PERFORMANCE PARTICULARS CERTIFICATE REGARDING CIRCULATION £ 1 C FOR THE PLR1OD

FROM 1-4-81 to 31-3-82

1. Name of the Newspapcr/Penodical

——

_ _ _ _ 3 _ Language — —

.———

2 Place of Publication-^

•——

• —

4. Pe.iodicit}- •• • ••

.——i—.—-—

—

A. OTHERWISE AVERAGES

DURING THE MONTH OF

(a) Actual no. of pub-

Api.

May June July

Aug. Sept.

Oct.

Nov.

Doc.

Jan

Feb.

March

Average

lushing days month-

foe th c

wise.

year

(b) Average no. of copies

printed per publish-

ing day.

(e) Average no. of copies

sold per publishing

day.

(d) Average no of copies

distributed freo per

publishing

day

(including

comple-

mentary voucher, ex-

change, bonus sartple

and office copies).

(e) Average no. of unsold

returns

and

other

copies printed but not

included in (c) & (d)

(I) Average size of the

newspaper/periodical

(in sq. cm )

(g) Average no of pages

per issue

(h) Average no of pages

printed pei publishing

day.

B. Total

consumption

newsprint dunng the year

(in tonnes)

C Total

consumption

white printing paper dur-

ing the year 1981-82 (in

Signature of the Publisher—

Name of the publisher—

.—.——

„

Date

CERTIFICATE OF CHARTERED ACCOUNTANT

I/We have examined the books and account of M/s

—

•

—

__, ,

(name, language and periodicity of tho papei) published for the year 1981-82 and have obtained all the information and explanation

required by us. In my/our opinion tho statement set forth above reflects true and correct analysis of circulation, page, size and number

of publishing days for the v^ar 1981-82 to the best of my/our information and belief and according to the explanation given to ttie/us

by the books of account etc.

Dated:

> —

—

Signature

„_

Stamp of the Chartered Accountant

1. Name and signature of the person who

has signed the eortificate.

2. Registration N o . —

3. Address

——•

— —

—

Not*: 1 If the ave-a&a circulation for the yoar is more than 2,000 copies pdi publishing day, the certificate should be typed on

the letter head of a Chailced Accountant and should be duly countersigned by him.

All the averages have to be given month-wiso on the basis of the particulai s of pe. formancc during the relevant month.

1 Tho figui es to be given against (g) should be arrived at by adding the total number of pages of all the issuos published

during a month and dividing the total by the number of publishing days m that month, while the figuies against (h)

should be worked not like this: Tho no, of pages of an issue multiplied by tho total number of copies printed of that issu0

will give tho infoimatioii about the total number ol pages punted on ihe relevant publishing day. Tho total number of

pages printed on all the publishing days in u month should be addod. The monthly average should be armed at by

dividing this total by the total numboi of publishing days in that month

FORM N.—4

STATEMENT TO BE GIVEN BY THE PUBLISHERS OF NFW DAH Y'PERIODICAL

1. Name of the Nrvgpapc/Perjodica)

(a) Name

(b) Language

2. D'tc of filing the latest declaration.

3. Proposed date of commencement of the publication

4. Average number of copies proposed to be printod,

(at No. for sale

(IV) No. for froe distribution.

5. Plact of printing and particulars of the Pr«ss.

(a) Particulars of the ownor of the press

Namo

Addrosi

(b) Printing capacity:

Details of printing/composing machine indicating the raaktt,

model, speed per hour and piesont life of the machino.

6. Whether bank guarantee has beon executed in the specimen form

of the Scheduled bank .

7. If so, the name of the bauk and v^lue of the guai'anici.'.

S. Whether newsprint is to be lifted through agant

9. If so, the name of tho age«t.

10. The teTji of lifting newsprint in instalments or in one lot, buffer

stock/high soa sales.

11. Name of tho Editor.

DECLARATION

T/We hereby declare that tho above statements aio tiue and correct to the best of my/our knowledge and belief.

Place:

•

Signatuie —

Date:

— — — - ~

Namo in the Block lettor——

Designation —•—.—.———.——

Residential address——

—

„

PROFORMA FOR BANK GUARANTEE

The Registrar of Newspaper for India,

(Ministry of Information & Broadcasting),

West Block 8, 2nd Floor. Wing No. 2,

R.K. Puram, New Delht-110066.

Dear Sirs,

Whereas M/s.

•

——•• •--• — ———-———•

—•

.———

—.—.

(hereinafter rofe-red to as "Allottee") have applied to you for import of the under-mentioned quantity of newsprint for publication of the

newspaper.

Name——

. — — — . _ — — _

—

Language

—

•

- ••- — ^ ^

Periodicity

__—^—

——*—-,-—-—Place of publication—^—

Approx. Quantity

Approx. CIF price, Rs.

And whwoas ai per conditions of the advance allocation for the proposed publication, Allottee is required "to have a Baflk GUarante

for 20"/ of the j»opro\ini'Jta vttlua of the newsprint quantity Bppliod for.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

MINISTRY OF FINANCE

(Department of Revenue)

New Delhi, the 6th October, 1982

Ni. DRAWBACK/PN-74/82-DBK

PUBLIC NOTICE

F. No. 600/2621-2627, 2629/82-DBK,—Under rule 4 of the

Customs and Central Excise Duties Drawback Rules, 1971

(Notification Nn. 52/F. No. 602/2/70-DBK published in the

Gazette of India-Extraordinary dated the 25th August, 1971),

the Central Government horeby makes the following amend-

ments in the Table published in the Public Notice No. DRAW-

BACK/PN-50/82, dated (he 1st June, 1982;—

1. In the column 'Description of goods' against Sub. SI.

Nos. 2621, 2623, 2624, 2625 and 2626 for the words "hosiery

fabrics", the words "hosiery fabrics/knitted fabrics "shall be

substituted.

2. In the column 'Description of goods' against Sub. SI.

No. 2622 the words "and hosiery" shall be deleted.

3. For sub-sl. No. 2627 and 2629 and the entries relating

thereto to the following shall be substituted, namely:--

Sub

SI.N-

2627

2629

Description of

3, goods

„

Fabrics and hosiery

fabrics/knitted fab-

rics made partly out

of synthetic

man-

mftdc filament yarn

and/or

synthetic-

toxtured yarns and

partly out of spun

yarns specified under

sub-sl.No.2502.

Fabrics and hosiery

fabrics/knitted fab-

rics made out of

textile

materials,

not elsewhere speci-

fied.

Rate of drawback

Appropriate rate of

fibre content and/or

yarn content (exclu-

ding nylon (polya-

mlde) filament yarn

content) as specified

under Sub-sl. No. of

SI. No. 25 and/or

26 of this Schedule,

PLUS

106% vOne

hun-

dred and six per cent

only) of the appro-

priate rate of nylon

(polyamide)

fila-

ment yam

content

specified under Sub-

sl. No. 2505 I of

this Schodule.

PLUS

Rs. 6.25 (Rupees J

six and paise twenty

five only) per kg. of

nylon

(polyamide)

yarn content \yhere

the yarn is textured

yarn.

Appropriate rate of

fibre

content and/

or yarn content (ex-

cluding nylon (poly-

amide) filament yarn

content) as the case

may be as specified

un^r)er Serial No, 25

and/or 26 of

the

Allocation

Cus. CEx.

C.Ex.

Schedule, subject to

the conditions spe-

cified

therein.

PLUS

106% (One hundred

and six per cent oily)

of the

appropriate

rate of nylon (polya-

mide) yarn content

specified under Se-

rial No, 2505 I of

this Schedule,

PLUS

6.25 (Rupees

si*

and paise

twenty

five only) per kg. of

nylon

(polyamidc)

yarn content where

yarn is textured yarn.

PLUS

0.80 (Paise

eighty

only) per kg. of fab-

ric

content when

the export product

yarn dyed/piece

dyed /printed in the

body.

All C.Ex.

All CEx.

This Public Notice shall be deemed to have come into force

on tho 1st day of June, 1982.

NO. DRAWBACK./PN-75/82-DBK

PUBLIC NOTICE

F. No- 600/2619/82-DBK—Under rule 4 of the Custcms

and Central Excise Duties Drawback Rulei, 1971 (Notifica-

tion No. 52/F. No. 602/2/70-DBK published in the Gazette

of India—Extraordinary, dated the 25th August, 1971), the

Central Government hereby makes the following amendments

in the Table published in the Public Notice No, Drawback/

PN-50 dated 1st June, 1982:—

For Sub-serial No. 2619 and the entries relating thereto,

the following shall be substituted, namely:--

Sub,

Sl.No

2619

Description of

. goods

All wool fabrics not

otherwise specified :

(a) fabrics

manu-

factured from wool-

len worsted yam of

any counts in warp

and weft.

(b) fabrics

manu-

factured from wool-

len worsted yarn of

any oount in warp/

weft and yarn spun

on woollen . system

in weft/warp.

Rate of drawback

Drawback for wool

content at the ap-

propriate ratL spe-

cified

against Sub-

Si. No.

2612-2615

as the case may be.

Drawback for wool

content in the wors-

ted woollen yarn at

the appropriate rate

as specified against

Sub SI. No. 2612-

2615, as the case

may be.

Allocation

Cui. CEx.

Explanation;— Condition appearing under Sub-Si. No. 2615

of the Schedule shall also apply to this Sub-

Serial Number.

manu- Rate to be annrun-

facturcd wholly from cod later,

yarn, spun on wool-

Ion system.

This Public Notice shall be deemed to have come into force

on the 1st day of June, 1982,

THE GAZETTE OF INDTA : EXTRAORDINARY

[PART I—SEC. 1]

NO. DRAWBACK/PN-76/82

PUBLIC NOTICE

F. No. 600/2729/82-DBK.-Under rule 4 of the Customs

and Central Excise Duties Drawback Rules, 1971 (Notifica-

tion No. 52/F, ND. 602/2/70-DBK published ln[the Gazette

of India—Extraordinary, dated the 25th August, 1971), the

Central Government hereby makes the following amendments

in the Table published in the Public Notice No. DRAWBACK-

PN-37 dated the 26th April, 1982:—

In the column 'Description of goods' against sub-seiial

No. 2722 for words "viscose filament yarn" the words "man-

made cellulosic filament yarn but excluding those made from

acetate filament yarn" shall be substituted.

This public notice shall be deemed to have come into force

on the 1st day of June, 1981.

NO. DRAWBACK/PN-77/82

PUBLIC NOTICE

F. No. 600/2729/82-DBK—Under trule 4 of the Custcms

and Central Excise Duties Drawback Rules, 1971—(Notifica-

tion No. 52/F. No. 602/2/70-DBK published in the Gazette

of India—Extraordinary, dated the 25th August, 1971), the

Central Government hereby makes the following amendments

in the Table published in the Public Notice No. DRAWBACK/

PN-50 dated the 1st June, 1982;—

In the column 'Description of goods' against sub-serial

No. 2729 for the words "cellutosic filament yarn" the words

"man made cellulosic filament yarn but excluding those made

from acetate filament yarn" shall be substituted.

This Publio Notice shall be deemed to have come into

force on the 1st day of June. 1981.

NO. DRAWBACK/PN-78/82-DBK

PUBLIC NOTICE

No. 600/104/82-DBK./F. No.

600/109/82-DBK.—

Under

rule

4 of the Custcms and

Centrf.l Excise

Duties Drawback

Rules,

1971

(Notifleaticn

No. 52/

No. 602/2/70-DBK

published

in the Gazette of

India—Extraordinary, dated the

25th August, 1971), the

Central Government hereby makes the following amendments

in the Table published in the Public Notice No. DRAWBACK/

PN-50, dated the 1st June, 1982:—

In the column 'Rate of drawback' and 'Allocation' against

Sub-Sl.Nos. 104, 105, 106, 107 and 109 for the exlstirg

tntries the following shall be substituted, rarrely:—

Sub.

SI. N

104

105

106

107

109

Rate of drawback•

Rs. 6.50 (Rupees six and paise fifty,

only) per quintal of net contents.

Rs. 2.50 (Rupees two and paise

fifty only) per quintal of net

content.

Rs. 0,50 (Paise fifty oMy) per kg.

of TSS on the minimum percen-

tage of total soluble solid (TSS)

specified in the Fruit Products

Order, 1955.

Rs. 9.00 (Rupees nine only) per

quintal of net contents.

Rs. 68 .00 (Rupees sixty eight only)

per quintal of ne t contents.

Allocation

Cus.

All C.

All C

34.0C

C.Excise

Excise.

. Excise.

',. Excise.

!. Excise.

)

34.00

This Public Notice shall erne into force on the 1st day of

November, 1982.

THE GAZETTF OF INDIA : t-XTRAORDINARY

[PART I- SEC. fl

MINISTRY OF FINANCE

(Department of Revenue)

No.

DR.AWB\CK/PN-80'82

PUBLIC NOTICE

New Delhi, the 15th October, 1982

F. No. 600/2634/82-DBK —Under : ale3 oi the Customs &

Central Excise Duties Export DrawbackJRules, 1971 (Notifi-

cation No. 52/f. No. 602/2/70-DBK published in the Gazette

of India—Extraordinary

dated the 25th August,

1971) the

Central Government hereby i i u V th" foil"." v.g arncnJ'Wita

in the Table published in the Public Notice No. DRAW PA (

PN-50 dated the 1st June, 1982 —

After Sub-serial No. 2633 and the entries relating thereto,

the following sub-serial No. and the entries shall be inserted

namely :—

Sub-

Serial

No.

2634

Description

of goods

f 'arbonised.

Fabric

Rate ol drawback

fi) Drawback of

Rs.

49.90 (Rupees *orty

nine and paise ninety

Allocation

Cus. C

C.EX.

All C.EX.

only) per kg on the

polj ester iibre con-

tent.

PLUS

(n) Re.O 90 (Paise nine-

ty onl>) per kg. ol

export product where

tho product is yarn

dyed/piece

dyed/

printed/mainly

co-

loured.

PLUS

(Hi) 104% (.One Hundred

and four

per cent

only) of the

total

excise duties paid

(excluding handloom

Cess) per kg. of yarn

utilised in the manu-

facture of gre\ tab-

ric from which car-

bonised fabrics have

been manufactured.

PLUS

(iv) Other fibre(s) con-

tent

• Where the

grey fabric

(from

vvliich the carbonis-

ed fabric has been

manufactured) con-

tains ib^re(s)

other

than cotton and po-

lyester, such fibre(s)

in t'ie grey

fabric

shall be paid draw-

back at the appro-

priate rate as

per

the relevant

sub-

serial No. 26 of the

Drawback Schedule.

All C.EX.

tor She purpose of payment of (iiij and (iv) above, the

exporter jhall produce cwdence hem an officer of Central

Excise not below the rar.k of Supdt. of Central Excise in respect

of :—

(a) total fibre content (other than polyester and cotton

Fibre content) in the relevant grey fabric; and

(b) total quantity of spun and/or nlament <• arn to be >e-

parately furnished content in the relevant grey fabric

Note : —Drawback on ..ca.u.it -f spi.n v<-., L mtenl

s^-aa^u b e

paii subject to the •jroJuc'T.n )f - idence to the

sansiaction of the Assti. Collector concerred that

PiTopriate Central Excise Duty has been oaid on such

varn without protest by manufacturer of yarn.

This PrNic Notice shall be -'corner! to | m e come into force

on the 1st day of June, 1982.

•i. S R. KHATH1NG, Under Secy.

PRINTED BY THE MANAGER, 00VT. OF INDIA PRFSS, "UNO Rf-AD. NEW DEX.H1-J 10064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DfcLHI-i 10054, J9o2

THE GAZETTE OF INDIA . EXTRAORDINARY

[Part I—SEC. I]

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

New Delhi, the 15th October, 1982

PUBLIC NOTICE NO 51-ITC(PN)/82

Subject

—Import & Export Policy for April, 1982—

March, 1983

F. No. IPC/3/36/79 —Attention is invited to the Import &

Export Policy for April, 1982—March, 1983 published under the

Ministry of Commerce Public Notice No

16-ITC (PN)/82

dated the 5th April, 1982, as amended

2. The following amendment shall be made in the policy

at appropriate places indicated below :—

SI.

No.

Page No

of Import

& Export

Policy,

1982-83

(Vol. I)

Reference

Chapter 14,

Para 89(1)

Amendment

After the

existing

sub-para

(m), the following new sub-

para (IV) shall be added :—

Chanter 14,

Para 92(1)

"(iv) Companies, firms, societies

and similar other corpo-

rate bodies, owned to the

extent of at least 60%

by non-resident pent ons

referred to in (i) to (HI)

above "

The following shall be added at

the end —

"(,20 percent share referred to

m this sub-para may be of

the eligible person concerned

or of a company, firm, society

or similar other corporate

body owned to the extent

at least 60 percent by such

person)"

MANI NARAYANSWAMI,

Chief Controller of Imports & Exports

PRINTED BY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DFLHI-110054,

1982

THE GAZETTE OF INDIA . EXTRAORDINARY

[PARI J - S E C . 1]

MINISTRY Of COMRJERCK

IMPORT IRADE C ON!ROL

PUBLIC NOirc t NO 5 2 - m i P N j '.-.2

New Delhi the IKih nuuhei

l⁽>s_l

Subject

1 iLcnsini. t-ondnmns m

IL^I i_Lt OL import oj

LL'OLK

<•

ti)i

t h e i m p l e m e n t ition ul Un

I c \ v u

MLLLLII

l l } d u

•

Ho nd extended I \

iv Ovi m ^ 1 umonuc Co upeui

null I und tUH b oi I.ip n

T. No

Il't 23(4> 81 — Mtari'ion

is .nviuj

in the Mi

nisliy ot (ommciLL I'u lu ^()¹1LL No

"> ITi i 'Ni K2 dated

the 2^id Jmunii

1'^Z

IUMIVIIL thj tdm

IIK, tindiliuns

govcminj' issiumte ol iinptu

lttcnc^s u lcsptLi ot

impoit

ot goods .ind

SCMIL^S undti

ihe Ol t 1 Liun

Agre-emciil

Yen 7 6 Billion Joi implenifiUiilion of Ihc 1 owei

Meltur

JHvdio EleiUii. Project ol the Kimil Njdii SKit

Hctln it\

Boai d

2 It has been decided th it Seeiion Vliv) ol the licensing

conditions mentioned in \ppendi\ to the jfou^iiii

Public

Notice nuiy be subililuted hy tht followiriK —•

Hunking chdige pay ihl<- to IIK B ink il 1 lJiu, Tokyo

foi t)ficninii

TiJintLiiunLi; .intl opei.ilion of

the

letter of ciedit,

foi ncgotiuiions iheieunder

Hnd

chLijges, it

oi O\eist;js supplicis

hankcis are

to lie (x>tnc by .1^ im(ioilcr (\i/

I imil Nadu Elei.-

tiii.it> Bojid)

Inteiest chaiges pa^.iblc to l'u H ink ot Midi

lokjo for

ihf penoil Lountinji fiom tht dat

ul n lynicnt to hs Japanese

Mipplici by Bank ol India, Tokiu n t tin. d ite t i , n,imluirie-

meni hy the Off 1 to B ink of Inili i fOni > sl> 11 h; borne

hi Lhe liipjnese suppliei \"

V s

umnomo

( orpoiation.

lokvo and not bv the impuiLti

Sd/

M \Nl NARAYANbWAMI

Chief ronliollei of

Impoi ts lit f \poits

IAKHA1 RAM, Tt Chief Contiollci of

Imports A I xfuirls

PRINTED BY TIIF M^NVfiTR OOVF Ol TNDU PRESS, RING BO tD, NF VV DELHI 110064

AND PUBLISIIFD BY Till roNlBULLlR Ut PunLICAl IONS, DLL111 110054, 1982

THE GA2ETTF OF INDIA : EXTRAORDINARY

[PART I—SEC. 1]

PRESIDENT'S SE( RETARIA1

NO'I IHCA'I ION

New Delhi the l^ih Vigust, L9K2

No. 47-l'u"i./82.—The Picsideni is pk.isej 10 award Ceilificjic til" Honum

lo the rullovvmy schnl.u, in S.inskiil

Ai.ibiL .mil Persian :—

S \NSlsRI I

1. Shu \iilum Shn.ulnH.i Shum.i

S h h H m l J i n u l l i S h . i . l i i

VV.irinin

K . u i i m h e l k i l i

S t i l l

FIIIJV.H.1I v j H h . i i ' . p j l v

D i . I j h . u n i L r i ( . l i . l i i . u h

S h . i s l n

.Sini J . i j j d i s h

S h . i u i K j

fj. Stiii Mahiish.mkei (ilul.ihh;ii SKukln

\ g n i h o t n

7. Shi I Miiy.i l^Ji .is.ul I up.iihi

S. S h r Muthtikrisrin.i Sh.isln, K.

9 Sim N.i\tilpakk.ini

\ \ s , i IXv.m.ith.ichary.i

]l). Shi i Oilin Uiini Nunhiuliiip.nl

ARABIC

1. M(.li,.mniLd Mehmuud Suili

2 Mii'i.imni.id V'ousiif Kok.in

VI RSIAN

1. Shu Hliugwiit .S.iuiop

2. Shif Khucr Ali Kh.in

S. NILAKANTAN, D ;

Socj.

U> ihc I'ltfsiilenl

P R I N T E D

B i I H f c M \ N A l . l - R ,

l / H " , I . ( I I 1 N I ) I \ 1 [(.f H S , R [ N ( , K ( | \ D , N I V \ U l 1 1 I f - I ] 0 C 6 4

M N ' n

P U I i r . I S H I L )

I ! Y I H E ( l l N T H l i l l l u

i n

I M H I l f \ f l i ) N > -

1)1 I H I - I I 0 0 S 4 ,

I 4 R 2

THE GAZETTE OF TNL>fA t EXTRAORDINARY

[PART t—SEC. 1J

MINISTK\ OF COMMERCE

LUPORI TK \DE CONTROL

Public Notice No. 53--JTC(PN),K2

Nev\ Delhi, the 23id October, V)»2

Subject.—Licensing

conditions in icspeet of imports of

goods and services undei the Yen Credit of ,r 6.0

billion loi lelecoinmunicitious Project (V) of '.he

DGP&T

Flic N". IPC 23(34) 82.—I he

terms

,<:id

conditions

governing the issue of import licence in icipect of imports

of goods uml services under the Yen Ciedil ol v 6.0t)

billion foi telecommunications

Projecl(V) ol the IXiP&T

«.\tended

by the Overseas Economic Co-opeialion Fund

(OECF) of Japan as

given

in Appendix to this Public

Notice are notified foi inloim.'ition.

MAN! NARAYANSYVAM1, Chief Controller

of Imports & Exports

APPIND1X

IO MlNIS'lR^

01- COMMtRCF

PUBIIC

NOTICE NO 53—lTC(PN)/82

Dnted the 23id Octobei, 1982

Licensing Conditions in Respect of linpoits of Goods and

Sej vices under the Yen Credit of

y 6.0 Billion for Tele-

communications

Piojcet

(.V) Extended by the Oversells

Economic ( o-opeKiiion FuikUOhCF) ol Juptu).

Section I—Cicneuil Condition-. .

I(i) The Yen Credit of

i 6.0 Billion extended b> the

Overseas Economic Co-opeiJIIOII

Fund of

Japan (OECF)

for financing the impoit requirements of the Telecommuni-

cations Project ol the fXiP&f is untied in favour of deve-

loping eountriev

Accordingly the goods .tod seivices to be

procured undei this ciedit cun be imported liom Japan and

all countiies enumerated in the list

t^it^Aiine\me^I^'Which

will be eligible souiee 1.0111111 ies undei iho (.ledit.

Kii) Impon Licence!-.j under the Credit e.m be issued

only foi such items and for such \alue as have been speci-

fically denied by the DGTD/CCi ( ommittce.

(he value

of impoit JieeiKefs) issued under

this credit should npt

exceed Yen 6,600 million (,CII ).

Tbe >upee value of the linpoit licence shall be determined

with reference to the exchange uite notified by the Depart-

ment of Revenue (Customs) mid prevailing on the date of

issue of the impoil licence and indicated in the body of

the import licence's) us per paia 2 of the Public Notice

No. 78-n'CfPN)/74

dnted the 6th June. 1974, issued by

the CCI&E, which also enjoins tlmt the- Customs Aulhoiilies

and the authorised deulers in loieijrn exchange w-ill make

debits to -the value of the licence(s) .it the exchange rate,

specified on the inipoit hcence(s).

The licence vvill heai

the superscription "'Japanese Yen Credit No. ID-P. 19". The

first and second suflix to the licence code will be '"S/JC".

This will also he repented in the letter fiom the CO&F

forwarding the impoit licence to DGP&T, a copy of which

.should b» endorsed to the Ministry of Finance. Department

of Economic Affairs (T.ipai* Section),

I(iii) Import lieencefsl can be issued onh in favour of

DGP&T on CTF basis.

I(iv) Depending on the convenience of DGP&T moie than

one import licence may be issjjed under this credit, but the

total value must not exceed \ 6.600 million (CIFl as speci-

fied at (i) above.

I(v) The extension of the vaJidity of the inioon licence

.may on application by DGP&T, be' granted upto 31-12-86.

Request for further extension, if nnv, should be refoired (0

the Department of ru>nomic Affairs Oapar> Section).

Jfu'i Imports (o be financed under tin CVdit .11L I L -

1 lifted lo Hit list ,,f goods- arid seiviee, attached to lln

import licence

dulv attested w 'fa lieemsiiii; authoiities.

Kvii) No remittance of foreign exchange will be per-

mitted against the impoit licence.

Any favment towards

Indian Agents commission khould be mgde in Jndun rupees

to the agents in India.

Such puvmenls, however, will torm

pait of the licence value ami will, thcieloie, be chaiged to

ihe licence.

l(vni) Finn oidci must be placed on FOB basis on the

Overseas supplier located in

the countries mentioned in

Aiinexuie-I'aiid sent to

the

Department

of Economic

\lfairs (Japan Section) within 4 months fiom the date of

issue of the import licence. Height and insurance charges

will be payable in India in Indian rupee's. '•Firm orders"

means pin chase ordcis placed by the Indian lieencec on the

overseas supplier dulj signed by the latter or.purchase con-

tract duly signed by both tho Indian impoitei and the over-

seas supplier. Ordeis on Indian Agents ot overseas suppliers

and or ordci confirmation of such Indian Agents aic not

acceptable.

1 I

J(ix) This condition of the placement ot contracts within

4 months pciiod vvill be treated (is not having been com-

plied with unless complete contract documents reach the

Ministry oi Hnanee

Department

of Economic Affairs

I Japan Section) within four months f 10111 the date of issue

of the import licence.

Jirm

ordeis us explained in

pa)a J(viii) above ennnot be placed within four months for

\alid leasons, the licensee should submit the import licence

to the concerned licensing authorities giving

reasons ' why

oidering could not be completed within foui months.

Such

lequests foi extension in the ordering period vvill be con-

sidered on mem by the licensing authorities who may grant

extension upto n further maximum period of 4 months. If,

however, extension is sought beyond 8 months from the

date of-issue, of the import licence s'ueh proposals will in-

vaiiably be lefened by the

licensing

authorities to the

Department of Economic Mfairs (Japan Section), Ministry

of Finance, North Hlock, New Delhi uho vvill consider such

.extension on the meiits of each case :ind communicate their

decision to the licensing authorities for communication to

the licensee.

Only on pioduction

r» the 'licensee of a

lettc: from the licensing aiilhoiities sanctioning such exten-

sion v\ill be .urthoiised dealiiis and departmental authorities

permit the facility ol lettei of authority for the establish-

ment of lelter of ciedit. acceptance of deposits of the rupee

equivalent, etc. in lespeet of supply contracts entered into

under the import licence.

1U) All payments must be completed within 4 months

liom the expiry ot the import licence. Individual payments

must be tmanged upon shipment ol soodv

The contract

should provide toi payment on cash basis i.e. on presen-

tation of shipping documents.

Nvj Credit facility of any

kind will be permitted to be

availed

of by the Indian

importer from the oveiscus supplier.

The contract- should

piovide for the peiiod of delivery of gooda us follow?:

months aftei the icceipt of l.eiler of credit but

to be completed latest by the end of

In fixing the terminal date tov shipment it should be noted

that this date should not be beyond 31-12-86.

Section II—^Special points to lit kep' in view while negotiat-

ing a supply contract.

ll(i) The FOB value of the contract should be expressed

in Yen (Fraction of Yen should be omitted) and ihould

exclude Indian Agent's commission, If nny, which should be

paid in Indian uipees.

In no ciicumstances ihe contract value should be expressed

in Indian rupees- or in any other currency. The purchase

order uncl the supplier's oi-Jer confirmation

should

be in

English only.

Ilfiil The broad guideline") for procurement of. goods and

services unde- tbe OECF Yen Ciedit (Project Aid)

aj-e,

given in Annexflre-IT. However prior approval of " the

Fond shall be obtained if it ii proposed f0 adopt procure-

ment proceduies other ;h,in Formal Open International Ten-

dering for goods' and services to be financed out of the pro-

ceeds of the loan, submitting to the Fund an application for

approval of pifuurenicm nicllinOKj signed bv ilnh anllioii nl

person together with its reasoning.

Immediately allei conclusion "of loan Agreement

the

copies of ull notices and iinrmctrjin to biddeis. the bid toim,

ifae proposed contiact, speculations _;.nd. drawings iind all

other documents relevant to itic biddir.fi shall be submitted

10 Ihe Fund lor its icview. The above documents/application

may bp forwarded, in duplicate, to the DEA (Jap:in Section:

" for transmission lo/ohlainin-j approval of 0 K . 1 .

ll(iii) The payment lo lilt overseas suppliei siiouUl

arranged ihiough an lrievoaible letter of credit to be opened

by the Bunk ot India, Toiyo ' 1 (her favoui under Ihe OECI-

Yen.Credit (Project Aid) N J . HJ-P. l<> for 197^l).flo the details

of which are given in Section VI below.

H(iv) Only one conliacl should be enicieJ into against

the import licence. In exceptional cases, more lhan one" eon-

Uact muy be permitted to be entaied into, for which piler

approvnl of the Department of Lconomic Ail.'liis (lapan

Section). Ministry of Finance, shoulo be obtained soon aflcr

Ihe dale of issue of the import licence.

Illv) Eljgibility 01 Suppliei.—Supplier slmll te nationals

of Ihe eligible source countries or juridical persons incor-

porated and .registered in the eligible source countries and

controlled by nationals of the eligible souice countries

ll(vi) Declaration in Contract.—The following statements

of eligibility by the supplier shall be lulded to each contract

''I, the undersigned, hereby certify I ha' the goods to be

supplied are produced in

_.i-~i—*

(clipihli;

source country).

I, the undersigned, funhei cfitify ijia: to the best- of m\

information tind belief, the poi tion imported from the non-

eligible source countries is less than thirty rer cent (30'r I

in accordance with the following formula :

lU/jorted C[F pri.-c i-f,nporl Duty

Supplier's FOB Price

and

"I, the undersigned, hereby ceitify that-*—

..___—,i

(name Of company) has heen incorporated and -legbtered

——

—(name of eligible touice

country), and is controlled by nationals of the eligible source

countries"'.

JKvii} Permissible iinrioits front non-clieiblc souree count-

lies.—Financing of goods which contain materials oiiginatin;/

from a non-eligible source country or countries may be made,

provided-thai the imported portion is less than thirty per i*""

(30%) on an item-by-item h>si<; in accordance

with

Ihe

following formula :

Imported CIF Price^Llnipor,t Duty

Supplier's FOB Price

Section HI'—Condition-, \6 be'incorporated in the siippjv con-

tracts :

lll(i) The following'provision should ho specifically em-

bodied in Iht supply contract :

(a) The contract is .mangrd in accordance with the loan

Agreement between the Government of India

Snd

Oveneas Economic Cooperation Fund of

l.ipan

lOECP)

dated the 14lh Mry. 82

concerning Ihe

Yen, Credit No. TD-P. N (Project Aid) for Tele-

cumunications Project (V) and will be subject to

the approval of Cicnernmcnt of India and the Ovei-

seas Economic Cooperation Fund.

(b) Payments to Ihe sjpplici shall be made ihroueh .n

irrevocable Letter of Credit to be issued bv the

Bank of India. Tokyo under the Loan Acieemen'

No. 1D-P. 19 c'at^.I 14th May. 82 between

the

Government of India nnd, the Overseas Fcewmic

Cooperation Fund of lapan (OFCF).

such in-

formation and documents ns may be requ'"4 under

Yen Credit arrangements bv (he Government of

Indi.i on the one hand .md the Ul C I on llic ollici

(d) Certificates tuiplicalc) in the loims ii.Uic.ilcd

ll(\i).

IlldU 111 case the Mippli'T is loc itcd in kipan, the supply

conn act should contain a clause Him the Upanesc suppliei

ajjiees to make shipping an augments in ciuisullnlion with

Ihe hmhassj ol India, K>k� and dial for ihis purposr he

would keep the I-mbass\ i>f India, loKju inloimed of the de-

livery schedule ol the goods iiuohci! and notify the hmbassy

of India at least six; wc.lij in adyance of the shipping ic-

" quired so that suitable ananHenuuis could- be nwdc. In cv

ccptional cases, wheie the Indian impolicy requne u,

this

' period of notice may be icducsd. Ihe Japanese supplier

should also agree n send a cable advice to ihe importer after

each shipment giying the nec-ssuy details und.n copy iheie

• of should be sent to the 1-mbassy of Indin, Tokyo.

Section IV--C ontract ,\ppio\,d by OFC l^J :

IV(h) Within the stipuhiL.I pciiod lor placement of firm

orders Ihe licensee *>hould forwaid 4 copies of the contract

duly signed by both DdPifcT and ovciseiii suppliers supported

by order contiimation m '.viiiing by the overseas supplier or

their photo copies complete in all iespccis, together

with

two photo copies of the relevant valid import licence,

Japan Section, Department of Economic Affairs, Ministry

' of Finance, North Block, New Delhi.

-1 VCJIJ The ubovc piocedui'e will also alpply to all contlact-

arncndmenls causing-essenlLd modifications to the contsnts of

. contracts.oi in its price,

• IVtfii) The Mimstiy of Finance (DEA) Japan Section will

arrange to send one copy ol ihe contract documents to the

OECF for their approval loi finahcing under Yen Credit

Noi 1D-P

19. (Pioject Aid) for Telecomrrjiinicalion Piojccl

(V).

Section V—Payment io

Ihe oveLseas supplieis—-Letter

Credit Pmcet[uic :

V(i) On'receipt of the intiinjrion of the contract approval

lioni the OECK, by the JMinistiy of Finance, Depuitnfm

of Lconojuics Affairs, Japan Section, DGP&T end the CAAA

will be informed of the same. Whertnfter Ihe DOP&T should

approach the Controller of Aid Accounts «fc Audit, (hercin-

aftei leferrcd to as' CAA&A)

Deportment of

hconomic

Affairs, Ministry of finance, UCQ Bank Building, Parliament

Street, New Delhi with a ieqiie-,1 in Ihe ioim.attached

.Annc\-urc-MI for issue" of a letter of authotisatjon.

The CAA&A will is-aie i leitei of luthoris.ition as in the

form attached

as Annexure-IV a'ddrcssad. to the

Tokyo

Bianch of the Bank of India for opening an iircvocuble J^etter

of Credit as in the form attached as AnpexnreTV (for physi-

cal imports) or Anncxurc-Y I (for services) in favour of Ihe

overseas supplier concerned. Copies of the Letter of Autho-

risation will be endorsed to the OFCF, the Embassy

India, Tokyo, the importer's Bank in India, and Japan Sec-

tion, Department of Fcomimc Affaiis, Ministry of Finance.

Vlii) On* icccipt of tho letter of authority ihe Bank of

India. Tokyo, w.ill establish an inevocublc letter of credit .as

per Anne�re-V (applicable to physical imports) or VI (ap-

plicable to services) in favour of the overseas suppliers con-

cerned and will also foiward a copy of the same to the

OFCF, Embassy of India Tokyo, ihe impoiter's Bank in

Indi'a nnd the C\A&A.

The above procedure of opening of letters of credit

the basis of the letters of authoiity from CA \&A would ipso

facto apply to nil such amendments to letter of authorisation/

letter of credit as may become necessarv due t.i contract

amendment or other-wise.

V(iii) The overseas sunplh, shall, -ifter. effecting shipment

of the poods, present Ihrouuh his banker, the documents

specified m tjie letter of credit- to the Bank of India Tokyo

If the documents aie found to be in oid:i, the Bunt of India'

Tokyo will release the amount specified in the documents to

-(he overseas supplier throuch his bankers and will thereaftei

obtain rtimblirscmcnl of the .Aia amount fiom Ihe OFCF.

• Vih) All charges on account of opening,' maintenance snd

on iht operatinh of the letter r-f c?dit Mill he either fn ir,e

THE GAZETTE OF INDIA : EXTRAORDINARY

[I'AIU I—SEC. 1|

account of overseas suppliers or the importer. Bank, of India.

Tokjo will therefore recover oil these charges from the sup-

pliers Bank or the imporler, charges for handling and ne-

gotiating the document!. Drat othrr incidentals will also be

borne by the supplieis/impoite¹".

For the time lag between the dates of payment of the

F.O.B. cost of the material by the Bunk of Jndia, Tokyo to

ihe

suppliers and the date of leimbuisement by ihe OECF

the Bank of India will charfie interest ns per the terms and

conditions of the Agreement entered into by them with the

Government of India (M/o Finance) on 25-3-1980 and gel

the same- reimbursed by ihc Embassy of India, ToVjo, The

expcnJiiure on account of this interest-payment by the Em-

bassy of Jndia in Japan will be recoveied from the P& f

Departmtnt (vide Section Vl(h') infra.

Section VI—Responsibility for rupee deposit ;

VJtf) The Bank of India, Tokyo will forwaid the negoti-

able shipping documents to the accredited bankers of DGP&T

as indicated in the Appendix to the relevant Letter of Autho-

rity and

the bankers

will in

turn

ensure

thai

Ihe

DGP&T make the rupte denosits at RBf, New Delhi

S.B.I. Tis Hazuri, Delhi before releasing the shipping docu-

ments. The rupee equivalent of the Yen payments made

the overseas supplier are to be deposited into Government

of India Account in the manner presciibed in Public Notice

No. 74-lTC(PN)/74 dated 31-5-1974. The exchange rate to

be adopted for computing tho rup«e equivalent of the Yen

payments made to the overseas supplier!; will he the composite

late of exchange applicable to the date of payment which

will be worked out in accordance with the method prescribed

in Public Notices No. 109-ITC(PN)/74 dated 3-8-1974 and

No. 8-ITC(PN)/76 dated 171-1976 or as may be notified by

Government from time to time through Public Notices of

the CCT&E or through Exchange Control Circulars of the

Reserve Bank of Jndfla, The Head oi Account to which the

above rupee deposits should.be credited Is^ltK—Deposits aTfd

Advances—843-Clvil

Deposits-Deposits

for

purpose

etc.

abroad—Purchase under credits/Loan. Agreements

Loans

from the Government of Japan-6.0 billion Yen Credit No. ID-

• P. 19 for Telecommunication¹? Project (V)". The prcvisicni

regarding calculation and deposit of interest charues men-

tioned in the above said Public Notice of 31-5-1974 will,

however, not be applicable, as no interest charge? are re-

coverable in respect of imports made bv Central Govern*

ment departments.

Vliiij The amount referred tj abme should be deposited

in cash to the credit of the Government either in the Reserve

Bank of India, New Delhi or State Bant or" Tndia, 7 is Hazari,

Delhi as contemplated in Public Notices No. 184-lTC(PN)/68

dated 30-8-1968. No. 233-ITC(PN)/fift dated 24-10-1968 No.

132-TTC(PN)/71 dated 5-10-1971. No. 74-ITOPN)/ 74 date-]

31-5-1974 and No. 103-TTOPN)/7fi dated J2-1O-1976:

VKiii) The concerned Bank in India shall also iurnish

iucb additional deposit in the same manner stipulated above

as mny be requested by the Government of India, Ministry of

Finance, Department of Economic Affairs, on account

service charges within -seven dayi after such a demand

made by MiniMry of Finance [Department of Economic

Affairs), While filling in th-: \.irlous columns/in ;be chali.in

it should be ensured by the importen/their bankers that

the information prescribed in para 2 of

Public No*lcc No

132-ITC(PNV7I dated 5-10-1971 ,\ invariably indicated in

the column "full particular* of remittances and authority (if

any)" of the challan. The following particulars should

in-

• variably be furnished in the treasury Chilians :—

(a) Ministry of Finnic tetter of authority No, and date,

(b) Amount of Yen currency in respect of which

de-

posits are to be made together with rate of con-

version adopted.

fc) Date of payment to the overseas supplier, •

Thereafter Ihe Treasury Challant evidencing (he rupee

deposit should be sent by registered post to the CAA&A in-

dicating reference to the letter o* authorisation issued

him and also enclosing copir) of the

invoice and ihjppfrijt

documents.

Noie : Importer"* Banks in Irdia should ensure that the rupee

deposits are invariably mad; within 10 days of the

receipt of the advice of pyaments and negotiable

shipping documents from the Bank of Jndia, Tokyo

and that the CAA&A. Ministry of Finance IDEA),

New Delhi is kept informed of the fact Immediately

thereaftei.

Vftivj The concerned bank in India should also endorse

the amount of rupee deposits on the exchange contiol copy

of the licence and send the r;quisitc, "S" Form to the Re-

serve Bank of India, Bombay.

The rupee equivalents of Yen paymenls on account

interest charges-etc made by Embassy of India, Tokyo, to

Bank of India, Tokyo will also be calculated in the manner

laid down in para Vl(i) of Section VI ubov^ and deposited

in favour of the Principal Accounts. Officer Ministry of Ex-

ternal Affairs, New Delhi, for which purpose, CAA&A will

be tailing suitable advices.

Section VII—Miscellancr us provision? :

VU(i) Reports on the utilisation of Ihe import licence.-- •

The importer should send a monthly report, after the letter

of credit has been opened risarding shipment! and payments

made thereagainst and about the balance left, to the Con-

tioller of Aid Account* & Audit, Department of

Economic

Affairs, Ministry of Finance, UCO Bank Building. Parlia-

ment Street, New Delhi.

VU(ii) Notifying

Supplier of Special

Conditions,—The

licensee should apprise the supplisr of any special proviiions

in the import licence which may affect Ihe tuppHenj in carry-

ing out the transaction.

Vll(iii) Disputes.—It should be understood thai the Govern-

ment of India will not undertake any responsibility for dw-

putes; 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 must be clearly «pelt

out by the importer in Annexure-III under 'Terms of Pay-

ment". Provisions dealing with settlement of disputes thni.fcT

be included in the conditions of contract.

Vl(iv) Future Instructions.—The licensee

shall promptly

comply with any directions, instructions or order* by

the

Government of India from time to lime regarding any and

all matters arising from or pertaining to the import licence

and for meeting all obligationi under the Yen Credit Agree-

ment (PROJECT AID) No. ID-P. 19 with Overseas Eco-

nomic Cooperation Fund of Japan (OECF;.

VIIf\) Breach or violation.—Any breach or

violation of

the conditions set forth in the above

clauses will result in

appropriate action

under the Irrtport^ & Exports (Control)

Act.

VI7(vi) List of Anneuiret

Annexure-I.—List of eligible source countries

Annexure-II.—Main Guidelines for Procurement.

Annexure-III.—Request for issue of Letter of Authority.

Annexure-IV.—Form of Letter of Authority.

Annexure-V.—Form of Letter of Credit (Applicable) of

Physical Imports.

Annexure-VL—Form of Utter of Credit (Applicable to

. Services),

ANNEXURET

LIST OF ELIGIBLE SOURCE COUNTRIES

A. Developinu Countries and Territories :

(al) Non-OPEC Developing Countries :

1. AFRICA, North of Sahara ;

E«ypt

Morocco

Tunisia

M. AFRICA, South of Sahara

Angola

Botswana

Bniundi

Cnmereon

Cape Verde Islands

Central African Rep.

Chad

Conioio Islands

Congo, People's Republic ot

Dahomuy

Equatonal Guinea U)

Ethiopia

Gambia

Ghana

Guinea

Ivory Coast

Kenya

Lesotho

Liberia

Malagasy Republic

Malawi

Mali

Mauritania, Mauritius

Moozambique

Niger

Portuguese

Guinea

Retinion

Rhodesid

Rwanda

St. Helena and dep (_2j

Siio Tomo and Principe

Senegal

Seychelles

Sierra Leone

Somalia

Sudan

Swaziland

Terro. Afais and Issas

Togo

Uganda

Un. Rep. of Tanzania

Upper Volta

Zaire Republic

Zambia

IT. AMERICA, North ami Central.

Hahamas

Barbados

Belize

Bermuda

Costa Rica

Cuba

Dominican Republit

El Salvador

Guadeloupe

Guatcmal.i

Haiti

Honduras

Jamaica

Martinique

Mexico

Netherlands AnTilles

Nicaragua

Panama

St. Pierre & Miquelon

Trinidad and Tobago

West Indies fBr.1 n.i.e.

(a) Associated St.tfes (4)

fb) Dependencies f5)

[V. AMERICA, South

Argentina

Bolivia

Brazil

Chile

Colombia

Falkland Island*

French Guiana

Guyana

Paraguay

Pern

Surinam

Uruguay

V. ASfA, Middle Fast

Bahrain

Israel

Jordan

Lebanon

Oman

•SyriHn Aiab Republic

United Arab 1-mnates (,f>)

Yemen Aiab Republic

Yemen, People'i U.K. (7)

VI. ASIA, South

Afghanistan

flancladesh

Bhutan

Hurma

India

Maldivm

Nepal

Pakistan

Sri 1 ant»

Vlf. ASIA, V*r Iiait

Brunei

Hong Kong

Khmer Republic

Korea,

Republic of

Laos

Macao

Malaysia

Philippines

"vingapor*

I aiwan

Thailand

Timor

Vi»>Num, Rep. or

V'it-Num Dem. Rep.

VIII. OCEANIA

C oeL Islnndi

Fiji

Gilbert &. Ellice Ii.

French Polynesia (8)

Nauru

New Calendonla

New Hebricei (Bi. rind Fi >

Nine

Pacific Islanjs (US) (9)

Papua New Guinea

Solomon Islands (Br.)

Tonga

Wallis and Putunn

Western Samoa

IX. EUROPE

Cyptu»

Oibraller

Greece

Malta

Spain

Turkey

Yucosk\ is

d) Formerly 1he territory of Spanish Guinea, including

the island of Fernando Po.

(2) Including the foliow-iny islunds*- Ascension. Tnstnn

da Inacces-iihlei. Nightmcale, Goiifh.

H) Main islands,

Atnbu,

Bonttire,

CmacMo,

Siiha,

St. Eustacit SI. Nfartin CSouthern pait).

(4) Main islands¹ : Anti.uu*. Dominic:), Grenada, St. Kilts

(St. Caristophe), Nevin-AncniMa, St. Lucia

and

SfrVinient,

(5) Main islands : Montseii.it. C«)>m,in. 'I'mIs

and

Caicos, and Biitish Virain Islands.

ffil Ajman, Dubai,

Fujairtih, Rai a: Khm'mah. Sharjah

and Umm al Ouaiw.<in.

(7) Includinc Aden and various sultanates and emirates.

f8) Comprising the Sniffy Islands Tincluding

Tahiti),

Tke Austral Islands, the Tuamom-Gambicr Gicurt

and the Marquesas Islands.

(9) Trust Territory of lhe Pacific Islands : Caroline Is-

lanUi, Marshall Islands, and Marine Isl.mJs (except

Guam¹),

889GI/82—3

] 8

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART I—SEC.1]

(a) Member or Association Countries of OPEC

Algeria

Bolivia

Liuiyan Arab Republic

GaDon

Nigeria

Ecuador

Venezuela

Iran

liao

Kuwait

Qatar

Saudi Arabia

Abu Dhabi

Indonesia

ANNEXURE II

MAIN GUIDELINES FOR PROCUREMENT OF GOODS

AND SERVICES UNDER THE PROJECT LOAN AS

FORMULATED BY OX.C.F.

I. Advertising:

For all contracts subject to Formal Open International

Tendering, invitations to bid shall be advertised in at least

one newspaper of genoral circulation in India.

II. Bidding Documents and Contract? :

1M. Bid Bonds or Guarantee : Bid bonds

or bidding

guarantees are a usual requirement but they should not be

set so high as to discouiage suitable bidders. Bid bonds or

guarantees should Lie released to unsuccessful bidders as soon

as possible after the bids have been opened.

II-2. Condition of Contiact : The conditions of

contract

should clearly define the rights and obligations of the importer

and the contractor or supplier, and the powers and authority

of the engineer, if one is employed by the importer, m

the administration of the contract and any variations there-

under. In addilion to the customaiy general conditions of

contract, some of which are referred to in these Guidelines,

special conditions appropriate to the nature and location of

the project should bo included.

11-3. Type and Size of Contract: Contracts can be let on

the basis of unit prices for work performed or ittms supplied

or of a lump sum price, or a combination of both for differ-

ent portion-* of the contract, according to the nature of the

goods or services to be provided and tbe bidding documents

should clearly state the type of contract selected.

Contracts based principally on the reimbursement of actual

costs aro not acceptable by the Fund except in exceptional

circumstances.

Single contracts for engineering, equipment and construc-

tion to be provided by tbe same party ("Turnkey Contracts").

are acceptable if they offer technical and economic advant-

ages for the borrower country.

IT-4. Fligible suppliers : Exporters or suppliers whose aoods

and services are to be financed out of the proceeds of the

Loan (h-re'naf'cr referred to n3 "the eligible supplier") shall

be nationals of the eligible source countries satisfying the

following conditions.

(1) a majority of subscribed share? shall be held by

nationals of the eligible source countries,

(2) a mnioritv nf fulMime din.-eroi\ shall ht nafbnnls

of the eligible source countries, and

(31 s'l^h furidJcnl 'perioni' shall be roistered In the

eligible source countries.

ITT-1. Contract Price :

(a) Thn contrary price should be stated in .fananew Yen

provided, however, that the portion of the contract

price which the contractor wi'l snend in the borrow-

c^r\

country should bt: stated in the

bnrrowe V

currency.

(b) Price Adjustment Clause* :

Bidding documents should contain a clear statement

wnether firm prices lire required or escalation of

the bid prices is acceptable.

A provision should be made for adjustment in the

contract prices in the event channcs occur in toe

prices of the major cost constituents of the contract,

such as labour and important materials.

The specific formula for price adjustments should bo

clearly defined in the bidding documents.

A ceiling on price adjustment should be included in

contracts for the supply of goods, but it is not

usual to include such a ceilinji 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

The bidding documents should state precisely the typea

insurance to be provided by the

scccessful

bidder.

IH-2. The contract duly signed by both parties or purchase

order by the Indian importer placed on the overseas supplier

supported by order confirmation in writing by the overseas

supplier, or their pholo copies are also acceptable to the Fund,

III-3. The following statement of eligibility by the supplier

shall be added to each contract:

"I (We) hereby state that my (.our) company is an eli-

gible supplier, as

per cent (

per centj

of the shares are held by nationals of

(eligible source country), and

per cent (

) of tho directors are nationals

—

(eligible source country) and mv

(our) company has been refiistered in——

—• •-

(eligible source country)".

IV-1. Standards: If national standard to which equipment

or materials must comply are cited, the specifications ihould

state that commodities meeting Japan Industrial Standard

or other internationally accepted standards, which ensure an

equal or hifiher quality than the standards mentioned, will

also be accepted.

IV-2. Use of Brand Names: Specifications ehoukl be based

on performance capability and should only prescribe brand

names, catalogue numbers, or products of specific manufac-

turer if specific spare parts^{a r}e required or it has been deter-

mined that a degree of standardization is necessary to main-

tain ertain essential

fications should permit offers of alternative commodities which

have similar characteristics and provide performance and

quality at least equal to those specified.

IV-3. Guarantees,

Performance Bonds and

Retention

Money: Bidding documents for civil works should require

some fcrm of surety to guarantee that the work will be

continued until It Is completed. This surety can be provided

either by a bank guarantee or by a performance bond, the

amount of which will vary with the type and magnitude

of tho viork, hut should bo sufficient to protect the borrower

in case of default by tho contractor. Its life should extend

sufficiency 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 documents.

In contracts for the supply of poods it is usually preferable

to have a percentage of the total payment held ns retention

money 11 guarantee performance than to have a bank guaran-

tee or bond.

The percentage of the total payment to be

hd'1 as retention money and the renditions for its uHmatr

npyment should be stipulated in the bidding documents. If

howrvfr, a bank jruarantee or bond b preferred It should be

for a nominal amount,

V Liouirlaied Dnroaffe : Liquidated damage clause, should

be fur-Turfed In bidding documents -when delays In completion

or drlfverv will result In extrn co<<*, lo-;s of revenues or lesi

of other benefits to the borrower. Provision may also be

' made for a bonus to be paid to contractors for crnpletion

of civil works contracts at or ahead of limes spetified in

the contract when such, earlier completion would bo of benefit

to the borrower.

cluding in the bidding documents should contain clauses,

when appropriate, stipulating that a failuie on the part

of the parties to perform their obligations under the Con-

tract shall not be considered a default under the Contract

if such failure in the result of an event of force majeure

(to be defined in the conditions of the Contract).

VII. Settlement of Disputes: Provision dealing with the

settlement of disputes should be included in the conditions

of the Contract. It is desirable that the provisions should

be based on "Rules of Conciliation and Aibitiation" whkh

have been prepared bv the International Chamber of Com-

merce or on such other arrangements as nitty be mutually

acceptable to the Indian Importer and the overseas supplier.

VIII. Language Interpretation • Bidding documents should

be prepared in English. If other language should be used in

the bidding documents, English should be added

to such

documents and it is required to specify which is governing,

'* IX. Bid Opening, Evaluation and Award of Contract:

IX-1. Time Interval between Invitation and Submission of

Bids : The time allowed for preparation of bids will depend

to a. large extent upon the magnitude and complexity of the

contiact. Geneially not less than 30 days should be allowed

for international bidding. The time allowed, however, should

be governed by the circumstances relating to each contract.

IX-2. Bid Opening Procedures : The date, hour and place

for the 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 stipulated time. Bids received after

this time should be returned unopened. The name of the

bidder arid the total amount of each bid and of any alter-

native bids, if they have been requested or permitted, should

bo read aloud and recorded.

Dt-3. Clarifications or Alternation of Bids: No

bidder

should be permitted to alter his bid after the bids hive been

opened. Only clarifications not changing

the «ubf>lancc of

the bid may be accepted. The importer may ask any bidder

for a clarification of his bid but should not ask any bidder

to change the substance or the price of his bid,

IX-4. Procedures to be confidential: Except as may te

required by law, no information relating to the examinaticn,

clarification and evaluation of bids and recommendations

concerning award should be communicated after the public

opening of bids to any persons not officially concerned with

these procedures until the award of a contract to the success-

ful bidder is announced.

IX-5. Examination of Bids : Follwing 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 documents, whither 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 inadmissible reservations, or is not otherwise subs-

tantially responsive to the bidding documents, it hould he

rejected.

A technical analysis should then be made to eva-

luate each responsive bid and to enable bids to be compared.

IX-6. Post-qualification of bidders: In the absence of pre-

qualiflcatjons, the borrower should determine whether the

bidder whose bid

has been evaluated the

lowest

has the

capability • and financial resources' effectively

to carry out

the contract concerned.

If the bidder

does not meet that

test, his bid should be rejected.

IX-7. Evaluation and Comparison of Bids : Bid evaluation

must be consistent with the terms and conditions set foith

in the bidding documents. In addition to the bid price,

adjusted to correct arithmetical errors, other far»nr«t such

ti the time of completion of construction or the efficiency

and compatibility of the equipment, the availability of service

and spare parts, and the reliability of construction methods

proposed should be taken into consideration. To the extent

piacticable these factors should be expressed in monetary

terms according to criteria specirkd in the biadinn documtn.s.

The amount oi escalation^f^r pike adjusimtnis, if any, inclLd-

ed in the bids should not be taken into consideration.

The currency or currencies in which the price oileied in

each bid would be paid by the bonower il that bid were

accepted should

be valued

in terms of a single currency

selected Ly the borrower for comparison of till bids and

staled in the bidding documents. The rates of cxi-hanae to

be used in such valuation should be thi selling latcs published

by an official souice, and applicable to similar transactions

on the day bids are opened unless there should be a change

In the value of currencies btfoic 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,

1X-8. Rejection of Bids : Bidding documents usually pro-

vide that borrowers may reject all bids. However, nil bids

should not be rejected and new bid¹) invited on the same

specifications solely for the purpose of obtaining lower piices

in the new bids, except in cases where ths lowest e�lubi.i.d

bid exceeJ;, ' c

*s estimates by a substantial amount.

Rejection of all bids may also be justified when (a) bids tire

not responsive to the intent of tha bidding documents, or

(b), there is a lack of compcti'.on. If all bids are rejected,

the borrower should ievicw the cause or causes justifying

the rejection and either consider levision of the specifications

or modification in the project (or amounts of work on items

called for in the original invitation to bids), or bifh. In

special circumstances, after consultation with the Fund, the

borrower may negotiate with one or two of the lowest bid-

ders to try to obtain a satisfactory contract.

IX-9. Award of Conract:- The Aw~rd of a contract should

be made to the bidder whose bid has been determined to be

fho lowest evaluated bid and who meets

the apiromiata

standards of capability and financial icsources. Such bidder

should not be required, as a condition of award, to under-

take responsibilities on commodities not stipulated in the

specifications or to modify his bid.

ANNEXURE III

Request lor .usiiw ^f tho Letter of Aulhoiity

No,

Date :

The Controller of Aid Accounts & Audit.

Ministiy of Finance,

Department of Economic Affairs,

U.C.O. Bank Building, l3t Floor.

Parliament Street,

New Delhi-110001.

Sub: Import of

from

lapan under the Yen Credit No.——~——- (Project

Aid)

Sir,

In connection with the import of

fiom

under the above mentioned Yen Credit

No.

(Project Aid) we furnish Ihe follow-

ing particulars to enable you to iwue the Letter of Au'hority

to the

{nanw 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 cf the impoit licence end

date upto which it is valid.

purchase or Formal Open International Tendering

In which cftse it should be indicated whether th?

contract has been awarded on the bnsis of te hrii-

cally 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

lonrce countries, if any.

2 0

T H E^{GAZETTE OF INDIA : EXTRA ORDINARY}

[PART 1 - S E C 1J

(g) Oioss K)» value of comiuct (m "Y*ⁿ⁾

in) Mnoiint or Indian "gents commission (in > enj, it

any

(it Net F-OB value (m \en) loi

which the Lctlei ol

Withoiliy i* requued.

U) Nuuibei and dale <•» it'e conU.i-t v.ith oveiseu* »up-

pliers

Hi Nume and Addict ot thj oveiseis supplier:

(i) Nationality.

tn) PerceDtujie of the bhuies held b> nationals ot

the eligible kOiircc countries.

(in) Nationality ot the ieptev:nUti\e and/oi Piesidenl

of the supplier.

dv) Percentage ol Diiectors who .11 e nationuls ot eligi-

ble source countries.

(I) Payment terms and probable dale? on which pay-

ments under the contract will fall due.

(m) I \pecled dale o1 completion of deliveries.

(n) Documents to be pi evented at the time of payment

to Bank of India, Tokyo (indicating No. of sets ol

each and their disnoial).

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

part-shipment pennitied or not peimittcd)

(p) Name and addieM of the impoitei's bant in India.

(qj Whethei .1 eontr.Rtls) under the same licence has

been placed and noulied to the Japanese auihoriiiet,

anil if so, the No,, date and value of each sm.h

i ontract and the reference of the Ministiy ol Hntmce

undei whii-h it has been notified to the O F . C h

ANNhXURh IV

(Lc^lci of Autlmiiy jonn)

No. r.

Government ol India

Minisliy of l-mance

(Department of hconomic AlTamJ

New Delhi. Ihe

l<>

1 he Hank of Lndiu,

Tokyo Brunch,

rok}o (Japan)

Sublet:—Impott

undei Yen Credit I Pi eject

Aid)-Loan

Agreement No.

— h » u c of Letter of

Anthontv 101 openinji Letter of Credit

Dem Sirs.

In accoidance vwih the tetms and conditions ot the ajjiee-

menl daled 25-3-1980 entered into vvith your Bank, you are

heieby authorised 10 open irrevocable Letlei of Credit lor

:iii amount not exceeding Yen

•—

— — — —

Favouring MA

•

— — M uei attached

details.

A copy each of the letter ot credit opened by voui Hunk

"My be endorsed to the importers Dank, to (he

OECF

I nibassy of Tndia, Tokyo and to us.

Payments to the supplier in leims ot the letter of credit

will he made initially out ot your own funds.

Alter pzy-

ments, \ou mutt clmni immediately reimbursemcnl'i of the

•imounts paid bj niiiiishinj; necessary documents to

the

Hoi the time lag bet" ecn the date, of pnyment by >oi>

10 Ihe supplier and the date of Us icimburscment by the

OECF. you will be paid /nteicsts aj pel term-i of the abo\e

agieement by the Embassy of India, Tokyo. Tru olher baiik-

infi charaen including ihote on accouut of opening mainte-

n.mte and lor the orieration of the-Letter of Credit HI

also those connected with handling negotiating documents and

charge; of oversea* supplies banUis if any, aic to be borne

by the overseas »ur»ph<MS and hence not payable by the

importer and rrmy therefore be recovered from the lUpphen

directly AN «uch no reimbunemcrt of such charge* is to

lie claimed trom Ihe OECT.

\% and when an> payment )* made by you wnd rcimbume-

ment is. made to lou. un advice in Ihe piescribed form

-should be sent to this Ministry.

This Letter of Authority i> inxnded to. opcnmi 01 L/C

lavounng the oveiseaa supplier. Subsequert amendment! to

L/C or furthci fresh L/Cs agHinst this authorisation may

uot be acted upon in the absence 01 u upecific authority from

this Ministry

Ihi*. letter of Authority will remain valid upto —' — .

Yours faithfully,

Accounts Officer.

Copy forwaided to •—-

I. Importer

—--

——with leletence to iheir

2 Impoiters' Banket

—

— —

—. I hey are

requested to arrange to deposit the rupee equivalent of the

Ven payment to the overseas suppliers on receipt ot dotu-

ments trom the Bunk of India, Tokyo Branch. The tupec

equivalent of amounts Jisburfecl to the suppliers will have

to bo calculated by applying the composite iate oi conversion

us prevailing on the dato ot payment to overseas suppliers in

accordance wilh the Public Notice No. 8-irC(PN)/76 dated

17-1-1976 or such other l'ublic NJUCCS as may be issued

fiom time to time. It should be ensured thai, these deposits

ate made befote the original set cf import documents are

handed over ro the importer for Custom? cleaiancc

These amounts should be deposited cuhei v.ith. the RBJ,

Nev> Delhi or the S.B.I., T13 Hazari, Delhi, fn this toi.nec-

tion their attention is also invited to the provijions of the

Public Notices No. 181-FTC(PN)/68 dated 30-8-68, 233-

HC(PN)/68 dated

24 IO-1%S,

132-ITC(PN)/71

dtited

s-10-1371, No. 74JrC(I»Vj/74 dtited 31-5-1974 aud

No.

]«.3-irC(PNO/76 dated 12-10-1976. The head

ot Accounts

tx> be ci edited

11 'K-LXpQMtj A Advances—843—Civil De-

posits—Deposits for purchases etc., abroad

under Purchase

under Ciedit/Loan Agreements— Loans from the Government

ot Japan^6.0 billion Yen Credit (1'ioiect Aid) No IDP-P.

19 for 1979-80,

One copy of ;he chalhn in oiiguwl, in cases vvherc th»

rupee equivalents are credited in cash at the RBI, New Delhi,

or the SBl, Tis Hazaji, DeJhf »s presciibed in Public Notice

l32-rrca>N)/71 dated 5-10-1971, should be sent by

them lo the address jiven below alonewith a forwarding

lettet jivinj full details ol the advice notes leccived froni

the Bank of India, Tokyo Bianch

The Controller ot Aid Accounts &, Audit, Ministry

of I inancc (Depaitment of Economo Affairs), 1st

Moor, UCu Uank. Buildinjf, l'ailiament btreei New

Delhi-1.

In cases wheie the rupee equivalents aic remitted by menns

"H^^

r i f u. ** IlilJ l1owi? 1J1 tfi.° Public; Notice dated

24-10-1968 montioned abovo, intimations thereof should be

sent to the address erven above. ln all cases, full particulars

of the rupee equivalents deposited should be furnished to this

Derailment.

The bankinu charges, interest and other charues of the

Hunk ot India, 7oky0 Branch (includine charee, of the over-

sea, *i,pP;,cn bankets), ,f .my, should be settled by payma

^ ^{e i l}, / ^u^ ^{e e} «l"^1VHl«nts to the- Principal Accounts Officer in

the Ministiy of External Affairs, New Delhi Fo> this purpose

appropriate advices will be sent by this Department on recVint

of relevant information from the Bank of India Tokyo/

tmbdwy of India in Japnn.

3. The Director, Lojn Department-IT. Overseas r'conomic

\<sra^TA^'&^a,t. Kf • * • ' • ^{o h i 5}

4 Embassy of India, Tokvo.

*i. The Under Secittaw, Japan Section, Ministry of Finance

Derailment of Economic Affaiis, N^v Delhi

^ccuunK Oflloci.

ANNEXURE V

Form OECF-LC I

Irrevocable Letter of Credit

(Applicable for goods)

Date

This, Letter of Credit has been iisuetl

pursuant to Loan Agreement No.

dated

(Name «md addrc-s of the Supplier)

between (Borrower) and THE

OVERSEAS ECONOMIC COOPE.

Dor Sir-.,

RATION FUND

We advise you that we have opened our irrevocable credit No,

— — — —

in your favour for account of

— „

—for a sum or sums not e\ce*llng an aggregate amount of

— — ~ —

(Sty

yen

) available by your drafts at sight for full invoice value drawn on us, to be accompanied by the following

documents :

Signed commercial invoice in

Hill s«t of clear o 1 board ocean bills of lading made out to order and blank endorsed and marked ''Freight" and "Notify"