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REGISTERED No D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 201] NEW DELHI, FRIDAY, DECEMBER 10, 1982/AGRAHAYAN 19, 1904

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

compilation

1069 GI/82

(1)

$

$

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

Public Notice No. 57-ITC(PN)|82

New Delhi, the 10th December 1982

Subject : Licensing conditions for import of Audio-Visual and Photographic equip- ment and services necessary for the transportation of the equipment to Ports in India from, Japan under Japanese Grant Aid for 1982-83 of Yen 46 Million (Yen 46,000,000).

File No. IPC[23|(3ri)l82.—The terms and conditions governing the issue of import licence for import of Audio-Visual and Photographic equipment and services necessary for the transpor- tation of the equipment to Ports in India from Japan under Japanese Grant Aid for 1982-83 of Yen 46 Million (Yen 46,000,000) as given in Appendix to this Public Notice are notified for information.

MANI NARAYANSWAMI, Chief Controller of Import & Exports

APPENDIX

Licensing Conditions for import of Audio- Visual and Photographic equipment and services necessary for the transportation of the equipment to ports in India from Japan under Japanese Grant Aid for 1982-83 of Yen 46 Million (Yen 46,000, 000)

Section I General Conditions

I (i) The Japanese Grant Aid for 1982-83 of Yen 46 million (C&F) is intended to be used for financing payments to Japanese Suppliers for im- port of audio visual and photographic equipment and services necessary for the transportation thereof to ports in India, by the Centre for Cul- tural Resources and Training, New Delhi.

I (ii) The import licence should be issued for an aggregate amount not exceeding Yen 48 Million (CIF) in favour of the importer, and should bear the superscription "Yen 46 Million Japanese Grant Aid for 1982-83". The licence code for the first and second suffix will be ,\ "S|JN".

I (iii) No remittance of foreigu exchange will be permitted against the import licence, except bank charges to the Bank of India, Tokyo which may be remitted through normal banking chan- nels. Payment towards Indian Agent's Com- mission, if any, should be made in Indian rupees *o the agents in India. Such payments, however, wt form part of the licence value and will,

therefore, be charged to the licence.

I (iv) The equipment should be*procured only

from Japan under tiiis Grant Aid.

i (v) The import licence will be issued on

CIF basis with vaiiJi.y upto 31-3-19S3. '

I (vi) The contract should provide lor pay- ment on cash basis i.e. on presentation of snip- ping documents by tns Japanese ^suppliers to the Bank of ladlo, Tokyo. It should also provide i'or the period o~ deliver/ as follows :—

"delivery to be completed by 15-3-1983".

1 (vii) The contract value ?C&F basis only) should be expressed in Yen (traction of Yen should be omitted) and should exclude Indian Agent's C'onmussion, if any. /n no circumstances the contract valus should bs expressed in any other currency. The FOB cost and freight amount should be shown separately but it should be clari- fied in the contract itself whether the freight will be payable oa actual bjsis or whether the freight charges indicated therein would bs the amouat payable irrespective of the actual charges,

I (viii) The purchase contract should bs en- tered into only with the Japanese nationals or Japanese juridical persons contioiled by Japanese nationals.

Section II The following provijion should be specifically incorporated in the supply - con- tract :—

II (i) The contract is arranged in accordance with the Agreement dated the 28th August, 19S2 between the Governments o( India and Japan con- cerning the Gram Aid of Yen 46 million for 19&2-83 and will be subject to the approval of both the Governments.

II (ii) Payments to the suppliers shall be made through an 'Authorization to fay (A)P) which will bo issued by the Controller ox Aid Accounts & Audit, Ministry of Finance, Department of Eco- nomic Airairs, UCO Bnnk Luiidin", Parliament Street, New DelhM 10001 m favour of the Bank of Indi;?, Tokyo

II (ii) The Japanese supplier r.gi\e to furnish such information and dojui'irjite as may be -required by the Government of Lidia on the one hand and the Govemme'u of Japan on the other.

n (iv) The Japanese supplier ayicc to make shipping arrangements in consultation with the Embassy of India, Tokyo and that for this purpose he would k^ep the Embaisv of India? Tokyo informed of the delivery schedule of the gqods involved and notify the Embassy of India, at least six weeks in advance of the shipping re- quired so thai LuiisbV iura':fs;rocut!. should bs made. In exceptional cases, wiwre tlie importer require it>—this period nf notice mav be reduced.' The Japanese supplier shoul'd nhn qgree to send a cable advics to the importer after each shipment giving the necessary details and a copy thereof should be sent to the Embassy of India, Tokyo.

Section III Contract Approval by Governments

of India and Japan :—

III f J As soon as the orders are finalised, the iripuxtjr should torwaru to tne under Secretary {1 A), Department of Economic Affaiis, Ministry of Finance, North Block, New Delhi 4 copies of the contract duly signed by both parties or pur- chase c:\isrs by the Indian importer placed on the Japanese supplier supported by order confirmation in wiitbig by the Japanese supplier or their photo copies coM]iltte in all respects together with two copies of the "Request for issue of A|P" in' the form at annex.-I. The above procedure will also apply to all contract amendments causing essential modifications to the contents of contracts or in its price.

ill (ii) The Ministry of Finance (DEA) Japan Section will arrange to send one copy of the contract to the Government of Japan for their approval tor financing under the Japanese Grant Aid for 1982-83 of Yen 46 million, and one set of ihs documents mentioned in (i) above will ateo be sent to the CAA&A and the Embassy of India in Tokyo simultaneously.

lii (iii) On receipt of the contract approval ^roni the Government of Japan, the Japan Section OA the Department of Economic Affairs, Ministry oi Finance, North Block will inform the Con- trolbr of Aid Accounts'& Audit, Department of Economic Affairs, Ministry of Finance, UCO Bans Bulding, Parliament Street, New Delhi- 110001 of the same who will issue an •Authori- sation to Pay¹ (A|P) to the Bank of India, Tokyo m the lorm at Annex ure II tor making payment to the Japanese supplier. Copies of the A|P will bs cation? 1 to the tmba&sy of India, Tokyo, the Lj\,ji^r, hupoiter's Bank in India and Japan Section, Department ol Economic Affairs, Minis- try oi Knance.

lit (Iv) On receipt of the Authorisation to PiT' ( A /) the Ban\ of India, Tokyo will inti- mate the >acl oi tiiis receipt to the Japanese sup- plier undrtr intimation to the Government of Japan, Embassy of India, Tokyo, the importer's Bank in India and the CAA&A.

Ill (v) The Japanese supplier shall, after effecting shipment present through his bankers the documents specified in the AJP to the J&OI, ToVyo. If the documents are found to be in order, the Bank of India, Tokyo will release the amount specified in the documents to the Japanese sup- plier through this bankers.

m (vi) .Banking charges payable to the Bank ot India, Tokyo for arranging the payment to the

Japanese supplier shall be settled bv the con- cerned impuuer's bank in India by lemiUoaces to the BO1, Tokyo through normal banking channel without affecting the Government of India's account.

Section IV Responsibility for rupee deposit :—

7i

m.ans of a f't^mand dra^t obtained from any biidci oi the Stare Eiuk vt [ndia or its subsidia- .i'Jb or pny one of tho Nationalised Banks (lA.wer) drawn on and made payable to the Siate dank of India, Tis Hazari Branch, Delhi-6 fi'ravsc a>id Payee) for credit to Government r^cuuit as ccjuc^platrl in Public Notices No. 184-ITC (PN)|68 da^ed 30-8-1968, No. 233- KC (UN)|68 dated 2-1-10-1958 and No. 132-ITC (PN)|71 dntel S l C M ^ / i, No. 74-ITC (PN)|76 riiKd 31-5-1974 and No. 103-ITC (PN)]76 dat:d 12-10-76,

ba f if • " o s i f p ' -i i '1 r ,^ to t h f" c - p ^ ' -t of f h- G ' I V— • >.

New Delhi is informed immediately thereafter.

IV (iv) The concerned bank in India should also endorse the amount of rupee deposits on the exchange control copy of the licence and send the requisite "S" Form to the Reserve Bank of India, Bombay.

Section V : Miscellaneous provisions :—

V (i) Reports on the utilisation of the Grant Aid .—The importer should send a monthly re- port after the A|P has been issued regarding shipments and payments made thereagainst and about the balance left, to the Controller of Aid Accounts & Audit, Department of Economic Affairs, Ministry of Finance, UCO Bank Build- ing, Parliament Street, New Delhi.

V (ii) The importer should apprise the sup- plier of any special provisions in the import of goods under this Grant Aid which may affect the suppliers in carrying out the transaction.

V (iii) Disputes .—It should be understood that the Government of India will not undertake any responsibility for dispute, if any, that may arise between the importer and the suppliers. The conditions to be fulfilled by the supplier be- fore payment by the Bank of India, Tokyo must be clearly spelt out by the importer in Annexure- I under "Terms of Payment". Provision dealing with a settlement of disputes be included in the condition of contract.

V (iv) Future Instructions .—The importer shall promptly comply with any directions, in- structions or orders issued by the Government of India from time to time regarding any and all matters arising from or pertaining to the im- ports and for meeting all obligations under the Grant Aid for 1982-83 from Japan.

V (v) Breach or violation :—Any breach or violation of conditions set forth in the above clauses will result in appropriate action under the Imports and Exports (Control) Act.

V (vi) List of Annexures :—

Annexure I :—Request for issue of A!P

Annexure II :—Form of A|P

"REQUEST FOR ISSUE OF THE AUTHORI- SATION TO PAY"

No.

To

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

Subject :—Import of audio-visual and photographic equipment and services neceiisary for the transportation of the equipment to ports in India from Japan under the Japanese Grant aid (of Yen 46 million for 1982-83.

Sir,

In connection with the import of above men- tioned equipment from Japan under the above mentioned Grant Aid, we furnish the following particulars to enable you to issue the AjP to the Bank of India, Tokyo in favour of the Japanese Supplier concerned :—

(a) Name and address of Indian importer.

(b) Number, date and value of the im- port licence and date upto which it is

• valid.

(c) Method of procurement whether it is based on direct purchase or limited open tendering 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) Gross C&F value of contract (in Yen)

(g) Amount of Indian agents commission (in Yen), if any, payable in Indian rupees.

(h) Net C&F Value (in Yen) for which

the A|P is required.

(i) Name and date of the contract with

Japanese Suppliers.

(j) Name and Address of the Japanese

Supplier.

(k) Payment terms and probable dates on which payments under the contract will fall due.

(1) Expected date of completion of deli-

veries.

(m) Documents to be presented at the time of payment to Bank of India, Tokyo (indicating No. of sets of each and their disposal).

(n) Shipment instructions (indicate if transhipment | partshipment permitted or not permitted).

(o) Name and Address of the Importer's

bank in India.

Yours, faithfully,

No. F.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(.Department of Economic Affairs)

New Delhi, the

To

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

Subject :—-Import of audio-visual and photographic equipment and services necessary for the transportation of the equipment to ports in India from Japan under Japanese Grant Aid of Yen 46 million for 1982-83. Issue of Authori- sation to pay.

Dear Sirs,

In accordance with the terms and conditions of the agreement dated entered into with your Bank, you are hereby authorised to pay an amount not exceidim; Yen to M|s as per details given in the appendix.

2. Please advise the Supplier of the fact of receipt of this Authorisation to Pay (AJP) and endorse a copy of this advice to the Government of Japan, Importers Bank Embassy of India, Tokyo and this Ministry.

3. Payments to the suppliers in terms of the A|P will be made on the basis of shipping documents as indicated in the Appendix.

4. Banking charges including charges for hand- ling documents and charges of Overseas Supplier's Bankers, if any, payable to you by the importer, will be settled directly by the importer's bank.

5. As and when any payment is made by you on the basis of shipping documents presented by the Japanese supplier, an advice in the pres- cribed form should be set lo this Ministry and the importer's bank.

6. No amendment to this A[P may be ad- vised in the absence of a specific authority from this Ministry.

7. This A|P will remain valid upto

Yours faithfully,

Accounts Officer.

Copy forwarded to :—

I. Importer with reference to

their letter No dated

1069GI/82—2

9

2. Importer's Banker They are requested to arrange to deposit the rupee equiva- lent of the Yen payment to the Japanese sup- pliers on receipt of documents from the Bank of India, Tokyo Branch. The rupee equivalent of amount disbursed to the suppliers will have to be calculated by applying the composite rate of conversion as prevaling on the date of pay- ment to Japanese suppliers in accordance with the Public Notice No. 8-ITC (PN)|76 dated 17-1-1976 or such other Public Notices as may be issued from time to time. Interest @ 9 per cent per annum for the first thirty days and at the rate of 15 per cent per annum for the period excess thereof reckoned for the period between the date of payment to the supplier and the date on which the rupee equivalents are deposited in- to the Government account, is required to be deposited into the Government of India account in terms of Public Notices No. 46-ITC(PN)|76 dated 16-6-1976. The interest is payable for both the days i.e. the day on which payment is made to the Japanese Supplier and also the date on which rupee deposit is made into Govern- ment account. (Any change in this rate will be intimated if and when made). It should be en- sured that these deposits are made before the original set of import documents are 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 Ha/ari, Delhi or remitted by means of a De- mand Draft obtained by them from any Branch of the S.B.I, or its subsidiaries or any one of the Nationalised Banks (Drawer) drawn on and made payable to the S.B.I., Tis Hazari, Delhi-6 (Drawee and Payee). In this connection their attention is also invited to the provisions of the Public Notices No. 233-ITC(PN)|68 dated 24-10-1968, No. 132-ITC(PN) [71 dated 5-10-197], No. 74-ITC(PN)|74 dated 31-5-74 and 103-ITC(PN)|76 dated 12-10-1976. The head of account to be credited is 'K-Deposits & Advances-843-CIVIL Deposits-Deposit for pur- chases etc. abroad Purchase under Grant Aid from Government of Japan for 1982-83 under detailed head' 46 million grant aid for purchase of the audio-visual and photographic equipment! services by the Centre for Cultural Resources and Training, New Delhi,.

One copy of the challan in original, in cases where the rupee equivalents are credited in cash at the RBI, New Delhi or the SBI, Tis Hazari, Delhi as prescribed in Public Notice No. 132- ITC(PN)[71 dated 540-1971 should be sent by them to the address given below alongwith a for- warding letter giving full details of the advice notes received from the Bank of India, Tokyo Branch.

The Controller of Aid Accounts & Audit, Ministry of Finance (Department of Economic

Affairs), 1st Floor, UCO Bank Buildjng, Parlia- ment Street, New Delhi-I.

In cases where the rupee equivalents are remitted by means of demand drafts as laid down in the Public Notice dated 24-10-1963 mentioned above, intimations thereof should be sent to the address given above. In all cases, full particulars of the rupee equivalents deposited alongwith the amount of interest paid and the period for which interest has been calculated should be furnished to this Department.

The banking charges, of the Bank of India, Tokyo Branch, including charges of the over- seas suppliers bankers, if any, should be settled directly between the Indian Bank and the Bank of India, Tokyo Branch.

4. Embassy of India, Tokyo. 5. The Under Secretary (TA) Ministry of Finance, Department of Economic Affairs, New Delhi.

Accounts, Officer

PMNTKD BY THE MANAGE*, OOVT. OF INDIA PRESS, KINO ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 82