Subject NOT available

click here for IIIF manifest

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

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 102] NEW DELHI, WEDNESDAY, AUGUST 1, 1984/SRAVANA 10, 1906 Separate Paging is given to this Part in order that it may be filed as a separate compilation

592 GI/84—1.

(1)

MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

PUBLIC NOTICE NO. 39—ITC (PN)|84

New Delhi, The 1st August, 1984

Subject.—Licensing conditions for import of Microfilm equipment and services neces- sary for transportation of the equipment to ports in India from Japan by the National Archives of India, New Delhi under Japansff Grant Aid fox 1983-84 of Yen twenty million.

File No. IPC|23(4)|84—The terms and conditions governing imports under the Japanese Grant Aid of yen 20 million of Microfilm equipment from Japan by National Archives of India, New Delhi, as given in Appendix to this Public Notice are notified for information.

P.C. JAIN, Chief Controller of Imports & Exports

Appendix to Ministry of Commerce Public Notice No, 39-JTC (PN)jS4> d;ited the 1st August 1984

Licensing Conditions for import of microfilm equip- ment and services necessary for the transporation of the equipment to ports in India from Japan under Japanese Grant Aid for 1983-84 of Yen hventy million (Yen 20,000,000).

Section 1 General Conditions

I (i) 'I he Japanese Grant Ai.l for 1983-84 uf Yen 20 million (C&F) is intended to be used for financing payments to Japanese Suppliers for import of microfilm equipment aud services necessary for the transportation thereof to ports in India, by the National Archives of India, New Delhi.

I (ii) The import licence should be issued for an amount no exceeding yen 22 million (GIF) in favour of the importer, and should bear the superscription "Yen 20 million Japanese Grant Aid for 1983-84". The licence code for the first and second suffix will be "S|JN".

I (iii) No remittance of foreign exchange will be permitted against the import licence, except bank charges to the Bank of India, Tokyo which may be remitted through normal banking channels. Payment towards Indian Agent's Commission, if any, should be made in Indian ruppes to the agents in Tndia, Such payments, however, will form part ,of the licence value and will, therefore, be charged to the licence.

I (iv) Thfe equipment should be procured only

from Japan under this Grant Aid.

J (v) The import licence will be issued on CIF

basis with validity upto 31-3-85.

I (vi) The contract should prcnide for payment on cash basis i.e. on presentation of shipping documents by the Japanese suppliers to the Bank of India, Tokyo. It should also provide for the period of delivery as follows :—

"deliver)' to be completed by 15-3-1985".

I (vii) The contract vnluc- (C&F basis only) should be expressed in Yen (fraction of' Yen should be omitted) and should exclude Indian Agent's Com- mission, if any. In no circumstances the contract value should be expressed in any other currency.

The FOB cost and freight amount should be shown separately but it should be clarified in the contract itself whether the freight will be payabls on actual basis or whether the freight charges indicated therein would be the amount payable irrespective of the actual charges.

I fviii) The purchase contract should be entered into only with, the Japanese nationals or Japanese juridical person controlled by Japanese nationals.

SECTION II

The following provision should be specifucilly

incorporated \n the supply contract : —

II (i) The contract is orranged in accordance with Hie Agreement dated the 11th May, 1984 between the Government of India and Government of Japan con- cerning the Grant Aid of Yen 20 million for 1983-84 and will be subject to the approval of; both the Gov- ernments.

TI (ii) Payments to the suppliers shall be made through an 'Authorisation to pay' (A|P) which will be Issued by the Controller of Aid Accounts &. Audit, Ministry of Finance, Department of Economic Affairs, UC'O Bank Building, Parliament Street, New Delhi-110001 in favour of the Bank of India, Tokyo, undor the Japanese Grant Aid for 1983-84.

11 (iii) The Japanese suppliers agree to furnish such information and documents as may be required by the Government of India on the one hand and the Government of Japan on the other.

II (iv) The Japanese supplier agree to make ship- ping arrangements in consiilta'ion with the Embassy of 'india, Tokyo and that for this purpose he would keep the Embassy of India, Tokyo informed of the delivery schedule of the goods involved and notify the Embassy of India, at least six weeks in advance of the shipping required so that suitable arrange- ments should be made. In exceptional cases, where the importer require it this period of notice may be reduced. The Japanese supplier should also agree to send a cable advice to the importer after each ship- ment giving the necessary details and a copy thereof should be sent to the Embassy of India, Tokyo.

Section Ul : Contract Approval by Governments of India and Japan.

III (i) As soon as the orders are finalise, the importer should forward to the Under Secretary (I.A.), Department of Economic Affairs, Ministry of Finance, North Block, New Delly 4 copies of the contract duly signed by both parties or purchase or- ders by the Indian importer placed on the Japanese supplier supported by order confirmation in writing by the Japanese supplier or their photo copies com- plete in all respects together with two copies of the 'Request for issue of A|P" in the form at Annex. I. The above procedure will also apply to all contract amendments causing essential modifications to the contents of contract? or in its price.

Ill (ii) The Ministry of Finance (DEA) Japan Section will arrange to send one copy of the con- tract to the Gonvternment of Japnn for their approval for financing under the Japanese Grant Aid for 1983-84 of en 20 million, and one set of the docu- ment^ mentioned ir> (i) above will als obe sent to the CAA&A and the Embassy of India in Tokyo simultaneously.

Ill (iii) On receipt of the contract approval from the Government of Japan, the Japan Soctlon of the Department of Economic Affairs, Ministry of Finance-, North Block will inform the Controller of Aid Accounts & Audit, Department of Economic Aff- nlrs. Ministry of Finance UCO Bank Building, Parliament Street, New DelhMlOOO] of the same who will issue an 'Authorisation to Pay' (AlP) to the Bank of India. Tokyo in the form at Annexure II for

making payment to the Japanese supplier. Copies of ttic A|P will be endorsed 10 the Embassy of India, '1'okyo, the importer, importer's Bank in India and japan Section Department n[ Economic Affairs. Ministry of Finance.

III (iv) On receipt of the Authorisation to Pay (A|P) the Bank of India, Tokyo will intimate the fact of this receipt to the Japanese supplier under in- timation to the Government of Japan, Embassy of India, Tokyo, the importers' Bank in India and the CAA&A.

III(v) The Japanese supplier shall, after effecting shipment present through his bankers the documents specified in the A|P to the BO!, Tokyo. If the docu- ments are found'to be in order, the Bank of India, Tokyo will release the amount specified in the docu- ments to the Japanese supplier through his bankers.

Ill(vi) Banking charges payable IO the Bank of India, Tokyo for arranging the payment to the Japanese supplier shall be sealed by the concerned import's bank* in India by remittances to the BOI, Tokyo through normal banking channel without affec- ting the Government of India's account.

Section IV : Responsibility for rupee deposit.

IV (i) The original negotiable shipping documents will be invariably forwarded by the Bank of India, Tokyo, to the concerned importers bank of India, which would be a branch of the State Bank of India or any of the nationalised banks as mentioned in (O) in Annexure-I who should release these negoti- able set of documents^ to the importer concerned only after ensuring that the rupee equivalent of the Yen payments made to the Japanese supplier alongwith interest charges thereon calculated at the rate of 1? per cent per anum for the first thirty days and at 18 per cent for the period in excess thereof reckon- ed from the date of payment by the Bank of India, Tokyo to the Japanese Supplier to the date of ac- tual rupee deposit, is deposited into Government of India account in terms of the Public Notice No. 31- ITC(PN)|83 dated 10-8-83. The interest is pay- able for both the days¹ i-e, the day in which payment ig made to the Japanese supplier and al^o the day on which rupee deposits is made in to Government account vide Public Notice No, 74-ITC(PN) |74 dated 31-5-1974 as modified under Public Notice No. 103- ITC(PN)|76 dated 12-10-1976. The exchange rate to be adopted for computing the rupee equivalent of the Yen Payment will be the prevailing composite rate of exchange as laid down in CCI&E Public Notice No. 8-ITC(PN)|76 dated 17-1-1976 or as may be notified by Government from time to time through Public Notices of the CCT&E or through Exchange control circulars of the Reserve Bank of India. Any change in this regard as also in regard to the rate of interest will be notified as and when necessary. It will be the responsibility of the Indian bank concern- ed to ensure that the amounts duc- are correctly de- posited into Government Account befoie the import documents are handed over to the importers. Tlie importer should also en- ure that the amouDts due arc correctly deposited into Government account before taking delivery of the documents from their bankers. It is the responsibility ot the importer to ensure that the amounts due are correctly deposited in to the Government account promptly even when they ob- tain delivery of the goods from the customs authori- ties under exceptional circumstances. In case the im- porter fails to deposit the amounts due to Govern- ment before taking delivery of the goods', the issue of further IAS to him may b^ stopped and the mat- ter reported to the CCT&E so that no further import license is issued to such :in importer. The Head of Account to which the above rupee deposits should be credited is "K-Deposits and Advances-843-Civil Deposits-Deposits for purchases etc.. abroad—-pur- chase under Grant Aid from the Government of Japan"—for 1983-84, Grant for purchase of the> microfilm equpmentjservices for the purpose of preser- ving the historical records of India.

IV (ii) The amount rcfercd to above should be deposited in cash io the credit of the Government cither in the Reserve Bank of India, New Delhi indi- cating Code No. 5130000009 on the right hand cor- ner of the challan or in the State Bank of India, Tis Hazari. Delhi or if this is not possible, should be re- mitted by means of a demand draft obtained from any branch of the State Bank of India or its subsidiaries or any one of the Nationalised Banks f Drawer) drawn on and made payable to the State Bank of Tndia, Tis Hazari Branch, Delhi-6 (Drawee and Payee) for credit to Government account as contemplated in Public Notices No. 184-ITC(PN)|6S dated 30-8-1968. No. 233-ITC(PN)|68 dated 24-10-1968 and No 132- ITC(PN)|71 dated 5-10-1971 No. 74-ITC(PN) |74 dated 31-5-1974 and No. 1.03-ltC(PN)|76 dated 12-10-1976.

IV fin) The concerned bank in Tndia shall also furnish such additonal deposit in the same manner stipulated above as may be requested by the Govern- ment of India on account of srevice charges within seven days after such a demand is made by the Gov- ernment. While filling in the various columns in the Challan it should bo ensured by the Jmporterskheir bankers that the information prescribed in para 2 of Public Notice No. 132-ITC(PN) |71 dated 5th October 1971 and also in Public Notice No. 74- ITC(PN)|74 dated 31-5-1974 read with Public Notice No. 103-ITC(PN)!7fi dated 12-10-1976 is invariably indicated in the column "full particulars of remittances and authority (if any)" of the challan. The following particulars should invariably be furni- shed in the Treasury Challans :

fa) Ministry of Finance 'AiP' (Authorisation

to Pay) No. and Date,

(b) Amount to Yen Currency in respect of which deposits are to bv made together with rate of conversion adopted.

fc) Date of payment to the Japanese supplier.

(d) The amount of interest paid and the period

for which it has been calculated.

fe) Total amount deposited.

(Interest is to be calculated for the period from the date of payment to the Japanese sup- plier upto and inclusive of the date of de- posit of rupee equivalent? into Govern- ment Account).

Thereafter the Tresury Challans evidencing the rupee deposit should be sent by registered post to the CAA&A indicating reference to the A|P issued by him and also enclosing copies of invoice and shipping do- cuments.

Note.—Importer's Bank in India should ensure that the rupee deposits are invariably made within 10 days of the receipt of the advice 'of payment and negotiable shipping docu- ments from the Bank of India, 'Tokyo and that the CAA&A, Ministry of Finance (DEA),; Nsw Delhi is informed imme- diately thereafter. ,

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

Section V: Miscellaneous provisions

V (i) Reports on the utilisation of the Grant Aid

"The importer should send a monthly report after the A|P has been issued regarding shipments and payments made' there against and about the balance left, to the Controller of Aid Accounts and Audit, Department of Economic affairs, Ministry of Finance, UCO Bank Building, Parliament Street, New Delhi.

The importer should apprise the supplier of any special provisions in the import of goods under this Grant Aid which may effect the suppliers in carrying out the transaction.

V (iii) Disputes

It should be understood that the Government of India will not' undertake any responsibility for dis- pute, if any, that may arise between the importer and the suppliers. The conditions to be fulfilled by the supplier before payment by the Bank of India, Tokyo must be clearly spelt out by the importer in Anne- xure I under "Terms of Payment". Provision dealing with a settlement of disputes be included in the condition of contract.

V (iv) Future Instructions

The importer shall promptly comply with any direc- tion, instructions of orders issued by the Government of,India from time to time regarding any and all mat- ter arising from or pertaining to the imports and for meeting all obligations under tfce Grant Aid for 1983-84 from Japan.

V (v) Breach or violation

Any breach or violation of conditions set forth in the above clauses will result in appropriate action under the Imports and Exports (Control) Act. V (vi) List of Annexures '.

Annexure I—Request for issue of A|P

Annexure II—Form of A|P.

Annexure I

REQUEST FOR ISSUE OF THE AUTHORISA- TION TO PAY No.

To

The Controller of Aid Accounts & Audit.

Ministry of Finance,

Department of Economic Affairs,

UCO Bank Building, 1st Floor.

Parliament Street,' New Delhi-U0001.

Subject:—Import of, microfilm equipment and services necesary, for the transportation of the equipment to ports in India from Japan under the Jaapanese Grant Aid of Yen 20 Million for 1983-84.

Sir,

In connection with the import of above mentioned equipment from Japan under the above mentioned Grant Aid, we furnish the following particulars to enable you to issue the A|P to the Bank of India, Tokyo in favour of the Japanese Supplier concern- ed:—

(a) Name and address of Indian importer.

(b) Number, date and value of the import licence and date upto which it is valid.

(c) Method of procurement whether it is based on direct purchase or limited open tender- ing in which case it should be indicated whether the contract has been awarded on the basis of technically suitable offer with reason, if any.

(d) Brief description of the goods. •

(e) Origin of the goods.

(f) Gross C&F value of contract (in Yen).

(g) Amount of India agent's commission (in Yen), if any, payable in Indian rupees.

(h) Net C&F value (iri Yen) for which the,

A|P is required.

(i) Name and date of the contract with Japanese

Suppliers.

(j) Name and address of the Japanese Supplier and attach an eligibility certificate ( in duplicate).

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

(f> Expected date of completion of deliveries.

(m) Documents to be presented at the time of payment to Bank x)f India, Tokyo (indicat- ing No. of sets of each and their disposal).

(n) Shipment instructions (indicate if tranship- ment |partshipment permitted or not per- mitted) .

(o) Name and Address of the Importer's

bank of India

(p) LJndertasking by the importer :—"We here- by undertake to make full and correct deposit of the rupee equivalent etc., of the payment made to the foreign supplier in the manner and at the rate prescribed by Government. The deposits will be made promptly before taking delivery of each consignment of he goods (material im- ported). In case of payments f°r services of foreign nationals, the deposits will be made as soon as the relevant invoices of the foreign suppliers are aproved by us and the payments made to the supplier."

Yours faithfully, Bankers if any, payable to you by the importer, will be settled directly by the importer's bank.

5. As and when any payment is made by you on the basis of shipping documents presented by the Japanese supplier, an advice in the prescribed from should be sent to this Ministry and the importer's bank.

6. No amendment to this A|P may be advised in the absence of a specific authority from this Minis- stry.

7. This A|P will remain valid upto

Yours Faithfully,

(Accounts Officer)

Copy forwarded to :— ,

*1. Importer with reference to their

letter No dated „

ANNEXURE-II

No. F.

Government of India

Ministry of Finance

Department of Economic Affairs

New Delhi, the

To

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

Subject:—Import of microfilm equipment and services necessary for the transportation of the equipment to ports in India from Japan under Japanese Grant Aid of Yen 20 million tor 1983-84. Issue of Authorisa-

• tion to Pay.

Dear Sirs,

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

2. Please advise the Supplier of the fact of receipt of this Authorisation to Pay (A|P) and endorse a copy of this advice to the Government of Japan, importers' Bank," Embassy of India. Tokyo and this Ministry.

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

4. Banking cha"rges including charges for handling documents and charges of Overseas Suppliers,

59? GI/84—2

They are requested to arrange to deposit through their Bankers, the rupee deposits etc. at the preserib- ed rate and manner, before taking delivery of the negotiable documents from the Bankers. In case due to exceptional circumstances delivery of goods is obtained directly from the Customs and Port authori- ties without furnishing the original shipping docu- ments, the deposits should be made before taking the delivery. In the case of payments for services rendered by foreign Nationals, the deposits should be made as soon as the relevant invoices are approved for pay- ment. Failure to make the deposits promptly and correctly may entail action as mentioned in the Licensing conditions.

2. Importer's Banker ,...They are requested to arrange to deposit the rupee equivalent of the Yen payment to the Japanese suppliers on receipt of documents from the Bank of India, Tokyo Branch. The rupee equivalent of amount disbursed to the suppliers will have to be calculated by applying the composite rate of conversion as prevailing on the date of payment to Japanese suppliers in accordance with the Public Notice No.8-ITC(PN)j76 dated 17-1-1976 or such other Public Notices as may be issued from time to time. Interest 12 per cent per⁵ annum for the first thirty days and at the rate of 18 per cent annum for the period excess thereof reckoned for the period between the date of payment to the sup- plier and the date on which the rupee equivalents are deposited into the Government account, is required to be deposited into the Government of India account in terms of Public Notices No. 31-ITC (PN) [83 dated 10-8-1983. The interest is payable for both the days i.e. the day on which payment is made to the Japanese Supplier and also the date on which rupee deposit is made into Government account. (Any change in this rate will be intimated if and when made). It should be ensured that these deposits are made before the original set of import documents are handed over to the importer for Customs Clearr arice.

These amounts should be deposited cither with the RBI, New Delhi indicating Code No. 5130000009 on the right hand corner of the Challan or in the S.B.I., Tis Hazari, Delhi or remitted by means of Demand Draft obtained by them from any Branch of the S.B.I or its subsidiaries or any one of the Nationalised Banks (Drawer) drawn on and made payable to the S.B.I., Tis Hazari, Delhi-6 (drawee and Payee). In this connection their attention is also invited to the provisions of the Public Notices No. 233-TTC(PN)|68 dated 24-10-1968. No. 132- ITC(PN)|71 dated 5-10-197T, No. 74-ITC(PN) |74 dated 31-5-1974 and 103-ITC(PN)|76 dated 12-10-1976. The head of account to be credited is 'K-Deposits & Advances-84 3-CIV1L Deposits-Deposits for purchases etc. abroad-Purchases under Grant Aid from Govt. of Japan for 1983-84 under detailed head 'Y 20 million grant aid for purchase of the microfilm equipment|services for the purpose of pre- serving the historical records of India.

One copy of the challan in orginai, in cases where the runee equivalent? are credited in cash at the RBI, New Delhi or the SBI, Tis Hazari, Delhi as prescribed in Public Notice No. 132-TTC(PN) |71 dated 5-10-1971 should be sent by them to the address given below alongwith a forwarding letter giving full details of the advice notes received from the Bank of India, Tokyo Branch.

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

In cases where the rupee equivalents are remitted by means of demand drafts as laid down in the Public Notice dated 24-10-1968 mentioned above, intimaLions thereof should be sent to the address given above, fn all cases, full particular of the rupee equivalents deposited alongwith the amount of interest paid and the period for which interest has been calculated should be furnished to this Depart- ment.

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

4. Embassy of India, Tokyo.

5. The Under Secretary (TA), Ministry of Finance,

Department of Economic Affair¹?, New Delhi.

Accounts Officer

PRINTED DY THE MANAGER, GOVT. OF INDIA PRESS, RING ROAD, NEW DELHI" 1 1 0 0 64

AND PUBLISHED BY THB CONTROLLER OF PUBLICATIONS, DELHI-] 1OQ54. 1984