Appendices
Appendices
APPENDIX
NUMBER
1
1A
2
3
4A
DESCRIPTION
LIST OF LICENSING AUTHORITIES AND THEIR JURISDICTION
JURISDICTION OF LICENSING AUTHORITY AND LIST OF NOMINATED AGENCIES FOR
THE PURPOSE OF GEM AND JEWELLERY EXPORT PROMOTION SCHEMES
LIST OF EXPORT PROMOTION COUNCILS/COMMODITY BOARD
LIST OF BRANCHES OF CENTRAL BANK OF INDIA AUTHORISED TO RECEIVE
PAYMENTS FOR APPLICATION FEE
LIST OF AGENCIES AUTHORISED TO ISSUE GSP CERTIFICATION
4B
4C
4D
5
6
7
8
9
10
11
11A
11B
12A
12B
13
14-I-A
14-I-B
14-I-C
14-I-D
14-I-E
14-I-F
App.1
PAGE
NUMBER
14-I-G
14-I-H
14-I-I
14-I-J
14-I-K
14-I-L
14-I-M
14-I-N
14-II-O
14-II-P
14-II-Q
14-II-R
15A
15B
16
17
18A
18B
18C
18D
19A
19B
19C
20A
20B
21A
21B
21C
App.2
22A
22B
22C
22D
22E
23
24
25A
25B
26
27
28
29
30
31
32A
32B
33
34
35
36
37A
37B
38A
38B
38C
END USE CUM END USER CERTIFICATE IN CASE OF EXPORT OF SCOMET ITEMS
LIST OF EXPORT ITEMS ALLOWED UNDER VISHESH KRISHI UPAJ YOJANA
LIST OF IMPORT ITEMS NOT ALLOWED UNDER VISHESH KRISHI UPAJ YOJANA
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 NO.22 OF 1992
FOREIGN TRADE (EXEMPTION FROM APPLICATION OF RULES IN CERTAIN CASES)
ORDER, 1993
FOREIGN TRADE (REGULATION) RULES, 1993
App.3
APPENDIX 1
LIST OF LICENSING AUTHORITIES AND THEIR JURISDICTION
S.No.
(1)
Territorial Jurisdiction
(4)
HEADQUARTER
1.
Tel: 011-23011777
Fax:
011-23018613
E-mail: [email protected]
Throughout India
Tel: 011-23234935/23231694
Fax: 011-23234265,
-Delhi,
-Haryana, districts of
(i)Faridabad
(ii) Gurgaon
-Uttar Pradesh, districts of
namely, Meerut,
(iii) Ghaziabad
(iv)Bulandshahar
(v) Haridwar
3.
Tel: 0141-2227539/2227590
Tele Fax: 0141-2380604
E-Mail: [email protected]
Rajasthan.
4.
Tel:0512-2250352
Fax: 0512-2501344
E-Mail: [email protected]
[email protected]
6.
Districts of Varanasi,
Mirzapur,Ghazipur, Azamgarh,
Ballia,Deoria, Gorakhpur,
Basti, Jaunpur, Sonebhadra,
Mau and Sidharthanagar.
7.
Tel:0591-2488221
Fax:0591-2487447
E-mail: [email protected]
Districts of Bijnaur,
Moradabad, Rampur and
Jyotiba Phuley Nagar in UP
and Uttranchal excluding
haridwar
8.
Tel: 0183-2506403/2507403
Fax: 0183-2506403
E-Mail:[email protected]
Amritsar District.
9.
Tel: 0172-602314
Fax: 0172-648661
App.4
Foreign Trade,
Sector -35, D.S.C.O. 288,
Chandigarh - 160 023.
Fax: 0172-648661
E-Mail: [email protected]
10.
11.
Tel: 0191-2435834
0191-2438048
Fax: 0191-2435834
E-Mail:
[email protected]
[email protected]
Haryana excludingDistricts of
(i) Faridabad
(ii) Gurgaon and
(iii) Panchkula
Districts of Uttar Pradesh.
i) Saharanpur
ii) Muzaffarnagar
Jammu & Kashmir
Western Zone
12.
Tel: 022-22016421
Fax: 022-22063438
E-Mail:
zjdgft@ dgftmum.bom.nic.in
13.
Tel:0272-5506791/5506297
Fax: 0272-5506791
E-Mail:
[email protected]
14.
Tel:0204441577/4449598
Fax:020-4441577
E.Mail:
[email protected]
Districts of Maharashtra
(i) Pune,
(ii) Ahmed Nagar,
(iii)Jalna
(iv) Beed
(v) Kolhapur,
(vi) Latur,
(vii) Nanded
(viii) Osmanabad,
(ix)Prabhani,
(x)Ratnagiri,
(xi) Sangli,
(xii) Satara,
(xiii) Solapur,
(xiv) Sidhudurg
(xv) Nashik
15.
Districts of Gujarat
(ii) Vadodara,
(iii)Kheda,
(iii)Panchmahal
(iv) Broach
16.
Tel: 0755-2553323
Fax: 0755-2553303
E-Mail: [email protected]
17.
Tel: 0832-224968
E-Mail: [email protected]
Goa.
App.5
18.
19.
Foreign Trade,
Ashirwad Building 18th June
Road, Santa Inoz, Panjim 403 001 (GOA).
E-Mail: [email protected]
Tel: 0281-2458416/2458417
Fax: 0281-2458414
E-mail: [email protected]
Tel: 0261-2423381
Fax:0261-2452216
E-Mail: [email protected]
Districts of Gujarat
(i)Surat,
(ii) Valsad and
(iii) Dangs
Eastern Zone
20.
Tel: 033-22481228
033-22486831 (4 lines)
Tele Fax: 033-22485892
E-Mail: [email protected]
21.
Tel: 0671-2334034
Fax: 0671-2311596
E-Mail: [email protected]
Orissa.
22.
Tel: 0361-562583
E-Mail: [email protected]
23.
Tel:0612-231326 0612-212052
E-Mail: [email protected]
24.
Tel: 0364-223360
Fax: 0364-223360
E-Mail:
[email protected]
Southern Zone
25.
Tel:044-2852 33157/28523367
28523377/28550527
Fax:044-28523529
E-mail: aec@aec -ch.tn.nic.in
26.
Tel:080-5537213/14/15
Fax:080-5537214
E-Mail [email protected]
Karnataka.
27.
Tel: 0484-377760
Fax: 0484-377760
App.6
Foreign Trade,
H.No.36/862-A, Chittoor
Road, (Opp to SRVLP
School), Ernakulam, Kochi-11
Fax: 0484-377760
PRO- 0484-375397
E-Mail [email protected]
28.
Districts of Kerala
(i) Thiruvanathapuram
(ii) Quilon,
(iii) Pathanamthitta
29.
Tel: 040-24651598/24653881/
24656009/24732980/24653869
Fax: 040-24651598
30.
Tel: 0422-2300947
FAX: 0422-2300846
E-Mail: [email protected]
31.
Tel:0452-2586485
FAX:0452-2586485
E-Mail: [email protected]
Districts of
(i) Madurai,
(ii) Theni.Dindigul, (iii)
Ramnad
(iv) Virudhunagar,
(v) Sivaganga,
(vi) Tirunelveli
(vii) Tuticorin
(viii) Kanyakumari
32.
Union Territory of
Pondicherry,Karaikal, Mahe,
Yanam and Districts of
Ramaswamy Padayatchiyar
and South Arcot of Tamil
Nadu.
33.
Tel: 0891-47146
E-Mail: [email protected]
Development
Commissioner/Jt.
Development Commissioner /
Deputy Development
Commissioner/Asstt.
Development Commissioner
35
Development
Commissioner/Jt.Development
Commissioner/Deputy
Development
Commissioner/Asstt.
Development Commissioner
Gandhidham-Kutch
KAFTZ
GANDHIDHAM
Fax No:02836-52250
E-mail: [email protected]
36.
Development
Commissioner/Jt.Development
App.7
Commissioner/Jt.Development
Commissioner/Deputy
Development
Commissioner/Asstt.
Development Commissioner
Tambaram, Chennai-600045
MSEZ
CHENNAI
Fax No:044-2368218
E-mail:[email protected],
[email protected]
37.
Development
Commissioner/Jt.Development
Commissioner/Deputy
Development
Commissioner/Asstt.
Development Commissioner
38.
Development
Commissioner/Jt.Development
Commissioner/Deputy
Development
Commissioner/Asstt.
Development Commissioner
Units situated in
Visakhapatnam Special
Economic Zone and approved
EOUs located in Andhra
Pradesh and Yanam.
39
40
FSEZ
KOLKATA
Tlx: 0215292 FSEZ IN
Fax: 033-2477923
App.8
APPENDIX 1 A
Jurisdiction of Licensing Authority and List of Nominated Agencies for the Purpose of Gem and Jewellery
Export Promotion Schemes
LIST OF LICENSING AUTHORITIES AND THEIR JURISDICTION
i)
Districts
falling
under
the
jurisdiction
of
Jt.DGFT, Mumbai, Pune and Jt.DGFT
Bhopal and Goa as given in Appendix 1
ii)
Districts
falling
under
the
jurisdiction of Jt. DGFT, Kolkata and Jt.DGFT,
Guwahati, Patna and Shillong as given in Appendix 1
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
Jt.DGFT, Surat
xi)
Jt.DGFT, Cuttack
of
Jt.DGFT,
xii)
Jt.DGFT, Thiruvanathapuram
Jt.DGFT,
App.9
of
of
Jt.DGFT,
Jt. DGFT,
(i)
(ii)
(iii)
(iv)
(v)
Sudarshan Building,.
16/A, Whites Road,
Madras
(vi)
(vii)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(ii)
General Manager,
2, Nagingdas Chambers,
Usmanpura,
Ashram Road,
Ahmedabad - 380014
Tel: 6565796; 6569548
Fax: 6423739
App.10
(iii)
(v)
(vii)
(ix)
(iv)
Senior Manager,
2137, Munshi Shopping
Centre, Ramganj Bazar,
Jaipur-302006
Tel: 47754
Fax:609858
(vi)
General Manager,
Chennai House,
7, Esplanade
Chennai 600001
Tel: 5341113; 5340058
Fax: 5340559
General Manager,
Maker Bhawan No. II,
19, Sir Vithal Das,
Thackeresay Marg,
Mumbai - 400 020.
Tel: 2017853
Fax : 2017193
(viii)
General Manager,
BWSSB Building,
4th Floor,CBAB Complex,
Cauvery Bhavan,
Kempegowda Road,
Bangalore 560 009
Tel: 221 5927; 2211647
Fax: 2272043
(x)
General Manager,
7th Floor,Budha Bhavanam
Boat Club,
Secundrabad - 500 003
Tel: 831340
Fax:831143
(xii)
General Manager,
MMTC Bhavanam,
Port Area,
Visakhapatnam 530 035
Tel: 562771; 562 909
Fax: 561761
Sr. Manager,
Gems & Jewellery Complex No.1
SEEPZ,MIDC,
Andheri (East)
Mumbai - 400 096
Tel: 8377768
Fax: 8366861
(xi)
General Manager,
Ruby House,4th, 5th Floors,
Post Box No. 478,
8, India Exchange Place,
Kolkata - 700 001.
Tel: 2429312; 2427109
Fax : 2421292
(iii)
E.
(ii)
"Shantiniketan"
Flat No. 9, 4th Floor,
8, Camac Street,
Kolkata - 700 017
App.11
APPENDIX 2
LIST OF EXPORT PROMOTION COUNCILS/COMMODITY BOARD
S.No.
1.
2.
Regional Office
1) 4th Floor Sahyog Building
58 Nehru Place
New Delhi 110019
Tel: (011) 641 6709
(011) 647 2533
Fax:(011) 648 7517
2) 48 Community Centre
Naraina Indl. Area
Phase I, New Delhi -110028
Tel:(011) 579 0185
(011) 579 0187
(011) 579 8326
(011) 579 5309
Fax:(011) 579 0701
(011) 579 5309
3) 6 Community Centre
Zamrudpur,New Delhi 110
048
Tel: (011) 646 0491
(011) 646 0492
(011) 621 8387
(011) 621 6963
Fax: 011-648 0489
App.12
9) Karumuthu Centre
IIIrd Floor, 498 Anna Salai
Chennai 600 035
Tel: (044) 434 3588
(044) 4346848
Fax: (044) 4346416
4.
5.
6.
CAPEXIL
Registered Office
Regional Office
Kaleen Bhawan,
1st Floor, Maryadpatti,
Bhadohi 221 401
(U.P.)
Tel: 05414-225975
Fax: 05414-224903
Email: [email protected]
Regional Office
App.13
1) Western Region
2) Southern Region
Commerce Centre,
Block No.D.17,
Tardeo Road,
Mumbai 400 034
Tel: (022) 494 3410
(022) 496 0084
Fax: 91-22-493 7665
Rasheed Mansion
408 Anna Salai,
Chennai 600 006
Fax: 91-33-22215657
3) Northern Region
4) Eastern Region
V andana Building, 4C
th
4 floor, 11, Tolstoy Marg,
New Delhi-110 001
Tel: (011) 335 6703
(011) 3711479
(011) 3752282
Fax: 91-11-3314486
E.Mail. [email protected]
Tobacco House
1 & 2 Old Court House
Corner,
Kolkata 700 001
Tel: (033) 220 7620
Fax: 91-33 220 6945
www.capexiltrade.com
7.
8.
9.
Coffee Board
Registered Office
No.1, Dr. Ambedkar Veedhi,
Bangalore 560 001
Tel. 080-22266991-4
Fax: 080-2225 5557
E-mail: [email protected]
Website: www.indiacoffee.org
Coir Board
Registered Office
Coir House
M.G.Road,
Ernakulam South
Kochi 682016
Tel: (0484) 351 788
(0484) 351 807
(0484) 351 954
(0484) 354 397
Fax: 0484 370 034
Regional Office
Regional Office
8 Annexe Building
Cunningham Road
Bangalore 560 052
Tel: (080) 268 538
2) No.F, II Floor
Mount Chambers
758 Mount Road
Madras 600 002
Tel: 044 852 5486
Fax: (044) 852 1205
3) NEW DELHI
1103, Surya Kiran Building
th
11 Floor,
19 Kasturba Gandhi Marg,
New Delhi 110 001
Tel: 011- 2335 3506
011 2331 6168
Fax: 011 2371 9104
Email: [email protected]
4) Jaldarshan Housing
Society
Opp. Natraj Cinema
Ashram Road,
Ahmedabad 380 009
Tel: 079 409 323
App.14
7) Export Documentation
Centre Building
Wellington Island
Cochin North End 682 003
Tel: (0484) 666 521
10.
11.
Regional Office
th
1) Vandhna (4 Floor),
11 Tolstoy Marg,
New Delhi-110001
Tel: 011-2335 3353
011- 23711124 / 25
Fax: 011-2331 0920
Email: [email protected]
App.15
rd
2) Maalavika Centre (3
Floor),
144/145, Kodambakkam
High Road
Chennai - 600 034
Tel: (044) 2827 6007
(044) 2827 7501
(044) 2826 4972
Fax: 044-2827 0491
Email:
[email protected]
4) Centre 1, 12th Floor
World Trade Centre
Cuffe Parade
Mumbai 400 005
Tel:(022) 2218 6655
(022) 2218 6656
(022) 2218 6660
Fax: 022-2218 0119
Email:
[email protected]
[email protected]
nd
6) Vinayaka Complex (2
Floor)
44/45, Residency Road Cross
Bangalore-560025
Tel: 080-2558 1396
080-2558 8669
Fax: 080-2558 6914
Email: [email protected]
13.
14.
App.16
2) WESTERN REGION
World Trade Centre No.1,
th
11 Floor, Cuffe Parade,
Mumbai 400 005
Tel: (022) 2218 5093
(022) 2218 3354
Fax: 022-2218 3875
E-Mail :
[email protected]
4) KARNATAKA CHAPTER
st
VITC Building, 1 Floor,
Kasturba Road,
Bangalore 560001
Tel: 080-22864854
Fax: 080-22864855
Email: [email protected]
6) BHUBANESWAR
CHAPTER
Ashok Market Complex,
nd
2 Floor, Station Square,
Bhubaneswar 751 009
Tel: 0674-2536674
Telefax: 0674-2536675
2) Rajasthan Chamber
Bhuvan, 3 rd Floor,
Mirza Ismail Road,
Jaipur -302 003
Tel: (0141) 2568029/2565731
Fax: (0141) 2567921
E.Mail: [email protected]
4) ITFC BUILDING,
6th Floor, Left Wing,
1/1/ Wood Street,
Kolkata-700 016
Tel.: 033- 22823630
Fax : 033-22823629
E-mail : [email protected]
15.
16.
17.
18.
19.
Regional Office
1) Central Region
15/238 Civil Lines
Kanpur-208 001
Tel: (0512) 2304053
Fax: (0512) 2304247
Email:
[email protected]
3) Northern Region
Flat No. 6 F & G,
Gopala Towers
Rajendra Place
New Delhi 110 008
Tel: (011) 2571 8516
(011) 2571 5517
Fax: (011) 2575 2760
Email: [email protected]
[email protected]
App.17
2) Western Region
th
Centre-I, 11 Floor,
Unit No. 4
World Trade Centre,
Cuffe Parade
Mumbai-400 005
Tel: (022) 2218 4060
Fax: (022) 5633 5503
Email: [email protected]
4) Eastern Region
Duckback House
1 B, 41, Shakespeare Sarani
Kolkata 700 017
Tel: (033) 22835479/80
Fax: (033) 22407270
Email: [email protected]
20.
21.
3) Thoufeeq Complex
Ravipuram, M.G. Road,
Cochin 682 016
Tel:(0484)350 518
(0484)350 562
8) Srihari,Parameswara
Nagar
Quilon 691 001
Tel:(0474)73741
Fax:(0474)73741
10) Thiruvarul,
24,Chidambara -Nagar, 2nd
Street,Tuticorin 628 008
Tel:(0466) 22602
Fax:(0466) 22602
11) (Paradeep)
Plot No.695/696
G Block, BJB Nagar
Bhubaneswar 751 014
Tel:(0674)430 724
6) Southern Region
CDMA Tower-II, 3rd Floor,
Gandhi-Irwin Bridge Road
Egmore, Chennai 600 008
Tel: (044) 2859 4367-71(5
lines)
Fax: (044) 2859 4363
(044) 28594364
E-mail: [email protected]
[email protected]
App.18
www.projectexports.com
22.
Regional Office
306, Dohil chambers, 3rd floor,
46, Nehru Place, New Delhi 19
Tel: 26445610
Fax: 26236070
23.
24.
25.
26.
27.
Regional Office
Regional Office
App.19
(Jhandewalan Extn),
New Delhi 110 055
Tel: (011) 2352 5695
(011) 2351 6183
Fax: 011-2363 2147
Email: [email protected]
Website:
www.sportsgoodsindia.org
28.
Spices Board
Registered Office
Sugandha Bhavan
N.H.By-pass
P.B.no.2277
Palarivattom.P.O.
Cochin-682 025,
Phone: 0484-333610-616,
347965
Fax: 0484-331429, 334429
E.mail: 1.
[email protected]
E.mail:2.
[email protected]
Website: www.indianspices.com
29.
Regional Office
1) A 111 Defence Colony
New Delhi 110 024
Phone:0114611510,
4623597
Fax : 011 4621359
Email :
[email protected]
5) Kurangani Road
Bodinayakanur 626 513
Phone/Fax : 04546 21397
Email:
[email protected]
App.20
th
`Resham Bhavan'
78 Veer Nariman Rd.
Mumbai 400 020
Tel: (022) 22048797
(022) 22048690
(022) 22040168
Fax: 91-22-22048358 /
22810091 / 22810076
E Mail: [email protected]
Website:
www.synthetictextiles.org
3) Block No. 3E
Resham Bhavan
Lal Darwaja
Surat 395 003
Tel: 0261 423184
Fax: 91-261-421756
30.
Tea Board
Registered Office
14 Biplabi Trallokya
Maharaj Sarani
(Brabourne Road)
Kolkata 700 001
Tel: (033) 25-1411
Fax: 033-2251417
Regional Office
rd
1) Azad Bhawan (3 Floor)
4E/14,Jhandewalan Extn.
New Delhi 110055
Tel:011- 52-4338
2) Resham Bhawan
78, Veer Nariman Road
Mumbai 400020
Tel:022- 2041699
5) G.B.Road,
P.O.Kunjaban
Agartala-799001
Tripura
Tel:0381-22-4182,
6) SHELWOOD Coonoor
Library Rd.
Post Box No.6.
Coonoor-643101,
7) Nilgiris,
South India
Tel:0423-21638/20316
Fax:0423-22332
8) Club Road,
P.O. Silchar-788001
Dist.Cachar(Assam)
Tel:03842-32518
9) College Road
Kottayam-686001
Kerala
Tel:0481-56-7391
Fax 0481-567391
App.21
31.
Tobacco Board
Registered Office
Srinivasa Rao Thota
G.T. Road
P.B. No. 322
Guntur 522 004
Andhra Pradesh.
Tel: 230399,
Fax: 0863 354232
Regional Office
1) Directorate of
Auctions
1/19, IIIrd Cross
4th Floor
Unity Building Annexe
C.S.I Compound
Bangalore 560 027
Tel: (080) 2236599
Fax: 080 2225075
2) H.No.10-4-1/5
Behind Chacha Nehru
Park, Masav Tank,
Hyderabad 500 028
Tel: (040)317503
(040)319989
3) B/4/141
Safdarjung Enclave
New Delhi 110 029
Tel: (011) 610190
32.
33.
App.22
2) Sekhon Niwas
704/3, Gurdev Nagar,
Pakhowal Road,
Ludhiana 141003
Tel: 0161-2430842
Fax: 0161-2405169
Email: [email protected]
APPENDIX 3
LIST OF THE BRANCHES OF CENTRAL BANK OF INDIA AUTHORISED TO RECEIVE PAYMENTS FOR
APPLICATION FEE
Sr
No
Address
Sr
No
Address
ANDHRA PRADESH
1.
2.
3.
4.
5.
6.
7.
8.
9.
18/188/B.K.N. Street,
Cuddapah-518001.
10.
11.
12.
13.
Ratna Jutter,
Grand Trunk Road,
Ongole-523001.
14.
15.
2.
Marwaripatty P.O.
Rehabari,
Dibrugarh-786001.
ASSAM
1.
Tinsukia
3.
Sichar P.O.
Silchar.
BIHAR/ JHARKHAND
1.
Bank North-802156,
Dhanbad.
4.
P.O. Madhubani-847211,
Madhubani.
5.
6.
App.23
7.
9.
10.
P.O. Saharsa-852201.
11.
29.
P.B. No. 8,
Main Bazar,
Raxaul-845305.
12.
2.
1.
Udyog Bhavan,
New Delhi-110011.
2.
3.
4.
2.
Chowk,
CHANDIGARH
1.
DELHI
1.
Swantantry Path,
Vas-code-Gama-403802.
GUJARAT
1.
2.
3.
4.
5.
6.
7.
8.
Zanda Chowk,
Port Trust Building
Kutch.
9.
HARYANA
1.
Railway Road,
Bahadurgarh-125407.
2.
Basi Road,
Gurgaon-122001.
3.
Industrial Area,
Faridabad-N.I.T. - 121002.
4.
Chowk Mast-Purian,
Ambala City-134002.
5.
Subzi Mandi,
6.
App.24
Bhagalpur-
Sirsa-125055.
HIMACHAL PRADESH
1.
Lower Bazar,
171991, District Simla,
2.
KARNATAKA
1.
2.
3.
4.
5.
6.
7.
8.
KERALA
1.
2.
3.
4.
5.
Kottayam, Kerala.
2.
3.
4.
App.25
Indore City-452001.
5.
6.
Chouwradia Bhavan,
Main Road,
P.O. Balaghat-481001.
9.
10.
11.
MEGHALAYA
1.
MAHARASHTRA
1.
2.
3.
Novelty Chambers,
Grant Road,
Mumbai-400007.
4.
5.
6.
7.
8.
9.
Station Road,
Nagpur-440001.
10.
11.
Prakash Kunj,
Peth,
Jalgaon-425001.
12.
13.
14.
Vazirabad Road,
Nanded-431601.
15.
16.
Marathi Giantha,
Sangrahalaya Building,
Subhash Bose Road,
18.
2.
Mahatabh Road,
Cuttack-753001.
17.
Nav
ORISSA
1.
App.26
Netaji
Thana.
3.
Sharma Building,
Ist Floor, Main Road,
Rourkela-760001.
5.
4.
PONDICHERRY
1.
PUNJAB
1.
2.
3.
4.
RAJASTHAN
1.
2.
3.
Cloth Market,
Pali-306401.
4.
5.
6.
7.
1.
2.
3.
4.
5.
6.
7.
TRIPURA
1.
Mantribari Road,
App.27
Agartala-799001
UTTAR PRADESH/ UTTRANCHAL
1.
2.
4.
5.
6.
7.
8.
Baranawal Building,
Main Road, Near Bharat Palace,
Bhadohi-221104.
9.
10.
11.
12.
Beltar, Mirzapur-231001.
13.
14.
3.
WEST BENGAL
1.
Feeder Road,
Post Office Durgapur-713201.
2.
3.
4.
5.
6.
7.
Mohowbati, Raiganj
App.28
APPENDIX 4 A
LIST OF AGENCIES AUTHORISED TO ISSUE GSP CERTIFICATION
S.NO.
AUTHORISED FOR
1.
All products
2.
Marine products
3.
Development Commissioner
For handicrafts through their 14 regional offices all over
India
Handicraft
4.
Spices Board,
Ministry Of Commerce & Industry
Sugandha Bhavan,
P.B No.2277,
Palarivatom P.O.
Cochin- 682025
(Ernakulam District)
5.
Coir Board,
P.B No.1752, M.G.Road
Ernakulam
Cochin-16
6.
7.
Silk products
8.
9.
10.
11.
12.
13.
All products
App.29
Vishakhapatnam SEZ
Administrative Building,
Duvvada, Visakhapatnam 530 046
15.
Falta SEZ
2nd MSQ Building, 4th Floor,
Nizam palace,
Kolkata 700 020
App.30
APPENDIX 4 B
LIST OF AGENCIES AUTHORISED TO ISSUE CERTIFICATES OF ORIGIN
FORSAPTA AND BANGKOK AGREEMENT
S.No.
Address
1.
2.
3.
4.
5.
6.
7.
Coffee Board
1, Dr. Ambedkar Veedhi
Bangalore - 560 001
8.
Coir Board
Coir House
M.G. Road, Ernakulam South
Kochi 682016
9.
10.
11.
11A
12.
13.
14.
15.
16.
17.
18.
11B
App.31
19.
20.
21.
22.
23.
24.
Spices Board
Sugandhha Bhawan, N H Bye Pass
P.B.No:2277, Palarivattam P.O.,
Cochin 682025
25.
26.
Tea Board
14 Biplabi Trailokya Maharaj Sarani
(Brabourne Road)
Kolkatta 700001
27.
Tobacco Board
Srinivasa Rao Thota
G.T. Road, P.B.No: 322
Guntur 522004
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
App.32
APPENDIX 4 C
LIST OF AGENCIES AUTHORISED TO ISSUE
CERTIFICATES OF ORIGIN- NON PREFERENTIAL
2.
23.
Note:
An application for grant of a Certificate of Origin- Non Preferential may be made by the
Registered/Head Office/Branch Office/Factory of the applicant to the licensing authority under
whose jurisdiction such office/factory falls.
ANDHRA PRADESH
1.
Development Commissioner
Visakhapatnam Special Economic Zone,
Admn office Building,
Duvvada,
Vishakhapatnam 530046
Tel: 0891-587555/352
Fax: 0891-587352
E-mail: [email protected]/jdc@vepz .com
2.
3.
4.
2.
ASSAM
1.
App.33
R.G.Baruah Road
Guwahati-781005
Tel: 0361-222537,630076
Fax no. 0361-522037
E-mail: [email protected]
3.
DELHI
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
GOA
1.
App.34
GUJARAT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
2.
2.
HARYANA
1.
KARNATAKA
App.35
1.
2.
3.
4.
5.
KERALA
1.
2.
3.
4.
5.
6.
7.
2.
MADHYA PRADESH/CHHATISGARH
1.
App.36
Fax: 0755-551441
E-mail: [email protected]
3.
4.
5.
6.
MAHARASHTRA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
App.37
Tel:033-2829395
b) 209, G.K.House. 187-A, Sant Nagar,
New Delhi-110065,
Tel: 26849417, Telefax: 01126441290
c) Rosy Tower, 7 Nungambakkam High
Road,
Chennai- 600034
Telefax: 044-8206316
11.
12.
13.
14.
15.
16.
17
18.
19.
20.
22
21.
App.38
416436
Tel: 0233-344514, 345272,
Fax: 0233-330466
E-Mail: [email protected]
MANIPUR
1.
3.
2.
MEGHALAYA
1.
2.
3.
4.
5.
PONDICHERRY
1.
Chambre De Commerce
1, Rue Suffren, P.B.No.39,
Pondicherry 605001
Tel: 338615
PUNJAB
1.
2.
3.
4.
5.
App.39
2.
3.
4.
TAMILNADU
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
App.40
13.
TRIPURA
1.
2.
UTTARPRADESH/UTTRANCHAL
1.
2.
3.
4.
5.
6.
7.
2.
WEST BENGAL
1.
App.41
Tel:033-2203711/33/46
Fax: 033-2201289
E-mail: [email protected]
Fax: 033-2487058/0387
E-mail: [email protected]
3.
Development Commissioner
Falta EPZ,
2nd MSO Building, Room No. 4,
Nizam Place, 234/4, AJC Bose Road,
Kolkatta
4.
Federation of Biri,
Biri Leaves & Tobacco Merchants,
1, Rupchand Roy Street,
Kolkatta-700001
Tel:033-2384088
5.
6.
7.
8.
9.
App.42
Annexure I to Appendix 4 C
Application Form For Enlistment Under Appendix 4C
to Issue Certificate of Origin (Non-Preferential)
: ..............................
:................................
:................................
PIN [][][][][][]
3. Address of all the Branches/ Divisions/ Units/
located in India if they also to be enlisted.
1. .................
3. ..................
2. .................
PIN [][][][][][]
4.
4. ..................
PIN [][][][][][]
required
: ......................................
......................................
(In case the application is for modification, information in S.No.2 and 3 above will be as per pre.modified
status)
5.
6.
: ............................
(ii)
Amount(in Rs.)
(In.figures)
: ............................
(in words)
: ............................
(iii)
Name of Bank & Branch of Issue
Permanent Account Number (PAN)
: ............................
: ............................
Issuing authority
: ............................
App.43
3)
4)
5)
6)
7)
8)
List of documents that should accompany the application for enlistment under Appendix 4C
1.
2.
3.
i)
Man power, both Technical and Non- Technical
ii)
Office automation and information technology
iii)
Covered office area
4. Declaration cum Undertaking To be given on a stamp paper (Minimum of Two Rupees)
5. List of the authorized signatories along with their signature attested.
6. Application form is to be submitted in duplicate.
App.44
Annexure II to Appendix 4 C
Reference No.
CERTIFICATE OF ORIGIN
(NON PREFERENTIAL)
(Combined declaration and certificate)
Issued in India
11. Certification
8.
Origin
criteria
9. Gross
weight or other
quantity
and that they comply with the origin requirements for exports
to ......................................
(importing country)
App.45
APPENDIX 4 D
LIST OF AGENCIES AUTHORISED TO ISSUE GLOBAL SYSTEM OF TRADE PREFERENCES (GSTP)
AND INDIA SRI LANKA FREE TRADE AGREEMENT (ISLFTA) CERTIFICATION
Export Inspection Council through their field offices known as Export Inspection Agencies with 57 offices all
over India
App.46
APPENDIX 5
LIST OF INSPECTION AND CERTIFICATION AGENCIES
01
02
03
04
Bureau Veritas
17 bis, Place des Reflets,
La Defense,
92400 Courbevoie,
Cedex 44,
92077 Paris-La-Defense.
05
Bureau Veritas
th
Marwah Centre, 6 Floor
Krishanlal Marwah Marg
Opp. Ansa Inds. Estate
Off. Saki Vihar Road
Andheri (East)
Mumbai 400072
Tel.: 91-22-56956300
Fax: 91-22-5695 6309/5695 6310
E-mail: [email protected]
06
07
Director General
STQC Directorate
Department of Electronics
Electronics Niketan
6, CGO Complex,
New Delhi - 110 003
Tel : 4362831
Tlx : 65103/66536/66590
Fax : 4363083
08
09
10
11
12
13
14
15
16
Rwtuv Ahlagentchnik
Deptt. for Environment Protection,
Chemicals and Technology,
App.47
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
App.48
33
34
35
36
37
38
39
40
41
42
ITS Mexico
Blvd Manuel Avila Camacho 92A
Oficina of 601 El Conde
Naucalpan, Edo. De Mexico
54500
Tel: (52) 55 5357-3625
Fax: (52) 55 53585710
[email protected]
43
44
45
UzITS
25, Amir Timur Str. (Minmotazhspecstroy
th
Bldg), 7 Floor
Tashkent City 700000
Republic of Uzbekistan
46
Postal Address
P.O. Box 280,
Bedfordview 2008 Gauteng Province
South Africa
Tel: (27) 11 455 2568
Fax: (27) 11455 4017/455 4018
[email protected]
App.49
Tel:(998) 71 134 88 83
Fax:(998) 711341773
[email protected]
47
48
Intertek Iran,
th
4 Floor No. 25
Tavaniir Street
Valie Asr Avenue
Tehran
Islamic Republic of Iran
Tel: (98) 218878721-30
Fax: (98) 218797519
[email protected]
49
50
51
ITS Spain
Alda. Recalde 27, 5
BILBAO 48009,
SPAIN,
Tel: (34) 944354460
Fax: (34) 94 4356600
[email protected]
52
53
54
Francisco de
55
56
57
58
59
60
App.50
Singapore 368025
Tel: (65) 6 2857557
Fax: (65) 6 382 8662
[email protected]
61
62
Bureau Veritas
P.O. Box 45, Mansma
Kingdom of Baharin
Tel: +973 17725010
Fax: +973 17727913
Mail: [email protected]
63
64
Bureau Veritas
08BP:0658 TRI POSTAL, COTONOU
BENIN
Tel: +229 304901 / 302013
Fax: +229 300182
Mail: [email protected]
65
Bureau Veritas
IMMEUBLE LES DELICES
(Face Hotel Parfait Garden)
Bid de La Liberte, Douala, CAMEROON
Tel: +237 3421218 / 3434233
Fax: 237 3421686
Mail: [email protected]
66
67
Bureau Veritas
Immeuble Bull 3eme etage, Boulevard
du commerce, B.P. 1451, CONAKRY
Republic de Guinee
Tel: +224 411841 / 412202
Fax: +224 413454
Mail: [email protected]
68
Bureau Veritas
Galerie de 1 Esplanade, B.P. 1005
Libreville
Tel: 241 740146
Fax: 241 762663
Mail: [email protected]
69
Bureau Veritas SA
Zweigniederlassung Hamburg
Veritaskai 1, D 21079 HAMBURG
Germany
Tel: +49 40 236250
Fax: +49 40 23625422
Mail:
[email protected]
70
71
Bureau Veritas
1102, Keungil Tower, 677-25, Yeoksam-Dong
Gangnam-Gu, Seoul, Korea
Tel: +82 2 555 8924
Fax: +82 2 553 4083
Mail: [email protected]
72
Bureau Veritas
Batiment C2 Village des Jeux
Ankorondrano, 101, Antanangrivo
Madagascar
Tel: +261 202225330 / 39800
Fax: +261 202225383
Mail: [email protected]
73
Bureau Veritas
20, MONTMAR, DE PAULE AVENUE
BALZAN, MALTA
Tel: +356 21 488068
Fax: +356 21 493566
74
75
Bureau Veritas
P.O. BOX 110, POSTAL CODE 134
JAWHARAT A SHATI, SULTANATE
OF OMAN
Tel: +968 24571546
Fax: +968 24571529
Mail: [email protected]
76
Bureau Veritas
th
8 Floor, Ramon Magsay say Cente, 1680
Roxas Blvd. Cor. J. Quintos, St.Ermita
Manila, Philippines
Tel: +632 5211068
Fax: +632 5211959
Mail: [email protected]
App.51
77
Bureau Veritas
5, Avenue Theodore Dr ouhet, ZAC 2000
BP 36, 97829 LE Port
LA REUNION ISLAND
Tel: +262 262424140
Fax: +262 262432161
Mail: [email protected]
78
Bureau Veritas
1 Maritime Square, #09-66 Lobby C
Harbour Front Center, Singapore 099253
Tel: +65 6 275 2886
Fax: +65 6 275 2776
Mail: [email protected]
79
Bureau Veritas
Rue 3 Prolongee x Bd de 1Est, Point EBP 592, Dakar, Senegal
Tel: +221 865 1220
Fax: +221 864 0573
Mail: [email protected]
80
81
BIVAC International
Jamaica Road Junction, Monrovia
Liberia
Tel: +231 227910 /226491
Fax: +231 227998
82
83
App.52
Annexure-I to Appendix 5
PRE SHIPMENT INSPECTION CERTIFICATE
(I)
Details of Importer
(a) Name
(b) Address
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
Details of import :
Description
of metallic
Scrap
(III)
Quantity
_______________________
_______________________
DECLARATION / UNDERTAKING
1.
The consignment does not contain any type of arms, ammunition, mines, shells,
cartridges, radio active contaminated or any other explosive material in any form
either used or otherwise.
2.
The import consignment is actually metallic scrap / seconds / defective as per the
internationally accepted parameters for such a classification.
3.
I / We hereby declare that the particulars and statements made in this certificate are
true and correct and nothing has been concealed or held therefrom.
Date _________
Official Seal
Signature ____________________
Designation __________________
Note :
______________________
______________________
______________________
______________________
______________________
______________________
______________________
This pre-shipment inspection certification is issued under paragraph 2.32 (i) of Handbook of
Procedures (Vol.1) for unshredded, compressed and loose forms of metallic waste and scrap.
App.53
APPENDIX 6
LIST OF IS/ISO 9000 (SERIES) / ISO- 14000 (SERIES)/ WHO-GMP /HACCP/SEI/CMM LEVEL II AND
OTHER CERTIFICATION AGENCIES
A. List of IS/ISO 9000 (Series) Certification agency
1.
2.
3.
4.
5.
KPMG
KPMG House,
Kamala Mills Compound,
448, Senapati Bapat Marg,
Lower Parel,
Mumbai 400 013
Tel: 022-4913131/4913232
6.
7.
8.
9.
Standardisation,Testing &
Quality Control Directorate
Electronics Niketan
6, C.G.O. Complex, Lodi Road
New Delhi 110 003
Fax : 4363083
10.
11.
12.
13.
14
15.
16.
17.
18.
International Standards
Certifications Pty Limited,
The Quality Centre, Plot Number
18/295, RSC I A, Near Ganesh Mandir,
Gorai Sector I, Shimpoli Road,
Borivali (West), Mumbai 400 092
App.54
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
TUV Rheinland,
504-506, Prestige Centre Point,
Cunningham Road,
Bangalore 560 052
Tel: 080-22282489/90
Fax: 080- 22282491
33.
34.
35.
36.
37.
App.55
Sadar Bazar,
Muzaffarnagar 251 001
Tel.0131 2402580
Fax:0131 2406920
3.
2.
Customer Relations
Software Engineering Institute
Carnegie Mellon University
Pittsburgh, PA 15213-3890, USA
Phone, Voice Mail and on Demand
Fax: 412/268-5800
E-Mail:cut
[email protected]
www.sei.cmu.edu
2.
3.
Process Transition
International, Inc
106, Archwood
P.O.Box 1988
Annapolis, MD 21401, USA
Phone: 301/261 9921
Fax: 410/295 5037
E-Mail: [email protected]
4.
5.
6.
7.
8.
ChangeBridge, Inc.
15103, Gen. Stevens Ct.
Chantilly, VA 20151, USA
Phone :703/378-0975
Fax: 703/378-0976
E-Mail:[email protected]
9.
10.
App.56
Annexure I to Appendix 6
Application Form For Enlistment Under Appendix 6
to Issue Quality Certification And Modification In Particulars Of An Existing Enlisted Agency
1. Application for (please tick)
(A) Enlistment
................................
:................................
:................................
PIN [][][][][][]
3. Address of all the Branches/ Divisions/ Units/
located in India if they also to be enlisted.
1. .................
3. ..................
2. .................
PIN [][][][][][]
4.
5.
4. ..................
PIN [][][][][][]
Details of Accreditation Body from whom the applicant holds a valid accreditation certificate
i)
ii)
Yes / No
Nature of modification
and details thereof
required
: ......................................
......................................
(In case the application is for modification, information in S.No.2 and 3 above will be as per pre.modified
status)
6.
7.
: ............................
(ii)
Amount(in Rs.)
(In.figures)
(in words)
: ..........................
: ............................
(iii)
Name of Bank & Branch of Issue
Permanent Account Number (PAN)
: ............................
: ............................
Issuing authority
: ............................
App.57
Declaration Cum Undertaking for Enlistment in List of Agencies Authorized to issue Quality Certification
(LIST OF IS/ISO 9000 (SERIES) / ISO- 14000 (SERIES)/ WHO-GMP /HACCP/SEI/CMM LEVEL II) in
Appendix 6
On behalf of M/s _____________________________________________ with its registered / head office
located at __________________________________
1) I hereby certify that I am authorised to sign this declaration cum undertaking.
2) I/We hereby declare that the particulars and the statements made in this application are true and
correct to the best of my /our knowledge and belief and nothing has been concealed or held
therefrom.
3) I/We full understands that any information furnished in the application if proved incorrect or false
will render me/us liable for any penal action or other consequences as may be prescribed in law or
otherwise warranted.
4)
I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act,
1992, the Rules and Orders framed thereunder, the Foreign Trade Policy and the Handbook of
Procedures.
5) I undertake that the applicant is not a branch/ franchise of a foreign certifying body.
6) I undertake that the applicant has not been de-listed earlier on account of violation of any of the
provisions of the FTDR Act, 1992, or any misrepresentation or fraud.
7) That I/we would be liable for the penal action or other consequences as may be prescribed and
taken by the Ministry of Commerce or the Directorate General of Foreign Trade for any violation of
the undertaking or procedures that are prescribed by the Government.
Name:_______________________________
Designation:_______________________________
Address:_______________________________
Contact Nos:_______________________________
Fax:_______________________________
Email:_______________________________
Signature and seal of Agency:_______________________________
List of documents that should accompany the application for enlistment under A ppendix 6
1.
2.
3.
4.
5.
Certified copy of valid accreditation certificate for quality management from National
Accreditation Board for Certification Bodies (NABCB) or any other agency who is a
member of International Accreditation Forum
List of firms/companies (whether Indian or foreign) granted certification by the applicant.
Declaration cum Undertaking to be given on a stamp paper (Minimum of Two Rupees
Fees of Rs. 5000/-(non-refundable)
Details on the logistical/infrastructural setup of the agency with regard to:
a.
b.
c.
6.
App.58
APPENDIX 7
LIST OF TOWNS OF EXPORT EXCELLENCE
S.No
State
Product Category
Tirupur
Tamil Nadu
Hosiery
Ludhiana
Punjab
Woollen Knitwear
Panipat
Haryana
Woollen Blanket
Kanoor
Kerala
Handlooms
Karur
Tamil Nadu
Handlooms
Madurai
Tamil Nadu
Handlooms
Kerala
Seafood
Jodhpur
Rajasthan
Handicraft
Kekhra
Uttar Pradesh
Handlooms
App.59
APPENDIX 8
AGRI EXPORT ZONES
The following are notified as Agri Export Zones for the products mentioned therein. The Agri Export zone
shall cover the district/Mandals/Blocks/ satellite centres specified in the table below:
S.
No.
1
Product
State
Districts covered
Pineapple
West Bengal
Gherkins
Karnataka
Lychees
Uttranchal
Cut Flowers
Tamil Nadu
Dharmapuri
Maharashtra
Andhra Pradesh
Chitoor
Pineapple
Tripura
Mangoes
Maharashtra
Apples
10
Madhya Pradesh
11
Cabbage, Broccoli,
Okra, Peas, Carrot,
Baby Corn, Green
Chillies, Green Beans,
Tomato
Punjab
12
Potatoes
Uttar Pradesh
13
Mangoes
Vegetables
14
Mangoes
Uttar Pradesh
15
Potatoes
Punjab
16
Kesar mango
Maharashtra
17
Flowers
Maharashtra
18
Walnut
19
Lychee
West Bengal
and
Uttar Pradesh
App.60
and
20
Bihar
21
Andhra Pradesh
22
Mangoes &
Vegetables
Gujarat
23
Potatoes
West Bengal
24
Flowers
Uttranchal
25
Flowers (Orchids)&
Cherry Pepper
Sikkim
East Sikkim
26
Ginger
Sikkim
27
Rose Onion
Karnataka
28
Flowers
Karnataka
29
Apples
Himachal Pradesh
30
Basmati Rice
Punjab
31
Flowers
Tamilnadu
Nilgiri
32
Mangoes
Andhra Pradesh
Krishna
33
Onion
Maharashtra
34
Orissa
Kandhamal
35
Vegetables
Jharkhand
36
Seed Spices
Madhya Pradesh
37
Basmati Rice
Uttaranchal
38
Mango
West Bengal
39
Vegetables
West Bengal
40
Mangoes
Tamil Nadu
Madurai, Theni,
Tirunelveli
41
Wheat
Madhya Pradesh
42
Horticulture Products
Kerala
Thrissur,
Ernakulam,
Kottayam,
Alapuzha,
Pathanamthitta,
Kollam,
Thiruvanthapuram,
Idukki and Pallakad
43
Fresh and
Ginger
Assam
Processed
App.61
Dindigul,
Virudhunagar
and
44
Basmati Rice
Uttar Pradesh
Bareilly,
Shahjahanpur,
Pilibhit,
Rampur,
Badaun, Bijnor, Moradabad, JB Phulenagar,
Sharanpur,
Mujjafarnagar,
Meerut,
Bulandshahr, Ghaziabad And Baghpat
45
Medicinal
Plants
Uttaranchal
Uttarkashi,
Chamoli,
Pithoragarh,
Dehradun
And Nainital, Haridwar and Uddamsinghnagar
46.
Gujarat
47.
Gherkins
Andhra Pradesh
48
Pomegranate
Maharashtra
49
Banana
Maharashtra
Jalgaon,
Dhule,
Nandurbar,
Parbhani, Hindoli, Nanded and Wardha
50
Oranges
Maharashtra
51
Madhya Pradesh
52
Oranges
Madhya Pradesh
53
Cashewnut
Tamil Nadu
Cuddalore,
Sivaganga
54
Sesame seeds
Gujarat
Amerali, Bhavnagar,
Jamnagar
55
Vanila
Karnataka
56
Chilli
Andhra Pradesh
Guntur District
57
Medicinal Plants
Kerala
&
Aromatic
App.62
Thanjavur,
Buldhana,
Pudukottai
Surendranagar,
and
Rajkot,
APPENDIX 9
LIST OF COUNTRIES, EXPORT TO WHICH CONFERS DOUBLE WEIGHTAGE FOR THE GRANT OF
STAR EXPORT HOUSE STATUS
Country
S.No
Country
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Angola
Algeria
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Canary Island
Cape Verde Island
Central African Republic
Chad
Comoros
Congo Peoples Republic
Djibouti
Equatorial Guinea
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guineas Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Malagasy Republic
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Reunion
Rwanda
Sao Tome
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
St Helena
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Democratic Republic of Congo
Zambia
Zimbabwe
S.No
7.
8.
9.
10.
11.
12.
Country
Moldavia
Russia
Tajikistan
Turkmenistan
Uzbekistan
Ukraine
Country
Azerbaijan
Armenia
Belarus
Georgia
Kazakhistan
Kyrgystan
Country
S.No
Country
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Anguilla
Antigua and Barbados
Argentina
Aruba
Bahamas
Barbados
Belize
Bermuda
Brazil
British Virgin Islands
23
24
25
26
27
28
29
30
31
32
Guatemala
Guyana
Haiti
Honduras
Jamaica
Martinique
Mexico
Montserrat
Nicaragua
Panama
App.63
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Cayman Islands
Chile
Colombia
Costa Rica
Cuba
Dominica
Dominican Republic
Dutch Antilles
Ecuador
French Guyana
Grenada
Guadeloupe
33
34
35
36
37
38
39
40
41
42
43
44
App.64
Paraguay
Peru
Puerto Rico
Saint Kitts and Nevis
Saint Lucia
Saint Pierre and Miquelon
Surinam
Trinidad and Tobago
Turks and Caicos Islands
Uruguay
Venezuela
Virgin Islands
APPENDIX 10
LIST OF SERVICES
SECTORS AND SUB-SECTORS
1. BUSINESS SERVICES
A. Professional services
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Legal services
Accounting , auditing and bookkeeping services
Taxation services
Architectural services
Engineering services
Integrated engineering services
Urban planning and landscape architectural services
Medical and dental services
Veterinary services
Services provided by midwives, nurses,
physiotherapists and paramedical personnel
Others
Relating to ships
Relating to aircraft
Relating to other transport equipment
Relating to other machinery and equipment
Others
Advertising services
Market research and public opinion polling services
Management consulting service
Services related to management consulting
Technical testing and analysis services
Services incidental to agricultural, hunting and forestry
Services incidental to fishing
Services incidental to mining
Services incidental to manufacturing
Services incidental to energy distribution
App.65
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
2. COMMUNICATION SERVICES
A. Postal services
B. Courier services
C. Telecommunication services
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
D. Audiovisual services
a.
b.
c.
d.
e.
f.
E. Others
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
A. General Construction w ork for building
B. General Construction work for Civil Engineering
C. Installation and assembly work
D. Building completion and finishing work
E. Others
4. DISTRIBUTION SERVICES
A. Commission agents services
B. Wholesale trade services
C. Retailing services
App.66
D. Franchising
E. Others
5.
EDUCATIONAL SERVICES
A. Primary education services
B. Secondary education services
C. Higher education services
D. Adult education
E. Other educational services
6. ENVIRONMENTAL SERVICES
A. Sewage services
B. Refuse disposal services
C. Sanitation and similar services
D. Others
7.
FINANCIAL SERVICES
A. All Insurance and Insurance-related services
a.
Life, accident and health insurance services
b.
Non-life insurance services
c.
Reinsurance and retrocession
d.
Services auxiliary to insurance (including brokering and agency services)
B. Banking and other Financial Services (excluding insurance)
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
C. Other
App.67
11.
TRANSPORT SERVICES
A.
B.
C.
D.
Space Transport
E.
Passenger transportation
Freight transportation
Pushing and towing services
Maintenance and repair of rail transport equipment
App.68
e.
F.
G.
Passenger transportation
Freight transportation
Rental of Commercial vehicles with operator
Maintenanceand repair of road transport equipment
Supporting services for road transport services
Pipeline Transport
a.
b.
H.
Transportation of fuels
Transportation of other goods
Cargo-handling services
Storage and warehouse services
Freight transport agency services
Others
App.69
APPENDIX 11
VALUE ADDITION NORMS FOR EXPORTS FOR WHICH PAYMENTS ARE
NOT IN FREELY CONVERTIBLE CURRENCY
(i)
for exports from India against liquidation of Rupee balances to the credit of erstwhile RPA countries;
and for exports to the Russian Federation against funds available in the special Rupee Accounts in
the names of Russian entities.
ii)
For exports to the Russian Federation against India's repayment of State credits granted by
the former USSR.
The following value addition norms shall be applicable for exports to erstwhile Rupee Payment Area
countries:(a)
For the trade taking place in freely convertible Currency, the value addition norms will be the
same as applicable to exports to GCA countries:
(b)
For the exports from India against liquidation of rupee balances to the credit of erstwhile
RPA countries, the value addition norms shall be 33% or the percentage of value addition
indicated in the Handbook (Vol. 2) whichever is higher.
(c)
For exports to the Russian Federation against India's repayments of State credits granted by
the former USSR, the value addition norms shall be 33% or the percentage of value addition
indicated in the Handbook (Vol. 2) whichever is higher.
(d)
For exports to the Russian Federation against funds available against Special Rupee
Accounts in the name of Russian Entities, the value addition norms in cases involving duty
free imports under the Duty Exemption/ Remission Scheme shall be 33% or the percentage
of value addition indicated in the Hand Book (Vol.2) whichever is higher.
2.
In respect of the exports indicated at sub-paragraphs (b),(c) and (d) above, following further
relaxations shall be applicable:(i)
The provisions of Paragraph 2.40 of the Foreign Trade Policy 2004-09 shall stand relaxed to
the extent that export contracts and invoices shall be determined in non-convertible Indian
Rupees; and
(ii)
The provisions of Paragraph 9.3 of the Handbook (Vol.1) shall stand relaxed to the extent
that imposition and discharge of export obligation on the Advance Licence, if availed under
the Duty Exemption Scheme on such exports, shall be indicated in non-convertible Indian
Rupees.
App.70
APPENDIX 11A
DATA SHEET FOR ADVANCE LICENCE APPLICATION
ON SELF DECLARATION UNDER PARA 4.4.2 & 4.7 OF HANDBOOK (Vol.I)
Technical
Characteristics
ITC(HS)
Code
Quantity
required per
unit of
resultant
product
Purpose of
requirement
*
Wastage
claimed
(%age)
on net
content
basis.
Recoverable wastage/by
product
Name Quantity
value
Purpose of requirement should be indicated against each item whether the same is required as raw
material, components, consumables solvents, catalysts, packing material etc.
S.
No.
1.
Technical
Character istics
ITC(HS)
Code
Quantity
required per
unit of
resultant
product
Purpose of
requirement
*
Wastage
claimed
(%age)
on net
content
basis.
Recoverable w astage/
by product
Name Quant- value
ity
Production and consumption data of the manufacturer/supporting manufacturer (of preceding three
licensing years duly certified by the Chartered Accountant/Cost and Works Accountant/Jurisdictional
Central Excise Authority*):
*In case there is no past production, the Jurisdictional Central Excise Authority shall certify the
production and consumption data on the basis of production batch sheets and for this purpose the firm
shall maintain separate record of batch data for inputs consumed in the manufacture of the export
product.
Year
(1)
(2)
(3)
App.71
Quantity
consumed/unit
production
(4)
3.
Particulars of the licences obtained in the past and ratified by ALC (with or without modification) for
the same export product covered under this application.
S.No.
Licence
No &
Date
(1)
(2)
Description of
export product
(3)
Description of
import items
(4)
(5)
Import item
qty per unit of
export product
(as approved
by ALC while
ratifying
licence)
(6)
ALC meeting
No & Date
when
approved
(7)
4.
Please furnish technical details as per Annexure-I of Appendix-10 depending upon the resultant
product. Please confirm.
5.
I have examined the applicant company's import requirements of raw materials, components etc with regard
to their technical description/ specification and the quantity against each item of import and having regard to
proper technical norms of consumption and after technical scrutiny of relevant designs and drawings, I
hereby certify that they are correct in all respects and are actually required for the execution of the
export/supply contracts for .........................
The list of Items covers _________ pages and contains __________ items for a total value of
Rs._____________ (in free foreign exchange __________ )
Signature..................................
Name in Block letters................
Designation...............................
Address....................................
Place: .............
: ..................................
Date: ..............
: ..................................
App.72
APPENDIX 11B
DATA SHEET FOR DEPB RATES
Note:Please see paragraph 4.38 of this Handbook (Vol.1)
FOR OFFICIAL USE
File No...........................
Date.........................
1.
2.
IEC No.
3.
Description of Item
of export
4.
Sl.No. in
Handbook
(Vol.2)
Inputs allowed
ITC(HS) (Code)
Basic Customs Duty
Description
5.
Exports made during past one year of the item for which DEPB rate is applied for.
Item of export
6.
FOB value
(in Rupees)
Details of imports effected during the past one year of inputs allowed under Standard Input Output
Norms (Handbook of Procedures -Vol.2)
Sl. No.
7.
Quantity
Item of import
Bill of Entry
No. and date
Quantity of
import
CIF value
Details of international journals/magazine evidencing international price of inputs in support of the data
furnished above.
8.
FOB value
per unit
quantity
of export
product
(Kg./MT
etc.)
(1)
Description
of import
items
allowed as
per SION
(2)
Quantity of
import item
allowed for
each of the
input as per
SION
(Kg./MT etc.)
(3)
(4)
Total CIF
(In Rs./US)
App.73
Rate of basic
Customs Duty
against each of the
input allowed for
import in SION
(6)
APPENDIX 12 A
REPLENISHMENT FOR GEM & JEWELLERY
S.NO.
REPLENISH
MENT RATE
(%AGE OF
FOB)
IMPORT ITEM
65
60
(ii)
65
(iii)
90
1.
2.
3.
4.
2.3
50
3.
65
4.
5.1
1.
2.1
2.2
(i)
5.2
EXPORT PRODUCT
80
1.
2.
50
1
2
Imitation
Jewellery/ costume
jewellery studded or strung with
synthetic imitation stones/
plastic beads, wooden beads,
glass beads,
false pearls,
glass chatons etc.
30
10
3
4
2
3
4
5
1
App.74
5.3
10
1
2
Metal Fittings
Empty Jewellery Boxes (1 %)
5.4
30
Note:
General
Necklaces strung or threaded, with cut and polished precious/ semiprecious stones/
polished and processed pearls will also fall under respective entries of this Appendix
and replenishment allowed ac cordingly, provided the value of metal fittings, namely, clips,
clasps, pins, hooks etc. is negligible and such value is excluded
Note for
S.No.3
(1)
(2)
Precious Metal Jewellery as described under Col. 2 will be covered under Sl.No.3
provided the value of precious metal i.e. Palladium is not less than 70% of total
value of metal used therein or studded jewellery containing in whole or in part, metal
other than Palladium and studded/ strung with diamonds, pearls, precious/semiprecious stones will also be grouped under Sl.No. 3 for the purpose of import
replenishment, provided the value of the studdings/ stringings amount to 90% or
above of the total FOB value
(3)
For the purposes of determining the FOB value of the studdings in jewellery,
namely, the value of cut and polished diamonds and/ or precious and semiprecious stones and/ or finished pearls as per the declaration of the exporter duly
scrutinised and appraised by customs will be taken into account
(4)
Note for
Sl.No.4
(1)
(2)
Note for
Sl.No.
5.1
Only jewellery made of metals other than precious metals referred to in Sl.No.4 will
be covered by this entry. In other w ords, only jewellery made of base metal like
aluminium, copper, brass etc. and studded/ strung with synthetic/ imitation stones/
plastic beads, wood to be given on a stamp paper (Minimum of Two Rupees en
beads, etc. would fall under this Sl.No. Base metal imitation jewellery studded/
strung with semi-precious stones will also fall under this Sl.No.
Production of customs attested invoices is not required while claiming
replenishment.
(3)
Cuff links (including brass cuff links) studded with synthetic/ imitation stones,
decorated cuff links and gold plated cuff links will also fall under this Sl.No.
(1)
Jhumka, Rings, Finger rings, belts, necklaces, Ghungroos etc. made of base metals
such as Aluminium and "Gillet" will also fall under this S.No. Brass cuff links other
than those covered by Sl.No. 5.1 will also fall under this S.No.
(2)
App.75
Note for
Sl.No.
5.4
(1)
The price of palladium will be excluded from the FOB value while calculating
replenishment
(2)
This Sl.No. will also cover articles studded with synthetic imitation glass stones,
chaton beads, false pearls with or without diamonds, precious stones, semi-precious
stones, real/ cultured pearls.
App.76
APPENDIX 12 B
REPLENISHMENT SCALE FOR GEM REP LICENCE
S.NO.
i)
(ii)
a).
b).
Cut
and
polished
Emeralds/
Rubies/Sapphires in Jewellery valued
above US$ 350 per carat fob.
(iii)
(iv)
50%
(v)
50%
NOTE : For diamonds and precious stones, entitlement may be arrived at separately on the basis of
overall average of per carat realisation.
For semi-precious/synthetic stones and pearls, the
entitlement may be w orked out on an individual basis. The total will be the value of the Gem
Replenishment Licence.
App.77
APPENDIX 13
AGENCIES/FUNDS/ NOTIFIED BY THE DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF
FINANCE FOR THE PURPOSE OF DEEMED EXPORT BENEFITS.
1.
2.
3.
4.
5.
Yen credit channelised through Japan Bank for International Cooperation (JBIC).
(Development component only)
6.
App.78
APPENDIX 14-I-A
APPLICATION FOR SETTING UP EOU/SEZs or UNITS IN SPECIAL ECONOMIC ZONE
Note:
1. Please see Para 6.3.1 to 6.3.3 of the Chapter 6 & Para 7.7.2 to 7.7.4 of Chapter 7 of the Handbook of
Procedures (Vol.-I).
2.
Please read the general instructions given in EOU/SEZ Scheme before filling this application and also
some important guidelines given at the end of this application.
3.
AUTOMATIC APPROVAL
OR
BOARD OF APPROVAL
The application should be submitted to the Development Commissioner of the concerned Special Economic
Zone(for setting up EOUs/units in SEZ) in 3 copies alongwith a crossed Demand Draft of Rs. 5,000/- drawn
in favour of the Pay & Accounts Officer, Ministry of Commerce & Industry, Department of Commerce,
payable at the Central Bank of India, Udyog Bhavan, New Delhi. (NO FEE SHALL BE CHARGED FOR
RENEWEL/ EXTENSION OF LOP/ BROAD BANDING ETC.)
______________________________
Date :
______________________________
Date__________Month____________Year __________
I.
Amount Rs.
___________________
Draft No.
___________________
Draft date
___________________
Drawn on
___________________
(Name of the Bank)
Payable at
____________________
_________________________________
Full Address
_________________________________
_________________________________
_________________________________
_________________________________
Pin Code
_________________________________
Tel. No.
_________________________________
Fax No.
_________________________________
App.79
_________________________________
Web-Site, if any
_________________________________
_________________________________
_________________________________
Digital Signature
_________________________________
_________________________________
_________________________________
II.
Note:-
III.
IV.
(1)
__________________________
(2)
(a)
Please indicate if the proposed location is in a Centrally Notified Backward Area [Please tick (v) the
appropriate entry].
No. ______________Yes_________________ if yes, indicate category
(b)
Indicate whether it is within 25 Kms from the periphery of the standard urban area limit of city
having population above one million according to 1991 census.
Yes_____________ No. __________________
(c)
(d)
If not, does it come under the category of non-polluting industries as notified by the Govt.
Yes ___________ No. _______________
V.
App.80
Item(s) Description
Capacity(Unit = )
________________
________________
________________
________________
________________
________________
VI.PRODUCTION (In case of more than one item, supplementary sheets may be used)
Quantity (Unit __________)
(Value (In Rupees)
Not required for service unit)
1st year
2nd year
3rd year
4th year
5th year
___________________
___________________
___________________
___________________
___________________
VII.
Indigenous Requirement:
a)
b)
Capital Goods
Raw material, components, consumables,
packing material, fuel etc. during the
period of 5 years
__________________
__________________
__________________
__________________
__________________
(Value in Rupees)
TOTAL:
-----------------------------------------------
VIII.
US $ (Thousand)
1st year
2nd year
3rd year
4th year
5th year
Total:
IX.
INVESTMENT:
(RS. IN LAKHS)
(a)
Land
________________________
(b)
Building
________________________
(c)
________________________
________________________
(US $ Thousand)
________________________
(iii)
________________________
(d)
X.
No_____________
(a)
(b)
Lumpsum payment
Design & Drawing fee
_____________________
_____________________
App.81
(c)
(d)
(e)
(f)
XI.
_____________________
____________________%
____________________
________________(No.of years)
(i)
$ Thousand)
(Rs.lakhs)
(a)
Authorized
________________
________________
(b)
Subscribed
________________
________________
(c)
Paid up Capital
________________
________________
Note:
If it is an existing company, please give the break up of the existing and proposed capital structure
(ii)
(a)
Foreign holding
(b)
(US $ Thousand)
_____________
___________________
(i)
Repatriable
_____________
___________________
(ii)
Non-repatriable
_____________
___________________
(c)
Resident holding
_____________
___________________
(d)
_____________
___________________
(e)
XII.
FOB value of
exports in first
five years
XIII.
Foreign Exchange
outgo on
(I)
Import of
machinery
(ii)
Import of raw
materials and
components
(iii
Import of spares
and consumables
(iv)
Repatriation of dividends
and
profits to foreign
collaborators
(v)
(vi)
Royalty
Lump sum know -how
2nd
App.82
rd
th
Total Total
5th (5 yrs)
In Rs./In Th
Lakhs US$
fee
(vii)
(viiii)
(ix)
Payment on training of
Indian technicians abroad
(x)
Commission on
Export etc.
(xi)
Foreign Tr avel
(xii)
Amount of interest to be
paid
on
external
commercial borrowing/
deferred payment credit
(specify details)
Any
other
payments(specify details)
(xiii)
Total (i)to(xiii)
Net Foreign
Exchange earnings
in five years
XIV.
XV.
__________________
__________________
(percentage of 5 yrs production)
__________________
__________________
Value (Rs. Lacs)
(Qty.(Unit = )
________________
________________
EMPLOYMENT
(All figures in number)
XVI.
Existing
Proposed
--------------
--------------
a)
Supervisory
Men_______________
`Women_____________
_______________
_______________
b)
Non-supervisory
Men_______________
Women_____________
_______________
_______________
XVII.
_________
_________
MARKETING
a)
________
________
No
G. C. A. R. P. A.
App.83
b)
i)
________
________
OTHER INFORMATION
_________________
_________________
(b)
iii)
_________________
_________________
_________________
__________________
__________________
_________________
_________________
Place
:_________
Date
:________
Official Seal/Stamp_________________
___________________
Tel. No.
___________________
e-mail
___________________
Web-Site, if any
___________________
Full Residential Address_________________
UNDERTAKING
I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and
belief. I/We will abide by any other condition, which may be stipulated by the concerned Development
Commissioner. I/We fully understand that any Permission Letter granted to me/us on the basis of the
statement furnished is liable to cancellation or any other action that may be taken having regard to the
circumstances of the case if it is found that any of the statements or facts therein are incorrect or false. An
affidavit duly sworn in support of the above information is enclosed.
Place:__________
_________________
Date:___________
_________________
_________________
_________________
_________________
_________________
_________________
_________________
Official
Seal/Stamp
__________________
Tel. No.
e-mail Address
Web-Site
App.84
__________________
__________________
__________________
1.
Additional Information may be furnished by existing domestic units seeking conversion into the
EOU/SEZ Scheme as per annexure.
2.
Normally raw material tie-ups are not insisted upon but this may be necessary in cases, such as
granite/marble/sandstone products where availability of raw materials is contingent upon
Government leases etc.
3.
Normally lumpsum amount up to US $ 2 Million and 8% royalty (net of taxes) as amended from
time to time over a period of five years from the commencement of production is allowed as per the
current EOU/SEZ Scheme on account of foreign technology agreement as per the norms of
Department of Industrial Policy and Promotion. In addition selling agency commission is permitted
as per RBI norms.
4.
Cases involving high outgo of foreign exchange for capital goods and raw
Government prefers raising of funds through external commercial borrowings.
materials, the
ANNEXURE
PROFORMA TO BE FILLED IN BY THE EXISTING DTA UNITS SEEKING CONVERSION INTO THE
EOU/SEZ SCHEME
a)
b)
c)
d)
e)
f)
g)
h)
Whether conversion of DTA Unit into the EOU/SEZ has been sought
for the full existing capacity of the unit or the proposal is for partial
conversion.(Please give details of the existing capacity etc.)
Whether any expansion of the DTA unit proposed to be converted into
EOU/SEZ has bee envisaged, if so the extent thereof.(Please give
details of the existing capacity and the enhanced capacity etc).
What is the level of existing exports of the unit proposed to be
converted into EOU/SEZ. (Please give details of export performance
item-wise for a minimum of three previous years)
Whether the DTA unit is already under obligation to export, under:
i) Advance Licensing Scheme;
ii) Import of machinery under EPCG scheme;
iii) Any other Scheme.
(Give all relevant details including total E.O. imposed, the E.O.
discharged till date etc.)
Whether your unit is registered with the Customs or Excise authorities.
(Please give details viz. Reg. No., date etc.)
Are you agreeable to have your whole unit customs bonded as
required under the EOU/SEZ scheme?
Whether you are a merchant exporter or a manufacturer
exporter.(Please give details)
What is the age(year of manufacture)and residual life of items/
machinery already nstalled
i
in your unit, whether they are imported or
indigenous.(Please attach separate sheets giving item-wise details
with value of the new CG as well as existing value of machinery
presently installed).
Date____________
Signature________________________
Name __________________________
Place __________
App.85
APPENDIX 14-I-B
CRITERIA TO BE ADOPTED FOR AUTOMATIC APPROVAL OF UNITS UNDER EOU/SEZ SCHEME
APPROVAL OF NEW UNITS:
Proposals for setting up units under EOU/SEZ scheme under automatic route shall be considered by the
Unit Approval Committee taking into account the following: (i)
(ii)
(iii)
(iv)
(v)
(vi)
Wherever necessary, the above may be verified through personal interview with the promoters of the
project. In the event of the promoters being a well-established entity, the procedure of personal interview
may be dispensed with.
The Unit Approval Committee shall meet on Monday, every week. In case of the absence of
Development Commissioner, the meeting will be held by the next senior officer in the Zone. The unit shall
intimate the problems being faced by them in advance. In the meetings, apart from the promoters, the other
concerned agency with which difficulties are being faced by the unit, may also be called.
Recycling of ferrous and non-ferrous metal proposals will be considered only if the unit has Ingots
making facility and proposes to achieve value addition.
SENSITIVE SECTORS:
Care shall be taken by the Development Commissioner while approving projects in sensitive
sectors such as yarn texturising unit, textile processing, pharmaceuticals/drugs formulations/re-cycling of
ferrous and non-ferrous metal scraps etc. Projects for setting up units in sensitive sectors under EOU/SEZ
scheme shall be approved by the Development Commissioner after personal verification of the Directors and
inspection of the factory site before signing LUT. Verification could also be carried out through General
Manager, District Industries centre or jurisdictional DY/ Assitant Commissioner of Customs/Excise.
App.86
APPENDIX 14-I-C
SECTOR SPECIFIC REQUIREMENTS FOR EOU/SEZ UNITS
(1)
Coffee
Export of imported coffee shall be subject to approval from Coffee Board under relevant Act.
(2)
No job work with EOU/SEZ/DTA unit shall be permitted. However, this shall not be
applicable to units who intend to send the fabric {made out of Polyester (or) texturised
yarn within the unit} for jobwork to EOU/SEZ/DTA unit for dyeing of the fabric.
None of the units making polyester yarn existing or new shall be permitted to do
exports through third party and they have to export directly;
(iii)
These restrictions shall not apply to units in the same SEZ.
(ii)
(4)
5.
(i)
(ii)
No duty shall be required to be paid on sale of surplus power from an EOU/SEZ unit to
another EOU/SEZ unit. Development Commissioner of SEZ concerned would be informed
in writing of such supply and proper account of the consumption of raw material would be
maintained by the supplying unit. The value of imported inputs and consumables shall be
taken into account for NFE calculations of the supplying unit.
(iii)
The unit will obtain permission of the Assistant Commissioner of Customs/ Central Excise
for sale of surplus power in the DTA, after obtaining permission from the SEBs under the
relevant statute. Duty on sale of power to the DTA shall be as per the Notification of the
Department of Revenue in this regard.
(iv)
Due care shall be taken by the Development Commissioner / Board of Approval while
approving the power plants by EOU/SEZ units vis a vis their actual requirement.
Extension of LO P of the existing units under EOU/SEZ Scheme may be granted based on
the terms & conditions of earlier LOP.
No enhancement of the production capacity be allowed.
(iii)
Relocation of the existing units from one Zone to another will be approved on case to
case basis.
(iv)
EOU/SEZ units be exempted from the purview of Public Notice No. 392 dated 1.1.1997
regarding restrictions on physical forms & sizes and inspection would be done by Zone.
How ever for any supply into DTA, all conditions of public notice will apply.
App.87
and
(ii)
7.
Textiles :
Activities pertaining to reprocessing of garments/ used clothing /secondary textiles materials /
clipping/ rags/ industrial wipers/ shoddy w ool/ yarn/ blankets/ shawls and other recyclable textile
materials will not be allowed under EOU/SEZ schemes.
TEA :
App.88
APPENDIX-14-I-D
(Board of Approval Notification)
TO BE PUBLISED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
(PART I SECTION 1)
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
(DEPARTMENT OF COMMERCE)
New Delhi, dated the August 7, 2001
NOTIFICATION
No. 14/1/2001-EPZ:
Additional Secretary
Department of Commerce
Chairman,
2.
Joint Secretary
Department of Commerce
Member
3.
Joint Secretary,
Department of Industrial Policy
and Promotion
Member
4.
Member(Customs)
Central Board of Excise and Customs
Member
5.
Member
6.
Joint Secretary,
Ministry of Environment and Forests
Member
Joint Secretary,
Ministry of Science and Technology
Member
7.
8.
Member
9.
Member
10.
A representative of Department of
Economic Affairs
Member
11.
Member
12.
Member
13.
A representative of Concerned
state Government
Member
14.
Member
15.
Member-Secretary
App.89
1.
The Board shall consider proposals under EOU/SEZ scheme that fall outside the automatic approval
procedure as notified from time to time.
2.
Subject to necessary empowerment under section 14 of the Industries (Development and Regulation)
Act, 1951, the Board, wherever applicable, shall also consider applications for grant of industrial licence
wherever such licence is compulsory. Minutes in such cases will be issued after approval of Department
of Industrial Policy and Promotion. Based on the approved minutes the Development Commissioner
shall issue the Letter of Intent and upon fulfillment of conditions therein convert the same into industrial
licence.
3.
All Cases would be submitted before the Board by the Development Commissioner along with his
comments so that the units have a single interface at the level of Development Commissioner;
4.
EOU/SEZ cases involving foreign equity, including investment by NRIs and OCBs that fall outside the
automatic route shall continue to be dealt with by the Foreign Investment Promotion Board (FIPB). In
such cases, the units will apply directly to Secretariat for Industrial Assistance (SIA)) for FIPB approval
with a copy to the Development Commissioner concerned.
Those falling under the automatic route shall avail themselves of the dispensation available under the
automatic route.
5.
Consider all application for setting up of SEZ in the public/private/joint or State sector and make suitable
recommendations in this regard.
6.
Approve activities in respect of development, operation and maintenance of SEZ of any component
thereof.
7.
Note:
Separate meeting will be held to consider the proposal to set up SEZ in the
General
8.
9.
The Board may prescribe any condition, as it may consider necessary while granting approval.
The Board may in its discretion grant or refuse the approval.
Chairman of the Board may co-opt any representative of any other Department or agency not already
included in it, if he finds it necessary for any specific purpose.
(D.K.Mittal )
App.90
APPENDIX 14-I-E
(FORMAT FOR LETTER OF PERMISSION)
OFFICE OF DEVELOPMENT COMMISSIONER/
-------------SPECIAL ECONOMIC ZONE
DEPARTMENT OF COMMERCE, GOVERNMENT OF INDIA
Dated the----------------------------To,
M/S
Subject:
---------------------------------------------
Your unit application for permission under the EOU/SEZ Scheme for
________________________________ No.------------------SEZ -------------- dated----------Dear Sir/Madam,
Annual capacity
The above permission is subject to the conditions stipulated in Annexure in addition to the following
conditions: (i)
The unit shall export its entire production/service, excluding rejects and sales in the domestic tariff
area as per provisions of EOU/SEZ Scheme for a period of 5 years from the date of
commencement of production. For this purpose the unit shall furnish the requisite legal
undertaking as prescribed in the EOU/SEZ Scheme to the Development Commissioner concerned.
Before signing the LUT it should have its own permanent E-mail address. The unit would have the
option to renew its EOU/SEZ status or opt out of the scheme as per industrial policy in force at that
time in relation to items of production.
(ii)
The unit would be required to achieve positive Net Foreign Exchange (NFE) as prescribed in the
EOU/SEZ Scheme for a period of five years from the date of commencement of production, failing
which it would be liable for penal action.
(iii)
It is noted that you require imported Capital Goods valued at Rs.---------for the proposed project.
iv)
v)
Import/local purchase of all items except those listed in prohibited list for import/export will be
permitted.
Possession of allotted plot/SDF will be taken within a period of 3 months of issue of approval letter
and construction of the factory building/implementation of project shall be started within next six
months (in case of SEZ units only).
(vi)
This Letter of Permission is valid for 3 years from its date of issue with in which you should
implement the project and commence production and would automatically lapse if an application for
the extension of validity is not made before the end of the said period. Date of commencement of
production shall be intimated to the Development Commissioner of concerned SEZ.
(vii)
(viii)
The approval is based on the details furnished by you in your project application.
You shall be required to enter into a Legal Agreement in the prescribed form (Appendix 14-IF) with
DC_______ for fulfilling the terms and conditions mentioned in the LOP.
(ix)
(x)
You are requested to confirm acceptance of the above terms and condition to the undersigned
within 45 days.
If you fail to comply with the conditions stipulated above, this letter of approval is liable for
cancellation/revocation.
App.91
(xi)
All future correspondence for amendments/changes in terms and conditions of the approval letter
or for extension of its validity if required, etc. may be addressed to the undersigned.
Yours faithfully,
Development Commissioner
---------------------SEZ
Development Commissioner
------------------
App.92
APPENDIX 14-I-F
FORM OF LEGAL AGREEMENT FOR EOU/SEZ UNITS
NOTE:
PLEASE SEE PARA 6.4.1 OF THE CHAPTER 6 & PARA 7.8 OF THE CHAPTER 7 OF THE
HANDBOOK OF PROCEDURES (Vol.- I)
The Unit shall achieve positive NFE cumulatively over a period of 5 years as provided in the
EOU/SEZ Scheme.
2.
3.
The unit shall intimate the date of commencement of the production for export within one month of
such date to the concerned Development Commissioner.
4.
The unit shall not dispose of its production in the domestic market except in terms of the provisions
of EOU/SEZ Scheme and/or when specifically allowed by the competent authority.
5.
The unit under implementation shall submit quarterly report to the concerned Development
Commissioner in the prescribed format at Annexure II.
6.
The Unit shall after the commencement of production/operation, submit to the concerned
Development Commissioner, quarterly performance report in the prescribed format at Annexure III for the
period ending March/June/September and December every year within 30 days of the close of quarter
through e-mail giving details of the imports/exports effected and purchases made from the Domestic Tariff
Area by the Unit during the period. An annual performance report shall also be submitted in the prescribed
format given at Annexure - IV within a period of 90 days following the close of financial year failing which
further imports and DTA sale will not be permitted. Annual Performance Reports shall be certified by a
Chartered Accountant. In case of wrong submission of such information or failure to submit such information
within the stipulated time, DC may withdraw the permission granted to the unit for operation.
7.
In the event of the Unit failing to fulfill the terms & conditions of Letter of Permission(LOP) / Letter of
Intent (LOI) and NFE as prescribed in the EOU/SEZ Scheme, except when the fulfillment of such conditions
is prevented or delayed because of any law & order, proclamation, regulation/ordinance of the Government
or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines
given at Appendix-14-IG of the EOU/SEZ Scheme, the unit would be liable for penal action under the
provisions of Foreign Trade (Development & Regulation )Act, 1992 and the Rules & Orders made
thereunder.
App.93
8.
The unit shall also be subject to the conditions stipulated and required for availing exemption from
duty of Customs and Excise under the relevant Customs & Excise Notifications and any customs
duties/Excise duties and interest payable to / leviable by the Government for failure to fulfill such conditions
shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions
of Section 142 of the Customs Act 1962/Section II of the Central Excise Act 1944 and rules made
thereunder and/or from any payment due to the Unit from the Government.
9.
Any order issued by the Government in this regard shall be final and binding and the Unit thereby
undertakes to comply unconditionally with such an order.
10. The unit shall be bound by the changes made in the provisions of EOU/SEZ Scheme from time to time.
11. The unit shall have an operational Web-Site.
12. Any changes in the Board of Directors/Partners, telephone No., E-mail address, Web-Site, Pass port
No., Bank Address and Factory address shall be duly intimated by the unit within a fortnight.
13.
Any Stamp Duties payable on this document or any document executed thereunder shall be borne
by the Unit.
In witness thereof the common seal of _____________has been here into affixed and for and on behalf
of_______________has set and subscribed his hands here into. Common seal of the within named Unit
has been affixed here into in the presence.
Signature______________
(I)_____________________
(Residential address)
Director and (ii) Shri _______________Director who have been duly authorized for the purpose by a
resolution of the Board of Directors of the Company passed at the meeting held on ______________and
who have signed in the presence of _________________.
1.
2.
1.
2.
App.94
ANNEXURE-I
EXEMPTION MATERIALS
1.
No.
2.
No.
Description of material
3.
No.
Plant, Machinery and Equipment and Raw Material, Components and Consumables to be
indigenously produced and purchased without payment of Central Excise Duties.
Description of material
App.95
ANNEXURE-II
Period of reporting: (April-June) (July-Sept.) (Oct-Dec) (Jan-March) Quarterly Progress Report for the
EOU/SEZ units which are under implementation:
1.
2.
3.
:
:
Address
Phone No.
Fax No.
:
:
:
:
Regd.Office
a.
b.
c.
d.
e.
Address
:
Phone No.
Fax No.
:
Permanent E-Mail Address:
Web-Site
4.
5.
6.
7.
8.
a)
b)
c)
9.
Acquisition of land
Yes
No
b.
Erection of Building
c.
Electricity
d.
Water
: Not applied
Applied on
Available
e.
Telephone/Fax
: Not applied
Applied on
Available
: Not applied
Applied on
Employment:
No. of Men Workers employed in
the unit
No. of Women workers employed
in the unit
TOTAL:
a.
b.
c.
d.
Yes
No
App.96
Available
a.
b.
11.
12.
:
:
(Signature with seal of the company)
Place:_____________
Date:______________
App.97
ANNEXURE-III
FORMAT FOR QUARTERLY REPORT FOR THE WORKING UNITS
Period ----PERIOD
OF
REPORTING:
DECEMBER)(JANUARY -MARCH).
QUARTERLY
1.
2.
(APRIL-JUNE)(JULY-SEPTEMBER)(OCTOBER
Date of commencement of
production
Details of production figures
Quantity(MT/pieces)
EXPORT(INFLOW)
Value(Rs. in lakhs)
(Rs. in Lakhs)
4(i).
ii).
iii).
$ in Million
IMPORT(OUTFLOW)
(Rs. in Lakhs)
5(i).
Cumulative import of
RM/consumable etc. during
the quarter
ii).
iii).
6.
Achieved
App.98
DTA SALE
7. DTA sale
8.
Quantity
Value
Cases of pending Foreign Exchange realisation outstanding for more than 360 days at the end of last
quarter/ financial year
Date of export : Name of Importer:
Address :
Amount
(S I G N A T U R E)
With Seal of Co.
Notes :1.
App.99
ANNEXURE-IV
FORMAT FOR ANNUAL PROGRESS REPORT FOR THE WORKING UNITS
Period ----PERIOD OF REPORTING: ANNUAL (APRIL-MARCH)
1.
2.
PERIOD OF REPORTING
4.
5.
Factory Location/Address/
Telephone No.
6.
Regd.Office Address/Tel/Fax No
7.
8.
Date of commencement of
production
Details of production figures
Quantity(MT/pieces)
9.
Value(Rs. in lakhs)
10)
(Rs. in Lakhs)
$ in Million
12)
13)
14)
11)
1.
(Rs. in Lakhs)
16.
Raw Materials/consumables
/components etc. imported
during the year
17.
RM/consumables etc.
transferred to other units
during the year
18.
RM/consumables etc.
App.100
$ in Million
Cumulative import of
RM/consumable etc. during
the year
20.
20(A)
21)
22)
Opening balance of imported capital goods including spares (Value of capital goods year -w ise
since inception to be annexed)
23)
24)
25)
26)
Achieved
29)
30)
Purchase of indigenous
capital goods during the
year
31)
32)
33)
Purchase of indigenous
RM/Consumables etc
during the year
34)
34(A)
DTA SALE
35)
Quantity
Value
Quantity
Value
App.101
(c)Sale of Waste/Scrap/Remnant
d) Sale of by product
(e)Total
36) DTA sale on full duty
37)
Quantity
Value
Quantity
Value
Quantity
Value
Items of manufacture/service
Annual capacity (at the end of financial year)
Foreign NRI
Indian
i) Authorised capital
ii) Paid up capital
iii) Foreign Direct Investment -
(I) Approved
(II) Actual Inflow
during the year
(III) Cumulative balance
for the year
(I) Approved
(II) Actual Inflow
during the year
(III) Cumulative balance
for the year
40.
Employment:
a)
Total
Managerial
Skilled
Unskilled
b)
Total
Managerial
Skilled
Unskilled
c)
41.
TOTAL: (a + b)
OTHER INFORMATION :
b)
c)
a)
Cases of pending Foreign Exchange realisation outstanding for more than 180/360
days at the end of financial year
Date of export :
Name of Importer:
Address :
Amount :
d)
(180 days for EOUs and 360 days for SEZ units)
External commercial borrowing
e)
App.102
(a)
(b)
(c)
(d)
(S I G N A T U R E)
With Seal of Co.
Notes :1)
The above information should be given separately for each Letter of Permission.
2)
The information given in the formats for APRs should be authenticated by the authorized signatory
of the unit and should be certified for its correctness by a Chartered Accountant with reference to
the account records and registers maintained by the unit.
3)
APRs must be submitted electronically only if the zones have provided online facilities.
4)
The signature of the authorised signatory of the unit must be sent to the zone electronically.
App.103
APPENDIX 14-I-G
Guidelines for monitoring the performance of EOU/SEZ/STP/EHTP units
(1)
The annual review of performance of each operational unit and its compliance with the conditions
of approval shall be undertaken by the Development Commissioner before the end of the first
quarter of the following financial year;
(2)
A summary of annual performance review will be sent by each Development Commissioner to the
th
Ministry of Commerce for information under the three formats indicated below latest by 30
September every year;
Proforma I:
Proforma II: Summary of annual performance of the EOU/SEZ units, sector w ise with sectoral
sub totals.
Proforma III: Unit-wise statement on NFE showing the result of review.
PART (A)
3.
Watch If there is shortfall in achieving the NFE as per norms in EOU/SEZ Scheme at the
end of 1st and IInd year;
ii)
Issue of show cause notice -At the end of 3rd or subsequent year if positive NFE is not
achieved as per EOU/SEZ Scheme, Show Cause Notice will be issued.
After the
completion of first five years, if it is noted that the unit has not achieved positive NFE, as
per EOU/SEZ Scheme the Development Commissioner would initiate penal action under
the FT (D&R) Act, 1992;
iii)
No action to be initiated if the Development Commissioner, on the receipt of reply from the
unit, is satisfied that the shortfall has been on account of genuine reasons.
4.
METHOD OF MONITORING:
i)
In all cases of exit from the Scheme where the unit has imported inputs and failed to fulfil the
conditions of LOP with regard to NFE, appropriate steps are to be taken for penal action after
issuing Show Cause Notice to the units. Steps may also be initiated for cancellation of LOP/LOA of
units, which is not operating for more than a year;
NFE is to be calculated as per Para 6.10.1 to 6.10.4 of the Chapter 6 and Para 7.12.1 to 7.12.4 of
the Chapter 7 of the Handbook of Procedures (Vol.-I). For purpose of uniformity, guidelines for
calculation of NFE is given in EOU/SEZ Scheme may be followed.
(ii)
5.
MONITORING PERIOD
Units which have not completed one year, from the date of commencement of commercial
production, will not be monitored In case a unit has completed less than five years from h
t e date of
commencement of commercial production it will be monitored for the number of completed years.
Annual monitoring in the cases of old units which have completed more than five years will be
undertaken for only such number of years which fall in the second block of five years
6.
OTHER CONDITIONS
Development Commissioner will monitor Foreign Exchange realization/remittance of EOU/SEZ
units in coordination with the concerned General Manager of RBI as per instructions issued on the
subject vide RBI circular No. COEXD. 3109/05.62.05/99-2000 dated 21.2.2000.
PART B: SCHEME SPECIFIC CONDITIONS
7.
a)
The performance of EOUs would be jointly reviewed by the Development Commissioners of SEZs
and concerned Customs / Central Excise Officers on six monthly basis i.e. April - September each
App.104
b)
c)
year to be completed in the following quarter on the basis of QPRs/APR to be furnished by the
EOUs. The formats of QPR/APR have been prescribed in the LUT at Appendix 14-IF.
Joint review of NFE of the EOUs would be conducted by the DC / JDC and jurisdictional Deputy
Commissioner/Asstt. Commissioner of Customs and Central Excise in the office of Commissioner
of Customs/Central Excise where representative of units would also be invited. This will help them
to understand the scheme and clear the doubts about operation. The Development Commissioners
are advised to identify the number of Customs and Excise Commissioners, where the meetings are
to be held and work out a scheduled for visiting each of these places. It is suggested that at least
two places should be visited each month, so that all places are covered within a period of three
months. Some places may be covered by JDC and in the next six months, these could be
interchanged between JDC and DC.
For publicising the scheme, advertisement in the local papers may be arranged before the date of
such meetings.
Promotion programmes may be organised in collaboration with local industry,
Association or any other organisation, which has good presence in the area. General Manager of
District Industries Center may be associated.
d)
For each existing unit, review should be done at length to understand their problems and their
possible resolution. Efforts should be made to identify the reasons for shortfall / poor performance
and unit-wise action plan should be prepared for removal of bottlenecks. It should be ensured that
the unit should have an export promotion strategy as well tentative targets for next few years, so
that it has an idea as to what is to be achieved by them. Effective action should be taken against
erring units to discourage any misuse of the scheme.
(e)
For units under implementation, separate review be held so that their issues could be resolved.
(f)
At such places, if any infrastructure gaps are noticed, District Administration may be advised to
prepare projects which can be routed through State Government to the Ministry for approval under
Scheme for central Assistance for Developing export infrastructure and other allied activities
(ASIDE).
g)
Based on the joint review Development Commissioner concerned would prepare a report for
information of the Department of Commerce and CBEC and suggest corrective measures to enable
the defaulting units to fulfill their obligation as per EOU Scheme / Customs Notifications.
8.
a)
The performance of the SEZ units shall be monitored by a Committee as provided for in the SEZ
Scheme.
b)
The performance of the SEZ units to be monitored each quarter period on the basis of reports
received on formats prescribed in SEZ Scheme.
c)
d)
During the joint review, efforts should be made to identify the reasons for shortfall/poor
performance and unit-wise action plan should be prepared for removal of bottlenecks through such
a review.
(e)
Based on the joint review, Development Commissioner concerned would prepare a report for the
information of the Department of Commerce and CBEC and suggest corrective measures to enable
the defaulting units to fulfil their obligations as per SEZ Scheme/Customs Notifications
App.105
PROFORMA -I
(To be submitted by the Zone)
I.
a)
b)
c)
d)
e)
f)
II.
RESULT OF MONITORING :
:
:
:
:
:
:
2001 - 2002
a.
b.
c.
d.
EOU/SEZ UNITS:
Units which are operational for more than 1 year.
Units with negative NFE at the end of 3rd or subsequent
years.
Details of outstanding export proceeds (where the period of
realisation is not extended by the competent authority)
beyond 180/360 days at the end of financial year.
(180 days for EOUs and 360 days for SEZ units)
Revenue contributions by the units
(a)Excise duty on DTA sale during the financial year
(b)Income tax paid, if any, during the year
(c)State taxes, cess duties & levies(including CST paid on
domestic procurement).
(d)Tax deducted at source in respect of employees.
-
App.106
2002 - 2003
PROFORMA-II
(To be submitted by the Zone)
SPECIAL ECONOMIC ZONE
Summary of Annual Performance Report for the year 2003-04 Sector Wise
Sl.
No.
Name of
Unit with ID
Number in
case of EOU
Date of
Commen
cement of
productio
n
Value of
exports
10
NFE achieved
during the
period
11
Item of
Manufact
ure
Value
of
capital
goods
imported
Value of
RM
component
s etc.
Value of Sales
made in DTA
Remarks
12
13
App.107
Other
Total
outflow of investment
FE
made
towards
knowhow,
Commissi
on etc
7
8
Employment
Generated
so far
Item of manufacture:
2.
Date of Commencement:
3.
4.
5.
6.
7.
8.
9.
10.
11.
Export
Inter Unity supply
C. G. debit
Imported RM/inputs used
Other outgo of F. E.
Total Imports
NFE
DTA Sale
Details of outstanding export proceeds
(where the period of
realisation is not extended by the competent authority) beyond
180/360 days at the end of financial year.
:
:
:
:
:
:
:
(180 days for EOUs and 360 days for SEZ units)
12.
App.108
ANNEXURE I
CALCULATION OF NFE
1.
While calculating NFE achieved, following basic components are to be taken into consideration:
i.
ii.
iii.
iv.
2.
Amortised Value of Capital Goods: For this purpose as much value of CG is taken into account as
indicated in para 6.10.4 of Chapter 6 and in para 7.12.4 of the Chapter 7 of the Handbook of Procedures
(Vol.-I). The CG imported prior to the 10 years period is not taken into consideration for the purposes of
NFE if the value of said CG is fully amortized. If any capital goods imported duty free is leased from a
leasing company or is taken in loan the CIF value of the capital goods shall be included under the imported
inputs. However, on return of such CG its unamortized portion of value would be excluded from the
calculation formula.
3.
Import of raw material, consumables and spares etc: Whatever R. M. Consumables and spares are
imported during the year are taken into account. However, it should be noted that whatever R. M. is in
balance at the end of the previous year is added while the RM at the end of the current year is deducted
which will give the amount of RM consumed during the year. RM purchased as inter unit transfer is also
included.
4.
Other outflow of foreign exchange: All the foreign exchange outflow on account of royalty,
dividends, commission on exports, interest on external commercial borrowing etc., during the particular year
has to be accounted for while calculating value addition. However outflow on account of know -how fee
would be apportioned during a period of ten years as applicable
5.
Value of exports: While calculating value of exports, DTA sale made during the year are not to be
accounted for. However, supplies made in accordance with para 6.9 of the Chapter 6 of the Exim Policy &
paras
7.16.1 to 7.16.2 of the Chapter 7 of the Handbook of Procedures (Vol.-I) will be taken into
consideration for calculation of NFE.
App.109
APPENDIX- 14-I-H
GUIDELINES FOR SALE OF GOODS IN THE DOMESTIC TARIFF AREA (DTA) BY
EOU/SEZ/EHTP/STP/BTP UNITS:
NOTE:
Please see Paragraphs 6.8 and 6.9 of the Chapter 6 of the Exim Policy.
Such
a)
The sale of goods in DTA will be subject to the payment of licable duties as notified from time to
time by the Department of Revenue, Ministry of Finance, Government of India. DTA sale includes
clearance to any other unit within India under para 6.8.
b)
DTA sale entitlement will be applicable only to those goods and services, which are permissible as
per EOU Scheme. No DTA sale will be permissible if such sale is specifically prohibited in the EOU
Scheme or the Letter of Permission/Letter of Intent.
c)
Units may opt for DTA sales on a quarterly, half -yearly or annual basis by intimation to the
concerned Development Commissioner of the SEZ.
d)
The DTA sales entitlement shall be availed of within three years of the accrual of entitlement.
e)
An application for sale of goods in DTA as per EOU Scheme by the EOUs shall be submitted to the
Development commissioner concerned in the form given at Annexure-A. The application shall be
certified by an independent Cost/Chartered /Cost and Works Accountant and endorsed by the
Bond Officer of Customs/Central Excise having jurisdiction over the unit. The Development
Commissioner concerned will determine the extent of the DTA sale admissible and issue
authorization in terms of value. However, EOUs. having status holder certificate can sell finished
goods into DTA under para 6.8(a) of Foreign Trade Policy under intimation to concerned
Development Commissioner and Jurisdictional Central Excise Authority in terms of Para 6.39.9 of
Handbook .
f)
Advance DTA sale permission not exceeding the entitlement accruable on the exports envisaged in
the first year shall be permitted and such sale shall be adjusted against the subsequent
entitlements in a maximum period of two years.
However, drugs and pharmaceuticals units can
make advance DTA sale of the production on the exports envisaged in the first two years
adjustable against subsequent entitlements within a maximum period of three years from the date
of commencement of production by the unit. The Unit shall be required to execute a bond with the
Assistant Commissioner Customs/Central Excise concerned to cover the difference between the
amount of duties paid on the advance DTA sale and the full duties applicable on such goods.
g)
Advance DTA sales permission would also be admissible in cases of capacity expansion/product
diversification.
In such cases, the unit would be entitled to advance DTA sales linked to the
exports envisaged from the expansion or new production streams or through product
diversification. However, no advance DTA sale would be admissible to a DTA unit converted into
EOU except in respect of new production stream as a result of change of technology.
h)
The DTA sale entitlement would accrue only if the unit has achieved positive NFE on cumulative
basis.
i)
EOUs engaged in the manufacture of perishable items like floriculture, horticulture, pisiculture can
also avail the facility of simultaneous sale in DTA of such perishable items on quarterly basis, while
earning DTA entitlement on exports made during the said quarter. Such permission can be granted
in advance by the DC concerned subject to the condition that the unit has achieved positive NFE
cumulatively up to the previous quarter.
j)
Units in the service sector can also avail DTA sale as per procedure mentioned above.
k)
DTA sale of instant tea will be allowed up to 20% of FOB value of exports in the form of tea bags or
bulk.
App.110
a)
The application by an EOU will be submitted to DC concerned on yearly basis (licensing-year)
giving the details of production and exports made during the preceding licensing year duly certified by a
Chartered Accountant and endorsed by the jurisdictional Custom Authority.
b)
The DTA sale of plain jewellery shall be permitted on payment of concessional rate of duty in Indian
Rupees as applicable to sale from nominated agencies. In respect of studded jewellery, duty shall be
payable in Indian Rupees as notified by Customs.
c)
Advance DTA sale permission not exceeding the entitlement accruable on the exports envisaged in
the first year shall be permitted and such sale shall be adjusted against the subsequent entitlements in a
maximum period of two years.
The Unit shall be required to execute a bond with the Assistant
Commissioner Customs/Central Excise concerned to cover the difference between the amount of duties
paid on the advance DTA sale and the full duties applicable on suc h goods.
III
a)
The unit shall, at the time of application, indicate the quantity and value of goods sought to be
supplied in the DTA. If the sale is effected against an import license held by the DTA purchaser, the
Customs/Central Excise Officer concerned will allow such sales after making a suitable entry on the
license of the quantity and value of such sales.
The Import license shall cease to be valid for
further imports to the extent of such supplies effected by units.
b)
If, the goods proposed to be sold by the units do not require an import license, the Customs/Central
Excise Officer concerned will allow such supplies from the unit to the DTA.
c)
Goods supplied under (a) and (b) above will be taken into account for the purposes of achievement
of NFE. The unit will file a quarterly statement to the Development Commissioner giving details of
the goods cleared in the DTA category-wise.
IV.
SALE OF REJECTS
Sale of rejects is also permitted in the DTA, as provided for in para 6.8 (d) of the Chapter 6 of the
Exim Policy
V.
SALE OF BY -PRODUCTS:
The sale of by-products in the DTA is also permitted as per provision of para 6.8 (g) of the Chapter 6
of the Exim Policy after inclusion of the item in LOP/LOI.
App.111
ANNEXURE - A
APPLICATION FOR DTA SALE PERMISSION
UNDER PARA 6.8(a) of the Chapter 6 of the Exim Policy -- FOR THE PERIOD
(QUARTERLY/HALF YEARLY/ANNUAL)
I. PROJECT DETAILS:
1. Details of the unit
(i) Name & Address of the unit:
(ii) IEC No.
2. LOI/LOP/IL No. & Date:
3.
Item(s) of Manufacture/
Service
1.
2.
3.
Approval No.
and Date
Particulars of
products/
service
permitted
Value
1.
2.
3.
Total
DETAILS OF DISPATCH UNDER PARA 6.8(a),(d),(e)& (g) of the Chapter 6 of the Exim Policy
6.
Description of
goods/service sold
in DTA as DTA
sale
Value
1.
2.
3.
Total
III. PRODUCTION DETAILS FOR THE APPLICATION PERIOD
Gross production
I.
Description of goods
produced/manufactured
/service
Quantity
1.
2.
Total
App.112
Ex-factory value
IV
Value of rejected
consignment, if any
1.
2
3.
Total
VI
Value
1.
2.
3.
Total
DECLARATION
I/We hereby declare that the information given above is true and correct
Signature of the applicant
Name
Designation
Seal of the Company
CHARTERED ACCOUNTANTS CERTIFICATE
We have checked and verified the figures mentioned above from the records and books of account
of company and found them true and correct
Signature
Name
Membership No
Seal
CERTIFICATE BY CENTRAL EXCISE AUTHORITY
Verified from the records and found correct by Inspector / Supdt. Of Central Excise & Customs I/C
of the factory
Signature
Name
Seal
Note: Each page may be verified and signed by the Chartered Accountant
App.113
DETAILS OF EXPORTS:
(Rs. in Lakhs)
i)
ii)
iii)
2.
Rs.
Rs.
Rs.
OTHER
OFFICE
EQUIPMENTS
(I) CIF VALUE OF IMPORTED CAPITAL GOODS (YEAR WISE) IN THE LAST FIVE YEARS OR LESS AS
APPLICABLE
Ist year
IInd year
IIIrd year
IVth year
Vth year
Total
3.
4.
(i)
(ii)
Iii)
iv)
Rs.
Rs.
Rs.
Value of purchases made under Para 6.9 (b) & para
6.13(a) &(c) of Chapter 6 of the Exim Policy in the last
five years or less applicable
Value of goods indicated at (i) & (ii) above held in stock
or under process at the end of the relevant period
Value of raw materials etc. used in goods produced and
cleared from the unit {[(i) + (ii)]-[(iii)}
Rs.
Rs.
5.
Total value of indigenous raw materials, consumables Rs.________________
components etc,
used in goods produced and cleared
from the unit in the last five years or less as applicable
6.
(i)
Dividends
Rs.
(ii)
Profit
Rs.
(iii)
Rs.
(iv)
Royalty
Rs.
(v)
Commission
Rs.
(vi)
Foreign travel
Rs.
(vii)
Rs.
Total
Rs.
App.114
7.
NFE achieved
A - B> 0
Where
Note:
App.115
APPENDIX 14-I-I
Procedure to be followed for reimbursement of Central Sales Tax (CST) on supplies made to Export
Oriented Units (EOUs) and units in Electronic Hardware Technology Park (EHTP) and Software Technology
Park (STP).
Note: Please see paragraph PARA 6.11(c)(i) of the Chapter 6 of the Exim Policy.
1.
The procedure given hereunder shall be applicable for reimbursement of Central Sales Tax.
2.
The Export Oriented Units (EOUs) and units in Electronic Hardware Technology Park (EHTP) and
Software Technology Park (STP) will be entitled to full reimbursement of Central Sales Tax (CST) paid by
them on purchases made from the Domestic Tariff Area (DTA), for production of goods and services as per
EOU Scheme on the following terms and conditions:
(a)
The supplies from DTA to EOU/EHTP/STP units must be utilised by them for production of goods
meant for export and/or utilised for export production and may include raw material, components,
consumables, packing materials, capital goods, spares, material handling equipment etc. on which
CST has been actually paid by the EOU/EHTP/STP
(ii)
While dealing with the application for reimbursement of CST, the Development Commissioner or
the designated officer of EHTP/STP shall see, inter alia, that the purchases are essential for the
production of goods meant for export and/or to be utilised for export production by the units.
3.
The procedure to be followed in this regard is indicated hereinafter and shall be strictly adhered to:
Procedure:
(i) The unit shall present its claim for reimbursement of CST in the prescribed form (Annexure - I) to the
Development Commissioner of the SEZ concerned or the designated officer of the EHTP/STP.
(ii) As soon as the goods are received by the EOU/EHTP/STP unit in its premises it will be entered in the
material receipt register kept for the purpose. The register must show the details of goods, quantity, the
source of purchase and the C Form against which purchase is made, etc. which will be subject to periodical
check by the authorised staff of the Zone/Customs administration. A Chartered Accountants certificate
regarding the verification of the materials receipt register relevant to the claim as at Annexure - II shall be
submitted alongwith the claim.
(iii)
The reimbursement of CST shall be admissible only to those units who get themselves registered
with the Sales Tax authorities in terms of Section 7 of the CST Act, 1956 read with (Registration
and Turnover) Rules, 1957 and furnish a Photostat copy of the Registration Certificate issued by
the Sales Tax authorities to the Zone office concerned for keeping it in the relevant file.
iv)
(v)
Chartered Accountants Certificate, from CA, meeting the following criteria, certifying receipt of
the goods as shown in Annexure-II in the bonded premises, scrutiny of original invoice/bill of
the supplier and proof of payment against each invoice/bill and its reconciliation with C
Form:-
App.116
b)
Photostat copy of C Form issued by the EOU/EHTP/STP to the supplier in the DTA with
reference to the counterfoil produced by the unit. The counterfoil of C form will be returned to
the unit after making suitable endorsement like cancelled/CST reimbursed duly signed by the
authorised officer of the Zone administration. While making the endorsement only, the items
for which CST has been reimbursed should be indicated as cancelled and the Photostat copy
will be retained by the officer for keeping in respective file. In the event of the same `C form
being used again, the verification could be done at the time of scrutiny from the self-attested
photocopies. The firm must indicate the file No. on which the original stands submitted.
(vi) The reimbursement will be limited to the payment of CST against C Form only.
(vii) The EOU/EHTP/STP shall also intimate the name of the
person/persons who are authorised by
them to sign the C Form and furnish three copies of his/their specimen signature(s) which will be kept in
the relevant file of the unit.
(viii)The reimbursement will be made on quarterly basis. No claim for reimbursement will be normally
entertained if not claimed within a period of six months from the completion of the quarter in which the claim
has arisen. In case of procurement of goods against payment in installments, the CST reimbursement claim
may be made in the quarter in which the full payment has been effected against the invoice/bill.
In
exceptional cases, the Development Commissioner may consider delayed applications when received after
the expiry of the last date for submission of such application but within six months from the last date with a
late cut @ 10% on the entitlement after satisfying that the delay was due to genuine grounds.
(ix)
Only one consolidated claim for a quarter will be admitted for reimbursement of CST.
supplementary claim shall be entertained.
No
(x)
The claim for CST reimbursement for the amount below Rs. 100/- on any single invoice shall not be
entertained.
(xi)
The disbursing authority for the claim of reimbursement of CST will be Development
Commissioner/designated officer of EHTP/STP who will make payment to the units. All claims
shall be subjected to post audit.
(xii)
The unit shall preserve for three years all the original documents viz. Original invoice/bill, money
receipt/bank statement for random/sample checking and produce the same as and when called for
by the office of the Development Commissioner. Random checking of 5% of the claims of a
particular quarter should be done in the next quarter through generation of computer statements on
the basis of serial numbers. The random list will be generated by the Development Commissioner
personally.
(Xiii) In case some glaring error or irregularity is detected against any unit in claiming CST reimbursement,
action to recover the amount paid and levy penalty would be taken under FTDR Act against such unit.
(Xiv) Any dues of the Government viz. arrears of Lease rent, amount on account of a Courts decree or
Income tax recovery note, etc. will also be deductible from the claim amount or it can be set off from the
subsequent payment.
App.117
ANNEXURE 1
Application for claiming reimbursement of Central Sales Tax against C Form for the goods brought into the
bonded Premises of the EOU/EHTP/STP for the quarter ending on ----1. Name of the applicant
4.
Registration No:
6.
(g)
(h)
(i)
the
the
The goods for which the claim has been made are meant for production of goods for export and/or
for export production of the EOU/EHTP/STP unit and will be utilised only in our factory and we shall
not divert or dispose off the material procured without obtaining prior permission of the concerned
Development Commissioner.
(b)
The goods for w hich the claim has been made have been entered into the stock register
maintained by the unit.
(c)
Any information, if found to be incorrect, wrong or misleading, will render/us liable to rejection of our
claim without prejudice to any other action that may be taken against us in this behalf.
If as a result of scrutiny any excess payment is found to have been made to me/us, the same may
be adjusted against any of the subsequent claims to be made by my/our firm or in the event no
claim is preferred, the amount overpaid will be refunded by me/us to the extent of the excess
amount paid.
Signature
Name in Block Letters
App.118
:
:
Designation
Name of the Applicant
Firm
App.119
:
:
:
ANNEXURE - II
CHARTERED ACCOUNTANT CERTIFICATE
I/We hereby confirm that I/We have examined the prescribed material receipt registers, books of
account and the bank statement in respect of the goods mentioned in the table appended, and each entry
of the application of
M/s_______________ for the period-------------------------------------------- and hereby
certify that:
(i)
The following documents/records have been furnished by the applicant and have been examined
and verified by me/us, namely material handling registers certified by the zone
administration/Bonding Officer, original invoice/bill, books of accounts and l Bank statement,
(ii)
Relevant registers have been authenticated under my/our seal, signatures. It has been ensured
that the information furnished is true and correct in all respects, no part is false or misleading and
no relevant information has been concealed or withheld.
(iii)
The Payment has been made by the said M/s.___________________________ to the DTA
suppliers in respect of goods received against the original invoice bill(s) as indicated in the table
annexed her eto.
(iv)
The payments have been made through normal banking channel and have been credited to the
accounts of the DTA suppliers.
(v)
Such payment includes the amount of CST indicated in the respective invoices.
(vi)
All the items shown in the table are admissible for reimbursement of CST under provisions of EOU
Scheme
Neither I/We nor any of our partners is a partner/Director or an employee of the above named entity or its
associated concerns.
I fully understand that any submission made in this certificate if proved incorrect or false, will render me/us
liable to face any penal action or other consequences as may be prescribed in the law or otherwise
warranted.
Signature & Stamp/seal of the Signatory___________
Name_______________________________________
Membership No.______________________________
Full address__________________________________
App.120
TABLE
DETAILS OF GOODS BROUGHT INTO UNIT
QUARTER__________________________________
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
AND
CENTRAL
SALES
TAX
PAID
DURING
THE
S.No.
Name and address of the supplier
Nature and description of goods
Quantity received and accepted
Invoice value accepted
Invoice/Bill No. and date:
Date of Receipt of the goods and S.No. of entry in material receipt register.
CST Amount paid
C Form No.
Cheque/DD No. date and amount
Name of Bank and Branch
CST Registration No. of the supplier:
Note: Table shall show supplier-w ise sub-total and grand total of column (v), (vii) and (x) Cheque/DD
amount.
Signature & Stamp/seal of the Signatory________________
Name____________________________________________
Membership No.___________________________________
Full address_______________________________________
Name and address of the Institution where registered.
Date:
Place:
App.121
APPENDIX-14-I-J
ITEMS PERMITTED FOR IMPORT/DOMESTIC PROCUREMENT BY EOU/SEZ UNITS ENGAGED IN
AGRICULTURE/HORTICULTURE WITHOUT PAYMENT OF DUTY FOR SUPPLY TO CONTRACT
FARMERS IN THE DTA.
INPUTS:
1.
2.
Seeds
Fertilizers and chemicals for pre and post harvest treatment such as micro nutrients, plant and
growth regulators and other organic and inorganic substances used for plant nutrition,
insecticides, fungicides, weedicides, herbicides and the like.
EQUIPMENTS:
1.
Filters
2.
3.
4.
Agriculture sprinklers
5.
Fertilizer Tanks
6.
Valves
7.
8.
Crates, drums and preservation media (Such as acetic acid and vinegar)
9.
Grading Tables
10.
Green House equipment, accessories, heated rooting tables, propagation trays, seeding
machines.
11.
Plants or parts there of, seeds, saplings, tubers, bulbs, Rhizomes, root cuttings, all types of
grafts, tissue culture material and other vegetatively propagated material utilized for sowing or
planting.
12.
Growing media such as Peat Moss (including peat litres) whether or not agglomerated),
Pearlite/ Verniculate, Rockwool, Coca peat, Hydrocorn, Foam based medium and other
cultivation medium.
App.122
Appendix 14-I-K
Jurisdiction of Special Economic Zones:
S.N
o
1
Designation
Address/Phone/Fax/E-mail/Website
Territorial Jurisdiction
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner,
Development Commissioner/
joint Development
Commissioner/ Deputy
Development Commissioner/
Asstt. Development
Commissioner ,
nd
th
App-
App.123
APPENDIX 14-I-L
Applicable customs and excise duties would be paid, on the imported and indigenous capital
goods, raw materials, components, consumables, spares and finished goods in stock. The
unit may be allowed to dispose off raw material, components, consumables etc. against duty
free licenses. The unit may also be permitted to export the CG, raw material/components etc.
b)
The penalty imposed by the appropriate authority, under the Foreign Trade (Development and
Regulation)Act, 1992 for non-fulfillment of the conditions of approval, would be paid. In case
an appeal against an order imposing penalty is pending, exit from the Scheme would be
considered if the unit has obtained a stay order from Competent Authority and has furnished a
Bank Guarantee for the penalty adjudicated by the appropriate authority unless the appellate
authority makes a specific order exempting the unit from this requirement.
c)
In case the unit has failed to fulfill the terms and conditions of LOA and penal proceedings are
to be taken up/are in process, a legal undertaking for payment of penalties, that may be
imposed, would be executed with the concerned Development Commissioner as per enclosed
proforma at Annexure.
d)
Units located in the Special Economic Zones would be required to immediately vacate their
premises after approval for exit from the Scheme. EOUs wishing to continue operations in the
DTA would need to comply with industrial, locational, environment or other laws, rules and
regulations in force for DTA units.
NOTE:
i)
ii)
The unit would fulfill the above mentioned standard conditions in a period of six
months from the date of issue of in principle exit letter and obtain final exit
permission from the Development Commissioner/SIA (in case manufacturing of item
requires Industrial Licence) failing which the approval granted would lapse
automatically. DC may however allow a further extension
for fulfillment of the
standard conditions in deserving cases.
Further, the unit would continue to be treated as EOU/EHTP/STP/SEZ unit till the
date of final exit order or issue of fresh LOP under the new scheme in cases of
conversion from one scheme to the other and subject to monitoring of the stipulated
obligations under the relevant scheme.
App.124
Annexure
FORM OF LEGAL UNDERTAKING FOR EXIT OF THE UNIT
M/s ___________________________ _____________________ were
granted
LOA/LOP
No.______________________________________ dated ________________ for setting up a EOU/SEZ
Unit
__________________________
at
________
for
the
manufacture
and
export
of
____________________________________________
subject inter -alia to the condition that they would
achieve positive NFE on cumulative basis as per provisions of EOU/SEZ Scheme.
The unit filed a legal undertaking as per Appendix 14-IF of EOU/SEZ Scheme
on
_______________________ with the President of India through the Development Commissioner,_____
SEZ for achieving the above mentioned commitments.
As against the above commitments, the units actual performance has been as under: Year
Import
CG
Export
RM
(ii)
That I/We____________________________________________________
shall adhere to the
mode of payment of penalties, if any, and time frame in which penalties are required to be paid to
the Director General of Foreign Trade without any demur or protest.
IN WITNESS WHEREOF the unit hereto has duly executed this agreement
______________________________
this
______________________________
day
___________________________200__ signed, sealed and delivered by the unit in the presence of :
1.
Name
___________________________
Address ___________________________
2.
Name
___________________________
Address ___________________________
___________________________
on
of
App.125
APPENDIX 14-I-M
To revive units which may have become sick and to provide an exit route to those units, who may
want to move out of the EOU/SEZ Scheme, the following guidelines are prescribed :1.
Revival of operations:
i)
A unit which has been declared sick by the appropriate authority shall submit a revival package
through the Development Commissioner concerned to the Board of Approval for consideration
and approval.
The Board shall consider the following:
a) Extension in the period for fulfillment of NFE for a further period up to a maximum of 5
years at the prevalent norms of the EOU/SEZ Scheme.
b) On extension of the period, unutilized raw material and imported/domestically procured
capital goods shall be allowed to be carried forward at their original value.
ii)
2)
3)
On grant of extension, the LUT executed by the unit shall be suitably revised.
In case an entity is willing to takeover all the assets and liabilities of a sick unit, transfer of
such assets and liabilities as per the dispensation indicated in Para 1 above shall be
considered by the Board of Approvals. An application for such takeover may be submitted
through the Development Commissioner concerned to the BOA for approval.
ii)
The sick unit could also transfer the imported/domestically procured capital goods and raw
material to another EOU/SEZ units. For the buying units, it shall be treated as a domestically
sourced goods for the purpose of NFE.
Utilisation of space
i)
In the event of a SEZ unit is granted extension of period for fulfillment of NFE as indicated in
Para 1 above, the space provided by the zone administration would continue to be in its
possession. The Development Commissioner shall not charge any penal interest payable on
rental for the period for which the unit has remained closed up to the date of the new bonding
period.
ii)
In event of the units exit from the Scheme as indicated at Para 2 (i) and (ii), the unit shall be
liable to pay all the rental dues as decided by the Development Commissioner. However, if the
unit is being taken over by another unit, the liability shall pass on to the unit, which is taking
over the sick unit, subject to an undertaking being given by the later. However, no penal
interest on rental dues shall be charged for the closure period before take-over.
iii)
All adjudication proceeding under FTDR Act shall remain in abeyance in case of revival/take
over of sick unit and approval of it by the Board of Approval.
App.126
APPENDIX 14-I-N
PROFORMA FOR EXTENSION OF LOP FOR EXPORT ORIENTED UNITS
1.
2.
3.
4.
Land acquisition
(b)
(c)
(d)
(a) imported
(b) indigenous
(e)
Building construction :
(f)
(g)
(h)
(i)
(j)
Pow er Connection
(k)
(l)
(m)
(n)
(o)
Details of Employment :
5.
6.
Whether necessary permissions from state obtained (i.e. Pollution Control Board)
Details of all extensions given so far(along with the conditions mentioned therein) :
9.
App.127
10.
11.
App.128
APPENDIX-14-II-O
(GUIDELINES FOR SEZ DEVELOPERS)
(TO BE PUBLISHED IN PART II SECTION3(ii) OF THE GAZETTE OF INDIA EXTRAORDINARY )
Ministry of Commerce & industry
Department of Commerce
EPZ section
***
S.O No.
In excise of the power conferred under Section 80 IA of the Income Tax Act, 1961, read with
sub rule (2) of rule 18 C of the Income Tax Rules, 1962, the Central Government hereby makes the
following scheme to develop, operate and maintain Special Economic Zones for the period beginning on the
st
1 day of April, 2001 for the Zones developed on or before 31.3.2006.
1.
(a) The scheme shall aim at development of integrated world class infrastructure for exports including
carrying out manufacture of goods, rendering of services or in connection therewith and would include
industrial, commercial and social infrastructure. Components of a Special Economic Zone shall include
roads, airports, ports, transport system, generation and distribution of power, telecom, hospitals, hotels,
educational institutions, leisure and entertainment units, residential/industrial/commercial complexes, water
supply sanitation and sewerage system and any other facility required for development of the Zone.
(b) Special Economic Zones may be developed and managed in the private sector or jointly by State
Government and a private agency or exclusively by the State Government or their agencies. In the case of
privately developed zones, the investors could be either Indian individuals, NRIs, Indian or foreign
companies.
(c) New infrastructural development works such as construction of Standard Design Factory Building etc.
and operation and mainteance of infrastructure in the Zones may also be undertaken through
private/joint/State sector in the Export Processing Zones converted into Special Economic Zones.
2.
Proposals for setting up SEZ in the public/private/joint/State sector are required to meet the
following conditions:
(i)
Minimum size of the SEZ shall not be less than 1000 hectares. This would however,
not apply to existing EPZs converting into SEZs as such or for notifying additional
area as a part of such SEZ or to product specific SEZs.
(ii)
The SEZ and units therein shall abide by local laws, rules, regulations or bye-laws in
regard to area planning, sewerage disposal, pollution control and the like. They shall
also comply with industrial and labour laws and such other laws/rules and regulations
as may be locally applicable.
(iii)
Such SEZ shall make adequate arrangements to fulfill all the requirements of the
laws, rules and procedures applicable to such SEZ.
(iv)
Only units approved under the SEZ Scheme would be permitted to be located in
these SEZ. At least 25 % area of the SEZ shall be used for developing industrial area
for setting up of such units.
(v)
(ii)
Area of the proposed SEZ and its aerial distance from the nearest Sea
Port/Airport/Rail/Road head etc.
App.129
proposed
(iii)
(iv)
(v)
Whether the zone will allow only certain specific industries or will be a
multi-product zone.
3.2
The State Government shall, forward it along with their commitment to the following, to the
Department of Commerce, Government of India:
(i)
(ii)
(iii)
(iv)
(vi)
(vii)
(viii)
(ix)
The area incorporated in the proposed Special Economic Zone is free from
environmental prohibition ;
Water, Electricity and other services would be provided as required;
Full exemption in electricity duty and tax on sale of electricity for self generated and
purchased power;
To allow generation, transmission and distribution of power within SEZ;
Exemption from State Sales Tax, octroi, mandi tax, turnover tax and taxes, duty,
Cess, levies on supply of goods from Domestic Tariff Area to SEZ units;
For units inside the Zone, the powers under the Industrial Disputes Act and other
related Acts would be delegated to the Development Commissioner.
The Zone will be declared as a Public Utility Service under Industrial Dis putes Act.
Single point clearances system would be provided to the units in the Zone under
State Laws/Rules.
3.3
The proposal incorporating the commitments of the State Government shall be considered by the
Board of Approval (BOA) as notified vide notification No 14/1/2001-EPZ dated 7.8.2001.
3.4
On acceptance of the proposal by the BOA, the Department of Commerce will issue a Letter of
Permission to the applicant ; hereafter referred to as developer.
3.5
After approval, the developer shall come to the Board of Approval indicating specific activity
proposed to be undertaken for development, operation and maintenance of SEZ. The Board of Approval
may give general guidelines regarding the activities to be undertaken in SEZs. Other entities, as approved
by the Board of Approval, may also undertake approved development activities of the SEZ provided that
commercial, residential and recreational facilities shall be approved only if the applicant has at least 26%
equity in such entities.
Based on the activities approved for the SEZs by the Board of Approval, the Unit
Approval Committee shall approve the list of machinery, and the construction materials required for
development operation and maintenance of the zone.
3.6
In case of converted EPZ into SEZ approval for development, operation and maintenance of
requirements in infrastructure will have to be obtained from BOA on case to case basis. Para 3.5 shall
mutates mutandis apply to creation of new infrastructure in the converted SEZs.
4.
General Conditions:
(1) The undertaking applying for approval shall undertake to continue to operate under the SEZ
scheme during the period in which benefits under Section 80 IA of the Income Tax Act are to
be availed.
(2) The Central Government may withdraw the approval given to an undertaking for setting up of
SEZ if the undertaking fails to comply with any of the conditions of approval.
5.
The Letter of Permission issued by the Government of India (Department of Commerce) to the
developer for setting up of Special Economic Zone shall be treated as Agreement for availing exemption
under the Section 80-IA of the Income Tax Act.
New Delhi
Dated : 24.1.2002
(D.K.Mittal)
Joint Secretary
No F.2(1)/3/2001-EPZ
App.130
APPENDIX-14-II-P
(FORMAT FOR LETTER OF PERMISSION FOR SEZ DEVELOPER)
No.
-EPZ
Government of India
Ministry of Commerce & Industry
Department of Commerce
(EPZ Section)
..
Dated the
To,
(ii)
PROMOTER:-
(iii)
PROJECT DETAILS:-
2.
General conditions:-
(i)
At least 25% of the SEZ's area shall be used for developing industrial area for setting up of units.
Layout of the SEZ shall clearly delineate the industrial areas.
(ii)
It would be the responsibility of the developer to obtain required approval from various statutory
authorities under relevant statues and regulation of the Government of India and the State
Government.
(iii)
Adequate provision for rehabilitation of the displaced persons will be made by the developer.
(iv)
The developer shall be eligible for duty free import/domestic procurement of goods only for those
activities approved by the BOA;
(v)
The State Government shall issue requisite notification giving effect to the policy announced by the
State Government and shall enact a SEZ Act.
(vi)
The project shall be implemented and operated in terms of the parameters laid down by this
Ministry.
(vii)
Units in SEZ shall be governed by the provisions of the SEZ Scheme in force and will abide by
local laws, rules, regulations or bye-laws in regards to area planning, sewerage disposal, pollution
control, labour laws and the like as may be locally applicable.
(viii)
The funds required for the project will be fully raised by the developer. The external borrowing, if
any, will be as per the guidelines of the Ministry of Finance, Department of Economic Affairs, North
Block, New Delhi.
(ix)
The approval is valid for a period of 3 year within which time effective steps shall be taken to
implement the project. The validity period may be extended by the Board of Approval on merits.
(x)
This approval is liable to be withdrawn on infringement of any of the terms and conditions stipulated
herein.
x)
The operation and maintenance of the facility will be made as per the standards specified in the
proposal and to the satisfaction of the users.
xi)
App.131
xii)
The user charges will be finalised in consultation with the Zone administration and the users. This
shall be subject to revision as per the agreed terms.
xiii)
The operation and maintenance of the facility shall be undertaken as per the proposal.
xiv)
The approval will be subject to cancellation in case of defective service or if the service is not up to
the minimum standard specified.
3.
Kindly convey your acceptance of all the terms and conditions indicated above within 30 days from
the date of issue of this letter.
4.
All future correspondence may be addressed to the Deputy Secretary/Director (EPZ/SEZ),
Department of Commerce, Udyog Bhavan, New Delhi-11.
5.
You are requested to send exact details of the area for issue of notification of the same and also
keep the Department of Commerce and Development Co mmissioner, ________ informed about the
progress made in the matter from time to time.
Yours faithfully,
Director
App.132
APPENDIX-14-II-Q
(FORMAT FOR LETTER OF PERMISSION FOR OPERATION AND MAINTENANCE OF
INFRASTRUCTURE FACILITIES IN SEZ )
No.
-EPZ
Government of India
Ministry of Commerce & Industry
Department of Commerce
(EPZ Section)
..
Dated the
To,
Subject :-
Sir,
The undersigned is directed to refer to your proposal for operation and maintenance of
infrastructure facilities in SEZ at __________ and to convey the approval of the Government of India to your
proposal, the details of which are noted below:(i)
(ii)
PROMOTER:-
(iii)
PROJECT DETAILS:-
2.
General conditions :-
(i)
The operation and maintenance of the facility will be made as per the standards specified in the
propos al and to the satisfaction of the users.
(ii)
It would be the responsibility of the developer to obtain required approval from various statutory
authorities under relevant statues and regulations of the Government of India and the State
Government.
(iii)
(iv)
The user charges will be finalised in consultation with the Zone administration and the users. This
shall be subject to revision as per the agreed terms.
(v)
(vi)
The operation and maintenance of the facility shall be undertaken as per the proposal.
The approval will be subject to cancellation in case of defective service or if the service is not up to
the minimum standard specified.
(vii)
The funds required for the project will be fully raised by the promoter. The external borrowing, if
any, will be as per the guidelines of the Ministry of Finance, Department of Economic Affairs, North
Block, New Delhi.
(viii)
The approval is valid for a period of 3 year within which time effective steps shall be taken to
implement the project. The validity period may be extended by the Board of Approval on merits.
(ix)
This approval is liable to be withdrawn on infringement of any of the terms and conditions stipulated
herein.
3.
Kindly convey your acceptance of all the terms and conditions indicated above within 30 days from
the date of issue of this letter.
4. All future correspondence may be addressed to the Deputy Secretary/Director (EPZ/SEZ), Department
of Commerce, Udyog Bhavan, New Delhi-11.
5. You are requested to send exact details of the area for issue of notification of the same and also keep
the Department of Commerce and Development Commissioner, ________ informed about the progress
made in the matter from time to time.
Yours faithfully,
Director
App.133
APPENDIX-14-II-R
(UNIT APPROVAL COMMITTEE)
TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, (PART I SECTION 1)
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
(DEPARTMENT OF COMMERCE)
th
each
Chairperson
Member.
The Development Commissioner may co-opt nominees of any Department, agency, and interested
group as special invitees as he deems fit.
Pow ers and functions of the Unit Approval Committee:
The powers and functions of the Unit Approval Committee shall be as under:
(a)
to consider applications for setting up of Units in Zone and grant or refuse approval;
(b)
to monitor the performance of the Units and take action against the Units wherever necessary
provided that while monitoring the performance of the unit, the Commissioner of the Customs or his
nominee shall be associated in the Committee;
to take appropriate action in case of violation of the conditions of the approval;
(c)
(d)
(e)
(f)
to supervise and monitor permission, clearances, licences granted to the Units and take
appropriate action in accordance with law;
to call for information required to monitor the performance of the Unit under the permission,
clearances, licenses granted to it;
to approve import/domestic procurement of goods & services for development, operation and
maintenance of the infrastructure in the Zone without payment of duty or tax for the activities
approved by Board of Approv al;
(g)
to perform any other function delegated by the Central Government or its agencies.
(h)
to perform any other function as may be delegated by the State Governments or its agencies.
(i)
to grant all approvals and clearances for the establishment and operation of Units in the Special
Economic Zone.
(j)
the Central Government and its agencies may delegate their powers to the Unit Approval Committee
under the relevant laws so as to enable the Committee,(a)
to prescribe common application form for any license, permission or registration under one or
more laws;
(b)
App.134
(c)
to notify an officer or agency, including accredited private agencies for carrying out inspections
under various laws;
(d)
to exempt the zone from one or more provisions of any Central Law;
(e)
to prescribe single return for reporting under two or more Central Laws .
(D.K. Mittal)
Joint Secretary
App.135
APPENDIX 15 A
APPLICATION
FOR
CERTIFICATION
OF
EXPORT
PERFORMANCE
OF
UNITS
IN
THE
PHARMACEUTICAL AND BIOTECHNOLOGY SECTORS BY THE REGIONAL OFFICES OF THE DGFT
AS PER CUSTOMS NOTIFICATION NO 21/2002 DATED 1.03.2002 AS AMENDED FROM TIME TO TIME
1.
2.
IEC Number
3.
Preceding
licensing
years physical
exports (in Rs
crores)
Entitlement @
25 % of the
FOB value of
physical
exports
Cumulative imports
already undertaken
under Customs
Not 21/2002 (in
Rs. crores)
Balance import
entitlement
(in Rs. crores)
(1)
(2)
(3)
(4)
(2) (3)
CIF Value of
Import to be
undertaken
under this
application (In
Rs. crores)
(5)
Balance
entitlement of
imports
(4) (5)
(6)
We/I hereby declare that the said goods are imported for use in pharmaceutical and biotechnology
sector and shall be used in the manufacture of commodities only.
b.
We/ I hereby undertake that the total value of goods imported during 2005-2006 under Customs
Notification No 21/2002 will not exceed 25% of the FOB value of exports in the financial year 20042005.
c.
We/I hereby undertake that the imported goods would be installed in the factory of the importer
within 6 months of the date of importation. These goods would not be transferred or sold for a
period of 7 years from the date of installation.
d.
e.
.
We/I hereby declare that the Research and Development wing of the unit which has undertaken
these imports is registered with the Department of Science and Industrial Research in the Ministry
of Science and Technology of the Government of India.
We/I hereby declare that the above statements are true and correct and nothing has been
concealed or held there from. We/I fully understand that any information furnished if proved
incorrect or false will render us/me liable for penal action and other consequences as may be
prescribed in the FTDR Act 1992, Foreign Trade Regulation Rules, 1993 and Orders framed
thereunder, and any other law in force.
App.136
This is to certify that the We/ I have verified the details furnished by the unit as at S.Nos 1 to 3 along with the
Declaration/ Undertaking given by the Proprietor/ Partner/ Director of the unit(s) and find them to be true and
correct.
Chartered Accountants
Name
CA Number
Address
This is to verify that the details supplied by the firm in the said Appendix have been verified by the Chartered
Accountant and are correct as per the records submitted by the Unit to this office. The certificate is issued
for allowing duty free import of listed equipment given in List 27A of the Customs Notification 10/2002 dtd
21.02.2002 for a value of Rs ............... words and figures .................... subject to conditions mentioned in
the aforesaid Customs Notification.
Date:
Place:
App.137
APPENDIX 15 B
APPLICATION FOR CERTIFICATION OF EXPORT PERFORMANCE OF UNITS IN AGRO CHEMICALS
SECTORS BY THE REGIONAL OFFICES OF THE DGFT AS PER CUSTOMS NOTIFICATION NO 21/2002
DATED 1.03.2002 AS AMENDED FROM TIME TO TIME
1. Name and Address of the Applicant
2. IEC Number
3. Details of exports and import entitlement
Preceding
licensing
years
physical
exports (in
Rs crores)
(1)
Entitlement
@ 1% of the
FOB value of
physical
exports
(2)
Cumulative
imports
already
undertaken
under
Customs Not
21/2002 (in
Rs. Crores)
(3)
Balance
import
entitlement
(in Rs.
crores)
(2) (3)
(4)
CIF Value of
Import to be
undertaken
under this
application (In
Rs. crores)
Balance
entitlement
of imports
(4) (5)
(5)
(6)
a. We/I hereby declare that the said goods are to be imported for Research and Development purpose only
b. We/ I hereby undertake that the total value of goods imported during 2005-2006 under Customs
Notification No 21/2002 will not exceed 1% of the FOB value of exports in the financial year 2004-2005.
c. We/I hereby undertake that the imported goods would be installed in the factory of the importer within 6
months of the date of importation. These goods would not be transferred or sold for a period of 7 years from
the date of installation.
d. We/I hereby declare that the imports by the unit are for Research and Development in the agro chemical
sectors.
e. We/I hereby declare that the Research and Development wing of the unit which has undertaken these
imports is registered with the Department of Scientific and Industrial Research in the Ministry of Science and
Technology of the Government of India.
f. We/I hereby declare that the above statements are true and correct and nothing has been concealed or
held therefrom. We/I fully understand that any information furnished if proved incorrect or false will render
us/me liable for penal action and other consequences as may be prescribed in the FTDR Act 1992, Foreign
Trade Regulation Rules, 1993 and Orders framed thereunder, and any other law in force
Name of the Proprietor/ Director (s)/ Partner
(s)
Signature of the Proprietor/Director(s)/
Partner(s)
Designation
Date:
Place:
App.138
This is to certify that the We/ I have verified the details furnished by the unit as at S.Nos 1 to 3 along with the
Declaration/ Undertaking given by the Proprietor/ Partner/ Director of the unit(s) and find them to be true and
correct.
Chartered Accountants
Name
CA Number
Address
This is to verify that the details supplied by the firm in the said Appendix have been verified by the Chartered
Accountant and are correct as per the records submitted by the Unit to this office. The certificate is issued
for allowing duty free import of listed equipment given in List 28-A of the Customs Notification 21/2002 dtd
01.03.2002 for a value of Rs ............... words and figures .................... subject to conditions mentioned in
the aforesaid Customs Notification.
Date:
Place:
Foreign Trade Development Officer
Office of the Joint Director General of Foreign Trade, ..........
App.139
APPENDIX 16
GUIDELINES FOR SETTLEMENT OF TRADE DISPUTES AND COMPLAINTS
Exporters should project a good image of the Country abroad to promote exports. With this objective in
mind, an enduring relationship with foreign buyers is of the utmost importance, and trade disputes,
whenever they arise, should be settled as soon as possible.
The majority of complaints from foreign buyers are with regard to quality. Other complaints are usually for
unethical commercial dealings on the part of Indian exporters and can be categorised as non-supply of
goods after confirmation of the orders, non-payment of agreed commission, non-adherence to the delivery
schedule etc. The work relating to dealing such complaints of foreign buyers has been centralised with the
'Nodal Officer' and its assisting Cell viz., the Trade Disputes Cell in the office of the Director General of
Foreign Trades, Ministry of Commerce, Udyog Bhawan, New Delhi.
ACTION AGAINST ERRING EXPORTERS
A.
Enforcement action in the office of Director General of Foreign Trade against erring exporters can
be taken under the existing Rules & Regulations depending on the offence as follows:Non-payment of commission, supply of sub-standard goods, non-adherence of delivery schedules,
indulgence in unethical commercial dealings, amount to breach of contract for which action can be
taken under clause 7 of the Export (Control) Order, by which the Central Government or Director
General of Foreign Trade or an authorised officer may debar an exporter from exporting any goods
if he commits a willful breach of contract. This applies to the cases pertaining to a period prior to
19-6-1992. However, cases pertaining to a period on or after, 19.6.1992 enforcement action is
taken in terms to Foreign Trade (Development & Regulation) Act, 1992 and Rules framed
thereunder namely:
(i)
Section 8 empowers the Director General of Foreign Trade to suspend or cancel the Importer/
Exporter Code Number which is a prerequisite for any export or import, where the Director General
of Foreign Trade has inter -alia reason to believe (a) that the exporter has committed an economic
offence as specified by the Government or (b) that any person has made an export/import in a
manner gravely prejudicial to the trade relations of India with any foreign country or to the interests
of other persons engaged in imports or exports or has brought disrepute to the credit or the goods
of the country.
(ii)
Section 9(4) empowers the Director General of Foreign Trade or the officer authorised by him to
grant licence, to suspend or cancel any licence granted under the Act. Rule 10 of the Foreign
Trade (Regulation) Rules, 1993 lays down the conditions for such cancellation under Section 9(4)
of the said Act. This includes cases where the licence has been obtained by fraud, suppression of
facts or misrepresentation and where the licensee has contravened any law relating to Custom or
Foreign Exchange or the Rules & Regulations relating thereto.
(iii)
Section 11(2) of the Act provides for imposition of fiscal penalty in cases where a person makes or
abets or attempts to make any import or export in contravention of any provisions of the Act, any
Rules or Orders made thereunder or the Export-Import Policy. Rule 11 of the Foreign Trade
(Regulation) Rules 1993 requires an exporter to state in the shipping bills or any other documents
prescribed under the Customs Act, 1962, the value, quality and description of export goods to the
best of his knowledge and belief and to certify that the quality and specification of the goods are in
accordance with the terms of the export contract and has also to subscribe a declaration at the foot
of such a document that the statements made by him are true.
(iv)
Paragraph 14.6 of the Export-Import Policy AM 1997-2002 empowers the Director General of
Foreign Trade to take action against an exporter, if it comes to his notice or he has reason to
believe, has made an export in a manner gravely prejudicial to (1) trade relations of India with any
foreign country; (2) to the interests of other persons engaged in exports or imports and (3) has
brought disrepute to the credit or the goods of the country.
(v)
The Director General of Foreign Trade has powers under para 13.9 of chapter 13 of the Hand Book
of Procedures A.M. 1997-2002 formulated in exercise of powers conferred under Section 5 of the
Foreign Trade (Development & Regulation) Act, 1992, to direct any Registering Authority to register
or deregister an exporter or otherwise issue such directions to them consistent with and in order to
implement the provisions of the Act, the Rules & Orders made thereunder, the Policy or the Hand
App.140
Book. Besides , the Registering Authorities viz. Export Promotion Councils, Commodity Boards etc.
may also take appropriate necessary action and view on the application furnished by the exporters
for registration if, prima-facie, there are reasons to believe that he has indulged in any form of
unfair, corrupt or fraudulent practice.
Adequate Opportunity is to be provided to the exporter to explain his stand before resorting to
penal action by way of issuance of Show Cause Notice, personal hearing etc., as per rules.
B.
Certain export products have been notified for Compulsory Quality Control & Pre-shipment
Inspection prior to their export. Penal action can be taken under the Export (Quality Control &
Inspection) Act, 1963 as amended in 1984, against exporters who do not conform to the standards
and or provisions of Act as laid down for such products.
COMPLAINTS
Besides Foreign Trade (Development & Regulation) Act and Export (Quality Control & Inspection) Act and
Export ( Quality Control & Inspection) Act, there are other laws such as Indian Coffee Act, Tea Act, Coir
Industry Act, Dangerous Drugs Act.Customs Act. etc. to ensure that only Quality products are exported.
Inspite of these provisions, there are complaints from foreign buyers. It has, therefore, been decided by the
Ministry of Commerce that in order to develop our export on a sustained and enduring basis and at the same
time improve the image of our exports in international market, it is essential that such complaints are
checked, sorted out and resolved quickly and amicably before taking recourse to penal action. At the same
time ways and means should be found to reduce complaints/disputes to the minimum.
ORGANISATIONS RECEIVING COMPLAINTS
Information regarding
departments, such as:
trade
complaints
and
disputes
are
being
received
by
various
organizations/
App.141
expected to function as the nodal point for all matters relating to international trade relations with respect to
their territory.
MECHANISM FOR RESOLVING DISPUTES
Complaints received by the 'Nodal Officer' in the office of Director General of Foreign Trade, Ministry of
Commerce, Udyog Bhavan, New Delhi would be initially scrutinised and examined in the Trade Disputes
Cell of this office specially created for the purpose and to assist the 'Nodal Officer' to discharge this function.
Complaints would be broadly categorised into the following three categories:(i)
(ii)
(iii)
Quality complaints;
Complaints other than quality complaints against registered exporters; and
Complaints other than those at (I) & (ii) above.
For complaints involving quality as well as other commercial considerations i.e. mixed complaints, the factor
chiefly responsible for the complaint would form the basis for determining the authority to whom the
complaint is to be referred for investigation and disposal.
QUALITY COMPLAINTS
I.
The 'Regional Committees' will examine, consider and decide quality complaints in accordance with
the guidelines for the purpose,
II.
The 'Nodal Officer' or the Trade Disputes Cell in the office of Director General of Foreign Trade
New Delhi will forward one copy of the complaint received to the 'Regional Committee' on Quality
Complaints for speedy investigation, settlement and report and endorse a copy of this letter to the
concerned Territorial Division in the Ministry of Commerce.
III.
The 'Regional Committees' will investigate and make all possible efforts to settle the dispute
amicable within three months from the date of receipt of complaint. Where required, the 'Regional
Committee' may take the assistance of the Export Promotion Councils/Commodity Boards for
settlement of the trade disputes.
IV.
If the disputes are settled to the satisfaction of foreign buyers through conciliations and/or if the
'Regional Committee' after considering the facts of the case, decides that there is no fault on the
part of the Indian Exporter/Manufacturer and/or that the complaint is not genuine, the case will be
treated as closed. A report will be sent to the 'Nodal Officer' or the Trade disputes Cell, office of
Director General of Foreign Trade with a copy to the Concerned Territorial Division in Ministry of
Commerce.
V.
In cases where the 'Regional Committee' fails, to settle a dispute amicable and conciliation does
not take place and the matter does not go for arbitration etc. in terms of contract and the 'Regional
Committee' find that the fault lies with the Indian Exporters or that they are not cooperating, such
cases will be transferred to the 'Nodal Officer' or the Trade Disputes Cell with a copy to the
Territorial Division in Ministry of Commerce along with their recommendation/report for further
App.142
necessary action as per policy including in appropriate cases, legal action. Deliberate malpractices
on the part of the exporter shall be dealt with under the penal and adjudication provisions of the
Export (Quality Control & Inspection) Act, 1963 as amended in 1984, erstwhile Import and Export
(Control) Act, Export (Control) Act, 1992 and such other laws as may be found appropriate.
VI.
The 'Nodal Officer' will consider such cases reported by the 'Regional Committees' and after
examination, initiate appropriate penal action to de-register/debar the exporter and/or take such
action as per law as considered necessary, including, in appropriate cases, legal action depending
upon the gravity of the offence.
VII.
These Committees will submit monthly reports to the 'Nodal Officer' who will monitor the progress
of action taken for settlement of complaints and disputes.
VIII.
As mere settlement of the complaints and dispute would not be enough, the quality complaints and
disputes would also be examined by the Export Inspection Agency (Which is under the
administrative and technical control of the Export Inspection Council of India, Ministry of
Commerce) as a Member-Secretary of the 'Regional Committee" from technical point of view, to
assess whether there had been any technical failure for which a complaint had been received.
Such technical failure may be with regard to technical deficiency of not meeting the standard,
manufacturing/design defects, etc . To eliminate such failures and avoid such complaints in future
proper technical advice may be extended by the Export Inspection Agency to the manufacturers.
This authority will also examine the aspect whether the incidence of complaints have increased by
way of circumvention of the law and/or change of procedures and suggest remedial measures. This
would enable stricter enforcement of the statutes to upgrade the quality and thereby image of
country's export. A report in this regard would be sent to the 'Nodal Officer' in the office of the
Director General of Foreign Trade and also to the concerned Division of Ministry of Commerce.
IX.
The 'Regional Committee' will also send a consolidated quarterly report in respect of all cases
referred to it with details of action taken to the Trade Disputes Cell in the office of Director General
of Foreign Trade.
The 'Nodal Officer' will arrange to forward one copy of the complaint received from the Trade
Disputes Cell in the office of Director General of Foreign Trade in the prescribed format or
otherwise to the respective Registering Authority viz. Export Promotion Council/Commodity Board
etc. as the case may be for investigation, settlement and report endorsing a copy of the letter to
the concerned Territorial Division in the Ministry of Commerce for information.
(ii)
The Export Promotion Council/Commodity Board (Registering Authority) would arrange to get
these considered and examined through a 'complaint Panel/Committee' specially constituted for
this purpose.
(iii)
The 'Complaint Panel/Committee' would investigate and make efforts to settle the complaint
amicable within three months from the date of receipt of the complaint from the office of the 'Nodal
Officer' viz. Trade Disputes Cell.
(iv)
The Council/Board will submit monthly reports to the 'Nodal Officer' who will monitor the progress
of action taken for settlement of the dispute.
(v)
If the disputes are settled to the satisfaction of the foreign buyer through conciliation, and/or of the
Complaint Panel/Committee, after considering the facts of the case, decide that the Indian
Exporter/Manufacturer is not to be blamed and/or that the complaint is not genuine, the case will
be closed and a report sent to the 'Nodal Officer' with a copy to the concerned Territorial Division
in the Ministry of Commerce.
(vi)
In cases when the 'Complaint Panel/Committee' fails to resolve a dispute amicably and conciliation
does not take place and the Panel/committee feels that the fault lies with the Indian Exporter who
is not cooperating, on its recommendation, Councils/Commodity Boards will take action to deregister such exporter after issue of show cause notice and a hearing. The 'Nodal Officer' will be
informed of the action taken and also of further action if warranted in the case.
(vii)
If the dispute is covered by an arbitration clause in the export contract or where the firms
concerned agree to arbitration and a large financial stake is involved, the same will be transferred
to the "Indian Council of Arbitration" for consideration who will send a report to the 'Nodal Officer'
with a copy to the Territorial Division in the Ministry of Commerce.
App.143
(viii)
In cases where there is no arbitration clause or firms do not want arbitration and the sum involved
is not significant and even on the recommendation of the Complaint Panel/Committee of/export
promotion council/Commodity board, it has not been possible to resolve the mater or to take any
action against the erring exporter, such cases will be reported to the 'Nodal Officer' for taking
further necessary action as recommended by the "Complaint Panel/Committee etc.
(ix)
The 'Nodal Officer' will consider such cases reported by the 'Complaint Panel/Committees' and
after due examination and investigation and after exhausting reconciliation efforts take action to
de-register/debar the defaulting exporters by issue of show cause notice/hearing etc. and/or take
such action as necessary, as per rules & regulation in force including in appropriate cases legal
action, depending upon the gravity of offence.
(x)
The Export Promotion Council /Commodity Boards will send a consolidated quarterly report in
respect of all cases referred to them with details of action taken to the Trade Disputes Cell in the
office of Director General of Foreign Trade.
OTHER COMPLAINTS
(i)
The 'Nodal Officer' will have these cases examined and dealt with in the trade disputes cell in the
office of Director General of Foreign Trade. Initially efforts will be made to arrange for settlement of
the complaint amicably, failing which action will be taken against the erring firms in terms of the
Foreign Trade (Development & Regulation) Act. In cases where it is felt that action has to be taken
by any other authority in Government of India, such cases will be referred to respective competent
authority for suitable action as per the gravity of the offences.
(ii)
The 'Nodal Officer' will send a report of action taken in such cases against the exporters to the
concerned Territorial Division in the Ministry of Commerce. Efforts will be made to concretise action
in such cases within three months of the receipt of the complaint.
(iii)
These complaints shall be analysed to ascertain their cause and evolve remedial measures by way
of reference to the concerned authority to avoid recurrence of such complaints in future.
The Secretariat of the 'Nodal Officer' viz the Trade Disputes Cell in the office of the Director General of
Foreign Trade shall also maintain a data base of importers lodging complaints against Indian exporters, as
well as, data base of such exporters against whom complaints have been received. It shall also identify
commodities for which the incidence of quality complaints are frequent and will interact with the concerned
Commodity Division in the Ministry of Commerce for evolving measures to arrest their incidence.
While the respective Territorial Division in the Ministry of Commerce will be the repository of all complaints
received in respect of their territory and for coordination work relating thereto as the nodal point for all
matters relating to international trade of their territory, it shall be the 'Nodal Officer' in the office of Director
General of Foreign Trade, Udyog Bhavan, New Delhi who would be following up on these complaints for
their redressal and remedial measures.
The complaints of Indian exporters/importers against their importers/exporters abroad received in the office
of the 'Nodal Officer' in the office of Director General of Foreign Trade will be referred to the concerned
Missions abroad for arranging for their amicable settlement. The Missions shall keep the 'Nodal Officer'
informed of the action taken on such reference with an endorsement directly to such complainants and
respective EPCs/CBs for any follow -up action such as publication of the names of such defaulting
Importers/Exporters in their journal by way of information/warning to all concerned Exporter and Importer
firms. A data base of such cases shall also be maintained in the Trade Disputes Cell in the office of Director
General of Foreign Trade, Udyog Bhavan, New Delhi.
App.144
ANNEXURE-I
PROFORMA FOR INVESTIGATION OF QUALITY COMPLAINTS
(To be filled in by the complainants)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Complaint lodged by
(Name & full Address)
Against whom
(Name & full Address)
Whether the supplier is a merchant exporter or a manufacturer exporter
Particulars of complaint
(Attach separate sheets if required)
Total quantity & value of consignment
(Please furnish copy of shipping invoices)
Quantity & amount of claim, if any
Particulars of contract/L.C. if any giving details of technical requirements stipulated (copy may be
furnished)
Whether any sample was approved?
(Give particulars)
Whether any agency was nominated for inspection prior to shipment.
Date of arrival of goods at the destination port.
Condition of the goods at destination port.
Bill of Lading/Airways Bill No.(Copy may please be furnished)
Whether consignment was in sealed condition? If so, give particulars of seal used.
Whether exporter forwarded copy of inspection certificate(Please furnis h copy)
A) Whether any independent survey of the goods was done(Please furnish copy of every report)
b) Whether survey was carried out with or without the consent of supplier?
Whether quality defects were also covered by insurance(for perishable goods)
Whether imports were effected from this supplier/exporter in the past?
Any complaints on past supplies & its mode of settlement.
Whether further orders have been placed with this supplier/exporter subsequently?
Any other information that may be of assistance in investigation of this complaint.
The foregoing information/particulars are true to the best of our knowledge and belief.
Place
Date
Signature
(Name in Capital Letters)
Designation
App.145
ANNEXURE-II
PROFORMA FOR INVESTIGATION OF COMPLAINTS
(Other than Quality complaints)
FOR USE OF COMPLAINTS
1.
2.
3.
4.
(a)
(b)
(c)
5.
6.
7.
8.
The forgoing information/particulars are true to the best of out knowledge and belief.
Place
Date
Signature
Name
Designation
Seal with addr ess & name of firm
App.146
APPENDIX 17
Sl.
No.
Ministry/
Department
Tel.No/Fax/E-Mail.
1.
Ministry of Agriculture
23382226
2.
A.V.Chaturvedi, Director
Department of Civil Aviation
R.No. 170,`B' Block,
Rajiv Gandhi Bhavan,
Safdarjung Airport,
New Delhi
24610366 24603362(F)
3.
Ministry of Environment
and Forests
N.V.Reddy, Dy.Sec(PC)
4th Floor,CGO Complex,
Lodhi Road, New Delhi
24362131
4.
Ministry of External
Affairs
23012113 3793395(F)
[email protected]
5.
Ministry of Food
Processing Industries
A.N.P.Sinha, JS
Processing
R.No. 208,
Panchsheel Bhavan,
Khel Gaon Marg,
New Delhi
26492475
26497641(F)
6.
Ministry of Finance
23015292
7.
Ashok Kr.Gupta, JS
R.No. 153-A, Nirman Bhavan,
New Delhi
23016730
Mrs.Anjuly.Chib.Duggal,
Joint Secretary, (Films),
R.No. 551-A, Shastri Bhavan,
New Delhi
23384453
23387823 (F)
9.
Ministry of Railways
Prakash,
Dir. Traffic Trans.(F)
Railway Board, R.No. 261,
nd
2 floor, Rail Bhavan,
New Delhi
23383506
10.
Ministry of Steel
Sudhir Rajpal, DS
R.No.118, Udyog Bhavan,
New Delhi
23014981
23013236(F)
11.
Department of Animal
Husbandry
24365637
24365258(F)
12.
Department of Electronics
S.Lakshminarayan, JS
R.No. 1028,
Electronics Niketan,
24363078
App.147
Department of Industrial
Policy and Promotion
I. Srinivas, Director
R.No.256A, Udyog Bhavan,
New Delhi
23013696
14.
Department of Posts
P.K.Chatterjee,
Dy. Dir. General
(International Relations)
R.No. 331, Dak Bhavan,
New Delhi
23716291
23714893 (F)
15.
Department of Small
Scale and Rural
Industries
Shankar Agarwal,
Joint Secretary
R.No. 122-B, Udyog Bhavan,
New Delhi
23016332
16.
Directorate General of
Foreign Trade
23016466
[email protected]
App.148
APPENDIX 18 A
FORMAT OF BANK CERTIFICATE FOR ISSUE OF IEC
(To be issued on the official letter head of the Bank)
______________________________________________________________________________
Ref No. ...........................
To
..........................................
..........................................
..........................................
(Name and address of the licensing authority)
Sir/ Madam,
.........................................
(Signature of the Banker)
Name ...............................
Designation
(Official
Stamp)
Date: ...................
Place: ...................
App.149
APPENDIX 18 B
FORMAT OF IMPORTER - EXPORTER CODE NUMBER
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
O/O JT./DY.DIRECTOR GENERAL OF FOREIGN TRADE
--------------------------------------------------------------(Full Address)
CERTIFICATE OF IMPORTER - EXPORTER CODE (IEC) NUMBER
---------------------------------------------------1. Name
...............................
2. Address
...............................
...............................
...............................
PIN [][][][][][]
................................
Division/Units/factories,
................................
if any.
................................
...............................
PIN [][][][][][]
4. IEC Number
5. Date of issue
6. PAN Number
...............................
...............................
...............................
(Signature of the Issuing Authority)
Name
...............................
Designation
...............................
(Official Stamp)
Place .................
Date .................
(Issued from File No. ............................ )
Note:
In case of any change in the name/address or constitution of IEC holder as per para 9.1 of
Handbook, the IEC holder shall cease to be eligible to import or export against the IEC number
after expiry of 90 days from the date of such change unless in the meantime, the consequential
changes are effected in the IEC by the concerned licensing authority. The IEC holder shall also
furnish the mandatory return as prescribed in paragraph 2.9.5 of the Handbook by the prescribed
date.
App.150
APPENDIX 18 C
Sr.No.
[1]
Note:
Name
Address
IEC No.
Date of
Allotment
[2]
[3]
[4]
[5]
The periodicity of the submission of the above information by the IEC issuing authorities shall be on
monthly basis and the information shall be submitted to the concerned office of RBI by the end of
the week succeeding the fortnight.
App.151
APPENDIX 18 D
List Of Regional Licensing Authorities Of DGFT And The Corresponding Office of Reserve Bank Of India,
Exchange Control Department
Sr.No
(1)
(2)
(3)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
App.152
Pune
14
15
16
17
18
19
20
21
22
23
24
25
26
App.153
27
28
29
30
31
32
33
34
35
36
37
38
40
App.154
APPENDIX 19 A
To,
The _______________________________
_______________________________
_______________________________
(Name and Address of the Council)
Dear Sir,
Kindly register us as Merchant/Manufacturer exporter of the export product(s) mentioned below.
1. Name of the applicant
2.
(i)
(ii)
: ______________________________
Address
of
the
applicant.
(Registered Office in case of limited
companies, and the head
office
for others)
_____________________________________
_____________________________________
__________
_____________________________________
_____________________________________
__________
3.
(iii)
(i)
IEC number
Date of issue
Issuing authority
_____________________________________
____________________
_____________________________________
_____________________________________
__________
(ii)
Date of establishment
_____________________________________
_____________________________________
__________
No. ________________________
Date _______________________
Others (specify)
5.
EH/TH/STH/SSTH/SHE/ISEH/ISSEH/ISSEH
certificate number
6.
(a)
Name
____________________________
(b)
Father's Name
____________________________
____________________________
____________________________
____________________________
App.155
7.
8.
(2)
(a)
(b)
(c)
(d)
_____________________
_____________________
_____________________
_____________________
(3)
(a)
(b)
(c)
(d)
_______________________
________________________
________________________
________________________
(4)
(a)
(b)
(c)
(d)
_____________________
_____________________
_____________________
_____________________
(4)
(a)
(b)
(c)
(d)
________________________
________________________
________________________
________________________
(a)
____________________________
(b)
I/We hereby solemnly declare that the above stated information is true and correct. I/We undertake,
without any reservation, to:
(a)
abide by the terms of the registration certificate granted to us on all our exports;
(b)
(c)
(d)
Furnish without fail monthly returns of exports including NIL returns to the Registering
authority by 15th day of the months following the quarter.
by the
Registering
9.
We further understand that our registration is liable to be canceled in the event of breach of any of
the undertakings mentioned above.
10.
We/ I solemnly declare that we have applied to the Export Promotion Council which pertains to our
main line of business. In case we have applied to any other council, the application has been made
within the purview of the provisions of para 3.12 and 3.12.1 of the Handbook of Procedures (Vol 1).
Yours faithfully,
(Signature)
Name
Address
Designation
Tele No:
Fax No:
E.Mail Address:
Residential address:
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
___________________________.
Place _______________
Date _______________
---------------------------------------------------------------------Documents to be enclosed with the application form:
---------------------------------------------------------------------1.
A self certified copy of the IEC Number issued by the licensing authority
concerned.
2.
App.156
APPENDIX 19 B
IEC Number
3.
Date of establishment
5.
6.
Registration Number
7.
Registered as
8.
M/s______________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
a) Manufacturer exporter
b) Merchant exporter
c) Merchant cum manufacturer
exporter________________________
_________________________________
_________________________________
This certificate is issued as per the details of our records and is subject to the conditions laid down in the
relevant scheme of registration of this council.
_________________
Designation _________________
Seal
Valid/renewed upto _______________ Date of issue _________________
App.157
________________
APPENDIX 19 C
PROFORMA FOR FURNISHING OF QUARTERLY EXPORT RETURNS
1.
..
2.
IEC number
..
3.
Details of exports:
Period
Item(s)
Quantity, if
applicable
Country(s) of
export
Value of export
during the period
Cumulative exports
(1.4.2005 onwards)
[1]
[2]
[3]
(item wise)
[4]
( in Rs.)
[5]
(in Rs.)
[6]
DECLARATION
I/We hereby declare that the above statements are true and correct to the best of my/our knowledge and
belief.
Signature
Name
Official Address
Seal/Stamp
App.158
APPENDIX 20 A
:.............................
Photograph
duly
attested by
Proprietor/
Par tner/
Director
:.............................
:.............................
ii)
iii)
I further undertake that the document(s) /Licence(s) may be handed over to the Identity Card holder
at the sole risk and responsibility of the firm.
card
is to be issued is the
Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of
Appendix-29.
2.
Two passport size photographs of the person in whose favour identity card is to be issued.
App.159
APPENDIX 20 B
FORMAT OF IDENTITY CARD
(To be filled by the licensing authority)
Non Official
Photograph
1.
: ...............................................................
2.
Designation
: ...............................................................
3.
: ...............................................................
4.
Period of validity
: ...............................................................
Signature ______________________
Name and address of issuing authority
________________________
________________________
Date of issue ________________
App.160
APPENDIX 21 A
Name,
designation
and
address of
the person
on whose
behalf
money is
paid
Full
particulars
of the
remittance
and of
authority
(if any)
Amount
Rs.
Name
Head of account
To be filled in by the
department officer of the bank
Accounts
Order to be
officer
by Bank*
whom
adjustable
P.
1453 foreign
trade export
promotion
minor head
102 import
licence
application fee
Pay and
Accounts
officer
..........
(Name of
station)
Signature
* (in words) Rupees
Cashier
Date, correct
receipt and
grant receipt
(signature and
full description
of the officer
ordering the
money to be
paid in)
Date
Bank officer
NOTE:1.
2.
PARTICULARS
AMOUNT
Coins
Rs.
App.161
P.
APPENDIX 21 B
1. EVIDENCE OF
PAYMENT OF
FEE
2. Scale of
Application
Fee
Two copies of the Bank Receipt in original in the form as given in Appendix 21A
from the authorised branches of Central Bank of India indicating the deposit or a
Bank Draft from any bank or through running deposit account with the concerned
RLA in accordance with the fee prescribed below:S.No
PARTICULARS
AMOUNT OF FEE
(in Rupees)
1.
2.
3.
Two Hundred
4.
Two Hundred
5.
One Thousand
6.
Two Hundred
7.
Two Hundred
8.
Application for
Identity Card.
One Hundred
9.
10.
Deleted
11.
12.
issue
of
(except
the CIF
in the
Rupees
duplicate
App.162
Two Hundred
Two Hundred
13.
Five Thousand
3. MODE OF
DEPOSIT
(1)
(2)
Crossed Demand Draft on a Scheduled Bank for the requisite amount should
be made in favour of the concerned licensing authority (Joint Director General
of Foreign Trade) where the application is filed.
OR
Through running deposit account maintained with concerned RLA in the
following manner:-
(3)
The applicants may deposit the anticipated amount as per their needs for six
months with the concerned Regional Licensing Authority through cheque/DD in
the name of concerned Pay & Accounts Officer (Commerce). Initially, this
amount will be credited into public accounts under Major Head 8443-Civil
Deposits, 114-Export Trade Deposits adjustable against Licence Application
Fees. The licensing authority at the time of admitting the application fee will
carry out an adjustment in Broad Sheet of Export Trade Deposits and debit
the value of application fee from the Head Export Trade Deposits by contra
credit to Revenue Head Head-1453-Foreign Trade & Export Promotion, 103Export Licensing Application Fees. The licensing Authority may furnish the
details of all such transactions (like the amount transferred from Public
Accounts to Revenue Account etc.) to the Pay and Accounts Officer concerned
w ho may carry out adjustment entry in the monthly compilation of accounts. A
copy of the transactions may also be forwarded to the concerned firm for the
purpose of reconciliation.
The firms who want to resort to this mode of payment should be established
and regular applicants having at least 25 applications/ transactions during the
last licensing year. The minimum deposit under the scheme will not be less
than Rs.1, 00,000/-. All subsequent payment in replenishment of the deposit
w ill be made through Pay order in favour of the concerned office of CPAO. No
licence application will be entertained/ considered so long as the firms have a
deposit balance in their account. All the charges in connection with the
depositor
transaction
with
DGFT
including
undercharges
detected
subsequently in course of audit will be debited from the Depositor amounts.
Likewise, any excess payment or wrong payment of fee will be refunded as per
the procedure mentioned in this appendix.
Note:
4.
EXEMPTION
FROM PAYMENT
OF FEES
5.
WHERE BANK
RECEIPT IS
Lost
The applicant should file an affidavit on a Stamp Paper to the effect that
one copy/ both copies of Bank Receipt, in question, have been lost or
misplaced and have not been utilised in any other manner. Further, the
applicant should also certify that if the said copy/ or both the copies of Bank
Receipt are found subsequently they shall be returned to the licensing
authority concerned and shall not be utilised in any other manner. The
particulars of the Bank Receipt i.e. licensing period, the amount remitted,
the date of payment etc. should also be stated in the affidavit. In addition
the applicant shall produce a certificate from the bank or the Pay and
Accounts Office to the effect that the amount was deposited.
App.163
REFUND OF
APPLICATION
FEES
(1)
The fee once received will not be refunded except in the following
circumstances, namely:(a)
(2)
(3)
(ii)
(iii)
(iv)
(4)
(5)
(6)
In cases, where the applicant has lost the original Bank Receipt the
licensing authority may accept a certificate from the Bank or Pay
and Accounts Officer (Imports & Exports) in support of the fact that
the amount was deposited. In such cases, where the original
receipt is not available the applicant will be required to file an
affidavit containing same particulars as mentioned above.
(7)
Refund Order of fees will be valid for three months from the date of
issue. Request for revalidating the same may be considered on
merits by the authority which issued the Refund Order.
App.164
APPENDIX 21 C
PROCEDURE OF ELECTRONIC FUND TRANSFER
(Procedure for deposit/refund of Import Application fees through Electronic Fund Transfer for notified
schemes through designated banks)
1. Applicability
to Schemes &
banks.
2. Mode of filing
3. Scale of
Application
fee.
This procedure will be applicable for deposit of application fees in the case of Advance
license and EPCG to begin with. Other schemes may be added in due course.
Exporters may pay through designated banks on website. At present the State Bank of
India, ICICI and HDFC banks have been designated to accept funds by way of
Electronic Fund Transfer (EFT). The banks and schemes where payment can be made
through Electronic Fund Transfer (EFT) under this regime shall be further notified from
time to time.
Application shall have to be filed electronically where net banking payments facility is
being used, i.e. application particulars shall have to be submitted on the DGFT web site
with digital signature.
PARTICULARS
1. Application for import license (except
for DEPB and EPCG) where CIF value
of goods specified in the application
does not exceed Fifty thousand.
2. Application for import license where
CIF value of goods specified in the
application exceeds Rupees Fifty
Thousand.
3. Application for import license filed by
SSI units where the CIF value of goods
specified in application does not exceed
Rupees Two lakhs.
4. Application for Duty Entitlement
Passbook (DEPB) and other duty credit
schemes.
5. Application for grant of duplicate
license including Duty Entitlement Pass
Book and other duty credit schemes.
6. Application for issue of certificate of
Importer/Exporter Code Number (IEC)
7. Application for duplicate copy of IEC
No.
8. Application for issue of an Identity
Card.
9. Application for issue of duplicate
Identity Card.
10. Application for revalidation of an
import license.
11. Application for Export Promotion
Capital Goods (EPCG).
One thousand.
Two hundred.
Two hundred.
One hundred.
Two hundred.
4. Mode of
Deposit
For electronic filling of application exporter/importer needs to access the website of the
DGFT. An e-com number is generated. The DGFT website on completion of details would
prompt if e-payment is to be made.
If the exporter wants to move to Electronic Fund Transfer (EFT) for application fees he
should be aware that he cannot change his licensing office. If EFT prompt is accepted, the
w ebsite will transfer the exporter to the particular designated bank chosen for submission
of application fees. The exporter would need to have an account with the bank, an ID and
password from the bank. On successful validation of his ID, Password and request for
submission of the fees the exporter`s account gets debited. The bank will generate a
Payment ID and amount shall thereafter stand reflected in conjunction with e-com
number, name of party in the sever of DGFT. A successful message by the bank shall
App.165
number, name of party in the sever of DGFT. A successful message by the bank shall
show on the exporters account. The payment shall thereafter stand completed with regard
to the concerned e-com number.
5. Exemption
from Payment
of fee.
6. Refund of
Application
fee
In case the exporter needs to add further payments against the particular e-com number
he may do so within the same day i.e. upto 24.00 hrs. For each additional payment the
bank shall generate a unique payment ID. Against one e-com number only one bank shall
be required to make all payments.
No fee shall be payable in respect of any application made by such class or category of
applicant as specified in the Foreign Trade (Regulation) Rules, 1933.
1. The fee once received will not be refunded except in the following circumstances viz.,
a) Where the fee has been deposited in excess of the specified amount of fee; or
b) Where fee has been deposited but no application has been made; or
c) Where the fee has been deposited in error but the applicant is exempt from payment of
fee.
2. Processing of refund of fee submitted through net banking shall be through an
application in hard copy as per form given in Appendix 6-B. This may be submitted to the
licensing authority against whom the e-com number has been generated.
3. On receipt of application the licensing authority shall pass refund after they have
verified from the Pay and Accounts Office, Ministry of Commerce & Industry, New Delhi
that the amount was credited to the Government of India.
4. No claim for refund of application fee shall be entertained by the licensing authority
after expiry of one year from the date of payment to the concerned bank. However, on
merits, for reasons to be recorded in writing, the licensing authority may condone the
delay but in no case shall an application for refund of fees be entertained after the expiry
of three years with regard to the date as mentioned above.
5. Refund Order of fees will be valid for three months from the date of issue. Request for
revalidating the same may be considered on merits by the authority which issued the
Refund Order.
7.Contact
Persons
For further clarifications at DGFT end please contact Shri A.K. Singh, Joint DGFT,
Directorate General Foreign Trade, Udyog Bhawan, New Delhi. Phone No. 23016232
For banking clarifications nodal officers of :ICICI bank are :i) Shri Rajib Ranjan, Phone No. 91 11 2430 8416,
E-mail :- [email protected] and
ii) Satish Mohan, Phone No. 91 11 2430 8408,
E-mail:- [email protected]
HDFC Bank are :i) Shri Pankaj Gaikwad, Phone No. 022 28524900 ( Ext. 1840 )
E-Mail :- [email protected] ,
ii) Shri Sameer Gawande, Phone No. 022-28524900 ( Ext 1530 ) &
iii) Shri Rakesh Watal, Phone No.022-28524900 (Ext 1509 ),
E-mail :- [email protected]
State Bank of India are:i) Shri S.K. Gupta, Asst. Genl. Manager(Business Control) Phone No.022-22022487
E-Mail:- [email protected]
ii) Shri K.M. Trivedi (AGM-DO Planning) Phone No.022-22868210
E-Mail:- [email protected]
App.166
APPENDIX 22 A
No.
Date
[1]
[2]
Export promotion
copy of Shipping
Bill duly
authenticated by
the Customs
No.
Date
[3]
[4]
Description of
goods as given
in the customs
authenticated
Shipping Bill
[5]
Freight
amount
as per
Bill of
lading/
Freight
memo
Insurance
amount as
per
insurance
Company's
bill/ Receipt
Commissio
n/
Discount
paid/
payable
Whether the
export is in
freely
convertible
currency or in
Indian Rupees
[10]
[11]
[12]
[13]
Destination of
goods
No.
Date
Country name
[6]
[7]
[8]
FOB value/
FOB value
actually
realised in
free
Foreign
Exchange/
Rupees
[14]
Bill amount
CIF/C&F/FOB
(In foreign
exchange
[9]
Date of
realisation
of export
proceeds
GRI/PP/
SDF form
No.
[15]
[16]
[17]
We further declare that the aforesaid particulars are correct. (Copies of invoices relevant to these exports
and Customs attested EP, Copy of relevant Shipping Bill is attached for verification by the bank).
Place:
Date:
Official
Seal/stamp
: ...........................................
: ...........................................
: ...........................................
: ...........................................
: ...........................................
: ...........................................
Designation
Full official address
Full Residential address
App.167
BANK's CERTIFICATE
Authorised Foreign Exchange Dealer
Code No. allotted to the Bank by RBI ______________________________
Ref.No. ___________________________
Date _____________________________
Place ____________________________
1.
This is to certify that we have verified the relevant Export Invoices, Customs attested E.P. Copy of
the Shipping Bill and other relevant documents of M/s.___________________________. We
further certify that the particulars given in Co.1 to 17 have been verified and found to be correct.
We have also verified the F.O.B. value mentioned in Col.14 above with reference to following
documents:(i) Bill of Lading/PP receipt/Airways Bill
(ii) Insurance policy/Cover/Insurance Receipt.
2.
3.
4.
FOB actually realized and date of realization of export proceeds are to be given in all cases except
where consignment has been sent against confirmed irrevocable letter of credit or exports made
against the Government of India/EXIM Bank Line of Credit or exports made under Deferred
Payment/Suppliers Line of Credit Contract backed by ECGC Cover. An endorsement to that effect
needs to be endorsed in BRC.
We have also verified that the date of Export is _________. (Applicable only in respect of Exports
by air.)
This is to certify that we have certified the amount of the Commission paid/payable, as declared
above, by the exporter i.e. ____________________________________________(in figures and
words) with G.R. Forms and found to be correct.
Note:
1.
Bank can issue a consolidated certificate (consignment-wise) for more than one
consignment.
2.
FOB actually realised and date of realisation of export proceeds are to be given in all
cases except where consignment has been sent against conformed irrevocable letter of
credit.
3.
App.168
APPENDIX 22 B
Date
[1]
[2]
FOR
value
[3
Description of
goods as
given in the
invoice
[4]
[8]
* The Bank Reference Number would be applicable for documents routed through bank & payments
released through banking channels.
Place:
Date:
Official
Seal/stamp
: ...........................................
: ...........................................
: ...........................................
: ...........................................
: ...........................................
: ...........................................
Designation
Full official address
Full Residential address
BANK's CERTIFICATE
This is to certify that we have received the amount mentioned in Column 7 against invoice mentioned in
Column 1 above/details mentioned in Column 5 above (Please Strike out one of the options).
App.169
APPENDIX 22 C
FORMAT OF CERTIFICATE OF PAYMENTS ISSUED BY THE PROJECT AUTHORITY
NOTE: PLEASE SEE PARAGRAPH 8.3.1 AND 8.4 OF THE HANDBOOK (VOL.I)
FORM I-A
(CERTIFICATE OF PAYMENT TO BE ISSUED BY THE PROJECT AUTHORITY FOR
SUPPLIES MADE TO CATEGORIES (d), (e), (f) and (g)(i) and (j) OF PARAGRAPH 8 OF THE
POLICY)
I
certificate.
to
Certified that the goods of quantity and value as described below and
in Invoice
No.........................Dated .........
have been
supplied
to us on
date)
against
purchase
order
No.......................dated ............ and we have paid to the suppliers, namely, M/s............................ the sum
of Rs.(figures and words.................................) on............. (date) being ............................ per cent of
the value of the goods/ equipments/ capital goods supplied
as per terms of the contract
No................ dated............ entered into with the suppliers in accordance with the conditions applicable to:
(a)
That supplies under contract No....... Dated....... made in India to a project financed by
multilateral or bilateral Agencies/Funds namely..............which has been notified by the
Department of Economic Affairs, Ministry of Finance vide their reference No....... Dated ....... and
the same is under the procedure of International Competitive Bidding in accordance with the
procedure of the above mentioned Agency/Fund, legal agreement of which provides for tender
evaluation without including the customs duty in accordance with the provision in Para 8.2(d) and
8.4.4 (ii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and
w ords.....................)
(b)
(c)
That Supplies made under the contract made to a project/ purpose namely....................., import
to which is permitted at zero customs duty, by the Ministry of Finance vide Notification
No......dt..........but if procured domestically, then the benefit of Deemed exports has been
prescribed in accordance with the provision of Para 8.2(f) and 8.4.4(iii) of the policy,2004-2009
and that the import content of the order is Rs.(figure and words.....................)
(d)
That Supply of goods required in connection with Petroleum exploration licences or mining
leases under international competitive bidding is made in accordance with the provisions of
Paragraph 8.2(f) and 8.4.4 (iii) of the Policy, 2004-2009 and the import content of the order is
Rs.. (Figures and words of the order is Rs.(figure and words.....................)
(e)
That Supply of goods under the contract made to power project in India is under the procedure of
international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4
(iv) of the Policy, 2004-2009 and the import content of the order is Rs.. (Figures and words of the
order is Rs.(figure and words.....................)
(f)
That Supply of goods under the contract made to refineries in India is under the procedure of
international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4
(v) of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the
order is Rs.(figure and words.....................)
(g)
That Supply of goods to projects funded by UN agencies in accordance with the provisions of
Paragraph 8.2(i) and 8.4.6 of the Policy,2004-2009 and the import content of the order is Rs..
(Figures and words of the order is Rs.(figure and words.....................)
(h)
That Supply of goods to specified nuclear power projects under the procedure of competitive
bidding is made in accordance with the provisions of Par agraph 8.2(j) and 8.4.7 of the
Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is
Rs.(figure and words.....................)
App.170
It is also certified that the supplies have been accepted by us at the site at the price stated in the
invoice.
It is also certified that no CENVAT Credit/rebate under the Central Excise Rules have been availed
by us nor will be availed in future on supply of these items.
*(use whichever is applicable)
Description, Quantity and Value of goods supplied
........................................................
........................................................
........................................................
Signature
........................................................
Name
........................................................
Designation
........................................................
........................................................
Place
Date
Note:
1.
This certificate should be signed by the Chief Executive Incharge of the Project concerned or
by a senior officer specially authorised by him for this purpose.
2.
by
such
FORM I-B
(CERTIFICATE OF PAYMENT TO BE ISSUED TO THE SUB-CONTRACTOR
WHOSE NAME APPEARS IN THE MAIN CONTRACT IN RESPECT OF
CATEGORIES (d),(e)(f),(g),(i)& (j) of PARA 8.2 OF THE POLICY)
1. Certified that M/s ......................
is an Indian sub-contractor to M/s ............................... (Main
Contractor). The contract of the main contractor has been accepted by us vide No. .......................
date ...........The
name of the sub-contractor has been included in the main contract itself and the
description, quantity and value of the goods which has now been supplied to us or to the main
contractor, has already been indicated in the main contract. These supplies conforms to the specifications
laid down in the main contract
2. It is also certified that the goods/equipment of quantity and value as described below and in invoice No.
................ dated ............
have been supplied to us by the above mentioned sub-contractor on
...................... (date) against purchase order No. ....................... dated .................. and we have paid
to the
subcontractor, namely,
M/s.
....................
the sum of
Rs.(figures and
words
..................................)
on .........(date)
being .....................
percent of
the value
of the
goods/equipments/capital goods supplied as per terms of the contract No. ....... dated ............ entered
into with the suppliers in accordance with the conditions applicable to:
(a)
That supplies under contract No....... Dated....... made in India to a project financed by
multilateral or bilateral Agencies/Funds namely..............which has been notified by the
Department of Economic Affairs,Ministry of Finance vide their reference No....... Dated ....... and
the same is under the procedure of International Competitive Bidding in accordance with the
procedure of the above mentioned Agency/Fund, legal agreement of which provides for tender
evaluation without including the customs duty in accordance with the provision in Para 8.2(d) and
8.4.4 (ii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and
w ords.....................)
(b) That supply of capital goods under the contract made to
fertiliser plants in India is under
the procedure of international competitive bidding in accordance with the provision of Para
8.2(e) and 8.4.5 of the policy,2004-2009 and that the import content of the order is Rs.(figure and
w ords.....................)
App.171
(c)
That Supplies made under the contract made to a project/ purpose namely....................., import
to which is permitted at zero customs duty, by the Ministry of Finance vide Notification
No......dt..........but if procured domestically, then the benefit of Deemed exports has been
prescribed in accordance with the provision of Para 8.2(f) and 8.4.4(iii) of the policy,2004-2009
and that the import content of the order is Rs.(figure and words.....................)
(d)
That Supply of goods required in connection with Petroleum exploration licences or mining
leases under international competitive bidding is made in accordance with the provisions of
Paragraph 8.2(f) and 8.4.4 (iii) of the Policy,2004-2009 and the import content of the order is Rs..
(Figures and words of the order is Rs.(figure and words.....................)
(e)
That Supply of goods under the contract made to power project in India is under the procedure of
international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4
(iv) of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the
order is Rs.(figure and words.....................)
(f)
That Supply of goods under the contract made to refineries in India is under the procedure of
international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4
(v) of the Policy and the import content of the order is Rs.. (Figures and words of the order is
Rs.(figure and words.....................)
(g)
That Supply of goods to projects funded by UN agencies in accordance with the provisions of
Paragraph 8.2(i) and 8.4.6 of the Policy,2004-2009 and the import content of the order is Rs..
(Figures and words of the order is Rs.(figure and words.....................)
(h)
That Supply of goods to specified Nuclear Power Projects under the procedure of competitive
bidding is made in accordance with the provisions of Paragraph 8.2(j) and 8.4.7 of the
Policy,2004-2009 and the impor t content of the order is Rs.. (Figures and words of the order is
Rs.(figure and words.....................)
Signature
...........................................
Name
...........................................
Designation
...........................................
Name of the
Project/Agency ...........................................
Place ...............
Date ...............
Description, Quantity and Value of Goods supplied
...........................................
...........................................
...........................................
Signature
...........................................
Name
...........................................
Designation
...........................................
Name of the
Project/Agency ...........................................
Note:(1) Note 1&2 below Form I-A is equally applicable in this case.
App.172
FORM 1-C
Certificate of payment to be issued by the main contractor for supplies made by sub contractor whose name
appear in the main contract to categories (d) (e) (f) & (g) (i) & (j) of paragraph 8.2 of the Policy.
Certified that the goods of quantity and value as described below and in invoice No.__________ dated
__________ have been supplied to us on date ________ against purchase order No.________ dated
___________________and we have paid to the sub-contractor namely M/s _________________________
the sum of rupees (figure and words) _______________ on _____________ (date) being______________
percent of the value of the goods/ components/equipment/capital goods supplied as per terms of the
contract No. ____________ dated ________ entered into with the sub contractor.
It is also certified that we, the main contractor have supplied such goods/ components/ equipments / capital
goods supplied by the sub contractor to the project authority against contract no. ________ dated _______
and have received payment on _________ (date) against invoice No. ___________ dated _________.
S.NO.
DESCRIPTIONOF
GOODS
Qty
SUB-CONTRACTOR
INVOICE NO.
S.NO.
DESCRIPTION OF
GOODS
DATE
Qty
VALUE
DATE OF
PAYMENT
CONTRACTOR
INVOICE
NO.
DATE
VALUE
DATE OF
PAYMENT
It is also certified that we have accepted the supplies at the site at the price stated in the invoice.
Signature
:......................................................
Name
:......................................................
Date: .........
Designation
:......................................................
Place: ........
:......................................................
App.173
FORM II
(UNDERTAKING TO BE GIVEN BY THE APPLICANT)
We,M/s.............................. undertake in respect
of
our
application dated ........ against................
(description of goods) supplied to ....................... (name of buyer), that :-
(1) If at any future date we are required to refund any amount to the buyer,namely ....................... on
account of non-satisfactory performance of the equipment during the guarantee period or on account
of replacement of defective parts as per contractual agreement we shall send an intimation to the
licensing authority giving full particulars within one month of the date of such refund.
(2) We
shall
refund
to
the
refunded to the Project authority by us.
licensing
Signature
.....................................................
Place .....................
.....................................................
Date .....................
Designation
.....................................................
FORM III
(DECLARATION)
We hereby declare and certify that :(a)
(b)
(c)
(d)
Signature
.....................................................
.....................................................
Designation
.....................................................
.....................................................
Place:
Date:
App.174
APPENDIX 22 D
2.
IEC number
3.
5. Export Details
Invoice
No.
(1)
Date
(2)
Shipping bill
against which
offset has been
done
No.
Date
(3)
(4)
Description of
goods
Scheme under
w hich offsetting
undertaken
Amount offsetted
(in free foreign
exchange)
Date of
offsetting
(7)
(5)
(6)
(7)
1. I/We hereby declare that the particulars and the statements made in this application are true and correct
to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.
2. I/We full understand that any information furnished in the application if proved incorrect or false will render
me/us liable for any penal action or other consequences as may be prescribed in law or otherwise
warranted.
3. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992,
the Rules and Orders framed thereunder, the Export and Import Policy, Handbook of Procedures and any
other documents issued under the Policy.
4. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.
5. I/we hereby certify that none of the Proprietor/ Partner(s)/ Director(s)/Karta of the firm or company is a
Proprietor/ Partner(s)/ Director(s)/Karta of the firm/Company, which has come to the adverse notice of
DGFT.
6. I/We certify that the RBI permission vide letter no.________ dated _______ has been obtained for the
said offsetting of export proceeds realised under ________ scheme.
Name:
Designation:
Official Address:
Tele.No.:
Residential Address:
Place:
Date :
App.175
........................
........................
........................
........................
........................
........................
ANNEXURE TO APPENDIX 22 D
CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT
(Note: This certificate is to be submitted in lieu of the Bank Certificate of Exports and Realisation)
(i) The following documents/ records have been furnished by the applicant and have been examined and
verified by me/us namely:Export order/ Contract, shipping bills, Bill of Lading (and/ or Airways Bills/ Receipts). Customs/Bank attested
Invoices,
(ii) I/We verify that the offsetting has been carried out w ith the specific consent of the Reserve Bank of India
as contained in letter no.________ dated ______ and is in accordance with the rules/regulations in force.
(iii) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or
misleading and no relevant information has been concealed or withheld;
(iv) Neither I, nor any of my partners/director is a partner, director, or an employee of the above-named
entity or its associated concerns;
(v) I/We fully understand that any statement made in this certificate, if proved incorrect or false, will render
me/us liable for any penal or other consequences as may be prescribed in law or otherwise warranted.
Place:
Date:
:
:
:
App.176
APPENDIX 22 E
BANK CERTIFICATE OF EXPORT REALISATION/ DEEMED EXPORTS FOR STAR EXPORT HOUSE
CERTIFICATE
To ______________________(Name and Address of the Licencing Authority)
We________________________(Name and Address of the Exporter) declare that we have forwarded
export bills/ banking instruments to ____________(Name and Address of the Bank, Branch, City) for
collection/ negotiation/ purchase. The proceeds against these documents/ instruments for exports/ deemed
exports for the financial year ending *_________ amounts to Rs.__________________(figures and words
rounded off to nearest lakh).
We further declare the aforesaid particulars are correct to the best of our knowledge & belief.
Date_____________
Place_______________
Signature of exporter_______________________
Name
________________________
Designation
________________________
Full Address
________________________
________________________
BANKS CERTIFICATE
Authorised Foreign Exchange Dealer
Code No allotted to the bank_by RBI vide the following details:
RBI__________________
Ref No:______________
Date:_________________
Place:_________________
This is to certify that we have verified the relevant export invoices, customs attested EP copy of the shipping
bill ad other relevant documents of M/s _______________________________and the exports/ deemed
export proceeds declared by the exporter amounting to Rs ___________lakhs (in figures and words) for the
year ____________ are found to be correct.
_____________________
(Signature of bankers)
______________________
(Full Address of Bankers)
Branch and City______________
Official Stamp________________
Note: 1)
* FOB/ FOR actually realized for the concerned financial year/years on the basis of which
the Status is being claimed.
2)
The exporter shall submit a certificate from each of the his bank branches where he is
holding an account where export/ deemed export proceeds are deposited/ collected.
3)
App.177
APPENDIX 23
S.
No.
Description
of items
Receipt
Opening
balance
[1]
[2]
[3]
Particulars
of imports
Qty of
fresh
stock
receiv
ed
[4]
Quantity
End products in which
used. Batch no. also
to be shown in the
case of
pharmaceutical units
[9]
Name and
address of
authorised
source if goods
obtained from
any other
source
[5]
[6]
Date
[7]
Issue
[8]
Consumption
Qty diverted to
others in an
authorised manner
Closing
balance
Remarks
[10]
[11]
[12]
[13]
App.178
APPENDIX 24
FORM OF AFFIDAVIT FOR OBTAINING DUPLICATE COPY OF LICENCES WHICH ARE LOST OR
MISPLACED
I/We hereby solemnly affirm and declare that customs purpose copy/exchange
copy
of
Licence No.___________dated__________
issued
House
to
me/us
/ after
has
been lost/misplaced,
having been
registered
with
_______________ (Customs House) and not utilised at all/ utilised partly. The total amount for which
the Licence was issued is Rs. (figure and words ____________)and
duplicate is now required is to
cover the
balance
of
the
Rs.__________.
total amount
for
which the
been
cancelled, pledged, transferred or handed over by me/us or on my behalf to, any other party for any
purpose/consideration whatsoever.
Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix
21B.
2.
App.179
APPENDIX 25 A
BANK GUARANTEE FORMAT
To,
The President of India
Acting through the Director General of Foreign Trade
In consideration of the President of India, acting through the Director General of Foreign Trade
(which expression shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director
General of Foreign Trade), or any other licensing authority for the time being authorised to perform the
duties of Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade), Ministry of
Commerce, Government of India, New Delhi (hereinafter referred to as the Government) having agreed to
grant to ___________________(full expanded name of the Importer/Exporter with complete address)
(hereinafter referred to as Importer/Exporter) a licence being licence No.__________ dt.____ (hereinafter
referred to as Licence for the import of the goods mentioned therein) for a value of Rs._________ (Rupees
___________________
only)
under
the___________________ Scheme (fill up the actual Scheme)
notified by the Government under the Foreign Trade Policy 2004-09 as may be amended from time to time
(hereinafter referred to as scheme) on the terms and conditions specified in the said licence which term
inter alia stipulates production of a Bank guarantee for Rs._________________ (Rupees ___________
only). We ____________________ (indicate the name and full address and other particulars of the Bank)
(hereinafter referred to as Bank) at the request of the Importer/Exporter do hereby unconditionally and
irrevocably undertake to pay the Government an amount not exceeding Rs.____________ against any
loss or damage caused to or suffered by the Government by reason of any failure on the part of the said
Importer/ Exporter of any of the terms or conditions contained in the said licence including the export
obligation mentioned therein.
2.
We ___________________ (indicate the name of Bank) do hereby undertake to pay the amounts due
and payable under this guarantee without any demur or protest, merely on a demand from the
Government stating that the amount claimed is due by way of loss or damage caused or suffered by the
Government by reason of breach by the Importer/Exporter of any of the terms or conditions of the said
licence. Any such demand made on the Bank shall be conclusive as regards the amount due and payable
by the Bank under these presents.
3.
We undertake to pay to the Government any money so demanded notwithstanding
any dispute or
disputes raised
by
the Importer/Exporter in any suit or proceeding pending before any court or Tribunal
relating thereto and our liability under these presents being absolute and unequivocal.
4.
We,_________________(indicate the name of Bank) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for the performance
of the said licence and that it shall continue to be enforceable
till
all the obligations of
the
Importer/Exporter under or by virtue of the said Licence have been fully discharged to the satisfaction of the
Government or till Jt.DGFT/Dy.DGFT, or any Licensing authority for the time being authorised to perform
the duties of Jt.DGFT/Dy.DGFT, Ministry of Commerce, New Delhi certifies that the terms and conditions
of the said Licence have been fully and properly carried out by the Importer/Exporter and accordingly
discharges this guarantee. Provided, however, unless a demand or claim under this guarantee is made on
us in writing on or before the ______________. We shall be discharged from all liability under this
guarantee thereafter.
5.
We ____________________ (indicate the name of bank), further agree with the Government that the
Government shall have the fullest liberty without our consent and without affecting in any manner our
obligations hereunder (i) to vary any of the terms and conditions of the said Licence and modify the said
scheme from time to time or (ii) to extend time of performance by the said Importer/Exporter from time to
time or to postpone for any time or (iii) from time to time any of the powers exercisable by the Gover nment
against the said Importer/Exporter and to forbear or enforce any of the terms and conditions relating to
the said Licence and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Importer/Exporter for any forbearance, act or omission on the part of
the Government or any indulgence by the Government to the said Licensee or by any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving
us.
That this shall be a continuing Bank Guarantee and shall not be discharged by any change in the
constitution of the importer/exporter or of the Bank.
That the guarantor will not revoke the guarantee without prior written consent of the Government.
"Dated the_______________day of____________year_________ for ______________________
indicate the name of the Bank)"
Note:
The Bank Guarantee shall be valid till the expiry of the Export Obligation period plus six months.
App.180
APPENDIX 25 B
to perform the export obligations for the quantity and or FOB value within the period specified in the
aforesaid Scheme/Licence/Sanction/Approval;
b)
c)
to fulfill all the terms and conditions of the licence/ sanction which may be issued;
d)
to fulfill the conditions subject to which the goods may be cleared by the Customs authorities
including conditions imposed under the relevant Customs notification pertaining to the Scheme;
e)
to send a 'Statement of Exports' to the Licensing Authority in original, on a monthly/quar terly/halfyearly basis, within 15 days from the end of the period;
f)
App.181
g)
that in the event of his default in meeting the aforesaid obligations / conditions, he shall pay an amount
equal to 15% interest per annum on the amount of duty saved from the date of import of the first
consignment till the date of payment.
h)
that the Government may modify the Scheme from time to time.
as aforesaid, the
party
(i)
That the party shall comply with all the obligations under the aforesaid Scheme specified by
the Government and the conditions specified in the Licence/Sanction/Approval to be issued for import/
export and other conditions specified herein above.
(ii)
That if the party fails to fulfil the whole or part of the obligations under the Scheme,
including the terms and conditions stipulated in the Licence / Sanction/ Approval/ Scheme or fails to
furnish any information required under the Foreign Trade (Development & Regulation) Act, 1992, or
the Orders made thereunder or the Rules framed thereunder, on the written demand made by the
Government of the amount, in whole or part, the party shall forthwith without any demur or protest, pay
to the Government the sum demanded.
(iii)
That notwithstanding any right Government may have directly against the party in any form
and notwithstanding any dispute raised by the party in any form, the Government's written demand to the
party shall be final and binding.
(iv)
That this Agreement shall continue and shall not be discharged by any change in the constitution of
the party.
(v)
That in the event of the non-fulfillment of export obligations mentioned in the licence as aforesaid,
the party shall on the instructions of the Government hand over the unutilised imported goods to any
agency as the Government may nominate, for disposal in any manner. The amount so recovered by sale
shall be deposited with the Government towards the fulfillment of export obligations/ conditions, after
deducting the normal commissions and other expenses incurred by the said agency. The decision of the
agency as to the said amount shall be final and binding on the party. The Bank Guarantee/
Bond
executed with the Customs authorities, in such an event, shall also be forfeited.
(vi)
The party undertakes to pay simultaneously a sum equivalent to the value of the mport
I
Licence
/ Sanction/ Approval or to the extent of the value of the imported goods against the said Licence /
Sanction/ Approval, whichever is higher, by way of liquidated
damages to
the Government.
The
decision of the Government shall be final and binding on the party.
(vii)
(viii)
That the payment of the amount demanded by the government under this Agreement shall not
affect the liability of the party to any other action, including the initiation of legal proceedings for
confiscation of the imported material and refusal of further licences, and all other liabilities, penalties and
consequences under the provisions of the Foreign Trade (Development and Regulation) Act, 1992, and
the Orders and Rules made thereunder, that may be decided by the Government.
(ix)
That this Agreement shall remain in full force until all the obligations of the party are fulfilled
to the full and final satisfaction of the Government as specified above and till such satisfaction is
communicated to the party.
(x)
That the party irrevocably undertakes that in the event of his default in meeting the aforesaid
export obligations / conditions, they shall pay the applicable Customs Duties, 15% interest per annum
on the amount of customs duties saved from the date of import of the first consignment till the date of
payment to meet the shortfall in the export obligations as may be imposed on the licence/ sanction/
scheme. In addition to the aforesaid the party shall also abide by the conditions imposed by the relevant
Customs notification for the Scheme.
(xi)
That the party irrevocably undertakes that in the event of his default in meeting the aforesaid
export obligation / conditions, they shall execute a Bank Guarantee for an amount as required by the
Government.
(xii)
Nothing in this Agreement shall debar the Government from modifying the said Scheme
from time to time and/or from implementing any such modified Scheme as if it is in force at the date of
this Agreement.
App.182
IN WITNESS WHEREOF the party hereto has duly executed this Agreement on this ______________ day
of ______year_______ signed, sealed and delivered by the party in the presence of:
(Signature)_________________________
___________________________________
(full and expanded description of the
party with residential address)
Witness: _____________________
( Signature)
1. Name ___________________
Residential________________
Address ___________________
2. Name ___________________
Residential________________
Address ___________________
st
App.183
NOTE FOR GUIDANCE IN THE MATTER OF EXECUTING BANK GUARANTEE (BG) / LEGAL
AGREEMENT(LUT)
1.
The Bank Guarantee /Legal Agreement is to be executed and signed by the importer/exporter
(party) and the surety Bank (Guarantor) on a non-judicial stamp paper of the minimum value
of Rs.
15/-, or any amount as may be prescribed by the concerned State Government under
the Indian Stamp Act, 1899 or State Act, as the case may be.
2.
Any stamp duty payable on the B.G./LUT or any document executed thereunder shall be borne by
the party.
3.
If the party is a sole proprietary firm, the Bond/Legal Agreement shall be executed by the Sole
Proprietor of the firm, along with his permanent and complete residential address.
"In such a case the expression "Importer/Exporter" or "Party" used in the opening paragraph
of the Legal Agreement should include
his/her heirs, successors, administrators and
assignee".
4.
If the party is a partnership firm, the B.G./LUT shall be executed in the name of the partnership
firm, through the partners
to be specified, or the Managing partner, if so specified in the
Partnership Deed, along with the address of the partner/Managing Partner, and the place where
the Registered Office of the partnership firm is situated.
"In that case, the expression "Importer/Exporter" or "Party" used in the opening paragraph of
the Legal Agreement should
include jointly and severely all the partners, through respective
legal heirs, successors, administrators and assignee as well as the portions where body
corporate or not having the control of the affairs of the said Firm".
5.
If the party is a Limited Company, the B.G./ LUT shall be executed by the Managing Director or two
Directors of the Company, along with the seal of the Company and also specifying the address
of the Registered Office of the Company.
Alternatively the B.G./ LUT shall be executed by a senior executive of the Company of the rank of
General Manager and one of the Directors of the Company who have been authorised by the
board of Directors for this purpose, along with the seal of the Company and also specifying the
address of the Company. In such cases B.G./ LUT shall be countersigned by the Company
Secretary.
"In that case, the expression "Importer/Exporter" or "Party" used in opening paragraph of the
Legal Agreement should include its successors in business and assignee".
6.
7.
The importer/ exporter shall also give a separate declaration alongwith BG/LUT to the effect
that in the event of any change in the Customs Duty based on which the BG/LUT is executed
for clearance of the imported goods, he shall execute supplementary BG/LUT for the remaining
value at the time of clearance of last consignment, failing which he shall be liable to such
action as is considered proper by the licensing/ customs authority.
App.184
APPENDIX 26
CERTIFICATE OF CHARTERED ACCOUNTANT
COST AND WORKS ACCOUNTANT/COMPANY SECRETARY
I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of
M/s..........................having IEC number... and PAN
number.for the licensing period(s) and hereby certify that:
(i)
The following documents/ records have been furnished by the applicant firm/company and have
been examined and verified by me/us namely: a.
b.
c.
Statutory documentation under the Customs Act 1962 and Excise Act 1848, Service
Tax Act, Foreign Trade (Development & Regulation) Act 1992;
Export Order/Contract, Shipping Bills, Bill of Lading (and/or Airways Bills/PP Receipts),
Customs/Bank attested Invoices, Bank Certificates of exports made in their own name,
GR declaration etc and connected books of accounts;
Bank Certificate of direct foreign exchange earning, GR declaration, Forward Inward
Remittance Certificates (FIRCs), Certificate from international credit card companies,
C.A certificate for the indirect sources, certified statements from the Banker/ Chartered
Accountant of Foreign Exchange Earnings and connected books of accounts. (In
respect of indirect forex earnings duly certified by Chartered Accountant such as
amount received from Travel agents/Tour Operators, Foreign Airlines for stay of Crew
and Catering, UN organizations and Diplomatic Missions and Encashment Certificate
from authorized dealers and others in terms of DGFT Policy circular no.60/97-2002
dated 24.12.1998)
(ii)
The relevant accounting and financial register(s) as prescribed under different Acts and Rules
made there under have been maintained and authenticated under my/our seal and signature.
(iii)
The information given by the applicant firm/company in the Aayaat Niryaat Form including
details on
a. imports/exports made and services rendered,
b. foreign exchange earnings/ realization (both from direct and indirect sources)
c. third party exports
d. deemed exports
is in agreement with the Foreign Trade Policy 2004-09 and the rules and procedures made there
under, the relevant register and records and the books of accounts maintained by
M/s.............. and their subsidiaries and is also true and correct.
(iv)
It has been ensured that the information furnished is true and correct in all respects; no part of it
is false or misleading and no relevant information has been concealed or withheld;
(v)
Neither I, nor any of my/our partners is a partner, director, or an employee of the above-named
entity, its Group companies or its associated concerns;
(vi)
I/We further certify that M/s................... has realised 95% or more of the
export proceeds in respect of exports made by him in the preceding three licensing years
(excluding the export made during last six months from the date of filing of application)and 90%
in the case of exports made in the current licensing year on the basis of which recognition is
being claimed.
I/We hereby certify that the total value of outstanding export proceeds beyond a period of 360
days from the date of exports made by the applicant is Rs.______________ (applicable in case
of existing status holders for renewal of status and for EPCG redemption).
I/We hereby certify that the total value of outstanding export proceeds beyond a period of 6
months from the date of exports made by the applicant is Rs.______________ (applicable for
obtaining status certificate afresh and for EPCG redemption).
(vii)
I/We fully understand that any statement made in this certificate, if proved incorrect or false, will
render me/us liable to face any penal action or other consequences as may be prescribed in law
or otherwise warranted.
(viii)
I/We verify that in case the status of Star Ex port House is being claimed under the double
w eightage export performance criteria, the exports have been made by * (a)Units in Small Scale
Industry/ (b) Tiny Sector/ (c)Cottage Sector or (d)Units registered with KVICs or (e)KVIBs or
(f)Units located in No rth Eastern States, (g) Sikkim and (h)J&K or Units exporting (i) handloom,
(j) handicrafts, (k) hand knotted carpets, (l)silk carpets or (m)exporters holding golden status or
(n)exporters exporting to countries in Latin America and (o) CIS/ (p)sub Saharan Africa or
(q)Units having ISO 9000 (series)/WHOGMP/HACCP/SEI CMM level-II and above status granted
App.185
(q)Units having ISO 9000 (series)/WHOGMP/HACCP/SEI CMM level-II and above status granted
by agencies listed in Appendix-28A or (r)service exporters or (s) agri exporters (other than
grains).
a) (* Strike out whichever are not applicable) Export Order, Invoice
b) Bank Certificate of foreign exchange earning/FIRCs and GR declaration
Sl.No.
Year
Place:
Date:
have
not
been
1.
2.
S.No
Description of product
Note:
1.
Each page of this annexure is to be signed by the Chartered Accountant with his
registration number.
2.
The annexure shall be required to be furnished only with the application for grant of One
to Five Star Export House.
App.186
APPENDIX - 27
FORMAT OF PROJECT AUTHORITY CERTIFICATE
NOTE:
8.2.4
OF
I
................................... (Name and Designation)
am duly authorised
to
issue the Project
Authority Certificate. I hereby certify that M/s. ...................................... have been awarded a contract
for supply of goods of value, quantity and description mentioned below for total value of Rs..................
(in words ............................. ) against purchase order No. ........................ dated .................. .
It is certified :(a)
That supplies under contract No...... Dated........ are to be made in India to a project
financed by multilateral or bilateral Agencies/ Funds namely ............ which has been
notified by the Department of Economic Affairs, Ministry of Finance vide their
Reference No ...... Dated ........ and the same is
under the
procedure
of
International
Competitive Bidding in accordance with the procedure of the above
mentioned Agency/Fund, legal agreement of which provides for
tender evaluation
without including the customs duty in accordance with the provision in Para 8.2(d) and
8.4.4(ii) of the policy, 2004-09 and that the import content
of
the
order
is
Rs.(figure and words .....................)
(b)
That supply of the Capital Goods under the contract to be made to fertilizer plants in
India is under the procedure of International competitive bidding in accordance with
the Provisions of Paragraph 8.2(e) and 8.4.5 of the Policy 2004-09 and that the import
content of the order is Rs.(figure and words ...................)
(c)
(d)
That supply of goods required in connection with petroleum operations undertaken under
petroleum exploration licences or mining leases under international competitive bidding is
made in accordance with the provisions of paragraph8.2(f) and 8.4.4(iii) of the Policy and
the import content of the order is Rs. (Figures and words ...................).
(e)
That supply of the goods under the contract to be made to power project in India is under
the procedure of international competitive bidding in accordance with the provisions of
paragraph 8.2(g) and 8.4.4(iv) of the Policy 2004-09 and that the import content of the
order is Rs.(figures and words..........................)
(f)
That supply of the goods under the contract to be made to refineries in India is under the
procedure of international competitive bidding in accordance with the provisions of
paragraph 8.2(g) and 8.4.4(v) of the Policy 2004-09 and that the import content of the
order is Rs.(figures and words..........................)
(g)
That supply of the goods to projects funded by UN agencies in accordance with the
provisions of paragraph 8.2(i) and 8.4.6 of the Policy. 2004-09 and that the import
content of the order is Rs.(Figures and words ......................)
(h)
That supply of goods to specified nuclear power projects under the procedure of
Competitive Bidding is made in accordance with the provisions of paragraph 8.2(j)and
8.4.7 of Policy, 2004-09 and the import content of the order is Rs. (Figures and words
........................).
2.*
App.187
(Relevant only for contract at Paragraph 1(a), (b),(c),(e),(f), (g) and (h) for which Annexure-I to Appendix -27
be furnished.)
PARTICULARS OF SUPPLIES TO BE MADE
a)
b)
Quantity
(3)
Quantity
(3)
By the sub-contractor
S.No.
(1)
3.
It is also certified that no other similar certificate to any other party has been granted for the same
supplies detailed above, under the same contract referred to above.
Signature
Name and Designation
Name of the project
Place:
Date:
:..............................
:.............................................................
:.............................................................
Seal.
Note:
(1)
(2)
(3)
(4)
In the case of supplies to be made by a sub-contractor whose name is included in the main
contract, his name should also compulsorily be indicated in para 2 with details of supplies to
be made by him, alongwith the name of the main contractor.
(5)
In cases, where licences are to be obtained from more than one licensing authority in respect
of supplies covered by the same Project authority certificate, a self certified copy of the
Project Authority Certificate
( PAC ) in place of the original PAC may be accepted by the
licensing authority. This will be certified by an officer who is authorized to file an application
for licences on behalf of the company. While submitting the self certified PAC, the officer
concerned will also intimate where the original PAC has been submitted so that the licensing
authority may correspond with the other licensing authority, in case of need.
(6)
In case of supplies under Lease financing agreement, the Project Authority certificate shall be
jointly signed by the Project Authority and Lease financing.
App.188
(b)
S.No.
Quantity
Value
CIF Content
Quantity
Value
CIF Content
By the sub-contractor
Description of item(s) to be supplied
Signature:______________________
Name of Authorised Signatory:______________________
Designation:______________________
Name of Main Contractor:______________________
Date:_______________
Place:______________
App.189
APPENDIX 28
..............................................................
2.
..............................................................
3.
..............................................................
4.
.............................................................
a)
b)
c)
d)
ITC(HS)-Export
e)
Others
5.
Current provision
..............................................................
6.
Clarification sought
..............................................................
..............................................................
Place:
Date:
......................................................
Name
......................................................
Designation
......................................................
Official Address
......................................................
Tel. No.
......................................................
E-mail Address
......................................................
App.190
APPENDIX 29
1.
:........................................................................................
2.
Address:
:........................................................................................
3.
Grievance subject:
4.
:........................................................................................
5.
Yes [ ]
:........................................................................................
6.
Place:
Date:
No. [ ]
:........................................................................................
......................................................
......................................................
Designation
......................................................
Tel. No.
......................................................
E-mail Address
......................................................
App.191
APPENDIX 30
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE
Office of the
File No
Date
2.
Licence no.
Date
Date
3.
4.
S.No.
1.
2.
3.
4.
a)
b)
c)
The material received by the holder of this Release Order shall be subject to the same
conditions as applicable to the licences issued under Advance Licence against which this
Advance Release Order has been issued.
d)
Yours faithfully,
Security Seal
App.192
(i)
Jt./ Dy. Director General of Foreign Trade ..................... (Name and address of the licensing
authority of indigenous producer).
(ii)
M/s. .............................................. (Name and address of the indigenous producer) for necessary
action.
Description of
goods
Quantity supplied
In figures
Value of goods
In words
In figures
In words
1.
2.
3.
Signature
(Name and address of indigenous producer)
We confirm having received the goods as per details above.
Signature
(Name and address of the Advance Release Order)
App.193
APPENDIX 31
Description of Goods
Quantity
Value
Official Seal
Note:
This import certificate is not a substitute for import Licence in respect of the items mentioned
as restricted under ITC(HS) and an import licence, in addition to this Certificate, will have to
be obtained wherever required for such items
App.194
APPENDIX 32 A
FORMAT OF CHARTERED ENGINEER CERTIFICATE FOR EPCG SCHEME
(To be furnished on the letterhead of the Chartered Engineer)
I have examined the applicant firms/companys import requirement for the Capital Good(s) w ith respect to
their nexus with the pre production/production/post production activity undertaken by the firm/company and
with reference to their endorsement in SSI/Industrial Licence/IEM as mentioned in Aayaat Niryaat Form and
I hereby certify that the Capital Good(s) proposed to be imported under EPCG Scheme by M/s.
__________________________
having
IEC
number
-------------------
and
PAN
number-----------------------
is/are required for use at the pre production/production/post production stage for manufacture of the export
product(s)/rendering service(s) as per the details given below:-
1. Name, Model Number and Technical Description of the Capital Good (s) to be imported
2. Quantity required with justification thereof
3. Export products /Services rendered to which Capital Good(s) is/are related
4. End use of Capital Goods(s) for export product(s) and the stage where and how to be used
5. Stepwise Process/Flow Chart
Note
1. Additional sheets, wherever required, may be attached.
2. Each individual page of the Certificate has to be signed by the Chartered Engineer.
App.195
APPENDIX 32 B
FORMAT OF CHARTERED ENGINEER CERTIFICATE FOR FIXATION OF SION
(To be furnished on the letterhead of the Chartered Engineer)
I have examined the applicant company's import requirements of raw materials etc. with regard to their
technical description/ specification and the quantity against each item of import as given in Aaayat Niryaat
Form and having due regard to proper technical norms of consumption and after technical scrutiny of
relevant designs and drawings of the export product, I hereby certify that they are correct in all respects and
are actually required for the execution of the export item for which the application is made.
App.196
APPENDIX 33
(I)
(II)
b)
Complete Chemical reactions with molecular and structural formula and molecular weights
along with stage-wise % yields on molar basis.
c)
Material balance (Stoichiometric Balance Details) for the entire manufacturing process.
d)
Requirement and recovery of solvents used in the entire manufacturing process at each
step.
e)
f)
Details of by-product/co-products formed in the above process with their quantities and
values
g)
Details of solvents charged, recovered and consumed in each step of the manufacturing
process in terms of quantity.
h)
i)
j)
End use of the chemical intermediates being exported. In case of the drug intermediate, the
name of the bulk drug where the same is to be used should be indicated.
k)
l)
Standard technical literature pertaining to the process as well as yields in case of new drug
molecules being exported. This technical material can be by way of standard references
Chemical Abstracts, Journal of Organic Chemistry and the like or copy of the relevant
patent.
m)
and
raw
materials
and
percentage
of
any
ENGINEERING PRODUCTS
a)
Model number, technical specification and specific quantity-both in terms of number (if any)
and/or weight, of each export product
b)
c)
d)
IMPORT ITEMS
A. COMPONENTS
i)
ii)
iii)
iv)
App.197
v)
B.
Bifurcated quantities of components to be accounted for in the resultant product and the
requirement of components as spares.
ii)
Detailed calculation for the quantity of each raw material, supporting drawings and net weight
of each item to be fabricated/manufactured from the said raw material.
iii)
Stage wise details on the net content in the resultant product with complete justification
thereof.
(IV)
b)
c)
Chemical name of Processing Aid, Blowing Agent & pigment proposed to be imported.
d)
Whether the scrap generated in the process is being reused or not. If not the technical
justification for its non-use may be furnished.
If the scrap is being sold, the sale
value/commercial value may be indicated.
e)
f)
g)
(V) PESTICIDES
a)
b)
Manufacturing process for pesticides for both technical grade as well as formulation, as the
case may be.
Detailed chemical reactions and material balance along with molecular weight of the
reactants, % yield and wastages at different stages of manufacturing process supported by
authentic/printed technical literature.
c)
Details of by-products, if any, formed during the reaction alongwith its recovery in terms of
quantity and value.
d)
e)
Registration Certificate issued from Central Insecticides Board for the manufacture of
pesticides (technical grade) and also pesticides formulations.
and
b)
c)
App.198
raw
materials
and
percentage
of
any
a)
b)
Balanced chemical reaction showing all the reactants, product and by-products(s) with their
molecular formulas and molecular weights.
Stage-wise % yield in respect of each reactant along with justification.
c)
d)
Authentic/ printed technical literature in support of yield or quantity of items applied for
import.
e)
Details of solvents charged during the process, quantity recovered and loss in process and
recovery.
f)
Details of by products formed during the process and their recovery in terms of quantity and
value.
g)
h)
b)
Coating composition in case of coated paper and percentage coating weight in the export
product.
App.199
APPENDIX 34
INFORMATION TO BE SUBMITTED IN CASES WHERE STANDARD INPUT OUTPUT NORMS ARE NOT
FIXED AND APPLICATION IS PREFERRED UNDER PARAGRAPH 4.42 AND 4.7 OF HANDBOOK
(VOL.1)
1. Details of Items required for manufacture of one Unit of Export Product:
S.
No.
Technical
Characteristics
ITC(HS)
Code
Quantity
required
per unit
of
resultant
product
Purpose of
requirement
*
Wasta
ge
claime
d
(%age)
on net
content
basis.
Recoverable wastage/by
product
Name
Quantity value
Purpose of requirement should be indicated against each item whether the same is required as raw
material, components, consumables solvents, catalysts, packing material etc.
S.
No.
Technical
Characteristics
ITC(HS
) Code
Quantity
required
per unit of
resultant
product
Purpose of
requirement
*
Wasta
Recoverable w astage/
ge
by product
claime Name
Quantvalue
d
ity
(%age
)
on net
conten
t basis.
2. Production and consumption data of the manufacturer/supporting manufacturer (of preceding three
licensing years duly certified by the Chartered Accountant/Cost and Works Accountant/Jurisdictional
Central Excise Authority +)
In case there is no past production, the Jurisdictional Central Excise Authority shall certify the
production and consumption data on the basis of production batch sheets and for this purpose the
firm shall maintain separate record of batch data for inputs consumed in the manufacture of the
export product.
Year
(1)
(2)
(3)
App.200
Quantity
consumed/unit
production
(4)
3.
Particulars of the licences obtained in the past and ratified by ALC (with or without modification)
for the same export product covered under this application.
S.No.
(1)
Licence
No &
Date
(2)
Description
of export
product
Description of
import items
(3)
(4)
(5)
ALC meeting
No & Date
when approved
(7)
4.
Please furnish technical details as per Appendix 33 depending upon the resultant product. Please
confirm.
5.
I have examined the applicant company's import requirements of raw materials, components etc with regard
to their technical description/ specification and the quantity against each item of import and having regard to
proper technical norms of consumption and after technical scrutiny of relevant designs and drawings, I
hereby certify that they are correct in all respects and are actually required for the execution of the
export/supply contracts for .........................
The list of Items covers _________ pages and contains __________ items for a total value of
Rs._____________ (in free foreign exchange _________ )
App.201
APPENDIX 35
FORMATS FOR
CLAIMING DUTY DRAWBACK ON ALL INDUSTRY RATES/FIXATION OF DRAWBACK RATES/
REFUND OF TERMINAL EXCISE DUTY
DBK I STATEMENT
Description of the Export Product supplied
manufacture of (No.of units of the export product).
_____________________
Bill
of
Materials*
issued
for
*(Bill of materials should consist of raw materials and components going into the manufacture of export
product supplied and the actual packing materials used).
S.
No.
Name of the
material/
component
Quality
Technical
characteristic
s
Whether
imported or
indigenous
By Product/ co product
Qty.
11
Unit
Gross qty.
required
Irrevo recover
Cable able
Wastage Qty
13
Remarks
14
Give convenient units by which goods are invoiced for export (e.g. per tonne, per dozen/Pcs., per Sq. meter
etc).
Notes:1.
The Units of quantity to be furnished in Col.6 should be given in such a manner that it could be related
to Statements II and III respectively.
2.
Maintenance stores/materials such as lubricating oil, greases, fuel etc. which are employed to run the
machinery and plant should be excluded.
3.
The data for packing materials should be for the same unit quantity for which data for export product for
raw materials and components have been given.
4.
Only those raw mater ials/components etc. to be indicated for which proof of payment of
Customs/Central Excise duties is shown in DBK-II/III. Details of such inputs need not be given where no
benefit of duty paid is claimed because of MODVAT or absence of proof of duty. Only a brief mention of
such inputs being used would be sufficient.
App.202
Station _____________
Dated _____________
Signature _________________
(Name & Designation of the Chief
Executive/Production incharge
(with seal.)
The consumption of various materials shown in DBK-I has been examined by us and these are
actually required and being consumed in the factory of production for manufacture of export product
supplied as checked by us on verification of the production process and relevant technical and related
documents.
b)
The imported materials above shown in DBK-I are being actually used in the manufacture of the
export product supplied and are not being substituted by indigenous materials;
c)
The wastage /co-product/by-product claimed are as per production process in the factory. There is no
suppression of co-product/by-products. The wastages claimed in our views are reasonable and are
comparable to the general norms for the industry. Where wastages are considered high, an indication
of the normal wastage in the industry has been indicated by us, under 'Remarks' column.
Signature____________________________
Name_______________________________
Designation__________________________
Address_____________________________
Place___________
Branch of Engg.
Date____________
in which qualified:_____________________
_____________________________________
_____________________________________
_____________________________________
App.203
DBK II STATEMENT
Direct import of materials/components made by the manufacturer and foreign materials obtained locally by
the manufacturer during the period commencing three months prior to the date of supply /first supply upto
the date of application, for manufacture of ______________________ (Name of export product supplied).
S.No.
Description
Heading
No. in
Customs
Tariff Act,
1975
10
Rate of
duty
11
TechniS.No. in
cal
DBK 1
charac- statement
terist-ics
3
4
Country from
which imported
and name of
supplier
Is
assessme
nt final
12
13
Name of the
Customs
House
Unit
Qty. imported
originally
Basic duty
+ Additional
Customs
Duty
14
Assessable
value
remarks
16
Notes:
1.
If any of the materials mentioned above have also been procured from indigenous origin, this must be
specifically stated in remarks column and full details of the procurement alongwith proof of payment of
duty should be furnished in DBK-III statement, even if it is claimed that they are not used in the products
exported.
2.
Minor items which do not contribute to any significant proportion to the expected drawback rates may be
ignored, at the discretion of the applicant.
3.
If the assessment against any B/E is not final the nature of dispute may be clearly indicated supported
by appropriate letter from concerned customs authorities. Normally no DBK is admitted for pr ovisionally
assessed B/Es.
4.
Refund application made against any B/E, with details must be indicated.
5.
Stock position of the above materials/Components also to be given separately (in linked statement II-A).
Signature ___________________
(Name & Designation of the Chief
Executive/ Production incharge
(with seal.)
Place:
Date:
App.204
DBK II A STATEMENT
Details of procurements relating to stock of imported materials as on commencement *date (*the date three
months prior to the date of supply /first supply required for the manufacture of
____________________________(Name of export product supplied).
S.No.
Description Techni-cal
S.No. in
Characteristi DBK I
cs
statement
Heading no.
in Customs
tariff Act,
1975
Rate of
duty
10
Country from
where
imported &
name of
supplier
11
Is
assesment
final
Basic duty
+ Addl
customs
duty
12
13 13A
Qty.
imported
originally
6A
Assessa-ble
value
Stock
as on
___
15
Remark
16
Note:1.
In this statement furnish details of stock of all the imported inputs mentioned in statements II which were
in stock 3 months prior to the date of shipment/first shipment of the export product and how these were
imported/procured. (Actual stock to be given under Col.15, with procurement details in other Columns).
2.
If the assessment for any of the inputs in stock as shown is not final, the nature and current status of
dispute may be clearly indicated. (Normally no DBK for provisionally assessed B/E are admitted).
3.
Refund applications made if any for procurement shown in stock with details to be indicated.
4.
Signature ___________________
(Name & Designation of the Chief
Executive/ Production incharge
(with seal.)
Place:
Date:
App.205
Descriptio
n
Effective rate of
duty paid
9
Technical
Characteristic
s
3
Amount of duty
paid
10
S.No. in
DBK-I
statement
4
Unit
Qty
purchased
Name and
address of
supplier
11
Assessabl
e value
Invoice
No.and date
Is assessment
on duty final
12
13
Central excise
tariff Heading
no.
8
Remark
14
Notes:1.
2.
3.
4.
5.
In this statement details of only those items which are chargeable to the excise duty to be given for
which proof of Central Excise duty can be established by Invoices.
Materials/Components specified in Drawback II Statement if these are also of indigenous origin and
procured locally should be included in this statement, whether dutiable or not. This is irrespective of the
fact whether the said
materials/components are used for export production or not. Where the said
materials/components are claimed to be only for manufacture of goods for local sales and not for
exports, this should be specifically indicated in the Remarks column, against the respective serial
number of the said material/component.
The particulars of Invoice numbers and date where the applicant is the consignee should be furnished
under col.11. Photocopies of all Invoices for inputs which are subject to Central Excise Duties of 20% or
higher and some representative copies for other Invoices must be enclosed.
If the assessment which is not final or duty is paid under protest the extent of dispute may please be
clearly indicated (copy of S V B Order to be attached).
Refund applications made if any against any Invoice with Details, to be indicated.
Signature ___________________
(Name & Designation of the Chief
Executive/ Production incharge
(with seal.)
Place:
Date:
App.206
S.
No.
Descriptio
n
Effective rate
of interest
8
Technical
Characteristic
s
3
Amount of
duty paid
9
Name and
address of
supplier
10
Unit
4A
Invoice
No. and
date
11
Qty
purchased
originally
5
Assessable
value
Central Excise
Tariff heading no.
Is assessment
of duty final
12
Stocks as
on _____
13
Remark
14
Notes:1.
In this statement furnish details of stock of all the indigenous materials mentioned in statements I & III
which were in stock three months prior to date of shipment/first shipment of the export product and how
these were procured (including Invoices Nos.etc.).
1A .In this statement details of only those items which are chargeable to the Excise Duty may be given for
which proof of payment of Central Excise duty can be established.
2.
3.
If the assessment which is not final or duty is paid under protest the extent of dispute may please be
clearly indicated.
4.
Signature ___________________
(Name & Designation of the Chief
Executive/ Production incharge
(with seal.)
Place:
Date:
App.207
APPENDIX 36
END USE CUM END USER CERTIFICATE IN CASE OF EXPORT OF SCOMET ITEMS
I /We (name of the end user)_______________________________________________________________
Certify that we are importing (name of the SCOMET item)________________________________________
From (name and address of the exporter) ____________________________________________________
Against our purchase order No _____________date___________________________as capital equipment/
Component / raw material / other use (specify)_________________________________________________
For the manufacture of (end product)_____________________________________ w hich will be used for
(state specific use )*_____________________________________________________________________.
( * if more than one use then enclose self certified list )
I/we further certify that that the items detailed in the referenced purchase order will not be used for any
purpose other than the purpose (s) stated above and that such use shall not be changed nor the items
modified or replicated without the prior consent of the Government of India. And further, if required, post
installation verification shall be allowed.
The end-user shall not himself , or through another , cause the items , or replicas , ore derivatives thereof to
be re-transferred / sold without the knowledge / consent of the Government of India, to any party within
(name of the country)___________________________________/ or outside it.
I/we also certify that all the facts contained in this certificate are true and correct to the best of my knowledge
and belief and that I/we do not know of any additional facts that are inconsistent with this certificate .
Place:
___________________________________
Signature of end-user / authorised signatory
of the end-user with stamp and seal
Date:
Name :____________________________
Designation:_______________________
Address & e-mail:___________________
CERTIFICATION ON BEHALF OF THE RECEPIENT STATE
(For Schedule 3 Chemicals of CWC , viz . Category 1 C of SCOMET list)
(To be filled for transfers of Schedule 3 Chemicals to states not party to the Convention)
It is hereby certified that the transferred Chemical referred to above will be used only for purposes
not prohibited / disallowed under the Chemical Weapons Convention and shall not be transferred to any
other person or re-exported from the recipient country.
Name
of
the
nomenclature)
chemical
(IUPAC
Quantity
Signature:_________________________
Name:____________________________
Position:__________________________
Organisation / State:_________________
Address:__________________________
App.208
chemical
(IUPAC
Quantity
Signature:_________________________
Name:____________________________
Position:__________________________
Organisation / State:_________________
Address:__________________________
App.209
APPENDIX 37A
LIST OF EXPORT ITEMS ALLOWED UNDER VISHESH KRISHI UPAJ YOJANA
To be notified
App.210
APPENDIX 37B
LIST OF IMPORT ITEMS NOT ALLOWED UNDER VISHESH KRISHI UPAJ YOJANA
Sl.No.
01
Garlic, Peas and all other Vegetables with a Duty of more than 30% under Chapter 7 of
ITC (HS) Classification of Export and Import items.
02
Coconut, Areca Nut, Oranges, Lemon, Fresh Grapes, Apple and Pears and all other fruits
with a Duty of more than 30% under Chapter 8 of ITC (HS) Classification of Export and
Import items.
03
All Spices with a Duty of more than 30% under Chapter 9 of ITC (HS) Classification of
Export and Import items (except Cloves)
04
Tea, Coffee and Pepper as per Chapter 9 of ITC (HS) Classification of Export and Import
items.
05
All Oil Seeds under Chapter 12 of ITC (HS) Classification of Export and Import items.
06
Natural Rubber as per Chapter 40 of ITC (HS) Classification of Export and Import items.
App.211
APPENDIX 38 A
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 No.22 OF 1992
The following Act of Parliament received the assent of the President on the 7th August, 1992, and is hereby
published for general information:-
CHAPTER I
PRELIMINARY
Short title and commencement
1.
(1) This Act may be called the Foreign Trade (Development and Regulation) Act, 1992.
(2) Sections 11 to 14 shall come into force at once and the remaining provisions of this Act
shall be deemed to have come into force on the 19th day of June 1992.
Definitions.
2.
In this Act, unless the context otherwise requires:(a) "Adjudicating Authority" means the authority specified in, or under, section 13;
(b) "Appellate Authority" means the authority specified in, or under, sub-section (1) of section 15;
(c) "conveyance"
any animal;
means any vehicle, vessel, aircraft or any other means of transport including
(d) "Director General" means the Director General of Foreign Trade appointed under section 6;
(e) "import" and "export" means respectively bringing into, or taking out of, India any goods by
land. sea or air;
(f) "Importer-exporter Code Number" means the Code Number granted under section 7;
(g) "licence" means a licence to import or export and includes a customs clearance permit
and any other permission issued or granted under this Act;
(h) "Order" means any order made by the Central Government under section 3; and
(i)
CHAPTER II
POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS AND ANNOUNCE EXPORT
AND IMPORT POLICY
Pow ers to make provision relating to imports and exports.
3.
(1)
The Central Government may by Order published in the Official Gazette, make provision for
the development and regulation of foreign
trade by facilitating imports and increasing
exports.
App.212
(2)
(3)
All goods to which any Order under sub-section (2) applies shall be deemed to be goods
the import or export of which has been prohibited under section 11 of the Customs Act,
1962 and all the provisions of that Act shall have effect accordingly.
All Orders made under the Imports and Exports (Control) Act, 1947 and in force immediately
before the commencement of this Act shall, so far as they are not inconsistent with the provisions
of this Act, continue to be in force and shall be deemed to have been made under this Act.
The Central Government may, from time to time, formulate and announce by notification in the
Official Gazette, the export and import policy and may also, in the like manner, amend that policy.
The Central Government may appoint any person to be the Director General of Foreign
Trade for the purposes of this Act.
The Central Government may, by Order published in the Official Gazette direct that any
power exercisable by it under this Act (other than the powers under sections 3,5,15,16 and
19) may also be exercised, in such cases and subject to such conditions, by the Director
General or such other officer subordinate to the Director General, as may be specified in the
Order.
CHAPTER III
IMPORTER-EXPORTER CODE NUMBER AND LICENCE
No person shall make any import or export except under an Importer-exporter Code Number
granted by the Director General or the officer authorised by the Director General in this
behalf, in accordance with the procedure specified in this behalf by the Director General.
(1) Where :(a) any person has contravened any law relating to Central excise or customs or foreign
exchange or has committed any other economic offence under any other law for the
time being in force as may be specified by the Central Government by notification in
the Official Gazette, or
(b) the Director General has reason to believe that any person has made an export or
import in a manner gravely prejudicial to the trade relations of India with any foreign
country or to the interests of other persons engaged in imports or exports or has
brought disrepute to the credit or the goods of the country, the Director General may call
for the record or any other information from that person and may, after giving to that
person a notice in writing informing him of the grounds on which it is proposed to
suspend or cancel the Importer-exporter Code Number and giving him a reasonable
opportunity
of making a representation in writing within such reasonable time as may
be specified in the notice and, if that person so desires, of being heard, suspend for a
period, as may be specified in the order, or cancel the Importer-exporter Code
Number granted to that person.
(2) where any Importer-exporter Code Number granted to a person has been suspended or
cancelled under sub-section (1), that person shall not be entitled to import or export any
goods except under a special licence, granted, in such manner and subject to such
conditions as may be prescribed, by the Director General to that person.
App.213
The Central Government may levy fees, subject to such exceptions, in respect of such
person or class of persons making an application for a licence or in respect of any licence
granted or renewed in such manner as may be prescribed.
(2) The Director General or an officer authorised by him may, on an application and after making
such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import
or export such class or classes of goods as may be prescribed, after recording in writing
his reasons for such refusal.
(3) A licence granted or renewed under this section shall (a) be in such form as may be prescribed;
(b) be valid for such period as may be specified therein; and
(c) be subject to such terms, conditions and restrictions as may be prescribed or as
specified in the licence with reference to the terms, conditions and restrictions so
prescribed.
(4) The Director General or the officer authorised under sub-section (2) may, subject to such
conditions as may be prescribed for good and sufficient reasons, to be recorded in writing
suspend or cancel any licence granted under this Act:
Provided that no such suspension or cancellation shall be made except after giving the
holder of the licence a reasonable opportunity of being heard.
(5) An appeal against an order refusing to grant, or renew or suspending or canceling, a licence
shall lie in like manner as an appeal against an order would lie under section 15.
CHAPTER IV
SEARCH, SEIZURE, PENALTY AND CONFISCATION
Pow er relating to search and seizure
10. (1)
The Central Government may, by notification in the Official Gazette, authorise any person
for the purposes of exercising such powers with respect to entering such premises and
searching inspecting and seizing of such goods, documents, things and conveyances
subject to such requirements and conditions, as may be prescribed.
(2) The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures
shall, so far as may be, apply to every search and seizure made under this section.
Contravention of provisions of this Act, rules, orders and export and import policy.
11. (1)
No export or import shall be made by any person except in accordance with the provisions of
this Act, the rules and orders made ht ereunder and the export and import policy for the time
being in force.
(2) Where any person makes or abets or attempts to make any export or import in contravention
of any provision of this Act or any rules or orders made thereunder or the export and import
policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the
value of the goods in respect of which any contravention is made or attempted to be made,
whichever is more.
(3) Where
any person, on a notice to him by the Adjudicating Authority, admits any
contravention, the Adjudicating Authority may, in such class or classes of cases and in such
manner as may be prescribed, determine, by way of settlement, an amount to be paid by that
person.
(4) A penalty imposed under this Act may, if it is not paid, be recovered as an arrear of land
revenue and the Importer-exporter Code Number of the person concerned, may, on failure
to pay the penalty by him, be suspended by the Adjudicating Authority till the penalty is paid.
App.214
(5) Where any contravention of an provision of this Act or any rules or orders made thereunder or
the export and import policy has been, is being or is attempted to be made, the goods
together with any package, covering or receptacle and any conveyances shall, subject to
such requirements and conditions as may be prescribed, be liable to confiscation by the
Adjudicating Authority.
(6) The goods or the conveyance confiscated under sub-section (5) may be released by the
Adjudicating Authority, in such manner
and subject to such
conditions as may
be
prescribed, on payment by the person concerned of the redemption charges equivalent to
the market value of the goods or conveyance, as the case may be.
Penalty or confiscation not to interfere with other punishments.
12. No penalty imposed or confiscation made under this Act shall prevent the imposition of any other
punishment to which the person affected thereby is liable under any other law for the time being in
force.
Adjudicating Authority
13. Any penalty may be imposed or any confiscation may be adjudged under this Act by the Director
General or, subject to such limits as may be specified, by such other officer as the Central
Government may by notification in the Official Gazettte, authorise in this behalf.
Giving of opportunity to the owner of the goods, etc.
14. No order imposing a penalty or of adjudication of confiscation shall be made unless the owner of
the goods or conveyance or other person concerned, has been given a notice in writing (a) informing him of the grounds on which it is proposed to impose a penalty or to
such goods or conveyance; and
confiscate
(b) to make a representation in writing within such reasonable time as may be specified in
the notice against the imposition of penalty or confiscation mentioned therein, and, if he
so desired, of being heard in the matter.
CHAPTER V
APPEAL AND REVISION
15. (1)
Adjudicating Authority
(b) where the decision or order has been made by an officer subordinate to the Director
General, to the Director General or to any officer superior to the Adjudicating Authority
authorised by the Director General to hear the appeal, within a period of forty-five days
from the date on which the decision or order is served on such person:
Provided that the Appellate Authority may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the aforesaid per iod,
allow such appeal to be preferred within a further period of thirty days:
Provided further that in the case of an appeal against a decision or order
imposing a penalty or redemption charges, no such appeal shall be entertained
unless the amount of penalty or redemption charges has been deposited by the
appellant;
Provided also that, where the Appellate Authority is of opinion that the
deposit to be made will cause undue hardship to the appellant, it may, at its
discretion dispense with such deposit either unconditionally or subject to such
conditions as it may impose.
(2) The Appellate Authority may, after giving to the appellant a reasonable opportunity of
being heard, if he so desires, and after making suc h further inquiries, if any, as it may
consider necessary, make such orders as it thinks fit, confirming, modifying or reversing
the decision or order appealed against, or may send back the case with such directions as it
App.215
may think fit, for a fresh adjudication or decision, as the case may, be after taking additional
evidence if necessary:
Provided that an order enhancing or imposing a penalty or redemption charges or
confiscating goods of a greater value shall not be made under this section unless the
appellant has been given an opportunity of making a representation, and if he so desires
of being heard in his defence.
(3) The order made in appeal by the Appellate Authority shall be final.
App.216
Revision.
16. The Central Government in the case of any decision or order, not being a decision or order
made in an appeal, made by the Director General, or the Director General in the case of any
decision or order made by any officer subordinate to him, may on its or his own motion or
otherwise, call for and examine the records of any proceeding in which a decision or an order
imposing a penalty or redemption
charges or adjudicating confiscation has been made
and against which no appeal has been preferred, for the purpose of satisfying itself or himself, as
the case may be, as to the correctness, legality or propriety of such decision or order and make
such orders thereon as may be deemed fit:
Provided that no decision or order shall be varied under this section so as to prejudicially
affect any person unless such
(a) has, within a period of two years from the date of such decision or order, received a notice
to show cause why such decision or order shall not be varied, and
(b) has been given a reasonable opportunity of
being heard in his defence.
App.217
CHAPTER VI
MISCELLANEOUS
Protection of action taken in good faith
18. No order made or deemed to have been made under this Act shall be called in question in any
court, and no suit, prosecution or other legal proceeding shall lie against any person for anything
in good faith done or intended to be done under this Act or any order made or deemed to have
been made thereunder.
Pow er to make rules.
19. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying
out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:(a) the manner in which and the conditions subject to which a special licence may be
issued under sub-section (2) of section 8;
(b) the exceptions subject to which and the person or class of persons in respect of whom
fees may be levied and the manner in which a licence may be granted or renewed
under sub-section (1) of section 9;
(c) the class or classes of goods for which a licence may be granted under sub-section (2) of
section-9;
(d) the form in which and the terms, conditions and restrictions subject to which licence
may be granted under sub-section (3) of section 9;
(e) the conditions subject to which a licence may be suspended
section (4) of section 9;
(f) the premises, goods, documents, things and conveyances in respect of which
and
the requirements and conditions subject to which power of entry, search,
inspection and seizure may be exercised under sub-section (1) of section 10;
(g) the class or classes of cases for which and the manner in which an amount by way of
settlement, may be determined under sub- section (3) of section 11;
(h) the requirements and conditions subject to which goods
liable to confiscation under sub-section (5) of section 11;
be
(i)
the manner in which and the conditions subject to w hich goods and conveyances may be
released on payment of redemption charges under sub-section (6) of section 11; and
(j)
may
(3) Every rule and every Order made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each house of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or the Order or both Houses agree that the rule or the Order should
not be made, the rule or the Order, as the case may be, shall thereafter have effect only in
such modified form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule or the Order.
Repeal and saving
20. (1)
(2) The repeal of the Imports and Exports (Control) Act, 1947 shall however, not affect -
App.218
or
(d) any proceeding or remedy in respect of any such right, privilege obligation, liability,
penalty,
confiscation or
punishment
as aforesaid, and any such proceeding or
remedy may be instituted, continued or enforced and any such penalty, confiscation
or punishment may be imposed or made as if that Act had not been repealed.
Ord. 11 of 1992.
(3) Notwithstanding the repeal of the Foreign Trade (Development and Regulation)
Ordinance,
1992, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.
App.219
APPENDIX 38 B
Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993,
MINISTRY OF COMMERCE
(Director General of Foreign Trade)
ORDER
New Delhi the 31st December,1993
S.O. 1056(E) - in exercise of the powers conferred by section 3, read with section 4, of the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992) and in supersession of the Imports (Control) Order,
1955 and the Exports (Control) Order, 1988, except as respects things done or omitted to be done before
such supersession, the Central Government hereby makes the follow ing order, namely:1.
2.
This Order may be called the Foreign Trade (Exemption from application of Rules in certain
cases) Order, 1993,
(2)
It shall come into force on the date of its publication in the Official Gazette.
Definitions.
3.
(a)
"Act" means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);
(b)
"Import Trade Regulations" means the Act and the rules and order made thereunder and
the export and import policy;
(c)
(d)
Words and expressions used in this Order and not defined but defined in the Act shall have
the meanings respectively assigned to them in the Act.
Exemption from the application of rules.(1) Nothing contained in the Rules shall apply to the import of any goods,
(a) by the Central Government or agencies, undertakings owned and
Central Government for Defence purposes;
controlled by the
(b) by the Central Government or any State Government Statutory Corporation, public body
or Government Undertaking run as a joint Stock Company through the agency of the
Purchase Organisations of the Ministry of Supply, that is India Supply Mission, London and
India Supply Mission, Washington;
(c) by the Central Government, any State Government or any statutory corporation or
public body or Government Undertaking run as a joint Stock Company, orders in respect of
which are placed through the Directorate General, Supplies and Disposals, New Delhi;
(d) by transshipment or imported and bonded on arrival for re-export as ships stores to any
country outside India except Nepal and Bhutan or imported and bonded on arrival for reexport
as aforesaid
but
subsequently released for use of Diplomatic personnel,
Consular Officers in India and the officials of the United Nations Organisation and its
specialised agencies who are exempt from payment of duty under the notification of the
th
Government of India in the Ministry of Finance (Department of Revenue) No. 3 dated 8
January, 1957 and the United Na tions (Privileges and Immunities) Act, 1947 (46 of
1947) respectively;
(e)
imported and bonded on arrival for sale at approved duty-free shops, whether to outgoing
or incoming passengers, against payments in free foreign exchange;
App.220
(f) which are in transit through India by post or otherwise, or are redirected by post or
otherwise to a destination outside India, except Nepal and Bhutan provided that such
goods while in India are always in the custody of the postal or customs authorities;
(g) for transmission across India
by air to Afghanistan or by land, to any other country
outside India, except Nepal and Bhutan under claim for exemption from duty or for refund of
duty either in whole or in part:
Provided that such goods are imported by or on behalf of the Government or a
country bordering on India or that the importer undertakes to produce within a
specified period evidence that such goods have crossed the borders of India or in default
to pay such penalty as the proper officer of customs may deem fit to impose on such
goods:
Provided further that nothing
Import Trade Regulations;
contained
(h) by the person as passenger baggage to the extent admissible under the Baggage Rules
for the time being in force except quinine exceeding five hundred tablets or 1/3 lb
powder or one hundred ampoules:
Provided that in the case of imports by a tourist, articles of high value whose reexport
is obligatory under rule 7 of the tourist Baggage Rules, 1978 shall be re-exported on
his leaving India, failing which such goods shall be deemed to be goods of which the
import has been prohibited under the Customs Act, 1962 (52 of 1962);
Provided further that the import of gold in any form including ornaments (but excluding
ornaments
studded with stones or pearls) will be allowed as part of baggage by
passengers of Indian origin or a passenger holding a valid passport issued under the
passports Act, 1967 (15 of 1967) subject to the following conditions namely:(a) that the passenger importing the gold is coming to India after a period of not less
than six months of stay abroad;
(b) the quantity of gold imported shall not exceed 5 kilograms per passenger;
(c) import duty on gold shall be paid in convertible foreign currency; and
(d) there will be no restriction on sale of such imported gold.
(i)
(k)
from any country, which are exempted from Customs duty on re- importation under section
20 of the Customs Act, 1962 (52 of 1962) or under Customs Notification Nos. 113 dated
16th May, 1957, 103 dated 25th March, 1958, 260 and 261 dated 11th October, 1958,
App.221
269, 271, 273, 274, 275 and 276 dated 25th October, 1958 and 204 dated 2nd August,
1976, of the Government of India, Ministry of Finance (Department of Revenue), or
th
Notification No.
174 dated the 24 September, 1966 or Notification No. 103 dated the
16th May, 1978, of the Government of India, Ministry of Finance (Department of
Revenue and Insurance) or Notification No. 80 dated 29th August, 1970;
(l)
of Indian manufacture and foreign made parts of such goods, exported and received back
by the manufacture from the consignee for repair and re-export: Provided that
(i)
the customs authorities are satisfied that the goods received back by
manufacturers are the same which were so exported; and
(ii)
App.222
the said
(m) by officials of
the United Nations Organisation and its specialised agencies who are
exempted from payment of Customs duty under the United Nations ( Privileges and
Immunities) Act, 1947 (46 of 1947);
(n) by the Ford Foundation who are exempt from payment of Customs duty under an
Agreement entered into between the Government of India and the Ford Foundation;
(o) being vehicles as defined in Article I of the Customs
Convention on
the
Temporary
Importation of Private Road Vehicles or the component parts thereof referred to in Article 4
of the said Convention and which are exempted from payment of customs duty under
the notification of the Government of India in the
Ministry of
Finance (Department
of
Revenue) No. 296 dated the 2nd August, 1976:
Provided that
(i)
such vehicles or component parts are reexported within the period specified in
the said notification or within such further period as the customs authorities
may allow;
(ii)
the
provisions of
the
said notification or of the "triptyque or Carnel-DePassage"
permit
are not contravened
in relation
to
such vehicle or
component parts;
Provided further that nothing contained in this item shall prejudice the application to
the said vehicles or component parts of any other prohibition or regulation affecting the
import of goods that may be in force at the time of import of such goods;
(p) being goods imported temporarily for display or use in fairs, exhibitions or similar events
specified in Schedule I to the notification of the Government of India in the Ministry of
Finance
(Department
of
Revenue)
No.157/90/CUSTOMS, dated the 28th March,
1990 against
ATA
carnets
under the
Customs Convention on the ATA Carnets for
temporary admission of goods (ATA Convention) done at Brussels on the 30th July, 1963;
App.223
Provided that
(i)
such goods are exported within a period of six months from the date of clearance
or such extended period as the Central Government may allow in each case; and
(ii)
the
provisions
contravened:
of
the
Provided further that nothing contained in this item shall prejudice the application to the
said goods of any other prohibition or regulation affecting the import of goods that may be in
force at the time of import of such goods;
(q) covered by an import licence issued by His Majesty's Government of Nepal and the importer
furnishes a bond to the proper officer of customs in the form prescribed by such officer with
a Scheduled Bank as surety to the effect that he shall pay the duty and pay penalty imposed
for contravening
Import Trade Regulations in respect of the whole or any portion of the
goods which is not proved to have entered the territory of Nepal;
(r)
of Indian manufacture or by the central Government or any State Government for repair
and re-export to Indian Embassies abroad or to any other office of the Central Government or
State Government in a foreign country;
(2)
Nothing contained in the Rules shall apply to (a) any goods exported by or under the authority of the Central Government;
(b) any goods other than food-stuffs constituting the stores or equipment of any outgoing vessel
or conveyance;
(c) any goods constituting the bona fide personal baggage of any person, including a passenger
or member of a crew in any vessel or conveyance, going out of India:
Provided that the Wild Life (dead, alive or part thereof or produce therefrom) shall not be
treated as part of such personal baggage;
(d) any goods exported by post or by air under the conditions specified in postal notice issued by
the Postal Authorities;
(e) any goods transhipped at a port in India after having
at the time of despatch from a port outside India;
(f) any goods imported and bonded on arrival
India, except Nepal and Bhutan;
goods
in
re-
directed by post
the custody
of
the
to
postal
(h) any goods imported without a valid import licence and exported in accordance with an
order for the export of such goods made by the proper officer of Customs;
(i)
products approved for manufacture in and export from the respective free Trade
Zones/Export Processing Zones and 100 per cent Export Oriented Units except textile item
covered by bilateral agreements, exports to Rupee Payment countries under the Annual
Trade Protocol and Exports against payment in Indian Rupees to former Rupee payment
countries;
App.224
Provided that conditions imposed in the latter of approval/letter of indent on Export Oriented
Unit or Export Processing Zone will be binding on such a unit;
(j)
export of Blood group Oh (Bombay Phonotype) meant for scientific research or emergency
medical treatment as life saving measure on humanitarian grounds by the Director, National
Blood Group Reference Laboratory, Bombay on the basis of a certificate issued by him to
this effect in each case;
(k)
export of samples of lubricating oil additives, Lube Oil, crude oil and other related
petroleum products and raw materials used to manufacture Lube Additives by Lubrizols
India Limited, Hindustan
Petroleum Corporation
Limited,
and
Bharat
Petroleum
Corporation Limited, from their installation in India to Lubrizol's Laboratories in the United
States of America and the United Kingdom for evaluation and testing purposes.
App.225
NOTIFICATION
New Delhi, the 31st December, 1993
S.O. 1057(E) - In exercise of the powers conferred by sub- section(1) of section 10 of the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992), the Central government hereby authorises the
officers specified in the Table below to exercise powers with respect to entering such premises and
searching, inspecting and seizing of such goods, documents, things and conveyances as are specified in
rule 17 of the Foreign Trade (Regulation) Rules, 1993, subject to the requirements prescribed therein.
TABLE
S.No.
Designation of officer
1.
2.
3.
4.
5.
6.
App.226
NOTIFICATION
New Delhi, the 20th January, 1999
S.O.24(E,
In exercise of the powers conferred by section 13 of the Foreign Trade (Development and
Regulation)Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in
the Ministry of Commerce No. S.O. 145(E), dated 24 th February 1998 published in Gazette of
India(Extraordinary) Part-ii, Section 3, Sub-section (ii) except as respects things done or omitted to
be done before such supersession,the Central Government hereby authorises the officers specified
in column 2 of the Table below for the purposes of exercising powers under section 13 read with
section 11, subject to the limits specified against such officers in the corresponding entry in column 3
of the said Table, namely:TABLE
Sl.No.
Designation of officer
1.
2.
3.
4.
5.
6.
App.227
NOTIFICATION
th
(1)
(2)
7
(3)
Development Commissioner,
Export Processing Zone
In Export Processing Zone
Under their jurisdiction.
[F.No. 18/9/97-98/ECA-III/I]
N.L. Lakhanpal,Director General of
Foreign Trade & Ex-Officio Addl.Secy
App.228
NOTIFICATION
New Delhi, the 31st December,1993
S.O. 1059(E), In exercise of the powers conferred by clause(b) of sub-section(1) of section 15 of the
oreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby
authorises the officers specified in column 3 of the Table below to function as Appellate Authority against
the orders passed by the Adjudicating Authorities authorised by the Central Government under section
13 of the said Act and specified in column 2 of the said Table.
TABLE
S.No.
Appellate Authority
1.
2.
3.
Foreign Trade
4.
5.
App.229
NOTIFICATION
th
S.O.193(E).- In exercise of the powers conferred by clause (b) of sub-section(1) of section 15 of the Foreign
Trade (Development and regulation) Act,1992 (22 of 1992), the Central Government hereby authorises the
officers specified in column (3) of the table below to function as Appellate Authority against the orders
passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said
Act and specified in column (2) of the said Table, and makes the following amendments in the notification of
st
December, 1993,
namely :In the said notification in the table, after serial number 5 and the entries relating thereto, the
following serial number and the entries shall be inserted, namely :-
(1)
(2)
(3)
Development Commissioner
Export Processing Zone
[F.No. 18/9/97-98/ECA-III/I]
N.L.Lakhanpal, Director General of
Foreign Trade & Ex-Officio Addl.Secretary.
App.230
ORDER
New Delhi, the 31st December, 1993
S.O. 1060(E), In exercise of the powers conferred by sub-sections (2) and (4) of section 9 of the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992), the Director General authorises the officers
mentioned in the Table below to grant or renew or refuse to grant or renew or to suspend or to cancel a
licence for the purposes of import or export of goods.
TABLE
The Designation of the Officers
S.No.
1.
Throughout India
2.
Throughout India
3.
Throughout India
(a)
Throughout India
(b)
4.
5.
Throughout India
(a)
Throughout India
(b)
6.
7.
Throughout India
(a)
Throughout India
(b)
App.231
ORDER
New Delhi, the 31st December, 1993
S.O. 1061(E), In exercise of the powers conferred by sections 7 of the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992), the Director General authorises the officers mentioned in the Table
below to grant importer-exporter Code number in accordance with the provisions of the aforesaid section.
S.No.
1.
Throughout India
2.
Throughout India
3.
Throughout India
(a)
Throughout India
(b)
4.
5.
Throughout India
(a)
Throughout India
(b)
6.
7.
Throughout India
(a)
Throughout India
(b)
App.232
APPENDIX 38 C
FOREIGN TRADE (REGULATION) RULES, 1993
MINISTRY OF COMMERCE
(Directorate General of Foreign Trade)
NOTIFICATION
New Delhi, the 30th December, 1993
G.S.R. 791(E) - In exercise of the powers conferred by section 19 of the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992), the Central Government hereby makes the following rules, namely. 1.
Short title and commencement,(1) These rules may be called the Foreign Trade (Regulation) Rules, 1993.
(2) They shall come into force on the date of their publication in the Official Gazette.
2.
DefinitionsIn these rules unless the context otherwise requires , (a) "Act" means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);
(b) "charitable purpose" includes relief of the poor, education, medical relief, and the advancement of
any other object of general public utility;
(c)
imports
3.
(i)
"value" has the meaning assigned to it in clause (41) of section 2 of the Customs Act, 1962 (52
of 1962);
(j)
words and expression used in these rules and not defined but defined in the Act shall have the
meanings respectively assigned to them in the Act.
Where the Importer -exporter Code Number granted to any person has been suspended or
cancelled under sub-section (1) of section 8, the Director General may, having regard to the
following factors, grant to him a special licence, namely:(1) that the denial of a special licence is likely to affect the foreign trade of India adversely; or
(2) that the suspension or cancellation of the Importer- exporter Code Number
lead to non-fulfillment of any obligation by India under any international agreement;
(2) The special licence granted to any person under sub-rule (1) shall be non-transferable.
4.
App.233
is
likely
to
A person may make an application for the grant of a licence to import or export goods in accordance
with the provisions of the Policy or an Order made under section 3.
5. Fee(1) Every application for a licence
Schedule.
to import shall
Government,
State
Government
or
(b) any local authority for the bona-fide import of goods required by it for official use;
(c) any institution set up for educational, charitable
goods required for its use;
(d) an applicant for the import of any goods (other than a vehicle) if the import of the goods is for
his personal use which is not connected with trade or manufacture.
(4) The fee once received will not be refunded except in the following circumstances, namely:(i) where the fee has been deposited in ex cess of the specified scale of fee; or
(ii) where the fee has been deposited but no application has been made; or
(iii) where the fee has been deposited in error but the applicant is exempt from payment of fee.
6.
Conditions of licence(1) It shall be deemed to be a condition of every licence for export that:(i)
no person shall transfer or acquire by transfer any licence issued by the licensing authority
except in accordance with the provisions of the Policy;
(ii)
the goods for the export of which the licence is granted shall be the property of the
licensee at the time of the export.
(2) The licensing authority may issue a licence for import subject to one or more of the following
conditions, namely:(a) that the goods covered by the licence shall not be disposed of except in accordance with
the provisions of the Policy or in the manner specified by the licensing authority in the licence;
(b)
(3) It shall be deemed to be a condition of every licence for import that :(a) no person shall transfer or acquire by transfer any licence issued by the licensing
authority except in accordance with the provisions of the Policy;
(b) the goods for the import of which a licence is granted shall be the property of the licensee at
the time of import and upto the time of clearance through customs;
(c) the goods for the import of which a licence is granted shall be new goods, unless otherwise
stated in the licence;
(d) the goods covered by the licence for import shall not be exported without the written
permission of the Director General.
(4) Any person importing goods from the United States of America in accordance with the terms of
the Indo-US Memorandum of Understanding on Technology Transfer shall also comply with all
the conditions and assurances specified in the Import Certificate issued in terms of such
App.234
Memorandum, and such other assurances given by the person importing those goods to the
Government of the United States of America through the Government of India.
7. Refusal of licence(1) The Director General or the licensing authority may for reasons to be recorded in writing,
refuse to grant or renew a licence
(a) the applicant has contravened any law relating to customs or foreign exchange;
(b) the application for the licence does not
rules;
any
false
or
(d) it has been decided by the Central Government to canalise the export or import of
goods and distribution thereof, as the case may be, through special or specialised
agencies;
(e) any action against the applicant is for the time being pending under the Act or
and Orders made thereunder;
rules
the applicant or any agent or employee of the applicant with his consent has been a
party to any corrupt or fraudulent practice for the purposes of obtaining any other
licence;
(j)
for a licence
in the case of a licence for import, no foreign exchange is available for the purpose;
(m) the application has been signed by a person other than a person duly authorised by the
applicant under the provisions of the Policy;
(n) the applicant has attempted to obtain or has obtained cash compensatory support,
duty drawback, cash assistance benefits allowed to Registered Exporters or any other
similar benefits from the Central Government or any agency authorised by the Central
Government in relation to exports made by him on the basis of any false, fraudulent
or misleading
statement or
any document which is false or fabricated or tampered
with.
(2) The refusal of a ilcence under sub-rule(1) shall be without prejudice to any other action that may
be taken against an applicant by the licensing authority under the Act.
8. Amendment of licence
The licensing authority may of its own motion or on an application by the licensee, amend any
licence in such manner as may be necessary or to rectify any error or omission in the licence.
9. Suspension of a licence
(1) The Director General or the licensing authority may by order in writing, suspend the operation of a
licence granted to (a) any person, if an order of detention has been made against
provisions of the Conservation of Foreign Exchange and
Activities Act, 1974 (52 or 1974); or
App.235
(b) a partnership firm or a private limited company, if the person referred to in clause (a) is a
partner or a whole time director or managing director, as the case may be, of such firm or
company; Provided that the order of suspension shall cease to have effect in respect of the
aforesaid person or, as the case may be, the partnership firm or company, when the order
of detention made against such
(i)
(ii)
(b)
the licensee has committed a breach of any of the conditions of the licence; or
(c)
(d)
11. Declaration as to value and quality of imported goodsOn the importation into, or exportation out of, any customs ports of any goods, whether liable to
duty or not, the owner of such goods shall in the Bill of Entry or the Shipping Bill or any other documents
prescribed under the Customs Act 1962, state the value, quality and description of such goods to the best
of his knowledge and belief and in case of exportation of goods, certify that the quality and specification of
the goods as stated in those documents, are in accordance with the terms of the export contract entered
into with the buyer or consignee in pursuance of which the goods are being exported and shall
subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or Shipping Bill or
any other documents.
12. Declaration as to Importer -exporter Code Number
On the importation into or exportation out of any Customs port of any goods the importer or
exporter shall in the Bill of Entry of Shipping Bill or, as the case may be, in any other documents
prescribed by rules made under the Act or the Customs Act, 1962 (52 of 1962), state the Importerexporter Code Number allotted to him by the competent authority.
13. Utilisation of imported goods
(1) No person shall use any imported goods allotted to him by the State Trading Corporation of India
or any other agency recognised by the Central Government in a manner and for the purpose,
otherwise than as declared by him in his application for such allotment or in any document
submitted by him in support of such application.
(2) No person shall dispose of any goods imported by him against a licence except in accordance with
the terms and conditions of such licence.
14. Prohibition regarding making, signing of any declaration, statement or
(1) No person shall make, sign or use or cause to be made signed or used any declaration,
statement or document for the purposes of obtaining a licence or importing any goods
App.236
knowing or having reason to believe that such declaration, statement or document is false in any
material particular.
(2) No person shall employ any corrupt or fraudulent practice for the purposes of obtaining any licence
or importing or exporting any goods.
15. Power to enter premises and inspect, search and seize goods, documents, things and
(1) Any person authorised by the Central Government under sub-section (1) of section 10
(hereinafter called
the authorised person) may, at any reasonable time enter any premises in
which(i)
any imported goods or materials which are liable to confiscation under the provision of the
Act; or
(ii)
any books of accounts or documents or things which, in his opinion, will be useful for, or
relevant to any proceedings under the Act, are suspected to have been kept or concealed
and may inspect such goods, materials, books or accounts, documents or things and may take
such notes or extracts therefrom as he may think fit.
(ii)
any books of accounts or documents or things which, in his opinion, will be useful for, or
relevant to, any proceedings under the Act, are secreted in any premises he may enter
into and search such premises for such goods, materials, books of accounts, documents or
things.
(3) (a)
If the authorised person has reason to believe that any imported goods or materials are liable
to confiscation under the Act, he may seize such goods or materials together with the
package, covering or receptacle, if any, in which such goods or materials are found to have
been mixed with any other goods or materials;
Provided that where it is not practicable to seize any such goods or materials, the
authorised person may serve on the owner of the goods or materials an order that he
shall not remove, part with or otherwise deal with the goods or materials except with the
previous permission of the authorised person.
(b) Where any goods or materials are seized under clause (a) and no notice in respect thereof is
given within six months of the seizure of the goods or materials, the goods or materials
shall be returned to the person from w hose possession they were seized.
Provided that the aforesaid period of six months may, on sufficient cause being shown,
be extended by the Director General for a further period not exceeding six months.
(c) The authorised person may seize any books of accounts or documents or things which in his
opinion, will be useful for, or relevant to, any proceedings under the Act.
(d) The person from whose custody any documents are seized under this sub-rule, shall be
entitled to make copies thereof or take extracts therefrom in the presence of the authorised
person.
(e) In any person legally entitled to the books of account or other documents or things seized
under this sub-rule objects, for any reason, the retention by the authorised person of the
books of account or the documents or things, he may move an application to the Central
Government stating therein the reasons for such objection, request for the return of
the books of account or documents or things.
(f) On receipt of the application under clause (e), the Central Government may, after giving
the applicant an opportunity of being heard, pass such order as it may think fit.
(g) Where any document is produced or furnished by any person or has been seized from the
custody or control of any person under the Act or has been received from any place outside
India in the course of the investigation for any contravention referred to in section 11 by any
person and such document is tendered in evidence against the person by whom it is
produced or from whom it was seized or against such person or any other person who is
jointly proceeded against, the Adjudicating Authority, shall,
notwithstanding anything to
the countrary contained in any other law for the time being in
App.237
(i)
presume, unless the contrary is proved, that the signature and every other part of such
document which purports to be in the handwriting of any particular person of which
the Adjudicating Authority may reasonably assume to have been signed by or to be
in the handwriting of any particular person, is under the person's handwriting, and
in the case of a document executed or attested, it was executed or attested by the
person by whom it purports to have been so executed or attested;
(ii)
admit the document in evidence notwithstanding that it is not duly stamped, if such
document is otherwise admissible in evidence.
(4) The authorised person, may, if he has reason to suspect that any conveyance or animal is being
or is about to be used for the transportation of any imported goods or material which are liable to
confiscation under the Act, and that by such transportation any provision of the Act has been , is
being or is about to be contravened at any time, stop such conveyance or animal or in the
case of aircraft compel it to land, and
(a) rummage and search the conveyance any part thereof;
(b) examine and search any goods or material in the conveyance or on the animal;
(c) if it becomes necessary to stop any conveyance or animal, he may use all lawful means
for stopping it and where such means fail, the conveyance or animal may be fired upon.
and where he is satisfied that it is necessary so to do to prevent the contravention of any
provision of the Act or of the rules and orders made thereunder or the Policy or condition
of any licence, he may seize such conveyance or animal.
Explanation-
Any reference in this rule to a conveyance shall, unless the context otherwise requires,
be construed as including a reference to an aircraft, vehicle or vessel.
16. Settlement(1) The Adjudicating Authority may determine the amount of settlement to be paid by the person to
whom a notice has been issued and who has opted for settlement and has admitted the
contravention specified in the notice, in the following cases, namely:(i)
where it is of the opinion that the contravention of any provision of the Act or these rules or
the Policy has been made without mensrea or without wilful mistake or without suppression
of facts, or without any collusion, or without fraud and forgery, or without an intent to cause
loss of foreign exchange; or
(ii)
where the person importing the goods has not met the requirements of the actual user
conditions as specified in the Policy and has not misutilised the said imported goods; or
(iii) where the person importing the goods has not fulfilled the export obligation and has not misutilised the said imported goods.
(2) Where a person has opted for settlement under sub-rule
Adjudicating Authority shall be final.
(1) the
settlement
made by the
17. Confiscation and redemption(1) any imported goods or materials in respect of which
(a) any condition of the licence, or letter
relating to their utilisation or distribution ; or
of
(b) any
condition, relating to
their utilisation
or distribution, subject to which they were
received from or through, an agency recognised by the Central Government; or
(c) any condition imposed under the Policy with regard to the sale or disposal of such goods or
materials;
has been, is being, or is attempted to be, contravened, shall together with any package,
covering or receptacle in which such goods are found, be liable to be confiscated by
the Adjudicating Authority, and where such goods or materials are so mixed with any other
goods or materials that they cannot be readily separated, such other goods or materials
shall also be liable to be so confiscated:
App.238
SCHEDULE
(See rule 5)
The following fee shall be leviable in respect of the application for an import licence etc.
SCALE OF FEE
S.No.
1
1.
2.
3.
4.
5.
6.
7.
8.
9.
Note-
Particulars
2
Amount of Fee
3
The amount of fee payable shall be rupees two hundred in respect of an application for import
licence by a small scale actual user or a registered exporter, for the import of raw materials,
components and spares where the value of the goods specified in the application does not exceed
rupees two lakhs.
*******
App.239