REGISTERED No. D. (D.N.)-72
The Gazette of India
EXTRAORDINARY
PART II— Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 181] NEW DELHI, FRIDAY, APRIL 15, 1983/CHAITRA 25, 1905
Separate paging is given to this Part In order that it may be filed as a separate
compilation
68 GI/83— 1
(1)
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H—Sec. 3(ii)] 3 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART TI—S?C 3(ii)] 5 6 T HE GAZETTE OF INDIA : EXTRAORDINARY [PART II^-SEC. 3(ii)]MINISTRY OF COMMERCE
IMPORT TRADE CONTROL
ORDER NO. 1/83
time of clearance through Customs, a list of components duly cleared for import & attested by DGTD, or their own declaration on the list of Components that was furnished to the DGTD for attestation, to the effect that the list produced is the same which was furnished to DGTD (Import & Export Policy Cell) Udyog Bhavan, N<
OPEN GENERAL LICENCE NO. 1/83
New Delhi, the 15th April, 1983
S.O. 296(E):—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Government hereby gives general permission to Import into India from any country, except the Union of South Africa/South West Africa, raw materials, components and consumables by Actual Users (Industrial), subject to the follo- wing conditions : —
(1) The items to be imported are not covered by Appendices 3, 4, 5, 6, 7, 8, 9 and 15 of the Import and Export Policy, 1983-84 (Vol. T>;
(2) Instruments shall not be allowed to be imported under
this Licence;
(3) The raw materials, components and consumables are required by the Actual User (fnduslrial) concerned for his own use, i.e. subject to the "Actual User" condition;
(4) The Actual User shall maintain proper account of con- sumption and utilisation of the goods imported under this Licence in the form and manner laid down, and produce such account to the licensing authority, or any other Government authority within such time as may be specified by it;
(5) Actual User (Industrial), at the time of clearance of the goods, shall furnish to the customs authorities a dec- laration giving particulars of their industrial licence/ registration as Actual User with the concerned authority, namely, the Number & Date of the Industrial Licence/ Registration and the end product(s) of manufacture, and affirming that (i) such licence/registration has not been cancelled or withdrawn or otherwise made in operative and (ii) the items imported under this Licence are strictly in accordance with the terms and conditions of their Industrial Licence/Registration with the sponsoring authority concerned as an industrial unit and their approved phased manufacturing programme. In case, no phased manufacturing programme has been approved for them, they should say so in the declaration. In cases, where separate registration number has not been allotted by the sponsoring authority, concerned, the importer shall produce other evidence to the satis- faction of the customs authorities that he is licensed/ registered as industrial unit and eligible to the import made. Actual Users (Industrial) shall also furnish at the time of clearance of goods a certified copy of phased manufacturing programme, if any, approved for them by the sponsoring authority or other concerned autho- rity.
(6) Import of components by DGTD units shall be subject to the List Attestation Procedure laid down in the relevant Import Policy for 1983-84. Actual Users (Industrial), registered with DGTD, and subject to phased manufacturing programme, shall furnish at the (7) Actual User (Industrial) having provisional registration with the sponsoring authority will also be eligible fo import raw materials, components and consumables under this Licence;
(8) Actual Users (Industrial) having registration certifi- cate issued by the sponsoring authority specifically marked "proposed" will also be eligible to import raw materials, components and consumables under this Licence, but in their case, the import will be alldwed only to the State Industrial Development Corporation or State Financial Corporation on behalf of the Actual User, or on production of evidence, at the time of clearance, that the Actual User concerned has furnished. a bond with a bank guarantee for a value equal to 25 per cent of the CIF value of the goods imported, to the effect that the Actual User shall furnish to the licensing authority concerned a certificate of the sponsoring authority In support of the unit having properly utilised the imported material.
(9) All Industrial Units in large scale sector shall submit to
the DGTD, New Delhi or other sponsoring authorities concerned, and the Department of Electronics, New, Delhi, as appropriate to the item, periodical return indicating the description and the value of the items imported under this Licence. Industrial units in the small scale sector should send similar returns to the re- gional licensing authorities concerned. These returns shall be furnished as on 30th September, 1983 and 31st March, 1984. Each such return shall be furnished within 15 days of the close of the period indicated ;
(10) This licence shall also be subject to the condition No, 1
In Schedule V to the Imports (Control) Order, 1955;
(11) Tn respect of man-made fibre, tow, yarns, raw wool, mohair, woollen rags/synthetic rags/ shoddy woo), all eligible importers shall be required to register their Import contracts with the Textile Commissioner, Bombay. Imports shall be made only after the connected contract has been stamped by the Textile Commissioner, Bombay, as an evidence of such registration. For this purpose, two copies of the contract shall be lodged with the Textile Commissioner. He will return one copy to the importer, duly stamped, on each page, for production to the customs at the time of clearance of goods. At the time of registration of subsequent contract, the eligible importer shall also furnish a statement indi- cating the progress made in import and utilisation/ disposal of the imported material in respect of all con- tracts earlier registered;
(12) Import of man-made fibres, tow and yarns under this licence can be made by the State Trading Corporation of India (STQ, New Delhi for distribution to eligible Actual Users subject to the condition regarding prior
8 THE GAZETTE OF INDIA-: EXTRAORDINARY [PART I I ^ S E C. 3fii)lregistration of contracts with the Textile Commissioner Bombay as in (11) d,bo\c;
(13) In the case of DMT/TPA, imporl will be allowed only on the basis of import contracts registered with the Ministry of Energy, (Department of Petroleum), New Delhi. Tho procedure for registration of contracts with the Department of Petroleum, shall be the same as in (II) above.
(14) In the case of Soda Ash, PVC Resin, Wood pulp, Caustic Soda and Synthetic Rubber of the varieties covered by OGL, nil eligible importers shall be required to register their contracts with the DGTD (Import) & Fxport Policy Cell, Udyog Bhavan, New Delhi, The procedure for registration of contracts with tho DGTD shall be the same as In (11) above;
(15) (i) fn the case of woollen rags/shoddy wool/synthetic rags, clearance of imported goods will be allowed by the Customs authorities only after the goods have been completely mutilated.
(ii) Woollen rags for Ihis purpose are defined as under :
(a) 'New'—waste woollen cloth whether woven or knitted which is left after a garment had been cut out including genuine tailor cutting piece ends, discarded pattern bunches and sample bits;
(b) 'Old'—Rags of woollen textile fabrics inclu- ding knitted and crocheted fabrics which are required for manufacture of shoddy yarn and may consist of articles of furnishing or clothing or other clothing so worn out, soiled or torn as to be beyond cleaning or repair;
(iii) This definition shall apply mutatis-mutandis to
synthetic rags.
(16) In the case of raw cashewnuts, Cashew Corporation of India will also be eligible to import under this licence for distribution to Actual Users (Processing units) in accordance with the Policy in force in this regard.
(17) Tn the case of raw cashew nuts, it shall be a condition that immediately afler the contract for import is entered into, half of the quantity to be imported shall be offered to the Cashew Corporation of India for distribution to Actual Users (Processing Units) in such manner as mny be laid down by Government from time to time. The import contract shall also lie registered by the im- porter with the Cashew Corporation of India within a period of 7 days of its execution;
(18) In the case of Carbon steel items, permitted for import in this Licence, all eligible importers shall be required to register their import contiacts with the Iron and Steel Controller, Calcutta or with any this regional offices, within 15 days from the date of entering into such contracts. The procedure for registration of contracts with the Iron and Steel Controller, shall be the same as in (II)above;
(19) Tn the case of iron and steel items covered by this Licence,
Oil Refineries will also be eligible to import, subject to prescribed conditions;
(20) In the case of insecticides including pesticides and weed!- cides, the Actual Users (Industrial) concerned shall within seven days of the clearance of each consignment, intimate to the Department of Agriculture (Plant Pro- tection Division), New, Delhi, particulars of the items imported the quantity and the c.l.f. value thereof;
(2f) In respect of certain items, in the Schedule to this Lictfnce, the names of specific industries have been men- tioned. For these items, only the Actual Users (Indus- trial) engaged in the respective Industries will be eligible to import under OGL;
(22) Items covered under Part III of the Schedule to this licence can be imported under Open General Licence by Actual U--ers (Industrial) and others, for stock and sale;
(23) In the case of brass/copper pipes and tubes imported as scrap, their size shall not exceed 15 cms in length, unless they arc imported as scrap in hydraulically pressed briquettes;
(24) By import under this Licence, the production of the industrial unit concerned shall not exceed the licensed/ authorised capacity, and the unit concerned shall ensure adherence to its approved phased manufacturing pro- gramme:
(25) The goods so imported have not been produced or manufactured In the Union of South Africa/South- West Africa;
(26) Such goods are shipped on through consignment to India on or before 31st March, 1984 or, in the case of Actual User (Industrial), on or before 30th June, 1984 against firm orders for which irrevocable letters of credit are opened and established on or before 29-2-1984, without any grace period what-so-ever;
(27) Nothing in this Licence shall affect the application to any goods, of any other prohibition or regulation affecting the import thereof, in force at the time when such goods are permitted;
(28) Tho licence does not confer any immunity, exemption or relaxation at any time from an obligation or compli- lance with any requirement to which the Actual Users (Industrial) may be subject to under other laws or regu- lations. The importers should comply with the provisions of all other laws applicable to them.
[File No. IPC/3/2/83]
SCHEDULE TO OGL NO. 1/83
Dated The 15th April, 1983
Raw materials, components and consumables allowed under
Open General Licence.
PART I
Items allowed for import by Actual Users (Industrial) only,
subject to Actual User condition: -
1. Acrylic fibre tips and ink cartridges
for wniing instruments.
2. Alfu amyl cinnamic aldehyde.
3. Amyl alcohol.
4. Antimony oxide.
5. Battery depolarized chemical of
gamma variety.
6. Berryllium copper strips,
7. Bifurcated and tubular rivets
8. Bismuth.
9. Black paper (Photographic grade)
10, Blades for shearing and tropping For Textile Mills
machines,
on^v-
911. Blotching Euith.
A2. Boiler, tubes ERW variety: 8mm to
(vi) Diethylcne glycol monobutyl ether. (vii) Ethylene glycol monophenyl ether. (viii) Ethoxy trlglycols.
80 mm OD.
42. Glycerine.
13. Cast iron pressure non-pressure
43, Gunmctal bushes.
tubes and pipes excluding those in App. 3.
44, Heat absorbing filters.
14, Cellulose film/sheet (cellophane paper)
45. Hetachloroethanc.
46. Impregnating oil for electric paper
board insulators and cable filling oils/compounds.
15. Ccntrifugaily cast seamless steel pipes and tubes (including stainless steel) upto 375 mm ilia.
For units engaged in cable industry only.
47. Industrial diamonds including powder
(other than gem variety).
16. Chemical porcelain ware and cera- mics for over 1200"C temperature ap- plications.
48. Infra-red bulbs.
17. Chlorinated diphcnyl.
49. Iso amyl alcohol.
IS. Civil Engineering instruments, the
50. Isopropyl alcohol.
following:—
51. Lead glass tubing.
52. Lead scrap including Ash, Skimming,
Blowings and Drosses,
53. Lithographic coated plates.
(I) Strain transducers. (2) Stress transducers,. (3) Displacement transducers. (4) Pressure transducers.
54. (i) Litho rules for perforating, slitting
19. Cotton linters.
creasing etc,
For printing units only.
20. Copper/aluminium/micro metal sheets
- (ii) Anti off-set spray powder.
used in the manufacture of blocks.
For printing units only.
55. Magnesium powder.
21. Copper moulds (for continuous billet
56. Metal plates for rotary press.
Castings).
57. Methyl Isobutyl Ketone.
Integrated Steel Plants, mini Steel Plants and electric arc furnace.
58. Misch metal.
59, Molybdenum based greases and lubri-
22. Cupro Nickel (like Gorman Silver
cants.
etc.) Semis, flat products and wire.
60. Monel wire.
23. Cyaniiic chloride.
24. Dies for teeth mould-clectroform
61, Multimesh disc filters (spinneret
filters) and elements.
25. Di-chloro acetic acid.
62. Needles fpr industrial sewing machines 26. Dimethyl acctamidc.
63. Non-liner field discharge resistors.
27. 2-Ethyl Hexanoic acid (Octoic acid),
64. Nylon Pre-oriented Yarn (NOY)
28. Endless triple wire mesh of 65/195
65. Paper waste
or fiier.
29. Epoxy plaslicizers.
30. Etching chemicals I.e. additive filming For Printing Units
Units engaged in the manufacture of pulp/paper and paper board.
agents.
only.
66. Perchlorocthylene.
31. Ethylene glycol mono ethyl ether
67. Pigment finishes for leather.
acetate.
68. Polyester Staple Fibre.
32. Film splicers.
69. Quality control film strips and
33. Filter paper including impregnated.
targets.
For Printing units only.
34. Filter paper for Tea bags heat seal/
70. Quartz glass and products thereof.
For manufacture of Tea bags only.
non-heat seal type
71. Radio Active material
35. Flameproof cable half couplers,
stright adopters and bent adopters.
36, Flocoulating agents based on polya-
ctylamide (dispex),
Actual Users on production of re- commendation fromr Deptt. of Atomic Energy,
37. Furfurulamine.
72, Rare Earth Oxide including rutile
38. Gas lighter elements.
sand.
39. Glass Micro fibre paper filters.
73. Rubber blankets, rubber cots and
For printing units
40. Glass screens and contact screens
(grey and magetaj/colour fillers. only.
aprons for drafting machines and con- densor rubbing aprons for woollen cards.
41. Glycol ethers, the following:—
74. Sensors/transducers.
75. Shuttle cock botton.
76. Siliconc compoundi/fluides/oils/reslns
(excluding chlorosi lanes).
77. Sodium methoxide.
(i) Ethylcnc glycol monomethyl ether. (ii) Ethylene glycol monethyl ether. (iii) Ethylene glycol monobutyl ether. Civ) Diethylcne glycol monomethyl ether. (v) On hvlcii gW-ol monoethyl ether.
68 GT/83—2
10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S E C. 3(ii)]78, Sodium sulphate. 79. Specialised tissues, the following:—
fa) Carbonising tissues, ana (b) Coloured und pectoral cigarette
tissues.
80. Stopper heads and nozzles other than Integrated Steel
fire clay stopper heads and nozzle*.. Plants.
81. Synthetic ruby, unworked.
82. Tetrachloroethane.
83. Trichloroethyiene. 84. Tri-cthanolamine Lauryl sulphate.
85. Type high numbering machine,
86, Used/scrap rubber tyres/tubes (each For units engaged in
tyre/tube subjected to at least one reclaiming rubber, cut before shipment from the expor- ting country or before clearance from the customs)
87. Viscose Staple Fibre.
88. Wax emulsions.
89. AH components, of machine tools
machinery, equipment, instruments and other engineering item1) (including consumer durables), covered under OGL excluding electronic coponenti.
90. Nylon Waste.
(Actual Users (I) engaged in recovery oF Caprolactum as certified by DGTD, New Delhi only).
91. Raw materials, components and consumable* required for
Electronics Industry, the following;—
(i) Phenolic/SRBP/Ccramic bases/substrate resistive. (ii) Conductive compositions. (ni) Turned parts like spindle, PC pins. (iv) Pressed parts like tags, wipers. (v) Casings cither die cast, pressed moulded. (Vi) Special springs. (vil) Moulded parts for multiple pots. (viii) Sealing material*.
(be) Resistive/conductive inks. (x) Contact", in various shapes including carbon and pre-
cision metals. (xi) Contact-carriers. (xii) 'O' Rings. (xiil) Resistance wire of various specifications. (xiv) 3-4-of cermet. (xv) 3-7-of Carbon. (xvi) Formers for winding like insulated copper wires and
phenolic.
(xvii) Ceramic bases.
(xvifi) Contacts of metals, carbons and combination thereof. (xix) Pressed components. (xx) Tinned Components. (xxi) Epoxy paints, (xxil) Epoxy thinner. fxxiii) Hpo\v hnrdner. (xxiv) Polypropylene film.
PART II
Items allowed for import by Actual Users (Industrial) subject to Actual User condition, and Export Houses/Trading Houses against REP/Additional licences, as per policy for sale of eligible Actual Users (Industrial) subject to Actual User Condi- tion :—
1. Acetone.
2. Acrylic moulding powder.
3. Alloy steels in any form/shnpe/section.
4. Aluminium gylcinate.
5. Aluminium wire/strips of purity 99,99?O
6, 4:4 Bonsidine, 2:2 disulphonic acid.
7. Black Centered Board,
8. Bleaching powder and hypo chlorites.
9. Carbon Steel items to IS-2062 or equivalent specification.
10, Carbon Steel rolled blooms above 400 mm.
11. Caustic Soda,
12. Corkwood, cork waste and cork dust and cork powder
of 200 mesh.
13. Cold rolled carbon steel strips 12 mm wide and below.
14. Components of DC micro motors/stepper motors/servo motors /Ac synchronous motors of ratings upto 12 Volts and 20 watts.
15. Components of relays connectors and switches.
16. D.M.T./T.P.A.
17. Drugs/Drug intermediates.
18, Dye intermediates.
19. Ethylglycol.
20. Ethyleno dibromide.
21. Eucalyptus gum chips.
22. FerrO-nicM,
23. Geranium oil. 24. Glass capillary tubing for thermometers.
25, Glass shells for OLS lamps.
26. High grade molybdenum ore, Molybdenum metal including scap, Molybdlc oxide, Molybdenum oxide, Molybedenum powder.
27. Iodine.
28. Ivory unmanufactured.
29. Insecticides, pesticides and weedicides.
30, Lithoponc. 31. Man made fibres/yarns (other than these in Part I and
111).
32. Mercury/mercury ammoniated.
33. Microwave components of all types.
3"4, Naphthalene crude.
35. Natural essential oils.
36, Nitric acid.
37. Nylon mono filament bristles,
38. Parachloro benzoic acid.
39, Para chloro toluene.
40. Para tertiary butyl phenol.
41. Phosphorous acid. 42, Phosphoric acid (other than industrial grade).
1146. Plain/metallised Kraft/Tissue paper.
47. Plate/float/sheet glass.
Polycarbonate (Thermoplastic raw material).
48.
49. Polycarbonate moulding powder/granules.
Potassium Chlorate.
50.
Potassium cyanide.
51.
specifications, sizes, types, varieties, compositions categories etc, as are covered under Open General Liccn;o for Actual User; (Industrial) vide items 1 and 2 of Appendix 10 i.e. the items of of their specification etc. which do not appear in Appendices 3 to 9 and 15, read with the clarifications contained in Chapter 22 of Import & Export Policy-April, 1983 March, 1984.
52. Potassiam ferro-cyanide.
53.
(2) Impoit of religiou books shall not be allowed as waste paper under entry No. 65 in part I abovc Pressed/punched metal parts and die-cast parts for Tape Dech Mechanism.
54. PTFE Fabric/felt/threads.
55. PVC Resins.
56. Pyrazinamide.
57. Raw cashewnuts.
Raw Wool/Mohair.
58.
59. yon grade Wool pulp.
Sheets/Coils to boiler/pressuro vessels quality.
60.
61. Shellac/seed lac.
Soda Ash.
62.
Solvents.
63.
25% oil treated sulphur, including wystex/insolublc sulphur
64.
65. Synthetic rubber viz. Butyl rubber, Neoprene/chloroprene, Hypalon, Viton, PTFE and E.P.D.M.
Tortaric acid.
66.
67 Tin foil.
68. Tracing paper.
69. Trisnonyl phenyl phosphite.
Tungsten Dise/Tungsten Contacts.
70.
Tungsten salts.
71.
, Vitamin B,
72.
Woollen rags/synthetic rags/shoddy wool.
73.
Zinc wire of 99.99% purity.
74.
PART 111
1. Items-allowed for import by Actual Users, and others for
ick and sale :—
stc
1.
, Aluminium scrap/Dross.
Brass scrap/Ash/Dross.
2.
3. Copper scrap/copper milk scale.
Tin dross/ABh/Rwidue and Tin alloy/Residues.
4.
5. Zinc scrap/Zinc alloy scrap/Asb/Dross.
6. Nickel Silver Scrap (German Silver Scrap).
7.
, Wuttlc Bark for tannins leather.
8. Wattle Extract.
7. Pickled hides, skins, plets, splits and parts theteof.
10. Hides and skins, raw or salted where the value of hides 'and skins is more than that of wool/hair thereon.
Wet Blue Chrome tanned and finished leather.
11.
12. Luebrocho extract, chestnut extract and modified eucalyptus extract (Myrtan).
13. Gum Arabic.
14. Viscose filament yarn below 600 denier.
15. Cupramroonium filament yarn and Acetate Filament Yarn.
16. All other items permitted under Open General Licen terms of the import policy in force, other than those covered by Parts I & 11 above.
NOTES : (I) It is clarified that entries in this List (Part T, Part II and Part 111) allow only those items and their
12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H- SEC. 3(y)]ORDER NO. 2/83
OPEN GENERAL LICENCE NO. 2/83
Delhi the 15th April, 1983
S.0.297(E).—In exercise of the powers conferred by Section 3 of the Import & Exports (Control) Act, 1947 (18 of 1947), tho Central Government hereby gives genoral permission to import into India from any country, except the Union of South Africa/south West Africa, Capital Goods of the des- cription specified in Appendix 2 of Import and Export Policy, 1983-84 (Vol. I), subject to the following conditions :
(ij The importer is an Actual User (Industrial or Non- Jndustrial) registered with the DGTD, New Delhi or the concerned State Director of Industries or other sponsoring or Government Authority concerned, as (he ctise may be, requiring such items for use in his factory, commercial establishment, institution, profes- sional office or other premises concerned ; subject to "AcLual User" condition ;
(li) By import of the Capital Goods, in question, the pro- duction of the applicant shall not exceed the licensed/ authorised capacily ;
(Hi) Tho goods so imported shall bo of new manufaclure; if they are second-hand or reconditioned items, Ihrir import will be permitted only if the machinery ii not more than ten years old and its remaining life is not less than live years, and authority at rhe time of clea- rance, a certificate from a professional independent Chartered Engineer/any equivalent institute in tho country from which import is made, indicating :
(a) Name of manufacturer of the plant and machinery; (b) Year of manufacture;
(c) Present condition of tho Plant and machinery and its expected residual life.
(d) The CIF value of equivalent Capital Goods, if purchased new,
(iv) Actual Users (Non-Industrial) shall, at the time of clearance of the imported goods, furnish to the customs authorities the original or a photostat copy of the (currently valid) Registration Certificate beJd by them under the Shops and Establishment Act, Cinemato- graphic Act or concerned local statute, entitling them to effect the import;
(v) Actual User (Industrial) shall produce to the Customs authorities concerned at the time of clearance, a decla- ration giving particulars of his industrial Licence registration, as an industrial unit with the concerned authorities, namely, the Number & Date of the Industrial Licence/Registration and tho endproduct(s) of manu- facture, and affirming that (i) such licence/registration lias not been cancelled or withdrawn or otherwise made in-operative and (if) and the items imported arc strictly in accordance with tho terms and conditions of their Industrial LiLcnce/Registration with the sponsoring authority as an industrial unit. In cases, where separate registration number has not been allotted by tho spon- soring authority concerned, the importer shall produce other evidence to the satisfaction of tho customs autho- rities that he is licenced/registered as industrial unit and is eligible to the import made;
(vi) The importer shall furnish periodical returns to the Director of Statistics, Office of the Chief Controller of Imports & Exports, New Delhi, giving the description of Capital Goods imported and their c.i.f. value as on 30th September, 1983 and 31st March, 1984. Each such return shall be furnished within 15 days of tho close of the period indicated;
(yii) The goods so Imported have not been produced or manufactured in the Union of South Africa/South West Africa;
viii) Such goods are shipped on through consignment to Indiu on or before 31st March, 1984, or shipped on or before the 3ht March, 1983 agalnt a firm contract entered into and registered with a foicign exchange dealer (Bank) on or before 29th February, 1984 without any grace period whatsoever;
(ix) This licence shall also be subject to the condition No. 1 In Schedule E to the Imports (Control) Order, 1955;
13(x) Nothing in this Licence shall affect the application to any goods, of any other prohibition or regulation effecting the import thereof, in force, at the timo when such goods arc imported;
(xi) The Licence does not confer any immunity, exemption or relaxation at any timo frdim an obligation or com- pliance with any tequircment to which the Actual User (Industrial) may be subject, under other laws or regulations. The importers should comply with the provisions of all other laws applicable to them.
[File No. 1PC /3/2/83J
14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S E Q. 3(ii)lORDER NO. 3/83
OPEN GENERAL LICENCE NO. 3/83
New Delhi, the 15th April, 1983
S.O. 298 (E):—In exercise of the powers conferred by Sec- tion 3 of-the Imports & Exports CContrtl) Act, 1947 (18 of 1947) the Central Government hereby gives the general permi- ssion to import into India from any country, except the Union of South Africa/South West Africa, "permissible" spares i.e. all those parts required as spures, other than the items appearing in Appendices 3,4, 15 or 30, in the Import and Export Policy 1983-84 (Vol. I), as are required for their own use for main- tenance of Capital Goods, including accessories, ancillary equipment control and laooratory equipment and safety appliances, installed or in use as on 1st April, 1983, by Actual User (Industrial or Non Industrial), subject to the following conditions :,
(i) Actual Users (Industrial) will furnish to the customs authorities, at the time of clearance a declaration giving particulars of their industrial licence/registration certi- ficates, as appropriate, namely. Number and Date of Industrial Licence/Registration with concerned autho- rity as industrial unit and end-product(s) manufactured and solemnly afirming that Such licence/registration has not been cancelled or withdrawn or otherise made in-opcralivc. Tn cases where a separate registration number has not been allotted by the sponsoring autho- rity-concerned, the importer shall produce other evi- dence (o the satisfaction of the customs authorities that ho is licensed/registered us an industrial unit and is eligible to the import made.|
(ii) Actual Users < Non-Industrial j shall, at tho time of clearance of the goods furnish to the customs authori- ties, the original or a photostat copy of the (currently valid) registration certificates held by them under the shops and Establishment Act, Cinematographic Act or appropriate local statute, entitling them to effect the Imports;
(iii) In the case of computer systems, import of permissible spare parts will be allowed at 3 % of the c.i.ef. value of imported computers or one ° £ per annum of the purchase price of the indigenously manufactured computer systems. At the time of clearaace of tlio imported goods, the importers should furnish to the customs authorities, a certificate from Chartered/Cost Accoun- tant or Company Secretary (in practice), or the spon- soring authority concerned showing tho c.i.f. value of the purchase price of the computer system, as tho case may be. They should also furnish a declaration to tho effect that the c.i.f. value of such, goods already imported during the same financial year does not exceed the per- missible limit, including the c.i.f. value of the consign- ment to be cleared. The Chartered/Cost Accountant or Company Secretary should not be a partner or a Director of an employees of the applicant firm or its associates.
(iv) Small Scale Units having provisional registration with the sponsoring authorities concerned will be eligible to import .goods under this licence, subject to Actual User condition.
(v) The Actual User shall maintain proper account of utilisation of the goods imported under this licence in the form and manner laid down, and produce such account to the licensing authority or any other Government authority within such time as may be specified by it.
(vi) This licence shall also be subject to the condition No. i in Schedule V to the Imports (Control) Order, 1955.'
(vii) The Actual Users shall furnish periodical returns, as on 30th September, 1983 and 31st March, 1984 to the authorities mentioned below, indicating (a) the total c.i.f. value of the items imported and (b) description of such of the items imported of which the total c.i.f. value exceeds Rs. 2 lakhs :—
(i) Sponsoring authorities concerned in the case of industrial units in the large scale sector; and
(ii) regional Import-licensing authorities concerned, in the case of other Actual Users. Each such Return shall be sent within 15 days of the close of the period indicated.
(viii) The goods so imported have not been produced or manufactured in the Union of South Africa/South West Africa.
(i.x) Such goods are shipped on through consignment to India on or before 31st March, 1984, or shipped on or before 31st March, 1985 against a firm contract entered into and registered with a foreign exchange dealer (Bank) on or before* 29-2-1984, without any grace period whatever.
(x) Nothing in this licence shall affect the application to any goods, of any prohibition or regulation effecting the import thereof, inforce, at the time when such goods are imported.
(xi) The licence does not confer any immunity, exemption or relaxation at any time from an obligation or com- pliance with any requirement to which the Actual Users (Industrial) may be subject under other laws or regulations. The importers should comply with the provision of all other laws applicable to them.
[F. No. 1PC/3/2/83]
15 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)](3) Bonafidc technical and trade samples supplied free of charge not exceeding Rs. 20,000 in c.i.f. value. In one consignment, excepting vegetable seeds, bees, tea and new drugs;
(4) Binnflde adverting material supplied free of charge not exceeding Rs. 2,000/ in c.l.f. value, in one consign- ment;
(5) Goods supplied iiee of chuge by foreign suppliers or imported against an Insurance (marine) or maiine- cum-erection insurance claim settled by an Insurance Company, in replacement of the goods previously imported but found defective or otherwise unfit un. suitable fc r use or lost/damaged after import, provided that:
(a) tha shipment of replacement goods is made within 24 months from ths date of clearance of the pre- viously imported goods through the customs or within the guarantee period in the case of machine8 or parts thereof, where such period is more than 24 months;
(b) No remittance shill be allowed, except for pay- ment of insurance and freight charges where the replacement of goods by the foreign suppliers is subject to tho payment of insurance and/Or freight by the importer and documentary evidence to this effect is produced at the time of making the re- mittance;
(c) ihc following documents shill be produced to the satisfaction of the customs authorities, at the time of clearance of the replacement goods:
(i) original letter from the foreign supplier as evidence of goods being supplied free of cost, in the caso of free replacements;
(ii) a purvey cert'ficatc issued by the Lloyds Agents or any other authorised insurance surveyors or in ihe case of machine or parts thereof, a certificate from a professional inde- pendent chartered engineer, (or Chief Execu- tive in the case of Government Departments and Public Sector Undertakings) to the effect that goods previously imported were actually Jccoivcd in defective condition and icquired replacement;
(iii) evidence shewing the period of guiran- teos given by ihc foreign manufacturers of consignors in the case of machines or parts thereof, where shipment takes place after tho period of 24 months stipulated in sub-clause (a) above;
(iv) evidence of settlement of claim by the insu- rance company, in Ihc cose of replacement import involving fresh iomittanccs. Rcpalce- mont imports will be allowed upto the vajuc of the el Jim settled by the insurance company but an increase upto tenpeicent of this amount may be allowed owing to the increase in tho value of the machinery to be imported in replacement;
(6) Drugs and medicines supplied free of charge for clinical tiL>h with the piior witten approval of the Drujs Controller of India, New Delhi and subject to any conditions laid down by him. The approval of the Diugs Controller shall be produced to the satisfaction of the customs authorities at the time of clearance;
(7) Bonafide trade samples of drugs and medicines suppli-
ed free of charge to the sole agents in India of the, foreign suppliers not exceeding Rs. 10,000 in c.i.f. value in one consignment on tha written recommenda- tion of the Drugs Controller of India, New Delhi to be produced to ihe satisfaction of the customs authorities at the time of clearance;
(8) Human vaccines and sora supplied free of charge or against payment, on the written recommendation of the Drugs Controlloi1 of India New Delhi to be pio- duced to the satisfaction of tho customs authorities at tho time of clearance.
(9) Animal including poultry vaccines, supplied free of charge or against payment, on the written recom- mendation of either the State Director of Animal Husbandry or the Animal Husbandry Commissioner to the Government of India, New DeJhi, or any other officer authorised by the Ministry of Agriculture, New Delhi to tbe produced to the satisfaction of the cumtoms authorities at the tiirrci of clearance;
(10) Technical and trndc samples of the insecticides (in- cluding) pesticides and wcodicios), supplied free of charge, on the basis of the registration issued by the Registration Committee set up uudcr the Insecticides Act, 1968, and the quantity specified by tho Commit- tee in respect of items included in the Schedule to the said Act, to be produced to the satisfaction cf the customs authorities at the time of cloarance;
(11) In respect of items covered by SI. Nos (8) to (10) above, where tha items aro supplied free of chirgo, import of the permissible materials shall not be allowed in consumer or retail packing and tha consi- gument shall bs clearly marked "sample not for sale".
(12) Trade catalogues and circulars, blue prints and drawings, and technical or trade samples imported under this licence are for the use of the importers themselves and shall not be sold;
(13) This licenco is without prejudice to the application to any goods, of any ether prohibition or regulation oflccting the import that may be in force at the time whon.such goods aro imported;
(14) This licence is in supersession of Open General Licence No. 4/82 published vide Import Trade Control O.'der. No, 4/82 dated the 5th April, J982.
[File No. JPC/3/7/83]
17<"f 1947), the Central Government hereby gives general permis- sion to Import into India from any country except the Union of South Africa/South West Africa, items of raw materials components, cun
(i) Tbj) itupirtc-s sba.ll p.oduce to the customs authorities at tha tinw of clearance, a declaration giving particulars of its recognition by Central or State Government, as lha edso miy be, and declaring thai the items imported aro required for its own use. In the ca&c of R & D units, they slnll also decide that the imported item w required for R & D purposes.
(ii) Itcm'i of consumer goods', hjw^osver described, stall not be permitted for import under this Llccncs. im- port of offlca machines will also not be allowed under this Licence.
(iii) The goods so imported have not been P'<"i
(iv) In re^-ct of computer systems and tteir spare*.^the import sh,U be allowed on production of clearance by the Dep-irtment or Electronics, New Delhi.
(v) in th, case of import of livo and a ^ t ^ t ed mtoo organism in any form for R & D purposes, puorptf 1" from the Animn Husbandry C o r n m" to the Government of India in the Mmistry ot Agr CB tu^e sh^ U be produced' to tho sati^ction of the customs authorities at the tiros of clearance.
(vi) -to bHwrten, sh,H tori* to the ^ ^ ^* ed bolow within 30 day. of the clearance of goods t Castoms, th* pArticulurs of the 8oods so u w p w^ W them, for a vilue each of Rs. 1 fckh or m o r e :-
(I) Dopirtmotit of Science & Tcctaology, Kew Delhi in the case of R & D units and Scientific and Re- search Laboratories.
(ii) Department of Electronics. New Delhi, in respect
of electronic items.
(iii) DGTD, Now Delhi, in the case of unite registered
with them.
(iv) Administrative Ministry of the Central or. _ State
Government conccrnet', as the case may bo m the case of h-jspitals and institutions of higher educa- tion.
fvii) This Licence shil) also be subject to tho condition No. 1
in Schedule V to the Imports (Control) Oder, 1955.
(via) Such goods aro shipped on through consignment to India on or brfrre 31st March, 1984 or, in the cusc of nrchinciy/cquiprrrnt/spareE shipped on or before 31st Mwch, 1985 against firm contract entered into and rcgiste.-ed with a fo/eign exchange dealer (Bank) on or befcve 29th Fobi uary, 1984, without any grace period whatsoever.
ORDER No. 5/H.l
OPEN GENERAL LICENCE M \ 5/S3
Now Delhi, th" 15th Ap'il, 19H.i
(k) Nothing in this Licence shell affect the application to ? ny goods, of any prohibition or regulaion afTecting
[File No. IPC/3/2/83] S.O. 300(E).—In exercise of thj powers conferred by Section .1 nf th? Imports & Exports (Control) Act, 1947 18) 6g GI/83—3
18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II - S E C. ?{h)l(V) This Licence shall also be subject lo condition No. 1 in Schedule V to the Imports (Control) Order, 1955;
(vi) Nothing In this licence shall ;iffect the application to any goods of any other prohibition or regulation, affec- ting the imports thereof in force, at the time when such goods are imported.
[File No IPC/3/2/83]
ORDER No. 6/83
OPEN GENERAL LICENCE NO. 6/83
New Delhi, the 15th April, 1983
S.O. 30i(E).—In exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), the Central Government hereby gives general permission to Import into India from any country except the Union of South Africa/South West Africa, the goods of tho description specified in Appendix 8 and Appendix 9 of Jmport & Exports Policy, 1983-84 (Vol. I), by designated Public Sector (Canalising) Agen- cies mentioned against the relevant items in the said Appendices subject to the following conditions:—•
(i) The imports shall be made against the foreign exchange
released by Government for the purpose ;
(ii) Imported goods shall be distributed by tho Canalising Agency concerned in accordance with the policy and Procedure laid down;
(iii) The goods so imported have not been produced or manufactured in tho Union of South Africa/South West Africa;
(iv) Such goods arc shipped on through consignments to. India on or before 30th September, 1984, without any grace period, whatsoever, provided firm order is placed on or before 31st March, 1984;
19(3) The Actual Users (Industrial) concerned shall produce to (he satisfaction of the customs authorities concerned at the time clearance, a declaration giving particulars of his industrial licence/Registration Certificate, namely,: the Number and Date of the Industrial Licence/Registra- tion issued to the Actual User as an industrial unit and the end-product(s) manufactured, and affirming that such licence/registration has not been cancelled or withdrawn or otherwise made inoperative. Tn cases, where separate registration number has not been allot- ted by the sponsoring authority concerned, he shall produce appropriate other evidence to the satisfaction of the customs authorities;
(4) The importer shall furnish periodical returns to the Director of Statistics, Office of the Chief Controller of Imports & Exports, New Delhi, giving the descrip- tion of the goods imported and their c.i.f. value, as on 30th September, 1983 and 31st March, 1984. Each such return shall be furnished within 15 days of the close of the period concerned.
(5) This Licence shall also be subject to the condition No. 1 in Schedule V to the Imports (Control) Order, 1955.
(6) The goods so imported have not been produced or manufactured in the Union of South Africa/South West Africa;
(7) Such goods are shipped on through consignment to India on or before 31st March, 1984 or on or before 31st March, 1985 against firm orders for which irre- vocable Letters of Credits are opened on or before the 29th February, 1984, without any grace period, what- soever;
ORDER NO. 7/83
OPEN GENERAL LICENCE NO. 7/83
New Delhi, the 15th April, 1983.
S-O. 302(E).—In exercise of the powers conferred by Sec- tion 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947), the Central Government hereby gives general permis- sion to import into India from any country, except the Union of South Africa/South West Africa, Jigs, fixtures. Dies and Patterns, moulds (including moulds for diecasting), and press tools (other than those appearing in Appendices 1, 3 and 4 of the Import & Export Policy, 1983-84 (Vol. I) and parts thereof, subject to the following conditions:—
(1) The importer is an Actual User (Industrial) registered with the DGTD, New Delhi or the concerned State Director of Industries or other sponsoring authority concerned, as the case may be, requiring such items for use in his own undertaking;
(2) The goods so imported shall be of now manufacture. If they are second-hand or reconditioned items, their import will be permitted only if the machinery is not more than ten years old and its remaining life is not less than five years, and the importer shall produce to the customs authority at the time of clearance, a certi- ficate from a professional independent Chartered Eng- ineer/any equivalent institute in the country from which import is made, indicating:—-
(a) Name of manufacturer of the plant and machinery;
(b) Year of manufacture;
(c) Present condition of the plant and machinery and its expected residual life;
(d) The OF value of equivalent Capital Goods, if pur- chased new.
(8) Nothing in this Licence shall affect the application to any goods, of any other prohibition or regulation affec- ting the import thereof, in force, at the time when such goods are imported;
(9) The licence does not confer any immunity, exemption or relaxation at any time from an obligation or comp- liance with any requirement to which the Actual sers (Industrial) may be subject under other laws or regu- lations. The importers should comply with the pro- vision of all other laws applicable to them.
[File No. IPC/3/2/83]
20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ji)]ORDER No. 8/83
OPEN GENERAL LICENCE NO. 8/83
New Delhi, the 15th April, 1983
S.O. 303(E).—In exercise of the powers conferred by Sec- tion 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), tho Central Government hereby gives general permission to import into India from any country except the Union of South Africa/South West Africa, all items of raw materials components, consurapables, machinery, equipment, instru- ments, accessories, tools and spares (but not consumer goods howsoever described), by the Oil and Natural Gas Commis- sion (ONGC), Oil India Limited and M/s. Bharat Gold Mines Ltd., subject to the following conditions:—
(1) The itoms permitted for import shall be those cleared by the DGTD, New Delhi from indigenous angle. Where import of any electronics items including facsi- mile equipment for a c.i.f. value of Rs. 5 lakhs or more and marine electronics equipment and parts irrespective of value, is involved, the import shall be allowed only after clearance is given by the Department of Electro- nics. Evidence to this effect shall bo produced to the customs authorities. Indigenous cJoarance will not be required under (3) and (4) below.
(2) The import shall be made only against foreign exchange released by the Government for the purpose, except under (3) and (4) below.
(3) Where a service contract has been awarded to a foreign contractor, who brings equipment for execution of work, provided that (a) import of such equipment is not to be paid for and (b) the Oil & Natural Gas Com- mission/M/s. Oil India Ltd. undertakes that such equipment shall be re-oxported after completion of the work. If the imported equipment is fltted with any item such as projector or camera which forms its part the import of such consumer durables shall be subject to ONGC undertakings their re-export along- with the main equipment.
(4) Where a off-shore contract is awarded to M/s. Maza- gaon Docks Ltd. or to any other similar undertaking in the public sector, and services of foreign Engineers/ Specialists are engagod for completion of the work, and such engineer/specialist brings tools, instruments and equipment for execution of work, provided (a) the import of the goods, in question, is not to be paid for, and (b) M/s, Mazagaon Docks or the concerned public sector organisation undertakes that the imported tools, instruments and equipment shall be re-exported after completion of work.
(3) The goods arc required to be imported by public sector undertaking receiving off-shore contracts from ONGC, and are required by them for execution of such con- tract.
(6) The import shall be subject to "Actual User" condi-
tion.
(7) This licence shall also be subject to the condition No. 1
in Schedule V of the Imports (Control) Order, 195J.
(8) The goods so imported have not been produced or manufactured in the Union of South Africa/South West Africa.
(9) Such goods are shipped on through consignment to India on or before 31st March, 1984, or in the caso of jnachinery and spares, those are shipped oa or before 31st March, 1985 against firm contracts entered into
21ORDER NO. 9/83
OPEN GENERAL LICENCE NO. 9/83
New Delhi, the 15th April, 1983
S.O. 304(E).—In exercise of the powers conferred by Sec- tion 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Government hereby gives general permission to Air India, Indian Airlines and other Airlines who arc niem- bers of the 1ATA and other categories specified hcrcunder, to import spares, consumables (excluding greases and lubri- cants covered by Appendix 9 to the Import & Export Policy, 1983-84, (Volume 1), aircraft tyres and tubes, manuals, tech- nical drawing illustrations and other technical literature per- taining to tho fleet of aircraft operated and maintained by them and the associate test and training equipment, subject to the following conditions:—
(i) No consumer goods howsoever described shall be imported under the provisions of this Open General Licence;
(ii) The imported itoms shall be subject to the "Actual
User" condition;
(iii) The importer shall furnish to the Customs authorities at the timo of clearance, a declaration giving particulars of the airline and its current membership of the IATA;
(iv) Companies operating aircraft can import spares only, other than those appearing in Appendices 3, 4, J5 or 30 of Import & Export Policy, 1983-84 (Volume I), for maintenance of their aircrafts, on production of evidence to the customs that the importer has been re- gistered or holds a certificate for at least tliree years under the local law applicable to shops and establish- ments ;
(v) Owners of executive aircraft, whether in private or public sector, can import spares only, other than those appearing in Appendices 3, 4, 15 or 30 of Import & Export Policy, 1983-84 (Volume I) for maintenance of their executive aircrafts;
(vi) The goods imported should not be from and/or have not been produced or manufactured in the Union of South Africa/South West Africa.
(vii) Goods arc shipped on through consignment to India on or before 31st March, 1984 without any graco period, whatsoever;
(viii) This Licence shall also be subject to the condition No. 1 of Schedule V to the Imports (Control) Order, 1955; (ixj Nothing in this licence shall affect the application to any goods, of any other prohibition or regulation affec- ting the import thereof in force, at the time when such goods are imported.
[File No. IPC/3/2/83]
22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S E C, 3{i)] 23ORDER No. 10/83
OPEN GENERAL LICENCE NO. 10/83
New Delhi, the 15th April, 1983
S.O, 305. (E).—Tn exercise of tho powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 18 of 1947), the Central Government hereby gives general lermission to import into India from any country except the Jnion of South Africa/South West Africa, the items of the lescription specified in the Schedule annexed hereto, by eligible Vctual Users mentioned against each item, subject to tho fol- swing conditions:—-
(1) The import shall be within the value limit indicated against each item in the Schedule and for the purpose specified;
(2) In the case of medical instruments, etc. scientific ins- truments and chemicals and spare parts of motor vehicles and agricultural tractors, referred to at Serial Nos. 2, 4, 5 and 6 in the annexed schedule, the eligible importer shall, at the time of clearance, give a declara- tion to tho customs authority about tha c.i.f. value of such goods already imported under this provision in the same financial year ;
(3) In the case of spare parts of motor vehicles, and agri- cultural tractors, the importer shall also produce to tho customs authority the valid Registration Certificate of the vehicle or the tractor concerned, with an evidence of upto date payment/exemption of taxes under the Motor Vehicles Act, 1939;
(4) The goods arc shipped on through consignment basis to India on or before 31st March, 1984, without any grace period, what-so-ever;
(5) Import shall be subject to "Actual User" condition.
(6) The licence shall also be subject to condition No, 1 in Schedule V to the Imports (Control) Order, 1955;
(7) Nothing in this licence shall affect the application to any goods of any prohibition or regulation affecting the import thereof, in force at tho time when they are actually imported.
[File No. IPC/3/2/83] SCHEDULE TO OGL NO. 10/83 DATED THE 15TH
APRIL, 1983
S. Item Eligible importers, value limit No.
and purpose of import
1. Drugs and medicines (i) Hospitals and medical ins- titutions for their own use, provided the cif value of such goods imported at any one time shall not exceed twenty- five thousand rupees;
(ii) Any individual, for his per- sonal use, provided the c.i.f. value of such goods imported at any one time shall not exceed one thousand rupees; and
[iii) Registered medical practitio- ners, for their own professio- nal use, provided the c.i.f. value of such goods imported at any one time shall not exceed five thousand rupees.
2. (a) Medical including "| (i) Hospitals and medical insti- tutions, for their own use, provided the c.i.f. value of such goods imported shall not exceed two lakhs rupees, in a financial year, surgical, optical and dental instruments, apparatus and appli- ance andreplacement parts and accessories thereof and dental materials,
(b) Sutures and needles
-(ii) Registered medical practitio- ners for their own use, provi- ded the c.i.f. value of such goods imported shall not exceed five thousand rupees, in a financial year.
for surgical purposes appearing in list 5 in Appendix 10 of import & Export Po licy, 1983-84 (Vol. I).
3. X-Ray intensifying
screens.
Hospitals and radiological clinics, for their own use, provided the c.i.f. value of such goods im- ported at any one time shall not exceed fifty thousand rupees.
4. Scientific and measur-
ing instruments and chemicals.
Professionals in the fields of science, technology, engineering and medicines, for their own purposes (to which effect evi- dence shall be produced to the customs authorities) provided the c.i.f. value of such goods imported shall not exceed rupees ten thousand, in a financial year.
5. Testing equipment, testing instruments and chemicals.
Testing laboratories approved under tho Drugs and Cosmetics Act, 1940, of a total value not exceeding Rs. 50,000 (c.i.f.) in a year for their own use, on production of recommendation of State Drugs Controller.
6. Spare parts of motor
vehicles and agricultural tractors.
Persons owing imported vehicles/ agricultural tractors, for thoir own use, upto a. c.i.f. value of rupees five thousand in a fin-
ancial year.
24 THE GAZETTE OF JND1A : EXTRAORDINARY [PART Il-Sfec- 3(ii)SI,No, Item-,
Eligible importers, value limit and purpose of import
7. Amiitciire rJilio commu-
ORDER NO. tl/83
OPEN GENERAL LICENCE NO. 11/83 nication equipment inclu- ding kits, accessories (incl udins antenna ro- tary motors, feed linos, standing wave radio bridge) instruments, spa- res and components. The equipment is to conform within the following frc- quenry ranges and/or limitations;
New Delhi, the 15th April, 1983 By licensed raihoamateurs for their own purpose (evidence shall be produced to the Cus- toms authorities to this effect) provided the c.i.f. value of such goods imported in a financial year docs not exceed Rs. 10,000 Goods imported shall not be transferred to any individual or patty without prior permis- sion of the Wireless Planning & Coordination Wing of the Ministry of Communication, Government of India.
Output power
I. High frequency (H.F.) Meter Band Frequency range
limit
160 m
1.8 to 2.0 Mhz 150 wat.s
S.O. 306(E).—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947) the Central Government hereby gives general permission, till further orders to the Actual Users engaged in ship repairing work, for import of (i) capital goods, (ii) raw materials, (iii) components, (iv) consumables and (v) spares, from any country, except the Union of South Africa/South West Africa, subject to the following conditions :—
80 m
3.5 to 4.0 Mhz 150 watts
40 m
7,0 to 7,5 Mhz 150 watts
(1) The importer is registered with the Director General
Shipping, Bombay as a ship repairing unit.
20 m
14,0 to 14,50 Mhz 150 watts
21.0 to 21.50 Mhz
1 5m
150 watts
(2) The goods shall bo imported in custom bonded premises.
10 m
28.0 to 30,00 Mhz 150 watts
n. Very High Frequency (VHP)
(3) The imported goods shall be used in repairs of ocean- going-vessels, whether Indian or foreign, in the custom bonded premises.
2 m 144 to 146 Mhz 25 watts
(4) The procedure applicable for customs bonding shall be Frequency (UHF)
followed including transit bond.
III. Ultra High 70 cms
430 to 440 Mhz 25 watts.
NOTE:—- ho H.F. transceivers also incorporate either
to Mhz or 15 Mhz standard frequency receipt- tion facility for calibration purposes.
(5) At the end of each financial year, the Actual User concerned shall give an account of the items and their c.i.f. value imported and use din the ship repairing work and the amount of foreign exchange earned in ship repairs, duly certified by the bank, to the licensing authority concerned, and the Director General Shipping, Bombay. This return shall be sent through the Customs officer attached to tho unit concerned.
(6) The importer shall comply with all the conditions laid down in the Registration Certificate, issued to him by Director General Shipping.
(7) Nothing in this Licence shall affect the application to any goods, of any other prohibition or regulation, affecting the import thereof, in force at the time when such goods are imported.
[File No. IPC/3/2/831
£J
2. Under this Licence, import will also be allowed of perso- nal effects of foreign export coming to India under Government to Government agreement for the execution of a project in India on production of a certificate of the Administrative Ministry of the Project Authority concerned, at the time of clearance, to the effect that imported goods (to be mentioned in the certificate) are in accordance with the agreement entered into by the Government of India with the foreign Government concerned The import shall also be subject to the condition that the goods (other than consumables) are re-exported as boon as the foreign expert concerned leave India after completion of his assignment
[File No. IPC/3/2/8J]
ORDER NO 12/83
OPEN GENERAL LICENCE NO 12/83
New Delhi, the 15th April, 1983
S.O. 307(E).—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Government hereby gives general permission to import into India from any country except the Union of South Africa/South West Africa, any goods by Government Depart- ments (Central or State) or protects owned or controlled by Governments, subject to the following conditions •—
(i) The goods, in question, are imported free of cost in pursuance of an agreement between the Government of India and the foreign Government concerned,
(ii) The goods imported are in accordance with the relevant agreement entered into between the Government of India and the foreign Government concerned, and a certificate to this effect issued by the administrative Ministry or the Project Authority concerned shall bo produced to the customs authorities at the time of clearance,
(iii) Such goods are shipped on through consignment to India on or before 31st March, 1984, without any grace period whatsoever,
(iv) The goods so imported have not been produced or manufactured In tho Union of South Africa/South West Africa; and
(v) Nothing in this licence shall affect the application to any goods, of any other prohibition or regulation affec- ting the import thereof, in force at the tims whoa
such goods are imported,
8 6 G I / 8 3^
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]ORDER NO. 13/83
OPEN GENERAL LICENCE NO. 13/83
New Delhi, the 15th April, 1983
S.O 308 (E).—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Government gives general permission for import of machinery equipments, testing apparatus, tools and implements, required for Geni and Jewellery industry, appearing in List 1 of Appendix 10 of the Import and Export Policy, 1983-84 (Vol. 1), by Registered Exporters of gem and jawellery and Cooperative Societies of goidsmiihs and artisans, from any country except the Union of South Africa/South West Africa, subject Lo the following conditions :—
(1) The imports shall be subject to "Actual User" conditions;
(2) The goods so imported shall be of new manufacture; if they are second hand or reconditioned items, their import will be permitted only if the machinery Is not more than ten years old and its remaining life is not loss than five years, and evidence to this effect in the form of a certificate of a Chartered Engineer in the country from which the import is made, is produced to the satisfaction of the Customs authority at the time of clearance,
(3) Registered Exporter of Gem and Jewellery will furnish to the Customs authorities at the time of clearance of goods, a declaration giving particulars of his registrations tts an exporter with the Gem & Jewellery Export Pro- motion Council and affirming that such registration has not been cancelled or withdrawn or otherwise made in-operative. A Cooperative Society of goldsmiths and artisans will, likewise, furnish a declaration about its registration as a Cooperative Society;
(4) Tho Export Promotion Council for Gom and Jewellery can also import under this Licence, the equipments covered by it, for use of the Institutes set up by the Council;
(5) The goods so imported have not been produced or in manufactured in the Union of South Africa/South West Africa;
(6) Such goods are shipped on through consignments to India on or before 31st March, 1984, without any grace period, what-so-ever;
(7) This licence shall also be subject to condition No. 1 in
Schedule V to the Imports (Control) Order, 1955;
(8) Nothing in this Licence shall affect to the application to any goods, of any other prohibition or regulation affecting the import thereof, in force, at tho time when SHch goods are imported.
[File No. IpC/3/2/83]
27the Central Government gtvoa general permission to (a) Govern- ment Industrial Undertaking (Departmentally-run), Ob) Rail- ways, (c) State Electricity Boards/Undertakings/Project, in the public sector, and (d) Public Sector Industrial Undertaking under the Ministry of Defence, to import Capital Goods, raw materials, components, consumables and spares, from any country except the Union of South Afnca/South-Wcst Africa, subject to the following conditions
(1) In the case of Government Industrial Undertakings (Departmen tally -run excluding, however, Defence Undertakings), and Railways import of Capital Goods, raw materials, compo- nents, consumables and spares will be allowed undci OGL provided
0) For import of items convorcd by Appendices 3, 4, 6, 15 and 30 of the Import and Export Policy, 1983-84 (Vol I), indigenous cleat ance has been obtained from DGTD, New Delhi
(it) Where import of any electronic items including fascsimile equipment foi a c i f value of Rs 5 lakhs or more and marine electronic equipment and paits, irrespective of value, la involved, clearance has been obtained from the Department of Electronics, New Delhi
(ui) Items of Capital Goods imported are those covered by Appendix 2 of Import and Expoit and Fxport Policy, 1983-84 (Vol I) and jigs, fixtures, dies and patterns, moulds (including moulds for diccasting), and press tool, other than those in Appendices, 1, 1 and 4 of Imports and Export Policy, 1983-84 (Vol J) and parts thereof
(iv) Import is made against foreign exchange released by
the Administrative Ministry/Ministry of Finance (Deplt of Economic Affairs) and
(v) Necessary evidence of (i), (n) and (iv) above is produced
to the customs authonty at tho time of clearance
(2) In the case of State Electricity Boards/Projects/ Undertakings, m the Public sector, and the Director Generals "Doordarshan" and All India Radio, New Delhi, import of spares only will be allowed under OGL, provided —
(i) Import is made against foreign exchange released by
the Government for the purpose,
(n) In respect of non-pcnmssible spares l e those covered by Appendices, 3,4,15 oi 30 of the Import and Export Policy, 1983-84 (Vo) 1), indigenous clearance has been obtained from DGTD, New Delhi
(in) Where import of any electronic items for a c I f value of Rs 5 lakhs or more is involved clearance has been obtained from the Department of Electronics, New Delhi, and
(iv) Necessary evidence ot 0), (n) and (in) above is produced
to the customs authority at the tune of clearance
(3) In the case of Public Industrial Undertaking undci the Ministry of Defence, the following provision"; will apply —
(0 Import of raw materials, components, consumables and spares will be allowed under OGL vide item Nos 1, 2 and 4 of Appendix 10 of the Import and Export Policy 1983-84 (Vol I), subject to the conditions laid down, therein,
ORDER NO. 14/83
OPEN GENERAL LICENCE NO 14/83
New Delhi, the 15th April, 1983
(ii) R&D units will bo eligible to import raw materials and other items vide item No 5 m App 10 of the Import and Export Policy, 1983-84 (Vol I), subject to the condi- tions laid down therein.
S O 309 (E).—In exercise of tho powers conferred by Section 3 of the Imports A Exports (Control) Act, 1947 (18 of 1947)
(Hi) Import of Capital Goods will be allowed only if they appear to Appendix 2 of Import and Export Policy,
28 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SBo3(ii>]1983-84 (Vol. I) and import of jigs and fixtuers etc. will be allowed vide item No. 6 in App. 10 of the said Policy, (iv) Import of computer spares will ba allowed vide item No
8 In App. 10 of Import and Export Policy, 1983-84 (Vol. I).
(v) Import of Items which can be imported by "Actual Users" aad /or "All persons" under OGL, vide App. 10 of Import and Export Policy, 1983-84 (Vol.I), where such goods are required as raw materials, components or consumables by the importing industrial units,
(vl) The total value of imports shall not exceed the foreign exchange allocated to the industrial unit concerned by the Ministry of Defence for the purpose of such imports during the year 1983-84, and, at the time of clearance through customs, the importer unit shall submit a declaration to the effect that the value of goods under clearance/already cleared does not exceed the total amount of foreign exchange released for the purpose by the Ministry of Defence to the importing unit concerned in 1983-84.
(4) The goods so imported have not been produced or ma- nufactured in the Union of South Africa/South-West Africa.
(5) Such goods are shipped on through consignment to India on or before 31-3-1984, or in the case of raw-materials components and consumables, the goods are shipped on or before 30-6-1984 against firm orders for which irrevocable letters of credit are opened and established on or before 29-2-1984, or, in the case of Capital Goods, spares, these are shipped on or before 31-3-1985, against firm contracts entered Into and registered with a foreign exchange dealer (Bank) or before 29-2-1984, without any grace period, whatsoever.
(6) Nothing in this Licenco shall affect the application to any goods, of any other prohibition or regulation affecting the import thereof, in force, at tho time when such goods arc imported.
(7) The licence does not confer any immunity, exemption or relaxation at any time from an obligation or compliance with any requirement to which the Actual Users (Industrial) may b° subject under other laws or regulations. The importers should comply with the provision of all other laws applicable to them.
[File No. IpC/3/2/83]
29 30 THE GAZETTE OF INDIA ; EXTRAORDINARY [PART H- SEC, 3(ii)]ORDER NO. 15/83
OPEN GENERAL LICENCE NO. 15/83
New Delhi, the 15th April, 1983
S.O. 310(E).—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947) the Central Government hereby gives general permission to import into India from any country except the Union of South Africa/South West Africa, goods of the description specified in tho Schedule annexed to this Order, subject lo the following conditions :—
(1) Except in the case of "Teaching Aids" covered by Serial No. 1, all other items covered by the Schedule annexed to this Order, may bo imported by any person, for stock and sale purpose;
(2) In the case of "Teaching Aids", import will be allowed only by recognised educational, scientific, technical and research institutions, libraries of such institutions, Central or State Government Departments, industrial units engaged in Research and Development Work, registered medical institutions hospitals, consultants, recognised chambers of Commerce, productivity councils, manage- ment Associations and professional bodies., for then- own use;
(3) la the case of pulses, all eligible importers shall bo required to register their contracts with the National Agricultural Cooperative Marketing Federation of India (NAFED). Import shall be made only after tho connected contracts have been stamped by NAFED as an evidence of such registration. For this purposo, two copies of the contract should be lodged with tho NAFED; they will return one copy to the importer, duly stamped on each page, for production lo the customs at the time of clearance of goods.
(4) in the case of import of educational, scientific and tochnical books, the following conditions shall apply :—
(a) Import will not bo permitted by any one importer (including hla brandies) of more than 1,000 copies of a single title during tho licensing period without the prior writ fen clearance of the Ministry of Edu- cation and Social Welfare, New Delhi. This restriction will not, however, apply to the English language Books, Society titles and books under the Joint Indo-Soviet Text Book Programme;
(b) Import of foreign edition of books for which editions of Indian reprints are available will not be allowed;
(c) Import of only such navigational charts of Indian coastlines will be allowed as are specifically cleared by tho Chief Hydrographer to the Government of India, Dehradun;
(d) Books, magazines and journals, containing por- nographic materials or depicting sex, violence etc. will not bo allowed to be imported,
(e) Import of unauthorised reprints of books published abroad will not be allowed. At the time of clearan- ce through customs, the importer bhall furnish declaration to the effect that the books imported do not include those which are not allowed as Import-Export Policy, 1983-84.
(5) In the case of drug items, the requirements reagarding possession of ar valid licence under the Drug and Cosmetics Act, 1940, wherever necessary, should be complied with;
(6) In the case of dates, homoopathic medicines, anticauccr drugs, life saving drugs and crude drugs, import will also be allowed m traditional small packing;
(7) In tho case of spices, and dates referred to at item Nos. 10 and 11 of the Schedule tho importer shall furnish to the Chief Controller of Imports & Exports (Monitoring & Assistance Cell), Udyog Bhavan, New Delhi, quarterly reports of imports In the following proforma :—
1. Name & Address of the importer,
2. Description of the commodity imported.
3. Date of clearance through customs.
4. Quantity imported.
5. Total c.i.f. value of the consignments imported.
6. Unit price (in rupees).
The report in respect of each quarter should reach the Chief Controller of Imports & Exports by the 15th day of the month following the concerned quarter.
(8) The goods so imported have not been produced or manufactured in tho Union of South Africa/South West Africa.
(9) In the case of energy saving/conservation equipment the importer shall furnish to the Director (Administra- tion), Commission for Additional Sources of Energy, Department of Science and Technology, Technology Bhavan, New Mehrauli Road, New Delhi-110016, the following information pertaining to tho equipment imported within 15 days of the clearance of goods from the customs :—
(i) Description of the equiitoaent imported;
fli) Its c.i.f. value; (iii) Amount of custom1! duty paid on the imported
equipment;
(iv) Country from which imported.
(10) Such goods are shipped on through consignment to India on or before 31st March, 1984, without any grace period, what-so-ever;
(11) This Licence shall also be subject to condition No. 1
in Schedule V of the Imports (Control) Order, 1955;
(12) Nothing in this Licence shall affect the application to any goods, of any prohibition or regulation affecting the import thereof, in force, at the time when such goods are imported.
[File No. IPC/3/2/83]
SCHEDULE TO OPEN GENERAL LICENCE NO. 15/83
Dated the 15th April, 1983
1. Teaching Aids, the following :
(I) Microfilms and Microfiches of educational nature;
(10 Pre-recorded video and audio cassettes of educational
nature, with or without film strips.
2. Instruments and equipment required by blind, including
Braille typewriters.
3. Educational, scientific and technical books and journals
news-magazines and newspapers.
4. Life Saving Equipment appearing in Hat No. 2 of Appendix 10 of Import and Export Policy, 1983-84 (Vol. I) and their spares.
5. Family welfare equipment/instruments, appliances, namely
the following :
(i) (a) Laprescope;
(b) Culds-cope;
(c) Hysteroscopo;
(d) Vacuum Suction apparatus;
(e) as well as their accessories and spares; and
(ii) Rubber contraceptives (diaphragms only)
(iii) Intrauteiine Contraceptive Devices (other than the Lippos' Loop and Cu-T 200), coloured condoms, diaphragms, jelly and foam tablets, as approved by Drugs Controller of India, New Delhi.
(iv) Falopic rings (Silastic bands).
6. Finished drug preparations, life saving and anti-cancer drugs appearing in List No. 3 in Appendix 10 of the Import and Export Policy for 1983-84 (Vol. I).
7. Homoeophatic medicines in finished form or Homeopathio drugs (single) in basic form and/or of any potency, including 'Sugar of Milk' in bulk and biochemic medicines.
8. Crude drugs required for making Ayurvedlc and Unani medicines, as appearing in List No. 4 in Appendix 10 of Import & Export Policy for 1983-84 (Vol. I) (Import of jade, pearls, and corals will be allowed only in powder form and of non jewellery quality only).
1. Pulses.
10. Spices, the following
0) Cinnamon/Cassia,
(ii) Nutmeg/Mace,
(ill) Clove.
11. Dates (wet or dry) (imported by Indian Sailing Vessels)
12. Rock Salt.
Jl
13. (i) X-iay films (medical), the following :
(1) Cine angiographic films.
(2) Copying films (for copying X-ray radiograph).
(3) Dental X-ray film.
(4) Films for use without screens.
(5) Lo-dope mammographic films.
(6) Mass miniaturo film
(7) 35mm negative and reversal types Toft duplicating
films.
(8) Personal monitoring films.
(9) Special types of X-ray films used for changers.
(10) X-Ray Films for cat scanners.
(ii) Aerographic films
(iii) Photo type setting RC/Stablisation paper.
(Iv) Thermo graphic polymid raising and embossing
powder for printing industry.
(v) Microfile films,
(vi) Infra-red and ultra-violet films,
(vi'l) Kidney Surgery films.
14. Lubricating oils forwatches, clocks, time piece* and house
s^r\ic" mcteis.
15. Fishing hooks.
16. Non-fictional eductional and instructional short films, certified by the Board of Film Censors to be "predominan-
tly educational".
17. Photographic films (colour).
18. Photographic colour papers.
19. Photographic films (black & White) other than 120 and 620
size rolls.
20. Records for learning languages.
21. Rudraksha beds.
22. Cinematographic films, not exposed, the following :—
(i) 8mm (colour) and
(ii) 8mm (black and white negative).
23. Dental items as per List No. 6 in Appendix 10 of Import
and Export Policy for 1983-84 (Vol. I).
24. Energy saving/conservation equipment, the following :
(i) Wind driven generators,
(il) Solar Energy equipment
(iii) Parabolic focusrlng systems of the automatio eloctronfo
tracking type, including phto-cloctric sensor*.
(iv) Portable exhaust gas and combustion analysers.
(v) Steam trap leak detector,
(vi) Ultrasonic stoam leak detector,
(vii) Solar heat control films.
25. Spares, except those included in the Appendices 2,4,5 15 and 30 of Import and Export Policy 1983-84 (Vol rf of :
(1) Printing machinery.
(2) Machine tools, for cutting, forming, abrading & polish- ing metals, wood, glass and plastics including any standard or ancillary equipment, and
(3) Cinematographic equipment (4) Trawlers.
32 T HE GAZBTTB OF INDIA : EXTRAORDINARY [PAKT U - S E C. 3(ii)]ORDER NO. 16/83
OPEN GENERAL LICENCE NO. 16/83
Now Delhi, The 15th April, 1983
S.O 3U(E):—In exercise of the powers conferred by Section 3 of the Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Gjvsrnmsnt gives gansral permission for import of (a) poultry vaccinia) (all typai) by poultry farms/hatcheries approval by ths Ministry of Agriculture, Qovernmsnt of India, Novv Delhi, (b) Madical Gas Cylinders of 10.2 litre water capacity and below, (c) Gibberellio Acid, (d) Grape Guard Paper and (e) Photographic chemicals-developers, fixers, intensifies, reducers tonars and cleaning agents, from any country except the Union of South Africa/South West Africa, subject to the following conditions:—
(I) In the case of import of poultry vaccines:—
(i) The importer shall at the time of clearance of goods from the customs, furnish a certificate from the Ministry of Agriculture, New Delhi or the concerned State Director of Animal Hiubandary/Veternary Service, regarding the essentiality of the material (description/qiiantity/value) to the party concerned;
(ii) The importer concerned shall, within 15 days from the date of the clearance of the consignment from Customs, intimate to the Ministry of Agriculture, New Delhi, particulars of the items imported, their quantity, and CIF value.
(iii) The imported matierial shall be subject to the "Actual User" condition at the hands of the poultry farm/hatchery concerned.
33"Hf In the case of medical gas cylinders, import shall bo allowed to Actual Users (Industrial) having Industrial licence/registration for manufacture of medical gas (.oxygen) and nitrous oxide and having valid licence issued under the Drugs and Cosmetics Act, WO. It shall also be a condition that the imported meJical gis cylinders shall be used only for medical purpose for compressing and supplying medical guv
(1) In the case of (i) GibbcreUic acid and (ii) Grape Guard paper, the eligible importers will be agriculture deve- lopment enporations of the Central or State Govern- ment/Union Territory, co-operative societies of farmers, and Associations of farmers recognised by Government. The imported material shall be for distribution to Grape growers only and the importer shall maintain proper account of distribution of the imported goods and pro- duce such account to the licensing authority and oiher concerned Government authorities,
(4) Tn the cuso of photogiaphic chemicals referred to in (e) above, the eligible importers will be (i) Actual Users registered under the local law applicable to shops and establishments and (ii) Film Studios, film processing laboratories and testing laboratories certified as such by the State Director of Industries.
(5) At the time of clearance of goods, the importer shall furnish to the Customs authoiity a declaration giving particulars of recognition/registration with the authority concerned, namely, number and date of recognition/ registration certificate and affirming that such recog- nition/registration has not been cancelled or withdrawn or othciwise made inopciative. In cases, where sepa- rate recognition/registration number has not been allotted by the authority concerned, the importer shall produce other evidence to the satisfaction of the customs authority.
(<5) The importci shall maintain proper account of consump- tion and utilisation of the goods imported under this Licence in the form and manner laid down and produce such account to the Licensing authority or any other Government authority within such time as may be specified by it,
(7) Tho goods so imported have not been produced or manufactured in the Union of South Africa/South West Africa.
(8) Such goods are shipped on thorough consignment to India onor before 31st March, 1984, without any grace period, what soever,
(9) This licence shall also be subject to the condition No. I
in Schedule V to the Import (Contr .1) Order, 1955.
(10) Nothing in this licence shall affect the application to any goods, of any other prohibition or regulation affect- ing tho import thereof, in force at the time when such goods arc imported,
(11) The licence does not confer any immunity, exemption or relaxation at any time from an obligation or compliance with any requirement to which the Actual Users may be subject to under other laws' or regulations, Tho im- porters should comply with the provisions of all other laws applicable to them.
[File No. IPC/3/2/83]
6BGT/83-5
34 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(U)1ORDER NO. 17/83
OPEN GENERAL LICENCE NO. 17/85
New Delhi, (he 15th April, 1983
S.O. 312(E)—-In exercise of powers conferred by Section 3 of Imports and Exports (Control) Act, 1947 (18 of 1947), the Central Government gives general permission, till further orders, to the Actual Users approved by Government as 100% export-oriented units, for the import of (i) Capital Goods (whether new or second hand), (li) prototype and technical samples, not exceeding two in number of each type, for product diversification and development or evaluation, (iii) Diesel Generating Set, (lv) raw materials, consumables and inter- mediates, (v) components, (vi) packing materials and (vii) spares, subject to the following conditions:—
(1) The Importer should be a manufacturer approved by Government as 100% export-oriented unit.
(2) Import shall bo subject to "Actual User" condition.
(3) The goods shall be Imported in customs bonded factory.
(4) The entire production and operations sliiill re urdcr customs bonded factory,
(5) The procedure applicable for custom;, bonding shall be followed, including transit bond for the purpose of goods being taken from the port of importation to the factory.
(6) The entire pioducliou slmll be exported, except rejects upto 5% or such percentage as may bo fixed by the Board set up by Government for according approval for setting up 100°^ export oriented units.
(7) A minimum .value added of 20% shall be necessary for production. Domestically procured raw materials shall be treated as imports for computation of minimum value added.
(8) At the end of each financial year industrial unit con- cerned shall givo an account of the items and their c.l.f. value imported and the products and their f.q.b. value exported during the year, to the licensing authority concerned. These returns shall be sent to the licensing authority through the Customs Officer attached to the industrial unit concerned.
(9) The unit shall comply with all the conditions subject to which payment of customs duty on the imported materials is exempted in its case.
(10) Exports made by the unit under this provision shall not be eligible for import replenishment licences.
(11) For import of second-hand Capital Goods, the importer shall produce to the customs authority at the time of clearance, a certificate from a, professional independent Chartered Engineer/any equivalent institute in the country from which import is made, indicating:—
(a) Name of manufacturer of the plant and machinery;
(b) Year of manufacture;
(c) Present condition of the plant and machinery aud expected residual life (Import of machinery having expected residua] life of less than 5 years and also machinery more than 10 years old shall not be allowed);
(d) The CIF value of equivalent Capital Goods, if purchased new.
2. On the recommendation of the Export Commissioner in the Office of the Chief Controller of Imports &. Exports, New Delhi, such units may also import, for the purpose of their own production/use, product diversification and development or evaluation:--
(I) Prototypes and technical samples not covered in para 1;
(ii) Drawings, blue prints, charts, technical data including micro-films; and
(ill) Office equipment, spares and consumable-, thereof.
3. The provisions of this Open General Licence will also apply for the Import of Capital Goods (whether new or second- hand) by industrial units exporting 100% of their production already, atleast during the previous three financial years, but not approved as such by Government under the scheme of 100% export-oriented units, on payment of customs duty at may be leviable, subject to the following conditions:—
(i) The importer shall produce at the time of clearance through customs the certificate referred to In sub- clause (11) above, when importing second-hand Capital goods;
55(ii) At the time of clearance through customs, the importer shall produce Export Performance Certificate obtained from the Chief Controller of Imports & Exports, New Dzlhi, in acjoi'ddnu with th; procedures kid down m the relevant import policy, as an evidence of having exported 100% of its production in the previous three financial years,
(iii) The import shall be subject u Actual User condition.
•1. This licence is in supersession of the Ministry of Commerce Impoit Trade Control Order No. 17/82 dated the 5th April, 1982.
IFileNj. l/2'RPp/-74-Ei>C Vy. X] ORDER NO. 18/83
OPEN GENERAL LICENCE NO. 18/83
New Delhi, the 15th April, 1983
S.O. 313(E).—In exercise of the powers conferred by Section 3 of Imports & Exports (Control) Act, 1947 (18 of 1947), the Central Government gives general permission, till further orders, to the Actual Users located in the respective Zones for the import of (1) Capital Goods, (2) raw materials, (3) Components, (4) spares, (5) consumables, (6) packing materials, (7) tools, jigs, fixtures and gauges, (S) prototype and technical samples not exceeding two in number of each type for product diversification and development or evalua- tion into (i) the Kandla Free Ti ad Zone, and (ii) the Santacruz Electroncce Export Processing Zone, subject to the Actual User condition as applicable thereto in each case.
2. On the recommendation of the Development Commi- ssioner of the concerned Zone, such Actual Users may also import for the purpose of their own production/use, product diversification and dcvelopement or evaluation (i) prototype and technical samples not covered in para 1, (ii) drawings, blue prints, charts, technical data including micro-films and (iii) office equipments, spares and consumables thereof.
3. Such Actual Users may also import goods received (i) for repairs/reconditioning by them in the zone and to hi re-exported thereafter or (ii) back from the consignees overseas within a a period of three years from the date of their despatch to him by the Actual User (after following the connected formalities under the Foreign Exchange Regulations Act).
4. The importer shall maintain in tho prescribed form proper account of the import, consumption and utilisation of all im- ported materials and of the exports made by him and submit them periodically as required to tho Development Commissioner of the Zone and to the licensing authority concerned. The importer shall conform to the minimum value added condition stipulated by Government in his case.
5. This licence is without prejudice to the application to any goods of any other prohibition or regulation affecting the import that may be in force at the time when such goods arc imported.
6. This licence is in supersession of Ministry of Commerce Import Trade Control Order No. 18/82, dated the 5th April, 1982.
[File N J. 1/2/XVI/REP/74-EPC(VO1. X)]
36 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEc.3(ii)](3) Capital Goods mentioned in Appendix 1 of Import & Export Policy, 1983-84 (Volume-I) will not be allowed to be imported. In respect of other items of C-inital Goods, import shall be subject to indigenous clearance to be obtained from DGTD, New Delhi,
(4) The import shall be subject to Actual User condition.
(5) Tho Licence shall also be subject to the condition No. (I) in Schedule V of the Imports (Control) Order, 1955.
(6) The goods so imported have not been produced or manufactured in the Union of South Africa/South West Africa,
(7) Such goods are shipped on through consignment to India Qn or before 31-3-1984 or on or before 31st March, 1985 agaiusl firm contracts ontercd into and registered with a foreign exchango dealer (bank) on or before 29-2-1984 without any grace period whatsoever.
(8) Nothing in this Licence shall affoct the application to any goods, of any otlier prohibition or regulation affecting the import thereof, in force at the lime when such goods are imported.
(9) The Licence does not confer any immunity, exemption or relaxation at any time from on obligation or compli- ance with any requirement to which the Actual Users (Industrial) may be subject under other laws or regula- tions. The importers should comply with the provision of all other laws applicable to them.
[Fil N J. IPC/3/9/83[
ORDER NO. 19/83
OPEN GENERAL LICENCE NO. 19/83
New Delhi, the 15th April, 1983
S.O. 314 (E) .—In exercise of the powers conferred by Section 3 of the Imports and Exports (Control ) Act, 1947 (18 of 1947), the Central Government hereby gives general permission the import into India from any country, except the Union of South Africa/South West Africa, Capital Goods, subject to the follo- wing conditions:—
(1) The eligible importers will be:—
(i) M/s. Coal India Limited,
(ii) M/s. Ncyveli Lignite Corporation Limited,
(iii) M/s. Bharat Coking Coal Limited,
(iv) M/s. Central Coalfields Limited,
(v) M/s. Eastern Coalfields Limited,
(vi) M/s. Western Coalfields Limited,
(vii) M/s. Central Mine Planning and Design Institute
Limited.
(vlii) M/s. Singaieoi Colliwias Company Limited,
1,2) Import shall bo mads only against foreign exchange
released by the Govemmaui for tho purposes.
3?ORDER NO. 20/83
OPfcN GENERAL LICENCE NO. 20/8.1
New Delhi, The 15ili April, 1983
S O. 3J5(E).—In c\eicise of the powers conferred by Section 3 of the Imports & Exports (Control) Ad, 1947 (IS of 1947) the Central Government hereby gives general permission to import into Tndia from any country, except the Union of South Africa/South West Africa, motor cars by disabled persons. subject to the following conditions:—
(1) The motor car to be imported shall be that specially designed or adapted for use by the disabled eligible per- son concerned.
(2) The eligible impoitei shall be the disabled person who is granted customs duty relief by the Department of Re- venue, Ministry of Finance, Government of India, New Delhi, on the same car that Is being imported. The importer shall produce evidence in support of this to the customs authority at the time of clearance.
(3) The motor car to be imported should have the same engine capacity, horse power, seating capacity and other specifications, for which the Department of Re- venue, Ministry of Financo, New Delhi have granted relief by way of lower customs duty to the concerned importer.
(.4) The imported motor vehicle shall be for personal use of the concerned disabled person, subject to "Actual User" condition, and it shall not at any time be sold or trans- ferred or otherwise disposed of or pledged/hypothecated with any person and the importer shall not also part with possession of the motor car, in question, at any time.
(5) The imported car ha-, not been produced or manufac- tured in the Union of South Africa/South West Africa.
(6) The imported car is shipped through consignment to India on or before 31st Macrh, 1984, without any grace period whatsoever.
(7) Nothing in this Licence shall affect the application to any goods, of any other prohibition or regulation affecting tlw import thereof, in force .it the time when luch goods arc permitted.
[File No. IPC/3/2/83]
38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H—SEC. 3(ii)] 39ORDER NO, 21/83
OPEN GENERAL LTCENCK NO. 21/81
New Delhi, the 15th April, 1983
S,O, 3i6(E). m exercise ol the powers conferred b> Section 3 of the Imports & Exports (Control) Acl, 1947 (IS of 1947) the Central Government hereby ghes general permission to import Into India from any country, except tho Union of South Africa/South West Africa, Capital Goods, raw-materials components, consumables and spares b> Actual Users (Indus- trial), under the facilities available to rion-iesident Indians in the Import & Export Policy for 19R3-"4 (Vol. 0, subject to the following conditions :—
(1) Tho eligible importers shall bt non-resident Indians (which includes non-resident Indians who have acquired foreign nationality, persons of Indian origin lesidins abroad, and companios, firms, socieitics and similar other corporate bodies owned to the extent of at least 60 per cunt by eligible non-resident persons),
(2) Such eligible person shall either return to India fo r
-settlement, for setting up an industry in India, or shall make investment in an industry, including investment for expansion, diversification or modernisation of an existing industry in which the share of the eligible per- sons) or companies etc. referred to in (1) above, shall be only unto 40 per cent,
(3) At the time of clearance of goods through Customs, the importer shall produce satisfactory evidence to establish his eligibility under (1) and (2) abo\c.
(4) Eligible persons can import machinery and connected raw-materials, components, consumables and spares under this Licence, subject to 'Actual User1 condition • purchased out of tho importers foreign exchange ear- nings & resources abroad, with no remittance from India, for use in an enterprise in India, subject to the conditions stipulated. The impprted machinery and other materials shall be used in the industry being set up by the importer in India or for use in the industrj in India in which the importer will be investing, in accordance with the policy in force. At the time of clearance through Customs, the importer shall furnish A declaration that :—
(a) the imported machinery and other materials has
been purchased out of importers earnings/resources abroad, and does not involve any remittance from India; and
(b) Within three months of the date of clearance from the Customs, the importer shall inform about the import of the machinery and other materials, in question, to the Director of Industries of the State in which the machinery shall be used.
(5) Import of generating sets, computer sjstem, office equipment, proto-types, and banned Capital Goods in Appcndix-1 of Import & Export Policy,<1983-84 (Vol. I) and second hand (used) Capital Goods except those covered by App. 2 of Import & Export Policy, 1983-84 (Volume I) shall not be allowed under this Licence,
(6 1) There will be no upper limit for import of Capital Goods meant for electronic industries manufacturing one or more of tho following subject to industrial licensing regulations :—
(i) Floctronic Components (other than LSI, VLSI)
(li) Electronic instalments;
(ni) Cape recorders.
(iv) Two-in-ones,
(\) Hi I-"i equipment,
(vi) Electronic le.idiing aids,
(vii) Industiial and process contiol systems;
(viii) Major sub s>s(ems, ratlin, navigational
aides and communication equipment, .md
d\) Clettt.init' medical equipmenf,
((i 2) In respect of units manufacturing radats, nuwgauoiityJ aides and communication equipment, ti specific prior approval of the Department of Electronics. Lok Nay.ik Bhavan, New Delhi shall lie necessary before Inking up manufacturers,
(r> 3) Manufactuie of computers shall not be Allowed urub
this provision,
(6 4) The eligible importer will tv allowed to import any Capital Goods nocessary foi 1he manufactuio of the items and equipments mentioned in condition No (u lj above. No cleaiance from indigenous angle would be required for import,
(d.5) For industries listed in (6,lj above, import of raw,
materials, components, consumables, and spare will also be allowed under this Licence, to meet only the rirst 12 months' requirements of the industrial unit. Items appearing in Appendices 3, 4 and 6 of import-export policy,' 1983-84 (Volume I) shall require prior clearance of the Department of Electro nics, New Delhi and such clearance shall be produced to the customs authority at ihe time of import Imported materials shall be used in the same unit for which the machineiy undci this Licence is imported,
(7) In the case of industries other than those mentioned in sub-para (6.1) above, the value of machinery imported shall not exceed Rs, 20 lakhs (cif) and the unit hi which imported machinery shall be used will not have n total capital investment in plant and machinery of a value, moie than the upper limit fixed for small scale industries.
(8) Persons eligible to import machineiy under sub-para (7) of this Licence, can also import raw-materials, compo- nents, consumables and spares for meeting their first 12 months requirements under this Licence, subject to a maximum of Ks. 5 lakhs (cif) in value. For items appeal inp in Appendices 3, 4 and 6 of the Import A Export Policy, 1983-84 (Vol.1), prior clearance from DGTD, New Delhi or the Department of Electronics New Delhi, as the case may be, shall be obtained and produced to customs authority at the time of import Imported material shall be used in the same unit foi which the machinery under this Licence Is imported,
(9) Neither the capital investment nor dividends shall be allowed to be repatriated abroad in tho case of those returning to India lor settlement. In other cases, re- patriation facilities will be subject to Government's policy as in force from time to time,
(10) Imports shall be subject to 'Actual User' condition. No. permission for sale of Capital Goods shall be allowed for a period of five years.
40 T H£ GAZETTE OF INDIA : EXTRAORDINARY [PART I I - S B C. 3(ii)](It) The industrial unit concerned will be required to obtain industrial licence or registration with the DGTD, New Delhi or State Director of Industries or other authorities concerned, in accordance with the policy and the pro- cedures in force in this regard within a period of 12 months from the dute of import of first consignment of Capital Goods under this Licence,
(12) The eligible importers shall" abide by tbe foreign ex* change regulations and obtain necessary permission of the Reserve Bank of India to retain foreign gunency balances abroad as required under the rules in force,
(13) The goods bo imported have not been produced or manufactured in the Union of South Africa/South West Africa,
(14) Such goods are shipped on through consignment to India ou or before 31O-1984 or on the dates mentioned below, without any grace period whatsoever :—
(a) On or before 30-6-1984 in the case of raw-materials, components and consumables for which irrevocable letters of credit are opened and established on or before 29-2-1984;
(b) On or before 31-3-1985 in the case of Capital Goods and spares where a firm contract has been entered into and registered with a foreign exchange dealer (bank) on or before 29-2-1984,
(15) Nothing in this Licence shall affect the application to any goods, of tiny other prohibition or regulation affecting the import thereof, in force at the time when such goods are permitted,
(16) The licence doc? not confer any immunity, exemption or relaxation at any time from an obligation or compli- ance with any requirement to which the Actual Users (Industrial) may be subject under other laws or regula- tions. The importers should comply with the proviiion of all other laws applicable to them.
[File No. PC/V2/SJ1 ORDER NO. 22'83
New Delhi, the 15th April, 1985
S.O. 317(E).—In exercise of the powers conferred by Section 3 of the Imports and Exports (Control) Act, 1947 (18 of 1947). the Central Government hereby makes the following order further to amend the Imports (Control) Order, 1955 :--
(1) This order may be called the Imports (Control) Amend- ment Order, 1983.
(2) In the Imports (Control) Order, 1955 :—
(i) In sub-clause (gg) of clause 11(1), after the existing sub-item (vl), the following shall be added :—
(vii) Firearms and ammunition
(viii) Consumer electronic items (Excpct hearing aids and life saving equipments, apparatus and appliances and parts thereof).
(ii) In the existing proviso, after sub-item (viii) the words "five hundred rupees" shall read "One thousand rupees".
[File No. lTC/Hfl/Chaptcr-I/83-84] ROMA MAZUMJDAR, Chief Collector, Imports and Exports
PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064
AND PUBLISHED BY THE CONTOOIXER OF ?U"LICATIONS, DELHl-110054, 1 9 83
- . (xxvii) Copper wire/strips (oxygen free types) (xxviii) Graphite jigs. 43, Pitch. (xxix) Laminations/strips of Mu metaJ/Radio metal. (xxx) Litz wire/Rayon Covered copper wire. 44, Plain/metallized condensor tissue paper. (xxxi) 'KOVAR' and alloys, of NicVel-iron/cobah in all form? 45. Plain/metellised capacitor tissue paper. ↩