REGISTERED No. D. (D.N.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Subsection (i)
PUBLISHED BY AUTHORITY
No. 394] NEW DELHI, FRIDAY, SEPTEMBER 30,1983/ASVINA 8, 1905
Separate Paging is given to this Part In order that it may be filed as a separate compilation
853 GI/83
(1)
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)].MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
No. 279|83-CUSTOMS
New Delhi, the 30th September, 1983
G.S.R. 767CE).—In exercise of the powers con- fered by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), and in super- section of the notification of the Government of India in Ministry of Finauce (Department of Revenue) No. 17-Customs, dated the 25th Jan- uary, 1979, the Central Government, being satis- fied that it is necessary in the public interest so to do, hereby exempts all equipment, apparatus and appliances, including spare parts, component parts and accessories thereof, but excluding con- sumable items, (hereinafter referred to as the hos- pital equipment), the import of which is ap- proved, either generally or in each case, by the Government of India in the Ministry of Health and Family Welfare, or by the Directorate Gene- ral of Health Services, Government of India, as essential for use in any hospital, specified in the fable below, from—
(i) that the hospital equipment in respect ol able thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975); and
(ii) the additional duty leviable thereon under section 3 of the said Custom Tariff Act.
2. In approving the import of any hospital quipment under paragraph 1, regard shall be had 3 the following factors, namely :—
(i) that the hospital equipment in respect of which the exemption is claimed under this notification is not manufactured in India; and
(ii) that the hospital equipment in respect of which the exemption is claimed is neces- sary for running or maintenance of the hospital.
3
TABLE
1. All hospitals run by—
(a) the Central Government, a State Govern- ment, a Union territory Administration or a local authority; or
(b) institutions established by or under any law for the time being in force; or
(c) societies registered under any law for the time being in force relating to re- gistration of societies, such societies being controlled by any of the authori- ties referred to in clause (a).
2. AH such hospitals as may be certified by the
said Ministry of Health and Family Welfare, to , be run or substantially aided by such charitable organisations as may be approved, from time to time, by the said Ministry of Health and Family Welfare.
3. All such hospitals which may be certified by the said Ministry of Health and Family Wel- fare, either generally or in each case, to be run for providing medical, surgical or diagnostic treatment not only without any distincion of caste, creed, race, religion or language but also,—-
(a) free, on an average, to at least 40 per
cent of all their outdoor patients; and
(b) free to all indoor patients belonging to families with an income of less than rupees five hundred per month, and keeping for this purpose at least 10 per cent of all the hospital beds reserved for such patients; and
(c) at reasonable charges, either on the basis of the income of the patients con- cerned or otherwise, to patients other than those specified in clauses (a) and (b).
4. Any such hospital in respect of which the said Ministry of Health and Family Welfare, may, having regard to the type of medical, surgi- cal or diagnostic treatment available there, or the geographical situation thereof, or the class of patients for whom the medical, surgical of diag- nostic treatment is being provided, certify either generally or in each case, that the hospital, even though it makes a charge for the said treatment, is nevertheless run on non-profit basis and is de- serving of exemption from the payment of duty on the said hospital equipment under this noti- fication :
Provided that the hospital equipment in respect of which the exemption is claimed, is imported by such hospital by way of free gift from donor abroad or has been purchased out of donations received abroad in foreign exchange :
4 THE GAZETTE OF INDIA : EXTRAORDINARY TPART II—SEC. 3fi)]Provided further that where the said hospital equipment has been purchased out of donations received abroad in foreign exchange, the hospital has been permitted to maintain an account abroad by the Reserve Bank of India for the pur- pose of receiving funds donated overseas.
5. Any such hospital which is in the process of being established and in respect of which the said Ministry of Health and Family Welfare is of opinion —
(i) that there is an appropriate programme for establishment of the hospital,
(ii) that there are sufficient funds and other resources required for such establish- ment of the hospital,
(iii) that such hospital would be in a position to start functioning within a period of two years, and
(iv) that such hospital, when starts function- ing, would be relatable to a hospital specified in paragraph 1 or 2 or 3 or 4 of this Table, and the said Ministry of Health and Family Welfare certifies to that effect :
Provided that —
(a) in the case of a hospital relatable to paragraph 4 of this Table, the impor- ter produces evidence to the Assistant Collector of Customs at the time of clearance of the said hospital equipment that the same is being imported in ac- cordance with the conditions specified in the proviso, to that paragraph;
(b) the importer shall give an undertaking in writing to the Assistant Collector of Customs at the time of clearance of the said hospital equipment that the importer shall furnish certificates from the said Ministry of Health and Family Wealfare or from the Directorate Gene- ral of Health Services, Government of India, within such period as the Assis- tant Collector of Customs may specify in this behalf or within such extended period as the Assistant Collector of Cus- toms, on sufficient cause being shown, may allow in each case, to the effect —
(i) that such hopsital equipment has been
installed in the hospital, and
(ii) that such hospital has started func-
tioning;
(c) the importer shall furnish, at the ap- propriate time, the certificates referred to in (b);
(d) the importer executes a bond in such form and for such sum as may be spe- cified by the Assistan Collector of Cus- toms binding himself to pay, on demand, an amount equal to the duty leviable on the said hospital equipment, —
(i) If such hosptial starts functioning within the period specified therefor, as is not proved to the satisfaction of the Assis- tant Collector of Customs to have been isntalled in such hospital, or
(ii) if such hospital does not start function- ing within the period specified therefor.
Explanation.—For the purposes of this notifica- tion, the expression "hospital" includes any Insti- tution, Centre, Trust, Society, Association, Lab- oratory, Clinic and Maternity Home which renders medical, surgical or diagnostic treatment.
[F. No. 460!96|83-CUS.VI
RAJENDRA PRAKASH, Under Secy.
NO. 280/83-CUSTOMS
G.S.R. 768 (E),—In exercise of the powers con- ferred by sub-section ( i) of section 25 of Cus- toms Act, 1962 (52 of 1962), read with sub-sec- tion (4) of section 45 of the Finance Act, 1983 (11 of 1983), the Central Government, being satis- fied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 126/83-Customs, dated the 13th May, 1983, namely :—
In the Schedule to the said notification, after Serial No. 232 and the entry relating thereto, the following Serial No. and entry shall be inserted, namely :—
"233 No. 279/83-Customs, dated 30-9-1983".
[F. No. 460|96l83-Cus.V] RAJINDER PRAKASH, Under Secy.
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