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

The Gazette of India

EXTRAORDINARY

PART I—SECTION 1

PUBLISHED BY AUTHORITY

No. 561 N EW D E L H I, FRIDAY, A P R IL 15, 1983/CHAITRA 25, 1905

SeparatepagingisgiventothisPartinorderthatitmaybefiledasa separate compilation.

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CHAPTER 1

INTRODUCTION

Orijta

1. inipori liadc Control was introduced in India as a war time measure in the early period ol the Second World War. A notification regarding this was issued on May 20, 1940, in exercise ol the powers conferred under the Defence of India Rules. The primary objective of this notification was to con- serve foreign exchange resources and to restrict phy- sical imports so as to reduce the pressure on the limited available shipping space. Under the initial order the import ol only 68 commodities, mainly consumer goods, were brought under control. Subsequently, as toreign exchange resources came under pressure, im- port control was extended to other commodities as well. On December 31, 1940, unmanufactured and semi-manufactured steel were brought under control. On February 15, 1941, the import of machine tools was controlled. On August 23, 1941, many other commodities particularly capital goods and other in- dustrial requirements were brought within the purview of import control. 1 his process of increasing the coverage under the import control continued. In Jan- uary, iy42, some mure items were brought under its purview, hinally, on July 1, 1943, a consolidated notification was issued covering all the controlled items, except machine tools.

Development of the legislation

2. After the end of the war, the Defence of India Rules lapsed and hence in September, 1946, the Emergency Provisions (Continuance) Ordinance 1946, was promulgated to continue to Import Trade Control provisions. This was ultimately replaced by the Imports and Exports (Control) Act, 1947 (18 of 1947) which came into force with effect from 25tb March, 1947, Initially for a period of three years. Thereafter the validity of this Act was extended for two successive terms of five years each, one term of six years and a further term of five years upto March 31, 1971. Thereafter this Act was extended for an mdifinite period. Several notifications had from time to time, been issued under this Act. These were replaced by a consolidated Order called the Imports (Control) Order No. 17/55, dated December 7, 1955. This Order, ab amended from time to time, continues to be in force. On November 4, 1975, the Imports &.- Export (Control) Amendment Ordinance, 1975 (No. 19 of 1975) was promulgated with a view to making provisions for stringent action for misuse of import facilities. The Ordinance was later replaced by the Imports & Exports (Control) Amendment Act, 1976, as passed by Parliament. The Imports and Exports (Control) Act, 1947, and the Imports (Control) Order, 1955, as amended upto 15th April, 1983 are reproduced in Appendices 1 and 2 to this book- 3. The Export (Control) Order 1977 is repro-

duced m Appendix 2.

Items under control

4. At present, Import Control coven practically all articles and these are included in Schedule 1 to the Imports (Control) Order, 1955. The import of such items is prohibited except under and in accordance with a licence or a customs clearance permit issued under the said Order or an Open General Licence issued by the Central Government, or if they are covered by any of the savings mentioned in Clause 11 of the aforesaid Order. Import of gold, silver, cur- rency notes, bank notes and coins is controlled by the Reserve Bunk of India, under the Foreign Ex- change, Regulations Act.

Export Control

5(1) Export Control covers only the items includ- ed in the Scheduled J to the Exports (Control) Order, 1977. The exports of goods.

(a) not included in the said Schedule; or

(b) falling within the purview of Clause- 15 of the Exports (Control) Order, 1977; or (c) covered by an Open General Licence in- cluded in the Import k Export Policy, 1983-84.

(2) Export of Gold, Currency Notes, Bank notes and Coins is controlled by the Reserve Bank of India under the Foreign Exchange Regulations Act.

Import/Export Policy

6(1) The Import/Export Policy is announced, for each financial year, by means of Public Notices in the Gazette of India Extraordinary. The Import- Export Policy for 1983-84 has been issued in two Volumes. Vol. I contains the policy for Imports & Ex- ports Promotion, and Volume U contains the policy in respect of items subject to export licensing. These arc periced publications and are available for sale with the regional licensing authorities, the Manager of Publications, Delhi and other authorised dealers in

..Government publications.

(2) Changes/amendments in the Import or Export Policy that become necessary from time to time are separately notified by means of Public Notices; the provisions of the above Policy Book are subject to such amendments/changes as and when notified.

(3) Instructions and guidelines contained in this Book are applicable subject to such amendments/ changes as may be made from time to tinle.

(4) The Chief Controller of imports and Exports may, by issuing a Public Notice, evolve any special procedure for the issue of Import/Export licences in respect of any licensing period or commodity or any category of importers/exporters- In such cases the prescribed procedure for submission of applications and their processing, will be applicable only to the extent laid down in such Public Notice.

Import/Export Licences without prejudice to other Laws

7. An Import or Export licence is issued without prejudice to the operation of other laws to which the goods of the applicant/licencc-holder may be subject, fhis applies also to goods allowed for import/export on Open General Licences. It is expected of every person concerned that he has complied and continues to comply with all other laws applicable to his case at all times- Countries of Import/Export

8. Unless otherwise provided therein, Licences for import and export, including Open General Licences, will be valied for import or export, from and to any country in the world except South Africa & South West Africa.

CHAPTER II

GliNERAL LICENSING PROCEDURE

9. This chapter deals with import licensing proce- dure. The export procedure is given in a separate chapter. The instructions contained in this Book will be subject to the provisions of the relevant import/ export policy.

Importers' Code Numbers

10. The system of allotment of Code Numbers to importers has been in force since 1st July, 1982 Every person (whether an individual or firm or Com- pany etc.) importing goods into India will require Code Number, unless specifically exempted by the Chief Controller of Imports k Exports, The Custonus authorities will not allow any person to import goods into India unless such person holds a valid Importer Code Number. Therefore, importers are advised to take early steps to obtain the required Code Number. Code Numbers will be allotted by the regional import trade control licensing authorities concerned. The procedure for obtaining Code Numbers is given in this book.

Categories of Importers

11. (1) For the purpose of licensing the importers

are divided into the following broad categories :--

(i) Actual Users.

(a) Industrial

(b) Non-Industrial

(ii) Registered F.xporters i.e. those who impon under the import policy for registered exporters.

(iii) Others.

(2) Applications for licences are considered in

terms of the relevant policy in force.

Application Form

12- (1) Applications for licences are required to

be made on prescribed forms.

(2) The prescribed forms of application are given In Appendix 11- Forms meant for registered exporters are given in Appendix 10.

(3) Application forms can be obtained from licens- ing offices and authorised dealers in Government publi- cations. Tf the forms are not readily uvniliible, the applicants can use their own typed, cyclostyled or printed copies of the prescribed forms.

(4) An applicant should submit one or more copies of the application, as required, under the rules or as indicated in the prescdibed application form.

Persons Authorised to sign Application

13. Every application fot an import licence or other

document or form under the Imports and Export* (Control) Act or the Imports (Control) Order, 1955 should bo signed by the applicant himself or by a person duly/legally authorised by the applicant to do so. The position or nature ol such legal authority held by the person signing the application/document/ form should be clearly given therein, along with tno official stamp of his connected status. Otherwise such application/ document/form will receive no considexar tion by the licensing authority. These requirement* apply equally to applications made to canalising agen- cies for direct allotment of any canalised item.

> Application Fees

14. (1) I"he scale of fees payable for different types of import applications, including those for Cu*- loms Clearance Permits, is given in the Schedule HI to th© Imports (Control) Order, 1955 vide—Appen- dix 2. Every application form should be accompani- ed by a valid Bank Receipt/Demand Draft evidencing the payment of the prescribed fee. If the applicant is exempt from such payment of fee under Imports (Control) Order, 1955 this should be clearly brought out in the application itself.

(2) The procedure for payment of fees is given in Appendix 9.

(3) No fees need be paid by an applicant seeking direct allotment of a canalised item under the policy from a canalising agency.

(4) The procedure to be followed for claiming refund of application fee once deposited is given in Appendix 9.

Last date of Application

15. (1) The last dates for submission of applica- tions by specified categories of applicants, have been given in the Import-Export Policy, 1983-84. Whew no such date has been set down, application can be made any time upto 29th February, 1984.

(2) If the last date prescribed happens to be * public holiday or, for reasons beyond the applicant's control, the application cannot reach the licensing authority/office on or before the said last date, the applications received on the following working day may be treated as received on the prescribed last date.

(3) Where an application is required to be routed through ii sponsoring authority, it should be made to

u well tu advyuce ot me WOT date proaaiDeo. i.hai authority will record, in the recommendation sent to the licensing authority, the date on which the applica- tion was in fact received by it. It is expected of all the sponsoring authories that every such application is sent to the concerned licensing authority, so as to reach it on or before the prescribed last date.

16. (1) There will be no last date, within the licensing period, for submission ot applications by individuals for impon ot goods foi their personal use.

(2) There will also be no last date, within the licensing period, for submission of applications for the grant of Advance/Imprest licences undei the import policy foi Registered Exporters.

Income-tax verification

(5; Where a single umt manufactures more than one end-pioduci, the applications should be made end-productwiie. For related end products, however, a single application can be made.

Deficient Applications

19. Impon applications which are not (i) in the prescribed form, (ii) accompanied by Bank Receipt/ Demand Dratt for the requisite application fee; (iii) accompanied by the necessary documents; (iv) accom- panied by necessary documents setting out the autho- rity of the person signing it; (v) received after the last dale prescribed in the Policy or (vi) accompanied by properly executed Income-tax Declaration are liable to be rejected. Applicants are expected to com- plete all columns in the application form truly and properly. 1 hey may take the help ol the Counter Assistance System to make sure that all these require- ments are met.

Currency Areas

17(1) Every application lor an import licence shah be accompanied by a declaration (in duplicate) regard- ing the filing of the Income fax Returns and payment ot taxes due by the applicant, m the conns given hi Appendix 11. Attention is particularly drawn to the fact that the declaration is in two parts, (A) and (B) and the applicant should ensure that the part not ap- plicable Lo him us clearly struck off-

(2) AH Public Sector Undertakings (Central or State) will be exempt from filling the Income Tax declaration referred to in sub-para (1)

20. Import licences of the following two types are

issued : —

(i) "General Currency Area Licences" which arc valid for import from all countries except those from which import is prohibited; and

(ii) "Specific licences" which are valid for import from specified country or coimtries-

LJcenslng Period

(3) Applicant¹- in ihc private sector who have been exempted from production of Income Tax Verification Certificates under the Pilot Scheme introduced by the Ministry of Finance, will als~> not be required to file the Income 1 ax declaration referred to in sub-para (1) above,

Mcenslng Authorities

21. (1) Import and Export PoJicy is announced for each financial year—April to March, which is com- monly known as the "Licensing Period."

(2) Import-Export Policy Book as well a& the Hand Book of Import- Export Procedures are priced publications. These are available for sale through the authorised dealers in Government Publications.

Classification of Items

18. (1) The designation, areas of jurisdiction and address ol thi licensing authorities are given hi Appen- dix 8. Applications should be submitted to these authorities, depending upon the location of the appli- cant.

(2) Registered Exporters should also apply for import replenishment licences to the respective licens- ing authorities mentioned in Appendix 8.

(3) Actual user should apply to the licensing authority under whose jurisdiction the factory of the applicant is located, unless otherwise provided.

(4) Actual Users (Industrial) have the option to submit consolidated applications covering requirements of all their factories located at more than one place. In such cases the requirement of each unit should be separately given in a list appended to the consolidated application, together with separate consumption certifi- cates, for each. On the basis of the consolidated application made to the liccming authority within whose jurisdiction the Registered/Head office is situated, separate licences will be issued, in terms of the policy, to each unit lor the value/items admissible to U.

22- (1) The Schedule I to the Imports (Control) Order, 1955, reproduced in Appendix 2 to this Book, commonly known as the l.T.C. Schedule, contains the classification of all the articles that enter into the im- port trade.

(2) With effect from 1st April, 1976 the Schedule 1 to the Imports (Control) Order, 1955 reproduced In Appendix 2 to this Book has been revised ir. Align- ment with (he First Schedule of the Customs Tariff Act, 1975 (51 of 1975), The Revised ITC Sche- dule contains 21 Sections sub-divided into 99 Chap- ters.

(3) There is now a complete co-relation between ITC classification and TCT cljssification. Both these are based on BTN Classification. (Brussels Trade Nomenclature).

Important Hints to Importers

23.(0 Application for licence should be nTade in

the prescribed form.

(ii) Application torrn should be tilled neatly ami accurately. No column should be left blank The words "yes" or "nu" or 'unot appliable" can bo used against the columns in the application form wherever necessary. If the applicant is not able to give answer to any particular column, he should give a positive reason for the same

(iii) The infoimation in the prescribed form should

be given faithtulty and correctly

(iv) The original Bank Receipt/Bank Draft show- ing payment of application fee on the value applied for should be attached to the application.

(v) All the required documents should be attached to the application and all the enclosures to the applica- tion should be detailed in the covering letter of the application, giving particulars of each document.

Cvil The application should be signed by an author- ised person who should give his address and the posi- tion held by him.

(vii) Postal addres of the applicant should be given

completely and neatly.

(viii) The correct and complete reference number,

if any, of the licensing authority should be quoted.

(ix) Application should be sent by post to the appropriate licensing authority or sponsoring authority concerned as provided in the procedure, or delivered at the counter in the office of th" licensing authority or the sponsoring authority, as the case may be, before the last prescribed date.

(x) The actual users borne on the registers of Director General of Technical Development should also quote in their applications the code number allotted to them by the D.G.T.D. Tf no code number has been allotted, the words "not allotted", should be written against the appropriate column at the top of the prescribed application form.

f xi) Actual user should submit a consolidated appli- cation covering the requirements of unit in respect of raw materials an dcomponents for each end-product. For related end products manufactured by the name unit, a single application can be made-

(xii) While furnishing the lists of goods sought to be imported, the applicants should ensure that the lists are prepared in a good and durable paper in order to' avoid probable in convenience at Uit time ol clearance of goods it tin- IVir.ms In the case of units borne on the books, oi the O.O.T.D., the applkauu should ensure I hat the extra copies

(xjii) On receiving an import licence, the licensee should carefully check whether the licence received by him is complete in all respects In particular the licensee should check whether :--

(a) The licence is accompanied by the list of items permitted for import, if such list has been referred to in the bod> of the licence.

(b) Each page of the list has been duly signed

bv the licensing authority

(c) Each page of the list bears the security seal

affixed by the licensing authority

(d) The changes, if any, made in the list have been duly attested by the licensing authority.

(e) Both the copies of the licence bear the secu-

rity seal affixed by the licensing authority.

(f) The conditions imposed on the licence have been duly signed by the licencing authority.

(g) The condition, if any, deleted from the licence has be-ju attested by the licensing authority.

(h) In the case of licences issued against foreign credits, the conditions applicable to the credit have been attached to the licence, tf there is a reference to such attachment in the body of thr licence; and such conditions have been duly signed by the licensing authority.

(i) Every signature of the licensing authority appearing on the licence, or on the list atta- ched to licence; or on the conditions attached to the licence, has been duly authenticated by a security ieal affixed above signature.

Tf the licensee finds that the licence is deficient in

any respect he should immediately brine the matter to the notice of the licensing authority concerned and return the licence to the Hccnsuij' authority for doing the needful.

CHAPTER III

ACTUAL USERS

24. (1) Definition.--"Acutal User (Industrial)" shall mean an industrial undertaking be it in the large scale, small scale or cottage industries sector, engaged in the manufacture of any goods for which it holdb a licence or Registration Certificate from the appropriate Government authoiity, wtiereever applicable.

(2) Actual Users (Industrial) are those who re- quire caw materials components, accessories, machinery and spare pails (or their own use in an industrial manu- facturing process,

(3) Industrial machinery held by an Actual User (Industrial) in his manufacturing uuit may be on ownership or on lease basis. In the case of machinery, held on lease, an intimation should be given by the Actual User to the sponsoring authority concerned

(4) Categories of actual users.—Broadly speaking there are throe categories of industrial actual users, viz., (i) scheduled industries borne on the registers of the Directorate General of Technical Development (ii) scheduled industries not borne on the register! of the Directorate General of Technical Development and non-scheduled industries other than small scale industries, (iii) small scale industries

Sponsoring Authorities

25 (1) A list of sponsoring authorities is given in

Appendix 7.

(2) General Managers of District Industries Cent- res have also been designated sponsoring authorities foT concerned units in the small scale and cottage sec- tori.

(3) In cases where the import applications are to be routed through the sponsoring authorities under the import policy in force, the assessment of the im- port requirements of ihe units will be made by the sponsoring authority having regard to the import policy applicable thereto.

(4) In the matter of processing of import applica- tions, the Development Commissioner (Small Scale Industries), New Delhi may give such general direc- tions to the sponsoring authorities as he considers de- sirable or necessary. He may also make a check, ex-post-facto of the recommendations for issue of licences made by the sponsoring authorities to see whether they conform to the general policy.

Scheme of Registration

26, Units which are not required to secure industrial licences or registration certificates under the Industries (Development and Regulation) Act, 1951 are advised to get themselves registered with the concerned spon- soring authorities, for the more convenient disposal of their application from time to time. Even such units as are holding a licence or registration certificate under the said Act may do BO in respect of their other requirements, if any. Relevant proforma of applica- tion tor tegistratiou is given in Appendix 15 to this Book.

27. (1) The scheme of regintration of small scale industries has been in vogue since 1960, All small scale industries, requiring imported inputs are covered by it and have to get themselves registered with the Concerned State Director of Industries.

(2) Actual Users (Non-Industrial) are not requir- ed to get themselves registered with the State Direc- tors of. Industries, for the purpose of import policy, although, in certain cases, their import applications require the recommendation of the State Director of Industry.

28. The registration number (and date thereof) allotted to the unit under the scheme should be quoted by the applicant in his application for an import licence or the allotment of a canalised item. In the absence of a valid registration number, such applica- tions will b© liable to be rejected- Every licensing authority and canalising agency L>, hereby, authorised to call for such further information as jt deems neces^ sary to satisfy itself about the validity or scope of the registration,

29. (1) The (State) Directors of Industries will send to the licensing authorities and canalising agencies concerned a copy of each of the registration certi- ficates issued to small scale units ta their jurisdiction. Intimation about their cancellation or any amendment therein should be sent by them to the licensing authori- ties and canalising agencies $imultaneous4v with the communication made by them to the small scale emits.

(2) Where an existing unit is registered for the manufacture of a new end-product (with or without additional machinery), the State Director of Industries will enter such new end-product in the existing regis- tration certificate already held by the same unit; in such cases separate registration certificate will not be issued and the unit concerned will continue to be treated as an existing unit for the purpose of import licensing.

30. Tf at the time of registration, a unit has not yet installed machinery or is not in production, the regis- tration certificate will bear the endorsement "not in production". This will be deleted by the (State) Director of Industries only after his verification that the unit has gone into production.

31, Units transferred from the list of DGTD to the Small Scale Sector should get themselves registered at the earliest with the respective State Directors of Industries and vice-versa. However, in such cases, oending registration with the DGTD or the State Director of Industries, as the case mav be, the unit concerned will continue to have the import facilities (other than Capital goods) in their present status for a reasonable period of time

32. It will be open to the licensing authority or a canalising agency not to accept a registration certifi- cate issued by the (State) Director of Industries to an Actual User. Where it is so consideied, the unit should be asked to obtain a fresh registration. .

- 33. (1) Without prejudice to the generality of the above provision, however, import licences for 1983- 84 will be granted to small scale units on the basis of registration certificates already held by them or issued to them in 1982-83, on production of a decla- ration from the applicant that his registration certifi- cate has not been cancelled or withdrawn or Suspend- ed and that the unit is actually in operation. This dec- *laration will not be insisted upon in cases where the Registration-Certificate was less than 5 years old on 1^-1983.

(2) The provisions made in Sub-para (1) will also apply to the allotment of canalised items by canalising agencies.

Actual users to maintain Account of Consomptions

34. (1) Every Actual User should maintain a true and proper account of the consumption and utilisation of imported goods in the proforma given in Appendix 18. In the event of his failure to maintain an account in this manner in respect of any goods imported against a licence including OGL or received as allotments from canalising agencies. The application for issue of further licences or allotments will be liable to rejection without prejudice to any other action under law that may be taken against him. The onus will at all times be on the Actual User to satisfy the sponsoring authority as well as the Chief Controller of Imports & Exports or other licensing authority that he has done so and is in a position to prove his bona fides, including the Actual User condition specifically applicable, beyond reason- able doubt and that he has fully abided by the law and each one of the conditions subject to which he secured th$ imports or allotments or transfer/loan of imported goods. The Actual User shall be required on demand to produce the accounts and registers of receipts, con- sumption and utilisation of imported materials main- tained by him, to the licensing authority or sponsoring or any other Government authority authorised by the Chief Controller of¹ Imports & Exports to inspect or verify them.

(2) Imported goods procured by the Actual User from Trading Houses, Export Houses, Associations or Cooperative Societies of Actual Users or public sector agencies, which have been assigned the role of supply- ing imported inputs to Actual Users under the Import-Export Policy in force, shall also be subject to 'Actual User' condition. Proper account of pro- curement and consumption of such goods should also be maintained, indicating clearly the source from which goods were received.

(3) From 1982-83, Actual Users should maintain a separate account of import and consumption of items received under the system of Supplementary licences obtained by the unit under the import policy in force for Actual Users.

35. The accounts of receipts, consumption and uti- lisation of imported materials for the year 1975-76

41-—2 Commerce/8 3

and onwards, shall be maintained and preserved by the licensee for a period of at least 8 years, commenc- ing from the expiry of the year to which the relevant account pertains. The accounts of earlier year shall also be maintained and preserved for a period of 8 years, commencing from the expiry of the year to which the account pertains or for 2 years from 1-4-75 whichever is later.

36. If the Actual User is in any circumstances un- able to comply with Para 35 above, he may seek the prior written permission of the Chief Controller of Im- ports & Exports, New Delhi, but continue to preserve (and maintain the postings of) the current registers to the best of his ability. However, in all such cases the Actual User will have the duties and obligations set down in para 34 above.

37. While considering requests for transfer of an industrial units having imported machinery, the spon- soring authority will satisfy itself that the above ac- counts and registers maintained by the transferor will either continue to be preserved by him as above or be handed over to the transleree against a detailed acquittance. Both the transferor and transferee shall nonetheless be fully responsible, singly and jointly, in law for the proper and full discharge of their duties and obligations.

Intimations of Grant/Rejection of Licence

38. (1) Intimation about the grant or refusal of licence in every case will be sent by the licensing autho- rity to the sponsoring authority concerned, this will also include automatic licences. For this purpose, a copy of the licence forwarding letter together with the value of the licence and the list of items allowed (if any) or rejection letter will be endorsed. The said forwarding letter will also indicate the end-product. The licensing authority will send copies of such com- munications also to the Centra] Excise authority and Income tax authority concernel with the applicant.

(2) While sending intimation to the sponsoring authority, the Centra] Excise authority and the Income tax authority, copies of the consumption state- ment on the basis of which the automatic licence is granted, will also be sent.

(3) Intimation regarding the grant of REP licences to manufacturer-exporter with "Actual User" condi- tion, will also be sent to the licensing authority & the sponsoring authority/Central Excise authority con- cerned, as required under sub-para (1) above.

Canalising Agencies to inform Sponsoring Authorities

39. Each canalising agency will send to the spon- soring authorities concerned, monthly statements of tho direct allotment made by it of canalised items, giving the names of the allottees, their addresses, licence/ registration numbers, quantities and dates of allot- ment/release.

Check on Utilisation

40. The sponsoring authorities concerned will check up whether the imported materials have been properly used by the Actual Users in their jurisdiction and whether they have maintained a true and proper ac-

count of import and consumption, in the form and manner prescribed. They will alto exercise diligence and care in agreeing to requests for transfer/loan of imported material from one Actual User to another as provided in the policy. They will promptly report to the licensing authority concerned such cases in which the Actual Users have contravened the conditions sub- ject to which the goods including Capital Goods were allowed for import or allotted by canalising agencies or otherwise transferred/lent. The licensing authority will then initiate action as required under import law against the defaulter, but without prejudice to (other) penal action which th# sponsoring authority can take under its own powers, if any.

Chartered/Cos* Accountants and Chartered Engineers

41. (1) Chartered/Cost Accountant* and Chartered Engineers are expected to exercise due care and dili- gence in furnishing- certificates for th" different pur- poses contained in the Import/Export Policy. It is on their responsible discharge of the functions so set down that the success of the liberalised procedure depends. This is equally applicable to other persons who are authorised to issue certificates under the im- port policy in force. If, at any time, it is found that the certificate issued by them did not contain correct information, it would attract penal provisions of im- oort export control regulations.

(2) The import-export policy contains various pro- visions according to which consumption/export state- ments etc. to be furnished by importers are those applying for Export House Certificate or Trading House Certificate or Export Performance Certificate have to get their performance certified by a Chartered Accountant or Cost Accountant, in practice, who is not a partner, or proprietor or a director or any emp- loyee of the concerned firm or company or its associ- ates. In such cases, the persons concerned can also obtain the required certificate from a Company Sec- retary, in practice, instead of a Charactered Accountant or Cost Accountant.

Automatic licences

42. Applications for automatic licences are to be made to the regional licensing authorities concerned in the form and manner prescribed in the import policy The import licences will not bear any specific list of items and will be valid for import of raw materials, components, consumables and spares as per the pro- vision of the relevant import policy. It will be incum- bent on the Actual User Licensee to import only those items which the import licence permits and which are required for use in his factory for the manufacture of the end-product for which the licence has been obtained.

Supplementary licences

43. (I) Actual Users whost import requirements cannot be met through automatic licences may apply for supplementary import licences for raw materials, components, consumables and spares ag per the provi- sions made in the relevant import policy. Applica- tions for such licences may be made through the sponsoring authorities concerned.

(2) Application for supplementary licence should be made in time within the last date prescribed. Such applications can be made only after the actual user has applied for (or obtained) automatic licence for the same licensing period. The applicant should give ade- quate information to justify the need for supplemen- tary licence in addition to the Automatic licence" already applied for or obtained.

(3) Each application for supplementary licence should be accompanied by a list of the items sought to be imported and the value of each item, besides other information which the applicant is required to furnish in terms of import policy in force. Complete justification should be given by the Actual User while* claiming supplementary licence,

(4) Ths sponsoring authorities, while recommend- ing application for supplementary licences will also indicate in their recommendations reasons for which the import of the items recommended by them is essen- tial and the requirements of the Actual User cannot b"met from Automatic licence or indigenous sources or other authorised channels of import.

Spares for after-sales service

44. (1) Applications for licences for Import of spares required for providing warranty coverage/after- sale service to customers in accordance with the pro- vision made in the import policy may be made to the regional licensing authority concerned in the same form as that applicable to automatic licences but with the additional information and certificates as required under the Import policy.

(2) Import licences issued under this provision will

be subject to the following conditions :—

"The goods imported against this licence shall be used only for servicing and maintenance (whether free of cost or at a price) of the machinery/ equipment/vehicles manufactured by the licen- see,"

(3) Value of import licences received by Actual User (Industrial) under this provision should be inti- mated by them to the DGTD, New Delhi, to enable them to keep a watch on the standard of the service rendered by the Actual Users to the customer!.

(4) Provisions for providing warranty/after-sale service in respect of the machinery exported, have been made separately in the Chapter pertaining to Registered Exporters.

Emergency licences for Spares

45. Applications for emergency licences for Import of spares under the import policy in force should be accompanied by a list of the items sought to be Im- ported and a declaration of the Chief Executive i.e. Chairman/Managing Director/Executive Director/ Managing Partner, ai under :—

"I declare that our application for the grant of emergency licence for spares is In conformity with the import policy in force as there has been an actual/imminent breakdown of production

machinery. The emergent import of spares has been necessitated because of the following :—

(Broad particulars of the situation to be given)"

Production Returns

46. (1) All Actual Users should send monthly '(quarterly in the jase of SSI units) production returns to their sponsoring authorities. The names of units failing to submit complete monthly/quarterly produc- tion returns will be intimated by the sponsoring authorities to the licensing authorities concerned. Applications for further licences in the case of such defaulting units will be liable to be rejected, without prejudice to any other action that may be taken against •them in this behalf.

(2) Cases in which the import applications are made through the sponsoring authorities, while pro- cessing the applications, the sponsoring authorities will also check whether the applicant has furnished to them complete monthly/quarterly production returns for the earlier year and uptodate for the year in res- pect of the end-product, to which the import appli- cation pertains.

(3) The Import-Export Policy provides for all Actual Users to send statements/declaration of their imports effected under Open General Licences to the licensing authorities and sponsoring authorities con- cerned. Actual Users failing to comply with this re- quirement will also be liable to action under the im- port control regulations.

(4) The Import-Export Policy also provides for all Actual Users to send half yearly returns setting out the percentage of indigenisation achieved in his ap- proved phased manufacturing programme. Actual Users failing to comply with this requirement will also be liable to action under the Import Control Regula- tions.

(5) A Special List Attestation Procedure (LA Pro- cedure) has been introduced with effect from 1st April, 1983 for import of components by DGTD units which are subject to phased manufacturing programme. In their case, imports of components, whether against an Automatic licence or under Open General Licence or under any flexibility provisions of the import policy in force, will be governed by the List Attestation proce- dure. The details of this procedure are contained in Chapter 20 of the Import & Export Policy (Vol. I) for 1983-84. Actual Users failing to comply with the prescribed procedure win be liable to action under im- port control regulations and to the stoppage of further import facilities in their favour.

CHAPTER—IV

REGISTERED EXPORTERS

REGISTRATION OF EXPORTERS Registering Authorities

47 (1) The names of Registering Authorities for different export prouucLs are given in Appendix 10 (Annesure I),

(2) The Development Commissioner for Hand- looms, Udyog Bhavan, New Delhi has been designated as the registering authority for exporters of handloom products in place of Handloom Export Promotion Council, Madras, and its regional offices, if any. This decision is effective from 1st April, 1983. Exporters already holding valid registration certificates issued by the Handloom Export Promotion Council, Madras or its regional offices, if any, as on 31st March, 1983, will be deemed to be registered as exporters with the Development Commissioner for Handlooms, New Delhi. Exporters will be required to apply for registra- tion to the Development Commissioner for Handlooms, New Delhi only for obtaining a new registration or for renewal of their existing one.

48. In the case of exporters other than gem and jewellery item? from tne following States/Union Territories, the Registering Authority will be the concerned (Stale) Director of Industries, or other officer nominated in this behalf by the state government concerned *.—

^i) Anduman and Nicobai Islands

(ii) Arunachal Pradesh (Ui) Lakshadwcep (iv) Manipur

(v) Mizoram (vi) Nagaland t'vii) Tripuia (viii) Jamnru and Kashmir (ix) Goa, Daman and Diu

49. (I) Export Houses/Trading Houses holding

Export IIou.ii/Trading House Certificate may, jf they so desire, gel theinscKts registered wilh the Federation of Indian Export Organisation, PHD House, Sri Insti- tutional Area, Hauz Khas, New Delhi, instead of with the concerned Export Promotion Council/Commodity Board. Such registration with FIEO will be valid for all product groups. [t will, however, be necessary for all Export House/Trading Houses holding Export House/Trading House Certificate issued by the Chief Controller of Imports and Exports to enrol themselves as members of the Federation of Indian Export Orga- nisation. Export Houses/Trading Houses will also be required to send to the Federation of Indian Export Organisation copies of their detailed schemes and action programme for export and quarterly and annual return* of exports commodity-wise and country-wls" to the manner as may be prescribed by Federation of Indian Export Organisation from time to time, [Copies of annual returns should also be sent to CCI&E (E-P-Dn), New Delhi] Trading Houses are advised to provide after-sales facilities abroad as 'a measure of ex- port promotion. They should report the progress made by them in this regard in their quarterly and annual returns to be furnished to the Federation of Indian Export Organisations and the Chief Controller of < Imports and Exports, New Delhi,

(2) In the case of units situated in free trade zones, the registering authority will be Development Commissioner of the concerend zone.

(3) Exporters for whom no registering authority has been specified (or for whom no registering autho- rity accepts the responsibility of registration) can get themselves registered with the Export Promotion Officers at the ports, namely, Bombay, Madras and Calcutta. They will have jurisdiction over western, southern and eastern zones respectively. In respect of northern zone, the registering authority will be the Joint Chief Controller of Imports & Exports, Central Licensing Area, New Delhi.

50. Public sector undertakings, state owned or controlled corporations, statutory bodies set up by Government, and Government departments will also be required to get themselves registered with the concerned Registering Authorities for the purpose of pram of benefits under the import policy for Registered Exporters. However, if they so desire, they may get themselves registered with the Federation of Indian Export Organisation, New Delhi instead of with the concernd Export Promotion Council/ Commodity Borad. Such registration with FIEO will be valid for all product groups.

Application for Registration

51. Application for registration should be made to the concerned Registering Authority. In the caso of concerns having branches, the application for registra- tion can be made by the registered office in the case of limited companies and head office in the case of others. A registration certificate issued to the regis- tered office/head office in such cases will also be valid for its branches. The branches can also apply separately for registration in which case the Regis- tering Authority will issue a separate registration certificate to the applicant branch; this will, how ever, not make export houses eligible to t make indepcac'r'Jt applications for their additional licences except on a consolidated basis for all their branches and the head office concerned.

52. (1) Application for registration should be made in the form appearing in Appendix 10 (An- nexure IT).

(2) In the case of manufactures, other than those registered with the DGTD, Part II of the Registra- tion-cum-membership has to be filled in by the spon- •oring authority concerned. A registering authority may, however, itself fill in Part II of the certificate on the basis of the Registration certificate issued to the applicant by the state Director of Industries or the sponsoring authority concerned. Based on this, a provisional registration-cum-mernbership certificate may be issued to the applicant. Thereafter the register- ing authority should carry out necessary verification from the State Director of Industries or the sponsoring authority, as the case may be and make further such changes as may be necessary on that basis on registration-cum-membership certificate and also delete the word provisional therefrom.

53. The application for registration should be

accompanied by the following documents:

(i) Bank certificate in support of the applicant's

financial soundness; and

(ii) Registration-cum-membership certificate form with Part I and the relevant columns of Part II duly filled in.

Registration Certificate

54. The form of Registration certificate is given

in Appendix 10 (Annexure 1U).

55. A separate Part III has been prescribed a

Annexure III of Appendix 10 in the case of exporters of rayon textiles.

56. If an applicant is both a manufacturer exporter as well as a merchant exporter separate certificate will be issued to him by the registering authority concerned (It may be clarified that if a manufacturer also exports products manufactured by others, he should get himself resistered as a merchant exporter for such export products.)

Eligibility for Registration

57. Exporters who are members of the E.P. Council concerned, having a past export performance, a good record and experience, are eligible for registration. An applicant having no previous experience of export in a particular line may also be registered if the registering authority is satisfied about the general commercial background of the applicant, his industrial experience or export performance in other lines.

Condition of Registration

58. (a) A registration certificate will be issued subject to such conditions as the registering authority concerned may consider necessary. One of the condi- tions of registration shall be that the Registered Ex- porter shall furnish quarterly returns of exports including 'nil' returns, to the registering authority by the fifteenth day of the month following the quarter.

(b) The registration for an item by an E.P. Council or Commodity Board, will hold good for all the Items with which the particular Council/Board is concerned. (This is, however, subject to the provisions made in para 56 above.)

(c) In the case of components of engineering goods Mid handlooms (fabrics and made-ups) which, for the purpose of grant of rcplenisiinient licences, die classi- fied under different product groups depending upon the raw material used in their manufacture, the Registered Exporters can get themselves registered with any one of the concerned registering authorities. Sirnikuly in the case of made up articles of precioui/t>emi-prccious stones like ash trays, penholders, etc. which fall under 'Handicrafts' it would not bo necessary Lor the ex- porters to get themselves registered vvuh ^\ii India Handicrafts Board in case they are already registered with the Gem & Jewellery Export Promotion Council. Also, in a case where the licensing authority ilcckios that the product exported as Ilandicruus is actually classifiable elesewhere, the applicant, ii he is ahead) registered with the All India Handicrafts, Uoaru, will not be required to produce regiairation with OIL other Registering Authority.

Also, exporters of E.P.N.S. wares registered with All India, Handicrafts Board will not be re-quired to be registered separately with Engineering lixport Promotion Council.

(d) In case of composite items which contain raw material falling under different product groups, say Plastics, Engineering etc. if the value oi' a particular raw material used is more than 50% of the value of the composite item, it is enounh if the exporter registers himself with Registering Authority concerned with the major content of the composite item.

(e) In the case of "project exports", if the exporter is registered with the Engineering Expoit Promotion Council, it will not be necessary lor luin to get regis- tration with, other Export Promotion Cuuucm/ Com- modity Boards concerned with various commodities covered by the project in question.

(f) Once an exporter has been registered, the regis- tration shall remain valid for four years (from the date of issue) unless the exporter registered ceases to exist, or his name is deregistered for any reason or he be- comes ineligible to hold the certificate. Registration Certificate (including those of export/trading houses with FIEO) which expire during 1983-84 may be accepted by the licensing authorities ior a period of additional 6 months to enable the expoiter to obtain fresh Registration Certificate.

(g) In the case of units situated in Kandla Free Trade Zone and Santacruz Electronics Export Pro- cessing Zone, Bombay, the registration certificate will have a period of validity as indicated by Lie Register- ing Authority concerned.

Exports prior to date of Application iUw Aiegisiration

59. Exports made by a Registered Exporter before a date earlier than 12 months prior to date of appli- cation for registration will not qualny lor import replenishment. For this purpose, the effective date of submission of the application will be the date on which a complete application is received. (In the case of non D.O.T.D. units, the date of receipt of the applica- tion by the sponsoring authority for die nurpose of filling up Part II of the Registratioi>cum-Membcrship Certificate, will be taken as the date of application for Registration for the purpose of this para.) For reckon- ing the period 12 months, the month, during which the application for registration is received, will not be taken into account. Again, in tespect of esyort ot

items which qualify for replenishment only after reali- sation of foreign exchange, the period of 12 months will reckon from the period of export and not from the date of realisation of payment.

Change in Constitution or Ownership

60. (1) Where there is any change in the owner- ship constitution, name or address of any Registered Exporter, it shall be obligatory on his part to intimate the change to the registering authority within three months. The registering authority may condone delay in this regard upto 3 months. In the case of manufacturer-exporters, the Registering Authority will also verify whether the permission of the sponsoring authority in regard to the change has been obtained. After due verification, the Registering Authority will issue a fresh registration certificate to the new or reconstituted concern, which will be valid from the date of change in name, ownership or constitution as the case may be. (For Export Houses, reference may be made to the Chapter 18 of Import Policy, 1983-84.)

(2) Where there is a change in the constitution of a Registered Exporter firm by admission or retirement or death of a partner (or by a change of Karta in the case of Hindu undivided family concern), and the reconstituted firm takes over the business as a whole without any change in its name and address, such change will not require any fresh registration with the registering authority. In such cases only the intima- tion about the change should be given to the Register- ing Authority as laid down. Similarly, in the event of change from Private Limited Company to Public Limited Company or vice-versa, only an intimation should be sent to the Registering Authority, and such change will not require any fresh registration.

Be registration of Exporters

61. (1) The Registering Authority may de-register an exporter for a specified or indefinite period and for one or more export products where the exporter :

(a) has ceased to have the qualifications re- quired for registration or the conditions of registration have been violated;

(b) has indulged hi any form of unfair, corrupt or fradulent practice, or failed to fulfil any export obligation; or

(c) has failed, or being a partnership, any of its partners has failed, or being a limited com- pany, any of its whole time or Managing Director has failed, to utilise satisfactorily any quota allocated for export earlier.

(2) An exporter will ordinarily be given a show-

cause notice, before he is de-registored.

(3) Pending enquiries into any complaint received apainst a registered exporter, or for any other good and sufficient reason to bo recorded in writing the Registering Authority or the Chief Controller of Im- ports and Exports, the Additional Chief Controller of Imports & Exports, or the Export Commissioner hi *he office of the CCI&E may keep the operation of the registration of an exporter under suspension for a specified period,

(4) Where an Export House/Trading House is registered with the Federation of liidiaii Export Or- ganisation and also with the respective Export. Promotion Council/Commodity Board. Likewise, if tion of such exporters by FIEG will apply automati- cally to his registration with the respective Export Promotion Council/Commodity board. Likewise, if such an exporter is de-registered by Export Promotion Council/Commodity Board, it will automatically apply to his registration with the F1EO lor UK icspective export product(s).

(5) Where a company or a firm is de-registered or its registration is kept under suspension, the de-regis- tration/suspension order will also mention the names of proprietor/partners/directors of the firm/com- pany.

Registration and de-registration by the Chief Con- troller of Imports and Exports

62. The Chief Controller of Imports and Exports, the Additional Chief Controller of Imports and Exports or the Export Coinmissionei in the office of the C.C.I.&E. may register or de-register an exporter or direct the registering authority to do so. De-regis- tration under this provision may be ordered for reasons covered under para 61 above, or in cases where the exporter has committed breach of any law, rule or regulation pertaining to foreign jjade or for inadequate reasons, commits a breach of a contract with a foreign party or fails to pay the amount of commission payable to fureign agent, or has failed to supply any iniormation or data required from him or for any other reason to be recorded.

Complaint against Indian Exporters

63. Complaints received against individual expor- ters will be investigated by the Chief Controller of Imports and Exports, New Delhi. Appropriate action will be taken to caution the defaulting units and steps taken to preserve the image of Indian exports overseas.

CERTIFICATION OF EXI'OSTS

64. (1) At the time of shipment, a Registered Exporter should have a v.*y\ cu tin- snipping bill duly authenticated by the Cuhtoi* t>

(2) After shipment, the RcgiiLcrect Exporter should have the exports certified oy an authorised dealer In foreign exchange at the time of presentation of export documents to such dealer i.e., the bank, for the pur- pose of negotiation and/or collection of bills. While presenting the export documents, ho should fill in and give to the bank the declaration (in triplicate) in Form I as ha Appendix 10 (Anncxure V), for exports made on 'out right" sale basis and in Form II in Appen- dix 10 (Annexure V), for exports on consignment basis/approval basis.

(3) The bank will certify the F.O.B. value of exports in Indian rupees and counter-sign the declara- tion after necessary verification with reference to the

export documents. The tmnk will also verily whether the shipping bill has been duly authenticated by the Customs authority. The bank will then pass on the original certificate with the relevant copy of the bank attested invoice to the Registered Exporter concerned, the duplicate to the licensing authority concerned, and the triplicate will he icnind by the bank for its record. In case oC exports made on consignment basis/approval basis, the bank will certify the f.o.b. value and counter-sign and pass on the certificate as in Form No. II, to the Registered Exporter, only after the export sale proceeds have been realised and surrendered to the Indian Exchange Control, A bank , certificate covering more than one consignment may also be entertained. The detailed procedure hi this regard is given in Appendix-10 (Annexure VI). In cases where the bank has not verified that the shipping bill has been duly authenticated by the customs autho- rities and the exporter instead produce the export promotion copy of the relevant shipping bill duly authenticated by the customs, the licensing authority may accept the same, if otherwise in order.

(4) Where a Registered Exr>orter subsequently receives "freight rebate" from a shipping company, as a result of which the f o.b. value goes up, he may obtain a bank certificate to cover the additional f.o.b. value for obtaining import replenishment licence there- on. In such cases, the application for claiming the extra benefit should he submitted within one year after the quarter in which the connected product is exported or within three months of the receipt of the freight rebate, whichever is earlier.

(5) Amount of commission or discount paid or payable to foreign agent shall be deducted from the f.o.b. value of exports for the purpose of calculating the import replenishment entitlement.

(6) However, hydraulic testing and painting charges, handling and stevedoring charges will be counted for calculating f.o b. value. Interest charges will also be counted ns part of f.o.b. value only if the same is shown separately in the invoice and the bank has negotiated the bill for an amount including the "interest charge".

(7) The procedure outlined above for certification of exports by fhe authorised dealers in foreign ex- change will tint npplv in the case of the following :—

(i) Cinematographic films (exposed);

(ii) Exports by Value Payable Post parcel; (iii) Export of bonk*¹; journals and periodicals;

(iv) Sales mnde at international exhibitions

abrond;

(v) Fxriort of rarretf to foreign tourists against

advance nnymenf;

fvil Sunplic nnr'p for TBRO/IDA aided pio-

|ect"? in Ind'fl;

(vh") Supplies mndc in Tndia against payment In

free fr>rciirn exchange.

(viii) Exnort of machirerv and equipment against Indian equity participation in joint ventures abroad.

PROCEDURE FOR SUBMISSION OP APPLICA- TIONS FOR LICENCES

65. (1) Consolidated applications for import licen- ces against export of all the products in a product- group should be made in the prescribed form and manner to the licensing authority under whose jurisdic- tion the registered office, in the case of a limited com- pany, and head office in the case of other registered exporters, is situated. The names and jurisdiction of the licensing authorities are indicated in Appendix 8.

(2) The regional licensing authorities having normal territorial jurisdication for dealing^ with import applica- tions, will also deal with applications for import licen- ces under the import policy for Registered Exporters from 1st April, 1983, m respect of exporters situated in their jurisdiction.

(3) In the case of registered contracts or project exports, application could, however, be filled contract- wise or project-wise, instead of covering all the exports belonging to a product-group.

(4) It will be open to a branch of a limited com- pany or of a Registered Exporter to apply for an import replenishment licence against the exports effect- ed by it, to the licensing authority within whose juris- diction the branch is situated, provided that such branch is separately registered as an exporter or pro- duces evidence to the effect that the registration cer- tificate issued to the limited company/head office is also valid for the branch in question. The application in such types of cases should be accompanied by a certificate of head office or the registered office, as the case may be, to the effect that it has not claimed and will not claim any replenishment licence against the exports covered by the application.

Frequency of Applications

66. A Registered Exporter should apply for a licence based on exports made during a month, or a quarter (April-June etc.) or half year (April-September) or a year (April-March). Applications for import replenishment licence may be made every month or per quarter, or per half year or on yearly basis as may be found convenient by the registered exporter. Each exporter will decide which procedure he would like to opt for and Intimate this to the licensing Authority at the time of his first application for an REP licence. If he fails to do "o, he will be taken to have opted for the quarterly system. (No change in option will be allowed In the course of the licensing period.) In the case of exports on consignment/approval basis, such applications should likewise be made in respect of sale proceeds realised.

Time limit for submission of applications

67. (1) Applications for import replenishment licence should be made so as to reach the licensing authority concerned within a period of three months from the end of the period of export or from the end of the period of receipt of sale proceeds hi the case of consittnment exports as the case may be. In cases where the sale proceeds are received In advance or where exports are made on R.B.I, approved deferred payment terras, the time limit for submission of

applic.rioiv, tor import replenishment will be reckoned wiifi it.'rjrn' e fy trie period of actual export.

{21 It an exporter makes more than one application, instead o£ making a consolidated application pertaining to his exports in a product group in a particular export period, the licencing authority may entertain such subsequent application(s) by imposing a cut of 5% or Rs. 5,000/- whichever is lower in the admissible replenishment. This amount of cut will be in addition to the cut that may have to be imposed on the same apportion on account of delay in submission of the application under sub-para (4) of this paragraph.

(3) If an import application is not supported by a bank receipt/demand draft towards payment of appli- cations fees or statement of exports or any document other than a document evidencing exports, and such documents are received late, the licensing authority may accept late submission of these documents by imposing a cut of one per cent subject to a maximum of Rs. ]~00/~. [In cases covered under this sub-para, the exporter will not be liable to a higher cut under suh~para (4) below],

(4) Applications received (including those for Additional Licences) after the prescribed time limit, or in respect of which deficiencies, if any, are made up nfter the time limit prescribed for submission of (applications, may also be considered by the licensing aushoriiipq provided the applications are received or the deficiencies arc made up within a period of three months after the expiry of the time limit for submission of the applications. The applications received there- after will be liable to be rejected. The licensing autho- rities may, however, consider such application on merits, subject to a cut in the value of import reple- nishment admissible ajjainst the exports in question. The extent of cut in the value that may be imposed in such cases will be as under :—

(it Application^ received after a period of 6 months from the last month of the export period but within 12 months 5 per cent.

(ii> Applications received after a period of 12 months from the last month of the export period, hut within 18 months 10 per cent cut.

(iii) Applications received after a period of 18 months from the last month of the export period but within 24 months 15 per cent cut.

(iv) Applications received after a period of 24 months from the last month of the export oeriod will be summarily rejected as time barred.

(5) T^c pbovo cuts in respect of delayed /deficient apsliritinns against exports of products which qualify for replenishment only after realisation of foreign cxehant!^ will be applied with reference to the period durin

(6) In the case of exports by V.P.P. of products Other tbnn Gem & TeweJIery and Cinematographic Films (exposed) the time limits for submission of applications will be reckoned with relerence to the date of payment as given in the Post Master's Certificate or in the intimation slip.

(7) Where an application is partly incomplete L". export documents in respect of some of the shipmentf have not been produced, the licensing authority may dispose of that part of the application in respect of which complete documents have been produced, by issuing the import replenishment licence to the appli- cant. In such cases, part of the claim which is sup- ported by all the necessary documents may not be held up on account of the part claim which is incomplete.

Date of shipment/despatch

68. For the purpose of considering applications for import replenishment under the import policy for Registered Exporters, the relevant date of export will be determined as under :

(a) In the case of shipment by sea, the date of export will be determined as follows :—

(i) In the case of break-bulk cargo export- ed by ship, the date of export will be the date of bill of lading or the date of mate receipt, whichever, is later.

(il) In the case of containerised cargo, the date of export will be the date of 'On- board Bill of Lading* evidencing the loading of the container on the ship. However, the date of "Received for shipment Bill of Lading" evidencing the date of loading of the export goods into the container may also be taken as the date of export if the L/C specifically provides for such Bill of Lading. In the case of export by containers from Inland Container Depot (IDC), the date of export will be the date of the Bill of Lading issued by the shipping agents at the time of loading of the export goods in the IDC after customs clearance.

(Hi) In the case of export by Lash barges, date of export will be the date of the bill of lading evidencing loading of the export goods on the board the barge which is to be carried to the barge carrying mother ship.

(b) In the case of exports by air, the date of export will be determined by the date on the Air-way bill.

(c) In the case of exports by post-parcel, the dale of export will be determined by the date stamped on the postal receipt.

(d) In the case of exports by rail, the date of export will be determined by the date of RR (Railway Receipt).

(e) In the case of exports by road, the date of export will be determined by the date on which the goods crossed the Indian border as certified by the Land Customs Authori- ties,

owcBiueais IU oe dobialltca with Application

69. Applications for licences should be made com- plete in all respects, supported by a Bank Receipt/ Demand Draft for the appropriate amount towards the application fee, and other prescribed documents.

f 70. Alo&g with the application, the applicant should furnish a statement of exports in the form given in Appendix 10 (Annexure VII) indicating the parti- culars of exports against which the import application is made.

71. The following export documents should also be produced with the application for import reple- nishment :—

(1) Exports of products other than those detailed

in paragraph 64(7) :

(i) Bank certificate (in original) of exports,

(ii) Bank attested copy of the invoice.

(2) Exports by V.P.P. of products other than fern and jewellery and cinematographic films exposed.

(i) Invoices giving description of goods, weight of the individual items and their total weight actually exported, duly attested by the customs.

(ii) Relevant postal receipts, or photostat copy thereof or a certificate of posting issued by the Post Office; and

(iii) Post-Master's certificate of payments or the intimation slip given by the Postal Depaft- meht to the Indian recipient of the pro- ceeds of the exports made by V.P.P.

(3) Exports of Books & Newspapers by post made by Registered Exporters who have been allowed by the Reserve Bank of India to effect their exports without observing P.P. formalities or have been allowed to send the documents direct to the consignee without routing the same through the normal banking channel:

(i) Postal receipt or a certificate of posting issu- ed by the Post Office or any other evidence in cases where the original Postal receipt has been forwarded to the importer. In the case of export by ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Accountant's certi- ficate giving complete details of postal charges, dates of exports and particulars of exports, in lieu of the certificate of posting, issued by the Post Office, should be sub- mitted.

(li) A Chartered Accountant's certificate giving the details of the exports, freight etc.

(iii) Invoice certified by a Chartered Accountant. (iv) Tn cases where the applicant is not able to produce documents at (i) to (iii) above, and the payment against the exported m*tc-

42—2 Coinmerce/83

rial has been received by him in advance, the licencing authority may accept the docu- ments, namely:—

(a) a certificate of Chartered Accountant giving in respect of each publicatiOD exported, its name, value of exports made and the aggregate amount of postal charges incurred on the des- patches in question;

(b) a bank certificate in support of the receipt of payment in foreign exchange to cover the exports referred to in (a) above; and

(c) ft declaration of the applicant that he ha* not and will not claim separately REP licence on the basis of the foreign exchange realisation to which the Sank certificate in (b) above pertains.

(4) Export of books, journals and periodicals by post made by Registered Exporters who have not been exempted by the Reserve Bank of India from P.P. formalities :

(i) Original Postal receipt or photostat copy thereof or a certificate of posting issued by the Post Office- In the case of exports bv ordinary post, if the exporters are not able to produce certificate of posting, a Chartered Accountant's certificate giving complete details of postal charges, dates of export and particulars of exports, should be submitted

(ii) Invoice certified by a Chartered Accountant

indicating the P.P. Form Nos.

(ill) Bank certificate indicating the receipt of payment in foreign exchange as well as relevant P. P. Form No. (exports below Rs. 50/- made by ordinary post without P.P. Form will not be eligible for replenish- ment under this procedure.)

(5) Exports of Books & Newspapers by sea/air made by Registered Exporters who have been allow- ed by the Reserve Bank of India to effect their ex- ports without observing G. R. Form formalities or have been allowed to send their documents direct to tha consignee without routing the same through nor- mal banking channek :—

(i) Invoice certified by a Chartered Accountant. (IT) Bill of Lading/Airways Bill.

(ill) A statement duly certified by the exporter's bankers/Chartered Accountant regarding realisation of export proceeds set off against the relevant G.R. forms in a chronological order. However, in case where the ex- porters have obtained a General Permit from the Reserve Bank ot India waiving the G. R- formalities, it Is not necessary for them to produce a Certificate indicating the G. R. Form Nos., and instead, they may quote the General Permit No. issued by the Reserve Bank of India in the statement

issued by the Chartered Accountant/ex- porter's banker.

(6) Export by registered post of products other than gem and jewellery and cinematographic films (exposed) :—

(i) Bank certificate (in original) of exports

issued by the exporter's Bank.

(ii) Invoice giving description of goods, weight of the individual items and their total weight actually exported, duly attested by Customs. (iii) Postal receipt or in cases where postal receipt has been forwarded to the consignee, a certificate issued by the exporter's Bank or Postal Appraising Department indicating clearly the postal receipt No., date and amount and certifying that the relevant postal receipt has been forwarded to the consignee.

(7) Supplies of material made to foreign shipping companies as ship-stores and other materials (exclud- ing freight containers) :—

(\~) Bank certificate (in original) regarding receipt of foreign exchange or Indian Rupees obtained from exchange of foreign currency.

(ii) Bank attested invoice.

(iii) One copv of the shipping bill duly authen- ticated bv the Customs in respect of the supplies made to foreign shipping companies.

(iv) Custom 'Allow Order' in lieu of the Customs authenticated shipping bill wherever not available.

(v) Tn cases where the applicant is not able to

produce the documents at (i) and (ii) above, the licensing authority may accept, In lieu thereof, a certificate from the Ship- ing Comoanv or its agent, duly counter- signed bv Chartered Accountant that (a) the amount of the bill (full particulars of which shou'd be indicated) has been paid out of the freight earnings of such Com- panv and (b) the expenditure has been or will be shown in the monthly statement of disbursements required to be submitted to the Reserve Bank of India.

(8) (11 Export of goods sold at international exhi- bitions abroad organised by the Trade Fair Autho- rity :—

Certificate from the Director, Trade Fair Authority indicating the full description of goods, the f.o.b. value, the name of the Indian exporter, date of sale, and certifying that the payment against the sales in ques- tion, has been repatriated to Tndia and sur- rendered to the Indian Exchange Control. The time limit for submission of an appli- cation will be reckoned from the date of •ale.

(2) Export of goods sold at international exhibitions

abroad organised by Export Promotion Council:—

(i) Certificate from the Export Promotion Council, indicating the full description of goods, the f.o.b. value, the name of the Indian Exporter, date of safe, and certifying that the payment against sales in question, has be^n repatriated to India and surrendered to the Indian Exchange Control.

(ii) Bank Certificate indicating the receipt of payment in foreign exchange. The pro- fornta of the Bank Certificate given on Appendix 10 (Annexure DC) may be used with suitable modifications. A tinte limits for submission of an application will be reckoned from the date of payment as shown in the Bank Certificate.

(iii) Where an applicant is unable to produce bank certificate as the documents were not negotiated through the bank, the licensing authority may accept the document in (I) above if it is satisfied on the basis of othef evidence that the payment for the goods, in question, has been received through autho- rised channels.

(3) Export of goods sold at International fairs/ exhibitions abroad by Indian manufacturers/exporters where their direct participation has been approved by Trade Fair Authority :—

(i) Certificate from Trade Fair Authority indi- cating full description of goods, the f.o.b. value, the name of the Indian exporters, date, of sale;

(ii) Bank certificate Indicating the receipt of payment in foreign exchange. The proforma of the bank certificate given fa Appendix 10 (Annexure IX) may be used with suitable>i modifications. The time limit for submission^ of an application will be reckoned from the - date of payment ns shown in the bank certificate.

(9) Export of news films and TV films by accredit- ed news cameraman who has been allowed exemption by the RBI from observing GR/PP formalities :

(i) A list of news films/TV films exported giv- ing the relevant airway bill numbers, with attested copies of airway bills;

(il) Bank certificates showing th* receipt of

foreign exchange;

(iii) A declaration of the applicant that he has not

and shall not claim separately REP licence^ on the basis of the foreign exchange realisa*¹ tion to which the bank certificate at (il) above pertains.

(10) Exports of woollen carpets for which pay- t ments are received locally (either in full or in part)?* from foreign tourists in the form of (a'( fordi{n cur-

rency travellers cheques, (b) crossed foreign bank drafts, and (c) personal cheques drawn on foreign banks :—

(i) Bank certificate (in original) of payment issued by the exporter's bank in the pro- forma given in Appendix 10 (Annexure X ),

(ii) Bank attested invoice;

(iii) In the case of postal exports, original postal

receipt; and

(iv) A copy of the money changer's licence issued to the seller by the Reserve Bank of India.

(11) In the case of sale of ocean freight containers,

the following documents should be furnished :—

(i) Order received from the foreign buyer;

(ii) Invoice duly attested by the bank giving the

particulars of goods sold and their value;

(Iii) Evidence of goods having been received by the foreign buyer or his accredited agent in India; and

(iv) Bank Certificate (in original) in the form given in Appendix 10, Annexure V Form 11. In the absence of Shipping Bill the F-O.B. realisation may be verified by the bank on the basis of the invoice.

(12) Supplies made to IBRD/IDA aided projects fa India where Indian exporter sends export docu- ments to the foreign buyer who in turn requests the IBRD/IDA for payment to the exporter on his behalf out of the loan granted to him :—

(i) Bank certificate showing realisation of sale proceeds in the Form No. II in Annexure V of Appendix 10 with such deletions/modifi- cations as might be necessary to indicate the receipt of payment in India to the credit of the exporter's account against each indi- vidual transaction or invoice;

(ij) Shipping bill duly authenticated by the

Customs;

(iii) Copy of Invoice, indicating inter-alia the

No- and the date of shipping bill;

(iv) Bill of Lading; and

(v) Insurance receipt.

(13) Export of Machinery and equipment against Indian equity participation in joint ventures abroad :—

(i) Copy of the invoice. The invoice should contain a remark, viz. "Exports towards meeting equity participation in a joint ven- ture, namely M/s (Name of the place and country) as approved in Department of Commerce letter No Dated . . . ."

(ii) Chartered Accountant's Certificate In origi- nal certifying the CIF/C&F/FOB value of exports, freight and insurance charges, If any incurred, GR from No. etc. as in Annexure XI given in Appendix 10.

(iii) A copy of Govt./R.B.I.'s sanction permitt- ing the vaJue of exports to be used as equity participation.

(14) Supplies jde by Indian firms in India against IBRD/IDA aided projects or under bilateral/ multilateral aided projects, or under the aid programmes of United Nations and other multi- national agencies at international prices and paid for in free foreign exchange :—

The documents to be submitted and the pro- cedure to be followed for claiming reple- nishment against these supplies are given in Annexure No. XTX of Appendix 10.

(15) Foreign exchange earned by consultancy firms and design engineering firms by undertaking technical/consultancy work/construction work ab- road :—

(i) Bank Certificate (in original) showing the amount ot consultancy fees/other charges/ contruction charges;

(il) No. and date of the Reserve Bank of India's letter, if any, approving the consultancy agreement.

(iii) The amount of foreign exchange released by the Reserve Bank of India for travel etc. abroad of engineer/others together with the No. and date of the permit issued by the RBI; and

(iv) Passage money paid in India for booking of

passage of the personnel.

The particulars at (ii) to (iv) above should be

certified by a Chartered Accountant.

(16) Sale of goods displayed in an Export Promo-

tion Council's Show Room abroad :—

Documents to be furnished by the applicant in such cases will be the same as indicated in sub-para (8) above with the modification that there should be a certificate from the concerned Export Promotion Council in- stead of from the Director, Trade Fair Authority. The time limit for submission of an application will be reckoned from the date of sale,

(17) In respect of Sales of goods sold at duty free shops, to passengers, agamst in free foreign exchange, the application should be supported by a certificate of the Indian Tourism Development Corporation (ITDC) indicating the number and date of cash memo, name (and models, if any) of the item sold, quantity of the item sold, and the amount of foreign exchange realised. The statement should be prepared item wise, and should be signed by the Manager, Duty Free Shop and countersigned by the Controller (Shops), and at the end of the statement the following certificate should be given :—

"The particulars stated in the statement are true and correct and the amount of the

foreign currency shown in the statement has been actually realised and deposited at the State Bank counter at—Airport."

(Cash Memos need not be sent with the applica-

tion.)

(18) Supplies of fitment items (of Capital Goodi aature) to Indian shipyards for ocean going vessels :—

(i) Bank certificate, certifying the receipt of payment against supplies of fitment items from Indian shipyards building ocean going ships,

(ii) Bank attested supply invoice.

72. In addition to the documents mentioned above a Registered Exporter will also be required to furnish any other documents/information as may be consider- ed necessary by the licensing authority or is required ID terms of the relevant Import Policy and Procedure* in force.

73. Requests from regular exporters of products other than gem and jewellery items and cinematogra- phic aims (.exposed,), having a large number of export transactions m each quarter, may be considered on merits by the Chief Controller of Imports and Exports tor admission of their applications for replenishment on the basis of other decumentary evidence such as Chartered Accountant's Certificate, indicating therein all the relevant particulars as are contained in the prescribed export documents, provided their annual exports exceeds Rs. 50 lakhs, and provided further that the export products qualify only for import reple- nishment.

74. Registered Exporters should produce evidence of freight and insurance charges to the bank concern- ed to enable them to verify the f.o.b. value of exports in the Bank Certificate. Immediate Rebate allowed by che overseas shipping companies in freight charges at lh? time of shipment may also be taken into account by the banks while arriving at the f-o.b. value- In cases where the export contract contains a freight variation clause the exporter will be eligible to claim replenishment in respect of the foreign exchange realised on account of freight variation.

75. Export Houses should produce with their Im- port application a copy of the Export House Certi- ficate issued by the Chief Controller of Imports and Exports, New Delhi, with a declaration that it has not been cancelled or withdrawn.

Sale to foreign tourists of Hems other than Gem and

Jewellery

76. (1) A Registered Exporter i.e. a dealer who has been authorised by the Reserve Bank of India to receive payment in foreign exchange against sales made by him to the foreign tourists will be eligible to apply for grant of replenishment licence against sale of specified goods to foreign tourists against (i) foreign currency travellers cheques, (ii) crossed foreign bank drafts, (iii) personal cheques drawn on foreign banks and (iv) foreign currency notes and coins.

(2) In respect of such sales, the following proce-

dure will apply :—

(a) The Registered Exporter will be required to nwntain printed, serially numbered voucher books. A specimen voucher is at Annexure XII in Appendix 10 to this Book;

(b) Each sale voucher will be in triplicate showing* details regarding the name and nationality ol the tourist, his/her passport number, description of items sold, the sale value m foreign exchange and the rupee equivalent details thereof;

(c) The original sale voucher will be handed over

to the tourist for his own use;

(d) The duplicate copy of the voucher will be sent by the dealer alongwith the application for replenish- ment licence at the time of its submission; and

(e) The triplicate copy will be retained by the

dealer for his record;

(3) The Registered Exporter will be required to maintain a register containing the following particu- lars :

(i) Serial Number;

(ii) Number of the sale voucher;

(iii) Date of sale;

(iv) Name of the foreign purchaser;

(v) His/her Passport number;

(vi) Description of the item sold and the material

of which made;

(vii) Value in rupee;

(viii) Equivalent foreign exchange surrendered;

(ix) Name of the bank in which foreign currency traveller's cheques/crossed foreign bank drafts/Cheques deposited;

(x) Date of deposit; and

(xl) Remarks.

The register will be open to check by Government.

(4) Import applications should be made to the licensing authority concerned within the prescribed period after receipt of payment in foreign exchange. The rate of import replenishment will, however, be related to the date of sale. The applications should be accompanied by the following documents :—

(i) Bank Receipt/Demand Draft for the appro-

priate amount towards the application fee;

(11) Certified true copies of sale voucher/cash memos, giving details of (a) name and nationality of the tourist, (b) Passport num- ber of the tourist, (c) details of traveller's cheques/crossed foreign bank drafts/per- sonal cheques drawn on foreign banks, (d) detailed description of the articles sold, specifying material of which they are made, and (e) value of each article.

(3) The Registered Exporter (Jeweller) desiring to

claim benefits under this scheme, who does not

possess "money changers" licence, may apply for such

a licence to the Reserve Bank of India in tne prescn-

bod form and on receipt of the same he may approach

the concerned Export Promotion Council/Licensing

Authority for approval.

(in,) Bank certificates indicating the number and

dai* of the relevant sale voucner/casD

memo, and showing receipt and surrender to

the Indian Exchange Control of the relevant

foreign currency traveller's cheques/crossed

on foreign banks. (In the case of personal

cheques on foreign banks, the bank should

also certify that the proceeds of the cheques

have been realised in foreign exchange at

per the Exchange Control Regulation!);

and

(4) The iriinimiini annual sales that an approved

jeweller will be required to make to foreign tourists

against realisation of payment in foreign exchange

would be equivalent of Rs. 50,000/-. At the time of

seeking approval, the Registered Exporter (Jeweller)

will furnish an undertaking to the approving authori-

ty concerned at the ports to the effect that (i) a

minimum sale to foreign tourists to the value of

Rs. 50,000/- would be effected during the next twelve

months and (ii) m the event of cancellation, intona-

tion will be sent by him forthwith to the approving

authority concerned.

(iv) A statement of the sales giving details of

sale voucher/cash memo, its number and

date, description of the articles sold specify-

ing the material of which they are made, the

value in rupees of foreign exchange surren-

dered, the date of surrendering of travel-

ler's cheques/foreign bank drafts/personal

cheques and date of realisation of foreign

exchange in the case of personal cheques, as

per specimen profonna at Aanexure XHI of

Appendix. 10.

(5) If the minimum level of sales is not reached

within the prescribed period of one year or if the

authorised "money changers" licence is withdrawn

during the period for any reason, the concerned

Registered Exporter (Jewellery) will cease to be enti-

tled to ta" replenishment admissible against tales to

foreign tourists.

(5) Payment on inch salw, made through credit

cards issued by Diner's Club and American Express

kHoraatloaal will also be eligible for import replenish-

ment under this policy subject to the terms and

conditions laid down in this para and oo evidence

of receipt of foreign exchange through authorised

banking channel.

£xport ol Gem and Jewellery

(6) Department of Commerce and/or Chief Con-

troller of Imports and Exports may withdraw the ap-

proval given by the approving authority at ports with-

out assigning any reason and recommend cancellation

of the licence issued by the Reserve Bank of India.

(7) In respect of the sale of gem and jewellery

items to foreign tourists in India, against foreign cur-

rency/travellers cheques, the following procedure is

to be adopted by the registered approved jewellers:—

77. Exporters of Gem & Jwellery will be required

to produce the same documents as other exporters, ex-

cept that such exporters will, in addition, be required

to produce a copy of the invoice duly attested by the

Customs. In the case of exports on consignment

basis, the bank certificate in receipt of foreign ex-

change should be furnished in the form appearing in

Annexure IX in Appendix 10 of tfus Book.

Sale to foreign tourists of Gem and Jewellery Hems

(a) Registered approved jeweller will be requir-

ed to maintain printed, serially numbered

voucher books, the particulars of which

should be notified in advance to the approv-

ing authority. A specimen voucher is in Ap-

pendix 10 (Annexure XTV).

(b) Each sale voucher will be in quadruplicate

showing details regarding the name and

nationality of the tourist, his/her passport

number, description of the gem and jewel-

lery items sold, the sale value in foreign ex-

change and the rupee equivalent details of

the foreign currency traveller cheques given

by the tourist.

(c) The original sale voucher should be handed

over to the tourist for being given to the

Customs authority at the time of his depar-

ture from India.

78.(1) A Registered Exporter (Jeweller) who

possesses an "Authorised Money Changers" licence

issued by the Reserve Bank of India and is approved

D> the Export Promotion Authority at Bombay,

Calcutta and Madras and by the licensing authority at

other ports will be eligible to apply for grant of reple-

nishment licence against sale of gem and jewellery

Items made to foreign tourists, where payments are

received in the manner permissible under the autho-

rised money-changer's licence. In the case of

cheques drawn on bank outside India, a certificate

from the authorised dealer in foreign exchange to the

effect that proceeds of the cheque have been realised

should be producd. In all other cases, a certifLcat*

that the cheques/amounts have been surrendered to

the Indian Exchange Control would be sufficient

(d) The duplicate copy of the sale voucher will

be handed over to the tourist for his own

use.

(e) The triplicate copy of the sale voucher will

be sent by the jeweller along with the ap-

plication for replenishment licence at ths

time of Its submission.

(f) The fourth copy will be retained by the

(2) The Registered Exporter (Jeweller) who had

been previously approved prior to the date of the

devaluation and who still possesses the "Authorised

Money Changers" licence, would be considered as

"approved" for the purpose of claiming replenishment

in accordance with thew provision*.

jeweller for his record.

ADVANCE/IMPREST LICENCES

(8) The approved jeweller will be required to main- tain a register containing the following particulars :—

(i) Serial Number; (ii) Number of the sale voucher; (iii) Date of sale; (iv) Name of the foreign purchaser;

(v) His/her passport number;

(vi) Description of the item sold;

80. The Import-Export Police 1983-84 provides for the grant of advance Licences and Imprest Licenc- es. The term "Advance Licence" is used only in cases where the import is allowed to be made under Duty Exemption Scheme (Appendix 19 of the Import Policy) whereas the term "Imprest Licences" has been used where import is allowed outside the Duty Exemption Scheme,

Imprest Licences

(vii) Value of rupees; (viii) Equivalent foreign exchange surrendered;

(be) Name of the Bank in which foreign currency

travellers' cheques deposited;

(x) Date of deposit; and

(xi) Remarks.

The Register will be open to check by Government.

(9) Payments on such sales made through credit cards issued by Diner's Club and American Express International will also be eligible for import repleni- shment under this policy subject to the terms and con- ditions laid down and on evidence of receipt of foreign exchange through authorised banking channel.

(10) Import applications should be made to the licensing authority concerned within the prescribed period after receipt of payment in foreign exchange. Import replenishment in such cases will, however, be related to the date of sale. The application should be accompanied by the following documents :—

(i) Bank Receipt/Demand Draft of the pres-

cribed amount towards the application fee.

(ii) Triplicate copies of sale vouchers giving full description of tho items sold, their \alue in Indian rupees, particulars of foreign tourist, his/her passport number, mode of payment and amount of foreign currency traveller's cheques.

(iii) Bank certificate hi original evidencing receipt of foreign exchange from sales to foreign tourists against travellers' cheques.

81. (1) Applications for import licences will be considered against an export order and also hi cases where the exporter has been a regular exporter during the last two licensing periods and requires imported inputs for export production, even if he has no ex- port order readily in hand.

(2) Ordinarily an export order will be regarded as a firm order if it is backed by an irrevocable letter of credit or substantial advance payment. But appli- cations for execution of other types of firm export orders with different modes of payment such as sight draft/D.A. basis, may also be considered.

(3) In the following types of cases, the licensing authority will obtain prior approval of the Chief Con- troller of Imports & Exports, New Delhi before issu- ing the import licence :—

(i) Where any of the items sought to be import- ed appear in Appendix 4 of the import export policy, 1983-84.

(ii) where the export product and the items of import are as per Appendix 17 of import- export policy, 1983-84 but the value of the imprest licence applied for a higher than that permissible at the rate of import re- plenishment indicated against the relevant export product in Appendix 17 of the im- port policy;

Export of Films (exposed)

79. Exporters of cinematographic films (exposed) TV films, news films and still news photos will be required to produce th£ following documents :—

(a) Bank certificate showing realisation of foreign exchange and indicating the parti- culars of the goods exported in the form appearing in Appendix 10, Annexure IX. (Where an exporter obtains advance/imr prest licence, the Bank Certificate in the prescribed form should be produced along with the evidence for discharge of export obligation).

(b) Invoice duly attested by the bank.

(iii) Where the export product appears in Appen- dix 17 of import-export policy, 1983-84 and the applicant seeks to import an item appearing in Appendices 3, 4 or 6 of Im- port-Export Policy 1983-84, but which does not appear in column 4 or 5 hi App- endix 17 against that export product; or which is sought to be imported for a value higher than that permitted in cols. 4 or 5 in Appendix 17 against the relevant export product;

(iv) Where the export product does not appear in Appendix 17 of the import-export policy, 1983-84, and the applicant seeks to import an item appealing in Appendices 3, 4 or 6 of Import-Export Policy 1983-84 but the value added in the export deal is less than 75%; and

(v) When the item to be imported is canalised for Import in the Import-Export Policy, 1983-84 and does not appear in Cols. 4 or 5

in Appendix 17 against the relevant export product.

(4) No application for imprest licence will bo entertained against exports of cinematograph film (exposed).

(5) Applications for Imprest Licences should ba made to the regional licensing authorities concerned in the prescribed form given in Appendix 10 (Anne- xure XV), supported by the following :—

(i) Bank Receipt/Demand Draft of the requi- site amount towards payment of application fees;

(ii) A certified copy of the export order and the letter of credit, wherever available (where the application is against an export order);

(iii) The description, quantity and f.o.b value of the products to be exported and the f.o.b. value of exports of the same products made in 1981-82, and 1982-83 (where there is no export order);

(iv) A certificate of a professional independent Chartered Engineer (or Chief Technical Officer incharge of production/Chartered Accountant or Cost Accountant, as the case may be), listing the items for import and the quantity and value of each item required, in cases where the product to be exported, the items of import or the value of the Imprest Licence applied for, do not conform to Appendix 17 in toto.

(v) A copv of the Reserve Bank of India's approval to the payment terms, in the case of export made on deferred payment basis.

(vi) For import of components by DGTD units subject to phased manufacturing programme, the provisions made in Chapter 20 of the relevant import policy will apply.

(6) Where an Imprest Licence has been issued without an export order, the second licence will not be issued until the export obligation against the first licence has been discharged or an export order has been since procured and the obligation is got attached to the order. The regional licensing authorities will not also ordinarily issue an Imprest Licence to an applicant having outstanding export obligations against two or more earlier Imprest/Advance licences, with- out the specific approval of the Chief Controller of Imports and Exports, unless (a) export order is supported bv irrevocable letter of credit or (b) the export order has been received from a Government on a public sector organisation abroad for in Tndia¹ in the case of TRRD/TDA aided projects or bilateral/ multilateral aided projects or (c) the applicant is a public sector enterprise or is an export house holding a certificate which has been issued for the full period of three years.

(7) Where on Imprest Licence has been issued for 9 value less than the admissible replenishment, the "applicant can claim import licence for the balance amount after the export against the firm order, in question, have been made and the export bond redeemed provided there is no condition to the contrary on the licence issued Ordinarily the expor- ters are expected to file a consildiated separate application covering all excess exports made in one licensing period—over and above the bond obligation in respect of a particular Imprest Licence. But this may be waived by the concerned licensing authority for reasons to be recorded in writing in each case. The application in such cases should be made within a period of three months from the date of redemption of the connected export bond.

(8) Applicants are advised to state clearly in the application the specific period of delivery agreed upon with the overseas buyer for executing the export order. This will help in the appropriate disposal of the application and also to determine the period suitable for the discharge of the export obligation. Unless otherwise regulated in this manner, the licence, holder will be required to fulfil the export obligation within a period of six months from the date of import tation of the first consignment against the Advance Licence.

(9) Exports made prior to the date of importation of the first consignment but after the date of the appli- eatisn for Imprest Licence may also be considered towards the discharge of export obligation. In such cases, however, the material(s) imported against the Imprest Licence (or advance licence issued under earlier policies) and not used in the manufacture of goods exported for the execution of the relevant ex- port order, can also be used for export production for execution of further export orders or for domestic production in licence holder's factory. If these goods are to be used in some other manner or sought to be transferred to another party, the licence holder should obtain the prior written permission of the licensing authority concerned giving adequate fustifl- cation for not being able to use the said materials for export production.

(10) Before clearance of the first consienment or before obtaining supplies' of the goods against a Re- lease Order as the case mav be. the applicant wffl be required to execute a bond with bant guarantee in the Drescribed form for an amount equal to 50% or 25% in the case of manufacturer-exporter in the small-scale sector of the c.i.f. value of the licence/ release order (or for an amount equal to the customs duty payable, whichever is higher) for fulfilling the export obligation. Specimen Bond Form appears in Appendix 23.

(11) In the following types of cases, the licensing authority may accept a legal agreement in lieu of bank guarantee:—

(a) In the case of manufacturer-exporters who have been exporting therr products during the last two years; or

(b) In cases where the value of Advnnre/ Imprest Licence Is Rs 5 LnVhf or nbove whethrr the apnUcant Is a merennnt or " manufacturer or R". 2.5 lnkhs or above in the case of manufacturer-exporters in the small scale sector).

(<:) in me case ot manufacturer-exporter! ID the

public sector.

Note : (1) It will be open to the licensing authority to call for a bank guarantee even m cases of the types referred to in (a) and (b) above having regard to the nature of the item(s) sought to be impoted against the licence(s).

(2) It will also be open to the licensing autho- rity to ask for a bank guarantee in the case of new exporters and exporters which have not been regularly established in export trade to the satisfaction of the licensing authority.

(3) It will further be open to the licensing authority to grant imprest/Advance licence for lesser value at a time, within the value applied for, depending upon the nature of the item(s) to be imported, the standing of the exporter in the export trade, as also in industry, and other relevant considerations.

(12) The bond amount will be liable to forefeiture in the event of the non-fulfilment of tho export obli- gation within the prescribed time-limit. This will be without prejudice to the adjustment of excess licens- ing against the licensee's future A.U., R.E.P., and other licences, de-registration and any other action that may be taken against the lisensee or any other person under the Imports (Control) Oder, 1955, as amended.

(13) The licensing authority concerned may on the merits of the case, grant extension of time upto six months for the fulfilment of the relative export obli- gation. For further extensions, however, the appro- val of the Chief Controller of Imports and Exports, New Delhi should be sought by them.

(14) As evidence of the fulfilment of the export obligation and for the redemption of bond, the licensee will be required to submit the game docu- ments as are to be produced for claiming replenish- ment licences against past exports under the Import policy for Registered Exporters. (The same export can also be utilised separately towards the discharge of export obligation imposed on Capital Goods licence, or Industrial Licence or approval of Foreign Collabora- tion.)

ADVANCE LICENCES

82. ( 1) The details of the Duty Exemption Scheme arc given in Appendix 19 of the Import-Export Policy 1983-84.

(2) Applications for Advance Licences nnder the Scheme should be made in the prescribed fonn as Riven in the Import-Export Policy 1983-84, to the regional licensing authority concerned. Simultaneously, the applicant should send copies of the application to the Chief Controller of Imports & Exports (E.P. II Sectibn), DGTD, New Delhi (Import and Export Policy Cell) and Deputy Secretary (Draw Back), Department of Revenue and Banking, Jeevandeep Building, Sansad Marg (Parliament Street), New Delhi. The advance licence wi£ be toned by the licensing authority concerned on the basis of the deci- sion taken by the Advance Licence* Committee in the office of CCI&E. New Delhi

(3) An advance licence will be subject to a suitable export obligation. Where the application for the licence is made against an export order the f.o.b of such order will form the basis for determining the export obligation. Where the applicant does not have an export order, the export obligation wiU be fixed on the basis of approximate unit f.o.b. price of the latest export of the same product by the same applicant.

(4) The licensing authority issuing the advance licence will also issue the connected duty Exemption Entitlement Certificate. The certificate will be issued in two separate parts—one for imports and the other for exports.

(5) In cases where the relevant input/output norms relating to an export product have been ap- proved by Advance Licences Committee and the same exporter desire* to have the benefit of duty exemption on the basis of the same norms for export production for the same product, he may apply for another ad- vance licence (based on tn export order in hand or otherwise) and also for the grant of the connected Duty Exemption Entitlement Certificate to the regional licensing authority concerned, with a copy of the appli- cation and tiw supporting documents to the Chief Controller of Imports & Exports (EP-II Section) New Delhi, Director (Drawback), Ministry of Finance (Department of Revenue), New Delhi In such cases, the Hcenflmg authority will issue the advance licence and the Duty Exemption Entitlement Certi- ficate and inform the Advance Licences Committee expost- facto. In such cases also, the Chief Controller of Imports & Exports may, where considered necessary, direct any regional licensing authority to take prior approval of the Advance Licences Committee, for the grant of the Advance licence.

(6) Befor© clearance of the first consignment of the goods against the advance licences or before obtaining supplies of the Roods against a Release Oder, as the case may be, the party shall be required to execute an export bond (vide Appendix 38) with the licensing authority concerned. This wffl be a Combined export bond both for the propose of custom duty exemption and for TTC purpose. The provisions made to sub- paras (TO). (11> and (12) of para 81 above will apply in such cases.

(7> Where an exporter ha* obtained an advance Hcenee, the exports made by him from the date of receipt of the advance licence application by the licens- ing authority, may be accepted towards the discherce of the export obligation provided the exports are other- wise acceptable and have been duly endorsed by the customs authority In the relevant Doty Exemption Entitlement Certificate. This faculty cannot be claimed by an exporter as a matter of right.

(#) Where the export obligation against and ad- vance licence has been fulfilled in part before the im- portation of the first consignment against the advance licence, the licensing authority may accept the com- bined¹ esport bond referred to tn sub-para (6) abov"

for a correspondingly reduced value, so that it re- presents only the unfulfilled part of the export obliga- tion. The reduced obligation for which the export bond may be taken in such cases will be decided by the licensing authority in consultation with the cus- toms authorities concerned.

_r (9) Where the applicant is entitled to duty exemp- tion for a canalised item, it will be open to him to either import that item directly or Ret an Advance Release Order for obtaining supplies of imported mate- rial from the bonded stocks of the canalising agency concerned,

(10) The licensing authority may. on request, enhance the value of the advance licence where such enhancement becomes necessary on account of higher freieht or upward variation in the exchange rate, pro- vided such enhancement in the value of the advance licence does not reduce the value added below the minimum prescribed level

(11) Where the value of advance licence falls short resulting from an adverse foreign exchange fluctuation, the customs authority mav not insist on the licence value being increased on this account

(12) Requests for extension in the period for the discharging of export obligation upto six months mav be considered by the licensing authority concerned. Further extension will he considered by the Advance Licences Committee. (Detailed policy is contained in Appendix—19 of import policy).

(13) If an exporter fails to discharge the export obligation during the period initially stipulated for this purpose and the extensions granted, he shall also be liable to pay the amount of customs duty that was exempted on the import together with the interest @ 18% on the amount of customs duty payable, from the date of clearance of imported goods to the date on which the amount of customs duty n refunded by him. This pavment of interest will be without preju- dice to any other action that may be taken in this be- half. " ~T ^"P^r

CONSOLIDATION OF EXPORT CARGOES

83. The procedure to be followed by exporters in cases where individual export consignments are con- solidated for exports through recognised cargo agents, is given in Appendix 34,

EXPORT OF SPARES AS FREE REPLACEMENT

DURING WARRANTY/PERFORMANCE GUARANTEE PERIOD

84. (^^ Exporters of machinery nnd equipment will be allowed to export spares of the machinery/ equipment exported a* free replacement if the follow- ing conditions are fulfilled :—

(i) The spares in question are being supplied to foreign buyer of machinery and equipment during the warranty/performartce guarantee 'vrJod:

(ii) The total value of spares implied free nf chargo does not exceed 2 5% of the f.ob value of the machinery /equipment exported;

43—2 Commerce/83

(iii) Spares under this provision can be supplied either with the main equipment or subse- quently;

(iv) If the spares are supplied along with the main equipment, the particulars of such spares should be indicated in the exporter's invoice, Shipping bill and ORI form. It will not be necessary to indicate the particu- lars of such spares in the bank certificate which is furnished by the exporter to the licensing authority for obtaining benefits; and

(v) The export of such spares will not qualify for REP benefits under the import policy for Registered Exporters. Also the value of such spares will not be set off against the REP entitlements of the exporter.

(2) Where the spares under this provision are sup- plied at a time subsequent to the export of the mam equipment/machinery, the exporter shall produce evidence to the customs authorities to the effect that the spares are being supplied during the warranty/ performance guarantee period. The exporter shall also furnish a declaration to the customs authority at the time of exporting the spares that the total value of spares already supplied in free replacement in rela- tion to the same machinery /equipment and the value of spares presently being supplied does not exceed 2.5% of the f.o.b. value of the relative machinery/ equipment.

(3) Where the value of spares supplied free of charge exceeds 2.5% of the f.o.b. value of the main equipment, the exporter has to obtain prior permis- sion of the Reserve Bank of India. In obtaining such permission of the Reserve Bank of India, the exporter should also indicate to the Reserve Bank the value of spares already supplied free of charge in relation to the same equipment/machinery and also the total f.o.b. value of the equipment/machinery exported,

(4) The exporter will not be required to obtain any prior permission from the licensing authority for export of such spares unless the spares are such aa require an export licence under the Export (Control) Order, 1977.

(5) Requests for export of spares not covered by the above provisions will also be considered on merits to enable exporters to meet their requirements of after-sales service/warranty obligation or for execution of projects undertaken abroad. The permission for export granted in such cases shall be subject to the conditions as may be laid down.

AD HOC LICENCES TO CONSULTANCY FIRMS/ CONSTRUCTION AGENCIES/DESIGN ENGI- NEERING FIRMS

85. Applications for the grant of ad hoc licences hi favour of such firms may be made in the prescribed form as given in Appendix 10 (Annexure XVTIT) to the regional licensing authorities concerned.

PURCHASE OF MOTOR VEHICLES ABROAD

BY INDIAN CONTRACTORS

86. Indian Contractors, undertaking turn key/con- s'truction contracts abroad may seek the approval of the Reserve Bank of India to the purpose of motor vehicles overseas, as part of their project activities. In order to regulate such purchase, the following condi- tions would be followed :—

(I) Only the minimum number of cars/vehicles may be purchased abroad, after exploring fully the possibilities of utilisation of Indian cars;

(U) Entire cost of the cars/vehicles should be met out of the funds receivable on account of the services segment of the contract (and not out of the value of Indian supplies which is required to be remitted in full to India);

(iii) Cost of foreign cars/vehicles so paid out of foreign exchange earnings should be reflect- ed fully in the statements of operations on the foreign currency bank accounts opened in connection with execution of the parti- cular contract with Reserve Bank's approval and supported by other appropriate docu- mentary evidence;

(iv) Import of such cars/vehicles purchased abroad into India, after completion of the particular project/contract, should be sub- ject to the import policy, as in force from time to time; and

(v) In case such cars/vehicles purchased over- seas are sold abroad, the sale proceeds should be fully remitted to India through normal banking channel and bank certifi- cates in support there of submitted to tho Reserve Bank.

PACKAGE SERVICES BY TRADE DEVELOP- MENT AUTHORITY

87. The details of 'Package of services' rendered by Trade Development Authority to its clientele are reproduced in Appendix 14.

CLASSIFICATION/RE-CLASSIFICATION OF EXPORT-PRODUCTS

88. Suggestions for classiflcatlon/re-classificatlon of export products can be made to the Chief Controller of Import & Exports (E.P. Cell), New Delhi, through the Export Promotion Council/Commodity Board concerned, with full justification, supporting data with i regard to rate of import replenishment and the im- ported materials required for use in its manufacture.

IMPORTS THROUGH AIR INDIA/INDIAN AIRLINES

89. The procedure for debiting the amount of air freight to import licences where imports take place through Air India/Indian Airlies, is given in Appendix 31.

CHAPTER V

CAPITAL GOODS

Eligibility

90. An application by an Actal User (Industrial) ior Capital Ooods for the manufacture of items covered by the Industries (Development and Regu- lation) Act, 1951 will be entertained only after the letter of intent has been issued by the Ministry of Industry, New Delhi. The import licence for Capital Goods, may also bo issued, if otherwise admissible, in anticipation of the conversion of letter of intent into an industrial licence,

91. In the ca^e of undertakings exempt from the provisions of the Industries (Development and Regu- lation) Act, 1951 applications will be entertained with a declaration only from the applicant to that effect, quoting the number and date of the Govern- ment Notification in support of such exemption,

92. Every application shall be accompanied by a photostat copy of the industrial licence, letter of intent or registration certificate, as appropriate.

93. Where the letter of intent or the industrial licence stipulates that no import of plant and jiachi- nery shall be allowed, applications for import of machinery for modernisation, replacement, safety testing, pollution control and quality control equip- ment only may be considered in accordance with the policy m force in this regard, provided the import of such equipment does not add to licensed approved capacity.

94. In cases where tho import of Capital Goods is arranged under foreign collaboration, the application should be accompanied by a photostat copy of the relevant Government approval, the text thereof and citing the particular clause under which the import is •ought to be mad*.

95. (1) Import of Capital Goods appearing in Appendix 2 of Import-Export Policy, 1983-84, will be allowed to Actual Users under Open General Licence, subject to the conditions prescribed therein.

(2) Actual Users (Industrial) can import jigs, fix- tures, moulds (Including moulds for die casting^ parts of moulds and press tools under Open General Licence, subject to the conditions laid down in the Import- Export Policy, 1983-84.

96. (1) Subject to the provisions made in the rele- vant Import-Export Policy and in this Chapter, appli- cations for import of Capital Goods would be consi- dered on the basis of the essentiality for import certi- fied by the sponsoring authority concerned, the clear- ance from indigenous angle given by the DGTD or other technical authority concerned and availability of foreign exchange resources to finance the import.

(2) All licences issued for import of Capital Goods/ HEP shall be subject to Actual User condition. The licence will indicate both value and quantity of goods as limiting factor.

Submission of applications

97. (1) Applications for import of Capital Goods

may be made m the following manner :—

(i) Where the c.i.t value is upto Rs. 20 lakhs, it should be made to the regional licensing authority within the area of whose jurisdic- tion the beneficiary factory or institution is located.

(ii) Where the c.Lt value is above Rs. 20 lakhg and upto Rs. 50 lakhs, the applica- tion should be made to the Chief Control- ler of Imports and Exports, New Delhi.

(iii) Where the cLt value is more than Rs. 50 lakhs, the application should be made to the Secretariat for Industrial Approvals, Ministry of Industry, New Delhi. (Copies of such application need not be endorsed to CCI&E). (iv) The above provisions apply to all public sector enterprises, except to the extent paras 101 and 102 below apply to them. (2) Applications from Actual Users' (Industrial), for import of machinery of a value not exceeding Rs. 2.0 lakhs (cif) may be considered by the regional licensing authorities concerned without the recommen- dation of the sponsoring authority. This will, however, b© subject to indigenous clearance being obtained.

98. (1) An existing unit applying for import of machinery for replacement, balancing, or modernisa- tion or for normal operations can make one applica- tion in six months. In the second half year, the application should be made not later than the end of February. In cases where the licensing authority is satisfied about the need, a third application may also be entertained in the same licensing period. However, in the case of major projects under construction, applications made more frequently will also be consi- dered. Similarly, applications can be made more fre- quently to meet an emergency situation like break- down, or in response to a specific foreign credit or against surrender of R.E.P- entitlements.

(2) Newspaper establishments can make two appli- cations in a year any time before the end of February, 1984.

(3) In cases where an industrial unit is engaged in the manufacture of more than one end-product, having separate industrial licence or registration for each such end-product, the normal procedure that II may apply once In six months will be applicable to the machinery required for each end-product.

99. (1) in cases where electronic items, including facsimilte equipment, exceeding a c.i.f. value of Rs. 5 know or manne equipment, irrespective of value, are sought to be imported, prior clearance of the Deptt. of Electronics, New Delhi shall be necessary. Applicants are, therefore, advised that while sub- mitting applications to the licensing authorities con- corned they should simultaneously send a copy of their application to the Department of Electronics, giving full particulars of the above electronic items.

(2) Where Capital Goods to be imported for paper, sugar, steel, aluminium and cement industry include control and industrial electronic equipment/Sub- system a specific clearance of the Deptt, of Electronics (in consultation with DGTD) would also be necessary before allowing import.

Project Approval Board

100. Composite proposals, that is to say, those hav- ing more than one approval, including import of Capi- tal Goods, will be considered by the Project Approval Board hi the Secretariat for Industrial Approvals. The application in such cases should be made to the Secretariat for Industrial Approvals (Co-ordination Section), Ministry of Industry.

101. (1) Investment hi public sector enterprises (related to the setting up of a new project or subs- tantial expansion) upto Rs. 5 crores will also require the approval of the Project Approval Board to indus- trial licence, foreign collaboration terms, if any, and Caputal Goods import. Such applications should be made to that Secretariat first.

(2) For all new projects under implementation in the public sector, the import applications for Capital Goods even upto Rs. 20 lakhs in value, should be made to the Chief Controller of Imports and Exports, New Delhi, and not to the regional licensing autho- rities concerned, provided foreign exchange to cover the import has been released by Government in favour of the project. The project authority should also take indigenous clearance from the DGTD for the items sought to be imported.

102. If such investment exceeds Rs. 5 crores, the application should be submitted to the Chief Control- ler of Imports and Exports, New Delhi only through the administrative Ministry concerned after getting necessary clearances, including the allocation of foreign exchange.

103. Composite proposals relating to Fertilizer Projecta may be, however, submitted to the Special Committee of Secretaries on Fertilizer Projects, De- partment of Chemicals and Fertilizers, New Delhi, instead of the Project Approval Board.

Import of Capital Goods for Research and Develop- ment Projects

104. It will not be necessary to obtain industrial licences for import of Capital Goods for research and development purposes.

Heavy Electrical Plant

105. Applications for import of heavy electrical plant and machinery, including cognate equipment and materials essential for power plants (generation or transformation of electric power), should be made in the prescribed C.G. form through the Central Electricity Authority, New Demi, to the licensing autho-, rity concerned as in para 97 above. In the case of C.G. requirements of State Electricity Boards/Undertakings/ projects, the applications should also be accompanied by a declaration from the State Electricity Board/ Undertaking/Project that foreign exchange has been allocated for the purpose. In such cases, indigenous clearance will be obtained by the Central Electricity Authority form D.G-T.D. either in respect of indivi- dual applications or as package clearance for items generally required by this sector.

Actual Users (Non-Indnstrlal)

106. (1) Applications for import of machinery from Actual Users (Non-Industrial) may also be con- sidered by the licensing authorities referred to in para 97 above. Such applications will be considered on the recommendation of the State Director of Indus- tries or any other appropriate authority in the State or the Central Government, concerned with the appli- cant. Applications should be made in the form pres- cribed for Actual Users (Non-Industrial) in this Book, unless otherwise provided- While dealing with these applications, the availability from indigenous angle, the essentiality for import, the availability ot foreign exchange for the purpose and other relevant consi- derations will be kept in view.

(2) Applications for import of construction machi- nery will be considered from construction agencies. The applications should be made in form 'E' (CO) and addressed to the Chief Controller of Imports and Exports, New Delhi. The applications should be made through the State Director of industries who will make his recommendation in consultation with the concerned department of State Government. The applicant should also indicate the country from which the equipment is sought to be imported.

(3) Applications for import of studio equipment may be considered from mm studios and film process- ing laboratories on the recommendation of the State Director of industries or National Film Development Corporation. Applications should be made to the licensing authorities referred to in para 97 above.

(4) Applications from the units engaged in chemi- cal analysis and testing of the products manufactured by other Industrial units, will be considered for the import of essential machinery, machine tools and equipments which are not produced indigenously. The applications should be made to the regional licensing authorities concerned hi the prescribed form through the State Director of Industries. The Director of Industries should obtain indigenous clearance from the DGTD, New Delhi, before recommending a licence.

Copta of C.G, Application

107. Copies of all CO. applications should be sent by the applicant simultaneously to the sponsoring authority concerned.

Computer systems (and their Initial spares)

108. (1) Chapter 5 of the Import-Export Policy, 1983-84 provides that all computer systems, irrespec- tive of value (including those to b© imported against REP licences) require prior import clearance of the Department of Electronics. All Actual Users have to apply through the Department of Electronics (compu- ter Directorate), Lok Nayak Bhavan, Khan Market, .New Delhi, which is the sponsoring authority for the import of computer systems. Based on the clearance given by that Department such cases will be dealt with at under:—

(a) Applications from Actual Users will be dealt with in accordance with the procedure laid down in para 97 above.

(b) Actual Users (Non-Industrial namely R&D units etc. covered by para 48 of the Import- Export policy, 1983-84 will be allowed to import computer systems with initial spares under Open General Licence, if otherwise admissible; only on the basis of the prior import clearance obtained by them from the Department of Electronics.

(2) Import of computer system may be allowed to export-oriented units subject to export obligation in the following manner :—

(a) Where the applicant undertakes to export software of fob value equal to twice the cif value of import allowed;

(b) where an applicant imports computer system out of his own foreign exchange earnings abroad and undertakes to export software of fob value equal to the cif value allowed;

(c) in both (a) k (b) above, the applicant will be required to produce evidence to show, at the time of applying for import licence, that he has firm export orders covering at least 20% of the export obligation to be ttipulated;

(d) the export obligation will be discharged over a period of maximum five years commencing from the date on which imported computer lystem is installed. It will further be a condi- tion that the export to be made in discharge of the obligation shall be achieved hi the following manner :—

(i) By the end of the 2nd year, the mini- nrara level of export to be achieved shall be 20% of the total obligation;

(ii) by the end of the 3rd year, the mini- mum level of export to be achieved will be 40% of total obligation;

(iii) by the end of the 4th year, the mini- mum level of exports to be acbtevod will be 60% of the total obligation; and

(iv) by the end of the 5th year, the minimum level of export to be achieved shall bo equal to the total value of the obliga- tion.

(e) at the time of import of the firi-t consignment against the licence, the applicant will be required to execute an export bond in tho prescribed form; and

(f) the applicant will send half-yearly returns of the export made to the Department of Elec- tronics (Computer Directorate), Lok Nayak Bhavan, New Delhi.

(3) Applications may also be entertained for import of computer system for the purpose of enhancing/ modifying system hardware and/or software against a specific export order, with the condition that the imported computer systems shall be re-exported after the export order has been executed. In such casei imported computer systems shall not be used for any domestic work.

(4) In cases where the importer of a computer system fails to comply with the conditions subject to whkh the import is allowed, he will be liable to action under the Import &, Export control regulations.

(5) Actual Users (Industrial) should apply for im- port licence in the Capital Goods form prescribed hi Appendix 11. Other Actual Users may apply in the form given in this Book.

(6) For non-resident Indians there is also a se- parate provision in Chapter 14 of Import-Export Policy, 1983-84.

Import of Printing Machinery

109. (1) Printing machinery listed hi Appendix 2 of import-export policy 1983-84 will be allowed for import to eligible Actual Users under Open General Licence subject to the conditions laid down.

(2) Applications for import of other printing machinery should be made to the Chief Controller of Imports & Exports, New Delhi where the value of the machinery to be imported does not exceed Rs. 50 lakhi (cif) and to the Secretariat for Industrial Approval!, Ministry of Industry, New Demi where the value ex- ceeds Rs. 50 lakhs.

(3) Printing machinery imported by Projects ft Equipments Corporation Ltd. under rupee payment arrangements will be distributed to eligible Actual Users by the Projects & Equipments Corporation on the basis of Release Advice issued by the licensing authority. In such cases also import application! should be made to the Chief Controller of Imports & Exports, New Delhi, or the Secietariat for Industrial Approvals, as the case may be.

Import of tastruments, Testing machines etc.

110. (1) Applications from Actual Users for im- port of instruments, testing equipment, weighing

machines, laboratory equipment, tools and tackles etc. will be governed by the same procedure as is appli- cable to C.G. imports laid down in this Chapter,

(2) Import of scientific and measuring instruments listed in Appendix 15 of the Import-Export Policy, 1983-84 will be regulated in accordance with the pro- visions made in the import policy. Applications for import of instruments not appearing in the said Appen- dix 15 will be considered on merits on par wtih the policy and procedure applicable to Capital Goods.

(3) Institutions (Non-Industrial) requiring instru- ments for their own use may apply in the application form prescribed for them in Appendix-11.

Advertisement Procednres

111. (1) Where the value of Capital Goods re- quired exceeds Rs. 20 lakhs, the intending applicant should advertise his requirement in the manner given below, so as to enable interested indigenous manufac- turers to respond thereto first. The advertisement shall give inter aha, sufficient details of the specifications, make, model and /or other particulars of the Capital Goods concerned, the desired period of delivery and any other material factor which the applicant would like. It should state whether the connected drawings are already available or could be provided. (Only the main item should be advertised i.e. excluding accesso- ries, spares, toolings etc.)

(2) Where Capital goods to be imported incorpo- rate DC drives, programmable logic control systems, instrumentation systems, electronic weighing systems, etc. tail specifications of these items should be stated in the advertisement, so that meaningful response could be obtained from the indigenous manufacturers. Such items will not be allowed for import with incomplete specifications or under general description as part of the main mechanical plant,

112. The advertisement should be published either in the (i) Indian Trade Journal or (ii) Indian Export Service Bulletin. All correspondence in respect of the former (as a display advertisement) shall be addressed to the General Manager, Government of India Press, Satragachi, Howrah. Simultaneously, a copy of the advertisement material may be sent to the Depot Incharge, Government of India Book Depot, No. 8, K.S. Roy Road, Calcutta-1. In the case of the latter, the Managing Director, Trade Fair Authority of India, Administration Building, Lai Bahadur Shastri Marg, New Delhi, should be addressed.

113. A period of 45 days, from the date of publi- cation of the advertisement, shall be available to the indigenous manufacturers to make their offers to the (intending) applicant. Such parties should send their proposals directly to the applicant, with a copy each by Registered Post A.D. to the Directorate General of Technical Development (Co-ordination Section), Udyog Bhavan, New Delhi and the sponsoring autho- rity o£ the advertisers concerned. The serial number and date of the concerned advertisement shall be cited therein. The proposals should Rive the details of the specifications and sufficient other particulars of the items which the indigenous manufacturer is in a posi- tion to supply, the period of delivery that can bt assured, prices and other material information.

114. Other Actual Users having Capital Goods sur- plus to their own requirements which in their judge- ment is suitable to the applicant's requirements, may also send their proposals like-wise.

115. The failure to adhere to the limit set above will disqualify an indigenous manufacturer/Actual Users from further consideration/representation.

116. After a period of 45 days from the date of advertisement hag elapsed, the intending importer may apply to the licensing authority concerned for a licence to import the Capital Goods in question. (The pro-, cedure of advertisement should be repeated unless it is specially exempted in his favour by the Secretary, Department of Technical Development, if such appli- cation is not made within twelve months of that date), to the licensing authority or the sponsoring authority concerned. The import application should state the Serial Number and date of publication of the adver- tisement, offers received and their individual appre- ciation by the applicant. Reasons for rejection should be given clearly. Two photostat copies of the advertise- ment should also accompany the application.

117. (1) The advertisement procedure will, how- ever, not apply to printing machinery, Cinematograp- hic equipment, computer systems and their spares, proto-types. Capital Goods required by any Research and Development Laboratory, other scientific and re- search institution, any institution of higher education or a hospital, that is recognised by the Central or a Stale Government, as well as to the special schemes applicable to Indians returning from abroad or to Non-resident Indians/persons of Indian origin residing abroad investing in approved industrial undertakings. Advertisement procedure will also not apply to the import of second-hand (used) machinery.

(2) In the case of public sector industrial under- takings, if Government has released foreign exchange to cover the import of Capital Goods, and indigenous clearance for the items to be imported has been ob- tained, it will not be necessary for the undertaking to make advertisement before applying for import licence.

(3) The Chief Controller of Imports & Exports, New Delhi may obtain bulk indigenous clearance from D.G.T.D. or other technical authorities concerned in respect of those items of Capital Goods which are generally being cleared for import from indigenous angle. The fist of such Capital Goods is given in Appendix-45, Individual Actual Users intending ing to import these Capital Goods will not be required to advertise. They can apply for a licence in accor- dance with the prescribed procedure, but without advertisement.

Special Procedure for Import of Capital Goods In

respect of certain Industries

118. The need for reducing the overall cost of investment in industries of national priority, consistent with the requirements of offering protection to the

indigenous capital goods industry has been recognised and the following list of such propects/industries iden- tified for the purpose :—

1. Fertilisers.

2. Newsprint and paper.

3. Basic drugs.

4. Basic technical material for pesticides and

weedicides.

5. Power generation, transmission and distribu-

tion.

6. Mineral exploration, mining and benefication.

7. Petroleum exploration and production.

8. Petrochemicals upto the stage of polymers.

9. Manufacture of professional grade electronic

components.

10. Waste disposal recycling and effluent treat-

ment projects and ecological engineering,

11. Material handling projects at Ports.

12. Sugar.

13. Cement and Cement products (including

asbestos).

119. Persons undertaking projects for substantial expansion in any of the above fields may invite global tenders for all the capital goods intended to bo pro- cured, irrespective of the fact whether they are manu- factured indigenously or not. In order to afford an opportunity to the indigenous manufacturers to supply the goods, the applicant should also advertise as per the procedures laid down in Para 112 above, but should give a minimum period of sixty days for res- ponding to the advertisement. The advertisement should Indicate the items of Capital Goods conforming to IS.L Specifications, wherever applicable. Deviations will, however, be permitted in lie interest of upgrad- ing of technology directed to reducing production cost and optimisation of resources. However, the advertised specifications should not be tailored to suit only particular source(s) of supply.

120. After receipt of the offers, if any, in response

to the advertisement made as above, the project autho- rities may submit their proposals, as to the Capital Goods desired to be procured (either imported or indi- genous or Imported /indigenous) along with statement of comparison between the Indigenous and the over seas offers on the basis of landed cost i.e. c.i.f. plus duty leviable in respect of the latter- The proposals will be considered by the Empowered Committee in the Deptt. of Heavy Industry, under tho Chairman- ship of Secretary, Heavy Industry, consisting of re- presentatives of other concerned Ministries (The provisions of para 99 above will also be relevant to the consideration of such proposals), within eight weeks of their receipt in the normal course It will finalise its views/recommendations including the requisite clearance, together with source of foreign txchange as appropriate in its judgement. Tho decision will bo communicated to the Chief Controller of Imports & Exports for the issue of connected import licences. The Empowered Committee would be able to provide assistance needed by any project authority at the pre-tendering stage as well.

121. Indigenous supplies of equipment securing! orders from Indian project authories under the above scheme will be permitted to import raw materials, com- ponents, required for the manufacture of such Capital Goods without any restriction from the angle of indi- genous availability. The rate of import duty on such supporting import would not exceed that applicable to the concerned Capital Goods. The above facilities would be additional to and not in lieu of the facilities available to Actual Users (Industrial) under the general policy.

Procedure

122. Applications should be made in Form "E" (CG) along with four additional copies, plus seven copies of the list of Capital Goods along with the Bank Receipt/Demand Draft towards the payment of application fee. Besides giving the country/countries of origin, th© following information should accompany the application :—

(a) Detailed list of Capital Goods with a break- up of the individual c.i.f. value of each major item;

(b) The attested or photostat copy of the pro- forma invoice(s), in quadruplicate, of the foreign supplier(s), separately showing the amount(s) on account of (i) freight, and (ii) insurance included in the c.Lf. value(s), quoted (in the currency of the country of import of the Capital Goods applied for); or alternative source of Import; and

(c) Manufacturer's illustrated pamphlet(s). (These should be procured and furnished as far as possible to expedite disposal of applications).

123. Where the applicant proposes to seek a foreign exchange loan from an approved financial institution for meeting the cost of the Capital Goods, this should be specifically mentioned in the application. Such applicants are expected to apply to the financial insti- tution within 6 months of the receipt of the Letter of Intent.

Import of Second-hand Machinery

124. (1) Applications for import of second-hand (used) Capital Goods for a value upto Rs. 50 lakhs (c.i.f.) should be made to the Chief Controller of Im- port and Exports, New Delhi. Applications of a hig- her value should be made to the S°cretariat for Indus- trial Approvals, Ministry of Industry, New Delhi. The regional import licensing authorities will not entertain any application for import of second-hand (used) Capital Goods.

(2) In cases where second-hand (used) Capital Goods are sought to be imported, the relevant appli-

cation must be accompanied also by the following documents/information:—

(a) A certificate from a professional independent Chartered Engineer/any equivalent institute in the country from which machinery is imported, indicat- ing :

(i) name of the manufacturer of the plant and

machinery:

(li) year of manufacture;

(iii) cost of major re-conditioning/repairs, if any, caried out and the name of the firm oyet- seaa which carried out re-condltioning/ repairs;

(iv) present condition of the plant and machinery and its expected residual life. What genera- tion of technology is involved through such imports should be clearly specified; and

(v) the ci.f. value of equivalent capital goods,

if purchased new.

(b) Complete Bpedficationi of the second-hand plant and machinery and price (pro-forma invoice) together with Us photograph, if available. Break up of the price i.e., price of the capital goods, cort of dis- mantling, freight and insurance to be shown separately In the pro-forma invoice, wherever possible.

(c) The nature of performance guarantee, if any,

obtained from the supplier,

(d) Relevant information in justification of such Imports, specially the advantage that would accrue in price, and cost reduction due to early delivery of the Imported second-hand plant.

Note: For importing second-hand items of machi- nery covered by Open General Licence, re- ference may be made to the provision in the relevant import-export policy.

125. Tn crises where indigenous clearance for the Import of Capital Goods is given, but the issue of the Capital Goods licence is to await completion of financial or industrial licensing formalities or other procedural formalities, a maximum period of 24 months shall be available to the applicant from the date of such approval for their completion. Where this period is inadequate, fresh clearance will have to be sought. In such cases, a fresh advertisement win not be necessary.

126. Applications for increase in the c.i.f. value of a C.G. licence by not more than 10% on account of an escalation in price or a mere change in the model or a relatively minor specification, may be made directly to the licensing authority concerned. If any other changes are involved, the applicant should apply to the licensing authority concerned only through the sponsoring authority.

Special Committee for Technical Development Fund

127. In order to promote technological upgradatlon and modernisation, the Ministry of Industry has creat- ed a Technical Development Fund, to cover the foreign exchange requirement for :—

(a) small value balancing equipment imports, having a large impact on quality and/or quantity of output;

(b) imported technical know-how;

(c) foreign consultancy service, If required;

(d) import of drawings and designs; and

(e) any other inputs needed by industrial unit! for improving its export capability, generally or specially.

The scheme has now been extended to all indus-

tries.

128. The aggregate foreign exchange financed for any unit under this scheme is limited to U.S. $ 5 lakhs equivalent per year. Preference will be given to pro- posals aimed at quickly improving, in an integrated manner.

(I) export capability and export volume, (il) cost reduction, (iii) capacity utilisation, (iv) technology upgradation.

(v) product-mix rationalisation, and (vi) modernisation and rationalisation.

129. Application for import should be made to the Special Committee for Technical Development Fund, Department of Heavy Industry (R & I Section), Ud- yog Bhavan, New Delhi in the prescribed forms for C.G. imports, foreign collaboration, etc. and in the requisite number of copies. The restriction hi pari 98(1) of this Book will not apply to these cases. An application for Capital Goods should be accompanied by Bank Receipt/Demand Draft for the prescribed application fee. They should be accompanied by a note explaining the comprehensive modernisation scheme of the unit and how, the imported inputs will aid export development technological upgradation, capacity utilisation, etc.

130. (i) To facilitate expeditious implementation of the approved projects, the following simplification has also been introduced :—

(a) foreign exchange allocation will be simul- teneous with the approval of import and bo further procedure for seeking foreign ex- change loan will be necessary;

(b) all indigenous clearance win be given by the sponsoring authorities and in appropriate cases indigenous clearance condition would be waived;

(c) decision on applications will be given within

45 days; and

(ii) Import licences will be granted by the Regional

Licensing Office^,

131. Such applications as are not approved under trni scheme will be automatically considered for dis- posal under the normal procedure. It would not be necessary for the applicant to apply afresh.

IMPORT OF DIESEL GENERATING SETS

132(1) Applications will be considered for the grant of licences for the import of diesel generating sets of ratings above 1000 KVA. Applications for diesel generating sets in the range from above 500 KVA to 1000 KVA will, however, be considered on merits, depending upon the delivery from indigenous sources. Eligible actual users may submit their applications to the CCI&E (C.G. Cell), New Delhi, direct where the value does not exceed Rs. 50 lakhs (C.I.F.) and to the Secretariat for Industrial Approval, Ministry of Industry, New Delhi for higher value, In the manner and form, prescribed for the import of capital goods (Form 'E' CG) given in Appendix 11.

(2) Applications for import of D.G. sets upto 500

KVA will not be considered.

133. (1) Applications should be accompanied by the following additional information and documenta- tion : —

(a) Particulars of the actual undertaking or insti- tution for which the import ia sought to be made.

(b) No objection certificate from the appropriate State Authority or other Power Suppl} Authority in terms of electricity status, should be produced, in original, along with the im- port application.

(c) Ratings and other specifications, probable country of imports, c.i-f. value and delivery schedule of the Diesel Generating Set(s) proposed to be imported together with pro- forma invoices in original of the foreign suppliers.

(d) Particulars of any stand-by captive generating capacity already with the applicant for the undertaking/institutions for which the appli- cation is being made (now).

(2) Applications will be considered under the nor mal procedure but the import licence that might bo granted will be valid for a period of 12 months only with the added condition that orders shall be placed with the suppliers within the first six months only.

(3) Manufacturer-exporters may be allowed to im- port diesel generating sets above 500 KVA against their REP licences for their own use, without reference to indigenous angle.

(4) It will not be necessary for the applicants to follow the advertisement procedure, even if the value of generating sets proposed to be Imported is more than Rs. 20 lakhs.

(5) Import of Electric Portable generators upto 3.3 KVA is banned Applications for import of higher rating will be governed by normal CG- procedure. 44—2 Commcrce/83

Import of Capital goods against REP entitlements

134. (1) Actual Users (Industrial) may be allowed to import capital goods against REP licences in the manner indicated below :—

(2) The import-export policy, 1983-84 provide* tlmt a manufacturer-exporier may be allowed to utilise REP licence (s) issued to him against his own export* of the products manufactured by him, for the import of Capital Goods/proto-typcs, without the recommen- dation of the sponsoring authority concerned, and without indigenons clearance, provided (i) the manu- facturer-exporter concerned exported at least 10% of his production of select products in any of the two previous financial years, subject to a minimum of Rs. 5 lakhs, or the fob. value of his exports of select products during any of the previous two financial years was at least Rs. 1 crore (ii) the total of value of machinary to be imported does not exceed Rs. 20 lakhs in the year 1983-84; (iii) the machinery to be imported does not appear in the banned list in the import-export policy, 1983-84; (iv) the applicant declares that the machinery, in question, shall not result in exceeding his Ucerwed/approved capacity; and (v) the import of machinery shall be subject to 'Actual User' condition. For the purpose of eligibility to this facility, the manufacturer-exporters have to obtain ex- port performance certificated from the Export Com- missioner in the office of Chief Controller of Imports & Exports, New Delhi for which they have to apply in the prescribed form and manner on or before 3l"rt October, 1983, as laid down in Chapter 20 of import- export policy, 1983-84. Eligible manufacturer-ex- porters, after obtaining export performance certificate may approach the licensing authority concerned in whose jurisdiction the factory of the actual user Is located, with the following documents :—

(a) A certified copy of the export performance

certificate;

(b) A certified copy of the industrial licence or registration of the industrial unit concerned;

(c) A declaration, in original, that the import of the machinery applied for shall not result in exceeding the licensed /approved produc- tion capacity of the applicant unit;

(d) A statement giving the details of REP licences i.e. their number, date and value, or the particulars of pending REP applica- tions against which licences have yet to issue, against which the machinery, in question, is sought to be imported;

(e) Complete description of the machinery to be

Imported (5 copies).

(3) The Import-Export Policy, 1983-84 provides that the facility in Sub-para (2) above, will also be available to a manufacturer-exporter whose exports of select products, In any of the two previous financial years were less than the limits mentioned above, but in his case, the import will be subject to indigenoui clearance from the DGTD or the Textile Commissioner, or the Jute Commissioner, as the case may be, if the value of the machinery to be imported exceeds Rs. 1

lakh in 1983-84. Other conditions stated in (2) above will apply. Manufacturer-exporters, falling in this cate- gory may also approach the licensing authority con- cerned with the same documents as mentioned above except that, instead of export performance certificate, they should produce the original indigenous clearance obtained from the technical authority concerned In rei- pect of the machinery sought to be Imported where the Import exceeds Rs. 1 lakh in value. Before approach- ing the licensing authority, the applicant should obtain indigenous clearance from the authority concerned, fa the case of DGTD, clearance should be obtained from DGTD (Import & Export Policy Cell). Udyog Bhavan, New Delhi.

(4) In cases not covered by (2) & (3) above, i.e. where the machinery is to be imported against REP licences other than those issued on own exports of the applicant of the products manufactured by him, and/ or its ci-f. value exceeds the prescribed upper limit, the normal Capital Goods procedure will apply, if the REP licence is sought to be utilised for import of machinery/prototype. In such cases, applications for import or Capital Goods may be made in accordance with the prescribed procedure for submission of CG applications. The applicant should indicate the parti- culars of REP licence /entitlements against which the machinery would be imported.

(5) In all the above types of cases, bulking of valid REP licences win also be allowed to enable the licence- holder to consolidate their value for the purpose of machinery import under these provisions,

(6) The REP licences to be surrendered for the purpose of machinery import under these provisions should have an unutilised balance of atleast three months in their period of vadDity, as on the date on which they apply for import of Capital Goods. A CO licence issued against surrender of REP licences/REP entitlement wUl be given normal validity period as ap- plicable to CO licences.

(7) A provision has also been made in the import- export policy for issuing import licences for machinery required for the manufacture of wooden furniture, to manufacturer-exporters against their export of wooden furniture. Import applications for this purpose may be made on quarterly or half-yearly or annual basis, as the exporter may desire. These imports are not debited to the REP entitlement.

(8) The facility aUowed in sub-para (2) above, will also be available to a manufacturer, none of whose product qualifies for REP entitlement in Appendix 17, although the f.o.b. value of his exports of such pro- ducts manufactured by him during 1982-83 was not less than 25% of the book value of his production and also not less than Rs. 5.0 lakhs (f.o.b.) hi value, pro- vided the c-i. f. value of the machinery aHowed during 1983-84 Is not more than 5% of the f.o.b. value of his exports, subject to a maximum of Rs. 20 lakhs. Other conditions (1U), (Iv) and (v) laid down hi sub-para

(2) above shall equany apply".

(9) The import application should be accompanied by a bank certificate showing the description of the product exported, the date of export and the fob value. It win be necessary for the aplicant to produce re- commendation of the SDonsoring authority for this pur- pose.

(10) In the case of mabufacturcr-exportti-s of marine'

products intending to import machinery against REP entitlements, the sponsoring authority will be Marine Products Export Development Authority (MPEDA).

135. (1) The Import-Export Policy provides that Export Houses/Trading Houses may be aUowed to import non-OGL machinery upto Rs. 20 lakhs a year, subject to indigenous clearance, against their REP licences for sale to Actual Users. Export Houses/ Trading Houses intending to make use of this facility should approach the regional licensing authorities concerned for endorsement of the machinery on then- Additional licences, REP licences issued on their own exports or acquired by transfer. They should first obtain indigenous clearance from the DGTD (Import & Export Policy CeU). Udyog Bhavan, New Delhi. If the applicant has not obtained indigenous clearance from DGTD, the licencing authority will do so before aUowing import. The endorsement for import of machinery hi such cases shaU be subject to the condi- tion that the machinery shall be disposed of to eligible Actual Users (Industrial) and intimation thereof shall be given to the licensing authority and the sponsoring authority concerned Immediately after sale.

(2) The Import-Export Policy provides that Export Houses/Trading Houses may be aHowed to import Capital Goods against REP licences to enable to set up common servicing centres. Export Houses/Trad- tag Houses Intending to make use of this faculty may approach the Chief ControUer of Imports & Exports (E.P. m Section), New Delhi giving details of the machinery sought to be imported, its c.i.f. value and the particulars of the common servicing centre proposed to be set up by them. After obtaining Indigenous clear- ance from CCI&E, New Delhi, they would be required to approach the licensing authority concerned for a suitable endorsement on their Additional licence or REP licence obtained on their own exports or acquired by them, to enable them to import machinery for the purpose. Such licences shall be subject to 'Actual User* condition.

Special facilities for Indians returning from/residing

abroad

136. (1) Chapter 14 of the Tmport-Export Policy 1983-84 relates to non-resident Indians returnine home for settlement as well as those who continue to reside abroad, but wish to invest in permissible ventures In India.

(2) The import policy for 1983-84 allows non-resi- dent Indians to import machinery under OGL upto Rs. 20 lakhs (c.i.f.) in value, subject to the condi- tions laid down.

(3) Application for Import not covered under OGL, should be made in the prescribed form appear- ing in Appendix 11. Applications should be made to the Chief Controller of Imports & Exports, New Delhi, irrespective of the value involved.

(4) Those who are eligible for import of Capital Goods under the above provision may purchase the rsame from indigenous producers against payments to be made in free foreign exchange, instead of importing them. Against such supply, the indigenous producers will be eligible for import replenishment as admissible under the Import Policy for Registered Exporters and for discharge of export obligation, if any.

controller ot imports and Exports, Udyog Bhavan, New Demi (Export Obligation Cell) indicating their export performance in the torm and manner as may be prescribed by the Chief Controller of imports and Exports. Such returns shall be in addition to me returns which the unit will be required to furnish to the regional licensing authorities in pursuance of the bond/legal agreement, and to the administrative Minis- tries concerned.

Export conditions on C.G. Licences

137. Applications for import of Capital Goods may also be considered subject to export conditions as may be decided in each case, requiring the licensee to ex- port goods of a specified description and value/quantity within a specified time limit and subject to such other conditions as may be prescribed. Exports to Bhutan will not qualify for redemption of export obligation as also exports to Afghanistan and Nepal, if made otherwise than in free foreign exchange,

138. A licence issued for import of Capital Goods with an export obligation will be subject to the con- dition, Inter alia, that the licensee shall execute a bond in regard to the fulfilment of prescribed export perfor- mance. The bond should be supported by a bank guarantee for an amount equal in value to the annual obligation of exports. In lieu of a bank guarantee the licensing authority may also accept the legal agree- ment executed by the licensee to the effect that in the event of his inability or failure to export directly the goods in accordance with the prescribed expon obli- gation, he shall hand over to the State Trading Cor- poration or such other agency as the Government (in- cluding the CCI&E, New Delhi) may nominate, goods or a value equal to the difference between the stipulated annual export commitment/obligation and actual exports, and in addition, pay to the nomina- ted agency a specified amount by way of liquidated damages. The form in which the licensees will be required to give the legal agreement appears in Appn- dix 22. It may be clarified that the bond/legal agree- ment rrjiy be executed by the licensee either with the regional licensing authority under whose juris- diction the licensee is situated or with the licen- sing authority at the port of clearance of the goods to be imported against the licence. The licensee should intimate to the licensing authority issuing the C. G. licence, the name of the licensing office where he will execute the bond/legal agreement to enable the licensing authority to incorpo- rate the name of that office in the export condition imposed on the C.G. licence,

139- A Special Cell known as 'Export Obligation Cell' has been set up In the office of the Chief Con- troller of Imports and Exports, New Delhi to co-ordi- nate follow-up action in cases where Capital Goods import licences, Industrial licences or approvals to foreign collaborations are issued subject to export conditions. The manufacturing units concerned will be required to furnish periodical returns to the Chief 140. The performance of manufacturing units which are granted Capital Goods import licences, or Indus- trial licences under the industries (Development & Regulation) Act, 1951, or approvals to foreign coir laboration arrangements subject to export conditions, will be reviewed by an Inter-Ministenal Committee under the chairmanship of the Chief Controller of Imports & Exports, New Delhi and having represen- tatives of the concerned Ministries and Departments and the S.I.C., as members.

141. The exports made by manufacturers in fulfil- ment of the export obligation from 1st April, 1970 will be eligible for the grant of import replenishment licences m accordance with the import policy (or registered exporters, subject to such conditions, or restrictions as may be stipulated in this regard. "Dee- med" exports which quality for import replenish" ment m the Import Policy for Registered Exporters will also quality for discharge of export obligation.

142- Where an industrial unit is allowed imported machinery subject to an export obligation and direct import licence tor import ot machinery is not issued to the unit but the machinery is obtained through National Small Industries Corporation or any other simihar agency, the bond/legal agreement for fulfil- ment of the export obligation in such a case shall be executed by the unit betore it obtains machinery from NS1C etc. rhe import licence issued to the NS1C etc. in such cases wil bear a suitable condition to this effect.

IMPORT OF MACHINERY BY INDUSTRIAL UNITS USING MAINLY INDIGENOUS MACHINERY

143. Under Chapter 3 of the Import-Export Policy, 1983-84 there is a provision for consideration of applications for import of capital goods upto c.i.f. value equal to 10% of the purchase price of capital goods procured or proposed to be procured from indi- genous sources, provided the import does not exceed Rs. 1 crore m c.i.f. value.

144. Eligible actual users intending to make use ot the facility provided in para 143 above should submit import applications direct to the licensing authority concerned in form E (CG) supported by the follow- ing :—

(i) Bank receipt/Demand draft of the appropri- ate amount towards payment of application fees.

(ii) A copy of valid industrial licence or registra- tion certificate with the sponsoring authority concerned where no industrial licence is necessary.

(iii) Evidence regarding purchase or machinery trom indigenous sources to the extent of 9U per cent of the requirements, in support of the purchase price of the machinery al- ready procured irom indigenous sources, a certujeate from a Chartered Accountant or Cost Accountant (in practice) or a certlfl- eftte of the sponsoring authority, may bo produced.

(iv) In the. case of machinery proposed to be procured from indigenous sources, a certified copy of the contract entered into by the applicant with the indigenous manufacturers for the purchase of machinery in question.

145. As a rule, applications for import licences for lubstantial values of plant and machinery which are re- quired for the setting up of new projects or for subs- tantial expansion will be considered only against one or more of the following acceptable means of finan- cing;—

(a) Long term foreign investment in the capital

of the projects;

(b) Foreign exchange loans for the project from the Industrial Credit and investment Corpo- ration of India, Bombay and the Industrial Finance Corporation, New Delhi;

(c) Long term foreign exchange loans from fin- ancing institutions abroad as approved and announced from time to time;

(d) Imports financed by the National Small In- dustries Corporation of India, New Delhi under their hire-purchase scheme for small scale industries or financed by any other agency/company duly approved for the pur- pose by the Ministry of Finance, Deptt. of EA, New Delhi;

(e) Loans to the Government of India from foreign governments or financial institutions against which cash licences can be granted; tad

(f) Trade and Payments agreements between the Government of India and foreign countries, against which cash licences can be (ranted.

146. Applications for import licences will be consi- dered having the regard to the priority of the schemes and the method of financing proposed. As a rule, the source of financing the imports will be limited to the alternatives indicated in paragraph 144 above. If the scheme is not considered to be of sufficient priority and/or if funds available with the Government cannot be allocated, import applicaions in respect of such schemes will be rejected.

NEGOTIATIONS FOR LOANS

147. Negotiations of loans by importers with foreign financing institutions require prior approval in princi- ple of Government. Direct negotiations of loan by im- porters with foreign financing institutions require the prior approval in principle of Government. Such requests should be addressed to the Administrative Ministry concerned indicating the value of the equip- ment, the purpose for which It will be imported, the proposed country or countries of import, the value of imported raw materials/components that will be re- quired annually after going into production, and the particulars of the manufacturing licence, if any. under that Industries (Development and Regulation) Act that may be held for the project.

IMPORTS AGAINST FREE RESOURCES

148. Imports against free resources on cash or de- ferred payment basis;—When the outlay on imported plant and equipment is relatively small, and is likely to be covered by saving or earning of foreign ex- change (having due regard to the existing level of imports/exports) as a result of the implementation of the scheme within a period of three years, it may be possible to consider applications, to a limited extent, for licensing against free resources, on cash basis, or on deferred payment basis. In general, Government do not propose to encourage import on short or medium term suppliers' credit, and deferred payment arrangements will only be considered in exceptional cases when the Government arc satisfied that the sav- ings of foreign exchange resulting from the output of the plant and machinery proposed to be imported will be more than sufficient to meet the payment liability. Similarly, such arrangements may be approved if there is a satisfactory guarantee for the exports of goods for the production of which the plant is to be imported.

CHAPTER VI

CANALISATION

149. Appendices 8 and 9 of the Import Policy, 1983-84, enumerate the list of canalised items. Those Included in Appendix 9 will be governed by the poli- cies laid down by Government in the administrative Ministries concerned.

150. The following procedure will apply to the import and distribution of "specified" canalised items in Appendix 8 : —

(1) Raw silk and Silk worm

(Cocoons)

(2) Raw Cotton (3) Polyester filament yarn

excluding base flat-first quality (fully/partially oriented) and Nylon fila- ment yarn and thread excluding:

(i) Base flat-first quality (fully/partially orient- ed); and

(11) Industrial Nylon yarn

of 210 deniers and The quantum of Import above. and the policy for distri- (4) Synthetic non-cellulose I button will be laid down fibres excluding Polyster by Government from time fibre/tow, polynoslc fib- to time. res. Nylon fibre, acry- lic fibre and Polypropy- lene fiber/tow.

(5) Tallow of any animal

origin including mutton tallow,

(6) Natural rubber. (7) D. D. T. technical and

75 wdp. (8) Caprolactum. (9) Writing and Printing paper all types excluding Art & Chrome paper and board.

(10) Iron scrap Including

pig iron chip.

(11) Carbon steel melting scrap of all grade.

(12) Carbon steel re-rollable Import and distribution will

scrap of all grades. . be made In consulatlon (13) Alloy steel (including r with the Department of

stainless/heat resisting/ Steel, New Delhi. high speed steel) moling scrap but excluding re- rollablo scrap. (14) Old ships, Vessels etc

for breakup.

(15) Aluminium/Aluminium 1 The quantum of Import rods, (wrought/un- will be laid down by the wrought). Government from time to time. The Imported mato- • rial may be distributed through M/s. Bhirat Alu- minium Company Liml-

, ted (BALCO).

(16) Components/Module* "1 Tha quantum of itnpott of electronic watches, and the policy for distrl- the following:— butlon will be laid down (a) Complete electronic on the recommendation of modules for electro- the Deptt. of Electronics, nlc watches of all New Delhi. Only Industrial types, units whose tnanufactur- (b) Following compo- ing programmes have been nents of electronic | duly approved by the Cen- watches, clocks and tral Government will be time pieces (both for eligible to obtain allot- digital and analogue) V ments of imported goods (i) Large scale In- from the canalising

tcgrated circuits/ agency. Devices/chips, all types for use hi wat- ches, clocks and time pieces.

(ii) Liquid crystal

display.

fill) Quartz crystal. (iv) Stepper Motor. ,

(17) Electric components, the

following :—

(1) Floppy drives (standard/

mini),

(ii) Matrix Printers (120/

80 CPS)

(HI) Line Printers (300/600

LPM)

(iv) Winchester drives (50/

80 M Butes)

(18) Hot rolled stainless steel/ ") Actual users having

heat resisting steel coils adequate facilities to of a width exceeding cold roll such material 500mm imported for cold In coil form In the rolling. width In which It Is imported will, only be eligible.

(19) Flint Buttons

, The quantum of Import (Refractive Index ' will be decided by 1-625, 1.654 and Government from time to time, and the impor- 1.7009) ted material will be dis- tributed through M/s, Bharat Opthalmic.

. I Glass Ltd,

151. (a) In the case of copper eligible Actual Users (Industrial) may register their requirements with the canalising agency (MMTC) and the indi- genous producer, M/s Hindustan Copper Ltd., as under :—

rf.T.C.

Hindustan Copper Ltd. M.I

(1) AH Government Do- 0)

partments.

(2)

Manufacturers of Insulated Winding Wires/Strips Manufacturers of Insulated Cables.

(2) All Central/State Pub- lic enterprises, other than those under MMTC.

(3) Manufacturer* of tele- communication cables.

(3) Manufacturers of semies, alloys and auto-ancillarles.

(4) Any other users.

(4)

i Manufacturers of com- mutor segments/profiles (for silver bearing copper only).

MMTC Hindustan Copper Ltd.

(5) Manufacturers, switch- gear and Transformers,

(6) Manufacturers of Com- mutator segments/pro- Gles of non-silver bearing copper;

(7) M/s. Bharat Heavy Ele- ctrioals Ltd., M/s. New Government Electric Factory, Bangalore and M/s. Hindustan Cables Ltd.

Bbie Copper wires/strips.

(8)

(c) Hie basis of Actual consumption indicated in above, trom the MMIC/Hindustan Copper may re- gister their requirements to the extent of their certi- fied consumption in any of the two previous financial years, whichever is higher. However, in the case of large scale units, this should not enable them to ex- ceed 125 per cent of their licensed/registered capacity.

(c) The basis of Actual consumption indicated in the case of copper in (b) above, will also apply to other non-ferrous metals, viz. Zinc lead, tin and nickel,

(d) New units or existing units which had no con- sumption in any of the previous 2 years or existing Ac- tual Users as are in need of additional quantities may apply to the MMTC or Hindustan Copper Ltd., as per the above division of categories, only after their de- mands are sponsored by the concerned sponsoring authorities.

152. Save as above, Actual Users (Industrial) may register their requirements for the other canalised items needed for their licensed/authorised manufacturing activities in the manner and form prescribed in Appen- dix 12 of the Import-Export Policy, 1983-84. (Vol-

153. Each canalising agency may, from time to time, decide upon th© itemt for which it would seek additional information or clarification in terms of Import-Export Policy, 1983-84.

154. Under the Import-Export Policy, 1983-84, a canalising agency is expected to take into account the availability of indigenously produced material before imports are arranged. No person registering his re- quirements with a canalising agency will also have the right to ask for a particular brand or make.

155(1) An Actual User, whil* registering his re- quirements for allotment or a canalised item, should indicate to the canalising agency the phased pro- gramme of delivery on a quarterly basis—or monthly if so laid down by the canalising agency. The canalis- ing agency will scrutinise such registration and indicate wittun a period of 90 days, the arrangements it would be able to make for effecting supplies. In case, the canalising agency does not (a) give any such indication for a period of delivery at least three months ahead from the date of registration or (b) effect deliveries as registered with it and for which it has or could have taken financial cover as laid in the Import-Export Policy, 1983-84, the Actual User may approach the CCI&E (Monitoring Committee), New Delhi, for ap- propriate relief by way of direct imports. Direct imports may also be allowed to Actual Users, with the permis- sion of C.C.1. & E. New Delhi, on the basis of 'No Objection Certificate issued by the canalising agency or where C.C.I. & E. is satisfied that the canalising agency has not been or may not be able to supply the material for no default on the part of the Actual , j User.

(2) If an Actual User, has registered his demand with the canalising agency concerned, and the cana- lising agency does not take any effective steps to sup- ply the material within 3 months from the date the Actual User has paid the earnest money, the Actual User may apply for direct import licence to the regional licensing authority concerned to the ex- tent ot 25% of the quantity of the same material allocated to him by the canalising agency in the pre- vious financial year, subject to a maximum of Rs. 1.0 lakh in value (cif), without having to obtain "No Objection certificate" from the canalising agency. Such application for direct import licence should be accompanied by a declaration of a senior executive of the applicant firm/company giving the date of pay- ment of earnest money to the canalising agency, the description of the meterial registered and its Quantity, and stating m clear terms that the canalising agency has not taken any effective steps to supply the mate- rial within three months of the payment of earnest money. The declaration should also mention the description and the quantity of the same material allocated to the applicant firm/company by the cana- lising agency in the previous financial year. This facihty will not, however, be available for items listed in paras 150 and 151 above and for items in Ap- pendix 9 of Import-Export policy, 1983-84.

156. It may be noted that any goods, which are canalised for import under the policy in force from time to time, have necessarily to be imported only by the canalising agency designated for file particular item, unless otherwise provided—in the import policy in force. Requests for their import as gifts will be entertained by the Chief Controller of Imports & Ex- ports, New Delhi, on the merits of each case. While doing so, the general provisions set down in Chapter 16 of the Import-Export Policy, 1983-84 will be taken into consideration.

CHAPTER vn

SPECIAL PROVISIONS

Units tn the Backward Areas or those of Technocrats

157. Special facilities for industries in backward areas or those set up by graduates/diploma holders in professional subjects or by ex-servicemen /persons belonging to scheduled castes/scheduled tribes have been provided in the Import-Export Policy, 1983-84. The list of backward Areas to which this facility applies is given in Appendix 28.

Computer system and other Electronics items

158. Attention is invited to Chapter 5 of the Import- Export Policy, 1983-84 read with para " 7" of Chapter 3 thereof. In this regard, the three-tier system of licens- ing of Capital Goods stands amended. Import of every computer system has to be got cleared by the Deptt. of Electronics before the application can be con- sidered for the purposes of granting a 'Capital Goods' licence, (If the c.i.f. value of the computer system is Rs. 5 lakhs or more, there is a special procedure under that Department for clearing such imports). The applicant should send one copy of his import application to the Department of Electronics for obtain- ing clearance. Import licences in such cases will be Issued by the licensing authorities concerned after necessary clearance has been given.

(iv) Where it is proposed to import electronic items, including facsimile equipment for a c.i.f. value of Rs. 5 lakhs or more, the clear- ance of Deptt. of Electronics thereto.

NOTES : (1) In case no foreign exchange allocation has been made to cover the relevant import, the application should be routed through the Central Electricity Authority, New Delhi.

(2) After the import of goods against the licence issued as above, the Board/Project/ Undertaking should promptly send to the Central Electricity Authority, New Delhi the list of items actually imported, to enable this Authority to undertake review of the items so imported vis-a-vis indigenous avail- ability.

State Electricity Boards/Projects/Undertaklngs

(3) State Electricity Board /Project/Under- taking should also send quarterly returns to the concerned Administrative Ministry/De- partment of the State/Central Government, as well as to the Ministry of Finance, (Deptt. of Economic Affairs-FEB-II Branch), New Demi giving the details of the amount of foreign exchange so utilised, by imports of spares under O.G.L. and by obtaining licences, for the import of maintenance and operational items of stores in a particular licensing period.

(2) State Electricity Boards/Projects/Undertakings are also eligible to licences for the import of emer- gency spares, in the manner laid down in the Import- Export Policy. The licensing authority will, simul- taneously, with the issue of such licences intimate to the Central Electricty Authority, New Delhi particulars of such licences granted, to enable this Authority to coordinate and monitor the release of foreign exchange mado to the Board/Project/Undertaking concerned. (The period of validity of such emergency licences will ordinarily be six months, but the licensing authorities will, on a simple request, extend it to 12 months.)

Newspaper Establishment)

159. (1) In these cases, release of foreign exchange is made by the Govt. of India in favour of the con- cerned Board/Project/Undertaking for meeting its maintenance and operational requirements of spares and stores. This is monitored by the Central Electricity Authority, New Delhi. For import of spares, they should operate under O.G.L. as provided in the Im- port-Export Policy, 1983-84. For their other require- ment (including capital goods, upto Rs, 20 lakhs in value) import applications should be made to the regional licensing authority appropriate to the applicant, in the form prescribed for Actual Users in Appendix 11. However, there is no need for a pub- lic sector enterprise to submit the Consumption Certi- ficate or file the Income-tax declaration. The appli- cation should be accompanied by the following docu- ments :—

(i) An attested copy of the letter containing the sanction of release of foreign exchange to cover the imports sought to be made.

(ii) Five copies of the list of goods proposed to be imported (Indigenous clearance should be obtained from D.G.T.D. in respect of items appearing in the Banned lists or capital goods only);

(iii) A Bank Receipt/Demand Draft showing the payment of prescribed application fee; and 160. In the case of Newspapers, as defined by the Press and Registration of Books Act, 1867, the spon- soring authority will be the Registrar of Newspapers for. India.

161. Import and distribution of newsprint continues to be canalised through the State Trading Corporation of India. Newspaper establishments should apply for their requirements of newsprint in the prescribed form for allotment thereof given in Appendix 11.

162. They will be eligible to import permissible and non-permissible spares, as provided in Chapter 9 of the Tmport-Fxport Policy, 1983-84,

163. (1) For their operational and maintenance requirements of other materials and consumables (other than spares), they may apply for an automatic licence, based on a Consumption Certificate, in the prescribed form, duly certilied by a Chartered or Cost Accountant, who is not a partner, director or an em- ployed of the applicant firm or its associates, or by the sponsoring auhority showing the consumption of al] guch items, either for the year 1981-82 or 1982-83 as the applicant may choose in his option. The said Con- sumption Certificate should give the details of the items so consumed together with the aggregate c.i.f. value thereof. The automatic licences will carry the same list of items as those appearing in the consumption certi- ficate

NOTES : (1) The above procedure will apply irrespec- tive of the fact that the concerned items are in the Restricted/Banned lists or on O.G.L. for Actual Users (Industrial).

(2) In the case of any establishment which is in a position to furnish only the landed cost particulars, but not the c.i.f. particu- lars of the items appearing in it, the Con- sumption Certificate so certified shall be reckoned at 60% for the purpose of cal- culating the c.i.f. value on which the grant of an automatic licence would be based in 1983-84.

(2) They will also be eligible to get supplementary licences on the recommendation of the sponsoring authority. The relevant application complete with details may be made, at any time, upto 29-2-1984.

164. The above facilities for newsprint and other requirements will also be extended to Associate Presses which have entered into long term arrangements/con- tracts with the owners of newspapers for the printing of their newspapers. In such cases, the applicant should produce satisfactory evidence of such arrange- ment /contract.

165. Common ownership unit of newspapers may submit a combined application covering the require- ments of the various units owned by them, giving de- tails of the requirements of each unit Such applications should be made to the regional licensing authority within whose jurisdiction the respective Head Office is situated.

166. C G. procedure will also apply with regard to the Capital Goods requirements of newspaper establish- ments.

167. Newspapers establishments should maintain an account of consumption and utilization of imported materials in the proforma given in Appendix ISA.

After Sales Service by Actual Users (Industrial)

168 Tn terns of the Import-Export Policy, 1983-84 Actual Users (Industrial) will be eligible to get licen- ces for import of spares for the purpose of providing warranty coverage/after sales obligation to their custo- mers. For this purpose, the application for import of Spares parts should be made to the regional licensing authority concerned in the form pi escribed for Actual Users. Import licences issued under this provision will be subject to the following condition :—

"The goods imported against this licence shah¹ be used only for servicing and maintenance whether free of cost or at a price of the machinery /equip- ment/vehicles manufactured by the licencee."

Import of gas cylinders, containers etc.

169. (1) In the case of items like gas cylinders, returnable cops and bobbins, drum closures, ocean going containers etc. which are accessories to the im- ported items, the customs authorities may allow import without a licence, after satisfying themselves about the manner of their re-export.

(2) The provision in sub-para (1) will also apply to the import of empty gas cylinders which are to be re-exported after being filled with gas. At the time of clearance of the imported cylinders, the importer will be required to produce to the customs authorities a certificate of suitability of the cylinders from the Director of Explosives, Nagpur. While approaching the Director of Explosives for the required certificate, the importer should furnish particulars of cylinders, in question, indicating (i) the name and address of the manufacturer of the cylinders, (ii) specifications to which the cylinders conform, (iii) specifications to which the valves fitted to the cylinders conform and (iv) serial number of the cylinders

Import of Transformer Oil together with Power Trans-

formers

170. (1) Oil supplied for the first filling along with the transformer may be treated as part of the trans- former and its clearance allowed against licences issued for transformers. Tt may. however, be noted that the quantity of transformer oil so allowed shall not in any case exceed the capacity of the tank of the transfor- mer. Tt is also necessary to ensure that the c.i.f. value of the oil plus the c.i.f. value of the transformer should be covered by the c.i.f. value specified in the licence for transformer.

(2) Where the oil and the relative transformer are shoipped from different countries, a separate import licence would be necessary for the oil. This would not, however, apply if the licence for transformer has been specifically made valid to cover transformer oil required with it, subject to the prescribed conditions, if any, being fulfilled.

Special requirements of Approved hotel*

171. Approved hotels i.e. those which are recognised for this purpose by the Department of Tourism may submit their applications for specialised require- ments for catering to foreign tourisN to the CCI&E New Delhi, through the Deptt. of Tourism, New Delhi That Department before recommending the applica- tions, should take necessary clearance from the DGTD in respect of the items to be licensed. Licences will be issued for the amount recommended by the Deptt. of Tourism, in consultation with the Department of Economic Affairs,

IRMAC Schemt

172. (1) The Import-Export Policy, 1983-84 pro- vides for supply of imported materials off-the-shelf by the STC/MMTC/State Small Industries Development Corporation and other similar agencies in the public sector, under the IRMAC Scheme (Industrial Raw ^Materials Assistance Centre Scheme). For this purpose the public sector agency may make an application to the Chief Controller of Imports & Exports, New Delhi or a bulk advance licence to operate the scheme in tho prescribed form applicable to Actual Users, but with- out the necessity of producing any consumption certi- ficate. Applications for subsequent licences can be made to replenish the stocks already serviced.

(2) The Import-Export policy provides that CCl&E, New Delhi may allow certain Export Houses and Trading Houses to render IRMAC facilities to Actual Users. Such export houses/trading houses may also apply to the CCI&E, New Delhi for the grant of bulk import licences.

Import of Motor Vehicles

173. Appendix 6 sets out the policy and procedures applicable to the import of cars and other motor vehicles. All such applications should be made to the Chief Controller of Imports and Exports, New Delhi.

IMPORTS FOR AGRICULTURAL DEVELOP- MENT AND FOOD PROCESSING INDUSTRIES 174. (1) Tmport and Export Policy for 1983-84 contains special provisions for import of certain machi- nery and other items for agricultural development and for food processing industries. Under these provisions, applications for import of machinery, gi een nouses and other items required for agricultural development, not indigenously available, will be considered on merits, on the recommendations of the State Governments con- cerned. Applications should be made to the Chief Con- troller of Imports and Exports, New Delhi through the Department of Agriculture of the State Government. The advertisement and other Capital Goods procedure will not apply for such import. Applications will be examined by the Coordination Committee in the office of Chief Controller of Imports and Exports referred to in Chapter 19 of the Tmport & Fxoort Policy (Vol. I) for 1983-84. The Coordination Committee may con- sider such cases on the recommendation of the Export Promotion Division in the Ministry of Commerce also.

(2) Applications should be made in the form pres- cribed for the purpose in Appendix 11. A complete justification for the import soueht to be made should be given. Tn particular, it should be mentioned whether the proposed import will also contribute to exports and if so, when and to what extent.

(3) Import licences in such cases will be subject to such conditions as may be specified by the Chief Con- troller of Imports and Exports. The import shall be subject to Actual User Condition.

(4) Such applications will be considered having

regard to the availability of Foreign Exchange.

RFHABTT TTATTON OF DISABLED AND PHYSICALLY HANDICAPPED PERSONS

175. (1) Applications from Actual USTS (Indus- trial for import of machinery fitted with Special dis- 45_2 Commerce/83

ability, control/devices required for setting up an in- dustry exclusively for rehabilitation of disabled/physi- cally handicapped persons, upto Rs. 20 lakhs in value (c.i.f.) will be considered on merits. Such applications may be made direct to the Chief Controller of Imports & Exports, New Delhi. Under this provision, existing industrial undertakings can also apply for import of machinery if they wish to take up rehabilitation of dis- abled/physically handicapped persons in their establish- ment.

(2) An industrial unit applying for an import licence under sub-para (1) above will have to be registered with the State Director of Industries, as required for small scale units.

(3) Manufacturers of vehicles may apply for Import of disability controls/devices required by them to be fitted in the manufacture of vehicles for use by disabled/physically handicapped persons. Such appli- cations may be made to the regional licensing authori- ties concerned through the DGTD, New Delhi, in the form meant for import of raw materials and compo- nents by Actual Users (Industrial). Import licence to be issued in such cases will be subject to the condition, inter alia, that the vehicle manufacturer shall furnish a special production return to the DGTD of such vehicles manufactured and disposed of.

DEVELOPMENT OF SPORTS

176. (1) Applications for import of sport goods/ equipment not indigenously available, will be consi- dered on merits, from Central and State Government organisations dealing with sports, educational institu- tions universities, associations of sportsmen, sport clubs and eminent sportsmen duly sponsored and recom- mended by the Central Government or State Govern- ment department concerned.

(2) Applications may be made to the Chief Control- ler of Imports and Exports, New Delhi in the form prescribed for this purpose in Appendix 11, through the sponsoring authority concerned. Before recom- mending import, the sponsoring authority will obtain indigenous clearance from DGTD (Import & Export Policy Cell), Udyog Bhavan, New Delhi, except for items for which indigenous clearance has been given and listed in Appendix 37 of the Import and Export Policy (Vol. I) for 1983-84.

(3) Import licences in such cases will be subject to such conditions as may be specified by the Chief Con- troller of Imports and Exports with regard to the use and distribution of the imported equipment¹.

(4) Such applications will be considered having re-

gard to the availability of foreign exchange.

Import of Capital Goods/Component Parts of machi- nery required for Initial Setting up/assembly— Eligibility for concessional rate of datv

177. (t) Import licences issued for Capital Good* and connected raw materials and components remitted for the initial setting up or for substantial expansion of a project would be endorsed, as admissible, on the re- commendations of the sDonsorin^ authority concerned for availing concessional rate of duty. Before making recomrnendation, the sponsoring authority will satisfy

Itself that the case is coveted under the relevant notifi- cation issued by the Ministry of Finance in this regard. The endorsement to be made on the licence will bo as follows :—

"Project import for assessment under Heading No. 84.66 of Section XVI of the Customs Tariff Act, 1975 (51 of 1975)."

(2) It may be noted that the proper authority to decide whether a particular import is eligible to the concessional rate of customs duty as project import is the customs authority. Such authority may allow the benefit of concessional duty, where permissible, even without the endorsement of the licensing authority to this effect on the relevant import licence, on the basis of recommendation of sponsoring authority.

(3) Where import of machinery is allowed under Open General Licence, the benefit of concessional rate of duty may be allowed by the Customs Officer on the recommentation of the sponsoring authority concerned.

Import of construction equipment and other mate- rials on re-export basis

178. Applications for the grant of Customs Clear- ance Permits from Government projects/undertakings may be considered for import of construction equip- ments and other materials on re-export basis. Import in such cases will be allowed onlv subject to indigen- ous clearance obtained from DGTD, New Delhi. The Customs Clearance Permit, where issued will be sub- l et to the following condition inter alia :—

"The goods imported under the licence and not consumed during the construction work shall be re-exported on completion of the job for which they are imported or within two years from the date of import, whichever is earlier. The licensee shall execute a bond for re-export with the licens- ing authority at the port of importation."

No bank guarantee would be taken from the project authority in support of the export bond.

Import of Radio Active Isotopes

179. Requests for import of Radio-Active Isotopes should be made to the Department of Atomic Energy, Bombay.

Grant of CCPs for films to news correspondents and news-agencies.

180. Import of unexposed films, free of charge, by regular news correspondents/news agencies will be considered by the licensing authorities for issue of a CCP on the recommendation of the Press Information Bureau, New Delhi.

Clearance of Unidentifiable or Unclaimed Cargo, Excess Landed Cargo, Sweeping Etc.

181. (1) The recfanal licensing authorities con- cerned may issue Customs Clearance Permits against applications received from Steamer agents, for the clearance of unidentifiable or unclaimed cargo. Where ihe value oi¹ such gouds does not exceed Rs. 80/-, clearance may be allowed by the customs without CCP.

(2) Steamer Agents may also apply to the regional licensing authorities for the grant of Customs Clear- ance Permits for clearance of excess landed cargo. In such cases, if the value of the caigo exceeite^ Rs. 5,000/-, the CCP will be issued after verifying the bonafide of the goods from the customs concerned.

(3) Customs authorities may allow clearance with- out import licences, of bonafide sweeping (i.e. rema- nants of the bagged cargo obtained by sweeping of the sheds in the Docks) whether dutiable or not, provided :—

(i) the sweeping are all from one particular

ship;

(ii) the duty, where leviable, has been paid in full on all manifested consignments of similar goods from the ship in question, or in the case of duty-free goods, where all manifested consignments of similar goods- have been cleared by the customs.

(iii) there was no excess cargo on the particular

ship; and

(iv) it has been certified by the Port Trust Autho- rity that the sweepings are genuine and obtained from sheds in the Docks.

(4) In these cases, where the goods to be cleared are canalised for import through a public sector agency under the Import Policy in force, the clearance of the goods shall be subject to the condition that the goods shall be sold to the canalising agencies concern- ed at landed cost.

Clearance of condemned ship stores

182. The clearance of condemned ship stores shall

be regulated as under :—

(i) Clearance of condemned ships stores uptoa value limit of Rs. 2,000/-, in each case, may be allowed by the Collector of Customs con- cerned without a Customs Clearance Permit.

(ii) In cases where the value of condemned ships stores exceeds Rs. 2,000/- at a time and clearance is allowed from foreign vessels, the regional licensing authorities may issue Customs Clearance Permits without Ex- change Control copies on the basis of Cus- toms assessed value. The value of all such > Customs Clearance Permits shall be debited to CCI&E's ad hoc ceiling by the licensing authorities concerned.

(iii) In all other cases, where foreign vessels are not involved and the value of stores exceeds Rs. 2.000/-, the licensing authorities may issue Customs Clearance Permits without, exchange control copies.

Government Contracts/Stores ordered uy the Director-

General of Supplies and Disposals.

183. Special arrangements have been made to deal with applications for import licences by persons or flnns, etc., to cover goods in respect of which a con- tract has been placed on them by the Director-General of Supplies and Disposals.

184. Import Recommendation Certificate :—In such cases, the applicant should obtain from the appropriate Director of Supplies, an Import Recommendation Certificate (IRC) showing inter alia :—

(i) The number and date of the contract.

(ii) Description of goods

and country of import.

(iii) Contractual value of goods.

(iv) C.LF. value of goods.

(v) Expected period of delivery,

(vi) Name of the Indentor.

(vii) Reference number and date under which

foreign exchange has been released.

(viii) Source from which foreign exchange is pro-

vided and mode of payment.

(ix) Number and date under which indigenous clearance has been obtained from the DGTD in respect of the goods sought to be impor- ted.

(x) No. and date under which the clearance has been obtained from the Department of Elec- tronics in respect of electronic items includ- ing facsimile equipment for a value of Rs. 5 lakhs or more and marine equipment and parts thereof irrespective of value involved.

NOTES : (a) It may be clarified that no indigenous clearance will be necessary for the import of goods which are licensable to Actual users in terms of the Import Policy in force at the time of making the application for the licence. In respect of items appearing in Appendices 3, 4, 15 and 30 of the relevant import policy, it will be necessary for the DGS&D, to obtain clearance from the DGTD, before recommending the import. For steel items appearing in Appendix-6 of import policy a similar clearance will be ob- tained from the Department of Steel, New Delhi. In respect of equipment, if any, sought to be imported, indigenous clearance will be necessary for all items, and banned type of equipment will not be allowed.

(b) The DGS&D will Issue the I.R.C, after all the terms and conditions pertaining to the relevant contract have been finalised and an indication to the effect will be given in the I.R.C

185. Form and manner of application :—On receipt of the import recommendation certificate, the applicant "^should make out a consolidated application in respect oi each contract covering all goods in the Form 'B' given in Appendix 11 to this Book. On top of the application 'TJGS&D Contract" should be written in block letters. Applications should be made to CCI&E, New Delhi along with the certificate from the Direc- tor of Supplies and other relevant documents including Bank Receipt/Demand Draft showing payment of application tee. There shall be no last date of receiv- ing applications under this category.

186. Intimation to licensing authority :—If for any reasons, the licensee is unable to utilise the imported material for the purpose for which the licence has been issued to him and during the period stipulated in the relevant contract, he shall immediately send the neces- sary intimation to this effect, in writing to the licens- ing authority concerned, stating the circumstances in which he has failed to utilise the goods for the purpose lor which the import was allowed. On receipt of such intimation, the licensing authority may consi- der initiating action under Clause 10-C of the Imports (Control) Order, 1955, as amended, without prejudice to any other action that may be taken against the licen- see or any other person in this behalf.

Stores ordered by Railways

187. Special arrangements have also been made to deal with applications for import liccncci from person! or firms etc., to cover orders placed on them by State Railways.

188. Form and manner of application :—The appli- cant should make out a single application in renpea of each contract in the prescribed toiru 'B' appearing in Appendix 11. Applications should be forwarded to CCI&E. New Delhi through the Railway Liaison Officer, New Delhi.

189. Recommendation for licence :—While recom- mending the import, the Railway authorities should in- variably give the following particulars, inter alia :—•

(i) Railway order, number and date,

(ii) Description of goods sought to be imported

and country of import

(Hi) C.I.F. value of the goods.

(Iv) Expected period of delivery,

(v) Name of the indentor.

(vi) Reference number and date under which

foreign exchange has been reelased.

(vii) Source from which foreign exchange is pro-

vided and mode of payment.

(viii) Reference number and date of the DGTD under which indigenous clearance has been obtained.

(ix) No. and date undef which the clearance has been obtained from the Department of Elec- tronics in respect of electronic items includ- ing facsimile equipment for a value of Rs. 5 lakhs or more and marine equipment and parts thereof irrespective value, involved.

(2) The Import Recommendation Certificate wilr- be issued hi the same form and manner as laid down hi para 189 above.

Imports from and Exports to Nepal

NOTES :—(1) It may be clarified that no indigenous clearance mil be necessary for the import of goods which arc licensable to Actual Users in terms of the Import Policy in force at the time of making the application for the licence. In respect of items, appearing in Appendices 3, 4, 6, 15 and 30 it will be necessary for the Railway Liaison Officer to obtain clearance from the DGTD/Deptt. of Steel before recommending the import.

191. Imports and exports of goods from and to Nepal are allowed without Import and Export Control restrictions provided the goods are either the produce of or manufactured in the respective countries, subject to such exceptions and limitations as have been made and are in force, or may be made, herealter.

Licensing tinder Trade Agreements

(2) The Railway authorities will issue a recommendation for the licence after all the terms and conditions pertaining to the rele- vant contract have been finalised, and an indication to the effect will be given in the recommendation.

Defence Contracts

190. (1) Import applications made by persons or firms, etc. to cover goods in respect of which a contract has also been placed on them by the Defence Orga- nisation, will also be considered on the basis oC Import Recommendation Certificates issued by such organisa- tion. The application should be addressed to the Chief Controller of Imports and Exports, New Delhi, W ine Form 'B' appearing in Appendix 11.

192. The Government of India have signed Trade Agreements with a number of foreign countries. Theto Trade Agreements are revised from time to time. In addition to the Trade Agreements, special payments and trade arrangements have also been worked out with respect to some of the countries. Licence* under the special payments and trade arrangements with these particular countries are issued from time to time. For particulars, the importers are advised to contact the CCI&E, New Delhi.

CHAPTER VII]

PERIOD OF VALIDITY AMD REVALUATION OF LICENCES

IMPORTS

Periods of Validity

193. The Import-Export Policy sets down the periods of validity applicable to the different categories of licences granted thereunder unless otherwise pro- vided, the initial validity period of an import licence will be 12 months.

194. In the case of import licences (for items other than Capital Goods) granted under various Com- modity Assistance Programmes or Rupee payment Arrangements also the period of validity will be 12 months, subject to the condition that the validity does not exceed the terminal date of the relevant credit.

195. The Initial period of validity of C.G. licences other than those against tied credit or foreign aid will be 24 months. In the case of CO licences issued against a "tied credit/foreign aid", the initial period of validity will be 24 months or the terminal date of the relevant "credit or aid", whichever is earlier.

196. Import licences for Capital Goods will be sub- ject to the condition thai, a firm order is placed on the overseas supplier within 6 months from the date of issue of such a licence or the period indicated in the licence for the purpose. If the licence-holder fails to place a firm order or the overseas supplier has not •ccepted the order within this period, a request for extending the period for placement of order may be considered, on merits, by the licensing authority. This will also apply to Capital Goods permitted for import under the policy for Registered Exporters.

197. The period of validity of licences issued to fulfil DGS&D, Railway, and Defence contracts, will be in accordance with the connected recommendations.

198. The initial validity period of a Customs Clear- ance Permit will be 6 months. But, if the applicant needs a longer period, the licensing authority may extend this upto 12 months.

199. The initial period of validity of an emergency licence will be 6 months. Requests for revalidation of such licences will not normally be entertained.

{2) Requests for extension of the period of vali- dity of REP licences which are utilised under para 138 of Import & Export Policy (Vol. I) may be con- sidered by the licensing authorities concerned, on merils, aud revalidation allowed upto a period not exceeding six months at a time, and also not exceeding 12 months in all.

(3) Requests for extension of the period of validity of advance and imprest licences issued under the import policy for Registered Exporters may be consi- dered by the licensing authorities concerned, on merits and revalidation allowed upto a period not exceeding 6 months. Request for revalidation for a period longer than this may also be considered with the approval of the Chief Controller of Imports & Ex- ports, New Delhi.

201. (1) Requests for revalidation of import licen- ces issued to Government Departments and Public Sec- tor Corporations/bodies (non-Industrial) will be consi- dered, on merits, by the licensing authorities con- cerned. In the case of public sector undertakings. (In dustrial), requests for revalidation may be considered by the licensing authorities concerned, on merits, for a period not exceeding 6 months at a time and also not exceeding 12 months in till.

(2) Requests for re validation of other licences will be considered on merits by the licensing authorities concerned, and revalidation allowed for a period not exceeding 6 months. Requests for revaluation for a period longer than thjs may be considered with the pnor approval of Chief Controller of Imports k Exports, New Delhi, subject to such conditions as may be imposed.

Revaluation

(3) In the case of Capital Goods licences re- quests tor extension of the period of shipment be- yond the initial period set down in the licence, may be considered, on merits, by the licensing authority, having regard to the period of delivery of the Capi- tal Goods as contracted for by the overseas suppliers (in the case of licences issued against tied credits or aids, however, the terminal date will be kept in view while considering such requests for revalidation). Such extension of validity of Capital Goods licen- ces may be done by the licensing authority upto a period of 3 years from the date of issue; for further extension, the orders of the Chief Controller of Imports & Exports, New Delhi will have to be first taken by the licensing authority.

Date of Shipment/Despatch

200. (1) No request for extension of the period of validity of REP licences issued against exports made or* or after l-t-1978 will normally be entertained. In, har,d cases, however, revalidation may be allowed by the licensing authority concerned for a period not exceeding 6 months, subject to such conditions as may be imposed. Requests for longer periods will require prior approval of the Chief Controller of Imports It Exports, New Delhi, for extension, on merits, subject la mch. conditions as may be Imposed.

202. The period of validity means the period of shipment/despatch permissible for the goods concern- ed.

203. In the case of shipments made by sea, this

will be the date on the Bill of Lading.

204. In the case of imports by air, the date of the relevant Consignment Note will be normally taken as the date of despatch, provided this represents the date on which the goods left the last airport in the country from which the import is effected. It will be open to the Customs authorities to seek further information to satisfy themselves in this regard.

205. In the case of post parcels, the date stamp of the Office of Despatch on the packet or the Despatch Note is taken to be the date of despatch.

206. In the case of imports from land-locked coun- tries, the date of despatch of the goods by rail, road or other recognised mode of transport to the consignee in India on through consignment basis, will be taken to be the date of shipment. (This will also be appli- cable to cross border certificates issued by the German Democratic Republic in respect of imports made from that country.)

NOTE:—A "Through Bill of Lading" tallying in all material particulars and giving evidence of no undue delay by halts or break of journey will nor- mally constitute sufficient proof of a 'through con- signment.'

Validity of Import licences to cover imports

207. (1) Validity is related to date of shipment/ despatch:-—The validity of an import licence is de- cided with reference to the date of actual shipment/ despatch of the goods from the supplying country and not the date of arrival of the goods at an Indian port.

(2) Where the date of expiry of an import licence fans before the last date of a month, the licence will automatically be valid up to the end of that month. Also, in calculating the period of validity of a licence the date of issue of the licence is excluded. For ins- tance, if a licence is issued on 10th November, 1982, and it is valid for 12 months, it will normally expire on 10th November, 1983 but in accordance with the provisions of this paragraph, such licence will be treated as valid upto 30th November, 1983.

Grace Period

208. In cases where goods are shipped before the date of issue of an import licence or the approval of any extension of validity thereof, but after the date on which the connected application has been submitted, the Customs may allow clearance provided that (a) the goods have been shipped on or after the date of application and (b) by the time of arrival of the con- signment at the Indian port, the applicant importer has been granted a valid import licence/the requisite extension of validity.

209. (1) In order to facilitate shipment/despatch of goods against licences, a grace period not exceeding 60 days is allowed after the date on which the licence expires. In the case illustrated in sub-para 207(2) abovn, the period of grace will commence from the 1st December, 1983, and the licence will bo com- pletely dead on the 30th January 1984.

(2) The grace period of 60 days will also be avail-

able in the case of Customs Clearance Permits.

(3) The importers can also avail of the grace

period of 60 days in the case of revalidated licences.

(4) The grace period cannot be claimed as a matter of right and no letter of credit should be opened or order placed against the licence during the period of grace.

(5) The grace period will be available in the case of licences issued against foreign credits also, provi- ded this period can be accommodated within the speci- fic date for shipment/despatch of goods stipulated in the conditions applicable to the relevant credit.

(6) On certain occasions such as dockyard strike in the country of shipment when the importers face genuine difficulties and the goods cannot be shipped in time, the licensing authority may, by a general authorisation extend the period of validity of any licence on an ad hoc basis for a specific period. Such extension, where granted, will be in the nature of en- hanced grace period and the importers will not be entitled to open any letter of credit or place orders for the supply of goods during such extension. It may be clarified that if such enhanced grace period u more than 60 days the licencee cannot separately avail of the normal grace period of 60 days under sub- para (1) of this paragraph.

Applications for revalidation to be made m timt

210. (1) The requests for revalidation of licences should be made within the validity period of the licence. However, in cases of specific hardship, the licensing authority may condone the delay in the sub- mission ol the application for revalidation where such authority is satisfied that the delay in making the application for revalidation was due to circumstancef beyond the control of the licensee.

(2) Date from which revalidation will take effect:—

(a) Revalidation, where allowed, will be from the date of expiry of the licence when such licence is pre- lented for revalidation before its expiry.

(b) In cases where the licence is presented for re- validation after the date of expiry, the revalidation where allowed, will be from the date on which the application for revalidation is made, and the licensing authority will make a specific endorsement on the licence to this effect.

(c) Notwithstanding the provisions of sub-para (b) above, a licensing authority may hi cases of special difficulty, allow revalidation from the date of expiry of the licence, even if the licence in question is presented for revalidation after its expiry.

(3) All requests for revalidation of a licence should be made by the licence holder only; it will also be hU responsibility to produce the licence before the licensing authority for getting such revalidation endorsed.

(4) Applications for revalidation should be made in the prescribed form (Form ' F ), accompanied by Bank Receipt/Demand Draft of Rs. 50/- towardi application feei.

Validity period and rcvulidation of Release Order

211. (1) The validity period of a Release Order

will be 12 months from the date of its issue.

(2) Requests for revalidation of Release Orders may be entertained in cases where the goods could not be supplied within the original validity period on account of circumstances beyond the control of the Release Order holder.

(3) These provisions will also apply to Release Orders issued on indigenous producers or for obtain- ing materials from Export House under the IRMAC scheme.

the neighbouring countries with whom India has rail links, the date of Through R. R. will be taken as the date of export for Export Trade Control purposes, pro- vided the export licence and the Letter of Credit are valid on the date of issue of Through R. R. If the validity of the export licence and Letter of Credit ex- pires during transit of the through consignments upto the last Indian customs checkpost on the border of its clearance by customs thereafter, clearance of the through consignments will not be refused on that ground. Any ban imposed on the export of such goods subsequent to the issue of the Through R. R. will also not apply to such consignments.

Revalldattea

EXPORTS

215. (1) No extension in the period of validity of

Period of Shipment

212. An export licence (other than a licensing en- dorsement on a shipping bill) will be valid for ship- ment of goods covered by it for a period of three months from the date of its issue, unless otherwise specified. However, an export licence issued under a limited ceiling provisions, will be valid for 45 days only. Shipment against a licence can be effected from any port in India but for documentation, revalidation etc., exporter will be required to report to the licensing authority who issued the export licence.

213. In the case of licensing endorsement on ship- ping bills, the period of validity for shipment of goods will be one month, unless otherwise indicated therein.

shipment will be granted in the case of export licence* under the limited ceiling referred to in para 212 above and having an initial validity of 45 days, except in cir- cumstances set down in the policy.

Critical date of export when the consignment Is booked

by rail to any destination of neighbouring countries

with whom India has Rail links

214. When a consignment is booked on a Through Railway Receipt for any destination outside India in (2) In other cases of export licencees or licensing endorsements on shipping bills, a request for extension (if it is otherwise in confirmity with the current ex- port policy) may be considered by the licensing autho- rity concerned, where such authority is satisfied that the price and supply position of the commodity with- in the country continues to be satisfactory and that the delay in the shipment of goods was caused due to reasons beyond the control of the exporter. Exten- sion where granted in such cases, will not exceed one month at a time and it will also not exceed three months in the over-all, provided that the revalidation so granted, does not extend beyond 15 days from the end of the licensing period in which the export licence was issued or the shipping bill was endorsed. (The proviso will not, however, apply in cases where the export policy for the relevant licensing period has not gone into any change in the period subsequent thereto.)

CHAPTER IX

EXPORT LICENSING PROCEDURE

Categories of Exporters

216. For the purpose of licensing, exporters are

divided into the following two broad categories :

(i) Established Exporters i e. those who have exports of a particular commodity in the prescribed basic period, as admitted by the licensing authority. The basic period varies from commodity to commodity,

(ii) New Comers i.e. those who have no exports in the prescribed basic period but possess sufficient experience in the particular field, either as an exporter outside the basic period or as a dealer in the internal trade of the commodity concerned.

(4) In most cases, the percentage fixed for calcula- ting the value or quantity to be allowed to be exported is announced. The quota of the individual exporter li then worked out by applying the fixed percentage to his basic exports.

(5) In certain cases where the number of Estab- lished Exporters is very large as compared to the ceil- ing available for export, quotas are granted at a flat rate.

(6) In cases where quotas remain under utilised or unutilised the item is considered for being allowed to other exporters, subject to such conditions as are deemed necessary.

Quota licensing

217. (1) Commodities of which the export is allow- ed on quota basis to Established Exporters, have been mentioned in the Import-Export Policy, Vol.-II. Where an exporter desires to secure export quota of any such a commodity, he is required to prove his exports of that commodity during any one year or part of a year selected by him from out of the specified period called the "Basjc period", prescribed for such commodity.

(2) An exporter is free to select from out of the prescribed basic period, his own best year or part of Vear, as the case may be. The following evidence may De accepted by the licensing authority in support of the basic period exports :

(a) Bill of Lading;

(b) Certificate from the Manifest Clearance Dept. of the Customs where Bill of Lading is not available;

(c) Certified copies of land Customs Appendices in the case of export by rail or road;

(d) Export invoices; and

(e) Postal receipts in the case of export by post. (Where original postal receipts are sent by ihe banks for collection purposes to foreign customers, certificates from the bants con- cerned are accepted as valid evidence).

(3) The quota of an exporter is generally calculated on the basis of his "Basic Exports", subject to adjust- ments, in a few cases, promoted by considerations of equity, e.g. fixation of minimum and/or maximum limits for export quotas. Sometimes, a limited quantity of a commodity is released for export. In such cases, the quota of each individual exporter is worked out on a pro rata basis, calculations being based upon the percentage that the total of the established exports bears to the total quantity released for export.

(7) Applications for export of items which are licensable against quotas should be made in the form prescribed hi Appendix 12. It should be accompanied by the shipping bills, quota slips granted by the licen- sing authority and/or such other documents as are required to be furnished in terms of the relevant Trade Notice or are considered necessary by the applicant.

New Coiners' licensing

218. Ordinarily, an effort is made to provide for new comers to enter into the export trade unless the quantity allowed for export is small in proportion to the Established Exporters' quota already in existence. Only such business concerns as have previous experi- ence of handling the commodity concerned, financial standing etc, are eligible to apply for new comer licen- ces. Normally, applicants are required to prove their standing in the internal trade of the commodity during a specific period. The conditions which a person must fulfil and the manner in which he should prove his experience, are announced as and when applications are invited. Certificates of Chartered Accountants who are not partners, directors or employees of the appli- cant firm or its associates certifying purchases or sale are accepted in evidence. Sometimes receipts of sales- tax paid are called for as evidence. In addition, a new comer applicant may be required to prove to the licensing authority, his ability to enter into the export trade by producing the sale contracts already con- cluded by him with the overseas buyers.

219. Applications by new comers for export should be made in the Form piven in Appendix 78, It should be accompanied by shipping bills ar.d/or tuch other documents as are required to be furnished in terras of the relevant Trade Notice or are considered necessary by the applicant.

Canalised Exports

220. Certain items of exports are exported through a canalised agency i.e. S.T.C. or other recognised

agency/organisation. The list of such items and the agencies so nominated are given in Annoxure 11 to Section II of the import-Export Policy, 1983-84, (Vo].-II). For these items, the exports will be allowed only through the canalising agencies concerned. The quantum upto which export may be permitted in res- pect of these items and other details pertaining thereto arc decided by the Government from time to time, the operations of the canalising agencies in this regard are, therefore, subject to such directions may be liven to them by Government.

Open General Licence

221. Ttenis covered by an Open General Licence can, as long as it is valid, be exported freely without any licensing formaiities to all destinations permitted therein.

222. At present, the following four Open General Licences are operated and their texts are contained in Import-Export Policy, 1983-84, (Vol-II) :—

(a) Open General Licence No. 1 applies to ex- ports by land to any country adjacent to India and having no sea-port of its own, of any goods included in Schedule I to the Exports (Control) Order, 1977, which are consigned under a procedure prescribed for regulating transit traffic;

(b) Open General Licence No. 2 applies to ex-

ports of bona fide samples;

(c) Open General Licence No, 3 gives the list of items which can be exported on fulfilment of the conditions shown in Col. 4 against each of the items; and

(d) Open General Licence No. 4 includes the list

of Items which can be exported directly by the canalising agency mentioned against each item in Col. 4.

Limited Free Licensing

223. Where the export of a commodity is regulated within a set ceiling, or there is no established pattern of trade, export will be allowed on "first-come, first- served" basis. The following principles and procedure will be applicable in such cases ;—

(i) A Public Notice/Trade Notice shall be Issued, announcing the policy and indicating the licensing offices to which the available ceiling has been allocated for the purposes of dealing with such applications;

(ii) Unless otherwise indicated in the Public Notfce/Trade Notice, applications will be received after 15 days after the date of its Issue;

(ili) All applications made on Form 'AX* com- plete in all respects, received on the pres- cribed date, between 10-30 A.M. and 1 P.M. shall have the same priority. Such applications should be accompanied by evi- dence to the effect that the Indian exporter

46—2 Commerce/8 3

applicant has accepted the offer of the over- seas buyer to purchase the commodity, for the quantity applied for, subject only to the grant of a licence in his favour;

(iv) At a rule, the licensing authorities shall re- cord, in writing, the reasons for rejection of applications;

(v) Each exporter shall be allowed to submit one application per day supported by one contract from one foreign buyer only. With each export application, the exporter should file a declaration that he has not submitted any export application for the same com- modity to any other licensing authority dur- ing the same licensing period. The licen- ling authorities will allocate the quota strict- ly on pro rata basis subject to the conditions stipulated in sub-para (vi).

(vi) An eligible applicant will lie allowed a quota not exceeding 10 per cent of the available ceiling per day allocated to the office con- cerned. If some quantity of the ceiling is left over, after disposal of the applications re- ceived on the first day, the balance will be carried over to the next day for fresh appli- cations; this process will be repeated until the ceiling is exhausted.

fvii) Exports will be allowed by issuing an Export Licence with a validity period of 45 days from the date of issue;

(viii) Shipment shall be made of the quantity covered by the contract against which the Licence has been issued, within the period of its validity. No extension of tune shall be granted except in the following circumstan- ces :—

(a) The licensing authority, which Issued the licence, is satsfied, within 7 days of its issue, that no ship is available for carrying the conslgnment(s) within the said period of 45 days; or

(b) within the period of validity of the licence, the licensing authority at the port, to which the consignment might have been carried, is satisfied that there has been delay in the arrival of the ship within the initial period of validity.

In either event, an extension of upto 15 days only shall be available for effectinR the shipments. No second extension will be granted i e. the licence will lapse automatically thereafter.

fix) After the shipment is effected but within a period of 7 days of the shipment, each licence holder shall intimate to the licensing authority which issued tho licence, particulars of the shipment(s) actually effected. Also, in case the licence is not utilised at all or only partly utilised, the licence holder shall report the position to the licensing authority concerned within 7 days of the date of ship- ment or the date of expiry of the licence

"a ihe case may be. Failoie to do eo will entail him to the refusal of grant of export licence for the items allowed under limited ceiling for further exports in terms of clause 5(q) of the Export (Control) Order, 1977 as amended from time to time, for the licen- sing period-

(x) Any quantity allocated against the earlier licences which lapses for the above reasons, shall be available again to the licensing office concerned for re-allocation in the same manner as laid down above.

Notwitttaianding the above, Govt. may, IOA suto- cient reasons, treat any other claims, not covered by the above provisions, as a pre-ban commitment.

Free Licensing

224. Wheie an item is alluwed free for exports but is not covered by an Open General Licence, the in- tending exporters are required to secure licensing endorsements on the connected shipping bills from the licensing authorities concerned. Applications should be made in the form given in Appendix 12.

(2) Copies of pre-ban commitments/export con- tracts (or pre-control commitments/contracts should be sent by the person concerned to the regional licens-v ing authorities concerned along with documentary evidence relied upon in support of such commitments'' contracts having been made. These documents should be sent to the licensing authority by Registered Post (A.D.) within a period of 15 days from the date ol Public/Trade Notice or Notification announcing the imposition of the ban on exports of the concerned commodity or the date on which such commodity is placed under export control, as the case may be. Cog- nizance will be taken only of cases where these docu- ments have been thus, filed in time. The submission of such evidence shall not, however, confer any right on the person concerned to the giant of any export licence or permission to export.

Ad hoc licensing

225. (i) In order to develop new markets and also to encourage home-based industries in producing new export products, requests for exports in small quanti- ties are sometimes considered on ad-hoc basis, even if the indigenous production of such items is some- what limited. Ad-hoc licensing is, at times, resorted to enable an industry or unit to clear accumulated stocks and maintain continuous production.

(ii) Applications for exports of such items should be made in the prescribed form, accompanied by the shipping bills and/or such other documents as are required to be furnished in terms of the relevant Trade Notice or are considered necessary by the applicant.

Note :— A contract is deemed to be concluded after an offer is made and is accepted by the second party. It should be specific as to the mutually accepted terms and contents, i.e., it is binding on both, with reference to its enforceabih'ty.

227. Where such evidence, as is required in para 225 is in the nature of a telegraphic/telex message detailing the offer or the acceptance of the contract In its material particulars, the evidence relied upon for substantiating the pre-ban commitment/export con- tract (or pre-control commitment/contract) should include the (confirmatory) post copy of the said mes- sage sent immediately after its despatch, together with the connected envelope bearing the stamp of the Post orEce.

Pre Ban Commitment

Application Perms

226. (1) Unless otherwise provided, the following types of pre-ban (including pre-control) commit- ments may ordinarily be honoured for export control purposes :—

228. Applications for export licences or licensing endorsements on shipping bills are to be made on prescribed Forms, along with relevant documents. These forms are given in Appendix 12. The applicants may use their own typecf/cyclostyled or printed forms.

Persons authorised to sign Applications

(a) Where against a specific export order an irrevocable letter of credit in the case of the exporter/exporting firm has been opened by the foreign buyer covering 100% f.o.b. value of the consignment and accepted by a scheduled bank in India prior to the date of ban/control;

(b) Where advance payment has been received, provided that:

(i) the advance payment has been received against a specific export order and covers 100% f.o.b. value of the con- signment; and

229. Every application for an export licence oi for licensing endorsement on the shipping bill, should be signed by the applicant himself or by a person duly/ legally authorised by the applicant to do so. The posi- tion or nature of such legal authority held by the per- son signing the application /document/ Form should be clearly given therein along with the official stamp of his connected status. Otherwise, such application' document or Form will receive no consideration fa the licensing authority. This requirements applie- equally to the applications made to cnnalisinc agencies-

Deficient Applications

(ii) such advance payment has been receiv- ed through an authorised denier in toreign exchange on or prior to the date of the ban;

230. Applications which are not (i) in the pres- cribed form (li) accompanied by necessary export

documents, (iii) accompanied by necessary particu- lurs sating oui the authority of tno person signing u, oi (iv) received after the lust date prescribed, will aland summaiily rejected. Applicants are expected to complete all the columns in the application form duly and properly. They may take the help of the Counter Assistance System to make sure that all these requirements are met.

Amendments and Alterations to Licence!

231. No change shall be made or effected by the licensee ut any other person in the description of the goods or the name of the consignor or the consignee and in tne terms and conditions of the licence. Any un-authorised change would render the licence null and void, besjdes exposing the oifender to the risk of being penalised. Applications for amendments and alterations should be submitted to the authority who Issued the licence.

Export of samples ol Indian origin (or purposes of

securing orders and their re-Import

2J2. Imports (Control) Order, 1955 and the Cus- toms Act, 1962, permit, subject to certain conditions and observarit-e of certain formalities, re-import ol samples sent or taken to foreign countries by Indian businessmen for the purpose of getting the buyer's approval. With a view to avoiding any difficulty which the Indian businessmen may have to face at the time ol rc-import, the prospective exporters should con- tact the Customs/Import Trade Control authorities before exporting the samples to foreign countries and ensure that tho various conditions laid down are ful- Bued.

Jurisdiction

235. Unless otherwise stated, applications for the export of items which are not normally allowed oi who^e export is allowed on nients, should be address- ed to the Chief Controller of Imports and Exports, New Delhi. Applications for the export or all other controlled items should be addressed to one of the regional licrnsuig authorities mentioned in Appendix 8 depending on the port from which export is to be made. In respect of commodities for which export ceilings are placed at the disposal of one or noore of specified licensing authorities, the intending exporter can apply for export to any one of such licensing authorities. With each export application hi such case

Recognition of new Established Exporters and Trans-

fer of Quotas (TQR)

234. (1) An established exporter may be : (i) an individual, (ii) a partnership concern, (iii) a karta of a Hindu Undivided Family in respect of the family business, (iv) a limited company, and (v) any asso- ciation or body of individuals. Licences are granted in the name of the business belonging to the establish- ed exporter. Where there is any change in the owner- ship, constitution or name of the business, the esta- blished exporter will not be eligible to the grant of licences as he ceases to be an established exporter Huwcver, in pubia. uiiercbi and tor continuity oi business, the licensing authority may recognise new established exporteis in respect of any business in accordance wtth the provision made in the following paragraphs.

(2) Where there is a change in the ownership oi constitution of an established exporter's business, with- out any change in the name of business, and the new owner or the reconstituted concern, as the case may be, acquires the quota of the original concern, as a whole, the quota bek ging to the original concern, will be deemed to have been transferred to the new concern. The new concern can obtain export licences on the basis ot such quota, if otherwise admissible. In such cases, no application for TOR need be made but an intimation about the change should be sent, in the form given in Appendix 26 to the licen- sing authority within 90 days of the date of change, rhe constitution of the new concern should also be mentioned in the usual manner La the next application (or export licence indicating therein the nature of the change and the date from which it has taken place. In case where the intimation about the change is sent after the expiry of 90 days the quota entitlement of the applicant will be liable to a cut of 25 percent m the first licensing period after the change, l he licens- ing authority may, however, condone the delay if it is satisfied that the delay was due to circumstances be- yond the control of the applicant.

( J) Whore there is a change in the name of the established exporter's business, without any change in the ownership or constitution of the business, no ap- plication for TQR need be made. The established ex- porter should produce his quota certificate to the li- censing authority concerned for necessary change therein alongwnh an affidavit about the change of name and affirming that he will not claim any licence tn future in the old name. Where a private limited company becomes a public limited company or vice versa, it should report the fact to the licensing authority concerned.

(4> Where there is a. change in the name of estab- lished exporter's business alongwith a change in the ownership or constitution of the business, the new concern cannot claim export licences on the basis of the quota of the original concern without obtaining TQR in its favour. The application for TQR should be made to the licensing authority concerned.

(5) Where there is any change in the ownership oi constitution of an established exporter's business and as a result of such change, a part of the quota of the original concern In required to be separated or the quota of the original concern is required to be divided, the application for such separation of the quota or for its division as the case may be shpuld be made to the concerned licensing authority. If the quota to be sepa- rated Is also sought to be transferred in favour of any person the transferee should also make the applica- tion for TQR to the licensing authority concerned. In such case*, the new owner or the reconstituted con- cern (s) cannot claim export licences on the basis of

chc quota standing in the name ot ihc original concern without obtaining TQR.

(6) Where an established exporter is a limited company and the company is amalgamated with ano- ther company, the application for TQR in favour of the new company should be made to the licensing authority concerned, supported by an order of the competent court or other evidence of amalgamation

Application (or TQR

235. An application for TOR should be made m the form given in Appendix 12. (Form D-X) along- with the prescribed documentary evidence. The juris- diction of the port licensing authorities for dealing with such applications is given in Appendix 32. The appli- cation for TQR should be made by the head office of the applicant concern, covering all its branches, and such application should be made to the licensing authority in whose jurisdiction the head office is situated.

236. The application made hi terms of paragraphs 234(6) and 235 above should be accompanied by the following documents :—

(i) in the event of death of any peison, a death

certificate should be produced;

(ii) in the event of relinqukhment of ridhts by any person in favour of another an affidavit of relinquishment should be produced;

(lii) if the transfer ot quota in favour of any legal heir or heirs is claimed on the basis of a "will", the application should also be supported by the said *will* and the probate thereof or an affidavit of consent by all the other legal heirs;

(i\) partnership deed oi the outgoing concern;

(\) partnership deed ol Lhe incoming tuncem,

it it is a partnership concern;

(.vij ii the business has been sold, deed ol transfer duly registered with Registrar ol Documents should be produced; if the firm is dissolved a deed of dissolution should be produced;

(vii) where a common basic year is required to be selected for calculation of quota, applica- tion should be supported by an affidavit to the effect, that the parties will select a com- mon basic year for the establishment of quotas in respect of same or similar items on the basis of tha business done by the outgoing concern; and

(viii) any other document on which the applicant

may rely in support of his application.

237. Affidavit to be produced by the applicant! with their applications for transfer/division of quotas, wherever laid down, should be sworn before a 1st Class Magistrate or a Notary Public.

238. (1) Subject to the provisions of sub-para- graph (2) below, an established exporter is not allowed to transfer tug btuinesa to which a quoi* la attached except as a whole.

(2) If an established exporter has two or mote branches, each having a separate quota in respect thereof, it will be open to such established exporter to transfer the business of any branch with the entire quota belonging to that branch.

239. In the following types of cases, export licences can be claimed only against quotas calculated on 'common basic year* in respect of same or similar items on the basis of the business done by the out- going concern :—

(i) Where a quota is divided and transferred in part to several persons separately, the per- sons in whose favour the quota is transferred have to select a common basic year. How- ever, where a person acquires a quota in respect of any item transferred in hi" favour and he already holds a quota in respect of the same item by virtue of a business done separately, it shall be open to him to claim licences on the combined value of the two quotas certificates even if the quota certifi- cates are in different basic years. This will also apply in the case of amalgamation of two limited companies;

(ii) in cases falling under para 238(2) above, the transferor and the transferee will be required to select common basic year for the same or similar items; and

(iii) the provisions of this paragraph wffl also apply to cases where the parties have been exempted from maJdnR application for TQR.

240. Where an application for TQR is required to be made in terms of these provisions, such application should be made so as to reach the licensing authority concerned, complete in all respects, within a period of 90 days from the date of change in the ownership- constitution or name of business etc., as the case may be. The licensing authority may, however, in deserv- ing cases, condone the delay in making the application if such authority is satisfied that the delay was caused by circumstances beyond the control of the applicant. If the applicant is not in a position to make an appli- cation complete in all respects within the prescribed period of 90 days due to formalities to be observed in getting the deed of transfer of business registered with the Registrar of Documents, he can apply by produc- ing an attested copy of the transfer deed with evi- dence to show that the original deed has been deposit- ed for registration and should furnish an undertaking to the effect that the original deed duly registered wiU be produced by him within a period of 15 days from the date of registration-

241. Where an application for TQR, complete in all respects, i.e. accompanied with documents speci- fied in paragraph 236 above, is received by the licen- sing authority concerned v/ithin a period of 90 days from the date of change in the ownership, constitu- tion or name of the business, as the case may be, or where the deby in the receipt of the application )•

mndoncd by the licensing authority, as indicated in paragraph 240 above the transferee will be eligible •'•o tiie transfer of quoU from the licensing period during which the change occurred. In other cases, the TQR will be effective from the licensing period during which the application for TQR is made com- plete in all respects. In the case of deficient appli- cation, the TQR will be valid from the licensing period during which the documents specified in para- graph 236 above are produced,

242. Where an applicant is unable to produce ori- ginal document specified in paragraph 236 above, he u;ay submit photostat/certified/attested copies thereof in support of his application for TQR and the ori- ginal document susequcntly to show that the photostat/ certified/attested copies are correct. The benefit ot TQR may in such a case be given from the date on which the photostat/certified copies of the documents in question were received, if the TQR is otherwise ad- missible from such date.

243. The licensing authorities will dispose of appli- cations for 1QR expeditiously. If an application for 1QR, made complete in all respects is not disposed ol within a period of one month, the licensing authority wiU issue an interim reply to the applicant. 11 an applicant does not receive an interim reply even with- in this time limit, he can bnng the matter to the notice of the Public Relations Officer in the Export Iradc Control oiiice concerned; or book an interview with the officer concerned through the Enquiry Offi- cer in order to know the reasons for the delay in the disposal of his application.

244. Where an established exporter has dul\ made an application for licence, but there is a change in the ownership or constitution or name of the business before the licence is granted, the licence will be grant- ed on such application, if otherwise admissible, to the new owner or owners or newly constituted hnn, etc., after their having been recognised as established ex- porter, provided the validity of the TQR under para- graph 241 above covers the period of the application in question. The licensing authority may also consi- der the grant of licences in favour of new owner(s) ot the business or the reconstituted concern, etc. against other pending claims of the old owner (s) ol the business, if otherwise admissible, provided the agreement between the parties or the affidavit or re- linquishment specifically contains a provision to this effect.

245. If the licensing authority is satisfied that the approval to the recognition and grant of quota is like- ly to be delayed on account of circumstances beyond the control of the applicant, it will be open to the licensing authority to grant licences to the applicant in anticipation of the approval, if the applications are otherwise in order.

246. In the following typeg ot cases, the quota of

established exporter will lapse :—

(i) if the established exporter U an Individual

and it declared insolvent; and

(II) il the established exporter is united com- pany which ii wound up without any arrangement having been made for the transfer of its busineu.

247. In the following cases, no change in the yv,nership of the business will be held to have taken place for the purpose of the rules :—

(i) Change of directors or share holders in a

public or private limited company;

(ii) Changes in the Hindu Undivided Family by birth, death or otherwise except the death or retirement of the karta; and

(iii) Change of address of an established expor-

ter's business.

248. Any case which Is not strictly covered by any of the above paragraphs will be decided on analogous principles.

249. In cases where any application for TQR is not required to be made under the foregoing provisions the application for licence should be accompanied with a declaration in the form given in Appendix 26.

25 0. Whore the new established exporters have been exempted from making applications for TQR, the export licences will be issued to them in the normal course, if otherwise admissible. They will, however, be required to state in their applications for licences the changes occurring in the business and the dates from which such changes have taken place. If in such cases, any objection is received from any person at any time against the licences claimed or granted, the licensing authority will examine such objection and call for such evidence from both the parties as may be deemed necessary. If as a result of the examination, the licensing authority finds that the established ex- porter is not entitled to the whole or a part of the quota on the basis of which he has been claiming licences without obtaining sanction for 1QR, the quota of the established exporter will bo reduced ac- cordingly and the parties found guilty of misrepresen- tation or contravention of these rules will be liable to penal action, under the Imports and Exports (Control) Act and the Orders issued thereunder. In such cases the value/quantity of the excess licences already obtained by the party will also be adjusted against the future quotas of the party in respect of any itetn(s).

251. If the objection in terms of paragrahps 250 above is made to the licensing authority concerned within three months from the date of the change in the constitution or ownership or name of the established exporter's business, and the objector is found to be entitled to either the whole or a part of the quota, he will be eligible to the transfer of such quota In his Javour. The licensing authority may also condone the delay In making the objections, if such authority is satisfied that the delay was caused by circumstances beyond the control of the objector.

252. It will be open to the licensing authority to

reject the application for TQR :—

(i) if the application or the documents accom- panying the application are defective;

(ii) if the licensing authority decides that the recognition and grant oi quota w not in public mtereit or (or continuity of ao> buiinen;

(ui) it the licensing authority decided that the transfer/division of quota is sought with an intention to defeat the transferor's creditors,; and

(iv) Cor any other reasons to be recorded

253. The licensing authority may, after giving a reasonable opportunity to the persons who have been recognised as established exporter and whom a quota has been granted, of being heard, cancel or amend the order regarding recognition of new estab- lished exporter and grant of quota if it is found—

(0 that the application for recognition and grant of quota contained any false, fraudu- lent or misleading information;

(n) that the evidence tendered by the applicant contained any document which was false or fabricated or had been tampered with;

(in) that the applicant is guilty of any corrupt or fraudulent practice In respect of his applica- tion; and

(iv) that the recognition and the quota has been granted through Inadvertence or mistake or due to any fraud or mis-representation.

Permission (or Utilisation of Quota Licenses

254. Where an export licence has been granted to an established exporter and after the grant of the licence but before its utilisation, there is a change in the ownership or constitution or name of the estab- lish exporter's business, the new owner of the business or the reconstituted concern, etc., as the case may be, cannot utilise the licence in question without obtaining l written permission from the licensing authority which granted the licence or from any other person empowered m this behalf by such authority In terms of sub-clause 4(2) of the Exports (Control) Order, 1977. In such cases, an application for obtaining the necessary permission of the authority concerned should be supported by an affidavit of the applicant, sworn before a 1st Class Magistrate or Notary Public, to the

•i-

effect that he is the rightful successor of the business for which the licence in question was issued and that, in the event of any mis-statement, subsequently detect- ed in this respect he will be liable to all actions and consequences Arising therefrom. lssu* ol fcresn Quota Certificates Consequent o* transfer/Division of Quotas

255. (1) in the event of a change in the ownership or constitution of a business without any changs in the aaine ol the business, where the new owner or the reconstituted concern, as the case may be. is not re- quired to apply for TQR, the quota certificates stand- ing in the name of the original concern will be endorsed by the licensing authority concerned indicat- ing therein the nature of the change and the date from (vrucn the change has taken place.

(2) if the name of the business changes, the quotn certificate will be amended by the licensing authority concerned by changing the name of the established exporter's business appearing thereon. An endorse- ment will also be made on the quota certificate indi- cating the date from which the change has taken place.

(3) Where a quota has been divided, the quota certificates and their counterfoils standing in the name of the dissolved concern will be cancelled and fresh quota certificates will be issued in the name of the succeeding parties concerned according to th" share of the quota transferred m the name. A suitable endorsement giving the number and date of the order under which division/transfer has been allowed by the hxpoit Trade Control Authority concerned will also be made on the old and fresh quota certificates and their counterfoils,

(4) Ihe persons concerned should produce the quota certificates to the licensing authority who issueu the same, for necessary endorsement/amendment as indicated above immediately after the change has occurred. In cases where the new owner or the re- constituted concern is required to apply for TQR, the quota certificates should be produced to the licensing authority concerned for necessary endorsement/ amendment immediately and, in any case, not later than 30 days, after the new owner of the reconstituted concern, as the case may be, has been recognised a" an established exporter.

CHAPTER X

APPEALS

256. (1) Where a person is not satisfied with the decision of a licensing authority/appellate authority, he may prefer an appeal/revision application against the said decision in accordance with the provisions here- inafter stated.

(2) Appeals/revision applications will be enter-

tained in the following types of cases :—

(a) in respect of an application for import

licence;

(b) in cases relating to enforcement of legal agreements/export bonds/bank guarantees executed by importers for the fulfilment of export obligations or any other condition applicable to an import licence.

(3) Appeals/review applications will also be enter- tained in respect of applications for the grant of Ex- port House/Trading House Certificates and in matters relating to registration/deregistration of exporters, in accordance with the provisions made in this Chapter.

(4) The procedures hereinafter contained will also apply—mutatis mutandis—to cases in which an ex- porter being aggrieved with a decision taken on his application, seeks to prefer an appeal/revision appli- cation,

257. First Appeal—In respect of an application for import licence, or in matters relating to enforcement of legal agreements etc. referred to in sub-para (2) of para 256 above, an appeal, in the first instance will lie with the head of the office in which the application was dealt with, except as under :—

(a") In respect of an application dealt with at the Headquarters Office of the Chief Controller of Imports & Exports (Licensing) in the office of the Chief Controller of Imports & Exports, New Delhi;

(b) In respeci of an application dealt with In the import trade control offices at (1) Pondi- cherry (ii) Chandigarh & Srinagar (lii) Shillong. Agartalla. Patna, and Cuttack (iv) Rajkot & Kandla, (v) Vlsakhapatnam and (vi) Panjim, will lie with the Joint Chief Controllers, Madras, CLA (New Delhi), Calcutta, Ahmedabad, Hyderabad and Bom- bay respectively

258. Second Appeal.--If the appellant is not satis- fied with the decision of the Appellate Authority on his first appeal, he may preFcr a second appeal to the Hiief Controller oi Imports & Exports New Delhi I Appeal Wing)

259. Revision Application.—(1) An application for revision/review of the decision on a second appeal will also be entertained by the Chief Controller of Imports & Exports, New Delhi. After an applica- tion for revision/review has been disposed of, no further request for review will be entertained

(2) The Chief Controller of Imports & Exports, New Delhi may also, on his own motion or other- wise, call for the records of any case pending with or decided by any officer subordinate to him, and pass such orders as he may consider fit and just,

(3) The Chief Controller of Imports and Exports, New Delhi, may either hear and dispose of the appeals/ revision applications himself or may nominate or ap- point some other competent officer(s) for the purpose, either by a general or special order

Time Until for filling appeal/revision application

260. (1) An appeal/revision application should be made so as to reach the authority concerned within 45 days from the date of receipt of the order/decision appealed against However the appeUate/reviewing authority may condone delay in submission of the appeals/revision applications: if it is satisfied that the samp could not he filed within the stipulated period for adequate reasons. Representations against refusal to grant /renew the Export House Certificates may be entertained by the CC.I.&E., New Delhi, if filed with- in 45 days of thf date of issue of the rejection order.

(2) Where an import application is made through a sponsoring authority or any other authority In accor- dance with the provisions laid down in the relevant import policy and the applicant, being not satisfied with the decision on such application, prefers first appeal, such appeal may be addressed to the appellate authority through the sponsoring authority or other authority, as the case may be, to whom the applica- tion was originally sent.

(3) While communicating the decision, the licens- ing authority/appellate authority shall indicate the authority to whom appeal/revision may be preferred by the aggrieved person

Opportunity for persona) hearing

261. If an appellant or a petitioner desires to be heard in person in connection with the appeal/review/ revision application, filed bv him, and he has filed a •tffifcment or fm* made specific mention an such in his appea1/petitioT> .art opportunity for personal hearing mav be affordfd fo him However if ffie appellant/ petitioner doe<: not *vnil of the opportunity given to him the appeot shall be decided on merit¹; on thf haiK of the material* aviilnble

Documents to accompany appeal/revision application

262. (1) The following documents and particulars should be submitted with the appeal/revision appli- cation in duplicate :—

(i) Name and address of the appellant;

(ii) Category of importer/exporter;

(ili) Licensing period to which an application

pertained;

(iv) Brief description of goods to be imported;

(v) Copy of the original application and other

documents furnished with it;

(vi) A copy of the decision/order appealed

against;

(vii) Grounds of appeal/revision;

(viii) Any other documents/evidence on which

appellant relies, and

(ix) Statement whether the appellant desires to

be heard in person.

(2) In the case of second appeal/revision/review application, a bank receipt/demand draft of Rs, 10/-. *owards payment of fees, should also be furnished.

^3) All appeals/review applications should clearly indicate at the top, whether it is first appeal or second appeal or revision application and the category of the applicant concerned.

Appeal against refusal or cancellation of Export House/Trading House Certificate

263. (1) Appeal against a decision rejecting an application for the grant or renewal of Export House/ Trading House Certificate, or against the cancellation of Export House/Trading House Certificate, under the import policy for Registered Exporters, will lie to the Chief Controller of Imports & Exports, New Delhi (E.P. Division). Such appeal may be made so as to reach the appellate authority within a period of 45 days from the date of receipt of the decision appealed against.

(2) An application for revision/review of the de- cision taken on an appeal under sub-para (1) above will also be entertained by the Chief Controller of Imports & Exports, New Delhi, within a period of 45 days from the date of receipt of the decision sought to be revised/reviewed.

266. (1) Clause 10(2) of the Imports (Control) Order 1955 provides that where any person is aggrie- ved by any action taken under Clause 8 or 8-A or Clause 9, he may prefer an appeal against such action to such authority as the Central Government may by Notification in the official Gazette, constitute for the purpose of hearing appeals, within 45 days from the date of communication of the action taken.

(2) Clause 12(2) of the Exports (Control) Order provides that where any person is aggrieved by any action taken under Clause 7 or 8 or 11(1), he may prefer an appeal against such action to such authority as the Central Government ma-y by Notification in the official Gazette constitute for the purpose of bearing appeals, within 30 days from the date of communica- tion of the action taken.

(3) In exercise of the powers thus conferred by sub-Clause 2 of Clause 10 of the imports (Control) Order 1955 and sub-Clause 2 of Clause 12 of the Export (Control) Order 1977, the Central Govern- ment has constituted the following authorities for the purpose of hearing and disposing of appeals against statutory orders under sub-Clause (1) and (3) of Clause 8A and Clause 9(1) of the Imports (Control) Order and Clause 7, 8 and 11(1) of the Export* (Control) Order :—

(i) Where the action is taken by a Deputy Chief Controller or Jt. Chief Controller of Imports and Exports, the first appeal will lie to the Chief Controller of Imports & Exports or Additional Chief Controller of Imports and Exports or Export Commissioner, New Delhi.

(ii) Where the action is taken by an authority other than the authorities referred to in item (i) above, the appeal will lie to a Com- mittee consisting of the Secretary and two Joint Secretaries and tho Chief Vigilance Officer in the Department of Commerce, New Delhi.

(4) The appeals made under this provision should be accompanied by an attested copy of the order appealed against and any other document(s) or Infor- mation that may be relied upon by the appellant. The appeal should also be accompanied by a proforma giving the following information :—

(a) Authoritv against whose decision appeal ii

preferred;

(b) Date of the order appealed against:

Appeal against decision by Costdmi

264. An appeal ajjainst decisions of the Customs Authorities shall lie in accordance with the Customs regulations, to the prescribed customs authorities.

(c) Whether the appeal is against debarment or suspension from receiving licences (in the case of debarment, the periods for which the appellant has been debarred from obtaining licences may also be Indicated); and Appeal against statutory orders

265. In cases where an order has been passed under the Imports & Exports Act or the Imports/Exports (Control) Order, an appeal shall lie in accordance with the provisions contained in the Act and the orders respectively.

(i) The grounds of appeal (in brief),

d) A enw of the appeal should Invariably be sent by tho appellant to the authority against whose deci- sion the appeal is made.

j

Appeal and review applications relating to reglstm- tion/de-roglstration of exporters

267. (1) Where an exporter is not satisfied with a decision of a Registering Authority listed in Appendix 10 (Annexure I ), refusing to register him or deregis- i tering him, he may prefer an appeal to the Chief Con- troller of Imports and Exports, New Delhi, within a period of 45 days from the date of the communication containing the decision appealed against.

(2) Any person aggrieved by the decision of the Chief Controller of Imports & Exports, New Delhi

47—2 Commerce /83

taken under sub-para (1) above or under para 62 of this Book, may make a representation to him for review of such decision within a period of 45 days from the date of the communication containing the decision against which the representation is made On consideration of such representation, if it is so decided, the Chief Controller or Imports and Exports, New Delhi, may, either himself re-register the exporter, or restore registration or he may direct the registering authority to re-register such exporter or restore his re- gistration. The re-registration or restoration of re- gistration in such cass will be subject to such condi- tion^) as the Chief Controller may decide.

nn r.iTCTTD nn li^nii BvTB4OBniw*Rv APRIF 15 1983 fCtlAITRA 25. 1905) [PART I—SEC. 1

CHAPTER XI

EXEMPTION FROM IMPORT-EXPORT

LICENSING PROCEDURES

IMPORTS

Imports of Emeralds and other Precious Stones tva" Diamonds on approval basis and Examination of Contents before Clearance,

Exemptions from Import Restriction

268.(1) No import licence or Customs Clearance Permit is required for the import of goods, mentioned under the Savings Clause 11 of the Imports (Control) Order. 1955.

(2) The Savings Clause 11(1) (j) of the Importi (Control) Order, 1955 exempts from production of import licence or Customs Clearance Permit, the im- port of goods which are exempt from customs duty, on reimportation, under Section 20 of th# Indian Cus- toms Act, 1962. This exemption from production of import licence/Customs Clearance Permit, on re-im- portation, will also cover the import of goods where the importer has to pay customs duty in lieu of duty drawback and exemption of excise/customs duty availed of at the time of exportation, at provided for in Section 20 of the Indian Custom* Act, 1962.

269. It has been provided in Sub-Clause 11(1) (gg) of the Imports (Control) Order, 1955 that pay- ments in respect of goods imported thereunder, other than those received as gifts, will be remittable through authorised dealers In foreign exchange with the per- mission of the Reserve Bank of India In this con- nection, the following points are clarified :—

(i) The said Sub-Clause does not cover import

of a gift parcel in respect of which the pay- ment is made out of a foreign currency account maintained abroad by the recipient of the gift; and

272. Emeralds and other precious stones and dia-

monds importer by sea or air (otherwise than by post) and bonded on arrival for the purposes of inspection. Such quantities of goods as are approved after inspection may be allowed to bo cleared againit valid import licences.

Note : The aforesaid facility would not bo available

in the case of imports of emeralds and pre- cious stones by post parcels, as under the Universal Postal Convention, a parcel can- not be split up into two i.e. one part to be retained and the other part to be returned to the sender. The contents of the post parcels can, therefore, either be accepted or rejected hi toto. However, the importer or his agent will be given facilities to inspect the contents of such post parcels under Customs supervision, if the addressee so desires. The inspection will be allowed at the time and date specified by the CtstMns authority. If the importer does not turn up tor inspection at the appointed time and date, the parcel will be returned to the sender. If the importer accepts the parcel, he can secure Us clearance against a valid licence and the value of the parcel as a whole will be debited to the licence and the debit once raised against the licence will not be revoked.

Transfer of Ships Stores in cases where the vessels

engaged on Foreign Trade are transferred to Coastal

Trade.

273. In cases where the vessels engaged on foreign trade are transferred to coastal trade, the consumable stores on board the ship are allowed to be transferred with the vessel on payment of Customs duty.

Advertisement blocks

fii) Persons holding foreign currency accounts abroad, which can be operated with the permission of the Reserve Bank of India, can nay out of

Food Parcel)

270 To terms of the Sub-Clause (h) of Savings of Clause 11(1) of the Imports (Control) Order 1955. executive instructions have been issued to the Customs authorities to exempt the import of the following types of fjoods from import trade control procedures to the extent mentioned against each :—

275. Food parcels sent from abroad as gifts.

Bonding of Exposed Cinematographic Fllmj

Food-staffs, etc. by charitable orgflnlstttaos/IndfvJ-

duals

271. Exposed films imported and allowed to be bonded for preview of censorship or re-export by t hi Customs authorities

276. Articles such as food-stuffs, medicines, cloth- ing and blankets which are exempt from Customs duty

fn terms of Notification No. 84-Customs dated 13-8-1960 (as amendea trom time to time; received by any charitable organisation or any individual aa tree gifts from any philanthropic organisation or indi- viduals abroad, for free distribution to the poor and needy without any distinction of caste, creed or colour.

Food-Staffs, etc. and provisions by foreign citizens

277. Food-stuffs and provisions (excluding fruit products, alcohol and tobacco) which are exempt from Customs duty in terms of Notification No. 135-Cus- toms dated 20-6-1966 (as amended from time to time) as in force by a person residing in India but not being a citizen of India, provided the c.i,f. value in a year does not exceed Rs. 800/- in the case of a person having no dependent relative living with him and Rs. 1,600/- in the case of a person having a dependent relative living with him.

Free gifts to Indian Red Cross Society

278. Goods received as free gifts by the Indian Red Cross Society from abroad, provided such goods are exempt from Customs duty.

Paintings

279. Children's paintings for the "Shanker's Inter- national Competition" for paintings, addressed to the Chindren's Book Trust, Nehru House, New Delhi.

Samples by Exporters

280. Samples imported by exporters for export promotion against blanket release of foreign ex- change granted by the Reserve Bank of India for travel abroad.

Relief supplies and packages under Government agree-

ments

281. Relief supplies and packages, received as gifts through a Government Agency or any other approved agency covered by an agreement, entered into by the Government of India with a foreign Gov- ernment—subject to the terms and conditions laid down in the agreement provided they are exempt from Customs buty.

Scientific equipment

282. Scientific or educational institutions (non- profit making) as may be or have been approved by the Ministry of Education and Social Welfare, New Delhi for the purpose of scientific research or edu- cation of non-commercial nature can import, subject to re-export condition, the scientific equipment speci- fied below, provided they are exempt from Customs duty in terms of Notification No. 84/R 11/75- Customs-5 dated 11-9-1971 (as amended from time to time)—

(i) Scientific equipment viz. instrument*, appa- ratus, machines or accessories thereof;

(ii) Spare parts of scientific equipment referred

to in (i) above; and

(w> looia specially UCMgncu toi tnc rruunio- nance, checking, gauging or repair of icien- tific equipment which is used Bolely for pur- poses of scientific research or education.

Lables, price tags and like articles or export product!

283. (1) Supplies made by foreign buyers of labels, price tags and like articles, to be attached to the goods against specific orders placed by them on Indian exporters, may be allowed clearance, provided the Customs authorities are satisfied with the bona fides of the case. This will also cover import of 'hangers' supplied free of charge, to be re-exported with garments.

(2) Registered Exporters of garments, knitwears and made-ups coming from abroad may be allowed, as a part of their baggage, labels upto a maximum value of Rs. 1,000 (elf), without import control res- trictions.

Passengers' Baggage

284. Goods imported by a person as passenger baggage are exempt from the necessity of an import licence, subject to certain limitations/conditions, to the extent admissible under the Baggage Rules issued by the Central Board of Excise and Customs from time to time. Only such articles as are considered bona fide baggage under the Baggage Rules in force will bo given this consideration.

285. The relevant Customs Notification and Public Notice giving the details of the facilities for the im- port of goods under the Baggage Rules have been re- produced in Appendix 4. The rules applicable to tourists, crew as well as the Transfer of Residence Rules are also contained in the same Appendix.

286. Applications for the import of motor vehicles as baggage will be considered by the Chief Controller of Imports and Exports, New Delhi, in accordance with the procedure set down in Appendix 6.

Donations to National Defence Fund

287. Articles, donated to the National Defence Fund or to the Government of India for use of the Defence personnel, and wool/woollen fabrics and woollen apparel donated to the Indian Red Cross, pro- vided the same are exempt from Customs duty in terms of Customs Notification Nos. 168, 169 and 170-Customs dated 8-11-1972 (as amended from time to time).

Commercial samples/advertising material

288. Commercial samples and advertising material, import of which is exempt from Customs duty under and in accordance with the International Convention drawn up at Geneva on 7-11-1952. Full details can be had from the Collector of Customs concerned.

Gifts of T.V./Tape Recordings, etc

289. Free gifts of T.V./tape recordings, electrical recordings/discs and gramophone records, involving no foreign exchange and having no commercial value to the All India Radio or Door Darshan.

United Marions Organisation

290. Imports of goods by officials of the United Nations Organisation and its specialised agencies who are exempt from payment of Customs duty under the United Nations (Privileges and Immunities) Act, 1947, including the import of publications of the United Nations Organisation or its specialised agen- cies by their agents of the U.N.O. or its specialised agency, as the case may be, at the time of importa- tion.

Exhibits required (or international/national exhibi- tions oi (airs.

291. Import of non-consumable goods required in connection with international/national exhibitions or fairs approved by the Trade Fair Authority of India, or the Central Government may be allowed without any import licence or C.C.P. provided the goods in question are re-exported within a period of six months from the date of import into India and a requisite bond and a bank guarantee or an instrument to the satisfaction of the Competent Customs Officer, for the purpose are furnished at the time of clearance of goods, to the Customs authorities.

292. The sale of exhibits, if allowed will be per- mitted only against a valid import licence within the bond period allowed for export. This facility will also be available to sucb Actual Users as are eligible to import the same goods under Open General Licence. If sale of goods is not effected within the bond period due to circumstances beyond the control of the im- porter, the customs authorities may allow extension of bond period at their discretion.

293. Import of consumable items such as printed materials, pamphlets, literature etc, pertaining to ex- hibits, will also be exempt from import trade control procedure. In addition to advertising articles, con- sumable goods may be allowed clearance by Customs upto Rs. 1500/- without the requirement of C.C.P, or an import licence.

Goods as Baggage by Foreign Mountaineering Ex- pedition Teams

294. Goods imported as baggage by the members of Foreign Mountaineering Expedition Teams, pro- vided such goods are :—

(i) exempt from payment of Customs duty; and

(ii) the importer gives a declaration to the Cus- toms authority at the time of clearance that the non-consumable goods shall be re-ex- ported, when he leaves India.

Note : If the imported goods do not belong to any Individual member of the expedition team, but belong to the team as a whole, the declaration referred to in (ii) above may be given by the leader of the team; it will then be his responsibility to see that the goods in question are re-exported by the time he leaves India.

Import of Medical Equipment by Indian Doctors.

295. Indian Doctors (medical practitioners) re- turning from abroad, to set up practice in India may be allowed to import medical equipment, whether new or used, of c.i.f. value not exceeding Rs. one lakh provided (i) the person concerned has been living abroad continuously for a period of not less than two years; (ii) the imported equipment is required for his own professional use in India and (iii) the equipment in question has been purchased out of his foreign ex- change earnings abroad. The maximum value limit of Rs. one lakh will not apply in cases where the equip- ment, in question, has been used abroad by the im- porter for at least one year prior to his departure to India.

Import of Scientific Instruments/Apparatus by Scientists

296. Highly qualified scientists returning to India for permanent settlement, may be allowed to import professional scientific instruments or apparatus, whe- ther new or used, without the requirements of any import licence/CCP upto a value not exceeding Rs. one lakh provided:—

(i) the scientist concerned has been living abroad continuously for a period of not less than 2 years;

(ii) the imported equipment is required for his

own use in India; and

(iii) the equipment has been purchased out of

his own foreign exchange earnings abroad.

The maximum value limit of Rs. one lakh will not apply in cases where the equipment, in question, has been used abroad by the importer for at least one year prior to his departure to India, except that in the case of a computer system, used abroad by the importer for at least one year, he maximum value limit shall be Rs. 5 lakhs C.I.F. (Whether new or old).

For this purpose, highly qualified scientist will bo a person who holds a post-graduate degree or its equi- valent in science, technology, engineering or medicines from an Indian University or a foreign recognised University and has held a paid job abroad in bis field of specialisation for over one year.

297. Where the value of imported medical equip- ment/apparatus referred to in Paras 295 and 296 above exceeds Rs. one lakh, applications may be made for issue of CCPs to the CCI&E, New Delhi, if the importer is not eligible to the relaxation in the upper value limit as provided for in paras 295 and 296 above. In such cases, CCPs will be issued upto a value of Rs. 1.5 lakh without the need for indigenous clearance.

Re-Import of goods for removal of defects and i*b- feequent re-export

298. Goods of Indian manufacture exported and received back by the manufacturer from the consignee for repair and re-export. Import for Private Exhibitions and Demongtratloa Purpose with Conditions of Re-export

299. (1) Import of equipment for private exhibi- tion/demonstration purposes will be allowed without

any import licence/CCP, provided the goods in question are re-exported within a period of six months from the date of import, and the importer executes a bond and bank guarantee or an instrument to the satisfaction of the Competent Customs Officer for this purpose at the time of clearance of goods through and with the Customs authorities concerned.

(2) If the importer is unable to re-export the goods within the stipulated period of six months, he may apply for extension of such period on merits to the CCI&E, New Delhi.

(3) The sale of exhibits, if allowed, will be permit- ted only against a valid import licence within the bond period allowed for export. This facility will also be available to such Actual Users as are to import the same goods under Open General Licence.

Imports Under OGL No. 4

300. (1) Open General Licence No, 4, as amended and reproduced in Import-Export Policy permits im- port ot certain goods without licence or Customs Clearance Permit, subject to the conditions laid down therein. For availing of this facility, the following decisions have been taken :—

(i) Customs authorities may allow clearance under OGL No. 4 of permissible samples and advertising matter even if the importer concerned may have to pay for freight and insurance changes, provided the over- all value of the samples or advertising matter, includ- ing freight and insurance charges, does not exceed the limits indicated in OGL No. 4, in one consignment. In such an event, the Collector of Customs will suit- ably endorse the relative Bill of entry to enable the importer to secure remittance facilities from the Reserve Bank of India in respect of the freight and insurance chaiges.

(ii) It has been represented that in certain cases, import of bonifide technical and trade samples has to be effected by air freight parcels to meet urgent re- quirements whereby the c.i.f. value of the consignment exceeds the limit prescribed in OGL No. 4. It has been decided that in respect of such supplies of bona- fide technical and trade samples made free of charge, if the foreign supplier also bears the expenses relating to insurance and air freight, the customs authorities may allow clearance provided the import is otherwise covered by OGL 4.

(iii) A question has been raised whether several consignments of bonafide technical and trade samples or advertising matter, each consignment within the permissible value limit, sent by the same supplier to the same consignee and received by the same mail should be treated as one consignment or different con- signments for the purpose of clearance under OGL No. 4. It has been decided that the import of seve- ral consignments in the manner indicated above (al- though each consignment does not exceed the speci- fied value limits), will tantamount to circumvention of ceiling placed for imports of bona fide technical and trade matter or advertising matter in one consignment and will not, therefore, qualify for the concession given in OGL.

(IV) 1 hough OGL 4 does not specity any parti- cular types of importers who are eligible to import the samples, it is clarified that only such importers as are connected with the production or commercial sale or distribution of goods are expected to be supplied with free samples/advertising materials by the foreign sup- pliers. It has, therefore, been decided that importers who are not connected with the production or com- mercial sale or distribution will not be allowed these concessions. However, the export promotion councils and Export Houses holding Export House Certificates issued to them by the Chief Controller of Imports & Exports, New Delhi may be allowed the concession re- garding the import of technical and trade samples under OGL No. 4 by the customs authorities.

(v) A trade sample is intended to promote sale of the concerned item for commercial purposes. A tech- nical sample is required by a manufacturer for improve- ment/development of the designs of his end-product (s). It may be clarified that the customs authorities will not allow an item sought to be imported as a trade sample under OGL No. 4, if the import of such item is not permissible for import under the policy in force at the time of shipment of the item in question. The customs authorities will also not allow an item sought to be imported as a technical sample if the importer is not engaged in the production of that item and is also not in a position to satisfy the customs authorities that his scheme for production of the item, in question, has been approved by the sponsoring authority con- cerned.

Import of erection tools by foreign technicians as Personal baggage on re-export basis

301. (1) Foreign technicians/experts coming to India for study, research or other approved pro- grammes may be allowed clearance, without Customs Clearance Permit, of tools and equipments relevant to their assignment in India, on re-export basis, subject to such undertakings as the customs authorities may require.

(2) Foreign technicians coming to India for erec- tion work may be allowed clearance, without Customs Clearaace Permit, of essential erection tools/testing equipment required for erection work, on re-export basis, subject to such undertakings as the customs authorities may require.

Import of equipment, raw-films etc, by foreign publi- cists like radio, press, films and television teams and television companies,

302. (1) Equipment and raw films imported by foreign TV companies coming to India will be exempt- ed from 1TC restrictions provided the visit Is spon- sored by the Ministry of External Affairs /Ministry of Information and Broadcasting/Department of Tour- ism, after obtaining clearance from the External Publicity Division of the Ministry of External Affairs and also the Ministry of Home Affairs where neces- sary. While allowing clearance, the Customs Authori- ties will obtain an undertaking from the importer, with a Bank guarantee or other surety, to the effect that the imported items will be re-exported by the importer while leaving India.

(2) Jmpun of uae-equipineni ana raw nlnis bj toreign tilm companies on -re-export basis, tpi shoot' Ing of films in India vvjiJ be. ueuted as cxtnjpl from import trade control restrictions, provided the import, in question, has been exempted from Customs Duty by the Ministry of Finance (Department oi Revenue) and has been cleared either by the Ministry of Information and Broadcasting or by the Ministry of External Affairs (Ex. P.D.).

Import of films by National Films Archives ot India,

Poona

303. Imports of films (i) as gifts (h) or on loan (ui) or on exchange (iv) or on payment from various foreign countries by the National Film Archive of India and by Tho Children's Film Society, Bombay, will be allowed without import control restrictions, provided tho import is exempted from payment ol" customs duty.

EXPORTS

Exemption from Export Restriction

304. No export licence is required for goods fall- ing within the purview of Clause 15 of the Exports (Control) Order, 1977. Similarly, no export licence is required for goods covered by Open General Licencefs) appearing in Import-Export Policy (Vo) II) 1983-84.

Bona fide Personal Baggag*

305. In order to save the travellers from the trou- ble of applying for export licences for items, export of which normally requires a licence and which they want to take out of India with them, either tor their personal use or as souvenirs, certain concessions are provided :

306. The bona fide personal baggage of out-going passengers, either exponed with the passengers, or, u unaccompanied, 'JxporUsd within four months before or after the passengers' departure from India is exempt from Export Trade Control restrictions. The time-limit in the above cases may be extended upto one year by the Collector of Customs in his discretion.

307. The concession is restricted only to the used or unused articles bated in Appendix 5 upto the limit prescribed therein, provided that the articles are meant for the personal use of the passenger or for the mem- bers of his family travelling with him, and are not in- tended for sale or transfer to other parties. If a passenger wishes to take out with him any article which falls outside the scope of the list in Appendix 5, he should apply to the customs authority at the pun ot cmbarjtauoii ur land lioiiticr customs post oi in the cace of unaccompanied baggage, at the port of ejcpoit The Collector ol Customt ii authorised to permit export in his discretion. Application! for ex- port licence in this connection will not ordinarily be entertained by the Export Trade Control authorities except in respect of any controlled food articles such as grains, pukes etc. if in excess of the quantities prescribed in Appendix 5.

Ship-Stores

308. Indian foreign going vessels and foreign vessels having Indian shipping agents touching Indian ports in the course of their voyage may take controlled food- stuffs and provisions like wheat, floor, rice, pulses* vegetable oils, etc. as ship-stores for the round voyage for the bona fide use of both crew and passengers on board the ship, on the scales notified vide Ministry of Transport and Shipping (Transport Wing) S. O. No. 2473 published in the Gazette of India on 2-8-1975 (Reproduced in Appendix 39), The export of items on the scales referred to above shall be allowed direct by the customs authorities

Export bj Port

309. Export of goods by parcel post, either as gift or for commercial purposes is regulated in accord- ance with the provisions of Postal Notice No. 13 dated 3-12-1973. The Postal Notice is reproduced in Appendix 17.

310. With the exception of the items falling within the purview of the ?ostal Notice, all other items are permitted to be exported by post (except to the Union of South Africa and South-West Africa) whether as gifts, or as commercial consignments, without export licences.

311. Parcels containing articles included in the Postal Notice are not allowed for export unless cover- ed by Export licences issued by the appropriate licen- sing authorities. Applications for licences should be made on Form B-X reproduced in Appendix 12,

312. Commercial samples sent by parcel post or otherwise by sea or air are covered by Open General Licence No. 2 reproduced in Appendix 7 to Import- Export Policy (Vol II) 1983-84.

313. It is, the responsibility of the sender to ensure that the parcel is covered by a proper export licence where such a licence is necessary, failing which the parcel is liable to be returned. The fact that a parcel is accepted by a post office in the first instance does not in itself constitute a guarantee that the require- ments of export control have been fulfilled and also no claim for compensation or for refund on account of postage will be entertained.

CHAPTER XII

BREACHES OF IMPORT/EXPORT TRADE

CONTROL REGULATIONS

314. The Imports and Exports (Control) Act, 1947 and the Imports ("Control) Order 1955 and the Exports (Control) Order, 1977 now In force, are reproduced in Appendices 1 and 2. Importers, exporters and other concerned should carefully read the provisions made in the Act and the respective Orders, any breach of which is punishable under law.

315. The Central Government in exercise of the powers confsrred on it by Section 6 of the Act, has authorised the following officers to make complaints In writing in courts in respect of any offence punish- able under Section 5 of the A c t :—

0) Joint Chief Controllers of Imports and Exports, (ii) Deputy Chief Controllers of Imports and Ex- ports, (iii) Customs Collectors and the Officers of Customs under the Customs Act, 1962 (52 of 1962), (iv) Iron and Steel Controller and the De- puty Iron and Steel Controller (v) Supfcrintendenta of Police in the Economic Offences Wing of the Central Bureau of Investigation-

316. Besides the penalties which can be imposed under Imports & Exportg (Control) Act, as amend- ed and the Customs Act, 1962, licence! issued may be cancelled or otherwise made ineffective under one or the other of the circumstances mentioned fa the Imports (Control) Order or Exports (Control) Order, as the case may be.

Cfeecktirg Ufflhattoii 61 Imported nuttiirtar*

317. (1) In order to check proper utilisation of im- ported materials by Actual Users and Registered ex- porters a system of checking has been in existence. Under this system, the licensing authority may, in consultation with (State) Directors of Induitrie* and other iponsoring tnthoritiea* carry out the necessary verification on random and selective basis of the ex- tent and the manner In which an Actual User has uti- lised tho imported goods having regard to the condi- tion mbfect to which the Import /allotment of such goods was allowed.

(2) Where an Actual User (Industrial) fs iubiect to a phased manufacturing programme In respect of any product, as laid down by the DGTD New Delhi or the Development Commissioner (SSI) New Delhi or the Department of Electronics, New Delhi or the sponsoring authority concerned, the components im- ported by such Actual User against an import UceDce or imder OGL, under the import policy in force, for the manufacture of such product, shall be otiliged by the Acfutf {.her concerned strictly m scrordance with the terms and conditions of such phased manufacturing programme. Any utilisation of Imported components in contravention of the approved phased manufacturing programme will render the Actual User liable to action under the import trade control regulations, with- out prejudice to any other action that the sponsoring authority can take under its own powers.

318. A Release Order is also subject to the condi- tion, inter-alia, that the holder shall maintain an ac- count of consumption and utilization of the imported matterials in the prescribed manner and produce 6uch accounts to the licensing authority/sponsoring autho- rity or any other concerned authority within such time as may be specified by such authority.

319. The type of offences which inter-alia would constitute breach of import /export trade control re- gulations would Include violation of any provisions of the Imports & Exports (Control) Act or the Ordert issued thereunder, or a condition subject to which a licence is issued as well as any misrepresentation In obtaining a licence or allotment of imported materials, or any other malpractice indulged In foreign trade. Action may also be taken for violation of any other fa* pertaining to customs, foreign exchange regula- tions etc.

120. Where a licence has or had been issued at any time provisionally or through error or Inadvertance or is in excess of the licence holder's entitlement or haa been obtained by misrepresentation or contrary to rules and regulations in force It will be open to the licensing authority to set off the value of such licence or adjust the same against the licence holder's subse- quent entitlement under any category for that Item dr any other Item or Items, without prejudice to any other action that may be taken in this behalf. This applies to allotments made by canalising agencies and Release Orders as well.

CanceHadon of Release Order

321 rhe licensing authority may cancel a Release Order issued for allotment of Imported goods or other- wise render it Ineffective on the same grounds as are applicable to cancellation of an import licence Before taking action to cancel the Release Order, a reasona- We opportunity of being heard In the matter will be Riven to th<* Relsase Order holder.

Responidhflttr of CfcarterM/Coft Acrbnntnnt/Chat-

frrejj Engineer

322. Charted/Cost Accountants and Charted En- gineer have been entrusted with responsible functions under the Import policy in various regards It Is expected of them that they will exercise due care and diligence in furuishinc such certificate* to tie appli- cants concerned. Failure on their purt to do "o and fnnmhing of incorrect or an improper certificate will render them liable to penal action under law This will equally apply to all other persons to whom a similar responsibility has been entrusted under the import poflcv

CHAPTER XU1

UNAUTHORISED IMPORTS

Valid Imports

323.1mport is validly covered by a licence whei' the description, value and the quantity ol imported goods are in accordance with the licence and the ship- ment/despatch of the goods from the supplying coun- try takes place within the period of validity of the licence.

Imports not covered by licences

324. If any article, requiring a licence, is imported or sought to be cleared without a valid licence, its entry into the country will be treated as unauthorised and the importer/owner of the goods will be liable to punishment under the provisions of the Customs Act, 1962 without prejudice to any other action that may be taken in this behalf under the Imports and Exports (Control) Act, 1947 and the Order issued there- under.

Custom's Jurisdiction

325. The clearance of goods and the assessment of duty will be dealt with by the Customs authorities. It is within the jurisdiction of the Customs authorities to determine whether or not the goods imported are in conformity with the description given In the licence. Although in case of doubt in regard to the correct description of goods given in the licence or any other matter concerning the import, the Customs authorities may consult the Import Trade Control authorities, the matter rests with the Customs authorities finally.

Joint Committee

326 In order to help the importers in cases of

genuine difficulties, a Joint Committee of the Licens- ing and the Customs authorities has been set up at each port. The Committee meets regularly and deals with both pre and post-importation enquiries and diffi- culties of importers.

Requests for amendments to be made before shipment

327. If the importer finds any discrepancy in a licence, he should immediately apply to the licensing authority concerned for an amendment in the licence. The request for such an amendment should in any case be made before the goods have been shipped des- patched from the supplying country, so that if, fox any reason Hie change or amendment is not permit- ted, and iiflp) rter may be able to advise his suppliers to malira the necessary adjustment. In seeking any amendment or rcvalidation of a licence, it should clearly be pointed out by the applicant whether or not shipment'despatch of goods covered thereby hai already been made, either wholly oi partly. Any mis- leading or wrong statement in this behalf will render the licensee/importer liable to action under the Im- port Trade Control rules and regulations.

328. The requests, if any, for amendment of a lic- ence made after the shipment/despatch of the goodf from the supplying country are liable to be summarily rejected by the LT.G authorities. The matter in such on event will rest with the Customs authorities. The importer should, therefore, approach the Customs authorities who will deal with such cases with refe- rence to the relevant rules.

Penalty for nniuthortsed hnporti

329. The fine/penalty imposed In respect of un- authorised Imports Is likely to be heavy and may lead to even confiscation of the goods or prosecution of the importer/owner of goods. In special circumstances the importer/owner of the goods may be allowed to re-ship goods; but in such a case also, the importer/ owner of the goods wffl be liable to pay fine/penalty. Therefore, the Importers should, In their own interest, ensure that what is being imported by them into the country, is In strict conformity with the licence description in every respect and that the consignment Is neither In excess of the licensed value or quantity limitations nor different In any way from what to authorised to be Imported,

Clearance of goods when the Importer Is unable to produce the licence

330. In case where an importer claims to have a valid import licence to cover the goods imported by him but is unable to produce the licence to the Col- lector of Customs at a praticular port owing to sim- ultaneous arrival of the goods covered by the licence at different ports, or for any other reasons, the Col- lector of Customs may, if he is satisfied with the plea put forward by Importer, permit clearance of the goods in so far as Import Trade Control Regulations are concerned on the importer executing a bond o( | a letter of jjuarantee in form given hi Appendix 25. ilt is at the discretion of the Collector of Customs either !to accept the bond or the letter of guarantee from the Importer, for the production of the import licence far the goods at a later date.

CHAPTER XJV

PUBLIC RELATIONS

331. Public Relation Officers have been posted at the head quarters and the regional offices of the Chief Controller of Imports and Exports. Tn smaller offices, the head of the office will himself perform this function.

Counter Assistance System

332. For speedy disposal of applications for licen- ces, the "Counter Assistance System" has been intro- duced in the licensing offices. Under this system, offi- cers not below the rank of a Controller will be avail- able at the counter in each licensing office to under- take a quick scrutiny of the application for a licence before it is formally filed. Applicants can, therefore, approach such officers at the counter and show their applications to them, duly filled in. The officer con- cerned will go through the application and point out to the applicant if there are any deficiencies In it. This sort of prior scrutiny of the application will undoub- tedly help the applicants, thus minimising considerably further correspondence and delay in disposal.

333. Counter System can also be availed of for amendment of a minor nature or revalidation of licen- ce, which does not require detailed examination, such as request for correction in the list of goods, affixing security seal on the licence or on the list of goods or the signature of the licensing authority below any con- dition imposed on the licence or on the list of goods attached to the licence. Applications in such cases will be received at the "Counter" against a proper receipt and the applicant will be given a definite date for col- lecting back the licence on surrender of the said receipt.

Checks on delays

334. (1) Every effort is made to avoid delay in the disposal of applications for licences or correspondence. Cases of inordinate delays may be brought to the notice of Public Relation Officer.

(2) For expeditious processing of import applica- tions, a system of "time-bound" disposal has also been introduced in the regional licensing offices. Details of the system are available in all offices of the CCI&E.

335. Complaints regarding delay addressed to the Chief Controller of Imports & Exports. New Delhi, should be specifically marked 'Complaint against de- lay* at the top of the communication containing the complaint. In order to facilitate timely action on such complaints, the applicants are advised to send 'heir complaint* in duplicate

48—2 Commerce/83

Enquiry Slip

336. Where an applicant does not receive a reply to his application within a period of 15 days from the date of its submission (10 days in cases of amend- ment/revalidation) and the applicant desires to find out the position of his case, he may fill up the enquiry slip form, given in Appendix 30, and hand it over to the enquiry counter in the concerned licensing office. The Public Relation Officer/Enquiry Officer will inti- mate the date and time to the applicant for obtaining the relevant information. He should call at the office on the given date and time to collect the information,

Clarifications on Import /export policy/and pro- cedures

337. Attention is specially invited to the provision! of Chapter 20 of the Import-Policy 1983-84. Persona who wish to have any guidance in regard to the Im- port/export policy generally and the connected pro- cedures can approach the Public Relation Officers in the regional offices. If they are not satisfied with the information given by the Public Relations Officer, they would be given an opportunity of meeting the head of the office. The Chief Controller of Imports and Exports will also be glad to entertain communications on policy and procedures emanating from Chambers/ Associations of trade and industry. In order to avoid the need for piecemeal clarification, on the same points, they may consolidate their queries on a month- ly basis. The CCI&E, will circulate the replies to those making the queries as well as to the Chambers and Associations who subscribe to the publications of the Department of Commerce.

Interviews

338. Ordinarily, all matters should be settled by correspondence but the applicant may also avail of the facility of enquiry slip for ascertaining the position of his case. However, in cases, where an applicant con- siders it necessary to discuss in person, with the Licens- ing Officer, after not being satisfied with the informa- tion given in the enquiry slip or regarding an appeal, he may book an interview with the Officer concerned. Requests for interviews will in suitable cases/situarJoni be entertained even where the applicant has not made use of the facility available in para 336 above.

339. (1) Interviews with the Chief Controller of Imports & Exports. New Delhi, and the heads of re- gional licensing offices should be arranged through their private secretaries.

(2) Interviews with other officers should generally be booked through the Enquiry Officers attached to each licensing office. The applicant should give the purpose of interview and the particulars of his case In the prescribed profornia vide Appendix 16. The pro- furma need not be filled in for interviews with Public Rrlntions Officers. Applicants, particularly from Out-

- "*Uon may be granted interview, on request giving the particulars of the case without filing in the prescribed proforma.

(3) Officers of the rank of Jt. C.C.I. & E. or above hi the office of Chief Controller of Imports and Ex- ports, New Delhi may allow interviews in urgent cases without the applicant having to fill in the proforma in Appcndix-16.

340. Except where otherwise authorised, interviews

will be granted only by officers of the rank of Deputy Chief Controller of Imports and Exports or above. If should be noied that the person desiring to book an interview should be pioprieler/partnet/director of the applicant firm or company, or a person in its regular employment or a person duly authorised by the ap- plicant firm by a written letter of authority which should be produced before the Enquiry Officer and the Interviewing Officer at the time of booking/seeking Interview. The person seeking interview should corn- ply with all the instructions concerning such interviews displayed on the notice boards in all the licensing offices or otherwise published. Entry into the room* occupied by the clerical establishments or personal contact with the t>tafT of the Import Trade Control Organisation is, however, strictly prohibited.

341. (l) A licensing authority may al its discretion refuse interview to a person not being the proprietor/ piirtner/director oi' the applicant firm or company or in its regular employment even though he may be holding a letter of authority from the applicant firm.

(2) In their own interest, the importers and ex- porters should send advance intimation to the licensing authorities concerned, giving names and full addresses of the persons (other than the proprietor/partner/ director of the firm or company or In its regular em- ployment) who are authorised by them to represent their cases in the licensing office. Such Intimation should be sent, in writing, to the Public Relation! Officer of the concerned licensing office, so as to reach not later than 15th May, 1983. Thereafter, interviews to such persons will be allowed only if their name* have been duly intimated, except in cases where the interviewing authority allows for other convincing reasons such a" the Chambers/Associations of trade/ industry representing cases of their members.

(3) Importers and Exporters who sent intimations to licensing authorities under sub-para (2) above in 1982-83, need not again send the same Intimation, unless there is any change in the names sent earlier.

CHAPTER XV

MISCELLANEOUS

#ort of Registration

342. Every import licence granted under the Im- port-Export Policy will be valid for import of the goods through any of the Customs Ports (including Air Customs) in India. No endorsement would be made or is necessary to such effect. Hence, each licence-holder is advised to get his licence registered in accordance with the Customs Act, 1962 and the rules and procedures thereunder, with the appropriate Customs authority of the p on through which he intends to effect import.

time, the balance value left in the main licence is also not less than Rs. 5 lakhs; and

(ii) Where the main licence is valid for import of an item subject to both, percentage, value limit as well as the overall maximum value limit, the main licence and also the 'split- up' licence will, apart from the percentage value limit, bear the proportionate specific maximum value limit also, so that the 'split- up' licences do not result in the item-wise value exceeding the permisible limits.

Split-op licences

343. ( 1) The licensing authorities may consider re- quests for issue of 'split-up' licences against a main licence, for clearance of goods at different customs ports, or for part transfer of R EP licences. The licensee should give adequate justification in support of his request for 'split-up' licences. The request for 'split-up' licences will be entertained only prior to registration of the main licence at the customs, port. (For clearance of goods through different sections of the same custom house, the licensee can obtain subsidiary licence under para 344 below).

(6) Request for issue of a 'split-up' licence may also be conidered in cases where RhP licence holder mtends to transfer a part of the REP licence and to utilise the remaining part with 'Actual User' condition. In such cases, not more than one 'split-up' licence will be lsued against a main licence, except in cases co- vered by sub-para 5 above.

(7) Applications for 'split-up* licences hould be accompanied by bank receipt/ bank Draft showing the payment of prescribed application fees of Rs. 25 foi each 'split-up' licence.

Subsidiary licences

(2) While issuing 'split-up' licences, the value of the main licence will be correspondingly reduced. The 'split-up' licences win have the same period of vali- dity as the main licence.

(3) In the case of Automatic licences issued to Actual Users (Industrial), the 'split-up' licence will bear a condition that they shall not be valid for import of banned items.

344. (1) In order to facilitate the clearance ot goods through different sections of the same Customs House, the licensing authorities at the ports will consj • der requests for the issue of subsidiary licences against an existing licence. The requests for issue of subsi- diary licence can be made to any Port Licensing Authority. Such requests will also be entertained by the regional licensing authorities in respect on licences issued from the Headquarters office of the Chief Controller of Imports and Exports, New Delhi.

(2) Subsidiary licences for clearance of goods at

(4) In the case of Additional licences issued to Ex- port Houses, Trading Houses, while issuing "split-up" licences, the lecensing authority will endorse the mam licence as also each 'split-up' licence as under :—

The licensee shall ensure that total import of a single Item against the main licence and the 'spit-up' licences put together, shall not exceed the maximum value limit laid down, and shah" subscribe a declaration to this effect on the relevant Bill of Entry'.

Alternatively it will be open to the licensee to divide the maximum value limit permissible for each item amongst the main Additional licence and its 'split-up' . licences, as long as the total value allowed for import in respect of that item does not exceed the maximum Item-wise value permissible under the policy.

(5) Requests for the grant of 'split-up' licences may also be entertained in respect of REP licences (othei than Additional licences) provided :—

(i) The value of a "ipllt-up" licence asked tor la not less than Rs. 5 lakhs and, at the same air ports—Requests for issue of subsidiary licences will also be considered for the clearance of goods through the Customs authorities at the airports.

(3) Applications for subsidiary licences.—Tht following points should be borne in mind by the ^pplicani while applying for subsidiary licences :—

(i) Applications for subsidiary licences should be made sufficiently m advance of the des- patch/shipment of goods from the supply- ing country. A licensing authority may, however, consider an application for the grant of a subsidiary licence after the ex- piry of the main licence to enable the licensee to clear goods shipped within the validity period of the main licence.

(ii) The facility of the grant of gubsidifli., licences will be given irrespective of the value of the original licence.

tin) Subsidiary licences, where granted will be subject to lace value restrictions or any other conditions applicable to the main licence. It is open to the importers to apply for and obtain separate subsidiary licence specifically valid for the items with face value restrictions upto the per- missible limits. These licences showing the value of restricted items permissible against the main or original licence will also be valid lor import ol non-restricted items.

auual irnpon, and are detected as such at the umo ot clearance through the customs, no fresh licence will be issued to cover the goods. In cases where the vahdJty of original licence has expired, the same will be revalidated to facilitate the re-import of such goods.

(3) In the cases not covered by sub-para ( I) and (2) above licensing authority may consider, on merits, applications lor issue ot replacement licences. Sucb applications may be made in the form relevant to the category of the applicant concerned.

Payment to snppliers

(iv) The applications for subsidiary licences should also be accompanied by bank leceipt bank, dralt showing the payment of the prescribed application fees ot Rs. 2 5 /- tor each subsidiary licence.

(v) Subsidiary licence will have the same period of validity as the main licence. The re- validation, if any, granted in respect of the main or original licence will also apply to the subsidiary licence. For facility of clear- ance, the licensing authorities will mdicate the period of validity on the subsidiary licence.

(vi) The number and date of the main licence will be endorsed on the subsidiary licence for facility of reference and check.

While issuing a subsidiary licence, the licencing authority will make a suitable endorsement on the main licence (both customs and exchange control copies) making it invalid for clearance ot goods and for remittance to the extent of the value/items of the subsidiary licence. It will be open to the licensing authority to issue subsidiary licence only of the Cus- toms copy, and not of the exchange control copy of the main licence.

346. (1) When goods are to be imported undei an Open General Licence, authorised dealers in foreign exchange have been permitted to open letters of credit or mate remittances to cover the imports on their being sati&hed thai the goods ordered are covered by the Open General Licence.

(2) With regard to goods not covered by an Open General Licence, no letters of credit can be opened or remittances ot foreign exchange made unless th" importer is in possession ot a valid import licence with exchange control copy. When applying to an autho- rised dealer in foreign exchange for remittance ol toreign exchange, the licence hoder should produce before him the copy of the licence marked 'for exchange control purposes'.

(3)It should be noted that m opening any letter of credit, the date ot expiry ot the O.G.L. or the vahd licence should be kept in view for determining the period for which the letter of credit should be kept open for negotiation.

Replacement Licences

345. (1) Goods imported in replacement of those previously imported which have been found to be de- fective or otherwise unfit for use, or have been lost or damaged after import, would be allowed to be cleared under Open General Licence No. 4 provided the con- ditions stipulated under the said OGL are fulfilled. In respect of such replacement imports, the shipment should be made within 24 months from the date of clearance of the previously imported goods through the Customs or within the guarantee period in the case of machines or parts thereof. Cases., where shipments for replacement have not been made within 24 months will not normally be considered. However, in cases of genuine hardship, for reasons beyond the control of the applicants, the licensing authority may consider such requests on the merit of each case. In such rases, the applicants should produce the same docu- ments as have been laid down for import under OGL No. 4, and should give reasons for which import could not made under OGL No. 4.

(2) In cases, where the goods have been found

short shipped, short-landed or lost in transit prior to 347. No remittances in advance ot the receipt ol the shipping documents.—It may be noted that whereas letter of credit can be opened on the basis ot the exchange control copy of the licence in advance of the shipment/despatch of goods, remittances can be made only on receipt of shipping documents. In the case of licences for Capital Goods and Heavy Electrical Plant, however, a part payment may be authorised by the Reserve Bank of India as an earnest money payable to the foreign suppliers.

348. (1) The value shown in an import licence a always the c.i.t. price of the goods to be imported, and it includes commission allowed by the supplier/ manufacturer to the importer or agent. The value debitable to an impon licence for Customs purposes will be the c.i.f. value of goods imported as assessed by the Customs authorities. The remittance against goods covered by the import licence would however, be governed by the Exchange Control Regulations and it will exclude commission, discount or like re- bates allowed by the foreign supplier/manufacturer to the importer/agent. Therefore, the licensing authority will specially endorse a condition on the licence to the effect that payment authorised to be made against it shall not cover commission, discount or like rebates allowed by foreign supplier/manufac- turer to the importers/agents in India.

N o t e: T he c.i.f. value ot the goods also includes stevedoring charges, as it forms a part of the freight a nd such charges are debitable to the licence.

( 2) T he c.i.f. value cannot also be used to the full extent if the stores are shipped f.o.b. in such an event, a margin has to be left to cover the cost of insurance and freight to be paid for in rupees. When either the freight or insurance is paid in rupees in India, the amounts will be deducted from the value of the licence by the authorised dealer in foreign ex- change.

Provisional debitting of import licences by Customs

Houses

349. Import licences are sometimes debited with Loaded values' of the imported goods by Customs douses on a provisional basis. On subsequent ven- tication or on appeal, the quantum of loading is some- times reduced alter several licensing periods. Revali- dation of a licence on account ot reduction in the "loaded value'" will not be panted.

Banks as joint holders of licence*

350. (1) When an importer opens an irrevocable letter of credit through a bank and later fails to honour his bills, the bank concerned, which is com- mitted for the payment of the exchange to the foreign suppliers, finds itself in difficulty to import as it is not the licence holder. As a safeguard against this con- tingency, the exchange bank or authorised dealer through whom the later of credit is opened Is con- sidered as a joint holder of the licence to the extent of the goods covered by the credit which would thus enable ihe bank to honour its commitments with foreign supplier. The procedure in this respect Is contain?^ in Appendix 2?

(2) In the types of cases referred to in sub-para (1) of this paragraph and also in cases where the goods are pledged with a Bank or a State Finance Corporation and the borrower does not meet his obligation, the imported goods lying with the Bank or the State Finance Corporation, as the case may be, will be dealt with in accordance, with the provisions of Clause 10-C of the Imports (Control) Order, 1955, as amended. In such cases, sale of goods to Actual Users or S.T.C./M.M.T.C./State Small Indus- tries Corporation, or any, other similar agency, may also be effected in terms of the procedure laid down m para 374 of this book.

Re-Import of Goods after Repairs Abroad

351. In case ot goods which are not covered by savings (1) (j) of Clause 11 ot the Imports (Controlj Order. 1955 and which are exported for repairs and subsequent return, the importer should secure an im- port licence in advance and the goods for repairs should be exported only after obtaining the licence for their re-import, from the licensing authority con- cerned. Where the re-import of articles after repairs involves foreign exchange, the amount to be remitted towards the cost of repairs, freight and insurance be indicated in the applications for licence.

lhc above provision* will also apply to items ol Indian origin sent abroad for repairs etc. But in such cases a certificate from DGTD would be necessary to the effect that the goods, in question, cannot be repaired in India.

Note : In the case of accredited foreign correspon- dents, such requests for repairs of professional equip- ment will be considered on the recommendations of Hie Press Information Bureau.

Duplicate copies of Import/Export Licences/Customs

Clearance Permits/Release Orders

352. Where a Licence, (includini An Advance/ Imprest licence) Customs Clearance Permit or Re- lease Order is lost or misplaced an application for grant of duplicate copy thereof will be considered only, if the licensing authority concerned is satisfied about the bona fides of the request.

353. Such application should be made to the Hcen* sing authority who issued the original licence/Release Orders together with declaration about the port at which it had been registered by the licence holder. Such application should be accompanied by Bank Receipt/Demand Draft of Rs. 2 5 /- towards applica- tion fee and an affidavit on a stamp paper in the form prescribed in Appendix 20 duly sworn in before an appropriate Judicial authority.

354. The duplicate copy of the Licence/Release Order will be marked 'Duplicate' (on both the customs and the exchange control copies In the case ol import licences) and endorsed by the issuing authority in block letters as follows :—

"The Licence/Customs Clearance Permit/Releaaft Order has been issued in lieu of Licence/Custona) Clearance Permit/Release Order No. dated since cancelled to the extent of full value or partly utilised value of Rs ".

355. Intimation about the issue of duplicate copy of the licence will be sent by the licensing authority to the customs authority where the original licence has been registered. In cases, where the licence has been lost before registering with the customs authority, the intimation will be sent to all the customs authorities. The order of cancellation of the original licence will be published in the Gazette of India,

In the case of Release Order, intimation about the issue of duplicate Release Order will be sent to the canalising agency concerned.

356. No duplicate licence will be granted in respect ol freely transferable REP licences Issued against ei- ports made on or after 1-4-1978, However, the licen- sing authority may, in such cases, entertain applica- tions for the grant of duplicate licences in cases where the original licence has been Jost ot misplaced in the Import & Export Trade Control Organisation. Such applications will be decided at a level not below that of a Joint Chief Controller of Imports & Exports (In the case of offices headed by Deputy Chief Controllers, the approval of the Joint Chief Controller in the concerned region will be obtained).

licence Issued 1> dapllcata

357. Import licences are generally issued in dupli- cate. One of the copies known aa the Customs fur- poses copy is to be presented by the importer along with the bills of entry, to the Customs authorities for obtaining clearance of the goods imported. The other i.e., the Exchange Control copy is to be presented by the importer to the Bank for the purpose of opening a letter of credit or making remittance ol foreign exchange where no remittance of foreign exchange ifl involved, the exchange control copy of the licence is not issued.

Import of disposal, second-hand or re-condMoncd

goods

358. (1) In terms of the Imports (Control) Order, 1955, dated the 7th December, 1955, as amended, it is a condition of every licence that the goods for the import of which the licence is granted, shall be new goods, other than disposal goods, unless otherwise stated in the licence. Disposal goods, even if new, will not be treated as new goods.

(2) Requests for import o[ disposal on second-hand or reconditioned goods shall not be entertained except with the prior approval ol the Chiel Controller of im- ports and Exports, New Delhi, for import of recondi- tioned second-hand Capital Goods, however, the pro- cedure laid down in Chapter V of the Book will be applicable.

Refusal of Licence/release order

359. (1) A licensing authority may refuse to grant

a licence/release order :—

(a) if the application lias not referred to the provision of the Imports (Control) Order, 1955 dated 7th December, 1955, as amend- ed;

(b) if such application contains any false or

fraudulent or misleading statement;

(c) if the applicant uses in support of the appli- cation any document which is false or fabri- cated or which has been tampered with;

(d) if the application for the licence/release order is defective and does not conform to the prescribed rules and procedure;

(e) if the applicant is noi eligible to the grant of licence/release order in accordance with the relevant Import Trade Control Policy and procedure in force;

(i) if the applicant fails to produce any docu- ment that is called for by the licensing authority;

(2) A licensing authority will also refuse to grant a licence under the provisions of clause 6 of the Im- ports (Control) Order, 1955 dated 7th December 1955, as amended.

360. A form of bond to be executed by importers for fulfilment of export obligations is given in Appen- dix 22.

Recognition of Research and Development Units

361. Such of the Research and Development Units attached to industrial undertakings as are desirous of getting the benefits of imports under OGL in terms of Import-Export Policy, 1983-84 may make an applica- tion for recognition by the Central Government to the Department of Science and Technology, New Delhi. The application shall bo made to the Secretary, Department of Science & Technology, Technology Bhavan, New Mehrauli Road, New Delhi-] 10016, in form prescribed in Appendix 19 in 12 copies. The recognition is granted normally for a period of 3 years terminating on the 31st March of the respective fiscal year. In certain cases the recognition is granted for a short period also. For the renewal of recognition application should be made 3 months in advance of the expiry date in the proforma prescribed in Appendix I 9-A in 6 copies.

362. However, in the case of following institutions no separate recognition irom the Departmeni ot Science and Technology would be necessary :—

(i) Departments of Central Government, re- search and/or training institutes under the Central or State Governments (other than Public Sector Undertakings);

(ri) All laboratories of CSIR, 1CAR and

ICMR;

(iii) All universities UTS Indian Institute of Science, and Indian School of Mines, Dhan- bad;

(iv) Any other institutions so notified by the Chief Controller ot Imports and Exports in consultation with the Department of Science and Technology; and

(v) All institutions set up by specific statute of

Parliament or the State concerned,

(vi) All associations in the Industrial Sector get-

ting grants-in-aid from CSIR/Ministries.

Change in the Name, Constitution or Ownership of

Actual User Business

363. Approval of the Chief Controller of Imports and Exports, New Delhi is not necessary for effecting a change in the name, constitution or ownership of licence holder so long as the legal obligations and liabi- lities of the transfer arc fully and individually taken over by the transferee.

Change of Name

(g) if the applicant has failed to make up a de- ficiency in his application within the time limit indicated by the licensing authority;

(h) if the applicant has used any unfair means in obtaining a licence/release order; and

(i) any other reason to be recorded in writing.

364. Where this results in no change in the busi- ness/activities or the identity of licence holder i.e. in effect there is no transfer of property involved, the licence holder (in his new name) should apply to the

licensing authority which has issued the licence, for necessary amendment of any current licence. Such request should be made through the sponsoring authority.

365. In his first application for a licence made after the date of change, it should be expressly brought out that there has been a change in name without any change in the ownership or constitution of his manu- facturing business. If in terms of the import policy in force, such application is required to be made direct to the licensing authority, and not through the spon- soring authority concerned, the Actual User should produce with his application a certificate of the spon- soring authority to the effect that the registration with the sponsoring authority in the original name ha* been amended accordingly.

Change in Ownership or ConstJtntioi

366. Where there is a change in the ownership or constitution (including a change by division) of an Actual User business, with or without a change in the name of the business, the following provisions will "pply :—

(i) If the original owner has had imported machinery or any other imported goods in the industrial unit concerned, be should obtain the prior permission of the sponsoring authority concerned for transfer of the business in favour of the new owner or the reconstituted concern, as the case may be. The intimation about the change should also be sent by the original owner to the licensing authority concerned. In cases, where there is a change in the constitution of business by admission or retirement or death of a partner and the reconstituted firm takes over the business as a whole without any change in its name or address, the prior permission of the sponsoring authority will not be necessary. The original firm should only send an intimation about the change to the licensing and the sponsoring authorities concerned.

(ii) In the event of change referred to in (i) above, the original owner should transfer in favour of the new owner or the reconsti- tuted concern, as the case may be, all the machinery and other material imported for use in the unit sought to be transferred.

Hii) Where an import licence had been issued to the original owner, and before the importa- tion of the goods against the said licence, the change in ownership or constitution takes place, the original and the new owner of the business should make a Joint application to the licensing authority, which had Issued the licence, for permission to transfer the licence in favour of the new owner or the reconstituted concern, as the case may be, In terms of the Imports (Control) Order, 1955. The application should be made through the sponsoring authority of the new owner and U should be expressly itated In the application whether the approval of the sponsoring authority appropriate to the original owner has been obtained in regard to the transfer of business as stated in sub- clause (i) above.

(iv) If there is no unutilised licence in hand at the time of change, the new owner or the reconstituted concern, as the case may be should in the first application for a licence made after the date of change expressly indicate that there has been a change in the ownership or constitution of the business. If in terms of the Import-Export Policy in force, such applications are required to be made direct to the licensing authority and not through the sponsoring authority con- cerned, an evidence should, wherever neces- sary, be produced with the application to the effect that prior approval of the sponsoring authority of the original owner has been obtained, in regard to the change in owner- ship or constitution and new owner has been duly registered with the sponsoring authority concerned.

367. Where an Actual User transfers only a part of the factory or imported machinery or where any other Imported materials are proposed to be sold by an Actual User, without selling his business or factory for which the goods in question were imported; or where an Actual User sells his factory/manufac- turing business, but the purchaser is not acquiring the imported raw materials, components, consumables or spares belonging to the industrial unit concerned and the Actual User has to sell such materials to another party, such sales will be governed by the procedure otherwise laid down in this Chapter and by Clause 10-C of the Imports (Control) Order, 1955.

368. Application for transfer of licences as above made on the recommendations of the sponsoring authority will be considered by a licensing authority only in cases where the transferee is not debarred or suspended from receiving licences under the Imports (Control) Order, 1955. In the same manner, a spon- soring authority will consider requests for transfer of business only in cases where both the transferor and the transferee are not debarred or suspended from receiving licences under the Imports (Control) Order. 1955.

369. The above provisions will equally apply to import licences issued to Registered Exporters, except in respect of REP licences issued under the Import Policy, 1978-79, if they are freely transferable.

Transfer/loaning of Imported good*

370. Where an Actual User is unable to utilise the imported goods for the purpose for which he secured the goods or the imported material is surplus to hia needs, he may transfer or loan such imported material to another Actual User with the written permission of the sponsoring authority concerned, provided both the buyer and the seller (lender and loanee) Actual Users are under the jurisdiction of the sftne ipoqsox- inp authority.

371. Where the respective sponsoring authentic* are different, but the contracting Actual Users we situated in the same State or Union Territory, the (State) Directors of Industries may gTant the permis- sion in writing for transfer/loan of the imported mate- rial and also monitor it thereafter. He will also inform the sponsoring authorities concerned ex-post facto.

372. In other cases, prior written permission of the licensing authority is mandatory. After agreeing upon the terms of the transfer, the two Actual Users i e. the buyeT and the seller, should apply through the sponsoring authorily of the buyer actual user.

373. The above provisions will be equally appli- cable to material imported under Open General Licence or obtained from a Canalising Agency

Transfer of Imported goods to a pnbllc sector agency

374. No permission is required either of the spon- soring authority or the licensing authority for the transfer of imported material to a public sector agency or a State (Small) Industries Development Corpora- tion. The Actual User shall only give an intimation by Registered Post of such transfer to the sponsoring authority and the licensing authority concerned, with- in a period of 30 day¹?

Disposal of imported floods by scheduled banks

375. The above procedure will apply to the dJs- posa] of goods tying with B scheduled Bank in a case where (a) it has cleared the goods from the customs as the joint holder of a licence against which the goods had been imported or (b) the poods imported bad been pledged with the banV by the licence bolder and the licence bolder is not in a position to take over the goods in question, provided the bank has acquired a legal right to the 5ale

376. In case the STC/MMTC or any other similar agency is not willing to purchase the imported goods frOm the bank and the bank has not been able to find out any Actual User willing to purchase such poods, through the sponsoring authority or through suitable advertisement in the newspapers of repute,

public or private sector 1 be unn which efiecU th" transfer should, within 30 days from the date of sucb transfer, send by Registered Post, the particulars of such transfer to the sponsoring authority as well as the licensing authority concerned. In cases not cover- ed by the above provisions, prior written permission of the licensing authority is mandatory

Transfer of Capital Goods

379. (1) No permission of the licensing autho- rity will be necessary for the transfer of imported Capital Goods, including spares, accessories (or attachment) thereof in favour of actual user only, after a period of ten years has elapsed from the date of their import. An intimation should, however, bo sent by Registered Post to the sponsoring authority as well as the licensing authority concerned within 30 days of the sale. It will be for the buyer to en- sure that, by purchasing the goods In question he will not exceed the licensed/authorised capacity.

(2) Cases pertaining to the transfer of capital goodi not covered by Sub-para (1) above will be governed by the provision made in paras 370-378 above.

Transfer of Goods Imported Into Free Trade Zone

380. The following procedure! will apply to the transfer /loaning of goodi imported into Free Trade ' ! 7ones :—

(1) The imported materials can be transferred or ffiven on loan to another unit in the same zone with th<* written permission of the Development CommJs- sioner of the concerned Tone.

fin Tht eoodt imported into Free Trade Zones will not be allowed to be given on loan to the units situated outside the Zon*,

(3) The value of the imported material bought by an Actual User will not be debited to his existing licence if any/normal entitlement.

(4) In the case of loaning/transfer of newsprint, the provisions of the Newsprint (Control) Order •hall be applicable

-V (5) The provisions made in paras 370—380 above will apply to imported goods which are damaged in fire or otherwise rendered unfit for use.

Scheme for Imports Through Association of Industry

Poblic Sector Corporations and Export Houses > Trading Houses.

382. ( DA public sector corporation, cooperative societies. Associations of industry and recognised ex- port-houses/tradinu houses will be allowed to provide assistance to small scale units in meeting their import requirements of raw materials components consum- ables and spares. They can obtain consolidated im- port licences on behalf of such units, for import and distribution of the material to the units concerned, subject to the provisions laid down hereunder :—

(i) Under this scheme, the agencv concerned

Ci.es an Association. Cooperative Society, public sector corporation, export bouse/ trading house) will make consolidated appli- cations in respect of units situated in the same State and engaged in the same indus- try, requiring substantially the same items of import. Applications will be made to the regional licensinr authority under whose Jurisdiction the induttrial unit* are situated. Separate applications should be made for unitti in each state/union territory.

(ii) In the case of Associations and Cooperative Societies, application! wil) be entertained only from those which have been recognised by the concerned State Director of Industry for thii puroose.

(\\\) Application should be made in the form "M" appearing in Appendix 11. It should be accompanied by a statement giving the particulars of the units concerned their names and addresses (including factory ad- dress) the number and date of SSI registra- tions the end-products manufactured the value applied for item-wise in each case and the respective aggregate values. There should also be a declaration of each unit con- cerned to the effect that the material im- ported shall be used in its own factory as per "Actual User" condition. The consump- tion certificate of each unit in the case of Automatic licence should also be furnished For supplementarv licences, the agency should apply through the sponsoring autho- rity concerned with all the above particu- lars except that, instead of the consumption certificate, a note sivinp the lustification for supplementary licence should be gvien for each sale.

A9,—2 ^omrrrrci.-/jn

(iv) Applications fees payable on such consoli- dated applications will be calculated in rela- tion to the aggregate value applied for. (v) Under this scheme, Lnew' or 'proposed' units

wil] not be covered.

(vi) Import licences wil] be issued in the name of the applicant agency concerned, with a list of items allowed for import and the value and/or quantity for each item, the limiting factor being the over-all value of the licence.

(vii) Import licence shall be subject to the con- dition that the agency shall distribute the imported material to the units concerned, on whose behalf it has obtained the licence, and report the distribution to the licensing authority concerned and the sponsoring authority concerned.

(2) The scheme will also apply for obtaining allotments of canalised items covered by "direct' allotment scheme. For further details, the agencies should contract the canalising agency concerned.

(3) This scheme wiU also apply for meeting the re-

quirements of cottage sector units or individual users such as fisherman/farmers etc. through their recog- nised Association or public sector corporations only.

(4) Any licence granted/direct allotment made as above is subject to the condition that the materials as secured shall be distributed by the agency to the Actual Users (Industrial) on whose behalf the appli- cation for a licence/direct allotment had been made, on turn, every small scale unit participating in the said licence or allotment, shall individually be subject to the Actual User condition, as if the licence/direct allotment had been granted in its own name and favour.

(5) Import of spares of motor vehicles/agricultural factors has been allowed under Open General Li- cence to persons owning imported motor vehicles or agricultural tractors, as the case may be, upto a c.i.f. value of Rs. 5000/- per vehicle/tractors, in a financial year for their own use, subject to the conditions stipu- lated in the Open General Licence. This facility can also be availed of by registered Association/Co-ope- rative Societies having owners of imported motor vehicles or agricultural tractors as their members for import of spare parts of motor vehicles and agricultu- ral tractors on behalf of their members. At the time of clearance of the imported goods and at the time of remittance towards imports, the concerned Associa- tion/Co-operative Society shall produce the follow- ing documents to the customs authorities/foreign exchange dealers :-—

(a) A list of the members on whose behalf the import has been made givbiR (i) the name and address of the member, (ii) malce of the Imported motor vehicle/tractor owned by the member, (ill) No. and date of regis- tration certificate of the vehicle/tractor, Hv) the date unto which the recWration certifi- cate is valid and (v) the c.i.f. value of spares Imported for the member concerned,

(bj A declaration from each member duly counter sinned bv the Association /Co- operative Society, to the effect that the mem- ber has made upto-date payment of taxes under the Motor Vehicles Act. 1939 and that the c.i.f. value of such Roods already imported during the same financial year for the same motor vehicle or agricultural trac- tor, doeg not exceed Rs. 5.000/-. ID the declaration, the member concerned should also state that he has authorised the Associa- tion Co-operative Society concerned to effect imports on his behalf

(c) The currently valid certificate of registration of the concrned Association or Corpora- tive Society under the relevant statute.

It shall be a condition that the imported spares shall be supplied bv the importing Association /Co- onerativp Society to the individual members for whom the import is made. The Association /Co-operative n directly

f6) Import of spares for tractors under sub-para (5) above may also be undertaken by State Agro-In- dustries Corporation, on behalf of individual tractor owners in their respective States. In their case, how- ever, the detailed procedure outlined in sub-para (5) above will not apply. Instead, they will declare in the relevant Bill of Entry, or any other documents pres- cribed by rules that "the spares have been imported on behalf of individual owners of imported tractors situat- ed in (name of State/Union Territory to be given), under the provisions of the import policy in force," It will be the responsibility of the Corporation to ensure that the individual tractor owners who obtain supplies throurh them do not separately import themselves directly or through associations/cooperative societiel ^ferred to in "ub-para (5) above, durin| the same licensing period and are not defaulters to payment of 'axes under Motor Vehicles Act.

Imports through Agents

3R3 (1) Tn the Import policy In forci tlnce 1078-79 no special provision has been made for the licensing authority to issue a letter of Authority, au- thorising another person to import goods against a licence on behalf of the licence holder. The Ucence- hoider is hereby given the authority to appoint- person as his Agent for arranging the Imports per- mitted by the licence. The licence should, however, continue to be in the name of the licence-holder and the other provisions of the Imports (Control) Order, 1955. in regard to the duties and obligations of the licence-holder or Letter of Authority holder wil] con- tinue to apply respectively to the persons concerned. Subject to these conditions and legal requirements. It will be open to the licence holder to decide upon hi" own form of Letter of Authority Bnt the function! of ti" bolder of vach Letter of Authority ih*)l be HmWrd to pla^e orders, to open Lcuer of credit, to make re- mittance of payment for importing the goods, to ar- range movement and to clear the satne through the customs having regard to Sec. 147 of the Custom* 4ct, 1962, on behalf of the licensee and other related matters connected with the operation of the licence in question, but not its ownership.

(2) The facility provided in sub-para (1) above w^J_ not be available to export houses and trading houses for import being made against import licences marked "Non-transferable", for example. Additional licence or REP licence marked "Non-transferable" under the import 'policy m force. For such licences, the export house/trading bouses are not allowed to appoint agents or issue letters of authority, for operating on the licence or for distribution of imported goodi on their behalf. Such functions should be performed by the export house/trading house Itself Where an export house or trading house is in need for appoint- ing an agent for any valid reasons, in reaped of anv particular licence on item to be imported, It should approach the Chief Controller of Imports St Fxports, New Delhi for prior permission, which CCT&E. New Delhi may consider, on merits, snbiect to such coo- ( ditions as may be imposed.

(3) The facility provided in sub-para (\) above will also not be available to Tndian agents of foreign maebfnery/instruments manufacturers, in the rase of licences issuod to such agents for import of spares for stock and sale, under the provisions of the relevant im- port poiipy in force.

384. M) A person effecting imports under en Open General Licence may utilise the service* of an Agent oplv for the purpose of placing an order arranging movement or clearing the epods through customs but not for effecting remiftflncej or opening letter* of cre- dit. The person entitled to the facility of the Open General Licence will be Hab1e to the snmr legal obli- gations and penalties arising our of the Agent's action or Inaction undirr law. q" he Wmieif would be ofher-

(2) Tn the following cases, the agents can BINO open letters of credit and make remittances on behalf of eligible Importers ;—

(\) Agenl Importing goods for scientific or re- search laboratories, institutions of hither education and hospitals, recognised by the Central or a State Government.

Cii) Agents importing goods for Government de- partments, public sector ent"rprisef nwned or controlled by Government, Central or Stafe. and statutory bodies set up by an Ac" of Parliament.

(iii) Export Houses/Trading House* holding valid Export House/Trading House certifi- cates Issued by the Chief Controller of Im- ports & Exports and Importing toods on be- half of Actual Users.

fly) Co-oporative Societien or Associatinni of Actual Users recognised by the concerned State Director of Industries and importing

foodi on behalf of their member?

(v) Public Sector Undertakings/agencies impor-

ting goods on behalf of Actual Usen.

(3) In cases covered by sub-para (2) above the imported goods shall be delivered by the concerned co-operative Society/Association or the agent, to the beneficiary Actual User, An account (in the form of R e g i s t e r) should be kept of all such imports and dis- tribution and it shall be available for inspection by the Licensing Authorities and sponsoring Authorities at all times.

(4) The above arrangements will confer no immu- nity on the licence-holder, or, in any way, absolve him from any of the responsibilities under the Import* (Control) Order 1955, were the imported goods to be misutilised in any manner or were there to be any violation of the Import Policy (In regard to utili- sation of the connected licence) made by such an agent.

Afflendment/Revalidatlon of Licences

385. All requests for amendment or revalidation of a licence shall be made by the licence-holder only; it will also be his responsibility to produce the licence before the licensing authority for getting such amend- ment or revalidation effected. This function cannot be performed by the agent.

Containers Us*

386. In order to enable the country to effect import at economic cost, the licence holders or persons eligi- ble to effect imports under Open General Licence may bulk their imports originating from the game source/port of shipment, in containers.

Associated Concerns

387. For the purpose of Imports/Exports Policy and Procedures, the following will be the criteria for determining whether any two concerns are tisio dates :—

(i) The two concerns arc assessed to Ineomt

tax jointly or have common ownership, or

(ii) The two concerns arc assessed to Income-tax separately and have no common ownership but

(a) a partner in one of the concerns having a major share therein is the propnetoj of the other; or

(b) a partner or set of partners in one ot the concerns has/have a major share in the other; or

(iii) One of the concerns is a limited company and a director of the limited company has interest in the other concern as proprietor; oi

(iv) One of the concerns is a consultant to or a

contractor of the other; or

(v) the concerns are limited companies with substantially common Boards of Director! or with registered offices located at the same premises

Import of Pesticides

388. Any person importing pesticides under OG1 or a licence, against payment or as l'ree sample, or otherwise should inform the Plant Protection Adviser to the Government of India, Faridabad, giving the par- ticulars of the import made. The proformae in which the intimation should be sent is sjiven in Appendix-40

APPBNDIX-1

IMPORTS AND EXPORTS (CONTROL) i ACT

(3) Notwithstanding anything contained in the aforesaid

Import* and Exports (Control) Act, 1947 "• •mended

upto 30th April, 1979.

An Act to prohibit or control import* and export*.

Whereas it is expedient to prohibit, restrict or otherwise

Act, the Central Government may, by order published in tye

Official Gazette, prohibit, restrict or impose conditions on the

clearance, whether for home consumption or for shipment

abroad of any goods or class of goods imported into

India.

control imports and exports.

It Is hereby enacted as follows :—

1. Short title, extent, commencement and duration.—(1)

This Act may be called the Imports and Exports (Control)

Act, 1947.

(2) It extends to the whole of India.

(4) Continuance of existing orders.—All orders made

under rule 84 of the Defence of India Rules, or that rule as

continued In force by the Emergency Provisions (Continu-

ance) Ordinance, 1946 (Continuance of Existing Orders, XX

of 1946), and in force immediately before the commencement

of this Act shall so far as they are not inconsistent with the

provisions of this Act, continue in force and be deemed to

have been made under this Act.

(3) It shall come Into force on the 25th day of March,

1947.

2. Definitions.—In this Act, unless the context otherwise

requires,—

(a) "adjudicating authority" means the authority speci-

fied in, or under, section 4K;

4A. Fee for applications for, and issue or renewal of

licences.—The Central Government may by order levy, rob-

Ject to such exceptions, If any, in respect of any person or

class of persons as may be specified in the order, any fee In

respect of any application or in respect of any licence grant-

ed or renewed under any order made or deemed to have

been made under this Act

(b) "Appellate authority" means the authority referred

to in section 4M;

(c) "Chief Controller" means the Chief Controller of

Imports and Exports;

(d) "control order" means a control order made, or

4B. Power to enter and inspect.—Any person authorised hi

writing In this behalf by the Chief Controller or any officer

serving under him, not being an officer below the rank of a

Deputy Chief Controller (hereinafter in this Act called the

"authorised person"), may enter, at any reasonable time any

premises in which—

deemed to have been made, under this Act;

(i) any Imported goods or materials which are liable

(e) "customs station" has the meaning assigned to it in

to confiscation under this Act, or

the Customs Act, 1962;

(f) "Deputy Chief Controller" means a Deputy Chief

Controller of Imports & Exports;

(11) any books of acccount or other documents or thing*

which, in his opinion, will be useful for, or relevant

to, any proceeding under this Act.

(g) "Import" and "export" means, respectively, bring-

ing into, and taking out of lad to by tea, land or

air;

are suspected to have been kept or concealed and inspect

such imported goods, materials, books of account, other

documents or things and may take such notes or extracts

from such books of account or other documents as he may

think fit.

4C. Power to search.—If the authorised person has any

(h) "letter of authority" means a letter authorising the

licensee to permit another person, named in the

said letter, to import goods against the licence

granted to the licensee;

reason to believe that—

(I) any Imported goods or materials liable to confisca-

tion under this Act, or

(i) 'licence" means a licence granted, and include! a

customs clearance permit issued, under any control

order;

fj) "prescribed" means prescribed by rules made under

this Act;

(II) any books of account or other documents or thingi

which, In his opinion, will be useful for, or relevant

to any proceeding under this Act.

(k) "recognised agency" means an agency to which the

functions of distribution of Imported good* have

been assigned by the Chief Controller.

are secreted in any place, he may enter into and search such

place or premises for such imported goods, materials, book*

of account, other documents or things.

3. Power* to prohibit or restrict Imparts find exports.—(1)

fhe Central Government may, by order published in the

Official Gazette, make provisions for prohibiting, restricting

or otherwise controlling In all cases or in specified class** of

cases and subject to such exceptions, if any, as may be made

by or under the order :—

(a) the import, export carriage coastwise or shipment

as ships stores of goods of any specified des-

cription;

4D. Power to seize Imported goods or materials.—(1) If

the authorised person has any reason to believe that any

imported goods or materials are liable to confiscation nnder

this Act, he may seize such goods or materials together with

the package, covering or receptacle, if any, in which such

goods or materials are found and where such goods or mate-

rials are found to have been mixed with any other goods

or materials, he may seize such goods or materials to-

gether with the goods or materials with which they are so

mixed:

(b) the bringing into any port or place In India of

goods of any specified description Intended to be

taken out of India without being removed from the

ship or conveyance in which they arc beinR

carried.

Provided that where it is not practicable to seize any such

Roods or materials, the auhoiiscd person may serve on. the

owner of the Roods or materials an order that he shall not

remove, part with or otherwise deal with, the goods or mater-

ials except with the previous permission of such authorised

person.

(2) All goods to which any order under subjection (1)

applies shall be deemed to be coods of which the Import or

export has been prohibited under section 11 of the Custom*

Act, 1962 (52 of 1962), all the provisions of that Act shall

huvc effect accordingly

f21 Where any goods or inntcrinls rue seized under sirb-

scciion fl) .tnd no action in respect thereof is given under

APPENDIX—1 (Costd.j

section 4L within six months of the seizure of the goods or

riaterials the goods or materials shall be returned to the per-

"on from whose possession they were seized :

and where he is satisfied that it is necessary to do to pre-

vent the contravention of any provision of this Act or of any

control order or condition of any licence or letter of autho-

rity, he may seize such conveyance or animal.

Prodded that the aforesaid period of six months may, on

sufficient cause being shown, be extended by the Chief Con-

troller by a further period not exceeding six months.

Bxplanatlpn.—Any reference in this section to a conveyance

shall, unless the context otherwise requires, be construed as

Including a reference to an aircraft, vehicle or vessel.

(3) The authorised person may seize any documents or

things which, in his opinion, will be useful for, or relevant

to, any proceeding under this Act

4F, Search and seizure to be made in accordance with the

code of Criminal procedure, 1973.—The provisions of the

Code of Criminal Procedure, 1973, relating to searcbea and

seizures shall, so far as may be, apply to every search or

seizure made under this Act,

4O. Confiscation—Any imported goods or material* in res-

(4) The person from whose custody any documents are

seized under sub-section (3) shall be entitled to make copies

thereof or take extracts therefrom in the presence of the

authorised person.

pect of which—

(a) any condition of the licence or letter of authority,

under which they were imported, relating to the utDt-

sation or distribution of such goods or materials, or

(5) If any person legally entitled to the documents or

other things seized under sub-flection (3) objects, for any

reason, to the retention by the authorised person of the docu-

ments or things, he may make an application to the Central

Government stating therein the reason* for such objection and

requesting for the return of the documents or things.

(b) any condition relating to the utilisation or distribu-

tion of such goods or materials subject to which they

were received from, or through, a recognised agency,

oi

(c) any direction given under a control-order with regard

(6) On receipt of an application under sub-section (5),

the Central Government may after giving the applicant an

opportunity of being heard, pass such order as It may think

fit.

to the sale ot such goods or materials.

(7) Where any document—

(a) Is produced or furnished by any perstn or has been

seized from the custody or control of any person

under this Act or any other law for the time being

in force, or

has been, is being, or is attempted to be, contravened, shall

together with any package, covering or receptacle In which

Huch goods are found, be liable to confiscation, and, where

such goods or materials are so mixed with any other goods

or materials that they cannot be readily separated such other

goods or materials shall also be liable to confiscation:

(b) has been received from any place outside India

(duly authenticated by such authority or person and

in such manner as may be prescribed) in the course

of the investigation or any offence alleged to have

been committed by any person against this Act,

and such document is tendered in evidence against the person

by whom it is produced or from whom It was seized or against

such person and any other person who Is jointly tried, or

proceeded against, with him, the court, oi as the case may

be, the adjudicating authority shall notwithstanding anything

to the contrary contained In any other law for the time being

In force.—

Provided that where it is established to the satisfaction of

the adjudicating authority tnat any goods or materials, which

are liable to confiscation under this Act, had been imported

for personal use, and not for any trade or industry, and that

they belong to a person other than the person who has, by

any act or omission, rendered them liable to confiscation, and

such act or omission was without the knowledge or conni-

vance of the person to whom they belong, such goods or

materials shall not be ordered to be confiscated; but such

other action as is authorised by this Act may be taken against

the person who has by such act or omission, rendered such

goods or materials liable to confiscation.

(i) presume, unless the contrary is provided, that the sig-

nature and every other part of such document which

purports to be In the handwriting of any particular

person or which the court or the adjudicating autho-

rity may reasonably assume to have bcenalgned by,

or to be In the handwriting of, any particular per-

son, Is under that person's handwriting, and In the

case of a document executed or attested, it was

executed or attested by the person by whom it pur-

ports to have been so executed or attested;

4H. Confiscation of conveyance.—Any conveyance oi ani-

mal which has been, Is being, or Is attempted to be, used for

the transport of any imported goods or materials which are

liable to confiscation under this Act, shall be liable to confis-

cation unless the owner of the conveyance or animal piovei

that it was, is being, or Is about to be so used without the

knowledge or connivance of the owner himself, hh agent. If

any, and the person in charge of the conveyance or animal

and that each of them had tnken all reasonable precautions

against such use :

(il) admit the document in evidence notwithstanding that

it is not duly stamped, if such document Is other-

wise admissible in evidence.

4E. Power to Hop and seize conveyances.—Any authorised

Provided that In the case of a conveyance or animal used

for the transport of goods of passengers for hire, the owner

of the conveyance or animal shall be given an option to pay,

In lieu of confiscation of the conveyance or animal, a fine

not exceeding the value of the imported goods or materials

which have been, are being, or attempted to be, transported

by such conveyance.

4.1(1) Liability to penalty.—Any person who,—

person may, if he has any reason to suspect that any convey-

ance or animal is being or is about to be used for the trans-

portation of any imported goods or materials which are liable

to confiscation under this Act and that by such transportation

any provision of this Act has been, Is being, or li about to be

contravened, at any time stop such conveyance or animal or,

in the caso of an aircraft, compel It to land, and

(a) rummage and search the conveyance or any part

thereof,

(a) in relation to any goods or materials which have

been Imported under any licence or letter of autho-

rity, uses or utilises such goods or materials other-

wise than in accordance with the conditions of such

licence or letter of authority; or

(b) examine and search any goods or materials In the

conveyance or on the animal,

(b) being a person to whom any imported goods or

materials have been delivered by recognised agency,

uses or utilises such goods or materials or causes

them to be used or utilised, for any purpose other

than the purpose for which they were delivered to

him; or

(c) if jt becomes necessary to stop any conveyance or

animal, he may use all lawful means for stopping It

nnd where such means fall, the conveyance or ani-

mal muy be fired upon.

(APPENDIX WCantd.)

(c) having made a declaration for the purpose of obtain-

inK—

(1) a licence ot letter of authority to Import any

goods or materials, or

(iij giving him a reasonable oportunity of mating •

representation in writing within such reasonable

time as may be specified in the notice against the

confiscation or imposition of penalty mentioned

therein, and, if he so desires, of being heard in the

matter.

(ii) any amendment of such licence or letter of

authority, or

4M. Appeal.—(1) Any person aggrieved by any decision

or order made under this Act may prefer an appeal.—

(iii) allotment of any Imported goods or materials,

is found to have made in such declaration, any

statement which is Incorrect or false in mate-

rial particular!-, ot

(a) where the decision or order has been made by the

Chief Controller or Additional Chief Controller, or

the Central Government;

(b) where the decision or order has been made by any

officer below the rank, of the Additional Chief Con-

troller, to the Chief Controller or where he so

directs, or the Additional Chief Controller.

(d) acquires, sells or otherwise parts with, or agrees

to acquire, sell or otherwise part with, any impor-

ted goods or materials in contravention of the con-

ditions of any licence or letter of authority in pur-

suance of which such goods or materials had been

Imported; or

within a period of forty-five days from tile date on which the

order is served on such person;

Provided that the Appellate authority may, If it Is satisfied

that the appellant was prevented by sufficient -Wise- from

preferring the appeal within the aforesaid period of forty*

nve days, allow such appeal to be preferred within a further

period of forty-five days:

(e) acquires, sells or otherwise parts with, or agrees to

acquire, sell or otherwise part with, any Imported

goods or materials in contravention of the terms of

any allotment made by any recognised agency; oi

(f) contravenes any direction given under a control

ord"r with regard to the sale of goods or materials

which have been Imported under any licence OT

letter of authority or which have been received

from, or through, a recognised agency.

Provided further that In the case of an appeal against an

order imposing a penalty, no such appeal shall be entertained

unless the amount of the penalty ha* been deposited by the

appeal! ant;

shall be liable to a penalty not exceeding five times the value

of the goods Or materials, or one thousand rupees, which-

ever is more, whether or not such goods or materials have

been confiscated or are available for confiscation.

Explanation.—For the purposes of this section, "value"

has the meaning assigned to It in tub-section (1) of section

14 of the Customs Act, 1962.

Provided also that, where the Appellate authority is of the

opinion that the deposit to be made will cause undue hard-

ship to the appellant, it may, at its discretion, dispense with

aueti deposit either unconditionally or subject to such condi-

tions as rt may impose.

(2) If any person abets the commission of any act or

omission, which act or omission would render any person

liable to a penalty under sob-section (1), or attempts to com-

mit any act aforesaid, the person so abetting or attempting

ihould be liable to a penalty not exceeding five times the value

of the Roods or materials in respect of which such abetment

or attempt has been mode, or one thousand rupees, which-

ever is more whether or not such goods have been confis-

cated or are available for confiscation.

(2) The Appellate authority may, after giving to the

appellants a reasonable opportunity of being heard, If bo so

desires, and alter mating such further inquiries, If any, as u

may consider necessary, pass such orders as it thinks fit,

confirming, modifying or reversing the decision or ordei

appealed against, or any send back the case with such direc-

tions as it may think fit, for a fresh adjudication or decision

as the case may be, after takinft additional evidence, if neces-

sary:

(3) A penalty Imposed under sub-section (1) or sub-sec-

tion (2), may, If it is not paid, be recovered as an arrear of

land revenue :

Provided that an order enhancing or imposing a penalty

or confiscating goods or materials of a greater value shall noi

be made under this section unless the appellant has had an

opportunity of making a representation, and if he so desires

of being heard in his defence.

Provided that the adjudicatinR authority may, by order

attach any money belonging to, or owed to, the person on

•whom any penalty has been imposed under sub-section (1)

or sub-section (2), and such attachment shall be mado in the

tatne manner in which an attachment Is made by a civil court

4J. Confiscation or penalty not to interfere with other

punishments,—No confiscation made or penalty imposed und"r

this Act shall prevent the infliction of any other punishment

to which the person affected thereby is liable under the provi-

sions of this Act or under any other law for the time being

is force.

4N. Powers oi rtvlstoh of the Chief Controller.—The

Chief Controller may on his own motion or otherwise calk

for and examine the records of any proceeding in which an

order or adjudication or confiscation or Imposing any penalty

has been made by any officer subordinate to him and against

which no appeal has been preferred, for the purpose of

satisfying himself as to the correctness, legality or propriety

of such order or decision and pass such orders thereon as

he may think fit:

4K. Adjudication.—Any confiscation may be adjudged or

panalty may be imposed under this Act,—

Provided that no decision or order shall be failed undei

this tecttoa so as to prejudteally affect any person mten

such person—

(a) by the Chief Controller, or where he "o directs, by

a general or special order, by the Additional CMef

Controller.

(a) has, within a porlod of two yean from the dat* of

such decision or order, received a notice to show caoM why

such decision or order shall not be varied, and

(b) subject to such limits as may be specified in this

behalf, by such other officer not below the rank of

a Deputy Chief Controller, as th" Central Govern-

ment may, by notification In the Official Gazette

authorise in this behalf.

(b) has been given a reasonable opportunity of makina

representation and, if he so desires, of being heard. In his

defence.

4L. Otving of opportunity to the owner of goods, etc.—

No order of adjudicating of confiscation or Imposing a penalty

shall bo made unless the owner of the goods, materials

conveyance or animal, or other person concerned, Is given a

notice In writing—

40. Power of adjudicating and other authorities.,—(I)

Every authority making any adjudication or hearfna any

appeal or exercising any powers of revision under this Act

shall have all the powers of a civil court under the Code of

Civil Procedure 1908, while trying a suit, In respect of the

following matters, namely :—

(I) informing him of the grounds on which It is pro-

posed to confiscate such goods, materials, convey-

ance or animal or to Impose • penalty;

(a) summoning and enforcing the alter)dance of witnesses;

(APPENDIX I— CContd.)

(b) requirLDg the disi-oveiy Hnd production of uny Jotu

ment;

fc) requisitioning Hny public record or cop\ thereof

from any court or oflice;

>d) receiving evidence on affidavits; aud

(") issuing commissions for the examination of witnesses

or documents.

(2) Every authority making any adjudication oi hearing #ny appeal or exercising any powers or revision under thii Act shall be deemed to be a civi] court for the purposes of section 345 and 346 of the Code of Criminal Procedure, 1973.

(3) Every authority making any adjudication oi hearing any appeal or exercising any powers of revision under this Act shall have the power to make such orders of an Interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order

4P, Continuance of proceedings In the event of death Or Insolvency —(I) Where a penalty has been imposed by the Vindicating authority and—

fa) no appeal against the order imposing Mich penalty ha* tven preferred to the Appellate authority and the person entitled to file such fippeal dies or to adjudicated dn insolvent before the expiry of the period within which the appeal can be preferred, or

hi an appeal has been preferred to the Appellate autho- rity against the order imposing "uch penalty but the appellant dies or is adjudicated an insolvent during the pendency of the appeal,

then, it shall be lawful, foi the leR&l representatives of such person or the Official Assignee or the Official Receiver, as the case may be. to prefer an appeal to the Appellate authority, or, as rhe case may be, to continue the appeal before the ADprllnte authority. In place of such person and the provi- sions of section 4\f shall, <;o far as may be, apply or continue io apply to such appeal.

(2) The powers of the Official A.ssij?nee or the Official Receiver under sub-section 11) shall be exercised by him sub- ject to the piovisions of the Presidence Towns Insolvency Act, 1909, or the Piovisionul Insolvency Act, 1920 as the case may be

3 Penalty —If any person contravened or attempt* to contravene, or abets a contravention of, any order made or deemed to have been made under this Act or any condition of a licence Rranied under any such order, or any authority under which Imported goods were received from or through a recognised agency, he shall without prejudice In any con- fiscation or nenaltv to which he may be liable under the pro- viso™ of the Customs Act, 1962 f52 of 1962) be punish- able :—

fa) where the value of the goods. In relation to which such contravention or attempted contravention or abetment of contravention has been made, exceeds ten lakh rupees, with Imprisonment for a term which mny extend to seven vearg and also with floe, and

(b) in sny other case, with the Imprisonment for a term which may extend to three years and also with ftor

Providt-d thai in the abaeuc* oi special a Dd adequate rea- sons to the contrary to be lecoided in the judgment of the Court sw-h imprisonment shall not be for less than "lx month*.

5A. Finally foi contravention of order made by ad\udicat- i"4 authority and Appellate authority.—If any person fail* to pay the penalty imposed by the adjudicating or the Appel- late authority or fails to comply with any direction or order made, ur deemed to have been made, under this Act, he shall, upon conviction by a court, be punishable with Imprisonment for ft term which may extend to two yeais oi with fine or with both

5B. Correction of clerical or arithmetical mistakes.—Cleri- cal or arithmetical mistakes in any decision or order or errors arising therein from any accidental slip or omission may, at apy time, be corrected by the authority by which the decision or order was made either on its own motion or on the appli- cation of the aggrieved person :

Provided that where any correction proposed to be made under this section will have the effect of prejudicially affect- ing any person, no such correction shall be made except after giving to that persons a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of a period of two years from the date on which luch decision or order was made.

6. Cognizance of offencei.—No Court shall take combance of any offence punishable under section 5 except upon com- plaint in writing made by an officer authorised in this behalf by the Central Government by genera] or special order, and no Court Inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence.

7. No oider made or deemed to have made under this Act shall be called in question in any Court, and no suit, pro- secution or other lejial proceedings shajl lie against any per- son foi anything on good faith done or intended to be done under this Act or any order made or deemed to have been made thereunder.

8. Power to make rule*.—(1) The Central Government may by notification in the Official Gnzette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foreKoinR power, such rules may provide for all or any of the following matter*, namely :—

(a) the person by whom, and the manner In which, any document received from a place outside India shall be authenticated.

(h) any other matter which is lequiied to be, or mny

be prescribed.

(3) Every rule made by the Central Government owler this Act shall be laid, ai soon at ma? be after It la made before each House of Parliament, while It ta In session for • total period of thirty days which may be comprised In ont session or in two more successive sessions, and if, before the expiry of the session Immediately following the senion or the successive session aforesaid, both Houses agree In making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only hi such modified form or bo of no effect, as the rase may OJ; SO, however, that any such modification or annulment shall be without prejudice to the validity of (iiivlhins previously done under th"t Tale.

APPENDIX 2

IMPORTS (CONTROL) ORDER, 1955

Government of India

MINISTRY OF COMMERCE AND INDUSTRY

Import" (Control) Order, 1953 (as amended opto

15th April, 1983)

New Delhi, the 7tb December, 1953

No. 17/55.—In exercise of the powers conferred by sec-

tion 3 and 4A of the Imports and Exports (Control) Act,

1947 (18 of 1947) as In force in India and as applied to

the state of Pondlcherry, the Central Government hereby

makes the following Order, namely :—

3-A. In cases where the importer is unable to produce the

licence which has already been granted to him at the time

of arrival of goods, the proper officer of customs may at hi*

discretion allow the importer to secure the clearance of goods

on execution of a bond or letter of guarantee to the effect that

he holds a valid licence in respect of the imported Roods and

shall produce the tame within a period to be specified by the

proper officer of customs, falling which he shall pay to proper

officer of customs such amount as may be stipulated In the

bond or letter of guarantee without prejudice to any action

that may be taken against him under the Customs Act, 1962

(52 of 1962) for unauthorised Importation of the goods

concerned.

ORDER

4. Fees on Application of Licences.—(1) Every application

1. Short title and Commencement.—(1) This order may

be called the Imports (Control) Order, 1953.

for a licence shall be made to the appropriate licensing

authority.

(2) It shall com© into force at once.

2. Definition.—In this Order, unless the context otherwise

(2) A fee as Indicated in Schedule ITI shall be paid In

respect of every application in the manner provided In the

said Schedule:

requires,—

(a) the Act' means the Imports and Export* (Control)

Provided that no fee shall be payable In respect of any

Act, 1947 (18 of 1947);

application when made by—

(aa) application for licence' Include* any application

made under the Import Trade Control regulation;

(a) the Central Government, a State Government or

any department or office of the Central Government

or State Government;

(b) any local authority for the Import of goods required

for its own consumption;

(Baa) 'Chief Controller of Imports and Exports' includes

Additional Chief Controller of Imports & Exports,

Export Commlsloner In the office of the Chief

Controller of Imports and Exports, a Joint Chief

Controller of Imports and Exports, a Deputy Chief

Controller of Imports and Exports and a Deputy

Iron and Steel Controller.

(c) any educational, charitable or missionary institution

for the Import of goods required for its own con-

sumption;

(aaaa) licence' Includes a customs clearance permit Issued

under this Order;

(d) an application for review of an order I.e. first appeal

made on an application for a licence to the

licensing authority who originally dealt with the

case.

(b) licence' means a person to whom a licence or a

Customs clearance permit Is granted under this

Order;

•The fee once received will not be refunded under any

circumstances except—

(c) 'Licensing authority' means an authority competent

to grant a licence or Customs clearance permit under

this Order;

(I) where the fee has been deposited In excess of the

prescribed scale:

(d) 'Schedule' means a schedule to this Order;

(ii) wheie the fee has been deposited but no application

has been made;

(e) 'Value' has the same meaning as In sub-section (1)

of section 14 of (he Customs Act, 1962 (52 of

1962).

(ill) where the fee has been deposited in error bnt the

applicant Is exempt from payment of licence-fee;

Note.—Fees paid in respect of Appeals made to the Chief

Controller of imports and Exports ihall not be refunded

under any circumstances.

3. R e s t r i c t i on of Import of certain g o o d s . — ( I) S a ve as

otherwise provided In this Order, no person shall Import any

goods of the description specified in Schedule I, except under

and in accordance, with a licence or a customs clearance per-

mit panted by the Central Government or by any officer

specified hi Schedule II.

5. Conditions of Licences.—(I) The licensing authority

Issuing a licence under this Order may issue the same subject

to one or moie of the conditions stated below :—

(21 If in any case, it is found that the goods imported under

licence do not conform to the description given ta the licence

or were shipped prior to the date of Issue of the licence under

which they are claimed to have been imported then, without

prejudice to any action that may be taken against the licensee

under the Custom Act, 1962 (J2 of 1962), In respect of the

said Importation the licence may be treated as having been

utilised for Importing the said goods.

(i) that the goods covered by the licence shall not be

disposed of except In the manner prescribed by the

licensing authority or otherwise, dealt with without

the written permission of the licensing authority or

any person duly authorised by It;

(3) If. In any case, it Is found that the goods Imported

under a licence do not conform ta every respect—

(i) to the description or value of the goods as contained

In the licence; or

(II) that the goods covered by the licence on Importation

shall not be sold or distributed at a price exceeding

that which may be specified in any direction attached

to the licence;

(in to the other conditions relating to inch goods, as

contained I*, or applicable to UM licence.

(iii) that the applicant for a licence shall execute n

bond for complying with the terrns subject to which

n licence mPV be granted,

the import of such goods shall be deemed to be prohibited.

APPENDIX •U-Conld.

(2) A licence gian'ed under this Order shall also be sub-

ject to the conditions contained in Schedule V.

(3) It shall be deemed to be a condition of every men

licence that :—

(i) no person shall transfer and no person acquire by transfer any licence, issued by the licensing authority except under and in accordance with the written per- mission of the authority which granted the licence

(ii) that the goods for the import of which a Ucmoe b granted shall be the property of the licensee at th# time of import and thereafter upto the time of clea- rance through Customs.

Provided that the conditions under items (I) and (U) of this sub-clause shall not apply in relation to licences Issued to the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India and other similar institutions or agencies) owned or controlled by the Central Government and which are entrusted with canalliatlon of importi.

Provided further that the conditions under items (1) and (U) of this sub-clause shall also not apply in relation to (a) licences issued to eligible export house or trading houses for Import of goods meant for disposal to actual user* under the import policy for registered exporters, and (b) licences Istn"d to Public Sector agencies owned or controlled by Government, Central or State for disposal of goods to Actual Users under the import policy in force.

(ili) the goods for the Import of which a licence Is grant- ed shall be new Roods, other than disposal goods unless otherwise stated in the licence

(4) A licence granted under this Order may contain such other conditions, not Inconsistent with the Act or this Older, as the licensing authority may deem fit.

(5) The licensee shall comply with all conditions Imposed

or deemed to be Imposed under this clause.

6. Refusal of licence.—(1) The Central Government or the Chief Controller of Imports and Exports may refuse to grant a licence or direct any other licensing authority not to grant a licence :—

(a) If no foreign exchange is available for the purpose; (b) if the grant of a licence to an applicant Is prejudicial

to the interests of the State;

(c) if it has been decided to canalise Imports and distri- bution thereof through special or specialised agencies or channels;

(d) if the applicant is a partner in a partnership firm, or a director of a Private Limited Company which Is for the time being subject to any action under clause 8, 8A or 8B;

(dd) If the applicant Is for the time bjlng subject to any

action under clause 8, 8A or 8B;

(e) If the applicant Is a partnership firm or a Limited Company, any partner or whole time director or managing director whereof as the case may be, it for the time being subject to any action under clause 8, 8A or 8B;

(f) if any amount demanded from the applicant under the Customs Act, 1962 or any penalty Imposed on him under the said Act has remained unpaid for • period of three months, and

(g) if applicant fails to pay any penalty finally imposed

on him under the Act.

(2) The refusal of a licence under sub-clause fl) shall be without prejudice to any other action that may be taken in respect of an application bv n licenslna authority under the relevant import policy and procedure In force.

7. Amendment of Ttctnc*.—The Ucensine authority may, of its own motion or on application by the licensee amend any licence granted under this Order in such manner as may be

JO—2 Commerce/83

necessary to make such licence conform to the provision of thff Act or this Order or any other law for the time being in force or to rectify any errors or omissions hx the licence; provided that the licensing authority may, on request by the licensee amend the licence in any manner consonent with the Import Trade Control Regulations.

8. Power to debar from Importing goods or from receiving licences or allotments of Imported tfoods.—(1) The Central Government or the Chief Controller of Imports & Exports may debar a licensee or importer or any other person from all or any of the following i.e. importing any goods or receiving licences or allotment of the Imported goods through the State Trading Corporation of India, the Minerals and Metals Trad- ing- Corporation of India, or any other similar agency and direct, without prejudice to any other action that may be taken against him In this behalf, that no licence or allotment of imjjQrted goods shall be granted to blm and ho shall not be permitted to Import any goods for a specified period under 3u> Older :—

(a) if his application for licence is at any time found to be not in conformity with any provision of this Order; or

(b)if such application is found to contain any false,

fraudulent or misleading statement; or

(c) If he is found to have used hi support of his appli- cation any document which Is false or fabricated or which has been tampered with; or

(d) if he has, on any occasion, tampered with an im- port licence or has Imported goods without a licence or has been a party to any corrupt or fraudulent practice in his commercial dealing or in obtaining a licence, or is found to have solicited any licence by offering an inducement to the holder of the licence or otherwise; or

(e) if his agent or employee has been a party to any corrupt or fraudulent practice in obtainlne any licence on his behalf; or

(f) If he falls to comply with or contravenes or attempts to contravene or abets the contravention of any conditions embodied in, or accompanying, a licence or an application for a licence; or

(g) if he commits a breach of any law (including any rule, order or regulation) relating to customs or the import and export of goods or foreign exchange; or

(h) if he fails to produce any document or information that is called for by the Chief Controller of Imports and Exports or any other licensing authority; or (I) if he fails to submit production returns regularly to the D.G.T.D. or any other sponsoring authority concerned; or

(J) if he fails to comply with the distribution control In respect of imported goods where such control Is applicable.

(2) The Central Government or the Chief Controller of

Imports A Exports may, by special order In writing :—

(a) d e b a rs

(1) a person in respect of whom an order of deten- tion has been made under the Conservation of Foreign Exchange and Prevention of SmiiRjtflng Activities Act, 1974 (52 of 1974) (hereinafter referred to as the 1974 Act); or

(ii) a partnership firm or a private limited company of which such person is a partner or full time director or managing director as the case may be, from Importing goods or from receiving licences or allotment of Imported goods through the State Trading Corporation of India, the Minerals k Metals Trading Corporation of India, or any other similar agency; rind

(b> without prejudce to any other action that may be taken against sneb person, partnership firm or com- pwty, djrect that no Importation of HO 394 GAZETTE OF INDIA EXTRAORDINARY, APRIL 15, 1983 (CaAITRA 2 5, 1905) [PART I—SEC. 1

APPENDIX 2— (Contd.)

Without prejudice to any other action that may be taken

against him in this behalf :

permitted and no licence or allotment of goods ihaH

be granted to such person, partnership flnn or com-

pany, for such period ai may be specified In such

special order:

Provided that grant of a licence or allotment of imported

goods, shall not ordinarily be suspended under this clause

for a period exceeding twelve months :

Provided that such special order ihall cease to have effect

In respect of such person, or as the case may be, partnership

firm or company of which such person ia a partner or a

whole time director or managing director, when the order of

detention made against such penon—

Provided further that on the withdrawal of such suspension;

a licence or allotment of Imported goods may be granted to

him for a period of suspension subject to such conditions, res-

trictions or limitations as may be decided by the authority

aforesaid, keeping in view the foreign exchange position, Indi-

genous production and other relevant factors.

(i) being an order of detention to which the provisions

of section 9 or section 12A of the 1974-Act do not

apply has been revoked on the report of the

Advisory Board under section 8 of that Act or

before a receipt of the report of the Advisory

Board, or before making a reference to the Advisory

Board; or

(11) being an order of detention to which the provisions

of section 9 of the 1974-Act apply has been revoked

before the expiry of the time for, or on the batii

of the review under sub-section (3) of lection 9,

or on the report of the Advisory Board under lec-

tion 8, read with sub-section (2) of section 9, of

that Act; or

8B. Power to keep in abeyance applications for licences or

allotments of imported goods.—Where any Investigation Into

any of the allegations mentioned in clause 8 is pending against

a licensee or importer or any other person, and the Central

Government or the Chief Controller of Imports and Exports Is

satisfied that without ascertaining further details in regard to

such allegation, the grant of licence or allotment of imported

goods will not be in the public interest, then notwithstanding

anything contained in this Order, the Central Government or

the Chief Controller of Imports and Exports may keep In

abeyance any application for grant of licence from such per-

son, or direct the State Trading Corporation of India, the

Minerals and Metals Trading Corporation of India, or any

other similar agency to keep in abeyance allotments of im-

ported goods to such person, without assigning any reason

and without prejudice to any other action that may be taken

in this behalf:

(iii) being an order of detention to which the provisions

of section 12A of the 1974-Act apply has been

revoked before the expiry of the time for, or on

the basis of, the first review under sub-section (3)

of that section, or on the basis of the report of the

Advisory Board under section 8, read with sub-

section (6) of section 12A of that Act; or

(iv) has been set aside by a Court of competent Jurisdic-

tion.

Provided that the period for which the grant of such licence

or allotment is kept In abeyance under this clause shall not

ordinarily exceeds six months.

>C. Publicity of action taken under clause 8 or IA.

(1) It the Central Government Is of opinion that It is

necessary or expedient in the public interest to publish the

name or any person or class of persons and other relevant

particulars, against whom action under clause 8 or 8A b

taken it may publish or cause to be published, the name of

such person or class of such Demons and snefa particulars in

such maner It thinks fit

(3) The Central Government or the Chief Controller of

Imports and Exports may debar tin Importer or • licensee or

any other person from importing any goodi or from receivini

licences or allotment of Imported goods through the State

Trading Corporation of India, the Mineral* and Metali

Trading Corporation of India, or any other similar agency

and direct, without prejudice to any other action that may be

taken against such person in his behalf, that no licence or

allotment of imported goods shall be granted to inch penon

and such person shall not be permitted to Import any goodi

for a specified period under this Order If, in the opinion of

the Central Government or the Chief Controller of Imports

& Exports,

(a) such licensee Importer or other person; or

(li) No publication under sub-clause (I) shall be made In

relation to any such action until the time of presenting an

appeal, if any, to the appellate authority has expired without

an appeal having been presented or, the appeal. If presented,

has been disposed of.

(b) where inch licensee Importer or other person Is •

partnership firm or a limited company, any partner

or whole time director or managing director there-

of, as the case may be; or

Explanation.—In the case of a firm, company or other

association of persons the names of the partners of the firm,

directors, managing agents, secretaries and treasurers or

managers of the company, or the members of the association,

as the case may be, mav also be published If In the opinion

of the Central Government, the circumstances of the case

lustify it.

(c) where such licensee, importer or other person is a

partner in a partnership firm of a whole time

director or managing director of a limited company,

such partnership firm or limited company, as the

case may be,

9. Cancellation of licences (1).—The Central Government

or the Chief Controller of Imports and Exports or any other

officer authorised In this behalf may cancel any licence grant

ed under this Order or otherwise render It Ineffective:

(i) has failed, without sufficient cause, to utilise or to

utilise fully any import licence granted to inch

licensee, importer or other person or such partner

or whole time director or managing director or such

partnership firm or limited company, as the case

may be; or

(a) if the licence has been granted through Inadvertence

or mistake or has been obtained by fraud or mis-

representation;

(b) if the licence ha* been granted contrary to rules or

the provisions of this Order;

00 committed any act referred to In paragraph (1) of

sub-clause (3) of clause 7 of the Exports (Control)

Order, 1977.

(c) If the licensee has committed s bre"ch of any of

the conditions of a licence ;

(d) If the Central Government or such officer Is satlk*

fled that the licence will not serve the purpose for

which It has been granted;

SA. Power to suspend Importation of vood*. front of licen-

ces or tiJJntmcnts of Imported poodi.—The Central Govern-

ment of the Chief Controller of Imports may susnend the

importation of goods by anv person or want of licenced or

allotment of imnotted "oods through the Stafe Trading

Oorpoiation of India, the Mineials and Metals Trading

Corporation of India, nr anv other similar agency, to a

liccncce or importer nr any other person pending Investigation*

into one or more of the allegations mentioned in clause $

fe) If the licensee has committed a breach of any law

relating to customs or the rules anl regulations re-

lating to the Imports or export) of goods or of any

|"w relatlag #> t^e refoUtfjins of fords* exchange

APPENDIX 2— (conid.)

{?) The Central Government or the Chief Controller of Imports & Exports or any other officer authorised in this behalf may, by special order in writing, render mctfectivc any licence granted under this order to—

(a; a person, if an order of detention has been made

under the 197A—Act in respect of such person, or

(b) a partnership hrm or a private limited company of which such person is a partner or a full time director or managing director, as tho case may be :

Provided that such special order shall cease to have eflect in respect of &uch person, or, as the case may be, partnership Him or company ot which such person is a partner or a whole tune director or uwaaging director when the onltr of detention made against such person,—

(i) being an order 01 detention to which (be provisions of section 9 or Section 12A ot tne 1V74—Act do not apply hag been revoked on the report of Advisory Board under Section 8 of thai Act or Dorore a receipt of the report of the Advisory Board or before mating a reference to the Advisory Board; or

(ii) being an order of detention to which tho provlsons of section 9 of the 1974—Act apply has been revoked beforo the expiry of the time for or on the basis ol, the review under sub-section (3) of section 9, or on the report ot the Advisory Board under section tt, read with sub-section (2) of sec- tion 9, of that Act; or

(ill) being an order of detention to which the provisions of sccton 12A of the 1974 Act—apply hat been revoked before the expiry or tho ame for or o" the basis of, the trrst review under tub-section (5) of that section or on the basis of the report of the Advisory Board under section B, read with sub- section (6) of section 12A, of that Act; oi

Civ; haa been vet asid^ Oy a court of competent juris-

diction.

10A. Declaration as to value, quality etc. of imported good,—On the importation into any customs ports of any goods whether liable to duty or not, the owner of such goods shall in tho Bill of Entry or any other documents prescribed by rules, stato the value, sort, quality and description of such goods to the best of his knowledge and belief and shall sub- scribe a declaration of the truth of such statement at the foot of such Bill of Entry or documents.

"lOAA, Declaration as to Importer Code umber 9—

On the importation into any customs port of any goods, the importer shall, in tne Bill of Entry or any othei documents prescribed by Rules, state the 'Importer Code Number allotted to him by the licensing authority In accordance with the procedure pres- cribed by the Chief Controller of Imports & Export*, and shall subscribe a declaration of the truth ol such statement at the foot of such Bill of Entry or documents. Where such importer is exempt from obtaining Importer Code Number, he shall cite the authority of the Chief Controller of Import* & Export*, granting him such exemption. (This clause shall come into force with effect from 1st July, 1982)",

10B. Utilisation, of imported gpods.—(1) No person shall use any imported goods received by him during allotment or distribution made by the State Trading Corporation of India or any other recognised agency In a manner and for the pur- pose, otherwise than at declared by him in hi* application for such allotment or distribution or in any document sub- mitted by Wra to support of such application.

(2) Subject to the provisions of clause IOC, no person shall use or dispose of any goods Imported by him against a licence Hm the strength of a letter ot authority issued in his favour under the Import Trade Control Regulation except hi accord- ance with the terms and conditions of such Letter of authority.

IOC. Power to make directions for the sale of Imported

goods in certain cases.

(3) The Central Government or the Chief Controller of Imports & Export* or any other officer authorised in this behalf may, by special order in writing render inettectwc, or suspend the operation of, any licence granted under ttiis Order, where proceedings of cancellation ot such licence have been Initiated under Sub-clause (1) so however, every such special order shall be revoked where a decision Is taken to cancel the licence after the completion of such proceedings

10. Opportunity of being heard to be given.—(1) No action shall bo taken under clause 7 or sub-clause (1) or sub-clause (3) of clause 8 or clause 8A or clause (1) of clause 9 against a licensee or an importer or any other person unless he has been given u reasonable opportunity of being heard.

(2) Where any person Is aggrieved by any action taken under sub-clause (J) or sub-clause (3) of clause 8 or datuw 8A or sub-clause (1) of clause 9 ho may prefer in appeal against such action to such authority as the Central Government may, by notification In the official Gazette con- stitute for the purpose of hearing appeals, within forty-five 4ays from the date of communication of the action taken.

(3) The authority referred to in sub-clause C2) may after giving to the appellant a reasonable opportunity of being rheard, If he so desires, and after making such further Inqui- ries if any, as it may consider necessary pass such orders as it thinks fit, confirming, modifying or reversing the { action appealed against, or may send back the case with *"uch directions as it may think fit, for a fresh proceeding* or action, as the case may be after taking additional evidence If necessary,

' (1) Where, on the importation of any goods or at anj time thereafter, the Chief Controller of Imports and Exports is satisfied, after giving a reasonable opportunity to the licensee of being heard In tho matter, that such goods can- not be utilised for the purpose for which ihey were imported he may by order, or direct the importer of the goods (in case the goods were imported under Open General Licence ui Special General Licence) or the licensee or any other person, having possession or control of such goods to sell such goods to such person within such time, at such piicc end in such manner as may be specified in the directon.

(2) The price that may be specified under sub-clause

•hall be the aggregate of the landed cost of the goods clear- ing and transportation charges and such other incidental, charges incurred hi relation to there as are considered reason- able in the circumstances of the case by the Chief Controller of Imports and Exports.

(2-A) Where goods are Imported through the State Trading Corporation of India, the Minerals and Metals Trading Corporation of India or other similar institutions oi agency owned or controlled by the Government or any other recog- nised agency, and such goods are allotted to any person, opportunity of being heard in the matter shall bo given to such person also.

(3) The licensee or the person to whom any direction has been made under sub-clause (1) shall be bound to complete with Budi direction.

10D. Prohibition, regarding making, signing, etc., of any

declaration statement or documents :—

Provided that an order to increase the period for which an applicant is debarred under clause 8, shall not be made pUrulcr this sub-clause unless ho hns had an opportunity of making a representations, and, If he so desires, of being heard in an defence,

(1) No person shall make sign or use or cause to be made signed or used any declaration statement or document in obtaining, a licence or in Importing any

APPBNDDt i - ( o o n t " .j

goods knowing or having reason to believe that tubfa declaration, statement oi document it false in wy material particular.

(2) No person shall employ any corrupt or fraudulent practice in obtaining any licence or in importing, aAy goods.

country bordering on India or that the importer undertakes to produce within a specified period evi- dence that such goods have crossed the borders of India or in default to pay such penalty as the proper officer of suctoms may deem fit to impoto on such goods and provided further that nothing thereto contained entitles any goods to exemption from too Export Trade Control Regulations:

lOJb. Powers of revision of the Chief Controller/Addl,

Chief Controller.

I he Cluci Controller or Additional Chief Controller may on his own motion or otherwise call for and examine the records oi any proceedings in which any action to d ebar UDdei sub-clause 1.1) or sub-clause (3) of clause 8, or to cancel a licence under sub-clause (1) of clause 9, has been initiated or completed (whatever the result may be) of clause *! has been taken by any officer subordinate to mm and against which no appeal has been preferred for the purpose of satis- fying himself as to the correctness, legality on propriety of ouch action and pass such orders thereon as he may think fit:

Provided that no action shall be varied under this sub- clnuse so as to prejudicially affect any person unless inch person :

(i) has, within a period of two years from the date of such action received a notic* to show cause why inch action shall not bo varied and

(u) has been given a reasonable opportunity of making representation and if he so desires of being heard in his defence.

11. Savings.—(1) Nothing In this Order shall apply to'tbe

import of any goods :—

(a) By the Central Government or agencies /undertakings owned and controlled by the Central Government for Defence purposes.

(b) by the Central Government or any State Govern- ment, Statutory Corporation, public body or Govern- ment, Undertaking runs as a Joint Stock Company through the agency of the Purchase Organisations of the Minister of Supply i.e. India Supply Mission, London and India Supply Mission, Washington;

(c) by the Central Government, any State Government or any statutory corporation or public body or Government undertakings run as a Joint Stock Com- pany, orders in respect of which are placed through the Directorate General, Supply and Disposals, Mew Delhi:

(d) by transhipment, or imported and bonded on arrival for re-export as ships stores or otherwise to ray country outside India except Nepal. Tibet and Bhutan or imported and bonded on arrival for re-export as aforesaid but subsequently released for use of Diplo- matic personnel, Consular Officers in India and the officials of the United Nations Organisation and Us specialised agencies who ere exempt from payment of duty under Ministry of Finance (D.It) Notifica- tion No. 3 dated th© 8th January, 1957 and United Nations (Privileges and Immunities) Act, 1947. res- pectively;

fdd) imported and bonded on arrival for sale at approved duty-free shops, whether to outgoing or incoming passengers, against payment in free foreign exchange; (e) which are in transit through India by post or other- wise, or are redirected by post or otherwise to a destination outside India, except Nepal, Tibet and Bhutan provided that such goods while in India are always in the custody of the postal/customs autho- rities]

(f) for transmission across, India by air to Afghanistan or by land, to tony other country outside India, ex- cept Nepal, Tibet and Bhutan under claim for ex- emption from duty or for refund of duty either In whole or in part, provided that such goods are Im- ported by or on behalf of the Government of • ( l) by the person as passenger* baggage to the extent admissible under the Baggage Rules for the time being in force except quinine falling under Heading number 29.01/45 of Schedule I exceeding five hund- red tablets or i lb. powder or one hundred ampule*;

Provided that in the- cause of impoits by a tourists, arti- cles of high value whoso re-export Is obligatory under rule 7 of the Tourist Bttggage RuJea, 1978 shall be re-exported on his leavmg India, failing which they shall be deemed to bo goods of which the import has been prohibited under the Custom* Act; 1962 (52 of 1962);

Provided further that where any goods are exempted under this sub-paragraph the exemption shall be subject to the condition that such goods shall not be sold, displteyed, advertised or offered for sale or : displayed in a shop, until (a) in the case of the fire arms, and TV sets, they have been used for a period not less than five years from the date of clearance by such persons or passenger pr member of the crew or (b) in the case of other goods when market-price haj depreciated to less than 50% of their market' price when new;

(it) by any person through the post or otherwise for his personal use, or by any Institution or hospital, for iU own use except;

12.05/10 of Schedule 1, exceeding—one lb. hi (i) Vegetable seeds falling under Heading number

weight

(ii) Bees falling under Heading number 01.01 06

of Schedule I.

(iii) Tea falling under Heading number 09.01/01 of

Schedule L

(iv) Books, magazines journals and literature which are not allowed to be imported under the im- port policy for the time being in force.

(v) Goods, the import of which is canalised under

the import policy in force.

(vi) Alcoholic beverages.

(yij) Fire arms & ammunition (viii) Consumer electronic items (except hearing nlds and life saving equipments, apparatus and ap- pliances and parts thereof).

Provided that the c.i.f. value of goods imported as afore- said at any one time shall not exced one thousand rupees.

NOTE :-—The payment hi respect of such goods other than those received as gift, will be remittable through authorised dealers in foreign exchange with the per- mission of the Reserve Bank of India.

(h) covered by an executive instruction issued by tho

Chief Controller of Imports and Exports to the., customs authorities;

(i) by or on behalf of Diplomatic personnel, consular

officers find Trade Commissioners in India who arej exempt from payment of Customs duty under Noti- fication 3 dated the 8th January, 1957 of the Gov- ernment of India in tho Ministry of Finance (Deptt of Revenue);

(j) from any country, which are exempt from Customs

duty on re-importation UDder Section 20 of tho- Customs Act, 1962 (52 of 1963) or Under Customs¹ Notification Nos. 113 dated 16th May, 1957. JQ3

APPENDIX 2— {contd.)

failing which the provisions of this Older shall apply

to such vehicles or component parts and suih

vehicles or components shall be deemed to be goods

the imports of which has been prohibited under the

Customs Act. 1962 (52 of 1962).

Provided that nothing in these exceptions shall prejudice

the application to any goods of any other prohibition

or regulation affecting the import of goods that may

be In force at the time such goods are imported,

dated 23th March, 1928, 260 end 261. dated 11th

October, 1958, 269, 271, 273, 274, 275 and 276

dated 25th October, 1958, and 204 dated 2nd

August, 1976, of the Government of India, Ministry

of Finance (Deportment ot Revenue), or Notifica-

tion No. 174, dated 24th September 1966 as

amended Or Notification No. 103 dated 16th May,

1978 of the Government of India, Ministry of Fin-

ance (Department of Revenue & Insurance) or

Notification No. 80 dated 29th August, 1970;

00 of Indian manufacture and foreign made parts of

such goods, exported and received back by the

manufaciurcr(s) fiom the consignee for repair and

re-export, provided that;—

(i) the Customs authorities are satisfied with the

bona fide of the case, and

(n) covered by an import licence issued by His Majesty's

Government of Nepal and the importer furnishes a

bond to the proper officer of customs in the Conn

prescribed by the proper officer of Customs with a

Scheduled Bank as surety to the effect that he shall

pay the duty and pay penalty imposed for contra-

vening Import Trade Control restrictions in respect

of the whole or any portion of the goods which is

not provided to have entered the territory cf Nepal

(o) of Indian manufacturer or otherwise by the Central

Government or any State Government for repairs,

and re-export to Indian Embassies abroad or to pay

other office of the Central Government or State

Government in a foreign country.

lii) in the case of goods other than those exempt

from customs duty on re-importation under

Customs Notification No. 132 dated 9th Decem-

ber, 1961, a bond is executed by the importer

with the Import Trade Control Authority at

the export concerned to the effect that the

goods thus imported will be re-exported after

repair within six months;

(1) by officials of the United Nations Organisations and

its specified agencies who are exempt from pay-

ment of Customs duty under the United Nation*

(Privileges and Immunities) Act, 1947;

(2) Nothing In this Order shall apply to the Import of

foodgrains by Food Corporation of India, provided that at

the tune of clearance, a declaration to the effect that the

Importj In question has been approved by Central Govern-

ment, is furnished by the Importer to the- Customs authorities.

(3) Nothing in this Order shall apply to the import of

articles of free & edible material, which was supplied as free

gift by agencies approved by the United Nations Organisa-

tions and which are exempt from payment of customs duty

under the Ministry of Finance (Department of Revenue &

Insurance) Notification No. GSR 766, dated 21st June 1973.

(m) being vehicles as defined in Article I of the Customs

Convention on the Temporary Importation of Pri-

vate Road Vehicles or the component partt thereof

referred to in Article 4 of the said convention and

are exempt from payment of customs duty under

the notification of the Government of India In the

Ministry of Finance (Department of Revenue)

No. 296 dated the 2nd August, 1976 as subsequently

amended, by Notification No. 53-Cus dated the 1st

May, 1977, provided that—

(4) Nothing In this order, except paragraph (iii) of

Sub-clause (3) of clause 5, clause 8, clause 8A, clause 8C and

clause IOC, shall apply to the Import of any goods covered

by Open General Licence or Special General Licence issued

by the Central Government

12. Repeals.—The orders contained in the notification spe-

cified In Schedule IV are hereby repealed :

(i) such vehicles or component parts are re-export-

ed within the period specified In the said notifi-

cation or within such further period as the

customs authorities may allow;

(il) the provisions of the said notification or of the

Trlptyque' or Cfirnet-De-Passage' permit are

not contravened in relation to such vehicles or

component parti;

Provided that any thing done or any action taken, Including

any appointment made or licence issued under any of the

aforesaid Orders, shall be deemed to have been done or taken

under the corresponding provision of this Order.

APPENDIX 2-"w"f.

SCBEDULB I

(See Clause 3)

1

2

CHAPTER 5

Products o

/ animal origin not elsewhere specified or included

NOTE:—Each heading number In Column (1) oorresponds to the respective Chapter and beading number of the first Schedule to the Customs Tariff Act, 1975 (21 of 1975) and each entry in Column (2) has the same scope and meaning as the corresponding Chapter and heading of the said first schedule.

03-01

Heading N [o. Description of article

Human hair unworked, whether or not washed of secured waste of human hair.

1

2

05-02

SECT/ON I

Pigs', Hogs' and boars' bristles or bair; badger hair and other brush making hair; waste of such bristles and hair.

LIVE

3 ANIMALS 1 ANIMAL PRODUCTS

03-03

CHAPTER 1

Horsehair and horsehair waste, whether or no put up on a layer or between two layers of otbe material.

Uvt Animals

05-04 Outs, bladders and stomachs of animals (oth" than flsh), whole and pieces thereof.

05-05 Fish waste.

05-06 Sinews and tendons; parings and similar wastt or raw hides or skins.

05-07

01-01 01 02 01O3 01 04 01-03

01-06

Live hoursea asses mules and hlnnies. Live animals of the bovine species Live swine. Live sheep and goats. Live poultry that is to say, fowls, ducks, geese turkeys and guinea fowls. Other live animals.

CHAPTER 2

Skins and other parts of birds, with their feathers or down, feathers and parts of feather, Whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation, powder and waste of feathers or parts of feathers.

Meat and edible meat oflals

05.08

02-01 Meat and edible offals of the animals falling within heading No. 01 01, 01 L2, 01 -03 or 01 -04, fresh, chilled or frozen.

Bones and horn-cores, unworked, defatted, sim- ply, prepared (but not cut to shape) treated with add or degelatinised; powder and waste of these products.

02 02

05-09

02 03

Horns, antlers, hooves, nails, claws and beaks of animals, unworked or simply prepared but not cut to shape, and waste and powder of these products, whalebone and the like, unworked or simply prepared but not cut to shape, and hair and waste of these products.

02-04

05-10 Ivory, unworked or simply prepared but not cut to shape, powder and waste of ivory.

02 05

05-11

02-06

Tortoise shell (shells and scales), unwoiked or simply prepared but not cut to shape; claws and waste of tortoise-shell.

Doad poultry (that is to any, fowls, ducks, gees, turkeys and guinea fowls) and edible offals thereof (except liver), fresh chilled or frozen. Poultry liver, fresh, chilled, frozen, salted or in- brine. Other meal and ediblo meat offals, fresh, chilled or fozen. Pig fat free on lean meat and poultry fat (not redndercd or solvent-extracted), fresh, chilled, frozen, salted, inbrino, dreid or smoked. Meat and ediblo meat offals (except poultry liver) salted, inbrino dried or smoked.

05-12

CHAPTER 3

Fish, crustaceans and molluscs

Coral and similar substances, unworked or sim- ply prepared but not otherwise worked; shells, un worked or simply prepared but not out to shape | powder and waste of shells.

Natural sponges.

05 13

03 01 03-02

05-14

03-03

Ambergeris, castoreum, civet and musk: cantbt- rides, bile, whether or not dried; animal productis fresh, chilled or frozen, or otherwise provisionally preserved, of a kind used in the preparation of pharmaceutical products.

05 15

Fish, fresh (live or dead), chilled or frozen. Pish, dried, salted or Inbrlne; smoked fish, whe- ther or not cooked beforo or during the smoking process. Crustaceans and molluscs, whether in shell or not. fresh (live or dead), chilled, frozen salted, inbrlne or dried; crustaceans, in shell, simply boiled in water.

Animal products not elsewhere specified or In dudod; dead animals or Chapter 1 or Chapter % unfit for human consumption.

CHAPTER 4

luce; birds'eggs; natural honey i tdiblt products oj

nimal origin, not elsewhere specified or Included

Dairy prod

a

SECTION II VEGETABLE PRODUCTS CHAPTER 6

04 01

Lire tret

3 and other plants ; bulbs, roots and the like; cut

flower) and ornamental foliage

04-02

06-01

06-02

04 03 04-04 04-05

06-03

04-06 04-07

Milk and cream, fresh not concentrated or sweetened. Milk and cream, preserved, concentrated or sweetened. Butter. Cheese and curd. Birds' eggs and egg yolks, fresh, dried or other- wise preserved, sweetened or not. Natural honey. Edible products of animal origin, not elcsrwber* sped fled or included.

Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or In flower. Other live plants, including trees, shrubs, bushes, roots, cuttings and slips. Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh dried, dyed, bleached, impregnated or otherwise prepared.

APPENDIX t—contd. SCHEDULE l—contd.

1 2

2

1

06.04

09.04 Pepper of the genues "Piper", pimento of the genus "Capsicum" or the genus 'Timcnta".

Vanilla.

Cinnamon and cinnamon free flowers.

Foliage, branches and other parts (other than flowers or bads) of trees, shrubs, bushes and other plants, and mossci, lichens and grasses, beings goods of a kind suitable for bouquets or ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared.

Cloves (whole fruit, clovers and stems).

Nutmeg, mace and cardamoms.

09.05 09.06 09.07 09.08

CHAPTER 7

09.09

Edible vegetable? and certain roots and tubers

Seeds of anise, badian, fenne, coriander, cumin caraway and juniper.

Vegetable, fresh or chilled.

07.01

Thyme, saffron and bay leaves; other spices.

09.10

07.02 Vegetables (whether or not cooked), preserved by freezing.

CHAPTER 10

07.03

Cereals

Wheat and meslin (mixed wheat and rye).

Vegetables provisionally preserved in brine, in sulphur water or in other preservative solutions, but not specially prepared for immediate con- sumption.

Rye.

07.04

Barley.

10.01 10.02 10.03

Dried dehydrated or evaporated vegetables, whole cut, sliced, broken or powder, but not further prepared.

Oats.

10.04

Maize.

07.05

10.05

Dried leguminous vegetables, shelled, whether or not skinned or split.

Rice.

10.06

07.06

10.07 Buckwheat, millet, canary seed and grain sor- alum; other cereals.

Manioc, arrowroot, salep, Jerusalem artfebokes sweet potatoes and other similar roots and tubers, with hip.h starch or insulin content, fresh or dried, whole or sliced; sago pith.

CHAPTER 11

CHAPTER 8

Pro

iducts of the milling industry; malt and starches;

gluten; Insulin

'ble fruit and nuti; peel of melons or citras fruit

Edt

11.01 Cereal flours.

08.01

11.02

Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes, guavas and mangosteens, fresh or dried, shelled or not.

Citrus fruit, fresh or dried.

08.02

Cereal groats and cereal meals; other worked cereal grains (for example, rolled flaked, polished, pearled or kibbed, but not further prepared), except husked glased, polished or broken rice; germ of cereals, whole, rolled flaked or ground.

Figs, fresh or dried.

08.03

11.03

Grapes, fresh or dried.

08.04

Flour of the leguminous vegetables falling with- in heading No. 07.05.

08.05

11.04

Nuti other than those falling within heading No. 08.01 fresh or dried, shelled or not.

Flouri of the fruits falling within any heading in Chapter 8.

Flour, meal and flake of potato.

11.05

Apples, pears and quinces, fresh.

08.06

11.06

Stone fruit, fresh.

08.07

Flour and meal of sago and manioc, arrow- root, salep and other roots and tubers falling within heading No. 07.06.

Berries, fresh.

08.08

Malt, roasted or not.

11.07

Other fruit, fresh.

80.09

Starches; insulin,

11.08

80.10

11.09 Wheat gluten, whether or not dried.

Fruit (whether or not cooked), preserved by freezing, not containing added sugar.

CHAPTER 12

08.11 Fruit provisionally preserved (for example by- sulphur dioxide gas, in brine, hi sulphur water or in other preservative solutions), but unsult-* able in that state for immediate consumption.

Oil seeds

fruit,

and oleaginous fruit; mhcellpneous grains, seeds and

• industrial and medical plants: straw and fodder

12.01 Oil seeds and oleaginous fruits, whole or broken.

CHAPTER 9

12.02

Coffee, tea, mat and spices

Flours or meals of oil seeds or oleaginous fruits, non-defatted, (excluding mustard flour).

12.03 Seeds, fruit and spores, of a kind used for sowing.

09.01

12.04

Coffee, whether or not roasted or freed of caf- feine; coffee husks and skins; coffee substitutes containing coffee in any proportion.

Sugar beet, whole or sliced, fresh, dried or powdered sugar cane.

Tea.

09.02

12.05

Mnt,

Chicory roots, fresh or dried, whole or cut fn-roa"ted,

09.03

APPBNDK 2—coma.

SCBHDBLB l—eontd.

1

1

2

2

13-02

Hop cones and lupulln.

12 06

12 07

Fats on bovine cattle, sheep or goats, unrett-

dered; rendered or solvent-extracted fats (includ-

ing "premier jus") obtained from those unrendered

fats.

15-03

Plants and parts (Including seed! and fruit) of

trees, bushes, shrubs or other plants, being goods

of a kind used primarily In perfumery, in pharmacy,

or for insectlddal, fungicidal or similar purposes,

fresh or dried, whole, cut, crushed^ ground or

powdered.

Lard stead, oleostearfn and tallow stearin; land

oil, oleco-oil and tallow oil, not emulsified or

mixed or prepared In any way.

12-08

15 04 Pats and oils, of flsh and marine mammals, whether or not refined.

15 05

Locust beans, fresh or dried, whether or not kib-

bled or ground, but not farther prepared; fruit

kernels and other vegetable product* of a kind

used prlmarly for human food, not falling within

any other heading.

Wool grease and fatty substances derived there-

from (deluding lanolin).

12-09

15 06

Cereal straw and buska, unprepared, or chopped

but not otherwise prepared.

Other animal oils and fats (including neat's foot

oil and fats from bones or waste).

12 10

15-07

Fixed vegetable oils, fluid or sold, crude, refined

or purified.

Mangolds, swedes, fodder roots, hay. lucerne,

clover, sainfoin, forage kale, lupines vetches and

similar forage products.

15-08

CHAPTER 13

Animal and vegetable oils, boiled, oxidised dthy*

drated, sulphurised, blown or polymersed by

heat in vacuum or in Inert gas, or otherwiss modi-

fled.

vegetable materials of a kind suitable for use

dyeing In tannlnghlacs; gums, resins and other

Raw in

vegetable saps and extraett

Degras.

15-09

13 01

15110

Raw vegetable materials of a kind used primarily

in dyeing or in tanking.

Fatty acidsr acid oils from refining; fatty •lc*r

hols.

13 02 Shellac, seed lac, stick lac and other tecs; natural gums, resins, gum-resins and balsams.

13-11

Glycerol and glycerol lyes.

13 03

15 12

Vegetable saps and extracts; pectio substances,

pectinates and peetates; aoar^agar and other

mucilages and thickeners, drtved from vegetable

products.

Animal or vegetable oils and fats, wholly or partly

hydrogenatcd, or sodlfied or hardened by

any other process, whether or not refined but

not further prepared.

CHAPTER 14

13-13

Margarine, imitation lard and other prepared

edible fats.

plaiting and canting materials; vegetable products

Vegetable

not elsewhere specified of Included

15-14

Spermaceti, crude, pressed or refined, whether

or not coloured.

14 01

13-15

Beeswax and other insect waxes, whether or not

coloured.

Vegetable materials of a kind, used primarily for

plaiting (for example, cereal straw, cleaned, bleach-

ed or dyed, osier, reeds, rushes, rattans, bamboos,

raffia and lime bark).

14 02

Vegetable waxes, whether or not coloured.

15 16

15 17 Residues resulting form the treatment of fatty substances of animal or vegetable waxes.

Vegetable materials, whether or not- put up oa a

layer or between two layer* of other materials,

of a kind used primarily as stuffing or as pad-

ding (for example, kapok, vegetable hair and

eel grass).

SECTION IV

14-03

ared foodstuffs beverages spirits and vinegar;

Prep

Vegetable materials of a kind used primarily In

brushes or in brooms (for example, sorgho, pias-

sava, couch-gras and istle), whether or not in

bundles or hanks.

Tobacco

14 04

CHAPTER 16

Hard seeds, pips, hulls and nuts, of a kind med

for carving (for example, corozo and dom).

Vegetable products not elsewhere specified or

14 05

eparatlon of meat, offish, of crustaceans or

Pr

Included.

molluscs

SECTION III

16 01

Sausages and the like, of meat, meat offal or ani-

mal blood.

Imal and Vegetaale Fats and Oils and their cleavge.

An

productsr prepared edlbk Fats, Animal

16 02

and Vegetable Waxes

Other prepared or preserved meat or meat offal.

CHAPTER 15

Meat extracts and meat juices; flsh extracts.

16-03

i

Animal and vegetable fafs and oils and their clea-

16 04 Prepared or preserved fish, including caviar and caviar substitutes.

vage products prepared edible fats', animal

and vegetable waxn

16-03

Crustaceans and molluscs, prepared or pro* Wrvod.

Lard, other pig fat and poultry fat, rendered "r

lohrent-extraetcd.

APPENDIX 1—COBHL

SCHEDULE 1—eoatd.

1

1

2

2

20 05

CHAPTER 17

Jams, fruit jellies, marmalades, fruit puree¹ and fruit pastes, being cooked preparations, whether or not containing added sugar.

Sugars and sugar confectionery

20 06

17 01 Beet sugar and cane sugar, in solid form.

17-02

Fruit juices (Including grape must) and vege table juices, whether or not containing added sugar, but unfermented and not containing spirit.

17 03

Other sugars: sugar syrups; artificial honey (whether or not mixed with natural honey) i caramel. Molasses, whether or not decolourised.

CHAPTER 21

17-04 Sugar confectionery, not containing cocoa.

Miscellaneous edible preparation'

17-05

21 01

Flavoured or coloured sugars, syrups and molass- es, but not including fruit Juices containing added sugar in any proportion.

CHAPTER 18

21 02

Cocoa and cocoa preparations

Rosted chicory and other roasted coffee sub- stitutes, extracts, essences and concenrates thereof. Extracts, essences or concentrates, of coffee, tea or mate; preparations with a basis of those extracts, essences or concentrates.

18 01

Mustard flour and prepared mustard.

Cocoa beans, whole or boken, raw or roasted.

21-03

18-02 Cocoa shells, husks, skins and waste.

21-04 Sauces; mixed condiments and mixed season- ings.

18-03 Cocoa paste (in bulk or in block), whether or not defatted.

21-03 Soups and broths, in liquid, solid or powder form; homogenised composite food preparations.

18-04 Cocoa butter (fat or oil).

21 06

18-05 Cocoa powder, unsweetened.

18-06

21 07

Chocolate and other food preparations contain- ing cocoa.

Natural yeasts (active or inactive)) prepared baking powders. Food preparations not elsewhere specified or Included.

CHAPTER 19

CHAPTER 22

Preparation of cereal) flour or starch ; pastrycooks

products

Beverages, spirit and vinegar

19 01 Malt extract.

22 01

19-02

Waters. Including spa waters and aerated waters. Ice and snow.

22-02

Preparation of flour, meal, starch or mal* extract of a kind used as infant food or for dietiatlc or culinary purposes, containing less than 50% by weight of cocoa.

19-03 Macaroni, spaghetti and similar products.

Lemonade, flavoured spa waters and flavoured aerated waters, and other non-alcoholic beve- rages, not including fruit and vegetable juices falling within heading No. 20-07.

19 04 Tapioca and sago; tapioca and sago substitute! obtained from potato or other starches.

22-03 22-04

19-05 Prepared foods obtained by the swelling or roasting of cerals of cereal products (puffed rice, corn flakes and similar products).

22-03

19-06

Beer made from malt. Grape must, In fermentation or with fermen- tation arrested otherwise by the addition of alcohol. Wine of fresh grapes; grapes must with fermen- tation arrested by the addition of alcohol.

Communion wafers, empty cacthets of a kind suitable for pharmaceutical use, sealing wafers ric" paper and similar products.

22-06 Vermouths, and other wines of fresh grapes flavoured with aromatic extracts.

19-07

22 07

Bread ship's biscuits and other ordinary baker'i| wares, not containing added sugar, honey, eggs, fats, cheese or fruit.

10-OS

22-oa

Pastry, biscuits, cakes and other Qne baker's wares, whether or not containing cocoa in any proportion.

CHAPTER 20

22.09

1

^reparation of vegetables, fruits or other parts

of plants

Other fermented beverages (for example, cider, pony and mead). Ethyl alcohol or neutral spirit, undenaturod, of a strength of 80° or hiqger; denatured spirits (including ethyl alcohol and neutral spirits) of any strength. Spirits (other than those heading No. 22-08)) liquors and other sprituous beverages i oompound alcobolio preparations (known as "concentrated extracts") for the manufacture of beverages.

20-1

Vinegar and substitutes for vinegar.

22-10

CHAPTER 23

Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or without sugar, whether or not containing salt, spices, or nu§- tard.

2U-02

ilduts and wastt from the food industries . pre-

Re

Vegetables prepared or preserved otherwli* than by vinegar settle acid.

pared animal fodder

20-03 Fruit preserved bv freezing, containing added "ugar.

23-01 Flours and meal*, of meta, offals, flub, crusta- ceans or mollases, unfit for human conuumption 20 04

greaves

Fruit, fruit-peal and parts of plants, preserved hv luaar (drained, alaco or crystallised).

51—2 Commerce/83

A P P E N DU 2—coata.

SCHEDULE \~eontd.

1

1

2

2

25-13

23-02 Bran, sharps and other residues derived from the shifting, milling or working of cereals or of legiminous vegetables.

Pumice stone i energy; natural corundum, natural garnet and other natural abrasives, whether or not heat-treated.

25 14

23-03

Sla'e, including slate not further worked than roughly split, roughly squared oi squared b y sawing.

Beet pulp, bagasse and other waste of sugar manufacture; brewing and distilling durg and waste; residues of starch manufacture and simi- lar residues.

25 15

23-04 Oil-cake and other residues (except drugs) re- sulting from the extraction of vegetables oils.

23-05 Wine lees; argol.

23-06

Marble, travertiac, evaussine and othe; calcare- ous monumental and building stone of an ap- parent specific gravity of 2-5 or more and ala- baster, including sucn stone not further worked than roughly split, roughly squared or squared by sawing.

Products of vegetables origin of a kind used for., animal food, not elsewhere specified or included.

25 16

23-07 Sweetened forage; other preparation of a kind used In animal feeding.

Granite, porphyryl, basalt, sandstone and other monumental and building stone, including such, stone not further worked than roughly split, roughly squared or squared by sawing.

25-17

CHAPTER 24

Tobacco

24 01 Unmanufactured tobacco; tobacco refuse.

24-02 Manufactured tobacco; tobacco extracts and essences

Pebbles and crushed or broken si one (whether or not heat-treated), gavel, macadam and tar- red macadam, of a kind commonly used for concrete aggregates, for and metalling or for railway or other ballast ; flint and shingle, whe- ther or not heat-treated; granules and chipping (whether or not heat-treated) and powder of stones falling within headng No. 25-15 or 25'16

25-18

SECTION V

Mineral Products

Dolomite, whether or not calcined, Including dolomite Dot further worked than roughly split roughly squared or squared by sawing; agglo morated dolomite (including tarred dolomite)

25 19

CHAPTER 25

Natural magnesium carbonate (magncsltt) whether or not calcined, other than magnesium oxide.

sulphur; earths and stone: plastering materials. lime

Salt;

and cement

25-20

25-01

Gypsum; anhydrite; calcined gypsum, and plas- ters with basis of calcium sulphate, whether or not coloured, but not including plasters spe- cially prepared for use in dentistry.

Common salt (including rock salt, sea salt and table salt) j pure sodium cloride; salt liquors sea water.

25-21 Limestone flux and calcareous stone, commonly used for the manufacture of lime or cement.

Unroasted Iron pyrites.

25-02

25-22

25 03

Quicklime, slacked lime and hydraulic lime, other than calcium oxides and hyroxide.

Sulphur of all kinds, other than sublimed sulp- hur, precipitated sulphur and colloidal sulphur.

25-23

25-04 Natural graphite.

25 05

Portland cement, cement fondu, slag cement super-sulphate cement and similar hydraulic cement, whether or not coloured or in the form of clinker

Natural sands of all kinds, whether or not colour- ed, other than metal-bearing sands falling within heading No. 26 -01.

Asbestos.

25-24

25-06

25-25

Quartz (other than natural sands)] quartizite, In- cluding quartzite not further worked than roughly split, roughly squared or squared by sawing.

Meerschaum (whether or not in polished pieces) and amber; agglomerated meerschaum and ag- glomerated amber, In plates, rods, sticks or similar forms, not worked after moulding; jet.

2J-07

Mioa, Including splittings; mica waste.

25-2fi

25-27

Clay (i"or example, kaolin and bentonlte), an dalusite kyantle and sUUraanite, whether or not oalolned, but not Including expanded clays fall- ing wihtin heading No. 68 -071 mallitei cha- motte and dlnas earths.

Natural steatite, including natural streatite not further worked than roughly spilt, roughly squared or squared by sawing talc.

25 08 Chalk.

Natural cryolite and natural chlollite.

25-28

25 09

Natural araenia sulphides

25-29

Earth colours, whether or oot calcined or mixed

together) natural micaceous iron oxides.

23-30

25 10 Natural calcium phosphates, natural aluminium calcium phosphates, apatite and phwphatlo ohalk.

25-11

Crude natural borates and concentrates thereof (calcined or oot), but not including borates se- parated from natural brine; orude natural boric add containing not more than 85% of H3BO3 calculated on the dry weight.

Natural barium sulphate (barytas) | natural

barium carbonate (wlthorite) whether or not

calcined, other than barium oxide.

25-31 Felspar, loucita, nephelins and uaphetine' sye- nltei fluorspar.

25-12

25-32 Strontianlte (whether or not calcined), other than storntiom oxide i mineral substonoes not elsewhere specified or Included i broken potters Siliceous fossil meals and slmlar siliceous earth⁵ (for example, klleselguhr, tripollte or dlato- olte). whether or not oalolned, of an apparent itMoiflo gravity of 1 or less.

APPENDIX 1—eomd.

SCHEDULE 1—eoatd.

1 2

2

1

SECTION VI

CHAPTER 26

Products of the Chemical and Allied Industries

Metallic ores, slag and ash

CHAPTER 28

26 01 Metallic ores and concentrates and roasted Iron pyrites.

Inorganic chemicals; organic and inorganic compounds of

precious metals, of rare earth matels, of radio-active elements

26-02

and of Isotopes

Slag, dross, scallngs and similar waste from the manufacture of Iron or steeU

I—Chemical Elements

26 03 Ash and residues (other than from the manu- facture or iroD or steel), containing metals or metallic compounds.

28-01 Halogens (fluorine, Chlorine, bromine trap iodine).

26-04 Other slag and ash. Including kelp.

28-02 Sulphur, supplied or precipitated; colloidal sulphur.

CHAPTER 27

28-03 Carbon (including carbon black).

28-04 Hydrogen, rare gases and other non-metals.

Mineral] fules, mineral oils and products of their distillation ;

bituminous substance), mineral waxes

28-05

27 01

Alkali and alkaline-earth metals; rare earth metals vitrium and scendium and inter-mixtures or Interalloys thereof; mercury.

Coal *. briquettes, ovoids and similar and solid fuel manufac'ured from coal.

Lignite, whether or not agllomerated.

27-02

U—Inorganic Adds and Oxygen compounds,

on non-metals

27-03 Feat (Including peat litter), whether or not agglomerated.

28-06 Hydrochlorlo add and chlorosuphurio add.

Coke and semi-coke of coal, of lignite or of

27-04

Sulphur dioxide.

28-07

peat.

28-08 Sulphuric acid; oleum.

Retort carbon.

27-03

28-09 Nitric acld;sulphonitrio acids.

27-06

28-10

Coal gas, water gas, producer gas and similar gases (Optional heading).

Phosphorus pentoxide and phosphoric acJd" (mataortho and pyro).

28-11

27 07

Arsenlo trioxide, arsenic pentoxide and achh of arsenic

28-12

Tar distilled from coal, from lignite or from peat, and other mineral tars, including partially distilled tars and blends of pitch with creosote oils or with other coal tar distillation products.

28 13

27 08

Boric oxide and boric acid. Other inorganic adds and oxygen compound¹- of non-metals (excluding water).

I—Halogen and sulphur compounds of non-metal*

n

27-09

Oils and other proucts of the distillation of high temperature coal tar; similar products as defined in Note 2 to this Chapter. Pitch and pitch coke, obtained from coal tar or from other mjneral tars.

28-14 Halides, oxyhalides and other halogen com- pounds of non-metals.

17 10

28-15

Petroleum oils and oils obtained from bitumin- ous minerals, crude.

Sulphides of non-metals; phosphorus trisul- phide.

27-11

IV—Inorganic Bases and Metallic Oxides.

Hydroxides and Peroxides

28-16 Amonla, anhydrous or in aqueous solution.

Petroleum oils and oils obtained from bitumen- ous minerals, other than crude: preparations not elsewhere specified or included, containing not less than 7 % by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations.

28-17

27-12

Sodium hydroxide (caustic soda), potassium hydroxide (caustic potash); peroxides of sodium or potassium.

Petroleum gases and other gaseous hydrocar- bons.

28-18

Petroleum jelly

27-13

Oxides, hydroxides and proxides of strontium barium or magnesium.

27-14

28-19 Zinc oxide and zinc peroxide.

28-20

Parafln wax, micro-crystalline wax, slack wax, ozokerite, lignite was, peat wax, and oth"r mineral waxes, whether or not coloured.

Aluminium oxide and hydroxide j artificial Corrumdum.

27-IS

28-21 Chromium Oxides an hydroxides.

Petroleum bitumen, petroleum coke and othe residues of petroleum oils or of oils abtaine from bituminous minerals.

28-22 Manganese oxides.

28-23

27-16 Bitumen and asphalt, natural; bituminous shale, asphaltic rock and tar sands.

Iron oxides and hyroxides; earth colours con- taining 70% or more by weight of Combined iron evaluated as Fe 203.

27-17

28-24 Cobalt oxides and hyroxides.

28-23 Titanium oxides,

Bltiminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for exam- ple, bituminous mastics, cut-backs.)

28-26 Tin oxides (stannous oxide and stannic oxide).

Electric current (optional heading).

27-18

28-27 Land oxides; red lead and orange lead.

APPENDIX 2-come

SCHEDULE l—eotttd.

1

2

2

1

28-54

28-28 Hydraztnc and hydroxylamlne and their in organic salta; other inorganic bases and MatalH- oxldes, hydroxides and peroxlds.

28-33 28-56

V—Metallic Salts and Peroxysalts of

Inorganic Acids

28 37

28-29

28-58

Fluorides; fluorosilicates, fluoroborates and other complex fluorine salts.

Chlorides and oxychlorides.

28-30

Hydrogen Peroxide (Including solid hydrogen perioxlde). Phosphides. Carbides (for example, silicon carbide, boron carbide, motal carbides). Hydrides, nitrides and azldes, sllicides and borides. Other Inorganic compounds (inclnding distilled and conductivity water and water of similar purity); amalgams, except amalgams of precious metals.

Chlorides and hypoohlorides.

28-31

CHAPTER—29

Chlorates and perchlorates.

28-32

28-33

Organic Chemicals

I—Hydrocarbons and their halogenated, sulphonated,

Bromides, oxbromldes, bromates and per- bromatw, and hypobromltes, Iodides, oxyiodides, Iodates and periodates.

28-34

nitrated or nitrosated derivatives.

Sulphdies; polysulphldes.

28-35

28-36 Ditbionites, including those stabUised with organic substances; sulph oxylates.

29-01 29-02 29 03

Sulphites and thlosulphates.

28 -37

Hydrocarbons. Halogenated derivatives of hydrocarbons. Sulphonated, nitrated or nitrosated derivatives of hydrocarbons.

Sulphates (Including Salums) and persulphate

28-38

28-39 Nitrites and nitrates.

II—Alcohols and their halogenated, sulphonated,

nitrated or nitrosated derivatives

Phosphites, hypophosphltes and phosphates.

28-40

29-04

Arsenites and arsenates.

28-41

28-42

29 05

Carbonates and percarbonates j commercial ammonium carbonate containing ammonium

Acyclic alcohols and their halogenated, sul- phonated, nitrated or nitrosated derivatives. Cyclic alcohols and their halogenated sulphated or nltrosted derivatives.

carbonate.

m-

Cyanides and complex cyanides.

28-43

-Phenols, Phenol—Alcohols, and their halogenated,

sulphonated, nitrated or nitrosated derivatives

28-44 Fulminates, cyanates and thiocyanates, silicates commercial sodium and potassium silicates.

29-06 29-07

28-43

Phenols and phenol-alcohols. Halogenated, sulphonated, nlttated or nltrosat* ed derivatives of phenols or phenol-alcohols.

Silicates, commercial sodium and potassium | silicates.

28-46 Borates and perborates,

IV—Ethers alcohol peroxtd, Ether peroxides, Eplexides with

and three or four. Members ring Acetate and (Hemlace-

tals and their Aelgenated snlpptenated, Nitrated Nitro~

28-47

sated Derivatives)

Salts of metallic acids (for example, ohromates, permagnates, stannates).

29-08

28-48 Other salts and peroxysalts of inorganic acids, but not including azides.

Vl-^Miscellaneous

29-09

28-49

29-10

Colloidal precious metals; amalgams of pre- cious metals; salts and other compounds, in- organic or organic, of precious metals, includ- ing albumlnates, proteinates, tennates and simi- larly compounds, whether or not chemically denned.

Bthers, ether-alcohols, ether-phenols, ether- alcohol-phenols, alcohol perosides and other peroxides, and their halogenated, sulphonated, nitrated or nitrosated derivatives. Epoxides, apoxyalcohols, epoxyphenols and epoxyethers, with a three or four member ring and their halogenated, sulphonated, nitrated or nitrosated derivatives. Acetals and hemacetals and single or complex oxygen-function acetals and hemacetals, and their halogenated, sulphonated, nitrated or nitrosated derivatives.

28-50

V—Aldehyde Function Compounds.

29 11

Fissile chemical elements and Isotopes; other radioactive chemical elements and radioactive isotopes* compounds, inorganio or organic, or such elements or isotopes, whether or not chemically defined; alloys dispersions and cer- mets, containing any of these elements, Isotopes or compounds.

29-12

28-51

Aldehydes, aldehyde-alcohols, aldehyde-ethers aldehyde-phenols and other single or complex oxygen-function aldehydes; cyclic polymers oT aldehydes ; praformaldehyde. Halogenated, sulphonated, nitrated or nitronat;d derivatives of products falling within heading No. 29-11.

VI—Kttone function compounds and qulnones

Isotopes and their compounds, inorganic or organic whether or not chemically defined, other than Isotopes and compounds falling within heading No. 28 -50.

Function compounds

28-22

29 13

Compounds, In organic or organic of thorium of uranium depleted la U235, of raro earth, metals of vitrium or of scandium, whether or not mixed together.

H ' JB

Llqnid air (whether oi mot tut H IM haw

CetonM, ketont-atcoholf, ketone-phenols, k*toa*-*ldehydei, qulnonei, qolnone-alcohols, qilaoae-phtnoli, quJnone-aldehydw and other •laal* or complex oiygen-fanction fcetonei and qmftoMi, tad their halogensted, lulpho •ated, altrtt#d of •ItrowUd diriyativtf.

beta r"mov"d)j comprMiad air.

APPENDIX 2—coma

SCHEDULE l—contd.

¹

2

2

x i n-

APPBNDHC 2—eoaia.

SCHBDV&B l—eonid.

1

2

1 2

CHAPTER 32

Tanning and dyeing extracts; tannins and their derivatives;

dye), colours, paints and varnishes; putty, fillers and stop-

alcoholic solutions) with a basis of one or more

of these substances, of a kind used as raw

materials in the perfumery, food drink or other

industries.

pings; Inks

33-05

32-01

Tanning extracts of vegetable origin

and other derivatives.

Aqueous distillates and aqueous solutions or

essential oils, including such products suitable

for medicinal usss.

32-02

Perfumery, cosmetics and toilet preparations.

33-06

Tannins (tannisc acids), including water-extract

ed gul-nut tanning, and their salts, ethers, ester

and other derivatives.

CHAPTER 34

32 03

Soap organic surface-octire agents, washing preparations

lubricating preparations, artificial waxes, prepared waxes

polishing and scouring preparations, candles and similar

articles, modelling pastes and dental, waxes.

Synthetic organic tanning substances, and In-

organic tannins substances; tanning prepara-

tions, whether or not containing natural tan-

ning materials; enxymatic preparations for

pertaining (for example, of enzymatic, pan

creatio, or bacterial origin).

34-01

32-04

Soap: organic surface-active products and pre-

parations for use as soap, in the form of ban,

cakes or moulded pieces or shapes, whether

or not combined with soap.

Colouring matter of vegetable origin (Includ-

ing dyewood extra and other vegetable dye-

Inn extracts but excluding Indigo) or of animal

origin.

34-02

32 03

Organic, surface-active agents; surface-activ

preparations and washing preparations, whethe

or not containing soap.

34-03

Synthetic organic dycstufia (including pigment

dyestufft), synthetic organic products of a

kind used as luminophores; products of the

kind known as optical bleaching agents, subs-

tantive to the fibre; natural Indigo.

Colour lakes.

32-OS

32-07

Lubricating preparations and preparations of

a kind used for oil or grease treatment of

textiles, leather or other materials but not

including preparations containing 70% or more

by weight of petroleum oils or of oils obtained

from bituminous minerals.

Other colouring matter; inorganic products of

a kind used as luminophores.

32-08

34-04

Artificial axes (including water-soluble wax-

es); prepared waxes, not emulsified or contain-

ing solvents.

34-03

Prepared pigments, prepared opacities and

prepared colours verifiable enamels and glazes

liquid lustres and similar products, of the

kind used in the ceramic enamelling and glass

Industries; engobles (slips); glass frit and other

glass in the form of powder, granules or

flakes.

Polishes and creams, for footwear, furniture

or floors, metal polishes, scouring powders and

similar preparations, but excluding prepared

waxes, falling within heading No. 43 04.

32-09

Candles, tapers, night-lights and the like.

34-06

34 07

Varnishes and lacquers; distempers; prepared

water pigments of the kind used for finishing

other' paints and enamels; pigments in lin-

seed oil, white spirits, of turpentine varnish

or other paints or enamel media; stamping foils;

dyes or other colouring matter in forms or

Packings of a kind sold by retail.

32-10

Modelling pastes (including those put up for

children's amusement and assorted modelling

pastes); preparation of kind known as "dental

wax" or as "dental impression compounds" in

plates, horseshoe shapes, sticks and similar

forms.

CHAPTER 33

Artists' students' and signboard painters'

colours, modifying tints, amusement colours and

the like, in tablets, tubes jars, bottles pan or

in similar forms or packings, including such

colours in sets or outfits, with or without

burshes, palettes or other accessories.

Albumlnoidal substances; glues

Prepared driers.

32 11

35 01

32-12

Casein, Caseinates and other casein derivative*!

casein glues.

35-02

Glaziers' putty; grafting putty; painters' fillings

non-refractory surfacing preparations; stopping

sealing and similar mastics, including resin-

mastics and cements.

Albumins, albuminates and other albumin deri-

vatives'

32-13

Writing ink, printing Ink and other inki.

35 03

CHAPTER 33

Gelatin (including gelatin in rectangles, whether

or not coloured or surface-worked) and gelatin

derivatives; glues derived from bones, hides,

nerves tendons or from similar products, and

fish glues; isinglass.

Essential oils and restnoids; perfumery, cosmetics and toilet

preparations

33-01

35-04

Essential oils (terpeneless Or not); concretes

and absolutes! restnolds.

Peptones and other protein substance* and

their derivatives, hide powder, whether or not

chromed.

33-02

Terpenic by-products of the deterpenation of

essential oils.

35 05 Dextrlns and dextrin glues; soluble or roasted starches; starch glues.

33-03

3J-06

Concentrates of essential oils in flats, in fixed

oils, or in waxes or the like, obtained by cold

absorption or by maceration.

33.04

Prepared glues not elsewhere specified or in-

eluded, products suitable for use as glues put

up for sale by retail as glues In Packages not

exceeding net weight of 1 kg.

Mixtures of two or more odoriferous substance

(natural or artificial) and mixtures (Including

AfVBNOIX 2—Cna

SCHEDUfcB 1— Contd.

1 2

1

2

CHAPTER 36

38-OS Wood tar; wood tar oils (other than the com- positive solvents and thinners falling within head- ing No. 38 18); wood creosote; wood naphtha; acetone oil.

Explosive*; pyrotechnic products; matches; pyrophorlc alloys;

* certain combustible preparations

36-01

Propellent powders.

3i -10

36-02 Prepared explosives, other than propellent pow- ders.

Vegetable pitch of all kinds; brewers pitch and similar compounds based on rosin or on vegetable bitch; foundry core binders based on natural resinous products.

36-03 Mining, blasting and safety fuses.

36 04

38-11

Percussion and detonating caps; igniters; deto- nators.

36 05 Pyrotechnic articles (for example, fireworks, railway for signals, amorces, rain rockets).

36 06 Matches (excluding bengal matches).

Dlsenfectanta, Insecticides, fungicides, herbicid- es, anti-sporutfng products, rat poisons and similar products, put up In forms or packings for sale by retail or as preparations or as arti- cles (for example sulphur-treated bands, wicks and candles, fly-paper).

36-07

38-12

Ferro-cerium and other pyrophorlc alloys in all forms.

36 08

Prepared glazings, prepared dressings and pre- pared mordants, of a kind used in the textile, paper, leather or like Industries.

Other combustible preparations and products.

38-13

CHAPTER 37

Photographic and Cinematographic Goods

37-01 Photographlo plates and Him In the flat, sensi- tised unexposed, of any material other than paner. Daoerboard or cloth

Picking preparations, for metal surface fluxes and other auxiliary preprations tor soldering, brazing or welding; soldering, braz- ing or welding powders and pastes consisting of metal and other materials preparations of a kind used as crores of coatings for welding rods and electrodes.

37-02

Film In rolls, sensitised, unexposed, perforated or not.

38 14

T37-O3 Sensitised paper, paperboard and cloth, unexpos- ed or exposed but not developed.

Anti-knock preparations, oxidation Inhibitors, gum Inhibitors, -viscosity Improve antl-cor- rosivc Preparations and similar prepared addi- tives for minerals oils.

37-04

Prepared rubber acrelorators

38-15

Sensitised plates and film, exposed but not developed, negative or positive.

37 05

38 16 Prepared culture media for development of micro-organlsams.

Plates unperforated film and perforated film (other than cinematograph film), exposed and developed, negative or positive.

38-17

37 06

Preparations and charges for fire-extinguishers I charged fire-extinguishing grenades.

Cinematograph film, exposed and developed consisting only of sound track, negative or Posi- tive.

38-18 Composite solvents and thinners for varnishes and similar products.

37-07

38-19

Other cinematograph film, exposed and deve- loped, whether or not incorporating sound track, negative or positive.

37-08 Chemical products and flash light materials of a kind and in a form suitable for use in photo- graphy.

Chemical products and preparation of the chemical or allied Industries (including those consisting of mixtures of natural products), not elsewhere specified or included residual pro ducts of the chemical or allied Industries, no elsewhere specified or included.

CHAPTER 38

Miscellaneous chemical products

SECTION VII

38-01 Artificial graphite, colloidal graphite, other than suspensions In oil.

38-02

ARTIFICIAL RESTNS AND PLASTIC MATERIALS CELLULOSE ESTERS AND ETHERS, AND ARTICLES THEREOF; RUBBER, SYNTHETIC RUBBER FACTICB Animal black (for example, bone black and Ivory black), Including spent animal black.

AND ARTICLES THEREOF

38-03

CHAPTER 39

Activated carbon (decourlsing, depolarising or absorbent); activated diatomite, activated clay, activated bauxite and other activated natural mineral products.

Arlficial resins and plastic, materials cellulose esters and

38-04

ethers- articles-thereof

Amoniacal gas liquors and spent oxide pro- duced In coal gas purification.

38-05 Tar oil.

39'10

38-06 Concentrated sulphite lve.

38 07

Condensation, polycondensa ion and polyaddltlon products whether or not modified or polymerised and whether or not linear (or example phenoplasts, animoplasts, alkyds, polyallytesters and other unsaturated polyesters slliconcs).

39 02

Spirits of turpentine (gum, wood and sulphate) and other terpenic solvents produced bv the distillation or other treatment of coniferous woods; crude dipentene; sulphite turpenetine; pine oil (excluding "plno oils' not rich in terplnneaT).

38.08 Rosin and resin anids and derivatives themof other than ester gums included in Heeding No. 39-05; roifa spirit and rosin oil*.

Polymerisation and copolvmerisatlon products (for example, polyethylene, polytetrathaioethy- lenes. poivisobutylene. polytyrene, pollnyl ohlorldc, polvlnylacetate, polyvlnyl cbloroacel*to and other polyylnvl derivatives polyaoryHo and polymethaoryllc derivatives, coumaronelodem rosins.

APPENDIX 2—contd.

SCHBDULB l—contd.

2

1

1

2

40-12

39-03

Hygienic and pharmaceutical articles (including teats), of unburdened vulcanised rubber with or without iittings of hardened rubber.

40-13

Regenerated cellulose; cellulose nitrate, cellulose acetate and other cellulose ester9, cellulose others and other chemical derivatives of cellulose, plas- ticised or not (for example, collodions, celluloid); vulcanised fibre.

Articles of apparel and clothing accessories (inclu- ding gloves), for all purposes of unhardened vulca- nised rubber.

39-04 Hardened proteins (for example, hardened casein and hardened gelatin).

Other article of unhardened vulcanised rubber.

40-14

39-05

40-15 Hardened rubber (ebonite and vulcanite) in bulk, plates, sheets, strip, rods, profile shapes or iubes, scrap waste and powder of hardened rubber.

Natural rosins modified by fusion (run gums): artificial resins obtained by estcriflcation of natural resins or of resinio acids (ester gums); chemical derivatives of natural rubber (for example, chlorinated rubber, rubber h> drochloride' oxidised, rubber, cyclised rubber).

Articles of hardened rubber (ebonite and vulcanite).

40-1(5

39 06

SECTION VIII

Other high polymers, artificial resins and artificial plastic materials, including algianlc acid, its salts and esters; Ilnoxyn.

39-07 Articles of materials of the kinds described in heading Nos. 39-01 to 39-06.

RAW HIDES AND SKINS, LEATHER, FURSKINS AND ARTICLES THEREOF; SADDLERY AND HARDNESS- TRAVEL GOODS, HANDBAGS AND SIMILAR CON' TAINERS; ARTICLES OF GUT (OTHER THAN SILK

WORM GUT).

CHAPTER 40

, synthetic rubber, factice, and articles thereof.

Rubber

CHAPTER 41

tides and skins {other than fursktns) and leather

Raw It

40-01

41-01

Natural rubber latex, whether of not with added synthetio rubber latex, pre-vulcanlsed natural rubber latex, natural rubber, balata, guttapercha and similar natural gums.

Raw hides and skin (fresh, salted, dried, pickled or limed), whether or not split, including sheep- skins in the wool.

40-02

41-02

Synthetic rubber latex; pre-vulcaniscd synthetic rubber latex; synthetic rubber; factice derived from oils.

Bovine cattle leather (including buflalo leather) and equine leather except leather falling with In heading No 41 -06, 41 -07 or 41 -08.

41-03

Reclaimed rubber.

40-03

Sheep and lamb skin leather, except leather falling within heading No. 41 06, 41 07 or 41 -08.

40-04

41 04 Goat and kid skin leather, except leather falling within heading No. 41.06, 41.07, or 41- 08.

Waste and partings of unhardend rubber ; scrap of unhardened rubber, fit only for the recovery of rubber: powder obtained from waste or scrap of unhardened rubber.

41-03 Other kinds of leather, except leather falling within heading No. 41. 06, 41. 07 or 41.08.

40 05

Chamois-dressed leather.

41-06

Parchment-dressed leather.

41 07

41-08 Patent leather and imitation patent leather; metallised leather.

41 09

Plates, sheets and strip of unvulcanised natural or synthetic rubber, other than smoked sheets and crape sheets of heading No. 40-01 or 40 -02 I granuls of unvulcanised natural or synthetic rubber compounded ready for vulcanisation, unvulcanised natural or synthetic rubber, compounded before or after coagulation either with carbon black (with or without the addition of mineral oil) or with silica (with or without the addition of mineral oil), In any form of a kind known as master-batch.

40-06

Partings and other waste, of leat her or of com- position or parchment-dressed leather, not suit- able for the manufacture of articles of leather leather dust, powder, and flour.

41-10 Composition leather with a base of leather of leather fibre, in slabs, in sheets or in rolls.

Unvulcanised natural or synthetic rubber, including rubber latex, in other forms or stete (for example, rods, tubes and profile shapes, solution and disper- sions); articles of unvulcanised natural or synth- etic rubber (for example, coated or impregnated textile thread; rings and discs).

CHAPTER 42

40-07

Articles of Leather saddlery and harness travel goods, handbags

and similar containers, articles of animals gut (other than silk-

Vulcanised rubber thread and cjrd, whether or not textile covered and textile thread covered or impregnated with vulcanised rubber.

worm gut)

40-08

42-01

Plates, sheets, trip, rods and profile shapes, of unhardened vulcanised rubber.

Saddlery and harness, oF any material (for example, saddles, harness, collars, traces, kneepads and boots), of any kind of animal.

40*09

Piping and tubing, of unhardened vu Icanised rubber.

42-02

40-10

Transmission, conveyor or elevator belts or belting

vulcanised rubber.

40-11 Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheel of all kinds.

Travel goods (for example, trunks, suit-cases- hat-boxes, travelling bags, rucksacks, shop ag, bags, handbags, satchteLs, brief-cases, wallets, purses, toilets-cases, tool-cases, tobacco-pouches, seaths, cases, boxes (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar

APPENDIX 2—oontd.

SCHEDULE I—contd.

1

2

1

2

4 4 13

containers, of leather of composition leather,

of vulcanised fibre, of artificial plastic sheeting

of paperboard or of textile fabric.

42.03

Articles of apparel and clothing accessories of

leather or of composition leather.

Wood (including blocks, strips and frizes for

parquet or wood block flooring, not assemb-

led, planned, tongued; grooved, revitted Cham-

fered, V-iolnted. centre V-^omted, headed, cen-

tre-headed or the like; but not further manu-

factured.

42.04

44-14

Articles of leather or of composition leather

of a kind used in machinery or mechanical

appliances or for other Industrial purposes.

42-05

Wood sawn lengthwise, sliced or peeled but

not further prepared, of a thickness not ex-

ceeding 5 mm; veneer) sheets and sheet* for

plywood, of a thickness not exceeding 5 mm.

Other articles of leather or of composition-

leather.

44-13

42 06 Articles made from gut (other than silk-worm gut), from goldbeaters skin, from bladders or from tendons.

Plywood, blackboard, Ilminboard, battenboard

and similar laminated wood products (Includ-

ing venured panels and sheets) : inlaid wood

and wood marquentry.

44 16

CHAPTER 43

Cellular wood Panels, whether or not faced

With base metal.

Furskins and artificial fur; manufactur* thereof

44-17

Raw fursklns.

"Improved" wood, in sheets, blocks or the

like.

43 01 43 02

44 18

Furskins, tanner or dressed, including furskins

assembled in plates, crosses and similar forms;

pieces or cuttings, of furskin, tanned or dressed,

including heads, paws, tails and the like (not

being fabricated).

Reconstituted wood, being wood savings,

woodchips, sawlust, wood floor or other lig-

nous waste agglomerated with natural or artifi-

cial resins or other organic binding substances

in sheets, blocks or the like.

43-03

Articles of furskin.

44 19

43 04 Artificial fur and articles made thereof.

Wooden beading and mouldings, Including

moulded skirting and other moulded boards.

44-20

SECTION IX

Wooden picture frames, photograph frames

mirror frames and the like.

44-21

Complete wooden packing cases, boxes, creatM

drums and similar packings.

44-22

WOO]

COAL

TURE

PLAT!

} AND ARTICLES OF WOOD: WOOD CHAR

, CORK AND ARTICLES OF CORK; MANTJFAC-

S OF STRAW OF ESPARTO AND OF OTHER-

[NG MATERIALS; BRASKETWARE AND WICKER-

WORK

Casks, barrels, vats, tubs, bauckcts and other

coppers' products and parts thereof, of wood,

other than staves falling within heading No.

44-08.

CHAPTER 44

44-23

Wood and articles of wood; wood charcoal

Builders' carpentry and jolney (Including pre-

fabricated and sectional buildings and assem-

bled parquet flooring panels).

44-01

Household utensils of wood.

44-24

44-25

44 02

44-03

44-26

Fuel wood, In logs, In billets, In twigs or in

foggots; wood waste, Including sowdust.

Wood charcoal (Including shell and nut charcoal),

agglomerated or not.

Wood in the rough, whether or now itripped of

its bark or merely roughed down.

Wooden tools, tool bodies, tool handles, broom

and brush bodice and handles; boot and shoe

lasts and trees of wood.

Spools, cops, bobbin, sewng thread reels and

the like, of turned wood.

44-04

Wood roughly squared or half-squared, but

not further manufactured.

44-27

44-05

Wood sawn lengthwise, sliced or peeled, but

not further prepared, of a thickness exceeding

5 mm.

44-06

Wood paving bocks.

44 07 Railway or tramway sleepers of wood.

44-08

Standard lamps table lamps and other light-

ing fittings, of wood : articled of furniture of

wood, not falling within Chapter 94) caskets,

cigarette boxes, trays, fruit bowls, ornaments

and other fancy articles, of wood; cases for

cutlery for drawing instruments or for violins

and similar receptacles, of wood; articles of

wood for personal use or adornment, of a kind

normally carried In the pocket. In the hand

bag or on the person; Parts of the fore-going

articles of wood.

Other articles of wood.

44-28

Riven staves of wood, not further Prepared than

sawn on one principal surface, sawn staves of

wood of which at least one principal surface

has been cyllndrically sawn, not further pre-

pared than sawn.

44 09

CHAPTER 45

Cork and articles of cork

45-01

44-10

45 02

Natural cork, unworked, embed, granulated

ground; waste cork.

Natural cork in blocks, plates, sheets or strips

(including cubes or square slabs, cut to size for

corks or stoppers).

Articles of natural cork.

45-03

44 11

45 04 Agglomerated cork (being cork agglomerated with or without a building substance) and art!

Hoopwood; split poles; piles, pickets and stakes

of wood, pointed but not sawn length-wise;

chipwood; pulpwood In chips or particles; wood

shavings of a kind suitable for use in the manu-

facture of vinegar or for the clarification of

liquids.

Wooden sticks, roughly trimmed but not tam-

ed, bent nor otherwise worked suitable for the

manufacture of walking-sticks, whips golf club

shafts, umbrella handles, tool handles or the

like.

Drawn wood; match splints; wooden pegs or

pins for footwear.

Wood wool and wood flour.

52—2 Commerce /83

__APPENDDt 2—contd.

SCHEDULE I—conld.

1

2

2

1

48-12

CHAPTER 46

Floor coverings prepared on a base of paper or of paperboard, whether or not cut to size with or without a coating of linoleum compound.

anufacturers of straw of esparto and of other plating

materials; basketware and wicker*ork

48-13

46-01

Carbon and other copying papers (ircJid^p duplicator stencils) and transfer papers eul Ic tt?e. whether or not put up in boxes.

Plaits and similar products of plating materials, for all uses, whether or not assembled Into strips.

48 14

46-02 Hand-niade paper and paperboard, strands or woven. In sheet form, including matting, mats and screens straw envelopes for bottles.

46-03

Writing blocks, envelopes, letter cards, plain postcards, correspondence cards: boxes, pouches wallets and writing, compendiums, of paper or paperboard, containing only an assortment of paper stationery'

Other paper and paperboard cut to size or scape.

48-15

Basketwork, wickwork and other articles of plat- ing materials, made directly to share; articles made up from goods falling within heading No. 46 '01 or 46 02; article* of loofah

48-16

SECTION X

48 17

PAPER-MAKING MATERIAL; PAPER AND PAPER

Boxes, bags, and bags and other packing con- taners, of paper or paperboard Box files, letter tryas, storage boxes and similar articles, of paper or paperboard. of a kind com- monly used In offices, shops and the like.

BOARD AND ARTICLES THEREOF

48 18

CHAPTER 47

Paper-making maienal

Registers exercise books, note books, memorartdurj blocks, order books, receipt books, diaries, R t- ting-Pads, binders (loose-leaf cr oiher), fiJccocji- and other stationery of paper or pereilcBJd^ sample and other albums ard bccls co\ti", or paper or paperboard.

47-01 Pulp derived by mechanical or chemical means from any fibrous vegetable material.

48-19 Paper or paper board labels, whether or no t printed or gummed.

47-02

48-20

Waste paper and paperboard; scrap articles of paper or of paper board, fit only for use in paper-making.

Bobbins spools, cops and similar support* of paper pulp, paper or paperboard (whether or not perforated or hardened).

CHAPTER 48

48-21 Other articles of paper pulp, paper paperboard oi cellulose wadding

and paperboard; articles of paper pulp, of paper or of

Paper

paperboard

CHAPTER 49

I—Paper and paperboard. In rolls or In sheet

Printed books, newspapers, pictures and other products of th*

Printing industry; manuscripts, typescripts and plans

48-01 Paper and paperboard (including cellulose wad- ding), machino-made, in rolls or sheets.

49 01

Hand-made paper and paperboard.

48-02

48 03

49-02

Printed books, booklets, brochures, pamphlets and leaflets. Newspapers, journals and periodicals, whether or not Illustrated.

Parchment of greaseproof paper and paperboard, and imitations thereof, and glazed transparent paper, in rolls or sheets.

Children's picture books and painting books. 48-04

49 03

49 04 Music, printed or In manuscripts, whether or not bound or Illustrated.

Composite paper or paperboard (made by stick- ing flat layers together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets.

48-03

49 05

Paper and paperboard, corrugated (with or with out flat surface sheets), croped, crinkled, em- bossed or perforated, in rolls or sheets.

Maps and hydrographic and similar charts of all kinds, including atlases, wall maps and topogra- phical plans, printed; printed globes (terrestrials or celestial).

48-06 Paper and paperboard, ruled, lined or squared but not otherwise printed, in rolls or sheets.

49-06

48-07

Plans and drawings, for industrial architectural, engineering, commercial or similar purposes, whe- ther original or reproduction on-sensltised paper manuscripts and typescripts.

49 07

Paper and paperboard, impregnated, coated sur- face coloured surface decorated or printed (not being merely ruled, lined or squared and not con- stituting printed matter within Chapter 49), ID rolls or sheets

48-08 Filter blocks, slabs and plates of paper pulp.

48-09

Unused postage revenue and similar stamps of current or new issue in the country to which they are destined; stamp-Impressed paper; bank-notes stock, share and bond certificates and similar documents of title; cheque books

Transfers (De calcomanlas).

Building board of wood pulp or of vegetable fibre, whether or not bonded with natural or arti- ficial resins or with similar binders.

49 08

49-09

11—Paper and paperboard cut to size or shape and

article t of paper or paperboard

Picture postcards, Christmas and other picture greetings cards, printed by any process with or without trimmings.

49-10

48-1( ) Cigarette paper, cut to size, whether or not in

Calendars of any kind of paper or paperboarda, Including calendar blocks.

for form of booklets or mbes.

48-11

4 9U

Other prfo'td matter, including printed pictun and photographs.

Wallpaper and lincrusla; window transparencies of paper.

APPENDIX 2—cantd.

SCHEDULE 1—oontd.

1

1

2

2

53-05

SECTION XI

Sheep's or lambs' wool or other animal hair (fine or coarse), carded or combed.

TEXTILES AND TEXTILE ARTICLES

53-06 Yarn of carded sheip's or lambs' wool (woollen yam), not put up for retail sale.

CHAPTER 50

53-07

Silk and waste silk

Yarn of combed sheep's or lambs' wool (worsted yarn), not put up for retail sale.

53-08

50 01 Silk-worm cocoons suitable for reeling.

Yarn of fine animal hair (carded or combed), not put up for retail sale.

JO-02

Raw silk (not thrown).

53-09

:o 03

Yarn of horse hair or of other coarse animal hair, not put up for retail sale.

Silk waste (including cocoons unsuitable for reeling, silk noils and nulled or garnetted rags).

53 10

50-04 Silk yarn, other than yarn of noil or other waste silk, not put up for retail sale.

Yarn of sheep's or lambs' wool or horse hair or of animal hair (fine or coarse), put up for retail sale.

50 05

53 11

Yarn spun from silk waste other than noil not p -1 up for retail sale.

Woven fabrics of sheep's or lambs' wool or fine animal hair

50-06 Yarn spun from noil not put up for retail sale.

53 12 Woven fabrics of coarse animal hair other thin horse hair.

50 07 Silk yarn and yarn spun from noil or other waste silk, put up for retail sale.

53-13 Woven fabrics of horse hair.

50-08 Silk-worm gut; imitation catgut of silk.

CHAPTER 54

30-09 Woven fabrics of silk or of waste silk other than noil.

Flax and Ramie

50-10 Woven fabrics of noil silk.

54-01 Flax, raw or processed but not spun; flax tow and waste (including pulled or garnetted rags).

CHAPTER 51

54 02 Ramie, raw or processed but not spun; ramie noito and waste (including pulled or garnetted rags).

Man-made fibres (continuous)

54 03 Flax or ramie yarn, not put up for retail sale.

51 01

54 04 Flax or ramie yarn, put up for retail sale.

Yarn of man-made fibres (continuous), not put up for retail sale.

54-05 Woven fabrics of flax or ramie.

51 02 Monofll, strip (artificial straw and the like) and imitation catgut, of man-made fibre materials.

CHAPTER 35

51-03 Yarn of man-made fibres (continuous), put up for retail sale.

Cotton

$1-04

Cotton, not carded or combed.

55 01

Woven fabrics of man-made fibre (continuous), including woven fabrics of monofll or strip of heading No. 51 01 or 51 -02

Cotton linters.

55 02

55 03

CHAPTER 52

Cotton waste (including pulled or garnetted rags), uot carded or combed.

53 04 Cotton, carded or combed.

Materials textiles

Cotton yarn, not put up for retail sale.

55 05

52-01 Metallised yarn, being textile yarn spun with metal or covered with metal by any process.

Cotton yarn, put up for retail sale.

55 06

52-02

55-07 Cotton gauze.

55-08

Woven fabrics of metal thread or of metallised yarn, of a kind used in articles of apparel, as furnishing fabrics or the like.

Terry towelling and simiHr terry fabrics, of cotton.

Other woven fabrics of cotton.

55-09

CHAPTER 53

CHAPTER %

Wool and other animal hair

Sheep's or lambs' wool, not carded or combed.

'53 01

Man-made fibres (discontinuous)

53 02

56 01

Other animal hair (floe or coarse), not carded or combed.

Man-made fibres (discontinuous) not carded, combed or otherwise prepared for spinning.

53 O3

56-02 Continuous filament tow for the manufacture of man-made fibre (discontinuous)

Waste of sheep's or lambs' wool or of other animal hair (tine or coarse), not pulled or garnetted.

56-03

S3 -04

Waste (Including yarn waste and pulled or garnetted rags) man-made fibres (continuous discontinuous), not carded, combed or other,VISQ prepared for spinning.

Waste of sheep's or lambs' wool or of other animal hair (fine or coarse), pulled or garnetted (Including pulled or garnetted rags),

APPENDIX Z-conia.

SCHEDULE l—conid.

I

2

1

2 56 04

58 07

Man-made fibres (discontinuous or waste),

carded, combed or otherwise prepared for

spinning.

56 05

Chenille yam (including flop chenille yarn)

gimped yarn (other than metallised yarn of;

heading No. 52 -01 and gimped horseohalr yam);

braids and Ornamental trimmings in the piece:

tassels, pompons and the like.

Yam of man-made fibres (discontinuous or

waste), not put for retail sale.

58 08

56-06

Tulle and other net fabrics (but not inoludlng

woven, knitted or crocheted fabrics) plain.

Yarn of man-made fibres (discontinuous or

waste), put up for retail sale.

58 09

36-07

Woven fabrics of man-made fibres (discontinu-

ous or waste).

Tulle and other net fabrics (but not including

woven, knitted or crocheted fabrics) figured]

hand or mechanically made lace, In the piece

in strips or in motlffs.

CHAPTER 37

58*10

Embroidery, in the pieoo, in strips or in rnotifls.

Other vegetable ttxtiU materials paper yam and woven

fabrics of paper yam

CHAPTER 59

57 01

Wadding and felt; twine; cordage; ropes and cables;

special fabrics; impregnated ana coated fabrics; textile

articles of a kind suitable for Industrial use

True hemp ("Canabls Sativa"), raw or pro-

cessed but not spun; tow and waste of true

hemp (including pulled, garnetted rags or

ropes).

59 01 Wadding and articles of wadding) textile flock and dust and mill neps.

57 02

39 02 Felt and articles of felt whether or not impreg- nated or coated.

Manilla hemp (abaca) ("Musa textiles") raw

or processed but not spun; tow and waste or

manlla hemp (including pulled or garnetted

rags or ropes).

59 03

57 03

Bonded fibre fabrics, similar bonded yarn fab

rics, and articles of such fabrics, whether or no

impregnated or coated.

59 04

Jute and other textile bast fibres not elsewhere

specified or included, raw or processed but not

spun; tow and waste thereof (Including pulled

or garnetted rags or ropes).

Twine, cordage, ropes and cables, plaited or

not.

57 04

59 05

Other vegetable textile fibres, raw or processed

but not ipunj waste of such fibres (including

pulled or garnetted rags or ropes).

Nets and netting made of twine, cordage or

rope, and made up fishing nets of yarn, twine,

cordage oj rope.

Yarn of true hemp.

57 05

59 06

57-06

Yarn of jute or of other textile best fibres of

heading No. 57 -03.

Other articles made from yarn, twine, cordage,

rope or cables, other than textile fabrics and

articles made from such fabrics.

Yarn of other vegetable textile fibres.

57 07

59 07

Paper yarn.

57 08

Woven fabrics of true hemp.

37 09

Textile fabrics coated with gum or amylaceous

substances, of a kind used for the outer covers

of books and the like; tracing cloth; prepared

painting canvas; buckram and similar fabrics

for bat foundation and similar uses.

57-10

Woven fabrics of jute or of other textile best-

flbres of heading No. 57 03

59 08

Woven fabrics of other vegetables textile fibres.

57 11

Textile fabrios impregnated, ooated, covered or

laminated with preparations of cellulose deriva-

tives or of other artificial plastic materials-

Woven fabrics of paper yarn.

57 12

39-09

Textile fabrios coated or impregnated with oil

or preparations with a basis of drying oil.

CHAPTER 58

59 10

Carptts, mats, matting and tapestries; pit* and chenille

fabrics narrow fabrics: trimmings; tulh and other net

fabrics; lace} embroidery

58 01 Carpets, carpeting and rugs, knotted (made up or not).

59 11

38 02

59-12

Other carpets, carpeting, rugs, mats and matt-

ings, and "Keleml{, "Schumacks" and "Kara-

manie" rugs and the like (made up or not).

58 03

59 13

Tapestries, hand-made, or the type Gobelins,

Flanders, Aubusson, Beauvais and the like, and

needle-worked tapestries (for example, petit

point and cross stitohy) made in panels and the

like by band.

59 14

58 04 Woven pile fabrics and cheallle fabrics (other than terry towelling or similar terry fabrics of cotton falling within heading No 55 -08 and fabrics falling within heading No. 58 05).

59-15

58 05

5 9 16

Narrow woven fabrics, and narrow fabrics

(bolduo) consisting of warp without weft

assembled by means of an adhesive, other than

goods falling within heading No. 58 06.

58-06

59-17

Linoleum and materials, prepared on a textile

base in a similar manner to linoleum, whether

or not cut to shape or of a kind used as floor

coverings; floor coverings consisting of a coat-

ing applied on a textile oaso, out to shape or

not.

Rubberised textile fabrics, other than rubberised

knitted or crocheted goods.

Textile fabrics otherwise impregnated or coatod|

painted canvas boing theatrical scenery, studio

back-cloth or the like.

Elastic fabrios and trimmings (other than knit-

ted or crocheted g5>d3) consisting of textile

materials combined with rubber threads.

Wicks of woven, plaited or knitted textile mate*

rials, for lamps, stoves, lighters, candles and the

like; tubular knitted gas-mantle fabrios and In-

candescent gas mentals.

Textile hosepiping and similar tubing, with or

without lining, armour or accegsories of othej

materials.

Transmission, conveyor or elevator belts or

belting, of textile material, whether or not

strengthened with metal or other material.

Textile fabrics and textile articles, of a kind

commonly used in machinery or plant.

Woven labels, badges and the like, not embroi-

dered, In the piece, in strips or cut to shape or

size.

APPBNDIX-2 oontd.

gCHBDWLB-r ottwl

1

2

2

1

CHAPTER 60

CHAPTER 63

Knitted and crocheted gooda

Old clothing and other textile articles; rags

60 01

63-01

Kaiued or cnis'ie'ed fabrics, not elastio nor

rubberised

60 02 Gl'3v:s. mttoai aid mats, knitted or crocheted, tint clnjtlo Q)r rubberised.

60 03

Clothing, clothing accessories, travelling rags and

blankets, household linen and furnishing articles

(other than articles falling within heading No.

38-01, 58 02 or 38-03), o^ textile materials, foot-

wear and headgear of any material, showing signs

of appreciable wear and imported In bulk or

bales, sacks or similar bulk packings.

Stocking*, under scorings, socks, angle-stocks,

sojfcettes and the like, knitted or crocheted, not

elastic nor rubborlsed.

63-02

60 04

Used or new rags, scrap twine, cordage rope and

cables and worn out articles of twine, cordage,

rope or cables.

Undsr garments, knitted or crocheted, not elaitio

nor rubberised.

SECTION XII

60-05

Outer garments and other articles, knitted or

crocheted not elastio nor rubberised.

60 06 Knitted or crocheted fabric arvl articles thereof, elastic or rubberised (including elastic knee-caps and elastic stockings).

FOOTWEAR HEADOEAR, UMBRELLAS, SUNSHADES,

WHIPS, RIDING-CROPS AND PARTS THEREOF; PRE-

PARED FEATHERS AND ART[CLES MADE THERE-

WITH, ARTIFICIAL FLOWERS; ARTICLES OF HUMAN

HAIR; FANS

CHAPTER 61

CHAPTER 64

Articles of Apparel and Clothing Accessories of Textile

Fabrics, other than knitted or crocheted gooat

Footwear, gaiters and the llke\ parts of such articles

64-01

Men's and boys' outer garments.

61-01

Footwear with outer soles and uppers of r i bar

or artificial plastic material.

Women's, girls' and Infants' outer garments.

61 02

64-02

61 03 Men's and boys under garments, including collars, shirt pronts and cuffs.

Footwear with outer soles of leather or composi-

tion leather, footwear (other than footwear falling

within heading No. 64*01) with outer soles of

rubber or artificial plastic material.

61 04 Women's, girls' and Infants' under garments Collars, shirt Pronts and ouffg.

Footwear with other soles of wood or cork.

64-03

Handkerchiefs.

61 05

Footwear with outer so) ;s of other material.

64-04

61 06

6405

Shawls, scarves, mufflers, mantillas, veils and the

like.

Parts of footwear (Including uppers, in-soles and

screw-on heels) of any material except metal.

Tlos, bowtics and cravats.

61 07

64-06

Gaiters, spats' leggings, puttees cricket pads shin-

guards and similar articles, and parts thereof.

61 08 Collars, tuckers, fallales. bodi-ftonts, Jabots, cuffs, flounces, yokes and similar accessories and trimmings for women's and girls' garments-

CHAPTER 65

fil 09

Headgear and parts thereof

Corsets corset-belts, suspended belts brassieres

braces, susPendors, garters and the like (includ-

ing such articles of knitted or corcheted fabrlo).,

whether or not elastic.

65-01

61 10

Hat-forms, hat bodies and hoods of felt, neither

blocked to shape nor with made brims; plateaux

and manchous (including slit manchons) of felt.

Gloves, mitteni m'tts, stockings, socks and

sockettes, not being knitted or corcheted goods.

63-02

61 11

Hat-shapes, plaited or mad? from plaited or other

strips of any material, neither blocked to shape

nor with made brims.

Made up accessories for articles of apparel (for

example dress shields shoulder and other pads

belts, muffs, sleeve protectors, pockets).

65-03

CHAPTER 62

Felt hats and other felt headgear, being headgear

made from the felt hoods and plateaux falling

within heading No 65 -01 whether or not lined

or trimmed.

Other made up Textile articles

63-04

Travelling rugs and Blankets.

62 01

HaU and other headgear, plaited or mir.e from

plaited or other slips of any material^ whether

or not lined or trimmed.

62 02

65 05

Bed linen, table linen, toilet linen and kitchen

linen, curtains and other furnishing articles.

62-03

Hats and other headgear (inoluding hair nets),

knitted or crocheted T made up from lace, felt

or other textile fabric in the piece (but not from

strips), whether or not lined or trimmed.

Sacks and bags, of a kind used for the packing of

goods.

Other headgear, whether or not lined or trimmed.

65-06

62 04 Tarpaulins, sails, awnings, sunblinds, tenti and/ camping goods.

65-07

62-05

Head-bands, linings, covers, hat foundations hat

frames (including spring frames for opera-hats),

peaks and chlnstraps for headgear.

Other made up textile articles' (including dregs

patterns).

APPENDIX 2-oontd.

SCHEDULE I— oontd.

1

2

1 2

CHAPTER 66

snsh stones, and wheels, of natural stones (agglo-

merated or not), of agglomerated natural or arti-

ficial abrasive, or of pottery.

Umbrellas, sunshades, walking-sticks, whips, riding crops

and parts thereof

68-05

66-01

Hand polishing stone, whetstones, oilstones, bones

and the like of natural stone of agglomerated

natural or artificial abrasives, or of pottery.

Umbrellas and sunshades (including walking-

stick umbrellas, umbrella tents, and garden and

similar umbrellas).

68 06

66 02

Natural or artificial abrasive powder or grain,

on a base of woven fabric, of paper, of paper-

board or of other materials, whether or not cut to

shape or sawn or otherwise made-up.

Walking-sticks (including climbing-sticks and

seat-sticks) canes, whips, ridlng-orops and the

like.

68-07

66 03 Parts, fittings, trimmings and accessories of articles falling withia heading No. 66 -01 or 66 -02.

CHAPTBR;67

Slag wool rock wool and similar mineral wools;

exfoliated vermioulite expanded clays, foamed

slag and similar, expanded mineral materials;

mixtures and articles of heat-insulating, sound-

insulating or sound-absorbing mineral materials,

other than those falling in heading No- 68 -12 or

68 -13 or in Chapter 69.

Prepared feathers and down and articles made of feathers or

vfdown; uttlflclal flowers, articles of human hair Fans.

68 08

67-01

Articles of asphalt or of similar material (for

example, or petroleum bitumen of coal tar

pitch).

58-09

Skins and other parts of brros with their feather

or down, feathers, parts of feathers, down, and

articles thereof (other than goods falling within

heading No. 05 -07 and worked qulls and scapes)

67-02

Panels, boards, tiles, blocks and similar artioles

of vegetable fibre of wood fibre, of straw, of wood

shaving or of wood waste (including sawdust),

agglomerated with cement, plaster or with other

mineral binding substances.

Artificial flowers, foliage or fruit and parti there-

of; articles made or artificial flowers, foliage or

fruit.

Articles of plastering material.

68-10

67 03

68-11

Human hair, dressed, thinned, bleached or other

wise worked, wool or other animal hair prepared

for use in making wigs and the like.

67-04

Articles of cement (including slag cement), of

concrete or of artificial stone (including granu-

lated marble agglomerated with cement), rein-

forced or not.

68-12

Wigs false beards, eyebrows and eyelashes

switches and the like of human or animal hair

or of textiles; other articles of human hair (in-

cluding hair nets).

Articles of asbestos-cement of cellulose fibre*

cement of the like.

67-03

68-13

Fans and hand screens, non-mechanloal, of any

material; frames and handles thereof and parts

of such frames and bandies, of any material.

SECTION XIII

Fabricated asbestos and articles thereof for

example, asbestos board, thread and fabric asbes-

tos clothing asbestos jointing), reinforced or not,

other than goods falling within heading No. 68 -14

mixtures with a basis of asbestos and mixtures

with a basis of asbestos and magnesium carbonate,

and articles of such mixtures.

68 14

ARTICLES OF STONB, OF PLASTER. OF CEMENT, OF

ASBESTOS, OF MICA AND OF SIMILAR MATERIALS;

CERAMIC PRODUCTS; GLASS AND GLASSWARE

CHAPTER 68

Friction materials (segments, discs, washer strips

sheets, plates, rolls and the like) of a kind suit-

able for brakes for clutches or the like with a

basis of asbestos, other mineral substances or of

cellulose, whether or not combined with textile

or other materials.

Articles of stone, plaster, of cement, of asbestos, of mica

and of similar materials

68-15

68-01

Worked mica and articles of mica, including

bonded mica splittings on a support of paper or

fabric (for example, micanite and mioa-folhum).

Road and paying sets, curbs and flagstone* of

natural stone (except slate).

68-16

68.02

Articles of stone or of other mineral substances

(Including articles of peat), not elsewhere speci-

fied or included-

Worked monumental or building stone, and arti-

cles thereof (including mosaic cubes) other than

goods falling within heading No. 58.01 or within

Chapter 69.

CHAPTER 69

68.03

Worked slate and articles of slate, including

articles of agglomerated slate.

Ceramic Products

68.04

I. Heat-Insulating and refractory goods

69-01

Millstones, grindstones, grinding wheels, and

the like (including grinding, sharpening, polish-

ing, tracing and cutting wheels, heads disc* and

points), of natural stone (agglomerated or not),

of agglomerated natural or artificial abrasives, or

of pottery, with or without cores, shanks sockets,

axles and the like of other materials, but without

framework; segments and other finished parts of

Heat-insulating bricks, blocks tiles and other Hear

insulating goods of siliceous fossil meals or of

similar siliceous earths, for example, kieselguhr

tripolite or diatomite).

XPFENDDT2—wntd. SCHEDULE l—eontd.

1

1

2

2

70-06

69 02 Refractory bricks, blocks tiles and similar re- fractory constructional goods, other than goods falling within heading No. 69-01.

Cast, rolled, drawn or blown glass (Including flashed or wired glass), in rectangles, surface ground or poised but not further worked.

70-07

69 03 Other refractory goods (for example, retorts crucibles, muffles, nozzle, plugs, supports, cupels, tubes pipes, sheaths and rods), other than goods falling within heading No. 69-01.

II. Other ceramic product).

Cast, rolled, drawn or blown glass (including flashed or wired glass) cut to shape other than rectangular shape, or bent or otherwise worked (for example, edge worked or engraved), whether or not surface ground or polished; multiple walled Insulating glass; leaded lights and the like.

70-08

69 04

Safety glass consisting of toughened or lami- nated glass, shape or not.

Building bricks (including flooring blocks sup- port or filter tiles and the like).

70 09

69-05

Glass mirrors (including rear view mirrors) , unframed, framed or backed.

Roofing tiles, chimney-pots, cowls, chlmney- liners, comics and other constructional goods, including architectural ornaments.

70 10

69-06 Piping, conduits and guttering (including angles binds and similar fittings).

Carbtoys, bottle, jars, posts, tubular containers and similar containers, of glass, of a kind com- monly used for the conveyance or packing of goods; stoppers and other closures, of glass,

69 07

70 11

Unglazed setts, flags and paving, hearth and wall tiles.

Glass envelopes, (including bulbs and tubes) for electric lamps, electronic valves or the like.

69 08

70-12

Glazed, setts, flags and paving, hearth and wall tiles.

Glass inners for vacuum flasks or for other vacuum vessels.

69-09

70 13 G'assware (other than articles falling in head- ing No. 70 -19) of a kind commonly used for table, kitchen, toilet or office purposes, for in- door decoration, or for similar uses.

Laboratory, chemical or industrial wares: (roughs, tubs and similar receptacles of a kind used in agriculture; pots, jars and similar articles of a kind commonly used for the conveyance or packing of goods.

70-14

69-10 Sinks, wash basins, bidets water closet pans, urinals, baths and like sanitary fixture.

Illuminating glassware, signalling glassware and optical elements of glass, not optically worked nor of optical glass.

69 11

70 15

Tableware and other articles of a kind com- monly used for domestic or toilet purposes of porcelain or cbiDa (including biscuit porce- lain and parian).

69-12

Clock and watch glasses and similar glasses (in- cluding glass of a kind used for sunglasses but excluding glass suitable for corrective lenses), curved, bent hollowed and the like: glass spheres and segments of spheres, of a kind used for the manufacture of clock and watch glasses and the like.

Tableware and other articles of a kind com- monly used for domestic or toilet purposes, of other kinds of pottery.

70-16

69-13 Statutles and other ornaments, and articles of personal adornment; articles of furniture.

Other articles.

69-14

Bricks, tiles, slabs, paving blocks, squares and other articles of pressed or moulded glass, of a kind commonly use in building; multi-cellular glass in blocks, slabs, plates, panes and similar forms.

70-17 Laboratory hygienic and pharmaceutical glass- ware, whether or not graduated or calibrated glass ampoules.

CHAPTER 70

70 18 Optical glass and elements of optical glass, other than optically worked elements; blanks for corrective spectacle lenses.

Glass and Glassware

70-19

70 01 Waste glass (cullet); glass in the mass (excluding optical glass).

70-02 Glass of the variety known as ''enamel" glass, in the mass, rods ana tubes.

70 03 Glass in balls rods and tube*, unworked (not being optical glass).

Glass beads, imitation pearls, imitation precious and semi-precious stones, fragments and chip- plngs and similar fancy or decorative glass smallwares, and articles of glassware made therefrom; glass cubes and small glass plates, whether or not on a backing, for mosaics and similar decorative purposes artificial eyes of glass, including those for toys but excluding those for wear by humans; ornaments and other fancy articles of lamp-worked glass; glass grains (ballotini).

70 04

70'20

Unworked cast or rolled glass (including, flash- ed or wired glass), whether figured or not, in rectangles.

Glass fibres (including wool), yarns, fabrics, and articles made therefrom.

70 05

Other articles of glass.

Unworked drawn or blown glass (including flashed glass), in rectangle.

70-21

APPENDIX 2-eoiua.

SCHEDULE l—contd.

1

1 2

2

SECTION XIV

CHAPTER 72

Coin

PEARLS, PRECIOUS AND SEMI-PREClOUS STONES,

PRECIOUS METALS ROLLED PRECIOUS METALS

AND ARTICLES THEREOF; IMITATION JEWELLERY

72-01

Coin.

COIN

SECTION XV

CHAPTER 71

BASE METALS AND ARTICLES OF BASE METALS

Pearls, precious and semiprecious stones, precious

metals, rolled precious metals and articles thereof;

CHAPTER 73

Imitations Jewellery

I. Pearls and precious and semi-precious stones

Iron and Steel and articles thereof

73 01

71 01

Pig iron, cost iron and spiegeleisen, in pigs,

blocks, lumps and similar forms.

Pearls, unworked or worked, but not mounted

set or strung (except ungraded pearls temporarily,

strung for convenience of transport).

73 02 Ferro-alloys.

71 02

73-03

Waste and scrap metal of iron or steel.

73 04

Precious and semi-Precious stones unworked,

cut or otherwise worked, but not mounted set

or strung (except ungraded stones temporarily

strung for convenience of transport).

Shot and angular grit, of Iron or steel, whether

or not graded; wire pellets of iron or steel.

71 03

73-05

Iron or steel powders; sponge iron or steel.

73-06

Paddled bars and pilings; ingots, blocks, lumps

and similar forms, of iron or steel.

Synthetic or reconstructed precious or semi-pre-

cious stones, unworked, cut or otherwise work-

ed, but not mounted, set or strung (except un-

graded stones temporarily strung for conveni-

ence of transport).

73-07

71 04

Blooms, billets, slobs and sheet bars (including

tlnplate bars), of iron or steel; pieces roughly

shaped by forging, of iron or steel.

Dust and powder of natural or synthetic preci-

ous or semi-precious stones.

Iron or steel coils for re-rolling.

73-08

Universal plates of iron or steel.

73 09

II. Precious metals and rolled precious metals, un-

wrought, unworked or semi-manufactured

73-10

71 05 Silver, including silver gat and platmlum-plated silver, unwrought or semi-manufactured.

Bars and rods (including wire rod), of iron

or steel, hot rolled, forged, extruded, cold-

formed or cold-finished (including precision-

made); hollow mining drill steel.

Rolled silver, unworked or semi-manufactured.

71 06

73 11

71 07 Gold, including platinum-plated gold, un- wrought or semi-manufactured.

71 08

Angles, shapes and sections, of Iron or steel,

hot rolled, forged, extruded, cold-formed or

cold finished; sheet piling of iron or steel,

whether or not drilled, punched or made from

assembled elements.

Rolled gold on base metal or silver, unworked

or semi-manufactured.

73 12

71 09

Hoop and strip, of Iron or steel, not rolled or

cold-rolled.

Platinum and other metals of the platinum

group unwrought or semi-manufactured.

73-13

71-10

Sheets and plates, of iron or steel, hot-rolled

or cold-rolled.

Rolled platinum or other platinum group metals,

on base metal or precious metal, unworked

or semi-manufactured.

73-14

Iron or steel wire, whether or not coated, but

not Insulated.

71 11

73-15

Goldsmiths', silversmiths' and jewellers' sweep-

ings, residues, lemels, and other waste and

scrap, or precious metal.

Alloy steel and high carbon steel in the forms

mentioned in heading Nos. 73 06 to 73 14.

73.16

HI. Jewellery, goldsmith and silversmiths' ware and

other articles

71 12 Articles of jewellery and ports thereof, of pre- cious metal or rolled precious metal.

Railway and tramway track construction mate-

rials of iron or steel the, following; rails, check-

rails, switch blades, crossings (or frogs) cross-

ing pieces, point rods, rack rails, sleepers, fish-

plates, chairs, chair wedges, sole plates (base

plates), rail clips, bedplates, ties and other

material specialised for joining or fixing rails.

71-13

Tubes and tpipes, of cast iron.

73.17

Articles of goldsmiths' or silversmiths' wares

and parts thereof, of precious metal or rolled

precious metal, other than goods falling within

heading No. 71 -12.

73-18

71-14

Tubes and pipes and blanks thereof, of iron

(other than of cast iron) or steel, excluding

high-pressure, hydro-electric conduits.

Other articles, of precious metal or rolled precious

metal.

73-19

71 '5

High-pressure hydro-electric conduits of steel,

whether or not reinforced.

Articles consisting of, or incorporating, pearls,

precious or semi-precious stones (natural,

synthetic or reconstructed).

Tube and pipe fittings (for example, joints,

73-20

bows, onions and flnges), of iron or steel.

Imitation Jewellery.

71-16

APPBNDtX 2—contd.

SCHEDULE I—contd.

1

2

I

2

73-21

73-39

Iron or steel wool] not scourers and scouring

and polishing pads, gloves and the llkt, of

iron or steel.

Other articles of iron or steel.

73-40

CHAPTER 74

Copper and article* thtrtof

73-22

74-01

Copper matte; unwrought copper (refined or

not)j copper waste and scrap.

74-02

74'03

73-23

Master alloys.

Wrought bars, rods, angles, "hapas and sections,

of copper | copper wire.

Wrought plates, sheets and strip of copper.

74 04

74 05

73-24

73-25

Copper foil (whether or not embossed, cut to

shape, perforated, coated, printed or backed

with paper or other reinforcing material), of a

thickness (excluding any backing) not exceed-

ing 0 13 nun.

Copper powders and flakes.

74-06

73-26

74 07

Tubes and pipes and blanks thereof, of copper |

hollow bars of copper.

74-08

Tube and pipe fittings (for example, Joints,

elbows, sockets and flanges), of copper.

73-27

74 09

73 -2*

Structures and parts of structures (for example

hangers, and other buildings, bridges and bridge

sections, lock gates, towers, lattice masts, roofs,

roofing frame works, door and window frames,

shutters, balustrades, pillars and column*), of

Iron or steel; plates, strip, rods, angles, shapes,

section, tubes and the like, prepared for use

In structures, of Iron or steel.

Reservoirs, tanks, vats and similar containers,

for any material (other than compressed or

lequeflod gas), of Iron, or steel, of a capacity

exceeding 3001. whether or not lined or heat-

Insulated, but not fitted with mechanical or

thermal equipment.

Casks, drums, cans, boxes and similar contai-

ners, of sheet or plate iron or steel, of a descrip-

tion commonly used for the conveyance or

packing of goods.

ContainoiD, of iron or steel, for compressed or

liquefied gas.

Stranded wire, cables, cordage, ropes, plaited

bands, slings and the like, of Iron or steel wire,

but excluding Insulated electric cables.

Barbed Iron r>t steel wire; twisted hood or single

flat wire, barbed or not i and loosely twisted

double wire, of kinds used for fencing, of iron

or steel.

Gauze, cloth, grill, netting, fencing reinforcing

fabrics and similar materials, of iron or steel wire.

Expanded metal, of iron or steel.

Cham and partsthcreof, of iron or steel.

73-29

73-30

Anchors and grapnels and Parts thereof, of Iron

or steel.

Reservoirs, tanks, vats and similar containers,

for any material (other than compressed or

liquefied gas), of copper, of a capacity exceed*

ing 300 \ whether or not lined or ne"t-in"a-

lated. but not fitted with mechanical or thermal

equipment.

73-31

74-10

Stranded wire, cables, cordage, ropes, plaited

bands and the like, of copper wire, but exclud-

ing insulated electrlo wires and cables.

74-11

Nails, tacks staples, hook-nails, corrugated n"Ht

spiked cramps, studs, spikes and drawing pins

of iron or steel j whether or not with heads of

other materials, but not including such articles

with heads of copper.

73-32

Oauge, oloth. grill, netting, foncing, reinforcing

fabric and similar materials (Including endless

bands), of copper wire.

Expanded metal, of copper.

74-12

Chain and part thereof, of copper

74 13

Bolts and nuts (Including bolt ends and sorew

studs), whether or not threaded or tapped, and

screws (Including screw hooks and screw rings),

of iron or steel; rivets, cotters, cotter-pins,

washers and spring vaghers, of iron or steel.

74-14

73-33

Nails, taoks, staples, hook-nails, spiked cramps,

studs, spikes and drawing pins, of copper, or

of iron or steel with heads of copper.

Needles for hand sewing (including embroi-

dery), hand carpet needles and hand knitting

needles, bodkins crochet hooks, and the like ana

embroidery stllletos, of iron or steel.

74-15

73-34

Pins (excluding hatpins and other ornamental

pins and drawing pins), hairpins and curling

grips, of iron or steel

Bolts and nuts (Including bolt ends and screw

studs), whether or not threaded or tapped, and

screws (including sorew hooks and screw rings),

of copper) rivets, cotters, cotter-pins, washers

and spring washers, of copper.

Springs and leaves for springs, of iron or steel,

73-33

74-16

73-36

74 17

Springs, of copper.

Cooking and heating apparatus of a kind used

for domestic purposes, not electrically operated,

and parts thereof, of copper.

74-18

Other articles of a kind commonly used for

domestic purposes, sanitary ware for indoor

use, and parts of suoh articles and ware, of

copper.

Stoves (including stoves with subsidiary boilers

for central heating), ranges, cookers, grates

fires and other space heaters, gas-rings, ptate

warmers with burners, wash boilers with grates

or other heating elements, and similar equip-

ment, of a kind vised for domestlo Purposes, not

electrically operated, and parts thereof, of Iron

or steel.

Other articles of copper.

73-37

74-19

CHAPTER 73

Nicktl and articles thereof

Boilers excluding boilers of heading No. 84 -01

and radiators, for central heating, not electri-

cally heated, and parts thereof, of iron or steel)

air heaters and not air distributors (Including

those whloh can also distribute oool or condi-

tioned air), not electrically heated, Incorporat-

ing a motor-driven fan or blower, and parts

thereof, of iron or steel.

75-01

73 M

Nickel mattes, nickel sPiess and other Inter-

mediate products of nickel metallurgy I un-

wrouget nickel (exoludlng electro-plating

anodes) i nickel waste and scrap.

Articles of a kind commonly used for domestlo

purposes, sanitary ware for Indoor use, and

parts of such articles and of ware, iron or steel-

53—2 Commerce/83

APPENDIX 2- oonid

SCHEDULE I-comd

1

1

1

1

73-02

CHAPTER 77

Wrought bars, rods, angles, shapes and sections, Of nickel; nickel wire.

Magnesium and beryllium and articles thereof

75-03 Wrought plares, sheets and strips, of nickelj nickel foil; nickel powders and flakes.

77 01 Unwrought magnesium; magnesium waste (ex- cluding shavings of uniform size) and scrap.

75 04

77 02

Tubes and pipes and blanks thereof, of nickel; hollow bars, and tube and pipe fittings (for example, joints, elbows, sockets and flanges), of nickel.

75-05 Electro-plating anodes, of nickel, wrought or unwrought,including those produced by electro- lysis.

Wrought bars, rods, angles, shapes and sections of magnesium; magnesium wire; wrought plates sheets and strip, of magnesium; magnesium foil; raspings and shavings of uniform size powders and flakes, of magnesium; tubes and pipes and blanks thereof, of magnesium, hollow ban of magnesium.

Other articles of nickel.

75-06

Other articles of magnesium.

77 03

CHAFrER 76

77-04 Beryllium, unwrought or wrought, and articles there of.

Aluminium and articles thereof

CHAPTER 78

76 01

Unwiought aluminium; aluminium waste and scrap.

Lead and articles thereof

76 02

78-01

Wrought bari, rod-,, angles, shapes and sections, of aluminium; aluminium wire.

Unwrought lead (including argentiferous lead); lead waste and scrap.

Wrought plates, sheets and strip, of aluminium.

76 03

78-02 Wrought bars, rods, angles, shapes and sectlonJ of lead; lead wire.

76 04

Wrought plates, sheets and stip, of lead.

78 03

78-04

Aluminium foil (whether or not embossed, cut- to shape, perforated, coaled, printed, or backed with paper or other reinforcing materials), of a thickness (excluding any hacking) noi exceed- ing 0 -20 mm

Aluminium powders and flakes.

76 05

Lead foil (whether or not embossed, cut to shape, perforated, coated, printed, or backed with paper or other reinforcing material), of a weight (excluding any backing) not exceeding 1,700 g/m*; lead powders and flakes.

76.06 Tubes and pipes and blanks thereof, of alumi- nium; hollow bars of aluminium

78-05

76-07 Tube and pipe fittings (for example, joinis, elbows, sockets and flanges), of aluminium.

Tubes and pipes and blanks thereof, of lead) hollow bars, and tube and pipe fitting! (for example, joints, elbows, sockets, flanges end S-bends) of lead.

7608

Other articles of lead.

78-06

CHAPTER 79

Zinc and articles thtrtof

Structures and parts of structures (for example hangars and other buildings, bridges and bridge- sections, towers, latice masts, roofs, roofing frameworks, dnor and window frames, balust- rades, pillars and columns) of aliunlniumj plaies, rods, angles, shapes, 'eciions, lubes and the like, prepared for use in structure, of alu- minium

Unwrought zinc; zinc waste and scrap.

79-01

76 09

79 02 Wrought bars, rods, angles, shapes and sections, of zinc; zinc wire

79 03 Wrought plates; sheets and strip, of zinc; zinc foil; zinc powders and flakes.

Reservoirs, tanks, vats and similar con ainers for any maierial (other than compressed or liquefied gas), nf aluminium of a capacity ex- ceeding 300 1, whether or not lined or heat- insulated, but not filled with mechanical or thermal equipment.

79-04

76.10

Tubes and pipes and blanks thereof, of zino) hollow ban. and tube and pipe Gttlngs (for example, joints, elbows, sockets and flanges of zinc

79-05

Casks, drums, cans, boxes, and similar con- tainers (including rigid and collapsible tubular containers), of aluminium, of B description commonly used for the conveyance or packing of goods

Gutters, roof capping, skylight frames, and other fabricated building components, of zinc.

76 11

Other articles of zinc.

79 06

Containers of aluminium, for compressed or liquefied gas.

CHAPTER 80

76-12

Tin and articles thereof

Stranded wire, cables, cordage, ropes, plaited bands and the like, of aluminium wire, but ex- cluding insulated electric wires and cables.

76 13

Unwrought tin; tin w"?te and scrap.

80-01

Gauze, cloth, grill, netting, reinforcing fabrlo and similar materials of aluminium wire.

80-02

Expanded metal, of aluminium

76-14

Wrought bars, rods, angles, stupes and sections of tin; tin wire

76-15

Wroughi plates, sheets and strip, of tin.

80 03

30-04 Tin foil (whether or not embossed, cut to shape, perforated, coated, prlqted or backed 7$-16

Articles of a kind commonly used for domestic purposes sanitary ware for indoor use and parts of luch articles and ware, of aluminium. Other articles of aluminium

APPENDIX 2—coma

SCHEDULE 1—contd.

2

¹

²

1

82-13

APPENDIX %—cotaa.

SCHEDULE l—contd.

1

2

1

2

SECTION XVI

84-19

ES, PARTS THEREOF. ELECTKJCAL EQUIP-

BOILB1 A NC

MENT; PARTS THEREOF

Machinery for cleaning or drying bottles or

other containers; machinery for filling, closing,

sealing, capsuling or labelling bottles, cans,

boxes, bags or other containers; other packing

or wrapping machi-ery; machinery for aerating '

beverages, dish washing machines.

CHAPTER 84

84-20

Boihrs, Machinery and Mechanical Appliances;

Parts thereoj

Welshing machinery ( e l u d i ng balances of a

sensitivity of 5 eg. or better), including weight-

oPerated counting and checking machinesj

weighing machine weights of all kinds.

84-01

84-21

Steam and other vapour generating boilers (ex-

cluding central heating hot water boilers cap-

able also of producing low pressure steam);

super-healed water boiler,;.

84 02

Mechanical appliances (whether or not hand

operated) for projecting, dispersing or spraying

liquids or powders; flre extinguishers (charged

or not); spray guns and similar appliances;

steam or sand blasting machines and similar

J"t projecting machines.

84-22

Auxiliary plant for use with boilers of beading

No. 84-01 (for example, economises, super-

heaters, soot removers, gas recoverers and the

like; condensers for vapour engines and power

units.

84 03

Lifting, handling, loading or unloading machi-

nery, telphers and conveyors (for example, lifts,

hoists, winches, cranes, transporter cranes, jacks,

pulley tackle, belt conveyors and teleferics), not

being machinery falling within heading No.

84-23.

Producer gas and water gas generators, with

or without purifiers; acetylene gas generators

(water process) and similar gas generators, with

or without purifiers.

84-23

84 04

Steam engines (Including mobllo engines, but

not steam tractors falling withi heading No.

87 01 or mechanically propelled road rollers)

with self-contained boilers.

84 OS

Excavating, levelling, tamping, boring and ex-

tracting machinery, stationary or mobile, for

earth, minerals or ores for example, mechani-

cal shovels, coal-cutters, excavators, scrapers,

levellers and buldozers; pile-drivers; snow-

ploughs not self-propelled (Including snow-

plough attachments).

84-24

84-06

84 0?

Agricultural and horticultural machinry for

soil preparation or cultivation (for example,

ploughs, harrows, cultivators, seed and ferti-

liser distributors); lawn and sports ground

rollers.

84-25

84-03

84-09

84-10

Steam and other vapour power units not in-

corporating boilers.

Internal combustion piston engines.

Hydraulio engines and motors (including water

wheels and water turbines).

Othecr engines and motors.

Mechanically propelled road rollers.

Pumps (including motor pumps and turbo-

pumps) for liquids, whether or not fitted with

measuring devices; liquid elevators of bucket,

chain, screw, band and similar kinds.

84-11

Harvesting and threshing machinery; straw and

fodder presses; hay or grass mowers; winnowing

and similar cleaning machines for seed, grain

or leguminous vegetables and egg-grading and

other grading machines for agricultural produce

(other than those of a kind used in the bread

grain milling Industry falling within heading

No. 84-29).

Air pumps vacuum pumps and air or gas com-

pressors (including motor and turbo pumps

and compressors and free-piston, generators

for gas turbines) fans blowers, and the like.

Dairy machinery (Including milking machines).

84 26

84-12

84-27

Au conditioning machines, self-contained, com-

prising a motor-driven fan and elements for chang-

ing the temperature and humidity of air.

Presses, crushers and other machinery of a

kind used in wine-making, cider-making, fruit-

juice preparation or the like.

84-13

84-28

Furnace burners for liquid fuel (atomisers), for

pulverised solid fuel, or for gas; mechanical

stokers, mechanical grates, mechanical asb

dischargers and similar appliances.

Other agricultural, horticultural, poultry keep-

ing and bee-keeping machinery: germination

plant fitted with mechanical or thermal equip-

ment; poultry incubators and brooders.

84-14

84-29

Industrial and laboratory furnaces and ovens, non-electric.

84 15

Refrigerators and refrigerating equipment (elec*

trica) and other).

Machinery of a kind used in the bread grain

milling industry, and other machinery (other

than farm type machinery) for the working of

cereals or dried leguminous vegetables.

84-16

84-30

alenderlng and similar rolling machines (other

than metal-working and metal-rolling machines

and glass-working machines) and cylinders

thereof.

84-17

Machinery, not falling within any other heading

of this Chapter, of a kind used in the following

food or drink industries; bakery confectionery,

chocolate manufacture, macaroni, ravioli or

similar cereal food manufacture, the preparation

of meat, fish, fruit or vegetables (Including

mincing, or slicing machines), sugar manufac-

ture or brewing.

84-31

Machinery for making or finishing celluloslc pulp,

paper or paper-board.

84-32

Book-binding machinery, including book-sewing

machines.

Machinery, plant and similar laboratory equip-

ment, whether or not electrically heated, for

the treatment of materials by a process involv-

ing a change of temporature such as heating,

cooking, roasting, distilling, rectifying, sterilis-

ing, pasteurising steaming, drying evaporating,

vapourising, condensing or cooling, not being

machinery or plant of a kind used for domestlo

purposes; instantaneous or storage water beaters,

non-electrical.

84-33

04 13

Paper or paperboard cutting machines of all

kinds; other machinery for making up paper

pulp, paper or paperboard.

Centrifuges; filtering and purifying machinery

and apparatus (other than filter funnels, milk

itrainon and the like), for liquids or gases.

APPBNDDt 2-contd.

SCHEDULE 1-ooatd.

2

2

1

1

84-34

84-48

Accessories and parts suitable for use solely oi

principally with the machines falling within

heading Nos. 84-45 to 84-47, Including work

and tool holders, self-opening dlcheads, divid-

ing heads and other appliances for machine-

tool holders for any type of tool or machine-

tool for working in the hand.

84.49

Tools for working in the hand, pneumatic

with self-contained non-electric motor.

Machinery, apparatus and accessories for typo-

fOundlng or type-setting; machinery, other than

the machine-tools of heading No. 84-45, 84-46,

84 -47, for preparing or working printing

blocks, plates or cylinders; printing type, im-

pressed riongs and matrices printing blocks,

plates and cylinders; blocks, plate , cylinders

and lithographic stones, prepared for printing

purposes (for example, planed, grained or

polished).

84-50

84-35

Gas-operated welding, brazing, cutting and sur-

face tempering appliances.

Other printing machinery; machines for use

ancillary to printing

84.51

84-36

Typewriters, other than typewriters incorporat-

ing calculating mechanisms, cheque-writing

machines.

84-52

Machines for extruding man-made textiles

machine] of a klni used for processing natural

or man-made textile fibres; textile spinning and

twisting machines- textile doubling, throwing

and reeling (including weft-winding) machines.

84-37

Calculating machines; accounting machines,

cash registers, postage-franking machines, ticket-

issuing machines and similar machines, incor-

porating a calculating device.

84-53

Weaving machines, knitting machines and

machines for making gimped yarn, tulle, lace

embroidery, trimmings, braid or net; machines

for preparing yarns for use on such machines,

Including warping and warp sizing machines.

84-38

Automatic data processing machines and units

thereof; magnetic or optical readers, machines

for transcribing data into data media In coded

form and machines for processing such data,

not elsewhere specified or Included.

84 54

Other office machines (for example, hectograph

or stencil duplicating machines, addressing

machines, coin-sorting machines, coin-counting

and wrapping machines, pencil-sharpening

machines, perforating and stapling machines).

84-55

Auxiliary machinery for use with machines of

heading No. 84 37 (for example, dobbies. Jac-

guards, automatic stop motions and shuttle

changing mechanisms); parts and accessories

suitable Tor use solely or principally with the

machines of the present heading or with falling

within heading No. 84-36 or 84-37 (for

example, spindles and spindle flyers, card clothing,

bombs, extruding nipples, shuttles, heads and

heald-lifters and hosiery needles).

B4-39

Parts and accessories (other than coven, carry-

ing cases and the like) suitable for use solely

or principally with machines of a kind falling

within heading No. 84 51, 84 -52, 84 -53 or 84 -54.

Machinery for the manufacture or finishing of

felt In the piece or In shapes, including felt-hat

making machines and hat-making blocks.

84-56

M-40

Machinery for sorting, screening, separating

washing, crushing, grinding or mixing eartn

stone, ores or other mineral substances, in solid

(including powder and paste) form, machinery

for agglomerating, moulding or shaping solid

mineral fuels, ceramic paste, unhardened

cements, plastering materials or other mineral

products in powder or paste form; machine*

for forming foundry moulds of sand.

84-57

Glass-working machines (other than machines

for working glass in the cold); machines for

assembling electric filament and discharge lamp

and electronic and similar tubes and valves.

Machinery for washing, cleaning, drying, bleach-

ing, dyeing, dressing, finishing or coating

textile yarns, fabrics or made-up textiles articles

(including laundry and dry-cleaning machinery);

fabric folding, reeling or cutting machines;

machines of a kind used in the manufacture of

linoleum or other floor coverings for applying

the paste to the base fabric or other floor

coverings: machines of a type used for printing

a repetitive design, repetitive words or over-

all colour on textiles, leather, wallpap^., wrap-

ping paper, linoleum or other materials, and

engraved or etcbed plates, blocks, or rollers

therefor.

84-58

84-41

Sewing machines, furniture specially designed

for sewing machines; sewing machine needles.

Automatic vending machines (for example,

stamp, cigarette, chocolate and food machines),

not being games of skill or chance.

84-42

84 59

Machinery (other iben tewing machines) for

preparing, tanning, or working hides, skins or

leather (including boot and shoe machinery).

Machines and mechanical appliances, having

Individual functions, not falling within any other

heading of this chapter.

84 43

84-60

Converters, ladles, ingot moulds and casting

machines, of a kind used in metallurgy and in

metal foundries.

84-44

Rolling mills and rolls therefor.

84 45

Moulding boxes for metal foundry; moulds of

a type used for metal (other than ingot moulds),

for metal carbides, for glass, for mineral mate-

rials (for example, ceramic pastes, concrete

or cement) or for rubber or artificial plastic

materials.

Machine-tools for working metal or metal car-

bides, not being machines falling within head-

ing No. 84 49 or 84-50.

84.61

84 4*

Taps, cocks, valves and similar appliances, for

pipes boiler shells, tanks, vats and the like, In-

chiding pressure reducing valves and thermo-

statically controlled valves.

84-62

Ball, rolkr or needle roller bearings.

Machine-tools for working stone, oervntca, COD-

ctcte, asbestos-cement and like mineral mate-

rials or for working glass In the cold, other

than machines falling within heading No.

84 -49 or 84 -50.

84-63

84-47

Machine-tools for working wood, cork, bone

ebonite (vulcanite) hard artificial plastic mate-

rials or other hard carrying materials other than

machines falling within heading No. 84-49.

Transmission shafts, cranks, bearing housings

plain shaft bearings, gears and gearing (Includ-

ing friction l e an and gear-boxes and othor

variable speed gears), flywheels, pulleys and

pulley blocks, clutches and shaft couplings

APPENDIX 2—contd,

SCHEDULE I—oontd.

2

1

2

1

84-64

85-14 Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers.

85 15

Gaskets and similar joints of metal sheeting combined with other material (for example, asbestors, felt and ppperboard) or of laminated metal foil; sets or assortments of gaskets and similar joints, dissimilar In composition, for en- gines, pipes, tubes, and the like, put up ID pouches, envelopes or similar packings.

84-65

Radlotelegraphic and radiotelephonlc transmis- sion and reception appara tus, radio-broadcasting and television transmission and reception appa- ratus (Including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control appa- ratus.

Machinery parts, not containing electrical con- nectors, insulators, coils, contacts or other electrical features and not falling within any other heading ID thii Chapter.

85 16

CHAPTER 85

Electric traffic control equipment for railways, roads or Inland water-ways and equipment used for similar purposes In port installations or upon airfields.

Electrical machinery and equipment i parts thereof

85 17

83-01

Electric sound or visual signalling apparatus (such as bells, sirens, indicator panels, burglar and fire alarms) other than those of beading No. 85-09 or 85 16

Electrical goods of the following descriptions; generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors.

Electrical capacitors, fixed or variable

85 18

85 02

85 19

Electro-magnets, permanent magnets and articles of special materials for permanent magnets, be- ing blanks of such magnets; electro-magnetic, and permanent magnet chucks, clamps, vices and similar work holders; electro-magnetic clutchos and couplings; electco-magnetic brakes; electro- magnetic lifting heads.

Primary oeils and primary battened.

85-03

Electrical apparatus for making and breaking electrical circuits, for the protection of electri- cal circuit¹:, or for making connections to or irj electrical circuits (for example, switches, relays, fuses, lighting arresters, surge suppressors, plugs, lampholdcra and junction boxes); resis- tors, fixed or variable (Including potentiometers); other than heating (eslstors; printed circuits switch boards (other than telephone switch- boards) and control pauels.

Electric accumulators.

85-04

85-20

85.05 Tools for working In ihc band, with self-con- tained electric motor.

Electrical filament lamps and elcctnc dlicturge lamps (including infra-red and ulira-violst lamps); arc-lamps; electrically ignited photo- graphic fiaib bulbs.

85-06 Electro-mechanical domestic appliances, with self-contained electric motor.

85-21

85.07 S lavers and bair clippers with self-contained electric motor.

85-08

Thermionic, cold cathode and photo-cathode valves and tubes (including vapour or gas filled valves and tubes, cathode-ray tubes, television camera tubes and mercury arc rectifying valve and lubes); photocells; mounted piezoelectric crystals; diodes, transistors and similar semi- conductors devices; electronic mlcroclrcults.

85-22

Electilcal starting and ignition equipment for internal combustion engines (including Ignition magnetos, magneto-dynamos ignition coils; starter motors, sparking plugs and glow plugs); generators (dynamos and alternators) and cut outs for use in conjunction with such engines.

Electrical appliances and apparatus, having indi- vidual functions, not falling within and other heading of this Chuplei.

83-09

85 23

Electrical lighting and signalling equipment and electrical windscreen wipers, defrosters and demisters, for cycles or motor vehicles.

Insulate (including enamelled or anodised) electric wire, cable, bars, strips and the like (including co-aual cable), whether or not fitted with connectors.

83-10

85-24

Portable electric battery and magneto lamps other than lamps failing within heading No. 85 09.

Carbon brushes, arc-lamp carbons, battery car- bons, carbon electrodes Bad other carbon arti- cles or a kind used for electrical purposes 85-11

Insulators of any material

83-25

Industrial and laboratory electric furnaces, ovens and induction and dielectric heating equipment; electric welding, brazing and sol- dering machines and apparatus and similar electric machines and apparatus for cutting.

85-26

85-12

Insulating fittings for electrical machines, appli- ances or equipment, being fittings wholly of insulating material apart from any minor com- ponents of metal incorporated during moulding solely for purposes of assembly, but not includ- ing insulators falling within heading No. 85 -25.

85-27 Electrical conduit tubing and joints therefore of base metal lined with insulating material.

Electric instantaneous or storage water heaters and immersion beaters; electric soil heating ap- paratus and electric space heating apparatus; electric hair dressing appliances (fox example hair dryers, hair curlers, curling tong heaters) and electric smoothing Irons: electro-thermic domestic appliances; electric beating resiiton, other than those of carbon.

85-28

83 13

Electrical parts of machinery and apparatus, not being goods falling within any of the pre- ceding headings of this Chapter.

Electric line telephonic and telegraphic appa- ratus (including such apparatus for carrier current line systems).

APPENDIX 2- conld

SCHEDULB l—contd.

¹

2

2

SECTION XVII

Railway and Tramway Locomotives rolling-stock and parti

thereof- Railway and Tramway track fixture1: and fittings;

traffic signalling equipment of all kinds (not electrically

powered)

Vehicles, other than railway or tramway rolling-stock, and parts

thereof

Ships, boats and floating structures

SECTION XVIH

1

2

ances and machines, not falling within any

other heading of this Chapter (for example

micrometers, callipers, gauges, measuring rods,

balancing machines); profile projectors.

90 17

OPTICAL PHOTOGRAPHIC, CINEMATOGRAPHIC,

MEASURING. CHECKING. PRECISION, MEDICAL AND

SURGICAL INSTRUMENTS AND APPARATUS; CLOCKS

AND WATCHES: MUSICAL INSTRUMENTS. SOUND

RECORDERS AND REPRODUCERS TELEVISION

IMAGE AND SOUND RECORDERS AND REPRODU-

CERS. MAGNETIC. PARTS THEREOF.

Medical, dental, surgical and veterinary instru-

ments and appliances (including electro-medi-

cal apparatus and ophthalmic instruments).

CHAPTER 90

9018

Optical, photographic, cinematographic, measuring, checking,

precision, medical and surgical instruments and apparatus ;

parts thereof.

Meccano-therapy appliances; massage appara-

tus: psychological aptitude-testing apparatus]

artificial respiration, ozone therapy, oxygen

therapy, aerosol therapy or similar apparatus:

breathing appliances (including gas masks and

similar respirators).

1

2

90 19

90 01

90 02

Orthopaedio appliances, surgical belts, trussM

and the like: splints and other fracture appli-

ances: artificial limbs; eyes, teeth and other

artificial parts of the body; hearing aids and

other appliances which are worn or carried or

Implanted In the body, to compensate for a

defect or disability.

Lenses, prisms, mirrors and other optical e lf

ments, of any material, unmounted, other than

such elements of glass not optically worked;

sheets or plates, of polarising mated*].

Lenses, prisms, mirrors and other optical ele-

ments, of any metrial, mounted, being parts

90-20

of or fittings for Instruments or apparatus, other

than such elements of glass not optically work-

ed.

90 03

Apparatus based on the use of X-rays or of the

radiations from radio-active substances (includ-

ing radiography and radiotherapy apparatus)]

X-ray generators; X-ray tubes; X-ray screens;

X-ray high tension generators: X-ray control

panels and desks : X-ray examination or treat-

ment tables, chain and the like.

Frames and mountings, and puts thereof, for

spectacle!, pince-nez, lorgnettes, goggles and

the like.

90-21

90-04

Spectaoles, pince-nez, lorgnettes, goggles and

the like, corrective, protective or other.

00-03

Instruments, apparatus or models, designed sole

ly for demonstratlonal purposes (for example

In education or exhibition), unsuitable fo

other uses.

Refracting telescopes (monocular and binocu-

lar) prismatic or not.

90-22

90-06

Astronomical Instruments (for example, reflect-

ing telescopes, transit Instruments and equator-

ial telescopes), and mountings, therefor, but

not Including instruments for radio-astronomy.

Machines and appliances for testing meobani

cally the hardness, strength, compressibility

elasticity and the like properties of industria

materials (for example metals, wood, textiles

paper or plastics).

90-07

90 23

Photographic cameras; photographic flashlight

apparatus.

90-08

Hydrometers and similar instruments, thermo-

meters, pyrometers, barometers, hygrometers,

psychrometers, recording or not; any combina-

tion of those Instruments.

Cinematographic cameras, projectors, sound

recorders and sound reproducers; any combina-

tion of those strtides.

90-24

90 09 Image projectors (other than cinematographic projectors): photographic (except cinemato- graphic) enlargers and reducers.

90-10

Instruments and apparatus for measuring

checking or automatically controlling the flow

depth, pressure or other variables of liquids of

gases, or for automatically controlling tempera-

ture (for example, pressure gauges, thermo-

stats, level gauge, flow meters, heat meters auto-

matlo oven- draught regulators), not being articles

falling within heading No. 90 14.

90-23

Apparatus and equipment of a kind used In

photographic or cinematographic laboratories,

not falling within any other heading in this

Chapter; photocopying apparatus (whether in-

corporating an optical system or of the contact

type) and thermo-copyLng apparatus; screens

for projectors.

9011

Microscopes and diffraction apparatus, electron

and proton.

90 12 Compound optical microscopes, whether or not provided with moans for photographic or pro- jecting the image.

90 13

Instruments and apparatus for physical "r

chemical analysis (such as polarimeters, rafrao-

tometcrs, spectrometers, gas analysis apparatus)!

instruments and apparatus for measuring or

checking viscosity porosity, expansion, surface

tension or the like (such as vfajcometers, porosi-

meters, expansion meters); Instruments and

apparatus for measuring or checking quantities:

of heat, light or sound such as photometers

(Including exposure meters), calorimeters i

microtomes.

90-26

Optical appliances and Instruments (but not

including lighting appliances other than search-

lights or spotlights), not falling within any other

heading of this Chapter.

Gas, liquid and electricity supply or production

meters, calibrating meters therefor.

90 14

90-27

Surveying (including photogrammetrical sur-

veying), hydrographic, navigational meteorologi-

cal, hydrological and geophysical Instruments;

compasses range-flodors.

90-13

Balances of a sensitivity of 5 eg or better, with

or without their weights.

Revolution counters, production counters, taxi-

meters, miloomcters, pedometers and the like,

speed indicators (including magnetic speed

indicators ) and tachometers (other than articles

falling within heading No. 90 14); stroke-

scopes.

9 0 16

90-28

Electrical measuring, cheeking, analysing or

automatically controlling instruments and

apparatus

Drawing, marking out and mathematical calcu-

lating instruments, drafting machines panto-

graphs, side rules, disc calculators and the like;

measuring or checking Instruments, appli-

APl'ENDIX 2—contd.

SCHEDULE l—conld.

1

1

2

2

90-29

92-09 Musical instrument strings.

92-10

Parti or accessories suitable for use solely or principally with one or more of the articles falling within heading No. 90-23, 90-24, 90-26, 90-27 or 90-28.

Parts and accessories of musical instruments (other than strings), Including perforated music rolls and mechanisms for musical boxes; metro- nomes, tuning forks and pitch pipes

CHAPTER 91

92-11

Clocks and watches and parts thereof

91 01

Gramophones, dictating machines and other sound records and reproducers, including re- cord-players and tape decks, with or wthoul sound-heads; television image and sound recor- ders and reproducers, magnetic.

Pocket-watches, wrist-watches and other watches, including stop-watches

92 12

91 02 Docks with watch movements (excluding clocks of heading No. 91 03).

91 03

Gramophone records and other sound or simi- lar recordings; matrices for the production of records, prepared record blanks, film for mecha- nical sound recording, prepared tapes, wires, strips and like articles of a kind commonly used for sound or similar recording.

Instrument panel clock and clocks of a similar type, for vehicles, aircraft or vessels.

92-13

91 04 Other clocks.

Other parts and accessories of apparatus falling within heading No. 92-11.

91 05

SECTION XIX

AND AMMUNITIONS; PARTS THEREOF

ARMS

Time of day recording apparatus; apparatus with clock or watch movement (including secondary movement) or with synchronous motor, for measuring recording or otherwise indicating intervals ef time.

CHAPTER 93

91 06

Arms and ammunitions; parts thereof

Time switches with clock or watch movement (Including secondary movement) or with syn- chronous motor.

93-01

91 07 Watch movements (including stop-watch move- ments), assembled.

Side-arms (for example, swords, cutlasses and bayonets) and parts thereof and scabbards and sheaths therefor.

91 08 Clock movements, assembled.

93 02 Revolvers and pistols, being firearms.

91-09 Watch cases and parts of watoh oases.

93-03

91 10 Clock cases and eases of a simlar type for other goods of this Chapter, and parts thereof.

Artillery weapons maebine-guns, sub-machlne- mins and other military firearms and projections (other than revolvers and pistols).

Other dock and watch parts.

91 11

93-04 Other firearms, including very light pistols, pistols and revolvers for firing blank ammuni- tion only, Hnethrowing guns and the like.

CHAPTER 92

93-05 Arms of oihor iascriptljns, Including air, spring and similar pistols, rifles and guns.

Muskal i

vision a

Instruments; sound recorders and reproducers; tele-

rage and satmd recorder! and reproducers, magnetics

93-06

parts and accessories nf such articles.

Parts of arms Including gun ha ire) blanks, buf not including parts of side-arms.

93-07

92 01 Pianos (including automatic pianos, whether or not with keyboards), harpsichords and other keyboard strirtged instruments] harps but not Including acollan haprs.

Bombs, grenades, torpedoes, mines, guided weapons and missiles and s'miiar .-lmriunitioDa of war, and parts thereof; ammunition and parts thereof, Including cartrldpe wads; lead shot prepared for wamuuiiniu

92-02 Other string musical Instruments

SECTION XX

•2-03 Pipe and read organs. Including harmonium and the like.

MTSCI 1LLANEOUS MANUFACTURED ARTICLES

92 04 Accordions concertinas and dmflar musical in

CHAPTER 94

Other wind musical Instruments

92-03

Furniture

and parts thereof; bedding mattresses, mattress

>ports, cushions and similar stuffed furnishings

W

92 06 Percussion musical instruments (for example, drums, xylophones, cymbals, castanets).

94-01

92-07

Chairs anJ other sens (other than tbo-.tf fall- ing within heading N'i. 94 -02), whether or oot convertible into beds, and parts thereof.

Electro-magnetic, electrostatic, electronic and similar musical Instruments (for example, pia- nos, organs, accordions).

94-02

92-08

Medical, dental, surgical or veterinary furni- ture for example, operating tables, hospital hods with mechanical fittings); dentists' and similar chairs with mechanical elevating, rotat- ing or reclining movements; parts of the fore- going articles.

Musical Instruments not falling within anj other heading of this chapter (for example fairground organs, mechanical street organs, musical boxes, muiloal saws); mechanical sing- ing birds [decoy calls and effects of all kinds; mouth—blown, sound signalling instruments (for •wnple, whistles and bootswains' pipes).

94 03 Other furniture and parts thereof.

54—2 Commerce/83

APPENDIX Z—ronid

SCHEDULE \—contd

¹

2

2

Dolls.

Other toys; working models of a kind used for recreational purposes.

Mattress supports: articles of bedding or simi- lar furnishing fitted with spring* or stuffed or Internally fitted with any material or of expand- ed, foam or sponage rubber or expanded, form or not covered (for example, mattresses, quilts (iderdowns, cushions, pouffes and pillows).

Equipment for parlour, table and funfair games for adults or children (including billiard tables and pintables and table-tennis requisites).

Carnival articles; entertainment articles (for example, conjuring tricks and novelty jokes); Christmas trees, decorations and similar arti- cles for Christmas trees. Christmas stockings, immitation yule logs, Nativity scenes and figures therefor)

Worked Ivory and articles of ivory

Appliances, apparatus, accessories and requisites for gymnastics or athletics, or for sports and outdoor games (other than articles falling with- in heading No. 97 04).

Worked bone (excluding whalebone) and arH- CIM of bone (excluding whalebone).

Fish-hooks, line fishing rods and tackel; fish landing nets and butterfly nets decoy "hire's", lark mirrors and similar hunting or shorn, g requisite*.

95-05

Roundabouts, swings, shooting galer^ and other fairground amusements ; travelling circuses, tra- velling manageries nd travelling thejlie.

95-06

Worked vegetable carving material (for exam- ple, corozo) and articles of vegetable carving material.

Worked jet (and miner 1 substitutes for jet), amber, meerschaum, agglomerated amber and agglomerated meerschaum, and articles of those substances.

Buttons and button moulds, studs, cuff-links, and press-fasteners, including snap-fasteners and prets-fltudsi blanks and parts of such article*.

Slide fastener,', and part¹* thereof

CHAPTER 96

Pencils (otber than pencils of heading No. 9ft 01), pencil leads, slate pencils, crayom and pastels, drawing charcoals and writing and drawing chalks, tailors and billiards chalks.

Brooms and brushes, consisting of twigs oi other vegetable materials merely bound together and not mounted In a heed (Tor example, hesums and whisks), with or without handled.

Slates and boards, with writlng^or drawing sur- face^ whether frames or not.

98-07

Typewriter and similar ribbons, whether or not in spooh; Ink-pads, with or without boxes.

98 -H

97 01

APPENDIX 2—confd.

SCHEDULE 1—contd.

2

1

1

2

98-12 98 13

ing within heading No. 49 -06 and other than hand-painted or hand-decorated manufactured articles).

__^8 -14

Original engravings, prints and lithographs.

99-02

99-03

98 15

Original sculptures aud statuary in any mate- rial.

99 04

98-16

Combs, hair slides and the like. Corset husks and similar supports for articles of apparel or clothing accessories. Scent and similar sprays of all kind used for toilet purposes, and mouths and heads there- for. Vacuum flasks and other vacuum vessels, com- plete with cases; parts therof, other than glass inners. Tailor's dummies and other lay figures: autob- mata and other animated displays of a kind used for shop window dressing.

Postage, revenue and similar stamps (including stamp-postmarks and franked envelopes, letter- cards and the like), used or if unuse not of current or new issue in the country to which they are destined.

SECTION XXI

RKS OF ART, COLLECTORS' PIECES, AND

WO

99 03

ANTIQUES

CHAPTER 99

Collections and collectors' pieces of zoological botanical, mincralogical, anatomical, historical, archaeological, paieontological, ethonograpbio or numismatic interest.

Works of Art, Collectors' pieces, and antiques

99 01

99 06

Paintings, drawings and pastels, executed entirety by hand, (other than industrial drawings, fall-

Antiques of an age exceeding one hundred years.

APPENDIX 2—eontd

SCHEDULE n

(See clause 3)

OFFICERS COMPETENT TO GRANT IMPORT LICENCES

1

3

2

1

2

3

10.

For "nv good*

1. The Chief Controller of Imports and Ex- '. ports.

For any goods covered by Schedule

covered by Schedule I.

Do.

2. Additional Chief Controller of Imports & Exports.

3.

Do.

Export Commissioner

Deputy Development Commissioner (Im- ports & Exports), Santa Cruz, Bombay in so far as the Santa Cruz Electronics Export Processing Zone and the suppliers of goods from Domestic Tariff Area (DTA) for claiming of Import replenishment licence under the import policy for rogist ered ex- porters against such supplies are concen- cd).

4.

Do.

11.

A Joint Chief Controller of Imports and Exports,

5.

Do.

A Deputy Chief Controller of Imports and Exports.

6. A Asstt. Chief Controller of Imports & • Exports.

7

Do.

A Controller of Imports and Exports.

Assistant Development Commissioner (Im- ports and Exports), Santa Cruz Bombay (in ao far as the Santa Cruz Electronics Export Processing Zone and the suppliers of goods from Domestic Tariff Area (DTA) for claiming of import replenishment licen- ces under the Import Policy for registered exporters agianst such supplies are con- cerned).

Do.

12.

s.

Do.

Any officer authorised by the Central Government for any goods as subscribed In Schedule I

9. Asst, Chief Controller of Imports & Ex- Ports/Controller of Imports and Exports, New Kandla, (in so far as Kandla Free Trade Zone is concerned).

Do.

Deputy Development Commissioner (New Units), Santa Cruz Electronics Export Processing Zone (in so far as the said Zone and the suppliers of goods from Domestic Tariff Area (DTA) for claiming of import replenishment licences under the Import policy for registered exporters against such supplies are concerned).

APPENDIX 2 -coiitd

SCHEDULE III

( 5M ClauM 4)

The following fees shall bo leviable la respect of the appli-

cation for an import licence.

(ill) an application for transfer of R. B. P. licence mad e

by an eligible Export House under the Import

policy for Registered Exporters.

lal Particulars

Amount of Fee Ser No

(2)

(1)

(3) (4) The amount of fees payable shall be Rs. 50/- in re- spect of an application for extension of the period of ship- ment of an import licence Irrespective of the value of the licence.

1.

Rs. 50.

Where the value of goods .pedfled In

application does not exceed Rs. 50,000

2.

(5) The amount ot fee" payable shall be Rs. 500/- In

respect of an application fot import of a Vehicle Including

Scooter, Auto Cycle/Motor Cycle/Mopeds, lrrespecitve of

the Value of goods specified in the application.

Where the value of the goods specified

In the application exceeds Rs. 50,000

Provided further that no fees shall be payable in respect

of—

Rupee one

per thousand

or part there-

of subject to a

maximum of

Rs. 10,000/-

Provided that—

(a) an application for an import licence for any goods

(other than a vehicle) If the import of the goods is

required by an individual for his own personal use

unconnected with trade or manufacture; or

(b) an application for an import licence from a news-

paper establishment for newsprint for a value cover-

ing a quantity of not more than 40 tonnes.

(1) The amount of fee payable shall be Rs. 30/- In res*

pect of an application for import licence by " small scale

actual user or a registered exporter, for the import of raw mate-

rial, components and spares where the value of the Roods

specified In the application does note exceed rupees one lakh.

Hot the purpose of collection of fees, the following Instruc-

tions aio for general information.

(2) The amount of fees payable ohall be Rs, 23/- irres-

pective of the value of tbe goodi specified in the application

In respect of —

(i) The fee should be credited under the Head 'Import

hoence application fcts, subordinate to the major

Head "097— Foreign Trade and Export Promotion |

(i) an application for the grant of subsidiary lioence [ or

(ii) an application for the grant of duplicate llcenoej or

(111) an application for the grant of gplit-up licence.

(ii) Fee should ta deposited In any one of the branches

of Central Bank of India, whioh have been authorised

to receive TTC deposits I

(3) The amount of fees payable shall be Rs. 10/- Irres-

pective of the value of the goods specified in the application

In respect of—

(Hi) If the applicant is located in a place which does not

have a branch of Central Bank of India authorised to

receive ITC deposits, the facility of remittance of ap-

plication fees and other TTC deposits through a bank

draft will be available, j

(1) an appeal (to the C. C. I.& E) against any decision

by a licensing authority on an application of ravisw,

or

(lv) No applioaton will be entertained which Is not ac-

(ii) a review application to the C. C. I. & E. against a

decision of an appeal | or

companied by such proof of payment of the fte pre

sorlbod under this order.

APPENDIX %-contd.

SCHEDULE IV

(See Clause 12)

1. Notification No. 23-1TC/43, dat"d the 1st July, 1943,

issued by the late Department ef Cmnmerco as amended.

2. Notification No. 2-ITC/48, dated 6th March, 1948 issued

by the late Ministry of Commerce.

3. Notification No. 4-ITC/48, dated 1st May, 1948, issued

by the late Ministry "f Commerce.

4. Notification No. 51-JTC/50, dated 15th November, 1950

Issued by the lata Ministry of Commerce.

5. Order No. 4/55, dated 30th June, 1955 issued by the

Ministry of Commerce and Industry.

APPENDIX 2—contd.

SCHEDULE V

(Set CI&UM 5)

CONDITIONS APPLICABLE TO IMPORT LICENCES

1. The following condition -.hall apply to all Import

licences :—

(1) Where an irrevocable letter of credit is opened by the- holder of the licences to finance the import of any goods covered thereby, the authorised dealer to foreign exchange, through whom the credit ii opened, shall be deemed to bo a joint holder of the licence to the extent of the goods covered by the credit

(2) Payments authorised to be made against the licence shall not cover any commission, discount or like re- bate(s) allowed by foreign suppHer(s)/manufac- turer(s) to the importer/ugent(s) to India.

2. The following conditions shall apply to import licences

issued to Actual Users with 'Actual User conditions:—

(1) Goods imported under the licence shall be used by the licensee only for the purpose for which they were imported, at the factory, commercial establishment, Institution, professional office or other premises con- cerned, at the address given in the application against which the licence is granted. No portion thereof shall be transferred to any party or utilised or permitted to be utilised to any other manner; however, where necessary bona nde, it may be got processed in another factory or put to use in an- other establishment, so long as the Actual User condition is complied with.

(2) The licensee ihall maintain proper account of con- sumption and utilisation of the goods imported against the licence in the form and manner laid down, and produce such account to the licensing authority or any other Government authority within inch time as may be spodfied by it.

O) All Actual Users (Industrial units) shall submit pro- duction returns regularly to the Directorate General of Technical Development, New Delhi or the con- cerned sponsoring authority.

(4) Actonl Users ^Industrial units) shall submit to the Directorate General of Technical Development, New Delhi or the sponsoring authorities concerned (and the Department of Electronics, New Delhi as appro- priate to the Item imported, half yearly returns of the items Imported) by them.

(5) All research and development units shall inform Department of Science and Technology, if the value of imports made by them at any one time exceeds Rs 1 lakh within 30 days of clearance of the goods, through the cutfoms. Tn case of any electronic items they should PIHO inform Department of Electronics, New Delhi.

3. The following conditions SIIBII apply to licences issued

for Import of Cnufti?) aoods :—

(1) The goods Imported under the licence shall be utilised in the licence holder's factory at the address shown In the Application against which the licence Is Isiued pnd thfit no portion thereof shall be sold to or be permitted tn be utilised by another partv or pledged with any financier other than bonier auiho- rlsedto deal in the foreign exchange and Sfate Finan- cial Corporations, provided that particulars of goods to bf pledged ire rcp^-ted by the licensee in ndvancr to the Hcens'iiT iithority.

f(2t A half-yearly return to the proforma given to An- nexure hereto shall be furnished by the licensee to tl" Director of Statistics, Office of the CCI & E, New Delhi Indicating the actual imports and remittance made against the licence as on 28th February and ,31st August each year. The return for each half-year shall be furnished within a period of 15 days from the dose of the half-year as indicated*

4. The import licences issued for execution of Govemm"nt contracts shall be subject to the condition that the good*, im- ported shall be used or sold or disposed of to the manner as stipulated in the Order placed by Directorate General of Sup- plies and Disposals, Railway Authorities or the Defence Authorities, as the case may be, and the imported goods ihall not be utilised or disposed of In any other manner without the prior approval of the licensing authority.

ANNEXURE

SCHEDULE V

Utilisation report for the half year ending

1. Name and address of the licensee

2. No. and date of the licence

1 Brief description of the goods

i Total value of the licence Rs

5. Value of the goods imported during the half year under

report :—

Date of Import Value in Rs, Port of Clearance

1 2 3

6. Balance value unutilised in the Cuitomi copy of the licence at the end of the half year under report Rs

7. Details of remittances made against the licences during

the half year under report.

8. Unutilised balance In the Exchange Control copy of the licence during the end of the half year under report Rs

9. Details of the order-) placed against the licence during

the half yoar umjer report

10 Details of letters of credit opened against the licence

during the half year under report, date of remittance Value in Rs.

II. Date of expiry of the validity period of the licence in-

cluding the period of revalidntion. if nny.

[/We hereby certify that the particular* famished/shown ire true and correct to the best of my/our knowledge and Mte'

Da.te

Signature of the Iieemev

APPENDIX 2—

EXPORTS (CONTROL) ORDER, 1977

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE ORDER EXPORT TRADE CONTROL (NO. 1/77-ETC)

New Delhi, the 24th March 1977

S.O. 254(E) :—In exercise of the powers conferred by Bcction 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), the Central Oovernment hereby makes the following Order, namely :—

1. Short title and commencement:—(1) This Order may

be called the Exports (Control) Order, 1977.

(2) It shall come into force on 1st April, 1977.

2. Definitions :—In this Order, unless the context otherwise

requires :—

(a) "Act" meani the Imports and Exports (Control) Act,

1947 (18 of 1947);

(b) "Chief Controller of Imports and Export*" includes Additional Chief Controller of Imports and Ex- ports, Export Commissioner in the office of the Chief Controller of Imports and Exports, a Joint Chief Controller of Imports and Exports, a Deputy Chief Controller of Imports and Exports, Assistant Chief Controller of Imports and Exports and Con- troller of Imports and Exports;

(c) "Collector of Customs" has the sam" meaning as assigned to It in the Customs Act, 1962 (52 of 1962);

(d) "Licence" Includes—

(i) a licensing endorsement made on a Shipping

Bill under this Order;

(i) a quota for the export of Roods allocated under this order, whether such allocation is made by a licensing authoriy or by any agency autho- rised by the licensing authority in this behalf;

(e) "Licensee" means a person to whom a Licence to

([ranted under this Order;

(f) "Licensing Authority" means an authority competent

to grant a licence under this Order;

(g) "Schedule'" means a schedule to this Order;

(h) "Value" has the same meaning as in sub-section (1)

of Section 14 of the Customs Act, 1962 (52 of 1962).

3. Restrictions on export of certain goods :—(1) Save a" otherwise provided In this Order, no person shall export any goods of the description specified in Schedule I, except under and in accordance with a licence granted by the Central Government or by an officer specified in Schedule II,

(2) No person shall export to Pakistan any Roods except under and in nccordonce with a licence granted by the Central Government or by fn officer specified in Schedule IT.

(3i Notwithstanding anvthlnK contained in sub-clause (1) and (2) poods specified in. Schedule III mav be exported on fulfilment of the terms and conditions specified therein.

(4) If in any case. It is foun-1 that the valnr sort, Fpert- flcatjon quality and description of the goods to be exported arc not in conformity with the declaration of the exporter In those respects or the quality and specification of such goods are nut in accordance with the terms of the export contract, the export of such goods shall be deemed to be prohibited.

4. Conditions of licence :—(1) A licence granted under the Order may contain such conditions, not inconsistent with the Act or this Order, as the licensing authority may deem fit.

(2) It shall be deemed to be a condition of every licence that—

(u) no person shall transfer and no person shall acquire by transfer uuy licence issued by the licensing autho- rity except uuder and in accordance with the written permission of the authority which granted the licence or of any other person empowered In this behalf by such authority;

(b) the goods for the export of which the licence to panted shall be the property of the liceasee at the time of the export.

(3) The licensee shall comply with all conditions imposed

or deemed to be imposed under this clause.

5. Refusal of licence :—The licensing authority may refuse

to grant a licence—

fa) if the application for the licence doei not conform

to any provision of this Order;

(b) If tuch application contains anv false, or fraudulent

or misleading statement;

(c) If the applicant uses in support of the application any document which is false or fabricated or which has been tampered with;

(d) If the licensing authority considers that the grant of

the licence will not be to the interest of the country;

fa) if the activities of the applicant are prejudicial to the

interest of the State:

{I) it the applicant has. on anv occasion committed breach of any law (Including any rule, order or re- gulation) relating to customs or foreign exchange;

(g) If the applicant on any occasion ha§ tampered with ftn export licence or hits exported goods without a licence, or has been a party to any corrupt or frau- dulent practice in hk commercial dealings or In obtaining anv licence or is found to haw solicited licences by offerins an Inducement to the boldrr of the licence or otherwise:

(h) it any agent or employee of the applicant has been a party to any corrupt or fraudulent practice in obtaining the licence for the applicant;

d) If the application Tor an export licence Is defective-

and doei not conform to the prescribed nilos:

(]) if the applicant contravenes or attempts to contra- vene or abets the contravention of any order made or deemed to have been made under the Act or anv condition of licence granted under ativ such order or commits a breach of the Export Trad* Control Reouiatlfw:

CH if the apnHesnt Is not eligible for a licence )n accord-

evef with thr Fxport Control Regulations:

(I) if the licensing authority decides to canalise export

through special or specialized agencies or channeli;

APPENDIX 2—contd.

(I) If he commit* • #Ufol breach of the export con-

tract entered Into between him and the other partv

(m) if the applicant la • partner In a paitnenhlp firm

or a whole tune director or managing director of a

private limited company which is for the time being

subject to any action under clause 7 or clauie 8 or

clause 9:

NOTB :—In this clause, the expression "Application fo"

licence." Includes any application made under tb*

Export Trade Control Regulations.

(2) The Central Government or the Chief Controller of

(n) If the applicant Is for the time being subject to any

action under olause 7 or clause 8 or clause 9;

Imports and Exports may, by special order In writing,—

(a) debar—

(o) If the applicant Is a partnership firm or & private

limited company, any partner or managing whole

time director or managing director whereof, ag the

case may be, is for the time being subject to any

action under clause 7 or clause 8 or clause 9;

(i) a person In respect of whom an order of deten-

tion has been made under the Conservation of

Foreign Exchange and Prevention of Smuggling

Activities Act, 1974 (52 of 1974) (hereinafter

referred to as the 1974-Act), or

(p) If any amount demanded from the applicant under

the Customs Act, 1962, or any penalty imposed on

him under the said Act has remained unpaid for a

period of three months;

(q) If the applicant fall* to produce any document that

Is called for by the Chief Controller of Imports and

Exports or the Licensing authority, and

(il) a partnership firm or o private limited company

of which such person Is m partner or a whole

time director or managing director as the case

may be, from receiving licences or from ex-

porting any goods; mid

(r) if the applicant falls to pay any penalty finally

Imposed on him under the Apt

6. Amendment of Licence :—The licensing authority may, of

(b) without prejudice to any other action that may be

taken against such person, partnership firm or com-

pany, direct thai no licence or permission for export-

ing any goods ihall be granted to such person

partnership Ann or company.

Its own motion or on application by the licensee, amend any

licence granted under this Order In snch manner as may be

necessary to make iucb licence conform to the proviaionn of

the Act or this Order or any other law for the time being in

force or to rectify any error* or omissions In the licence :

fOT such period as may be specified In such special order

Provided that such special order shall cease to have eftect in

respect of such person, or, as the case may be, partnership

firm or company of which such person Is a partner or a

whole time director or managing director, when the order of

detention made against snch person,—

Provided that the licensing authority may on request by the

licensee amend the licence In any manner consonant with the

Export Trade Control Regulations.

7. Power to debar from receiving licences or exportinf

(i) being an order of detention to which the provisions

of section 9 or section 12A of the 1974-Act do not

apply has been revoked on the report of the Advi-

sory Board under section 8 of that Act or before a

receipt of the report of the Advisory Board or be-

fore making a reference to the Advisory Board; or

goods :—(1) The Central Government or the Chief Controller

of Imports and Exports may debar a licensee or exporter oi

any other person from all or any of the following I.e. receiv-

ing licences or from exporting any goods and direct without

prejudice to any other action that may be taken In this be-

half, that no licence shall be granted to him or no permission

shall be granted to him for exporting any goods, for a speci-

fied period under this Order—

(ii) being an order of detention to which the provisions

of section 9 of the 1974-Act paply has been revoked

before the expiry of the time for, or on the basin

of the review under sub-section (3) of section 9,

or on the report of lie Advisory Board under section

8, read with sub-section (2) of section 9, of thai

Act; or

(a) If his application for licence Is at any time found

to be not in conformity with any provisions of thi"

Order: or

(b) If such application Is found to contain any falae.

frandulent or misleading statement; or

(c) If he Is found to have used in support of his appli-

cation any documents which Is false or fabricated or

which has been tampered with; or

(iii) being an order of detention to which the provision)

of section 12A of the 1974-Act apply bas been

revoked before the expiry of the time for, or on the

basis of, the first review under aub-iection (3) ol

that section, or on the basis of Ifae report of the

Advisory Board under section 8, read with sub-

section (6) of Section 12A, of that Act; or

(lv) has been set aside by a court of competent jnrlsdlc

tlon.

(d) If he has, on any occasion, tampered with an export

licence or has exported goods without a license or

has been a party to any corrupt or fraudulent prac-

tice In his commercial dealings or in obtaining 8

licence, or in exporting any goods, or is found to

have solicited any licence by effecting an inducement

to the holder of the licence or otherwise; or

(e) if his agent or employee has been a party to any

corrupt or fraudulent practice In obtaining any

licence or In exporting any goods, on hla behalf; or

(3) The Central Government or the Chief Controller of

Imports and Exports may debar a licensee or exporter or any

other person from receiving licences or from exporting any

goods and direct, without prejudice to any other action thai

may be taken against such person In this behalf, that no

licence shall be granted to such person or no permisskm shall

be granted to such person for exporting any goods for a

specified period under this order, If In the opinion of the

Central Government or the Chief Controller of Imports and

Exports :—

(a) such licensee, exporter or other person; or

(f) If he falls to comply with or contravenes or attempts

to contravene or abets the contravention of any

conditions embodied in, or accompanying a licence

or an application for licence; or

(b) where such licensee, exporter or other person is a

partnership (Inn or ft limited company, any panne i

nr whole time director or manatrins direct™ their

of, as the case may be, or

(ft) If he commits a breach of any law (Including any

rule, order or regulation) relating to customs or the

Import and export of good* or foreign exchange;

or

(c) where such licensee, importer or other person is a

partner In a partnership Finn or a whole time direc-

tor OT maDBglflB director of limited company, such

(h) if he falls to produce any document that Is called for by the Chief Controller of Imports and Exports or anv other licensing authority; or

35—z Commerce/83

ApPbNDDC * -KJ"KO

(b) il thf lictttor ha" hwi" grttit'-d tontr"n' to rule* wi

the pfovislon* of thw Order;

panuer"hlp flitn cr liinlt'-d comp*ai. ut ibt ca"t may be.

(c) it the licensee has committedftbreach of any of

the conditions of a licence;

(d) if the Central Government or such officer is satisfied^

that the licence will not serve the purpose for which'

it has been granted;

(t) failed, without sufficient cause, to utilise or to utilise Cully, any export licence granted or all allotment of quota made to such licensee, exporter or other person or such partner or whole time director or managing director or such partnership firm or limited com- pany, as the case may be; or

(d) if the licensee has committed a breach of any law

relating to customs or the rules and regulations

relating to the regulation of forclpn exchange.

(II) committed any act referred to in paragraph (I) of sub-clause (3) of clause 8 of the Imports (Control) Order, 1955.

Provided that notwithstanding anything contained in this

Order, the Central Government or the Chief Controller of

Imports and Exports or any other officer authorised ill this

behalf may, if satisfied that it is expedient so to do in the

public interest cancel any licence or render it ineffective with-

out assigning any reason.

8. Power to suspend grant of licences or permission tt export goods :—The Central Government or the Chief Con- troller of Imports and Exports may suspend the grant of licences or permission to exportfloodsto a licensee or ex- porter or any other person, pending investigation Into one or more of the allegations mentioned (n clause 7 without pre- judice to any other action that may Iv taken in ihfe behalf :

(2) The Central Government or the Chief Controller of

imports and Exports or any o!her officer authorised hi this

behalf may, by special order in writing, render Ineffective any

licence granted under this Order to—

(a) a person, if an order of detention has been made

Provided that grani of a licence and permission to export goods shall not ordinarily be suspended uiodci thin clause for a period exceeding twelve months'.

under tho 1974-Act in respect of such person; o*

(b) a partnership firm or a private limited company of

which such person is a partner or • whole time

director or managing director, u the c ue may be:

Provided further that on the withdrawn! uf i"t,h m'speuin*, I licence may be granted to him for the period of Mi"p*nslofi jublocl to such conditions re"ti(clioni or jwilutlom •* nmy be decided by thic aulhtwity kfomalrf twipifljf In view rif the relevant economic factor*.

Provided that ouch special order shall cease to have effect

Iu respect of such person, or, M the case may be, partner-

ship firm or company of which such person is a partner or

a whole time director or managing director, when the order

of detention made against such person—

(i) being an order of detention to which the provisions

of section 9 or section 12A of the 1974-Act do not

appU has been revoked on rhe report of the Advi-

sory Board under section 8 of that Act or before •

receipt of tbe report of the Advisory Board or before

making a reference ti" the Advisory Board; or

9 Pown w keep in abryancr applications far ltcenctj '"r exporting goodi :—Where any Investigation Into *ny of the allegations mentioned In clause 7 if pending H unhurt n licensee or exporter or any other person and the Cenirni Government or the Chief Controller of Imports and Exoortstosatisfied that without ascertaining further details In regard to snch alle- gation, the grant of licence or permission to export poods will not be In the public Interest then notwithstanding anything contained In this order, the Central Governmcni or the Chief Controller of Imports and Exports msj keep In nbfvance any application for grant of licence or permls-ilon to export goods of such person without assigning any reason and wl'hont pre- ludice to any other action tb.it may be taken In this behalf *

Provided that Ibc period for which the Brant of soch 1ic*>ncr QT permission to export ROOON l" trpt In abeyance und^r this clause shall not ordinurily eTceed six months

(li) beinp an order of detention to which the provisions

of section 9 of the 1974-Act apply has been revoked

before the expiry of the time few or on the basis

of, the expiry of the time for, or on the basis of,

the jevltw under sub-section (3) of section 9, or

on the report of the Advisory Board under section 8,

read with sub-section (2) of section 9, of that Act;

10. PuhUrlrv of action tat en under clause 7 ur 8 :— ( 1) If the Central Govemnv-nt Is iif opinion that it Ij ne<"snarv or expedient in the piib^'c Intprest tu pnbilnh the name of iny portion OT class of iiersonii and other itlevani |"t11cu)ani • g a i n st w h om a c t i on u n d er d o u se 7 or 8 IS t a k er 't m ay

(lili being an order of detention to which the provisions

of section 12A of the 1974-Act apply has been revto-

ed before the expiry of the time for, or on the bfl"ta

of the first review under sub-section (3) of that

nectl' m, or on the basis of the report of the Advlsorv

Bop.rd under section 8, read with sub-section (6)

of qrctfon 12A, of that Act; or

publish or ennse to be published the name of su:h penon

or claw of persons "nd "inch pnrticulnrs In *uch manner s.i It

thinks fit

flv) has been set aside by a court of competent jurisdic-

tiTm

1?. Licenser, etc. tn bf qtven opportunity of being heard :—

(2) No publication undcT -info-clauso ( 1) *thaT1 br made ID

relation to anv Mich ndlon nr-tH the rime of pre.ien1ing an

appeal. If any, to the flptiellate authority biM expired without

•ti appeal having; been presented or. the appeal \f presented

hw been disposed of.

(1) No action shall be taken under clause 6 or sub-clanse

fl) or under sub-clause (3) of clause 7 or clnuse 8 or sub-

d*u"ie (1) of clause 11 against a licensee or exporter or any

uiher person unless he has been given a reasonable opportunity

if liclng heatd

Explanation i—Tn fie case of a firm, company oi other

•wodation of pei^oni, the names of the pwrtners of the firm

directors, managing ipents, Recretaries and treasurers or

manager of the company, or the members of the association

m t!if case tr:"V he n"i\ n'^o be published If, In the opinion

•>f the Centr"1 flovprnmfnt the c^^!-umstnrlce^ of the caic

limtlfy It.

, '" (2) Where "ny person Is aggrieved by any action taken under clause 7 or clause 8 or sub clause (T) of clause 11 Bav? in a caie where the cancellation has beer ordered under the proviso thereto ho may prefer an appeal against such action to ouch authority, ns the Central Government may by (V'tifk'M'orj m she Official Go?Pt(e con*titnte for the purpose v>f Vtumj! nppeaK wltli'n thiity dm fmtn the date of tho rommur"¹. V^nti of t!i" ICtiofi tfiVfr*

11 CancrtUttlnn fit benen :—(1) The Central Governmem

fir ibe Chief ConfroJiei of Imports nt,d Exports <<\ any othf

nfttcr mithoriwd !n flili behnlf mnv ^nncrl \ny licence granted

rtfi,4f r thin Order nr fithcrwlNr tender ') Jneff*Cti"i; .—

(a) If the licenrs h^is been planted through fnndvertance or mlitakr or hiw bt^n obtained by fraud or mlit^ representation.

APPENDIX 2—contd.

documcuLt diate tbc value, sari, specification quality and des- cription ot such goods to tie beat of hiu knowledge and belief Una certiiy that the quality and speculation of t£w goods its stated in Dnose docunieau, uro in uecordiince With the terms of the expoit conuaU i:nte*ed into with the buyer or con- signee hi pursuance ot which the goods aic bdug exported and shall subscribe to a declaration to the truth oi such state- ments at the foot ot such shipping Bill or otber documents.

14. Prohibition regarding making signing etc. of any dec- laration, staiemtnt or documtnts :—(.1) No person shall make, sign or use or cause to be mode, signed or Used any declara- tion, statement or document in obtaining a licence, or in exporting any goods knowing oi having reason to believt this ouch declaration, statement oi document is false m any mate- rial particular.

(2) No person shall employ any corrupt or fraudulent prac-

tice in obtaining any licence oi in exporting any goods.

14A. Poweis of revision of the CttieJ Controller or Addi- tional Chief Controller :—-The Chief Controllei or Additional Chief Contioiler may, on his own motion or otherwise, call for an examine the records ot any proceedings in which an action to debar under sub-clause (1) or sub-Clause (3) ol clause 7, or to cancel a licence under sub-clause (1) of clause 11, has been initiated or completed (whatever the result may be) has been taken by any officer subordinate to him and against which no uppcal has been preferred, foi the purpose ot satisfying himselt us to the correctness, legality or pro- priety of such action and puss such orders thereon as he may think fit :

Provided that no action shall be varied under tiiis sub- clause so as to prtjudically affect any person unless such person—

(a) has, within a period of two years from the date ol such action received a notice to show cause why such action shall not be varied; and

(b) has been given a reasonable opportunity of making representation and, if he so desires of being beard, In his defence.

13. Savlagi :— Nothing in this order shall apply to—

(a) any goods exported by or under the authority of the

Central Government;

(b) any goods covered by executive instructions Issued by the Chief Controller of Imports and Exports;

(c) any goods other than food-stuffs constituting the stores or equipment of any outgoing vessel or con- veyance;

\d) any xooOft constituting the bona fide personal bag- gage U an} person (including a puasenger or mem- t>u Lt a cuw in any outgoing vessel or conveyance; going out of Jndia .

frovuiiM that thu wUd-lUe (dead or dlive or p ut thereof oi produco tiieietrom) specified in Part A of Sdhixlulo 1 shall not be treated as constituting suca personal baggage.

(ej any goods oxpoited by post or by air under the condi- tions specified in 1'ostul Notice issued by tfae postal authorities;

(f; any goods transhipped at a port in India after hav- ing been manifested foi such transhipment at the time ot despatch from a port outside india;

(g) any goods imported and bonded on arrival in India for re-export to any country outside India, except Nepal and Bhutan;

(h) any goody in transit through India by post, oi any goods re-dkected oy post to a destination outside India, except Nepal and Bhutan, provided that sucfa goods while in India are always in the custody of the postal authorities;

(i) any goods imported without a valid import licence and exported in accordance with an order for the export of such goods, made by an officer of Customs authorised in this behalf;

(i) Products manufactured In and exported from

the respective Free Trade Zones.

(k) Export of Blood Group O (Bombay Phonotype) meant for scientific research or emergency medical treatment as life saving measure on humanitarian grounds by the Director, National Blood Group Reference Laboratory Bombay on the bash of • specific ccitiricate issued, by him to this effect in each case.

16. Repeal:—The Export (Control) Order, 1968 published with the Order of tile Government of India in the Ministry of Commerce and Industry under S.O. 927 dated the 8th March, 1968 as amended from time to time la hereby repealed :

Provided that anything done or any action taken Including any appointment made or licence issued under any of the provisions of the above Order or Notification shall be deemed to have been done or taken under the corresponding provision! of this Order.

NOTE :—Schedules I to III forming part ot Export (Con- u-ol) Order 1977 have not been re- produced. These appear in Import-Export Policy, 1983-84 (Vol. IT).

APPENDIX—3

(Deleted)

APPENDIX—4

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE

PUBLIC NOTICE No. 27-ITC(PN)/80

New Delhi, the 15th July 1980

SUBJECT :—Import of goods as personal baggage.

Attention is invited to the Ministry of Finance, Department of Revenue, New Delhi, Notification No. 101-Cus. dated the 16th May 1978, No. 102-Cus. dated the 16th May 1978, No. 103-Cus. dated the 16th May 1978 and No. 105-CUs. dated the 16th May, 1978 applicable to passengers arriving from tny country other than Nepal.

2. Sub Clause l l ( l ) ( g) of the Import (Control) Order, 1955 as amended, already exempts from the operation of the said order the goods imported as passenger baggage to the extent permissible under the Baggage Rules for the time being in force.

3. A non-tourist passenger may also be allowed to import as a part of his baggage, without an import licence, but on payment of customs duty any items of personal or household effects, for his own use or for use of his family.

Provided that the import of a firearm shall be subject to

the conditions that :—

(i) The passenger has not imported or otherwise ac- quired a foreign-made firearm of the same category during the last ten years;

Explanation : For this purpose, revolver and pistol wil] be considered as firearm of one category and gun and rifle as firearm of another category:

(11) In the case of revolver and pistol, they arc of .32

or smaller bore; and

(Ul) The firearm shall not be sold, gifted or given to a retainer or otherwise parted with for a period of five years from the date of clearance

4. A tourist of Indian origin, whether holding an Indian passport or a foreign passport, who is normally resident abroad, may be allowed to import as a part of his baggage, without an import licence, but on payment of customs duty any items of personal or household effects for presentation as gifts or souvenirs to friends and relatives—

Provided that the Import of firearm shall be subject to the

conditions that:—

(i) The passenger has not imported a foreign made firearm of the same category during the last ten years;

Explanation :—For this purpose, revolver and pistol will be considered as firearm of one category and gun and rifle as firearms of another category;

(il) In the case of revolver and pistol, they are of .32

or smaller bore; and

(ili) The firearm shall not be presented as gift to a person who has Imported or acquired a foreign made firearm of the same category during the last ten yean. (The person receiving the gift shall also ensure that he ii not violating this condition).

3. The above concessions may be allowed provided the proper officer of the customs is satisfied Chat the items are being Imported for bona fide use of the passenger or bis family or for making a gift or souvenir, as the case may be, tod subject to the condition that they shall not be sold, dis- played, advertised or offered for sale or displayed in a shop until:

(a) in the case of firearm and TV, they have been used for a period of not less than five years from tile date of clearance by such person, or passenger or mem- ber of the crew, or

(b) in case of other goods, when the market price is depreciated to less than 50% of their market price when new.

6. In addition, clearance of one dog and other domestic pet like cats and birds in a limited number may be allowed with- out Import Trade Control restrictions on furnishing the following health certificate to the customs authorities :—

(i) A health certificate from a veterinary officer autho- rised to Issue a valid certificate by the Government hi the country of export to rjbe effect that the dog imported Is free from Aujossky'i disease, Distemper, Rabies, Lelshmaoiasis and Leptospirosis and in the case of cats from Rabies and Distemper.

(il) In the case of import of dogs and cats originating from countries where Rabies infection is known to exist, a health certificate containing a record of vaccination, vaccine used, brew of the vaccine and the name of the production laboratory and to the sffect that the dog/cot was vaccinated against Rabies more than one month, but within 12 months prior to actual embarkation with nervour tissue vaccine or within 36 months with chicken embryo vaccine both the vaccines having previously passed satisfac- tory potency test.

(iii) In the case of parrots, a certificate to the effect that the parrots were subjected to a compliment fixation test for Psittaposis with negative results within 30 days prior to actual embarkation.

7. This Public Notice is hi supersession of the earlier Pub- lic Notice of the Ministry of Commerce No. 34-ITC(PN) /78 dated 16th May, 1978 as amended by Public Notice No, 58- rTC(PN)/79 dated 13th November, 1979.

Explanation : In the Public Notice the term 'Baggage' will have the same meaning as is assigned to it hi sub-clause (3) of Section 2 of tlhe Customs Act, 1962.

Sd/- (Manl Narayanaswami) Chief Controller of Imports & Exports

NOTB : It should be noted that species included in any of tha Appendices to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall also be subject to regulations under CITES and special examination of Regional Assis- tant Director, Wild Life Preservation, If their Import Is otherwise covered under baggage.

APPENDIX A—contd.

GOVERNMENT OF INDIA

Provided that—

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

(i) a passenger below twelve years of age may be allow-

ed to import free of duty articles upto a value of

three hundred, if the proper officer is satisfied that

such articles are for the use of such passenger;

PUBLIC NOTICE NO. 44—ITC(PN)/80

New Delhi, the 17th November, 1980

SUBJECT :—Import of goods as personal baggage.

(ii) In case of an air passenger who travels on a frco or

concessional ticket and returns to India after staying

outside India for less than ten days, articles upto a

value of one hundred and twenty-five rupees in the

case of such adult passenger, or thirty rupees in the

case of such passenger below eighteen years may

only be allowed to be Imported free of duty, for

each day's stay outside India.

Attention is invited to Ministry of Commerce Public Notice

No. 27-ITC(PN)/80, dated the 15th July, 1980, and Public

Notice No. 46-rTC(PN)/78, dated the 30th June, 1978, per-

taining to Import of good* as personal baggage.

Explanation :—For the purpose of this proviso 'concessional

ticket' means a ticket issued after allowing a

concession of seventy five percent or more.

2. On reconsideration, it has been decided to delete the

word in convertible foreign currency appearing in para 4 of

the aforesaid Public Notice No. 27-ITC(PN)/80 dated the

15th July, 1980. The laid para 4 (hall be stand amended

accordingly.

4. Additional Allowance for used Household Ankles :—

In the case of a passenger who was engaged in his profession

abroad for over three months, articles actually used for run-

ning his household, namely, linen, utensils, table-ware, kitchen

appliances and iron, upto an aggregate value of one thousand

rupees may be imported free of duty.

3. Public Notice No. 46-ITC(PN)/78, dated the 30th June,

1978 pertaining to import as baggage by officers and mem-

bers of the crew, is also hereby cancelled. Consequently, im-

port of goods as baggage by such persons will be governed

by the provisions of Ministry of Commerce Public Notice

No. 27-ftC(PN)/8O dated tile 15th July, 1980.

4-A. ADDITIONAL ALLOWANCE FOR USED PER-

SONAL EFFECTS AND HOUSEHOLD ARTICLES IN

RESPECT OF CERTAIN CATEGORIES OF PASSEN-

GERS:

Sd/-

(MANI NARAYANASWAMY)

Chief Controller of Imports and Exports

BAGGAGE RULES 1978

(1) In the case of a passenger holding a valid passport

issued under th" Passporti Act, 1967 (15 of 1967) and re-

turning to India after a period of not less than one year of

stay abroad, has personal effects and household article! upto

an aggregate value of five thousand rupees, which have been

in his or his family's possession and use abroad for • mini-

mum period of six months may be imported free of duty

subject to the following conditions, namely :—

iAS AMENDED BY NOTIFICATION 213-Cus DATED

13-11-79, NOTIFICATION No. 247-Cus DATED 26-12-80)

AND NOTIFICATION No. 57/83-Cus DATED 1-3-83

GOVERNMENT OF INDIA

(i) Such passenger has been working abroad for a

minimum period of one year and Is returning to

India on termination of such work;

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

New Delhi, the 16th May 1978

Z6th Vaisakha, 1900 (Saka)

(ii) Such passenger affirms by a declaration that the

goods in question have been In his or in his family**

possession and use abroad tor a minrrmim period

of six months and the examination of luch goods

and the attendant circumstance* do not indicate to

the contrary;

NOTIFICATION

(2) Nothing contained in this rule shall apply to the

following artlclei, namely :—

Cuaroia

(a) motorcycles, scooters or mopeds;

(b) aiicondltioners;

(c) refrigerators and deep freezes;

(d) firearms;

(e) cigrattes exceeding 200 or cigars exceeding 50 or

tobacco exceeding 250 gms; and

(f) alcohalic liquor in excess of 0.95 litre.

G.S.R. No. 290(fi) :—In exercise of the powers conferred

by sub-section (2) of section 79 of the Customs Act, 1962

(52 of 1962), and in supersession of the Baggage Rules, 1970

and the Ceylon Baggage Rules, 1930, the Central Government

hereby makes the following rules, for Importing free duty,

baggage of passengers (other than tourists) who arrive from

iny ooautry other than Nepal, namely :—

1. Short Titlt, Commencement:—

(1) These rales may be called the Baggage Rulce, 1978.

(2) They shall come Into force at once.

5. Allowance for Professional Equipments :—A passenger

who was engaged in his profession abroad for over three

months may be allowed to import free of duty such portable

equipments, Instruments, apparatus and appliance* as are

ordinarily required in such profession, upto a value of five

thousand rupees;

Provided that Items of common use like camera, typewriter,

casette recorder and dictaphone shall not be allowed to bo

imported free of duty under this rule.

2. Used Personal Effects :—The used articles of personal

ware (excluding jewellery but including not more than one

wrist-watch) of value not exceeding five hundred rupees (and

articles in personal use of passengers for satisfying daily

necessities of life may be passed free of duty).

6. Jewellery :—Jewellery in the actual use of a passenger

who has been residing abroad for over one year may be allow-

ed to be Imported free of duty in the aggregate value of one

thousand and five hundred rupees in the case of a male

passenger and three thousand rupees in the case of female

passenger.

3. General Free Allowance :—In addition to the articles

specified in rule 2 and subject to the provisions of rule 9 a

passenger of and above the age of twelve years may also be

Allowed to Import free of duty articles upto a value of one

thousand and two hundred and fifty rupees, If the proper

Offlcw Is satisfied that such articles are for the use of the

passenger or his family or for making gifts or souvenirs;

7. Unaccompanied Baggage :—(1) Subject to the conditions

and limitations laid down to these rules, the proper officer may

APPENDIX A—contd.

allow import ftee oi uuly bona, hde unaccompanied oaggagt arriving in Indid after the amvai ot the passenger, if it was in his possession abroad and was ahiped by sea wrtiiiu oao month, or despatched by arr iwthin a fortnight of the passenger's arrival in lndui

Provided that if the Assistant Collector ol Custom* or the Collector oi Customs, as the case may be, is satisfied that the paasenge* could not itup or despatch his bona fide unaccom- panied baggage witnm the period aforesaid, inspite of his havrng litkeu ail reasonable stepa for that purpose, the Assis- tant Collector of Customs, may cAttnd the time limit of one month to tluee months or of a toituigiu to two months, as the case may be, and the Colltctor of Customs may extend the time upto any tuither lime.

(2) Ilona tide baggage ot a passenger landed at any customs stations within two months btfoif bis anival in India may be allowed to be imported free ot duty by the proper officer sub- ject to the conditions a ad limitation^ laid down in these rule;,;

Provided that if the AsssiLmt Collector ot Customs or the Collector of Customs, as the case may be is satisfied for reasons to be xecoidcd in siting, that the passenger was prevented fioin arming in India within trie aloresard period of two months due 10 cucumsmntcs beyond hia control, such as, sudden illness of the passenger 01 a member of this family or natural calamities or disiuibed condiitons, oi disruption of the tiansport OJ navel arrangements m the country or countries concerned or any other teason, which necessitated a change in lhe travel schedule of the passenger, the time limit o{ two months may be extended upto a period of—

ti) lour runih* oy tire Assistant Collector of Customs,

and

in) one yeur by the Collector of Customs.

1958, the Central Government hereby makes tiie following rules lor importing free of duty, baggage of tourists, namely :—

1. A/io;/ T i t l e, C o m m e n c e m e nt and A p p l i c a t i o n :—( I) T h e se

rules may be called the Tourist Baggage Rules, 1978.

(2/ 'lliey shall come Into force at once.

(3) ihey shall not apply to tourists of Nepali origin

uinving irom Nepal.

2. Definition :—In these rules, unless the context otherwrse requires, 'tourist' means any person not normally resident in India, who enters India tor a stay ot not more than six months in tho course of any twelve montiis period, for legitimate non- imrnrgrant purposes, such as tounng, recreation, sports, health, family reasons, study, religious pilgrimages or business;

Provided mat where flhe Collector of Customs is satisfied thut rt is necessairy for a tourist to extend his stay beyond six months lor ligitimate non-immigrant purposes, the Collector may oJtttnd tho period by a turther period of eighteen months.

Provided luxLher that if the Board Is so satisfied, it may

extend Hie aforesaid perrod beyond 12 months.

J. Exemption from Duty for personal effects imported tem- i>oiaruy ,—(I) Subject to other conditions laid down In these Kulcs, the personal effects of a tourist shall be allowed to be imported temporarily free of duty;

Provided that they are for the personal use of the tourist, are carried on the person or m the baggage accompanying the tourist, that there is no reason to fear abuse and that these personal cftects, other than those consumed during his stay, are re-exported by the tourist on his leaving India for a foreign destination.

8. Application of them Rules to Members of the Crew :—

Rules 2, 3, 5, 6 and 9 sfortll apply In respect of officers and members of the crew cngnged In a foreign-going vessel for importation ot (heir baggage at the time of final pay off on termination of therr enaaftemrnt,

Provided ihat the concession under rule 5 shall not be allow-

ed except at tho timo of final pay off on termination of first engagement in a foreign going vessel.

'J. Anklet not exempted from But}' :—Notwithstanding the provisions ot rules 3 and 4, the following articles shall not be imported free of duty under these rules, namely :—

(0 moto tyicle; tcootet and moped, (ii) hrm arm; (lii) cigarettes exceeding 200 or cigars exceeding 50 or

tobacco exceeding ISO gmo.; und (iv) alcoholic liquor in excess of 0.95 litre.

No. 101-Cus/F. No, 495/24//8-Cus VI.

213-Cus/F. No. 495/106/79 Cua VI.

247-Cus/F. No. 495/72/79-Cus. VI.

57/83-Cua/F. No. Bud (Cua)/83.

TOURIST BAGOAGE RULES 1978

(AS AMENDED BY NOTIFICATION NO. 214-Cus DATED 13-11-79 AND FURTHER AMENDED BY NOTI- FICATION NO. 211-Cus. DATED 2S-1O-8Q)

GOVERNMENT OV INDIA

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

New Delhi, the 16th May 1978

26th Vaisakha, 1900 (Saka)

NOTIFICATION

CUSTOMS

G.S.R. No. 291/(V,) :—In exercise of the powers conferred by sub section (2) of section 79 of the Customs Act 1962 (52 of 1962) and In u'lpeisession of the Tourist Baggage Rulet Explanation :—lhe term 'personal effects' means all cloth- ings and other articles, new ei used which a tourist may per- sonally and reasonably require taking into account all the circumstances of ha visit but excluding all merchandise im- ported for commercial purposes and includes—

(ij personal Jewellery; (ii} one camera with twelve plates or/five rolls of films; (,ui) one miniature cinematograph csmerk with two reels

of films;

(.iv) one pair of blnoculam; (v) one portable musical instrument; (vi) one portable gramophone with ten records; (vii) one portable wireless receiving set; (.viu) one portable lound-recording apparatus;

(ix) one portable typewriter; (x) one perambulator;

(xi) one tent and other camping equipments; (xll) sports equipment such as one fishing outfit one sporting flre-arm with fifty catridgea, one non- pow"red bicycle, one canee or kayac less than 5i meters l*og, one parr of skis, two tennis rackets.

(2) The following may be imparted tit* of duty on the tourist giving a written undertaking in tenm "f rule 7 for their re-export on his departure from India, namely :—

(I) Audio visual aids including slides and films for

demonstration and instructional purpose;

(II) professional equipments, instruments, apparatus or appliances Including cine-equipments and Television equipments.

4. Exemptions from Duty for Travel Souvenir) Imported temporarily :—In addition to the articles specified In role 3, a tourist may also b" allowed t" import temporarily free of duty. travel souvenirs for ft total value not exceeding five hundred rupees;

Provided that such souvenirs are carried on the person of or hi the baggage accompanying the tourists, are not intended for commercial purposes and are re-exported by the tourist on his leaving fcidia for a foreign destination.

APPENDIX 4—Conid.

NOTIFICATION

5. Exemption from Duty on Gifts etc, imported by tourist) of Foreign Origin:—In addition to article* allowed under rules 3 and 4, a tourist of foreign origin staying in India for more than 24 hours may also be allowed to import free of duty, at the discretion of the proper officer, articles other than tiiose mentioned in rule 9 of Baggage Rules 1978, upto a value of tfive hundred rupees if these are Intended for personal use or

for making gifts.

6. Exemption from Customs dufi un gifts etc. imported by tourists of Indian origin :—Tourists of Indian origin, who are normally residents abroad and are staying In India for more than 24 hours may be allowed to import free of dutv, at the discretion of tho proper officer, articles intended to be given away as gifts;

Provided that the articles are such as are covered by rule 3

read with rule 9 of tho Baggage Rules, 1978.

Provided further that all the condtions and limitations mentioned in rules 3 and 9 of the Baggage Rules, 1978 are wtisfied

7. Undertaking to be given to Customs authorities in cer- tain casei;—1. Notwithstanding the provisions of sub-rule (1) of rule 3, articles of high value such as sound-recording apparatus, wireless receiving sets, and the like shall not be allowed to be imported free of duty unless the tourists gives an undertaking in writing to the proper officer to re-export them out of India on his leaving Tndia for a foreign destina- tion, or on his failure to re-export to pay the dutv leviable thereon.

~"⁷'

2. Every tourist shall he given on nrrival and after exami- nation of his baggage, a list of articles of high value brought by him signed by the proper officer who examine* his bap- gage. If no such articles of high value fs Imported, e nil list, similarly signed shall be given Unless the list Is r>ro- ducedbv the tourist to the proper officer at the time of exa- mination of his baggage on his departure from India for 8 foreign destination alongwith the articles, if any listed therein his baggage may not be allowed clearance through the Cu" tomg for export.

8. Provision refolding unaccompanied baggage :—Notwith- •tending anything to the contrary in the foregoing rule), bona fide baggage and goods eligible for the concessions under the foregoing provisions and landed at any customs port within one month before or after the arrival of the tourist in India may be passed subject to the conditions applicable to baggage accompanying a tourist :

Provided that the proper officer is satisfied that they could not be brought alongwith the tourist due to bona fide reasons.

9. Refusal of exemption in certain cases:—Notwithstanding anything contained in these rules, the proper officer may refuse to a tourist exemption granted by these rules in anv of the following cases namely :—.

(a) wTien the total quantity of a commodity Imported hy B tourist exceeds substantially the limit laid down in these rules;

(hi where the tourist enters into Tndia more than once

in a month.

(c) where the tourist Is under seventeen years of age

No. 102-Cus/F No. 499/oV78-Cus.VT.

No 211-Cus/F. No, 499/fi/78-Cus.VTfPt).

Mo 214-Cus IV No 495/106/79-CUS.VT.

TRANSFER OF RESIDENCE RULES 1978

(AS A'VfFNDFD BY NOTTFTCATTON Nn 124-Cnil DATFD 22-fi-197R

GOVFRNrvfENT OF TNDTA MTNTSTRY OF FINANCE DEPARTMENT OF RFVENUE

Mew Delhi, the 16th May I97" 26th Vatoafcha, 1900 (Saka)

H S R. No 292'(E) —In exercise of the powers conferred

by Section 79, of the Customs Act. 1962 (52 of 1962) and In supersession of the Transfer of Residence Rules, 1969, the Central Oovpmincnt hereby makes the following rules, namely :—

1. Short title :—These Rules may be called the Transfer of

Residence Rules, 1978,

2, Personal and household effects exempted from duty sub- ject to certain conditions:—Subject to the provisions of the Bagpago (Condition of Exemption) Rules, 1975 and rule 3 of these rules the personal and household effects, of a person on a bona fide transfer of residence to India shall be exempted fiom fluty subject to the following condition! namely :—•

(a) Such person has been residing abroad for a mini- mum period of two years immediately preceding the transfer of residence and is transferring his resi- dence to Tndia for a minimum stav of one year. (b) such person affirms by a declaration that the Roodi have been in his or his family's possession and use abrond for a minimum period of one year and ti.e examination of the goods and the attendant circum- stances do not Indicate to *he contrary.

(c) the goods not accompanyirg the passenger were shipped or despatched or arrived within the time limit specified ir the Bagftape Rules, 1978.

Explanation : For the purpose of this rule, the expression "personal and household effects" shall not include so much of gold jewellery, that is tn sav, jewellery of which the value is mainly on account of gold content, as is in excesi of tho valur of nnn thousand five hundred rupees in the caw of n male passenger nnrt three thousand mpeei in the case of • female tiasscnger.

3 Articles not exempted from duty :—Notwithstanding anything contained in rule 2, motor vehicles, vessels, aircrafti, cinematograph films of 15 mm. and above, air-conditioners, refrigeiators and deep freezes, shall not he allowed to be imported free of duty under these rules

4. Allowance for professional equipment etc. :—In addition to articles allowed under rule 2 and subject to the time-limit mentioned in clause (c) of that rule, a highly qualified scientist, technologist, doctor or engineer, returning to India for permanent settlement after a stay abroad for a minimum period of two years, may also be allowed to import free of duty such equipment, Instruments apparatus and appliances, upto a value of thirty thousand rupees as are ordinarily re- quired by him in his profession.

Explanation: For the purpose of this rule, "a highly qualified scientist, technologist, doctor or engineer" fa a per- lon who holds a post-graduate degree or its equivalent In science, technology, medicine, or engineering, as the case may be, from an Indian or foreign university and has been em- nloved or enqaged abroad In hi* field or specialisation for at least one year.

5, Condition of short visits :—For the purpose of these rules, short visits, if anv. made bv the person concerned to Tndia during the aforesaid period of 2 years ihail be ignored if the total duration of fltav on these visits does not exceed six months;

Provided that on sufficient cause being shown bv the person concerned the Collector of Customs may condone the period of stav in Tndia in excess of nix months

ft. Condition of shortfall in the period of itav abroad :— For the purpose of these rules shortfall upto a period of two months In a person's stw abroad rmv be condoned bv the Assistant Collector of Customs if he h sntisflfd ft-at the ner- "oti'" earlv return to India had been caused bv hi" avnlilnp of the terminal leave or a vocation or bv anv o*her special circumstances

No 103—CUS./F. No. 497/fl/Cus,VT.

No. 124--CUS./P. No. 497/6/78-Cus.Vl.

APPENDIX 4—contd.

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

New Delhi, the 26th September 1980

4 ASVINA 1902 (SAKA)

TABLE

Description of goods

>.

SI. Nc

Rate or Duty o/ Customs

3 1

2

1. Domestic refrigerators capacity not exceeding 100 litres. . . . . ..

U%

2.

NOTIFICATION

CUSTOMS

G.S.R. No. 558(E) : ~ In exercise of the powers conferred by sub-section (1) of Section 25 of the Customs Act, 1962 (52 of 1962), and in supersession of the notification of the Government of India in the Ministry of Finance, Depart- ment of Revenue, No. 230-Customs, dated the 5th Decem- ber, 1979 the Central Government, being satisfied that it is necessary in the public interest so to do hereby exempts each of the goods specified in column (2) of the Table annexed hereto, When imported by any person as part of his baggage, on a bona fide transfer of residence to India, from so much of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as in the excess of the rates specified in the corres- ponding entry in column (3) of the said Table, subject to the tollowinR conditions, namely :—

20% Domestic refrigerators capacity exceeding 100 litres but not exceeding 165 litres.

Other domestic refrigerators

40% 3.

40% , Deep Freezes . . . ..

4,

5.

, Air Conditioners . . ..

50%

Sd/-

K. KUMAR, Under Secy.

No. 195-Cus / F. No. 495/92/79-Cus. VI

CUSTOMS & CENTRAL EXCTSE BULLETIN

Cus. 68/81-82 Dated 10th December,

GOVERNMENT OF INDIA

MINISTRY OF FINANCE DEPARTMENT OF REVENUE New Delhi, the 9th December 1981 18th Agrahayana, 1903 (Saka)

NOTIFICATION

(i) such person ha& been residing abroad for a minimum period of 2 years immediately preceding the transfer of residence and is transferring his residence to India for a minimum stay of one year;

(ii) such person affirms by a declaration that the goods have been in his family(s) possession and use for a minimum period of one year and examination of the goods and attendant circumstances do not Indicate to the contrary;

(iii) such goods shall not be sold, displayed or advertised or offered for sale until their market price has depreciated to less than 50 per cent of the marten price when pew; and

(iv) the goods not accompanying the passenger were shipped or despatched or arrived within the time limits specified In the Baggage Rules, 1978.

Explanation ;—For the purpose of this notification—

(a) ihort visits, if any made bjr the person concerned to India during the aforesaid period of 2 years shall be ignored if the total duration of Btay on those visits does not exceed six months;

(b) shortfall upto a period of two months in a person's stay abroad may be condoned by the Assistant Col- lector of Customs if he is satisfied that the person's early return to India has been caused by his avail- ing of the terminal leave or a vacation or by an other special circumstances.

Provided that on sufficient cause being Bhown by the person concerned, the Collector of Customs may condone the period of stay in India in excess of six months.

CUSTOMS

C.C.N. No. (3) :—In exercise of the powers conferred by section 79 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules further to amend the Transfer of Residence Rules, 1978, namely .—

1. (1) These Rules may be called the Transfer of Resi-

dence (Amendment) Rules, 1981

(2) They shall come Into force on the date of theli

publication hi the Official Gazette.

2. In the Transfer of Residence Rules, 1978, In rule 2 foi tbe Explanation the following Explanation shall be sub- stituted, namely ;—

"Explanation" :—For the purpose of this rule, the expression "Personal and household effects" shall not Include so much of gold jewellery that Is to say jewellery of which the value is mainly on account of gold content, as is In excess of the value of one thousand five hundred rupees In the case of a male pasaenget and three thousand rupees in the case of a female passenger and the said limits shall not, however, apply to the Jewellery in respect of which the Assistant Collector of Customs is satisfied on the basis of the evidence produced by the passenger, or by a member of his or her family that it had been taken out of India.

Sd/- K. KUMAR Under Secretary to the Govt. of India

(No. 268/81) F. No. 497/14/81-Cus. VI

The notification seeks to amend the Explanation In Rule 2

pf the Transfer of Residence Rules, 1978.

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Now Delhi, the 1st March, 19SJ

10 Phalguna!~n>04 (SAKAT

NOTrFICATION

No. 58/83-CUSTOMS

G.S R. in exercise of the powers conferred by sub-section (1) of section 25 of the Custom? Act, 1962 (52 of 1965 and In supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue No. 142-Customs, dated the 15th July, 1980, the Central Government, being satisfied that It is necessary In the public Interest so to do, hereby exempts articles, falling under Heading No. 100.01 of the Tirst Schedule to the Customs Tariff Act, 1975 (51 of 1975) specified in column (1) of the Table hereto annexed, when imported into India by a passenger or a member of a crew as baggage from so much of the duty of customs leviable thereon which Is specified in tho said First Schedule, as ia excess of the amount calculated at the rate specified In the corresponding entry in column (2) of the said Table.

TABLE

Rate

Description of articles

(1)

(2)

Any artidii of a value In excess of the duty from allowance admissible to such passenger or

remember, under rule 3 of the Baggage Rules, 1978—

130 per cent ad valo rtm

(a) for the first Rs 2,000

200 per cent ad ralo rtm

(b) on the balance . . . . . . . . . ..

Explanation I — Where the value of any one article exceeds the duty free allowance admissible to such passenger or member under rule 3 of the Baggage Rules, 1978, the amount of duty shall be calculated only on the value in excess of the duty free allowance so admis- sible to the extent not availed of by such passenger or member for clearing any other articles of baggage, if any.

Explanatton-II — Where such passenger or member avails himself of the rate under clause (a.) of the said Table to the extent of Rs. 2,000/- on any article, he shall not be entitled to avail the said rate on any other article to that extent.

2. Nothing contained In this notification shall apply to —

(I) motor cycles, scooters or mopeds;

(ii) fire arms;

(iii) cigarettes, cigars or tobacco in excess of the quantity prescribed for importation free of duty under the relevant baggage rules; and

(iv) textile fabrics In excess of rupees five hundred in value.

Sd/ (J. SR1DHARAN)

UNDER SECRETARY TO THE GOVERNMENT OF INDIA F. No. Bud(Cus)/83.

56—2 Commcrce/83

AFPEND1X 3

EXPORT BAGGAGE RULES

BONAFIDE PERSONAL BAGGAGE OF A PASSENGER GOING OUT OF INDIA

For the purpose of exemption from export trade control restrictions bona fide personal baggage shall cover the follow- ing unused and used articles, upto the limits prescribed pro- vided that the articles arc meant for the personal use of the passenger or for the members of his family travelling with him and are not intended for sale or transfer to other parties.

The Wild Life (dead or nlive or part thereof or produce therefrom) specified in Part 'A¹ of Schedule I to the Exports (Control) Order, 1977, shall not be treated as constituting such personal baggage.

Note : Export of animal species included in any of the Appendices to the Convention on International Trade In Endangered Species of Wild Fauna end Flora (CITES) shall be subject to regulation under CITES and special examination by the Regional Assistant Director, Wild Life Preservation, Government of India.

A. Used Articles :—

fl) Wearing apparel.

Rs 3000/- This facility will also be allowed to foreigners who have been staying in India for a period of 2 to 3 years or more and thereafter go back to their countries.

(b) Casual visitors going abroad for short trips, Rs. 200 per head subject to a limit of Rs. 400 per family provided ths silverware Is in actual use of the passengers.

(c) Persons going out of the country after a prolonged stay will be allowed to take away the furniture which has been in their use.

fd) Persons going to live abroad for an Indefinite length of time of not less than 6 months will be allowed to take furniture Items for their own bona fide require- ments.

]

Note :—

fl) Indian Nationals emigrating to foreign countries or going abroad for indefinite stay may be allowed to take out silverwares upto Rs. 2,000/- In value with the permission of the Reserve Bank of India.

(ii) Gift articles made of silver will not be allowed to be sent out by Indian Nationals to relatives or friends abroad, irrespective of the value of such gifts.

fx) DruK,s and medicines Rs. 200 per family.

B. Mew Articles—

(1) Sewing threads—1 kg. per passenger.

(2) Dyes and colours, all sorts—500 gms. per family.

(3) Unexposed films—4 spools per passenger, provided the passenger Is taking out a camera.

(4) Exposed films in reasonable quantities.

APPENDIX S—conld.

(7) Processed trait products such as Jams, Marmalade*, Jellies and crystallised fruits, syrup and fruits, squashes—in reasonable quantities.

(8) Other food-stuSs such as sauces, condiment*, curry powder, tamarind, multispicea (other than pepper and chillies), cashew-nutt and walnuts—In reason- able quantities.

(9) Indian sweets and home-made sweets preparations—

In reasonable quantities.

(10) Indian piggery products, viz., lard, bacon and j a m-

in reasonable quantities.

(11) Textile and garments etc. of Indian manufacture

only :—

(a) Cotton cloth or garmenti.

(b) Silk or art silk cloth or garments.

(c) Woollen cloth.

There is no restriction on the export of the above-mentioned textile as bona fide baggage provided thehe aie not intended for commercial purposes or sale.

(d) Knitting wool 2.25 kg. per lady passenger only.

(12) Zari:

(a) per passenger—2.25 kj[.

LApoii. Ihe Cuoionii Coilecioi ma), uowever, In his discre- tion iclax the Export Imde Control restriction hi respect ot chc categories ot passengers mentioned below to the extent specified against ea;h category provided he is satisfied that (a) the goods are tor the bona fide requirements of the pon- acngers and i.b) the goods are mainly produced or manufac- tured in India :—

I. Bonafide Foreign Tourists :—Goods other than thoM specified in Part A of Schedule I to the Exports (Control) Order, 1977, may be taken to then* country of residence, witlv out any monetary limit, on production of documentary evid- ence to the Customs authorities that the goodi have been purchased against payment in foreign exchange. However, silverware will be allowed only upto Rs. 200/- per head subject to tiic limit of Rs. 400/- per family.

U. Passengers other than Foreign Tourists :—

Articles not exceeding Rs. 2000/- (Two Thousand Only) In value may be taken out by passengers other than foreign touiists. However, within the above limit, Silverware wUl be allowed only upto Rs 200/- per head subject to a maxjrnnm of Rs. 400/- per family.

3. Commercial Samples :—Commercial traveller) will bo allowed to take out commercial samples in reasonable quan- tities even if they consist of controlled commodities.

4. Foreign Exchange Regulations.

(b) per family—4.5 kg.

(13) Kashmir Artware In reasonable quantities.

(14) Curios of Indian make. "Not made of tiger, leopard or panther or any wild animal skins included in Part 'A' Schedule I to the Export (Conliol) Order, 1977".

To tourist without permit. Rs. 500 subject to the condition thftt goods do not fall under the purview of the Antiquities (Export Control) Act, 1947.

(15) New kitchen utensils.

Stainless steel and aluminium are decontrolled for export. In case any passenger desires to take the articles in excess of the prescribed limits, he should obtain permit from Assis- tant Collector, Preventive Department in respect of un- controlled article or from the Export Trade Control authorities In respect of controlled articles.

(16) Electric bulbs (foreign or Indian)-1 dozen per

family.

(17) Article made of peacock feathers—to runoji&M'

quantity.

(18) Manufactures and Products containing ivoiy— in terra;,

of the Export Policy in force from time to time,

C. Arms and Ammunitions.

(I) Personal arms and ammunition will be allowed to bo taken out provided the passenger has either a valid possession licence thereof or is exempted from having such a licence under the Indian Arms Act.

(II) A person who has purchased bonafldo replicas of anti- que weapons which have been rendered Innocuous in India intended for his personal use and desire to carry them upto four pieces only as part of his baggage while leaving India may be allowed to take these with hjm at the discretion ot the customs authorities not below the rank of an Assistant Collector of Customs at the port of departure on production of the voucher/sale memo certifying that the replicas have been inspected by the competent authorities.

2. Export Trade Control Restriction : Controlled articles not covered by the foregoing paragraphs require a licence from the Export Trade Control authorities for their legal (i) Indian Currency

Travellers going out of India have been prohibited from taking with them Indian currency notes and coins except to the limited extent aa indicated below :

(a) For presentational purpose* two piece* each of Rs. 50/- and Rs. 10/- corns wfth development oriented design in uncirculated quality.

(b) Per&ons proceeding to Nepal—Without limit (exclud- ing notes of the denominations of Rs, 100 or higher).

fc) Deck passengers to Burma, Malaysia* Singapore, Gulf Forts or East Africa—Not exceeding Ha. 20/- per person,

(d) Passengers to Bangladesh, Ceylon or Pakistan—Not

exceeding Rs. 20/- per person.

(li) foreign Exchange

(a) Any person proceeding from India may take with him freely foreign exchange in the form of foreign currency nottt coins, dialtd, tiaveliuw cheques oi letter ot credit obtained from ML authorised dealer in foreign exchange provUad accessary endorsement tn support of the Issue of such foreign exchange has been duly made on his passport by the con- cerned authorised dealer.

(b) General permission has also been granted by the

Reserve Bank of India.

(1) to any person to take to Nepal, currency notes or

coins of Nepal without limit;

(2) to any person, not ordinarily resident in India to take out of India an amount of foreign currency not exceeding the amount brought in by him In foreign currency provided that the amount had been declared by him to the Customs authorittei on arri- val in India on the prescribed form.

(3) to any person proceeding outside India other than those proceeding to Bangladesh, Bhutan end Nepal to take out any foreign currency notes and coins upto the equivalent of Tndinn Rs 200/- per person.

(4) to any person proceeding to Bangladesh to take oot any foreign enrrency notes and coins upto the equi- valent of Indian Rs. 100/- per person.

(iii) Jewelleiy

(a) Son gold jewellery :—Any persons may take out of

India at any one time precious stone* and Jewellery, other than articles made wholly or mainly of gold as Indicated below :—

(i) Travellers to Afghanistan, Iran or Oulf Coun- tries In the Middle East—Ri. 2.000/- In value.

(11) Travellers to any other country or place

Rs. 1.000/- In value.

Exception—Any person other than a person domiciled hi India may take out with him any precious stones or jewellery brought by bim into India on his arrival in the country without limit and precious stones or jewellery other than articles made whol- ly or mainly of gold purchased by him In India upto a further Rs. 10,000/- In value.

(b) Gold Jewellery:—General permission has been gran- ted by the Reserve Bank to any person ordinarily resident in India to take at any one time out of India personal jewelleiy made mainly or wholly of gold upto Rs. 5000/- in value, which Is worn on his person or which form part of his personal baggage.

Exception—Any person not ordinarily resident in India may take out from India, jewellery made mainly or wholly of gold, without limit provided that the jewellery was previously brought by him into India from abroad with the permission of the Customs authorities. Such a person may also take at any one time out of India, jewellery made mainly or wholly of gold upto Rs. 2.000/- in value pur- chased by bim in India.

(iv) Gold and articles made of gold other than jewellery.

The export of gold coins, bullion. Ingots and articles (other than jewellery) made wholly or mainly of gold is prohibited unless specially permitted by the Reserve Bank of India.

5. Export of Securities :—The taking or sending of any securities to any place out side India is prohibited, except with the special permission of the Reserve Bank of India.

6. Export declaration Form :—All passengers are required in file a Custom Export Declaration form wnich will be sup- plied to them free of charge at the time of embarkation by the Customs Officer on duty.

7. Export Certificate :—Passengers are advised to obtain ex- port certificates for those articles of personal property which arc intended to be reimpoited into India to ensure that they do not have to pay duty on their subsequent re-import.

APPENDIX 6

IMPORT OF CARS, STATION WAGONS, JEEFS MOTOR CYCLES, SCOOTERS, AUTO CYCLES,

MINI CARS AND MOPEDS

Eligibility

Category

Requisite conditions Category

Requisite conditions

(2)

(1)

(1)

(2)

(I) As Gifts:

(i) gift has to be by a parent (i) continuous slay abroad for at least one year.

only.

(A) Indian nationals return- ing to India for permanent settlement.

(B) Foreign ladies (Including persons of Indian origin) married to Indian na- tionals.

(ii) vehicle purchased out of

(H) photostat copy of the marriage certificate.

own earnings.

(iii) parent's certificate in original that it is an unsolicited gift, sup- ported by banker's certificate regarding financial status of donors.

(ill) affidavit sworn before appropriate authority that he Is returning to India for permanent settlement.

(iv) to be only once in appli-

cant's life time.

(2) Otherwise i

(1) applicant's financial status before marriage, supported by employer's certificate/income tax certificate/banker's cer- tificate.

(Iv) Normally, the vehicle to be Imported should have been used abroad by the applicant for at least three months; how- ever, in specific cases, import of a newly pur- chased vehlclo may be allowed.

(ii) affidavit sworn before appropriate authority that the applicant is already settled in India or coming here for good.

(C) Foreign Nationals employ- ed in India in public or private sectors.

(i) assignment in India to be for minimum period of one year, supported by employers ceriificant In original

Note i Foreign nationals of Indian origin coming to India on specific assignment like other foreign nationals, will be treated on par with foreign nationals in this regard.

(D) Self-employed foreign

nationals.

(1) Slate/Central Govern- ment cer ideate stating the nature of applicant profession and reiions justifying Import.

(v) Import application should be made while the applicant is still abroad or within two months of his arrival In India, and the vehicle should not be purchased till the issue of customs clearance permit. (The condition regarding purchase of vehicle be- fore the Issue of CCP will not apply where the vehicle to be Imported Is the same which has been In use abroad by the ap- plicant for at least three months).

(11) Full landed cost to be paid In foreign exchange by the applicant.

(E) Otner Foreign experts

Note : (1) Foreign nationals of Indian origin coming fo India for good will be treated on par with Indian nationals in this regard.

(under Aid-Programmes) non-diplom"tlc/home- based staff.

(i) Certificate of assign- ment/employment from concerned Government Department, Embassy, with general particulars of nature of work and lilely tenure, etc. as well as particulars of Aid Programme as appli- cable.

(11) purchase Invoice/regis- (2) In the case of husband and wife, If other condi- tions are fulfilled. Import application made by either of them may be considered In respect of a vehicle purchaasd out of the earnings of the other. This will, heiwvw, be subject to production of an affidavit by tbe husband or wife, as the case may be, that no separate application for import of another vehicle shall bo made.

tration certificate of ownership of the cars being imported.

APPENDIX 6—Contd,

(ill) Categories (C, D & E)—The vehicle shall bo re- exported when the importer leaves India, except for a short viait abroad not exceeding 3 months at a time. The importer may also be permitted by the licensing authority concerned to sell the vehicle in India to another eligible foreign national subject to the conditions indicated in para 7 below, or to any other person/agency subject to such terms and other condi- tions as to the transferee, price etc., as may be specified by the licensing authority.

(iv) Category ( F ):

(a) Car shall not be allowed to be sold or otherwise disposed of or possession parted with, or pledged, mortgaged or hypothecated, at any time. How- ever, in special circumstances, and for valid resaons, and subject to such conditions as may be laid down, the Chief Controller of Imports & Exports, New Delhi, may, request, relax his condition.

(b) The licence holder shall produce his driving licence within 6 months from the date of import, to the licensing authority with whom No Sale bond i" executed.

(y) Category I:

(a) The car shall be held on account of the foreign colla- borators and shall not be sold or otherwise disposed of or possession parted with Dr pledged, mortgaged or hypothecated, at any time, without the prior written permission of the Chief Controller of Imports & Exports, New Delhi, and subject to such conditions as may be laid down

(bi This condition shall also apply to all ca*e" hi which import licences have already been issued but the bond has not vet been accepted bv the concerned licensing authority.

4. Licence holders of Categories (A) and (B) shall not leave the vehicle In India while going abroad on visit* likely to exceed one year Tn any case the vehicle should be In the custody of another member of the familv only and none else during such absence If the licence holder ha* to go abroad for more than one year, he should report the matter bv Regis- tered Post A.D., to the licensing authority with whom the Bond had been executed, giving reasons for his (extended) "tay and the proposed date of return.

5 For periods of sMy abroad exceedlna one year, the licence holder would be obliged to extend the bond period by the neriod of such overstay, unless the licensing authority exempt" him from doing so. Tn case the total period of stay abroad fa likelv to be more than two years, prior written permission "f the licensing authority would be mandatory in all cases Failure to do so would entail the confiscation of the imported vehicle.

6 The licence holder will be free to re-export the vehicle ta the event of his leaving the country for food but he should keep the licensing authority informed before hand.

7. A foreign national licensee will, however, have the option to sell the vehicle in India to another foreign national, provided (a) the buyer is eligible himself to Ita import, nnder the poifcv In force, (b) its price and connected expenditure js paid bv thr buver from his personal funds abroad without in anv way. involving; remittances from India, (c) the buver undertakes to abide bv the same conditions subject to which the import had heen allowed, and (d) the bnyeir execute* a bond backed bv a bank guarantee to meet these requirement* to tho satisfaction of the Licensing Authority.

8. After the vehicle Is cleared at the port and the bond bat been executed, the licence holder will immediately keep the licensing authority at the port of disembarkation of the vehi- cle, informed of his (intended) regular address in India i.e. the place where the car will be kept and used. The bond and other papers relating to his case will then be transferred to the licensing authority under whose iurisdlction the said addiess would be situated. Thereafter all further correspon- dence should be with the latter authority only and the rights and obligations under this policy would be exercisable by him.

9. The licence holder should produce on demand evidence satisfactory to the Chief Controller of Imports and Export* or to the licensing authority or any other Government authority (Central or State) concerned with the Motor Vehicle Act* the Police or imports control to prove that the vehicle conti- nues to be in his owneiship and possession during the period.

10. Persons given possession of or negotiating the purchase of a vehicle imported under this policy should, in their own interest, ensure that they are themselves freeto do so. i.e the vehicle can be ir> their possession or ownership In terms of tbJw DOlicy and relative Bond. The onus of proof will be on them to do so. Vehicles found in the possession of unauthorised persons under this policy will be liable to confiscation uncoil' dltionally

11. Applications not covered by the above provisions may be dealt with ad hoc on merits, by the Chief Controller of Imports and Exports, New Delhi.

12. Cases in which operation of the existing condition* create genuine difficulties and hardship may, on rcqueit be considered by the CCI&E, New Delhi, for such relaxation a* he may consider necessary

13. Notwithstanding any of the provisions made above, the Chief Controller of Imports & Exports New Delhi may re- iect any application where he is not satisfied about the justi- fication for import of a vehicle.

ANNEXURE TO APPENDIX 6

Application form for Categories A. B, C, D. E & F, fi) Indian Nationals returning to India for good, (ii) Foreign ladies (including persons of Indian origin) married to Indian nationals, (iii) other foreign nationuls, and (iv) physically handicapped individuals.

1. Name of applicant

2. Nationality.

3. Designation/professional status,

4. Full address abroad.

5. Full address in India.

6. Purpose of visit abroad and duration of continuom

itay.

(Applicable only to Indian nationals returning to India).

7. Proposed date of leaving for India and arrival in

India.

8. Likely period of stay in India.

9. Make and Model of vehicle and c.i.f. value.

tO. Country of Shipment. 11, Date of purchase/registration and period of ownership.

12, In case the car in already imported please state whether the car/vehicle has been brought into India under ' TriptyqueVCarnet-De-Passage and. if so, the date of the import and number and validity of the Carnef (photostat copy of the Carnet may be enclosed).

13, Manner hi which foreign exchange was found for

purchase of vehicle.

APPENDIX (,—Contd.

14. Foreign exchange if any taken /drawn under permis-

(b) Declaration to meet full landed cost (I.e. Including

sion from R.B.I, within las) two years.

customs duty) in foreign exchange;

(c) Foreign banker's certificate showing applicant's finan-

(Applicable only to Indian nationals returning (or

good).

cial status.

(a) Baiic quota

E. Physical handicapped—

(b) Special quota

(a) Medical Certificate from the State Civil Surgeon or'

(please also Indicate if the foreign exchange to

drawn has been refunded).

Head of concerned wing in the Government Hospi-

tal detailing nature of disability and reasons Justi-

fying car with special controls;

15. Purpose for which car is needed in India.

(b) Donor's confirmatory letter (in case the oar is •

gift).

16. Whether applicant, bit wife/husband/dependent baa

ever Imported a car Into India, and if to, full parti-

cular* with CCP /licence number.

Declaration :

17. Whether an application for import of car etc. was

made previously and if so. with what result (full

reference should be quoted).

18. (a) Preferred port of disembarkations of car In India.

(b) State In which the car will be used, i.e., it will be

regularly registered In India, l.e after the provi-

sional or temporary registration is done at port,

I hereby declare that the above statements are true and

correct to the best of my knowledge and belief and I fully

understand that any Hcence/CCP claimed or granted to me

on the basis of the above statements is liable to cancellation,

in addition to any other penalty that the government may

impose or any other action that may be taken having regard

to the circumstances of the case if it is found that any of

the statements or facts therein are incorrect or false.

19. Documents to be enclosed with the application:—

Dated the

(a) Voucher of the payment of application fee (in

Ends:

original).

Signature

(b) Photostat copy of the pwchoM/Proforma In-

voice/Registration Certificate.

Name (in Block letters)

Full address

(c) Statement of applicants' earnings abroad prior to

purchase of the car, supported with Employer's

Certificate, Income-tax Certificate/Banker's

Certificate, whenever required under the policy.

(d) Affidavit sworn before appropriate Indian Gov-

ernment authority or Notary Public (abroad)

that the applicant Is returning to India for good.

FORM OF AFFIDAVIT to be executed by Indian national!

coming to India for permanent settlement.

20. Additional documents to be enclosed for specified

category of applicants :—

A. Foreign ladies married to Indian nationals (hi the case

>f gifts).

1. (Name ) S/o resident

of

holding Indian Passport

No. dated do hereby

declare and affirm as under :—-

(a) Oonfimatory letter from the parent declaring the

unsolicited nature of the gift (In original);

(1) That I have continuously been residing abroad since

, except for the following periods

(b) Photostat copy of the marriage certificate;

when I visited India :

(c) Banker's Certificate regarding financial status of the

donor (in original).

(1)

(U)

(III)

(2) That I shall be returning to India for permanent

settlement hi

(month/year).

(d) An affidavit on stamped paper sworn before a

magistrate or Oath Commissioner or Notary Public,

both from the applicant and her husband, affirming

that they are permanently settled in India and have

not Imported any other car previously.

(3) That the vehicle proposed to be Imported by me has

been purchased out of my own earnings abroad.

(4) That the vehicle has been registered abroad in my

(e) Photostat copy of passport of applicant and her

husband showing the nationality at the time of their

marriage. If husband has no passport, he should

give an application showing his nationality.

name and its registration No. Is .

DEPONENT

B. Foreign nationals employed In India In Public or private

sectors.

Application form for Categories G, I, J. K, L, M.

(a) Employer's certificate showing period of assignment

(i) Branches/Offices of foreign institution (corporate or

In India (In original).

otherwise);

C. Other foreign experts (under Aid Programmes),

non-diplomatic—Home-based staff—

(ii) Air Companies (applications are to be routed

throuRh the Department of Civil Aviation. Ministry

of Tourism & Civil Aviation);

(111) Rupee Company having foreign collaboration;

(a) Certificate of assignment/employment from concerned

Government department/Embassy, with genera] par-

ticulars of work and likely tenure (in original).

(Iv) Indian firms executing contracts;

D. Self-employed foreign nationals—

(v) Accreditted Journalists/correspondents of foreign

News Agencies (applications are to be routed

through the Press Information Bureau); and

(a) State/Central Government's certificate stating the

nature of nplicant's profession and reasons justify-

bis import;

(vl) Charitable and Missionary Institution* In India.

ANNH.XURE TO APPENDIX 6—Conid.

1. Name of the applicant

2. Nationality and deiignatlon/professional itatiw [appli-

cable to category (v) only].

3. Full lettistered address abioad

undeistaad that any llcence/CCP claimed or granted to me

on the basis of the above statements is liable to cancellation,

in addition to any other penalty that the government may

impote or any other action that may be taken having regard

to the circumstances of the case if It is found that any of

the statements or facts therein nre Incorrect or false,

4. Full registered address in India.

Dated the

5. No. of Branches with their addresses in India.

6. Nature of business/assignment in India.

Encli:

7. Make and model of vehicle with c.i.f. value.

Signature

8. Purpose for which cor is needed in India.

Name (in Block letter*)

9. Voucher/ Receipt showing payment of application fee.

Full address

17. Additional documents to be enclosed for specified cate-

gories of applicants :—

10. Purchase/Proforma invoice/Registration Oetrtlflcate.

11. In caw the car is already Imported please state

whether the car/vehicle has been brought Into

India under TriptyciueVCarnet-De-PassaBe and If

so, the date of the import and number and validity

of the Carnet (photostat copy of the Caraet may be

enclosed).

A. Rupee Company having foreign collaboration—

12. Manner in which foreign exchange wan found outside

India for purchase of vehicle, suported with confir-

matory letter (In original) from overseas principals/

Head office donors, wherever car is a (ttft.

(a) Photostate copy of the technical collaboration agree-

ments in terms of which foreign experts /technicians

Directors are required to visit India from time to

time.

B. Indian firms executing contracts abroad

(a) Photostat copy of Letter of R.B.I./Government of

Indian sanctioning the contract,

13. Wherever Customs duty la payable hi foreign ex-

change, Confirmatory Letter (In original) from over-

seas Principal /Head Office that such duty will be

met by them in foreign exchange.

(b) Sanction of R.B.I, conveying approval to purchase

14. Full particulars, details of imported cars If any,

of car/cars abroad.

either by way of direct import or through

transfer from any other person/agency in India.

(c) Certificate/documentary evidence to show that con-

tract/job work abroad has been completed.

C. Charitable and Missionary Institutions—

15. Whether an application for Import of car was made

previously; if so, with what result (quote full refer-

ence).

16. Proposed date of shipment of car.

(a) Port of disembarkation hi India.

(b) State hi which car will be required in India.

(a) Certificate from concerned Government authority

to the effect that the institution to "an established

one, and has been functioning for the benefit of the

community, Irrespective of the consideration of

caste, colour or creed."

Declaration

(b) Declaration that the vehicle in question is a gift and

no remittance in foreign exchange from India for the

purpose is Involved,

I hereby declare that the above statements are true and

correct to the best of my knowledge and belief nnd I fully

57~-2 Lommetce/t3

APPENDIX t

SPECIMEN BOND FORM TO BE EXECUTED BY IMPORTERS OF CARS ETC. AS PERSONAL BAGGAGE

of

KNOW ALL MEN BY THESE PRESENTS lhal We (1) (hereinafter called the importer which expression shall where the context M> admits include his/their respective heirs, executon, ad- ministrators and legal representatives/successors and permit- ted asslgni) and (2) of (hereinafter called 'the surety' which expression (hall where the context so admits Include his/their respective heirs, executors, administrators and legal representatives/successors and permitted assigns are held and firmly bound jointly and severally unto the President of India to pay to the President of India through the Joint/Deputy Chief Controller of Im- ports and Exports for the time being on demand and without demur the sum of Rs for which Dayment will and truly to be made we bind ouraelvei firmly by these presents

Dated this the day of 19 . Whereas the Joint/Deputy Chief Controller of imporU It Exports, Government of India.

(herein referred to as the said Joint/Dy. Chief Controller of Imports & Exports which expression shall Include the per- son for the time beings performing the duties of the Joint/Dy. Chief Controller of Imports & Exports ) has permitted clearance of more fully described in the Schedule hereunder written imported in India by the Importer.

Now the condition of the above written bond arc such

that :—

1. If the said importer re-exports the car at the time of his leaving from this country or had taken prior permission of I.T.C. authority for leaving the car in India while pro- ceeding abroad for a period exceeding six months.

and

2. If the said importer shall not sell, pledge, mortgage, hypothecate or part with the possession of the said car or otherwise dispose of the car, then the above written bond (hall be void and of no effect otherwise the same shall be and remain in full force and virtue. And it is hereby fully agreed and declared between the parties as follows ;—

(a) That the above written bond shall remain In full force and effect for the period of yean from the dale of importation of the said and shall be deemed to be renewed for such further period a* the Joint/ Dy. Chief Controller of Imports & Exports may require any time before the expiry of the said period.

(b) Any forbearance act or omission on the part of the President of India to enforce the bond aaalnst ihe Importer (whether with or without the knowledge or consent of the surety) shall not In any way release the said surety from his liability under the above written bond;

(c) That this bond Is entered into under the order of the Central Government for the performance of an act in which Lhe Public are interested;

(d) The importer shall produce evidence that the car as In his possession and ownership whenever demanded by the Chief Controller of Imports and Exports or anv licensing authority; and

(e) The importer shall cot leave the car In India while going abroad except on short visits for which permission from the licensing authorities shall be obtained for leaving the car with his close relations.

(f) Any breach of terms and conditions of this bond will render the importer liable to penalties as provided under the Imports (Control) Order, 1955, as amended, over and tbove bis liability for payment of the amount of the bond.

SCHEDULE OF GOODS FOR CLEARANCE

AS WITNESS THE hands of the parties the

days of 19

Signed by the above named Importer in the presence of Signed by the above named surety, in the presence of Accepted by for and on behalf of the President of India

APPENDIX—7

LIST OF SPONSORING AUTHORITIES

Industry

Spomoring Authority

I. Scheduled industries borne on the registers of DGTD.

2. All SSI units.

3. Film studios, cinema houses, film processing labora- tories, studio equipment hirers and any other unit rela- ted to the film industry.

4. Coffee Industry/Plantations

5. Coal & Lignite

6. Coir Industry (including rubberised coir products)

7, Cold Storages (for Horticultural products).

8. Cardamom Plantations

9. Computer system (including tbelr spares)

10. Explosive.

11. Fishery industry (including cold storage facilities of other than seagoing vessels)'

12. Fishing trawlers.

13, Fruits and vegetable preservation Industry,

14. Handlooms.

15. Handicraft.

16. Irrigation Projects.

17. Jute industry, Rope industry using sisal or manila fibres. Jute-textile engineering industry and wooden accessory industry for jute mills.

18. Mines (other than collieries).

19. Newspaper establishment.

20. Petroleum Industry.

21. Pharmaceutical industry and cosmetics (Including tooth powder) industry.

22. Power supply and distribution undertakings,

23. Units/Subsidiaries of Steel Authority of India Limited (SAIL).

24. (a) Tata Iron and Steel Company Limited. ~\ (b) Vtevesvaraya Iron & Stool Limited. f (c) Other units directly administered by the i- Department of Steel.

f

25. Other units in the Iron and Steel Sector Including Electric Arc Furnace Units, Re-rolling units. Secon- dary producers.

26. Printing establishments, publishers, construction agen- cies, advertising agencies, Service Stations and other maintenance workshops.

DOTD

Director of Industries of the concerned State, (See note below)

Director of Industries of the concerned state or Natiolnal Film Development Corporation

Chairman, Coffee Board. Bangalore.

Deptt. of Coal, New Delhi,

Chairman, Coir Board, ErnakuUm

Agricultural Marketing Adviser, Oovt. of India, Faridabad.

Cardamom Board, Ernakuiam

Deptt. of Electronics, New Delhi

Chief Inspector of Explosives, Nagpur

State Director of Fisheries.

D.O.T.D.

Executive Director (Department of Food and Nutrition Board), New Delbf.

State Director of Hadlooms.

All India Handicrafts Board.

Central Water Commission, Now D^lhi.

Jute Commissioner, Cilouttn.

Cuniroiier, Indian Bureau of Mines, Nagpur.

Registrar of Newspapers for India, New Delhi.

Ministry of Petroleum, Chemicals & Fertilizers, New Delhi.

State Drugs Controller (or other such authority of the Stata Govt.).

Central Electricity Authority, New Delhi.

Steel Authority of India Ltd., (SAIL) Head Office.

Department of Steel. Ministry of Steel and Mines, New Delhi

Iron and Steel Controller, Calcutta.

State Director of Industries (who may. If necessary, con- sult other technical experts of the State Government),

Industry

Sponsoring Authority

27. Rubber plantations.

Chairman, Rubber Board, Kottayam.

28. Sugar Industry.

Chief Director of Sugar, Deptt. of Food, New Delhi.

29. SUk Industry/Silk Fabrics/Sericulture.

Centra] silk Board, Bombay.

30. Shipping Industry/Shipping Companies.

(a) Sea-going vessels,

Director General of Shipping " \ \ ,,

(b) Inland steam and motor vessels,

(o) Ship repairi.

Principal Officer, Mercantile Nanne Department of the area

concerned.

Director General of Shipping, Bombay.

31. Salt Industry.

32. (a) Textile Industry other than jute,

Salt Commissiorer, Govt. of India, Jaipur.

and silk,

,

(b) Textile engineering industry,

(c) Powerloom industry.

(d) Readymade garments (other than

Textile Commissioner Bombay

hosiery),

(e) Crimping TexturUing and Draw-

texturlsing units.

33. Tea industry/plantation/Tea bag Industry.

Chairman, Tea Board, Calcutta.

Department of Civil Supplies and Co-operation, New Delhi.

34. Vanaspati.

State Director of Industries or any other concerned Depart-

ment of State or Central Government.

33. Units Including cottage Industry and AU. (Non-

industrial)—(Service maintenance) jobbing units, for

which no sponsoring authority has been specifically

mentioned above.

Note : —(1) The sponsoring authorities shown against S. No".

14, 15, 17, 21, 32 and 33 above will also be the

sponsoring authorities in respect of SSI units of

these Industries.

(2) The Chairman, Rubber Board, Kottayam will

also be the sponsoring authority for import of

machinery required by Rubber Plantation for

the purpose of processing rubber from trees to

marketable form as raw rubber.

(3) In case of fish net making macinery, Minisuy of •

Agriculture, New Delhi will also be con'ulttd

by the sponsoring^ authority concerned before

recommending import "application.

APPENDIX—8

LIST OF REGIONAL LICENSING AUTHORITIES (WITH THEIR POSTAL AND TELEGRAPHIC ADDRESSES)

AND JURISDICTION

Telegraphic Address

o. Licensing authorities

Jurisdiction

SI. Ni

(4)

(2)

(3)

(1)

West Bengal, Slkkim and Union Terri-

(1)

CONIMPEXTRA

CALCUTTA

The Joint Chief Controller of Imports and Exports

4, Explanade East, Calcutla-700069.

tory of Andaman & Nlcobar.

CONIMPEXTRA

Maharashtra.

(2)

BOMBAY

The Joint Chief Controller of Imports and Exports,

New Central Govt. Offices Building, S. E. Wing,

New Marine Line's Churchgate, Bombay-400020.

CONIMPEXTRA

Tamil Nadu.

(3) The Joint Chief Controller of Imports and Exports, 3-Vijayragbava Road, T. Nagar, Madras-100001.

MADRAS.

(4)

CONIMPEXTRA

NEW DELHI

The Joint Chief Controller of Imports and Exports,

Central Licensing Area, Indraprastha Bhavan, 'A

Wing, New Delhi-110002.

Delhi, Haryana and five districts of

Uttar Pradesh, namely, Meerut,

Ghaziabad, Bulandshahr, Muzaflar-

nagar and Saharanpur.

CONIMPEXTRA

(5)

KANPUR

The Joint Chief Controller of Imports and Exports, i

17/194, Swaroop Nagar, Kaupur-208002.

Uttar Pradesh except those areas which ara

Under the jurisdiction of Joint Chief

Controller of Imports & Exports

(CLA). New Delhi.

(6)

CONIMPEXTRA

HYDERABAD

The Joint Chief Controller of Import* aud Exports,

Damayanthl Chambers, 2nd/3rd floor, 5/9/22/1,

Adarshnagar, Ritz Hotel, Hyderabad.

Andhra Pradesh excluding areas in

the Jurisdiction of Controller of

imports & Exports, Visakhapatnam.

Karnataka.

(7)

CONIMPBXTRA

BANGALORE.

i The Joint Chief Controller of Imports and Exports,

7th Floor, Caveri Bhawan, P.B. No. 9688, Banglore-

560006.

i ->

CONIMPEXTRA

AHMED ABAD.

Gujarat State excluding areas falling

under thejurisdiction of Rajkot and New

Kandla offices.

The Joint Chief Controller of Imports and Exports,

•A' Block ,11th Floor, Oovt. Multistoreyed Building,

Laldarwaja, Ahmedabad-3 80001.

Kerala and Union Territory of Lak-

shadweep.

The Deputy Chief Controller of Imports and Ex-

ports, T.D. Road, Emakulam, Cochln-682011.

CONIMPEXTRA

ERNAKULAM

CONIMPEXTRA

Madhya Pradesh.

,10)

BHOPAL

The Deputy Chief Controller of Imports & Exports,

Illrd Floor, Guru Teg Bahadur Complex, New Mar-

ket, Bbopal-462003.

i The Joint Deputy Chief Controller of Imports and

CONIMPBXTRA

Punjab.

(11)

Exports, CBR, Building, Mall Road, Amritsar.

AMRITSAR.

Rajasthan.

1 The Deputy Chief Controller of Imports & Ex-

CONIMPEXTRA

el?

ports, Udyog Bhavan, Tilak Marg, Jaipur-302003.

JAIPUR.

CONIMPEXTRA

i The Deputy Chief Controllei of Imports and Ex-

Assam, Arunachal Pradesh, Nagaland

(13)

ports, Rajgarh Road, OauhatI-781003.

and Manipur.

GAUHATI.

I Tb* Asilatam Chief Controller of Importi A Bxporti,

Meghalaya.

<"41

MtreDo Building. Shillong, MeghaUym-790001.

CONIMPEXTRA

SHI1XONO.

CONIMPE>TRA

Goa, Daman and Diu and Dadra and

a*

) Tfct AMlitant Chief Controller of Imports A Export*,

Atbtrwad Building, Samta-Imez Panjun (Goa>403001.

PAN JIM.

Nagar Haveli.

) The D"puty Assistant Chief Controller of Imports i

(is:

Exports, Residency Road, Srinagar 180001.

t CONIMPEXTRA

SRINAGAR.

Jammu & Kashmir (Note—During winter,

a camp office will function at Jammu

(Exhibition Grounds), for seven days In

each month as per announcement to

be made from tune to time by Assliant

Chief Controller of Imports & Exports,

Srinagar).

i The Assistant Chief Controller of Imports & Exports,

Trlpura and Mizoram.

(17)

CONIMPEXTRA

AGARTALA.

B. K. Road, Palace Compound, Agartala-799001.

CONlMPiEXTRA

Kutch District of Gujarat and New

(is;

GANDHI DHAM.

Kandla Free Trade Zone.

) The Assistant Chief Controller of Imports & Exports,

Adminsitrative Building, Kandla Free Trade Zone,

Gandhi dham (Kutch)-370301.

) The Deputy Assistant Chief Controller of Imports &

CONIMPEXTRA

Bihar.

(is:

Exports, Blscomann Bhavan, Patna-800001.

PATNA.

) The Assistant Chief Controller of Imports & Exports,

CONIMPEXTRA

Himachal Pradesh and Union Territory

(20

Sector-35 SCO-288, ChandIgarh-160023.

CHANDIGARH.

of Chandigarh.

APPENDIX-8(Co"tf.)

Telegraphic Addreu

Licensing Authority

SI. No.

2

3 1

Jurisdiction

4

Orissa.

(21)

The Assistant Chief Controller of Imports & Exports, Swastayana Barjakabati, Road, Cuttack-752001.

CONIMPEXTRA CUTTACK.

The Districts of Gujarat State known ai (22)

CONIMPEXTRA RAJKOT.

The Assistant Chief Controller of Imports and < Exports, Desai Building, Bhupindra Road, New Town Hall, Rajkot-36001.

(23)

Saurashtra (excluding Kutch).

Electronics Export Processing Zone-

SEEPROZONE

BOMBAY The Deputy Development Commissioner (Imports & Exports), Electronics Exports Processing Zone, Santa Cruz, Bombay.

Santa Cruz, Bombay (SEEPZ).

CONIMPEXTRA

24) The Assistant Chief Controller of Imports & Exports ' P. B. No. 14, Pondlcherry-605001,

Union Territory of Pondicherry, Karaikal Mahe and Yaman.

PONDICHERRV

CONIMPEXTRA

(25)

VISAKHAPATNAM.

The Assistant Chief Controller of Imports & Exports, Near CISF Quarter General & Quarter Master Stores, VisakhaPatnam-530035.

The District of Srlkakulam, Visakhapat- nam, Eajt Godavari and west Ooda. vari of Andhia Pradesh.

APPENDIX 9

THE PROCEDURE FOR DEPOSIT/REFUND OF IMPORT APPLICATION FEE AND OTHER ITC DEPOSITS

PAYMENT OF FEES

manner. The particulars of the receipt i.e. licensing period, the amount remitted, the date of payment etc. should also be stated in the affidavit.

REFUND OF APPLICATION FEES

(1) (a) Unless an applicant is exempt from payment of fees under Clause 4 of the imports (Control) Order, every Hpplication for an import licence/CCP should be accompani- ed by a bank receipt indicatinE the deposit in accordance with the prescribed scale of fee as per the Schedule III of tho Imports (Control) Order. The deposits should bo made along with the relevant form/T.R. 6 clearly indicating the head of account as mentioned below : —

(b) Import licence application fee—Subordinate to the Major Head 097-Foreign Trade and Export Promotion. The bank receipt must show the name of the department viz. "Tmport and Export Trade Control Organisation and particu- lars of the application for the grant of import licence namely, description of Roods for which the licence is applied for with their value and the licensing period, in the column "full particulars" in the form. Application must also contain de- tails of the bank receipt under which the requisite fee has been deposited. The deposits should be made in any one of the branches of the Central Bank of India which have been authorised to receive application fee and other ITC deposits. A list of branches of the Central Bank of India which have been so authorised to receive the application fees and other ITC deposits is mentioned in this Appendix.

(c) In no case, the fees should be deposited in a Treasury.

Treasury Receipts will not be accepted.

(a) Application fee once deposited is not refundable, except in. the circumstances in clause 4 of the Imports (Control) Order.

(b) Where the applicant is eligible for refund of applica- tion fee, an application for refund in the prescribed form given in this Appendix may be submitted to the licensing authority within whose jurisdiction the fees was paid. While making an application for refund, the original bank receipt should bo enclosed with the application for the licence, the duplicate bank receipt may be furnished. In all the cases, the number and date of the bank receipt and the name of the bank where the fees was deposited should be given.

(c) In cases of refund of fees where the amount had been deposited by means of a bank draft, in addition the applicant should furnish the :—

(i) Demand draft No. and date of issue.

(ii) Name of bank and address of branch which issued

the demand draft.

(iii) The bank on which the demand draft was made

(i.e. the paying bank).

FACILITY Oh' REMITTANCE THROUGH A BANK

DEMAND DRAFT

(ii) '(a) However, where the applicant is located in a place which docs not have any authorised branch of the Central Bank of India, the facility of remittance of applica- tion fee and other TTC deposits through a crossed demand draft; on a scheduled bank will also be available. Such demand drafts for the requisite amounts should be made out in favour of the concerned licensing authority who will de- posit the bnnk drafts in the Central Bank at the same station where the licensinK authoriy has bank account. At places where there is no branch of the Central Bank of India demand drafts received in. favour of the licencing authority can be endorsed to the Pay & Accounts Officer concerned for credit to Government account. The jurisdic- tion ofi the various Pay and Accounts Officers is also indi- cated later in this Appendix.

(b) Wherever the facility of remittance through demand draft is availed, the crossed demand draft should be enclosed with the application and sent to the licensing authority con- ccrned.

(iv) The name of the person in whose favour the demand

draft was made payable.

The licensing authority on receipt of application shall pass refund after they have verified from the Pay and Accounts Officers concerned that the amount in question has been credited to the Government of India.

Normally, no application for refund will be entertained un- less detailed reasons for claiming the refund are mentioned by the applicant and the refund is sought to be made within one year of the deposit. However, for genuine reasons, the licensing authorities may condone, the delay but in no case shall an application for refund of fees be entertained after the expiry of three years from the date on which the right to have refund of fees accrued.

EXEMPTION FROM PAYMENT OF FEES

(iii) (a) The categories of applicants who have been exempt from payment of fees is given in clause 4 of the Imports (Control) Order, 1955. Also, no fees is leviable on applications where the goods sought to be imported are ac- quired for personal use of the applicants (i.e. for purpose* not connected with the trade or manufacture), Irrespective of the value of such goods. This exemption, however, is not applicable to import of cars and other vehicles.

(b) Wheiever, the applicant is exempt from payment of fees, he should clearly state so in his application in the column pertaining to bank rece:pt/bank draft No. and date indicating the provision under which he is so exempt.

(d) In case of refund of fees where the amount had been deposited in the Treasury before 1-7-76, the number and date of the Treasury Challan and the name of Treasury should be quoted on the application for refund instead of the Bank Receipt number etc. In these cases, original credit should be got verified and the fact of refund got noted by the con- cerned Treasury Officer before submission of the Refund Bill to Pay & Accounts Officer for Payment.

(e) While considering refund applications, the licensing authorities may call for any information/details from the applicant.

(f) In cases, where the applicant has lost the original bank receipt the licensing authority may accept a certificate from the bank or Pay and Accounts Officer (Commerce) in sup- port of the fact that the amount had been deposited. In such cases, where the original receipt is not available the applicant will be required to file an affidavit containing same particulars as mentioned above.

WHERE BANK RECEIPT LOST

(iv) In cases where the applicant has misplaced the origi- nal receipt, (he applicant should file an affidavit on a stamped paper to the effect that the bank receipt in question has been lost or misplaced and has not been utilized in any other man- ner. Further, ho should also mention that if the original receipt is found subsequently it shall be returned to the licen- sing authority concerned and shall not be utilised in any other (g) Refund order of fees will be valid for three months from the date of issue. Request for revalidating the same, may be considered on merit by the authority which issued the refund order for a period not exceeding nine months from the date of expiry of the refund order.

(h) Tn cases where the licensing authori'y rejects the request

for refund, it would Indicate the reasons for such rejection.

APPENDIX 9—contd.

ANNEXURB I

LIST OF THE CENTRAL BANK OF INDIA BRANCHES AUTHORISED TO RECEIVE PAYMENTS FOR IMPORT

LICENCE APPLICATION FEE AND OTHER IMPORT TRADE CONTROL DEPOSITS

District.

Address of the branch

District.

Address of the Branch

SI. No.

SI. No.

2

i

~\

ANDHRA PRADESH

Hazaribagb.

23.

Hyderabad.

1.

Samgarb National Hlghway-33

P. O. Ramgarh Cantt.

Hazoribagh.

Bhagalpur.

24.

"-l-10631 E. 1st Floor,

Raj Bhawan Road, Khairatabad,

Hyderabad-500004.

East Oodavarl

2.

P.B. No. 38, Navketan,

Dr. Rajendra Prasad Road,

Bhagalpur-812001.

Monghyr,

23.

P.B. No. 30, Victory House,

Door No. 1634-1-18

Temple-Street, KakJnada-533001.

P.B. No. 23, Bari Bazar,

Monghyr-811201.

Hyderabad.

3.

Katlbar.

26.

1-1-16, Rftstiapati Roud.

Sccunderabad-500003.

M.O. Road,

Katlhar-854103

Krlhn*

4.

Purnea,

27.

P.O. Purnea Agarwal Market,

R. N. Shaw Cowk,

Pomoa-854301.

P.B. No. 6, Goalneni Buildings.

B-12-319, Raja Rangaish-

Appara* street.

VUayawada-520001,

Saharsa,

P. O. Saharaa-852201

28.

East Oodavarl

5

Champaran

29.

P.B. No. 22, Door No. 5/281

Bhaya Lata Main Road,

Rajahrnundry-533101

P.B. No. 8, Main Bazar Chowk.

Raxaul-845305.

VlwUupatBam.

S.

Palamao.

30.

Dajtonganj Bnglnoerlng Road,

Dattonganj-822101

E-l, shipyard Colony,

Oandhfgram,

Vlsokhapatnam-333001.

Visakhapatnan)

T.

GUJARAT

P.B. No. o5, 2!>18. 119,

Malo Road

Vtoakhapatnam 530001.

Surat.

31.

P. B. No. 201 M.G. Road,

Surat-395003.

Chittoor.

8

Bulsar.

P.B No 5, Bazar Street Samarthi

Building, Pakala-517112.

32.

Cuddapah.

9.

Now Vegetable Market,

P. B. N o. 62

Bulsar-396001.

18 188 B.K.N. street

Cuddapdb 518001

Baroda.

33.

Kurnool.

10.

K.al" Budding Panlgaie,

Baroda 180001

PB No 2 2 , 18 192. Rasool Bazar.

Kurnool-516001.

Ahmedabad

34.

Ncllore.

11.

22, Jannalagadavari street,

N^llore-524001.

Near Rupallee Cinema,

Lai Darwaja.

Ahmedabad-380001.

Nizamabad.

12.

Jamnagar.

35.

P.B. No. 60. Ramgopal Compound,

J"wah*r Road-

Nizamabad-503001.

P.B. No. 505, 3/62, Mandvi,

Tower Road,

JarnNagar-361001.

13.

Prakaiham.

Raj kot.

36.

Ratna Juttor, Oraad Trunk Road,

Ongole-523001.

PattanI Building P.B. No. 129

M.O. Road,

Rajkot- 36001.

14.

1. Bha\nagar.

Harris Road, Bhavnagar-36400'

37.

P.B. No. Z7, Balan Villa

8-413, itatloD Road.

Warangal Clty-500002.

ng Kutch.

Zanda Chowk Port trust Buildi

38.

ASSAM

Bahruch.

39.

Jamma Masjid Road,

Bahruch-392001.

Gauhati.

15, Rahman Manzil, Pan Bazar, Gauhatl-781001.

Dibrugarh.

HARYANA

16.

Marwaripatty P.O.

Rebabari Dibrugarb-786001.

Rohtak.

. Railway Road,

40

Cachar

Silobar. P.O. sllchar.

17.

Bahadur garh-124507.

DfbniBarfa.

.A Tlnsukla

17-

Gurgaon,

. Basi Raad

41

Ourgaoo-122001.

BIHAR

GuTgaon,

. Industrial Area

42

Dhanbad,

FaridabadN.I.T.-121002.

18.

Bank North-802 156.

Dhanbad.

Ambala.

43

Singhbhum.

. Chowk Mast-Purian,

Ambala City-134002

19.

PB No. 14, MainRaad, Bistiipur

Jamshedpur-800001.

Sirsa.

44.

Patna.

. SubziMandi,

Sirsa-125055.

20.

aiMACHAt PRAOK8H

Darbhanga.

21.

P Box 64, New Dak Bungalow,

Road. pBtn*-831001

P B. No. i. Gobhardhan Road,

P.O. Darbnanga-846004.

Slmia,

45. Lower Bazar,

M&cLnubiUii.

22.

171991. District Simla

P.O. Madhubaol-847211.

Madhubanl.

APFt;NIMX 9—Contd.

ANNEXURE1 contd.

:[ 2

3

1

2

3

JAMMU AND KASHMIR

fi9.

Bilaspur.

46.

Jammu.

70.

Durg.

P.B. No. 59, Indra Mansion, Shallmar Road, Raghunath Bazar, Jammu Tawi-180001.

P.B. No. 52, Patel Bbavan, Bilaspur. Post Boa No. 32, Civil Centre, Bhilai-490001.

Srinagar

47.

MEGHALAYA

ShlUong.

71. Bara Bazar Road-29.

P.B. No. 91, Amira Kadal, Srinagar. KARNATAKA

Contonmeot Shillong-790001.

48.

Dharwar.

MAHARASHTRA

Bombay.

72.

South Kanar.

49.

73.

Aurangabad.