Dear Sir, - Structural Engineering Forum of India
Chartered Engineers (India)
This communication directs some of the Chartered Engineers Circulars or notifications as are available on the inter net & presented for the engineers’ information that do not concern & it is advised that Chartered Engineer India has been started being properly valued as an alternative authority
12th June, 2002
Corrigendum to Notification No. 33/2002 - Customs (N.T.)
In the Notification No.33/2002-Customs(N.T.) dated 29th May, 2002, published in in part-II, Section 3, Sub-section ( i ) of the Gazette of India (Extraordinary), vide G.S.R. 392(E), dated the 29th May, 2002, the Central Government hereby makes the following corrections therein, in the following manner:-
1. At page 26, in Chapter 38, the main heading shall be read as ‘Miscellaneous Chemical Products’ instead of ‘Photographic or Cinematographic Goods’.
2. In Chapter 57, page 43, the drawback rate in column 3, against Serial/Sub-serial No.57.03, shall be read as ‘11% (eleven per cent only) of the f.o.b. value subject to a maximum of Rs.950.00 (Rs. nine hundred fifty only) per sq. metre’ instead of ‘11% eleven per cent only) of the f.o.b. value subject to a maximum of Rs.900.00 (Rs. nine hundred only) per sq. metre’.
3. In Chapter 57, page 43, the drawback rate in column 3, against Serial/Sub-serial No.57.04, shall be read as ‘9.5% (nine point five per cent only) of the f.o.b. value subject to a maximum of Rs.200.00 (Rs. two hundred fifty only) per sq. metre’ instead of ‘9.5% (nine point five per cent only) of the f.o.b. value subject to a maximum of Rs.180.00 (Rs. one hundred eighty only) per sq. metre.’
4. In Chapter 68, page 58, the drawback rate in column 3, against Serial/Sub-serial No.68.01, shall be read as ‘ Rs.635.00 (Rs. six hundred thirty-five only) per M.T.’ instead of ‘ Rs.635.00 (Rs. five hundred thirty-five only) per M.T.’
5. In Chapter 84, page 77, below Serial/Sub-serial No.84.08, the following Note shall be incorporated:-
‘Note: For the export products, falling under SS Nos.84.03 to 84.08, the exporters are required to give a declaration on the shipping bill that the export products are made of duty paid imported steel only, duly supported by a certificate from the Chartered Engineer to this effect.’
6. In Chapter 84, page 79, the drawback rate in column 3, against Serial/Sub-serial No.84.26, shall be read as ‘ Rs.1134.00 (Rs. one thousand one hundred thirty-four only) PMT.’ instead of ‘Rs.1008.00 (Rs. one thousand eight only) PMT.’
7. In Chapter 84, page 79, in column 2, against Serial/Sub-serial No.84.32, the description of goods shall be read as ‘Comber /Combing Machines’ instead of ‘Comber /Coming Machines.’
8. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.38, the description of goods shall be read as ‘Cylinder Wires, Dofer Wires and Lickerin Wires, manufactured out of duty paid imported steel only’ instead of ‘Cylinder Wires, Dofer Wires and Lickerin Wires, manufactured out of imported steel only.’
9. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.39, the description of goods shall be read as ‘Ring Travellers’ instead of ‘Carding Machine.’
10. In Chapter 84, page 80, in column 2, against Serial/Sub-serial No.84.40, the description of goods shall be read as ‘Carding Machine’ instead of ‘Yarn clearing installations.’
11. In Chapter 84, page 80, below Serial/Sub-serial No.84.47, the following Note shall be incorporated:-
‘Note: For the export products, falling under SS Nos.84.45 to 84.47, the exporters are required to give a declaration on the shipping bill that the export products are made of duty paid imported steel only, duly supported by a certificate from the Chartered Engineer to this effect.’
12. In Chapter 85, page 88, in column 2, against Serial/Sub-serial No.85.53, the description of goods shall be read as ‘14" Colour Picture Tube without deflection yoke’ instead of ‘14" Colour Picture Tube with deflection yoke.’
13. In Chapter 85, page 88, in column 2, against Serial/Sub-serial No.85.54, the description of goods shall be read as ‘14" Colour Picture Tube with deflection yoke’ instead of ‘14" Colour Picture Tube without deflection yoke.’
14. In Chapter 85, page 93, the drawback rate in column 3, against Serial/Sub-serial No.85.101, shall be read as ‘ Rs.19.00 (Rs. nineteen only ) per hundred pieces’ instead of ‘ Rs.16.00 (Rs. sixteen only ) per hundred pieces.’
15. In Chapter 87, pages 99 & 100, in column 2, against Serial/Sub-serial No.87.10, the description of goods shall be read as ‘Components, spare parts and accessories of Motor Vehicles- Clutch cover Zinc Plated Plates made of duty paid imported CRCA Sheet’ instead of ‘Components, spare parts and accessories of Motor Vehicles- Clutch cover Zinc Plated Plates made of imported CRCA Sheet.’
16. In Chapter 87, page 104, Note below Serial/Sub-serial No.87.42, shall be read as ‘For serial/ sub-serial numbers 87.05 to 87.37, wherever the word ‘duty paid imported steel’ has been used, the exporters will have to declare that the relevant export goods have been manuactured out of duty paid imported steel and shall produce a Chartered Engineer’s certificate to this effect’ instead of ‘for serial/sub-serial numbers 87.13 to 87.46.’
17. In Chapter 87, page 109, the drawback rate in column 3, against Serial/Subserial No.87.102, shall be read as ‘ Re.0.80 ( Paise eighty only ) per piece’ instead of ‘Re.0.80 ( Paise eight only ) per piece.’
Sd. Alok Jha Under Secretary to the Government of India Circular No. 4/97-Cus. dated 19/2/97
F.No. 605/381/96-DBK
Government of India Ministry of Finance Department of Revenue, New Delhi
Subject: Acceptance of Chartered Engineer's Certificate as proof of installation of capital goods for the premises for the same were imported.
Kind attention is drawn to condition (6) of Notification No. 110/95-Cus. dated 5.6.95 which provides for installation of capital goods imported under EPCG Scheme and for a certificate being obtained from Jurisdictional Asstt. Commissioner of Central Excise, to be produced within 6 months from the date of completion of imports or within the extended period as allowed by the Asst. Commissioner of Customs certifying that the capital goods imported have been installed in the importer's factory / premises. The hotel industry represented to the Ministry that as they are not under Central Excise control, and their hotels are spread all over India, it is difficult to obtain the said Certificate from the Central Excise field formations prescribed under condition (6) of Notification No.110/95-Cus.
2. The matter has been considered by the Ministry and it has been decided that the Chartered Engineer's Certificate in place of a Certificate from the Asstt. Commissioner of. Central Excise may be accepted as a proof of having installed the capital goods in the importer's premises for which the EPCG licence was taken. The said facility may be extended to all the service providers including hotel industry subject to the importer also furnishing a certificate from the Licencing Authority in token of having fulfilled export obligation. However in cases where the importer is a manufacturer exporter, the Custom Houses must still insist on a certificate from the Asstt. Commissioner of Central Excise or/and from supporting manufacturer declared by the merchant exporter while applying for 15% EPCG licence.
3. 3. A Public Notice for trade and Standing Order for the departmental officers may be issued, and a copy of the same be sent to the Directorate of Drawback and DGI AC & CE. Sd/- (Sunil Kumar) Director (Drawback)
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Circular No. 69/98 - Customs
dated 8/9/1998
F.No. 605/55/98- DBK Government of India Ministry of Finance
Department of Revenue, New Delhi
Subject : Import of Irrigation equipment for use in contract farming under EPCG Scheme and for export of Agro Products- regarding
A copy of Notification No. 13(RE : 98) 1997-2002 dated 14.8.1998 regarding the above subject issued by the D.G.F.T. is enclosed. This Notification is issued with a view to enabling the importation and use of irrigation equipments under EPCG for export of agro-products. It may also be imported by EPCG Licence holder and installed in the premises of a contract manufacturers, of a supporting farmer's premises, where the equipment will be located and put to use.
2. In this regard attention is also invited to Notification No. 42/ 98-Customs dated 30.6.1998. This notification has amended the four existing EPCG Notification No. 110/ 97-Cus. and 111/95 - Cus. both dated 5.6.1995 and 28/ 97-Cus. and 29/97-Cus. both dated 1.4.1997 so as to inter alia provide that in case of import of capital goods under EPCG Scheme, a certificate from the Chartered Engineer confirming installation and use of such capital goods in importers premises is furnished to the Assistant Commissioner of Customs. In cases where the importer wants to put the imported irrigation equipment in to use at other premises for contract farming in terms of DGFT's Notification No. 13 (RE: 98) 1997-2002, the importer shall submit :-
(i) a list containing the full name and address of the person (s) / premise (s), to the Assistant Commissioner of Customs where the equipments will be installed and used;
(ii) furnish a certificate from the Chartered Engineer to the effect that the irrigation equipment has been installed for use in declared premises for manufacture and export of agro products and will not be moved to any premises other than those mentioned in the list and certified by the Chartered Engineer;
(iii) the above facility will be available provided that the ownership of the imported irrigation equipment rests with the EPCG Licence holder who will undertake in the Bond / LUT not to transfer or sale the equipment till the Export Obligation is fulfilled.
3. Customs Houses may issue suitable standing orders for the guidance of the staff.
Sd/-
(Sunil Kumar) Director (Drawback)
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Encloser
(Issued from F.No. 1/62/98- 99 / PC. II)
Government of India Ministry of Commerce, New Delhi
Notification No. 13(RE: 98) 1997-2002 dated the 14th August, 1998
In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 ot 1992) read with Paragraph 1.3 of the Export and Import Policy, 1997-2002 (incorporating amendments made up to 13.4.1998), the Central Government hereby makes the following amendments in the Export and Import Policy, 1997-2002, (incorporating amendments made up to 13.4.1998).
Paragraph 6.3 (a) may be amended to read as follows :
"Under the Scheme, manufacturer exporters, merchant exporters tied to supporting manufacturer (s) and service providers are eligible to import capital goods. For agricultural exports, import of irrigation equipments may be allowed provided ownership of these equipments rest with the EPCG licence holder, such equipments are not sold or leased and list of places where the equipments are to be located in made available to the jurisdictional Asst.
2. This issues in Public interest.
Sd/-
(N.L. Lakhanpal) Director General of Foreign Trade and Ex - Officio Additional Secretary to the Government of India
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Circular No. 69/98 - Customs
dated 8/9/1998
F.No. 605/55/98- DBK
Government of India Ministry of Finance Department of Revenue, New Delhi
Subject : Import of Irrigation equipment for use in contract farming under EPCG Scheme and for export of Agro Products- regarding
A copy of Notification No. 13(RE : 98) 1997-2002 dated 14.8.1998 regarding the above subject issued by the D.G.F.T. is enclosed. This Notification is issued with a view to enabling the importation and use of irrigation equipments under EPCG for export of agro-products. It may also be imported by EPCG Licence holder and installed in the premises of a contract manufacturers, of a supporting farmer's premises, where the equipment will be located and put to use.
2. In this regard attention is also invited to Notification No. 42/ 98-Customs dated 30.6.1998. This notification has amended the four existing EPCG Notification No. 110/ 97-Cus. and 111/95 - Cus. both dated 5.6.1995 and 28/ 97-Cus. and 29/97-Cus. both dated 1.4.1997 so as to inter alia provide that in case of import of capital goods under EPCG Scheme, a certificate from the Chartered Engineer confirming installation and use of such capital goods in importers premises is furnished to the Assistant Commissioner of Customs. In cases where the importer wants to put the imported irrigation equipment in to use at other premises for contract farming in terms of DGFT's Notification No. 13 (RE: 98) 1997-2002, the importer shall submit :-
(i) a list containing the full name and address of the person (s) / premise (s), to the Assistant Commissioner of Customs where the equipments will be installed and used;
(ii) furnish a certificate from the Chartered Engineer to the effect that the irrigation equipment has been installed for use in declared premises for manufacture and export of agro products and will not be moved to any premises other than those mentioned in the list and certified by the Chartered Engineer;
(iii) the above facility will be available provided that the ownership of the imported irrigation equipment rests with the EPCG Licence holder who will undertake in the Bond / LUT not to transfer or sale the equipment till the Export Obligation is fulfilled.
3. Customs Houses may issue suitable standing orders for the guidance of the staff.
Sd/-
(Sunil Kumar) Director (Drawback)
Encloser
(Issued from F.No. 1/62/98- 99 / PC. II)
Government of India Ministry of Commerce, New Delhi
Notification No. 13(RE: 98) 1997-2002 dated the 14th August, 1998
In exercise of powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 ot 1992) read with Paragraph 1.3 of the Export and Import Policy, 1997-2002 (incorporating amendments made up to 13.4.1998), the Central Government hereby makes the following amendments in the Export and Import Policy, 1997-2002, (incorporating amendments made up to 13.4.1998).
Paragraph 6.3 (a) may be amended to read as follows :
"Under the Scheme, manufacturer exporters, merchant exporters tied to supporting manufacturer (s) and service providers are eligible to import capital goods. For agricultural exports, import of irrigation equipments may be allowed provided ownership of these equipments rest with the EPCG licence holder, such equipments are not sold or leased and list of places where the equipments are to be located in made available to the jurisdictional Asst.
2. This issues in Public interest.
Sd/-
(N.L. Lakhanpal) Director General of Foreign Trade and Ex - Officio Additional
Secretary to the Government of India
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This is the html version of the file .
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|Page 1 |
APPENDIX - 10
FORM OF APPLICATION FOR FIXATION/MODIFICATION OF STANDARD INPUT/ OUTPUT NORMS
1.
Please see Paragraph 4.9 and 4.10 of this Handbook. 2. Please read the general instructions given at Appendix-1 before filling this application. 3. Please submit 5 copies of this application form. FOR OFFICIAL USE
File No.:................................ Date :....................
PART 1 TO APPENDIX 10
(Application for fixation of Standard input-output Norms) 1. Name and address of the applicant : 2.
IEC Number 3. Resultant product Export Product Group
4. Details of Items required for manufacture of one Unit of Export Product: (a) Imported inputs:
Required import item Recoverable wastage/by product S. No. Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant product Purpose of requirement * Wastage claimed (%age) on net
content basis Name Quantity value * Purpose of requirement should be indicated against each item whether the same is required as raw material/components/solvents/catalysts/packing material etc.
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(b) Indigenous inputs Required import item Recoverable wastage/ by product S. No. Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant product Purpose of requirement * Wastage claimed (%age) on net content basis Name Quant-ity value 5. Production and consumption data of the manufacturer/supporting manufacturer (of preceding three licensing years duly certified by the Chartered Accountant/Cost and Works Accountant): Year Total production of the resultant product Quantity of different Items consumed Quantity consumed/unit production (1) (2) (3) (4) 6. Details of earlier licences obtained (if any) for the resultant product during the preceding two licensing years. S.No. Licence no. date and issuing authority
Whether based on ALC/SALC norms (please specify enclosing a copy of licence Norms adopted per unit resultant product (items No.in the same order as in S.No.4 above (1) (2) (3) (4) 7. Please furnish technical details as per Annexure-I depending upon the resultant product. Please confirm the same [ ]
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(TO BE FILLED IN BY THE CHARTERED ENGINEER)
8
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 and having due 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 item for which the application is made.
Signature of Chartered Engineer ..................... Name in Block Letters ..................... Designation
Address ..................... Tel.No. ..................... Name and Address of the ....................................................
Ref. No. and Date of Corporate Membership .................................................... DECLARATION/UNDERTAKING
correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom.
2. I/We fully 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 and the Handbook of
Procedures.
4. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the
Policy.
(SIGNATURE OF APPLICANT) Name in Block Letters :................... Designation :................... Official address
Place : ................... Date : Residential address :........................ E-Mail address: .......................
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PART 2 APPENDIX - 10
.............................
(Application for Amendment/Modification of Norms) ..................................................
1. Name and address of the applicant : ........................................... ...........................................
2. For amendment of export/import items : Export item Import item (a) Specify the product group & Sl.No.in which amendment is required (b) Amendments required for item of import/export Product group Sl.No. Resultant product Items allowed Items ought for inclusion/ deletion Discrepancy in export/ import item description Qty. sought for import per unit of export (for new item) [1] [2] [3] [4] [5] (c) For amendment of Quantities permitted Resultant product Import item(s) for which quantity sought to be revised Quantity allowed
|Qty. required [1] [2] [3] [4] 3. Specific justification for amendment sought including the details referred to against S.No.4,5 |
|and 7 of Part-I of : ........................................... Page 5 |
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DECLARATION/UNDERTAKING
........................
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 fully 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 and the Handbook of
Procedures.
4) I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the
Policy.
Signature of the Applicant:.............. Name:(in block letters) ......................... Designation: ......................... Official
Address: ......................... Residential: Address ......................... ......................... ......................... E-Mail Address : ......................... Place: ................. Date : .................
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Annexure-I To Appendix- 10
(I) CHEMICALS PRODUCTS, DRUGS AND PHARMACEUTICALS
a) Step-wise Manufacturing Process. 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) Authentic technical literature/catalogue in support of percentage yield claimed in the entire manufacturing process. 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) Collaborator's guaranteed norms, if any. i) Percentage purity of finished product and raw materials and percentage of any diluent/moisture etc. in the export product. 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) Copy of the valid drug manufacturing licence, wherever applicable. 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) Pharmaceutical references whether the export product is of USP, BP etc. (II) ENGINEERING PRODUCTS a) Model number, technical specification and specific quantity-both in terms of number (if any) and/or weight, of each export product Column 4 of Appendix-10). b) Details technical Note on manufacturing process. c) Drawings/catalogues of each export product. d) Weight of each product (if the inputs includes raw material).
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IMPORT ITEMS
A. COMPONENTS i) Technical characteristics/part numbers, if any. ii) Assembly drawings/diagrams of the resultant product showing placement of components. iii) Usage of the components. iv) Weight of the components
v) Bifurcated quantities of components to be accounted for in the resultant product and the requirement of components as spares. B. RAW MATERIALS/ CONSUMABLES i) Grade /composition/ range/ thickness etc.
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. (III). TEXTILE PRODUCTS a) Detailed drawings of the Items of manufacture i.e. export product; b) Justification for wastages claimed in regard to the items to be imported; c) Justification for import of particular grade/specification/ dimension etc., of the raw material
applied for; etc. (IV) PLASTIC/ RUBBER PRODUCTS a) Detailed manufacturing process alongwith technical justification for wastages claimed at each stage of manufacturing process. b) Technical escriptions/specifications including size, thickness and weight range of plastic/rubber etc. of the products to be exported along with small samples of export product. 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) Percentage of rubber compound in the export product. f) Percentage composition of rubber compound in terms of different constituents. g) Percentage composition by weight of constituents in formulated/ blended products.
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(V) PESTICIDES
a) Manufacturing process for pesticides for both technical grade as well as formulation, as the
case may be. b) 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) Percentage purity of finished product and raw materials and percentage of any
diluent/moisture etc. in the export product. e) Registration Certificate issued from Central Insecticides Board for the manufacture of pesticides (technical grade) and also pesticides formulations. (VI) PAINTS/ SURFACE COATINGS/ PRINTING INKS a) Percentage solid resin content in the export product. b) Percentage pigment content in the export product. c) Percentage volatile content in the export product. (VII) DYES & DYE INTERMEDIATES a) Manufacturing process, material balance and flow chart. b) Balanced chemical reaction showing all the reactants, product and by-products(s) with their molecular formulas and molecular weights.
c) Stage-wise % yield in respect of each reactant along with justification. 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) Details of standardization and % dye content of export item. h) Colour Index No. and Hue No. of Dyes (VIII) PAPER AND PAPER PRODUCTS a) GSM of item of export/ import b) Coating composition in case of coated paper and percentage coating weight in the export
product.
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APPENDIX - 10 A --------------------------------- DATA SHEET FOR DEPB RATES Note:Please see paragraph 4.38 of this Handbook (Vol.1) FOR OFFICIAL USE File No........................... Date......................... 1. Name and address of the applicant 2. IEC No. 3. Item of export for which fixation of DEPB rate is sought. Inputs allowed
Description of Item of export Sl.No. in Handbook (Vol.2) Description ITC(HS) (Code) Basic Customs Duty 5. Total exports effected during preceding three licensing year Year FOB value ( Rs.) 6. Exports made during past one year of the item for which DEPB rate is applied for. Item of export Quantity FOB value (in Rupees) 7. Details of imports effected during the past one year of inputs allowed under Standard Input Output Norms (Handbook of Procedures -Vol.2) Sl. No. Item of import Bill of Entry No. and date Quantity of import CIF value
Per unit CIF value 9. Details of international journals/magazine evidencing international price of inputs in support of the data furnished above.
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WORKSHEET FOR COMPUTATION OF DEPB RATES
FOB value per unit quantity of export product (Kg./MT etc.) Description of import items allowed as per SION Quantity of import item allowed for each of the input as per SION (Kg./MTetc.) CIF value per unit quantity (Kg./MT etc.) of each of the item allowed for import in SION (In Rs./US$) CIF value of each of the input allowed
for import in SION [Column (3) X Column (4)] (In Rs/US$) Rate of basic Customs Duty against each of the input allowed for import in SION Effective basic Customs duty against each of the input allowed for import in SION Column (5) X Column (6) (In Rs./US$) (1) (2) (3) (4) (5) (6) (7) Total CIF (In Rs./US) Total Customs Duty
(In Rs./US$) DECLARATION/UNDERTAKING a) 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. b) I/We fully 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. c) 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 and the Handbook of Procedures. d) I/We hereby declare that I/we have submitted a copy of the data sheet and supporting documents to ______Export Promotion Council/Commodity Board on ______(Date).
e) I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.
(SIGNATURE OF APPLICANT) Name in Block Letters Designation Official address Place : Date : Residential address E-mail
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INSTRUCTIONS FOR FILLING THE DATA SHEET
a) Submit in duplicate, Appendix I-A of Handbook (Vol.1) alongwith the data sheet. b) In support of data furnished at S.No. 7, 8 and 9 of the data sheet, copies of a minimum of 5 Shipping Bills /Bills of Entry need to be submitted for each item of export/ import during the past one year. This may however be restricted to two Shipping Bills/Bills of Entry/per month for exports/ imports effected during the past one year. c) International price of items of import as obtained from international journals/ magazines is to be submitted only in support of actual imports as detailed at S.No.8 and 9 of the data sheet. d) 25 copies of the data sheet is to be submitted. However, only two copies of the supporting documents viz. relevant Shipping Bills/ Bills of Entry is to be submitted in support of all the data as furnished by the applicant on the data sheet. e) If the applicant has insufficient data on the items of import/export, he may also submit data and documents of other exporters of the same export product. f) A copy of the Data Sheet and supporting documents should simultaneously be submitted to the concerned Export Promotion Council/Commodity Board. g) The DEPB rate shall be fixed only for those products for which Standard Input Output Norms have been notified. In case of an export product for which Standard Input Output Norms is not fixed, the applicant has to first apply for fixation of SION.
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APPENDIX- 10 B
APPLICATION FORM FOR GRANT OF ADVANCE LICENCE UNDER THE DUTY EXEMPTION
SCHEME
1. Please see paragraph 4.1.1 of the Policy and Paragraph 4.4, 4.42, 4.5, 4.7 of this Handbook (Vol.I).
2. Please read the general instructions given at Appendix 1 before filling this application.
3. Please submit 2 copies of this application (10 copies if no Standard input-output norms are fixed).
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FOR OFFICIAL USE File No........................... Date.........................
1. Name and address of the applicant : ........................... ........................... ........................... 2. I.E.Code No.:
........................... 3. (a) Name and address of the manufacturer/ ......................... supporting/co-manufacturer:
......................... ......................... (b) Type of ......... Registration ......... Date ........ unit No. 4. Total FOB value of
exports including commission. Rs.......... of exports In currency of exports ........... In US$ .... 5. Total CIF value of
imports: Rs.......... of exports In currency of exports ........... In US$ ..... 6. VALUE ADDITION : 7. Application
fee: a) Bank Receipt/D.D No.and date: .......................... b) Issued by: .......................... 8. Port of Registration:
: ................................................... 9. Sr.No. of Standard Input-Output Norms: :
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10.
Supply Order No : ............. date ................ 11. Name and address of the Project Authority/Ultimate Exporter :
12. Delivery period of supply : (Column 11 and 12 are applicable for Advance Licence for intermediate supply and Advance Licence for deemed exports) 13. If the application is for Advance Licence for deemed export; indicate: i) Credit under which Project is financed : .................................... ii) Method by which the order is
procured. (International Competitive Bidding etc.) : .................................... 14. Details of outstanding export obligation against Advance Licence including Annual Advance Licence/pre-export DEPB issued under Duty Exemption Scheme. Percentage of export obligation fulfilled S. No. Licence No. and Date CIF value (Rs.) FOB value (Rs.) Quantity wise Value wise Date of expiry of export obligation period 15. Details of the products to be exported/supplied (Resultant Products). S. No. Resultant product(s) Unit of measurement FOB value Name, Technical Characteristics and quality ITC(HS) Code Total quantity Name Code In rupees In freely convertible
currency (FCC)
|Page 15 |
16. Details of Items sought to be Imported Duty free (Arranged Item wise)
Import item Unit of measurement Total CIF value S. No. Name, Technical characteristics and quality ITC(HS)
Code Total quantity Name Code Rs. In free foreign exchange Total exemption from Customs duty 18. Details of other materials to be used in resultant product and sought to be imported/procured from sources other than the licence on which drawback benefits is to be availed. (This column need not be filled if benefit of drawback is not being sought) Imported item Indigenously procured item S.No Resultant product(s) (Name, Technical characteristics and quality) Total quantity Name, Technical Characteristics and Quality Quantity and unit of
measure-ment CIF value Name, Technical Character-istics and Quality Quantity and unit of measurement Value
|Page 16 |
DECLARATION/UNDERTAKING
-----------------------
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 fully 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 and the Handbook of Procedures.
4. I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down
by the RBI, or such extended period for which RBI permission has been obtained.
5. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the
Policy. Place : Signature of the Applicant: ........................ Date : Name: ........................ Designation: .......................
Official Address: ........................ ........................ Tele No: ........................ E-Mail Address ........................ -------------
Documents to be enclosed with the application form: ----------------------------------------------------------------------------
1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29
2. Project Authority Certificate in cases application for Advance Licence for deemed export and a copy of
invalidation letter in case of application for Advance Licence for intermediate supply.
|Page 17 |
Annexure to Appendix- 10B
Note: To be submitted only 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: (a) Imported inputs: Required import item Recoverable wastage/by product S. No
Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant product Purpose of requirement * Wastage claimed (%age) on net content basis. 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. (b) Indigenous inputs Required import item Recoverable wastage/
by product S. No. Description Technical Character-istics ITC(HS) Code Quantity required per unit of resultant
product Purpose of requirement * Wastage claimed (%age) on net content basis. Name Quant-ity value 2. Production and consumption data of the manufacturer/supporting manufacturer (of preceding three Year Total production of the resultant product Quantity of different Items consumed Quantity consumed/unit production (1) (2) (3) (4) 3. Details of earlier licences obtained (if any) for the resultant product during the preceding two
licensing years. S.No. Licence no. date and issuing authority Whether based on ALC/SALC norms (please specify Norms adopted per unit resultant product (items No.in
|Page 18 |
enclosing a copy of licence the same order as in S.No.4 above (1) (2) (3) (4) 4. Please furnish technical details as per Annexure-I of Appendix-10 depending upon the resultant product. Please confirm. 5. a) FOB value of exports in the preceding licensing years : b) CIF value of licences already obtained under paragraph 4.7: :
c) Balance entitlement as per paragraph 4.71. :
CHARTERED ENGINEER CERTIFICATE
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 ontains __________ items for a total value of Rs._____________ (in free foreign exchange __________ ) ignature........................... Name in Block letters................ Designation.......................... Address..............................
Place: ............. Name and Address of the Institution under which Chartered : ............... Date: ..............
Ref No. and date of Corporate Membership : ............... DECLARATION/UNDERTAKING
I/We hereby declare that in respect of product for which Standard Input Output norms are not fixed, we
shall abide by the final fixation of norms by ALC and shall pay to the Government Customs duty together
with 15% interest on the unutilised inputs as per norms fixed by ALC.
Place : Signature of the Applicant: ........................ Date : Name: ........................ Designation: ........................
|Official Address: ...................... ........................ Tele No: ........................ Page 19 |
E-Mail Address ........................
[pic]
|Page 20 |
APPENDIX --10C
APPLICATION FORM FOR DUTY ENTITLEMENT PASS BOOK (DEPB) ON POST EXPORT BASIS
______________________________________________________________________
Note: 1. Please see Paragraph 4.43 of this Handbook 2. Please read the general instructions given Appendix 1 before filling this application.. 3. Please submit 2 copies of this application form. FOR OFFICIAL USE File No........................... Date......................... IEC Number : ........................ Branch Code : ....................
1. Name and address of the Applicant : ............................... 2. FOB value of exports : In figures: Rs.................
In words : Rs................. 3. Total DEPB entitlement claimed : In figures: Rs................. In words : Rs.................
4. Application fee Bank receipt /EFT/DD No. Issued by : Rs............................ Dated .........................
5. Port of Registration : ............................... 6. Application for Transferable License : : Yes/ No 7 Details of exports made S. No. S.Bill No +Date + Port of Export Date of Let export order BRC No + Date Invoice No. S.No. of Invoice Product Group DEPB S.No. Item Description (1) (2) (3) (4) (5) (6) (7) (8) (9)
|Page 21 |
FOB In Free Foreign Exchange Total FOB (In Rs.) Computation of Capped Value Currency Code Value Exchange Rate on the date of let export order [(11)* (12)] Unit of Measurement in the unit of Value cap Export
Qty in U/M Value Cap FOB per U/M [(13)/ (15)] Capped Value [minimum of (16) & (17) ] or (17) as the case may be * (10) (11) (12) (13) (14) (15) (16) (17) (18) DEPB Rate (in %) DEPB Entitlement (without cut) 15)*(18)*(19)/100 Cut Applicable if any (in %) Actual DEPB Entitlement (20)* {1-[(21)/100]} (19) (20) (21)
(22) In case there is no value cap on the product, the capped value would be equal to the FOB value per unit of
measurement (U/M) as at column (17) of the table above. Else it would be the minimum of columns (16) and 17).
DECLARATION/UNDERTAKING ----------------------- (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 fully 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 and the Handbook of Procedures. (4) I/We hereby declare that no DEPB has been claimed earlier pertaining to the particulars of the Shipping Bills given above. (5) I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained. (6) I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy. (7) I/We further declare that in case of non realisation of export proceeds or lesser realisation of export proceeds, we shall pay, in cash, an amount equivalent to the DEPB entitlement already obtained on the non realised or lesser realised value of export proceeds together with 15% interest reckoned from the date of duty free imports effected under DEPB to the date of payment.
|Page 22 |
Signature of the Applicant:.............. Name: .................. Designation: .................. Official address: ..................
.................. Tele No: .................. Residential address: .................. E.Mail address .................. Date: Place :
Documents to be enclosed with the application form 1 Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29. 2 E.P Copy of DEPB shipping Bills. In case of exports through notified land Customs under paragraph 4.40, the Bill of export may be accepted in lieu of shipping bill.
3 Bank certificate of exports and realisation as given in Appendix-22.
|Page 23 |
APPENDIX-- 10D
APPLICATION FORM FOR GRANT OF DUTY FREE REPLENISHMENT CERTIFICATE
1. Please see paragraph 4.2 of the Policy and Paragraph 4.33 to 4.36 of this Handbook. 2. Please read the general instructions given at Appendix-1 before filling this application. 3. Please submit 2 copies of this application.
--------------------------------------------------------------------------------------- FOR OFFICIAL USE File Number:----------------------------------------------- Date:--------------------- --------------------------------------------------------------------------------------- 1. Name and address of the applicant : ....................................... 2. I.E. Code No.: : .......................................
3. Export Product Group: : ....................................... 4. S.No(s) of Standard Input-Output Norms:
: ....................................... 5. Total FOB value Rs.............. In currency ........... in US$ ............... realised (including of exports commission) 6. Total CIF value of Rs. ............ in currency ........... in US $ .............. imports: of exports
7. Value addition: 8. Application fee a) Bank Receipt/ Demand Draft No.and date b) Rupees: c)Issued by : : ..................................... 9. Port of Export : .......................................
|Page 24 |
10. Details of the product exported (Resultant Products). S. No. Resultant product Unit of measurement FOB value Description of export product S.No. of SION ITC (HS) Code Total quantity Name Code In rupees In freely convertible currency (FCC) 11. Details of Items sought to be Imported Duty free as replenishment.
Import item Total quantity Unit of measurement (U/M) S.No Description ITC(HS) Code Name Code
12. Details of other materials used in resultant product and imported/ procured from sources other than the
licence. Resultant product(s) (description of export product) Imported item Indigenously procured item
S.No Total quantity Description Quantity and U/M CIF value Description Quantity and U/M Value
|Page 25 |
DECLARATION/UNDERTAKING
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 fully 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 and the Handbook of Procedures. 4. I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained. 5. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy. Place : Signature of the Applicant: ........................
Date : Name: ........................ Designation: ........................ Official Address: ........................ ........................ Tele No: ........................ E-Mail Address ........................ ------------------------------------------------------------------------------
Documents to be enclosed with the application form: 1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29. 2. EP copy of the Shipping Bill. In case of exports through notified land Customs under paragraph 4.19, the Bill of export may be accepted in lieu of shipping bill.
3. Bank Certificate of Export and Realisation as given in Appendix-22. 4. A statement of exports giving separately each Shipping Bill number and date, FOB value in Indian rupees as per Shipping Bill and description of the resultant product
|Page 26 |
APPENDIX - 10 E FORMAT OF ADVANCE RELEASE ORDER NOTE: Please see paragraph 4.1.8 of the policy and paragraph 4.14 of this Handbook ....................................................................................... GOVERNMENT OF INDIA MINISTRY OF COMMERCE Office of the
File No................................. Date ........................................ Advance Release Order No.......................... Date ............................... 1. Name and address of the applicant : ......................................
2. Licence no. : ...................................... Date: : ...................................... 3. Name and address of the Indigenous
Producer : ........................................................................................................................................................
4. Items to be supplied by Indigenous producer S.No. Qty (in figures and words) Value (in figures and words)
1. 2. 3. 4. 5. Licensing Authority of the Indigenous: ......................................... producer
|Page 27 |
Note: a) This Advance Release Order shall be produced in original to above mentioned indigenous
producer for supply of goods as per above details. b) This Release Order will be valid upto ..................................
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) Both quantity and value shall be limiting factor. Yours faithfully, Asstt. Director General of Foreign Trade/
Foreign Trade Development Officer Security Seal ........................... Endt.No........................................ Dated ................................. (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. Asstt. Director General of Foreign Trade/ Foreign Trade Development Officer Details of materials supplied under above Advance Release Order Sn. No. Description of
goods Quantity supplied Value of goods In figures In words In figures In words 1. 2. 3. We confirm having supplied the goods as per details above. 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)
|Page 28 |
APPENDIX -- 10F
----------------------------------
FORM OF APPLICATION FOR ENHANCEMENT IN CIF VALUE OF ADVANCE LICENCE ISSUED
UNDER DUTY EXEMPTION SCHEME ---------------------------------------------------------------------------------------
Note: Please see Paragraph 4.21 of this Handbook. --------------------------------------------------------------------------------------- FOR OFFICIAL USE File No.:-------------------------------- Date:----------------------------------------
--------------------------------------------------------------------------------------- 1. Name and address of Licensee : ................................................... 2. I.E.C Number ..................................................... Licence No........................ Date .................................... 3. (a) Original CIF value: ......... (a) Proposed CIF value:....................... (b) Original FOB value: ......... (b) Proposed FOB value:....................... (c) Original value addition (%): (c) Proposed value addition(%): .............. 4. Details of import items. S.No Items of import Sr.No. in the licence Unit Code Balance Qty to be imported Balance CIF value available [1] [2] [3] [4] [5] [6] 5. CIF value of inputs: S.No. At the time of application Revised 1. 2. 3. Total: .............. Total: ............. 6. Reasons for seeking enhancement : ................................................ ................................................
|Page 29 |
DECLARATION/UNDERTAKING
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 fully 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 and the Handbook of
Procedures. 4 I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained.
5 I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.
Place : Date : Signature of the Applicant:.............. Name: ................. Designation: ................. Official Address: ................. ................. Place : Tele.No.: Date : E.Mail Address.................. ------------------------------------------------------------------------------ Documents to be enclosed with the application form ------------------------------------------------------------------------------ 1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29. 2. Advance Licence in original.
|Page 30 |
APPENDIX 10G
------------------------------ FORM OF APPLICATION FOR REVALIDATION OF LICENCE/EXTENSION IN
EXPORT OBLIGATION PERIOD OF A LICENCE. ------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------
Note: Please see Paragraph 2.13, 4.22, 4.23 and 5.11 of this Handbook. --------------------------------------------------------------------------- FOR OFFICIAL USE File No.:-------------------------------- Date:----------------------------
--------------------------------------------------------------------------- 1. Name & address of the licensee : ..............................
............................... 2. IEC No : ............................... 3. (a) Licence No. & Date :................................ (b) CIF value :................................ (c) File No. from which the licence .: .......................... was issued 4. Details of licence Utilisation of licence S. No. Item Quantity Value In % quantity terms In % value terms (1) (2) (3) (4) (5) a. b. c.
Total: ............. 5. Details of EO fulfillment: Export obligation Export obligation completed (During initial
period ...........) S. No. Item Value Quantity Value terms (Rs./%) Quantity terms (%) (1) (2) (3) (4) (5) a. b. c.
Total: ............................
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Export Obligation Completed (During extended period.......) Unfulfilled Export Obligation (6) (7) (8) (9) Value term(Rs./%) Quantity term(%) Value term(Rs./%) Quantity term 6 Extension in Export obligation : .............................. period applied upto 7. Validity of Licence: Initial validity Extended validity Revalidation applied upto (1) (2) (3) 8. Bank Receipt/Demand Draft No : ................................... Date: : ...................................
Value: : ................................... Issuing Bank- : ................................... Branch 9. Reasons for seeking revalidation/ .................................. extension in export obligation period: DECLARATION/UNDERTAKING -----------------------
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 fully 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 and the Handbook of Procedures. 4. I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained. 5. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy. Place : Signature of the Applicant:.............. Date : ................. Name : ................. Designation : ..................... Official Address : ..................... Tele.No : .....................
Residential Address : ..................... E.Mail Address : .....................
|Page 32 |
------------------------------------------------------------------------------
Documents to be enclosed with the application form
------------------------------------------------------------------------------
1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29
as applicable.
2. Import Licence in original and a self certified copy thereof.
Application for setting up unit under
Software Technology Park (STP) Scheme for 100% export of computer software
Instructions :Application should be submitted to the Director, Software Technology Parks of India -Mumbai along with project report.
2. Application should be duly signed by competent authority with initial on each page of the application along with the office seal of the company.
3. Applicant along with the application should furnish the undertaking.
APPLICATION FORM
LOCATION OF THE STP: NAME OF THE UNDERTAKING / APPLICANT
NAME AND ADDRESS OF THE PROMOTER(In case of New Undertaking) (BLOCK LETTERS) Full Address Pin CodeTelephoneFax No.E-MailTelex No.
I. STATUS OF THE PROMOTER/INDUSTRIAL UNDERTAKING
II. (Please tick (√) the appropriate box) Central Government Undertaking
1. State Government Undertaking
2. State Industrial Development Investment Corporation
3. Cooperative Undertaking
4. Joint Sector Undertaking
5. Assisted Sector Undertaking
6. Private Sector Undertaking
7. Individual Promoter/Partnership
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Note : In case of second hand CG imports, year of manufacture and its residual life supported by the Chartered Engineer's Certificate may be furnished.
IX. INDICATE REQUIREMENT OF FIXED ASSETS IN THE FOLLOWING FORM
Fixed assets Existing Proposed
a. X IS ANY FOREIGN COLLABORATION (WHETHER FINANCIAL, TECHNICAL MARKETING OR CONSULTANCY) ENVISAGE? IF SO, PLEASE FILL UP SEPARATE FC APPLICATION IN THE PRESCRIBED FORM AND GIVE THE
APPLICATION FORM FOR GRANT OF ADVANCE LICENCE UNDER THE DUTY EXEMPTION SCHEME
Chartered Engineer Certificate
I have examined the applicant company's inport requirements of raw materials, components etc with regard totheir techni- cal descripthion/ specification and the quantityagainst each item of import and having regard to proper technical norms of con-sumption and after technical scrutiny of relevant designs and drawings, I hereby certifythat they are correct in all respects and are actuallyrequired for the execution of the export/supplycontracts for .........................................................................The list of Items covers ......................... pages and contains ............................................ items for a total value of Rs............................................ (in free foreign exchange Signature : Name in Bolck letters : Designation :
Address : ____________________________________ Name and Address of the Institution :
under which Chartered Date : __________ ____________________________________
Circular No. 52/2002-Customs.
F.NO.314/24 /2001-FTT ( Pt.)
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)
New Delhi, dated 14th August, 2002
To,
All Chief Commissioners of Customs, All Chief Commissioners of Customs & Central Excise, All Commissioners of Customs, All Commissioners of Customs & Central Excise.
Sub: Guidelines for duty free import/procurement of materials for development, operation and maintenance of Special Economic Zones.
Sir,
I am directed to invite your attention to notification Nos. 39/2002-Central Excise and 82/2002-Customs, both dated 13th August, 2002 granting exemption to goods which are required for development, operation and maintenance of SEZs. Under these notifications goods may be imported/procured from DTA or the Public Warehouse or Private Warehouse duty free. However, import/procurement of such goods are subject to approval by the Committee headed by the jurisdictional Chief Commissioner of Customs/Excise. It has been decided that the Committee for approval of importation/procurement of goods will consist of the following:-
i) Jurisdictional Chief Commissioner of Customs/Central Excise
ii) Jurisdictional Commissioner of Customs/Central Excise
iii) Development Commissioner of the Zone
iv) Joint Director General of Foreign Trade
v) The Chief Engineer, CPWD
vi) Jurisdictional Deputy/Assistant Commissioner of Customs
2. For the purpose of availing of the benefit of above notifications, the developers of the SEZ will make an application to the concerned Development Commissioner for approval of the list of goods proposed to be imported/procured duty free. The Development Commissioner, in turn, would process the same and place the list before the aforesaid Committee for consideration. While granting the approval, the Committee shall consider, inter alia, the following:-
i) The approved construction plan and drawing: The developer of the SEZ should produce proof of ownership of the land free from all encumbrances or he should hold lease in his favour for a period of not less than 20 years;
ii) Financial solvency of the developer from a leading bank; and
iii) Estimated requirement of goods: The developer shall submit a list of machinery equipment, apparatus and other construction materials required for development, operation and maintenance of SEZ duly certified by an approved Chartered Engineer. The list should indicate the type and nature of construction and activity. Separate lists may be submitted for import and indigenous procurement.
3. The approval will be given only in respect of such goods which are required for construction, development and maintenance of the Zone. The goods meant for personal consumption or for consumption by the workers and employees of the developers should not be allowed to be imported/procured duty free. Care should be taken by the Committee to ensure that duty free import/procurement is not allowed in respect of those goods which are not connected with the development, operation and maintenance of the Zone. In case of doubt, reference may be made to the Board for the issue of suitable clarification.
4. As stipulated in the above said notifications, the developer shall submit a quarterly statement to the jurisdictional Commissioner of Customs/Central Excise in the form prescribed for the purpose. Whenever an application is made for additional imports/procurement of material, the Committee will take the said quarterly statements into account for determining such additional requirements.
5. The Committee will also meet at quarterly intervals to monitor the use of goods imported/procured by the developer through quarterly statement. The Committee in particular will ensure that the duty free goods are actually utilized in the development, operation and maintenance of the Zone.
6. The Committee shall fix up a time schedule for commencement and completion of construction of the SEZ. In case of any delay in completion of the project, the developer would explain the cause of such delay to the Committee, which may condone the delay on merits.
7. The jurisdictional Commissioner of Customs/Central Excise will ensure that there is no diversion of goods imported/procured duty free from the bonded premises. He may visit the project site and inspect or call for the accounts and connected records for scrutiny and undertake physical verification of consumption and utilization of duty free goods imported or procured from DTA.
8. The Commissioner of Customs/Central Excise may direct the concerned developer to get his accounts audited by a Cost Accountant nominated by him in this behalf. The expenses of and incidental to such audit shall be borne by the concerned developer.
9. Difficulties faced, if any, in the implementation of above instructions may be brought to the notice of the Board. Kindly acknowledge the receipt of this Circular.
Yours faithfully,
(C.P. GOYAL) Senior Technical Officer
Copy to:
PS to Chairman and Members of the CBEC All Sections of the Board Office All Directorates under CBEC Joint Secretary (EP), Ministry of Commerce, New Delhi
Director General of Foreign Trade, New Delhi.
(C.P. GOYAL) Senior Technical Officer
Customs Notification No. 53/2003 dated 1.4.2003
Customs Notification on Duty Free Entitlement Credit Certificate Scheme
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods when imported into India against a duty free entitlement credit certificate (hereinafter referred to as the said cerficate ) issued under paragraph 3.7.2.1 (vi) of the Export and Import Policy,-
| (a) |from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act 1975 (51 of |
| |1975); |
|(b) |from the whole of the additional duty leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act;|
| |and |
|(c) |from the whole of the special additional duty of customs leviable thereon under section 3A of said Customs Tariff Act, |
subject to the following conditions, namely
| (1) |that the said certificate has been issued by the licensing authority to a status holder specified in para 3.7.2 of the |
| |Export and Import Policy; |
|(2) |that the said certificate and goods imported against it shall not be transferred or sold: |
| |Provided that where the goods are imported by a merchant exporter having supporting manufacturer(s) whose name and |
| |address is specified on the license, the said goods may be utilised by the said supporting manufacturer(s). |
|(3) |that in respect of capital goods, a certificate from jurisdictional Deputy Commissioner of Central Excise, Assistant |
| |Commissioner of Central Excise or an independent Chartered Engineer, as the case may be, is produced confirming |
| |installation and use of capital goods in the importer’s factory or premises, within the six month from the date of |
| |imports or within such extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs may |
| |allow: |
| |Provided that where the capital goods are imported by a merchant exporter having supporting manufacturer(s), the capital|
| |goods may be installed in the factory or premises of the said supporting manufacturer(s); |
|(4) |that the said certificate shall be produced before the proper officer of customs at the time of clearance for debit of |
| |the duties leviable on the goods but for this exemption: |
| |Provided that exemptions from duty shall not be admissible if there is insufficient credit in the said license for |
| |debiting the leviable on the goods but for this exemption; |
|(5) |that the imports against the said certificate are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla, |
| |Kakinada, Kandla, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, |
| |,Nagapattinam, Mundhra and Okha or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, |
| |Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi, Nagpur and Cochin or through any of the |
| |Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, |
| |Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, |
| |Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad, (Wanjarwadi and Maliwada), Malanpur, Waluj (Aurangabad), |
| |Anaparthy (Andhra Pradesh), Salem, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara, |
| |Pondicherry and Garhi Harsaru or through the Land Customs Stations at Ranaghat, Singhabad and Raxaul. |
Explanation :- In this notification,-
|(i) |"Capital Goods" has the same meaning as assigned to it in paragraph 9.10 of the Export and Import Policy,- |
|(ii) |"goods" means,- |
|(a) |capital Goods; |
|(b) |office equipment ( including Computer systems, Software, Fax/ machine, Telephone); and |
|(c) |raw materials, components, intermediates, consumables and parts other than agricultural and dairy products; |
|(iii) |"Export and Import Policy" means the Export and Import Policy 2002-2007, published by the Government of India in the |
| |Ministry of Commerce and Industry vide notification No.1(RE:2003), dated the 31st March 2003 as amended from time to |
| |time; |
|(iv) |"Licensing Authority" means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade |
| |(Development and Regulation ) Act,1992 (22 of 1992) or an officer authorised by him to grant a license under the said |
| |Act. |
Alok Jha Under Secretary to the Government of India.
F. No. 605/1/2003 –DBK
| Dewan Housing Finance Corporation Ltd. |
Dewan Housing Finance Corporation Ltd. lends at low rates of interest to individuals, co-operative societies, corporate bodies and association of persons, for residential house other than resort houses, anywhere in India. [pic]
A) Salaried Class
a) Salary Slip
b) Photo copies of first and last page of ration card
c) Original and photo copy of rent receipt (if applicable)
d) Photo copy of electricity bill
e) Employment certificate (as per our format)
f) Photo copies of qualification certificates
g) Photo copies of Investments
h) Photocopies of LIC policies and lastest premium payment receipts. Copies of any other documents supporting the financial background of the applicant.
i) Photocopy of bank pass book.
B) Self Employed/Business Class
a) A brief introduction of business/profession, form of organisation, clients/suppliers etc.
b) Balance sheet, profit & loss account and statement of Income certified by a chartered accountant for the last 3 years with IT returns.
c) Photo copies of Advance tax payments duly attested by a chartered accountant.
d) Photo copy of registration certificate of establishment under shops and establishment act/factories act, duly attested.
e) Photo copy of registration certificate for deduction of profession tax duly attested.
f) Acknowledge copy of letter of authority addressed to the bank for obtaining confidential credit report (as per our draft).
g) Original and photo copy of rent receipt or leased deed for the establishment premises.
h) Photo copy of certificate of practice (if applicable) duly attesetd.
i) Photo copy of Membership certificate of respective profession/association duly attested.
j) Photo copy of Bank's loan sanction letter duly attested (wherever applicable)
k) Latest electricity bill.
l) Photo copies of first and last page of ration card.
m) Latest rent receipt of present accomodation (if applicable)
n) Details of Agricultural Income duly certified by the competent authority.
o) Photocopy of qualification certificate, LIP policies & Investments.
2) In respect of proposed dwelling unit
1) Registered sale deed/certified true copy of agreement for sale, photo copy of registration fee payment receipt issued by sub-registrar's office (if applicable), architect's/chartered engineer's estimation of the cost of the property. OR letter of allotment (stating carpet area, total purchase price etc) and copy of the bye-laws of the co-operative society/association of apartment owners.
2) Copy of plan sanctioned/approved by competent authority and certified true copy of commencement/completion certificates from the said authority.
3) Certified true copy of the title report from advocate/solicitor.
4) Certified true copy 7/12 extract or Index II or property register card extract, NA order or conversation order etc and any other documents as specified by DHFL officials.Yes, you have the option to prepay the loan ahead of schedule either in part or in full. A prepayment fee will be payable on the amount being prepaid. Kindly consult the sheet enclosed for the current prepayment fees.
Tax benefits are available on the principal and interest compnents of a loan as per the income tax act, 1961. As the benefits could vary each year, please do check out the current benefits available.
| | |
| |Important Points Raised, and Responses Given atJodhpur Open House Meet with DGFT |
| | |
| |Response : Except in the matter of capital goods, we do not allow any second-hand items to be imported. As far as other goods like |
| |computers etc. are concerned, we have taken a deliberate decision that India shall not be a dumping ground for junk of the rest of the |
| |world. But, an exception has been made in the case of machinery because machinery manufacturers in the country are not able to speedily|
| |meet the demand of an exporter who wishes to expand his manufacturing base. Secondly, new machines are very expensive, and there is |
| |also a waiting period. So, a second-hand machine is allowed. Machinery up to 10-years old has been treated as freely importable, and it|
| |can be imported without any licence. Machinery which is more than 10 years old can also be imported, but it will require an import |
| |licence. When an exporter applies for import of second-hand machinery which is older than 10 years, we do look into factors like |
| |residual life, and we insist on a Chartered Engineer’s certificate, besides looking into the track record of the manufacturer. |
| |same port, say the Bombay port, the exporter has to get the registration done 4 or 6 times. For example, for exporting, the EDI |
| |registration is done separately. Similarly, for importing, the registration is done separately. Then, for export under DEEC, the |
| |registration is done separately, and for imports under Advance Licence too, the registration is done separately. The question is : if |
| |the firm concerned is a registered one, why can’t the information be taken by the port authorities from the computer directly at one |
| |go? The information required should be available from the DGFT’s office which issues the IEC. |
| | |
| | |
GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE POLICY CIRCULAR NO 14 /2002-2007 Dated: 27th November, 2002
To
All Licensing Authorities All Commissioners of Customs,
Subject: Import of Items like carpets, crockery, marble, Chandelier etc under the EPCG scheme by service providers
The Department of Revenue had issued a Circular No 62/2002 dated 26.09.2002 on the aforesaid subject wherein the Central Board of Excise and Customs had re-examined the issue afresh. The Board had concluded that the service providers who actually require items like carpets, crockery, marble, chandeliers etc under the EPCG Scheme shall be given the same.
The regional offices may keep in mind Customs Circular No 62.2002 dated 26.09.2002 while issuing EPCG licences to service providers. However in the case of applications for import of items that are restricted for imports under the EPCG Scheme for service providers, the regional offices are required to seek a copy of a Chartered Engineer Certificate (CEC) justifying the requirement of the restricted item for imports under the EPCG Scheme.
The format of the CEC is given as an Annexure to this circular.
This issues with the approval of the Director General of Foreign Trade .
A.B. Menon Deputy DGFT
Annexure to Circular No 14 dated 27.11.2002
| |
|CHARTERED ENGINEER CERTIFICATE |
| |
| |I have examined the service providers import requirements of the item restricted for imports with regard to their |
| |technical description/ specification and the quantity against each item of import and having due regard to proper |
| |technical norms 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 purpose for which the application under the EPCG Scheme is made. |
| | |
|Signature of Chartered Engineer|..................... |
| | |
|Name in Block Letters |..................... |
| | |
|Designation |..................... |
| | |
|Address |..................... |
| | |
|Tel.No. |..................... |
| | |
Fax No: .....................
Email ID: .....................
Name and Address of the ....................................................
Institution
...................................................
Ref. No. and Date of
Corporate Membership ....................................................
| | |[pic] |
| | | |
|[pic] | | |
| | | |
| |
| |
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|[pic] |
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|[pic] |
|Industrial Policy 1996Clearance for Setting Up of Industry:Single Window Service-Empowered Committee|
|Pollution Clearance |
|area. |
|Changes in the existing regulations This chapter deals with provisions contained in the following |
|Act/Legislations/Regulations:- i) Factories Act. |
|ii) Boilers Act. |
|iii) Regulations of Industries Department. |
|Factories Act |
|(d) Safety and Emergency Provisions |
|The Punjab Factories Rules, 1952, provides certification of dangerous machinery, pressure vessels, |
|lifting machines, hoists and lifts, chains, ropes and lifting tackles, pressure, plant, against |
|dangerous fumes etc. |
|Certificate issued by a Chartered Engineer having qualifications as already notified by the |
|Department of Labour shall be relied upon for dangerous machines, pressure vessels, pressure plant |
|and precautions against dangerous fumes/gases etc. |
|persons under rules 17 of the Punjab Factories Rules, any Medical practitioner registered with the |
|Indian Medical Council shall be authorised to issue the Certificate. |
| |
|Boilers Act |
|The State Government will, under section 5 of Indian Boiler Act, 1923, appoint Chartered Engineers |
|having requisite qualifications as inspectors for the purpose of exercising powers and performing |
|duties conferred and imposed under this Act. |
| |
|Industrial Policy of Govt. of Tamil Nadu |
| |
Tamil Nadu Government’s industrial policy aggressively promotes private investment, offering an attractive
package of incentives.
Incentives for investments:
Capital Subsidies offered by Govt. of Tamil Nadu
GENERAL TERMS & CONDITIONS FOR AVAILING SUBSIDIES
Secondhand equipment is not eligible for any subsidy. However, secondhand imported machines are eligible for subsidy provided that they should be imported for the first time and it should have residual life of minimum 5 years based on the Chartered Engineer's Certification on the life and value of such machine.
Application No: _________________
(To be filled by IPMC)
APPLICATION FOR STANDARD INVESTMENT SUBSIDY (SIS)
(UNDER THE IT INDUSTRY PROMOTION SCHEME)
(Annexure No: I to the Manual for Kerala Industry Incentive Scheme 2001-05)
I/We________________________________________as per resolution No: --------------dated
___________________have been authorized to and hereby do apply for Standard Investment Subsidy under the IT industry promotion Scheme for M/S___________________________________________for an amount of Rs.___________ (Rupees_____________________________________)
Annexure – II-C
ELECTRIFICATION
1) Value as by Balance Sheet :
2) Valuation by Deputy Electrical Inspector/ AEE, KSEB/ Chartered Engineer if claim exceeds Rs. 50,000 :
Annexure: II-E
CERTIFICATE FROM ENGINEER
Certified that I have inspected -------------cents in survey No:--------------of ------------------------------village in ------------------------Taluk in----------------------------------------------------district belonging to M/S --------------------------------------------------------------------------------------and in use as IT unit.
The valuation of development cost of ----------cents of the land is Rs. ------------------------------------.
Certified that I have inspected the building of M/S------------------------------------------------------------with reference to the approved plan thereof and sanctioned by the local body.
The structure wise valuation is as follows:
| |Plinth Area |Net Value |
|Factory Building | | |
|Godown | | |
|Laboratory/ | | |
|Research Centre | | |
|Others(Specify) | | |
|Total | | |
The plinth area of the units building as per the approved plan is-------------------------------------------.
On inspection, the plinth area of the structure in use for industrial purpose is seen to be-------------------------------------------------------------.
The value of this structure is ------------------------------------------------------------------------------------------.
Place:
Date: Assistant executive Engineer PWD/
Chartered Engineer.
| |GOVERNMENT OF INDIA |
| |MINISTRY OF TEXTILES |
| |OFFICE OF THE TEXTILE COMMISSIONER |
| |POST BAG NO. 11500, MUMBAI |
| |No.3/21/99/EP.I/ |
| | Dated: 8.12.99 |
| |MEMORANDUM |
| |Subject: Allotment of the textiles (excluding garments and knitwears) export quota for the year 2000 under the |
| |Manufacturer-Exporters’ Entitlement (MEE) System. |
| | In terms of sub para (v) of para 6 of the Yarn, Fabrics and Made-ups Export Entitlement (Quota) Policy |
| |for 2000-2004 as notified by the Ministry of Textiles, Government of India vide Notification No. 1/129/99-Exports-I, |
| |dated the 12th Nov., 1999, the following terms and conditions are prescribed, with the prior approval of the Ministry of |
| |Textiles, for allotment of the quotas under the Manufacturers Exporter’s Entitlement (MEE) system. |
| |Application for the quota year 2000, are invited from manufacturer-exporters for consideration for allotment of the |
| |quotas under the above-mentioned system (MEE). Such applications in the prescribed format (annexure-I) in duplicate |
| |alongwith enclosures and complete in all respects, including supporting documents and affidavits, accompanied by a demand|
| |draft of Rs. 500/-(Five Hundred) drawn in favour of "The Cotton Textile Export Promotion Council, payable at Mumbai put |
| |into a file cover, should reach the head office of the Cotton Textile Export Promotion Council (TEXPROCIL), Engineering |
| |Centre 9, Mathew Road, Mumbai-400 004 by 5.00 p.m. on or before 10-01-2000. Applications received in any office other |
| |than the above-referred to head office of the Cotton Textile Export Promotion Council (TEXPROCIL) Mumbai will not be |
| |considered. Such applications received after the above indicated due date and time and those that are deficient in any |
| |respect, or are sent to any other offices of TEXPROCIL shall also not be considered. Under no circumstances would the |
| |applications received either in the other office(s) or late due to postal/courier service delay or any other reason be |
| |considered at all, and all such applications will automatically stand rejected. Applicants should send one application |
| |for yarn, fabrics and made-ups of cotton, synthetics and wools and in one file cover only. Individual applications for |
| |different categories will be considered as multiple applications and only one application out of all such applications |
| |will be considered. |
| | |
| |For the manufacturer-exporters to be eligible for allotment of quota under this system (MEE), the following |
| |conditions/requirements are stipulated:- |
| |The allotments thereunder shall be made to the manufacturer-exporters in the above-mentioned segments who have made |
| |substantial investment in the plant and machinery detailed in the annexure-II of this Memorandum and conforming to the |
| |technology norms of the Technology Upgradation Fund (TUF) Scheme as outlined in the Government Resolution No. 28/1/99-CTI|
| |dated 31.3.99 (as amended from time to time), towards modernisation and upgradation of technology in their existing unit |
| |or in a new unit and have commenced production during the base period. |
| | |
| |The Executive Director, TEXPROCIL, Mumbai shall be the authority to decide the eligibility and entitlement of the these |
| |applicants, within the meaning of this system and the terms and conditions stipulated in this Memorandum, and his |
| |decision will be final and binding. |
| | |
| |Allotment of the available quantities under this system shall be only in respect of the goods manufactured in the |
| |production unit(s) so modernised and upgraded, as determined by the Executive Director, TEXPROCIL, Mumbai. |
| | |
| |Such quota shall be allotted on the basis of the ‘Value’ of the machines listed in the said annexure-II. ‘Value’ for this|
| |purpose shall mean the invoice value only, in the case of new machinery of Indian origin. In regard to imported machinery|
| |(both new & second hand), ‘value’ shall mean the C.I.F. value in rupee terms plus the customs duty paid as per the |
| |customs authorities’ assessed Bill of Entry concerned. In no case shall its value include erection charges, local freight|
| |charges or any other charges. Renovation of old machines and replacement of spare parts will not be considered. Of the |
| |machinery item stated annexure-II to this memorandum, only those items listed in and conforming to the restrictions |
| |outlined in the para 3.2(2) of the TUF notification dated 31.3.99 referred to in sub para 3(i) supra, will be eligible |
| |for being considered as eligible second-hand machinery items. Air-conditioning plant and other equipment will not be |
| |considered. Machines on lease, installed during the base period, will be considered, provided the lease agreement clearly|
| |stipulates that the ultimate ownership of the leased machines will be in favour of the applicant unit. The lease |
| |agreement should specify the detailed description, quantity, status (new or second hand and imported or indigenous) & |
| |value of each type of machine taken on lease, inter-alia. The clause pertaining to ownership in the copy of the lease |
| |agreement to be submitted, may be underlined/highlighted. In the event of the above-referred to conditions in respect of |
| |leased machines not being fulfilled, the investment in such leased machines will not be considered. Details of the |
| |machinery (inter-alia with complete specifications of speed) installed during the base period, i.e., from 1-7-1995 to |
| |30-06-1999 as per the list in annexure-II, duly certified by a Chartered Accountant or a Chartered Engineer or a Cost and|
| |Works Accountant, segment wise for yarn, fabric and made-up, are required to be submitted in this regard, in the |
| |prescribed proforma as at annexure-IV of this memorandum. If a mill has more than one unit, it should make one composite |
| |application, but the lists of the eligible machines should be given unitwise alongwith one combined statement of the |
| |machines installed, together with their values. The Chartered Accountant (C.A.)/Chartered Engineer (C.E.)/Cost & Works |
| |Accountant (C&WA) should give a clear and correct certificate to the effect that the number of machines installed during |
| |the base period, with their value, at the time of their purchases, have been verified and have been found to be correct. |
| |The list of such machines should also be certified by the same Chartered Accountant/Engineer/Cost & Works Accountant |
| |indicating that the machines are installed at the locations mentioned in the said list and that the applicant unit is |
| |under commercial production. |
| | |
| |The apportionment of quota of yarn, fabric and made-up, of individual units shall be based on the investments under the |
| |respective segments, as per the certificate given by the Chartered Accountant/Chartered Engineer/Cost & Works Accountant |
| |of the applicant unit. |
| | |
| |The investments made in the spinning, weaving, processing and state-of-the-art processing machinery for the purpose of |
| |the allotment of the M.E.E. quotas would be given weightage as follows: |
| |Section |
| |Weightage |
| | |
| |a) Spinning/Stitching/other machines |
| | 1 |
| | |
| |b) Weaving/Knitting machines |
| |2 |
| | |
| |c) Processing machines, effluent treatment plant and air pollution control equipment. |
| |3 |
| | |
| |d) State-of-the-art processing machines and state-of-the-art effluent treatment plant. |
| | 4 |
| | |
| | |
| | Processing machinery used for fibre/yarn, dyeing/processing will be given weightage of its value coupled with the |
| |spinning section machinery(annexure-II) weightage for the allotment of yarn quota. |
| | |
| | |
| |Allotments for a given country-category shall be made pro-rata on the basis of the investments (weighted) made in the |
| |specified machinery during the base period, by the individual units, vis-à-vis the total investments (weighted) made in |
| |such machinery during the base period by all the units applying for quotas under the MEE system. Allotment of the quotas |
| |will be made on the following basis : |
| |for yarn, on the basis of investment made on the spinning section machines; |
| |for greycloth, on the basis of the investments made on the spinning section machines restricted to the level of |
| |investments made in the weaving section machines of matching capacity, plus the investments made in the weaving section |
| |machines; |
| |for processed fabrics, on the basis of the investments made on the spinning section machines restricted to the level of |
| |investments made in the weaving section machines of matching capacity, plus the investments made in the weaving section |
| |machines and the investments made on the processing section machines; and |
| |for made-ups, on the basis of the investments made on the spinning section machines restricted to the level of the |
| |investments made on the weaving section machines of matching capacity plus the investments made in the weaving, |
| |processing and stitching sections machines. |
| |Applicants who submit their application for country-categories 9 (EU) and 363 (USA)-terry towels, will be given quota on |
| |the basis of investments on the spinning section machines restricted to the level of investments made on matching |
| |capacity of terry-towel automatic shuttle or shuttleless looms with proportionate investment on the preparatory machines |
| |of the full weaving section, plus the investments made on terry towel automatic shuttle or shuttleless looms, |
| |proportionate investment on proprietory machinery of weaving section and the investments made on the processing section |
| |machines and stitching machines. Terry-towel looms should be clearly specified, mentioning (that these are terry-towel |
| |looms). Units which have not installed terry-towel looms under the modernisation programme within the base period will |
| |not be considered eligible for quotas for country-categories 9 (EU) and 363 (USA). |
| |All such units registered as Manufacturer-exporters with the competent registering authorities shall be eligible to |
| |participate under this scheme. If no registration or licensing is required, an acknowledgment for the receipt of the |
| |Information Memorandum (I.M.), issued by the competent authority, for commercial production, should have been obtained. |
| |For a Domestic Tariff Area (DTA) unit, where Industrial Licence (IL) is prescribed, a Letter of Intent (LI) will not be |
| |considered. To be eligible in such cases, the LI should have been converted to an Industrial Licence (IL). |
| |The Executive Director, TEXPROCIL shall intimate to the Quota Administrating Authority concerned, the details of |
| |entitlement of the eligible applicants for allocation of quota and administration thereof. |
| |Allotments under this system are not transferable. The allottees shall, at the time of the certification of their |
| |shipment, submit proof thereof, viz. AR 4 form, etc., to the satisfaction of the Quota Administering Authority concerned,|
| |to the effect that the goods being exported have been manufactured in their production unit concerned and on the |
| |specified machines only. |
| |If the quantity allotted to any applicant in any one country-category is too small, the Executive Director, TEXPROCIL may|
| |reallocate such quantity in such a manner that the quantity allotted to each of the applicants is reasonable enough. |
| |The base period for the MEE quota shall be from the 1st of July 1995 to 30th of June 1999 for the purpose of quotas to be|
| |considered for allotment in the year 2000. |
| |(a) Category 369 is excluded from this scheme. |
| |(b) Choice regarding countries/categories:- |
| |Manufacturer-Exporters will be permitted a choice of upto a maximum of five country-categories (being produced in the |
| |unit concerned) of yarn, fabrics, processed fabrics and made-ups, of cotton, synthetic and wool, in combination, in the |
| |order of priority given by the applicant units in their applications for allotment of quotas under this system. They |
| |should submit in separate sheets, in quadruplicate, with their applications the details of their requirements, indicating|
| |the country-categories of which they want the quotas. It may be noted that without an exercise of the country-category |
| |options in the application, it will not be possible to allot quotas. Therefore, the applications not accompanied by |
| |country-category options will be rejected. |
| |4. The provisions in respect of the validity and extension of the validity of quotas shall be the same for the MEE |
| |system as are applicable for the Past Performance Entitlement (PPE) System, mutatis mutandis. |
| |5. Two sets of application (in two separate file covers) with the superscription, "Applications for MEE allotment for|
| |the year2000" alongwith a choice of country- categories in quadruplicate, should be sent in the prescribed proforma (copy|
| |enclosed as annexure-I). The following documents duly attested by the Chief Executive of the applicant unit should be |
| |furnished alongwith each copy of the application: (In case of SSI Units, the photocopies of documents must be |
| |additionally certified/attested as true copy by a Gazetted officer not below the rank of a Deputy Collector) :- |
| |(i) Photocopy of valid factory licence for all the units issued under the Factories Act, 1948 and duly renewed upto |
| |31.12.99. In case the factory licence concerned has not been received back after the renewal thereof, from the |
| |authorities concerned, satisfactory documentary proof of the steps taken for the renewal thereof, should be furnished, |
| |alongwith a photocopy of the factory licence renewed upto 31.12.98. It may be noted that a grace period of only one year |
| |is allowed for the renewal of the factory licence and hence, only the factory licence valid upto 31.12.98 coupled with |
| |the said proof of application, etc., for the renewal thereof for 1999 will be considered and in no case a factory licence|
| |not valid atleast upto 31.12.98 even if the proof of application, etc., for the renewal thereof for the calendar year |
| |1998 and prior to that will be accepted. |
| |(ii) (a) Photocopy of the Small Scale industries (SSI) registration in the case of SSI units. |
| | (b)In the case of non-SSI Domestic Tariff Area (DTA) units, medium scale (MS) & exempt industries (EI) the |
| |registration issued by the Textile Commissioner, Government of India or an Industrial Licence wherever prescribed (Please|
| |note that it is an Industrial Licence and not Letter of Intent) or Carry-on-Business (COB) licence issued by the Ministry|
| |of Industry, Government of India. |
| |(c) For the non-SSI units, exempt from licensing provisions, the SIA acknowledgement for commercial production. The DTA |
| |units which are exempt from the licensing provisions have to file an Entrepreneur Information Memorandum (EIM) to the |
| |Secretariat for Industrial Approvals (SIA), Ministry of Industry, Government of India and that SIA issues an |
| |acknowledgement for the filing of such an EIM. On the commencement of commercial production part ‘B’ of the above |
| |mentioned EIM is to be filed and the SIA again issues another acknowledgement for the filing of such information |
| |memorandum for commercial production. |
| | |
| | or |
| |An acknowledgement in form-II issued by the Textile Commissioner, Government of India, under the Textile (Development and|
| |Regulation) Order, 1993 (After filing the first part of the EIM to the SIA within 30 days of the commencement of |
| |commercial production of the entrepreneur concerned has to file an Information Memorandum to the Textile Commissioner |
| |Government of India who issues an acknowledgement in form –II for the filing of such an Information Memorandum). |
| |(d) Units, which are in existence since prior to 25.07.91 (the date of announcement of the new industrial policy) and are|
| |exempt from the licensing provisions after the announcement of that new industrial policy, should submit the |
| |SSI/IL/COB/MS registration/EIM for their activity prior to 25.7.91 and the SIA acknowledgement for commercial |
| |production/acknowledgement in form-II issued by the Textile Commissioner, Government of India there-after and till date |
| |(if applicable). |
| |(e) For the Export-Oriented Units/units in the Export Processing Zones or Free Trade Zones, Letter of Permission (LOP) |
| |issued by the Ministry of Industry/ Development Commissioner of the Export Processing Zone/Free Trade Zone concerned of |
| |the Government of India. |
| | |
| |Note: Particulars such as the name of the unit, address,etc should be the same in all the documents referred to at para |
| |5(i) and (ii) (a to e) above in respect of the same applicant. |
| |(iii) Certificates in the formats furnished in the enclosed annexures IV & V from the Chartered Account/Cost and Works|
| |Account Chartered Engineer about the number and the types of machines (as given in annexure-II) installed in the base |
| |period in the units concerned with their values (as defined in paragraph 3 (iv) of this Memorandum), at the time of their|
| |purchase. |
| |(iv) If the documents mentioned at para 5 (i) and (ii) above are in a language other than in English or Hindi, the |
| |authenticated English version of the same should be enclosed. |
| |(v) If the units of an applicant are situated at different locations and in the certificates at para 5 (i) and (ii) above|
| |different addresses are not clearly specified, it may be superscribed on the copy of each certificate that it pertains to|
| |unit no. I, II, III ____ _____, etc., as the case may be. Please note this very carefully to avoid the rejection of an |
| |application. |
| |6. If as a result of an inspection carried out at any time or otherwise, any discrepancy is noticed in respect of any |
| |particulars vis-à-vis those contained in the affidavit and declarations submitted by any MEE quota applicant/holder, the |
| |application of such a unit shall be held in-eligible for such quota, and allocation made, if any, will have to be |
| |surrendered, without prejudice to any other action that may be taken against such a unit, under the provisions of the |
| |relevant laws in force. |
| |7. Applications which are received by the TEXPROCIL late or are, on scrutiny, found to be deficient or incomplete in |
| |respect of any of the aforesaid requirements, are liable to be rejected, without calling for further clarifications or |
| |documents from the concerned applicant exporters. The quota allotted to a unit will be subject to the condition that the |
| |export against this quota will be of the yarn, fabrics and made-ups manufactured by that unit. It may also be noted that |
| |the quota that may be allotted would be on the presumption that the affirmations contained in the accompanying affidavits|
| |are true and accurate. However, if any portion of the affirmation is found to be false or if the exports have not been |
| |made from the applicant unit’s own manufacturers, the eligibility adjudged for such quota and the quota so allotted will |
| |stand withdrawn forthwith, without prejudice to any other action that may be taken in such cases under the laws in force.|
| |The exporters should therefore, pay personal and special attention in their own interest, to ensure that their |
| |applications are complete and correct in all respects and are free from any deficiency. |
| |8. The Executive Director TEXPROCIL shall furnish to the Textile Commissioner, Ministry of Textiles, Government of |
| |India, Mumbai, the list of MEE quota applications received by him alongwith the second copy of the applications |
| |(alongwith the enclosures and one copy of the country-category options) received by him within 7 (seven) days from the |
| |last date of receipt of the applications and the details of eligible allottees alongwith the allocation of quota made, |
| |within a period of 10 (ten) days from the date of such allocation. |
| |9. In case of any doubt, the Quota Administering Authority shall seek the advice of the Ministry of Textiles, whose |
| |decision shall be final. |
| |Sd/ |
| |(B. C. KHATUA) |
| |TEXTILE COMMISSIONER |
ASSISTANCE TO INDUSTRIAL UNITS AFFECTED
BY EARTHQUAKE IN GUJARAT STATE
Preamble
Large scale damage is caused to the industrial units along with other private properties due to the earthquake on 26th January 2001 in certain districts of Gujarat including Kutch. In this context, the State Government received requests from different associations and industrial units to offer interest subsidy on the loan sanctioned for working capital as well as for the investment made for rehabilitation of the affected units, by the nationalized banks, co-operative banks etc. This matter was under consideration of the Government.
Now the State Government has announced relief in respect of the following :
1. Cash subsidy on the investment made by small, medium and large industrial units and interest subsidy on the working capital.
2. To operationalize the reliefs granted, total exemption from the prescribed stamp duty payable on the legal documents.
3. Recovery of the electricity bill on the actual consumption of electricity instead of the minimum electricity bill, for a period of one year from the affected units (this will be implemented after receiving necessary permission from Gujarat Electricity Regulatory Commission).
1.0 Resolution
It has been resolved to sanction the relief at Sr. No.1 above for the rehabilitation of affected tiny units, SSI units/medium and large scale units covered in the seismic zone – IV and V (Annexure-1), as declared by Revenue Department.
The definition of small industry would be in accordance with the provision made in the resolution No.INC/102000/17(1)-I dated 14/11/2000 of Industries and Mines Department.
1.1 A cash subsidy @ 60% of the new eligible investment made either for repairing or replacement of building and plant and machinery of the damaged industrial units, upto a maximum of Rs.60 lakhs.
1.2 Government will pay full interest per annum upto a maximum limit of Rs.10 lakhs within an overall limit of Rs.20 lakhs over a period of first two years to the financial institutions for the loans sanctioned as per the requirements of the above units by nationalized banks/scheduled banks/ cooperative banks/urban cooperative banks and state or national level designated financial institutions.
2.0 Conditions for the assistance of State Cash Subsidy
(A) Conditions
The investments made in the damaged industrial units for the following purposes will only be considered as eligible investment.
(a) Investment made for necessary repairing of the existing building so damaged or for construction of new building.
(b) Investment made for repairing of the damaged plant and machinery as per the requirements. In case of replacement of the machinery if required, total expenditure which would include electrification, foundation, transport etc. will be considered.
(c) In case of the replacement of machinery as indicated at (b) above, the expenditure of any auxiliary machinery required to be installed with the original machinery if any, which would include electrification, foundation, transport etc. for the purpose would be considered.
(d) In case of repairing of the building, a certificate from a Chartered Civil Engineer giving estimate of the expenditure will have to be obtained.
(e) Estimates of the expenditure for repairing or replacement of the machinery will have to be obtained from a Chartered Engineer (Mechanical).
(f) Any amount if received as a compensation from the insurance company to the affected units will have to be deducted from the eligible investment.
(B) Procedure
The eligible units desiring to avail the relief shall have to submit an application to the District Industries Centre along with the estimates of the damage by 31st March, 2001. District Industries Centre will carry out a preliminary survey of the damages and will issue a certificate of the damages. For the purpose of the claim of the relief, District Industries Centre shall obtain application in the prescribed format from the concerned industrial unit and following procedure will be followed.
(C) Others
In the cases of rehabilitation through loans, the project cost in the context of eligible investment will have to be considered as per the appraisal of bank/ financial institutions. In case of self-financed cases, following procedure will be followed.
(a) The officer of District Industries Centre will carry out technical appraisal for the project cost upto Rs.2 lakhs.
(b) Appraisal covering technical scrutiny and the cost estimates will be got done through SISI for the project cost above Rs.2 lakhs and upto Rs.10 lakhs.
(c) Appraisal covering technical scrutiny and the cost estimates will be got done through GITCO for the project cost above Rs.10 lakhs.
(d) For the purpose of repairing, replacement etc. the certificate of Chartered Engineer will be considered authentic.
3.0 Authority for sanction of assistance
In the case of SSI units, the powers to sanction reliefs will be vested to the following District Level Committee.
1. Collector or Addl. Collector appointed for the concerned taluka – Chairman
2. District Development Officer or Addl. District Development Officer appointed for the concerned taluka – Member
3. Representative of taluka/district level industries associations/chamber – Member
Regional Manager, Gujarat State Financial Corporation – Member
5. Manager of the Lead bank or his representative – Member
6. General Manager, District Industries Centre - Member Secretary
In case of the small scale units where the amount of assistance is upto Rs. 10 lakhs, such applications shall be submitted to the committee under the chairmanship of Addl. Collector. In case when the amount of assistance exceeds Rs.10 lakhs, such applications shall be submitted to the committee under the chairmanship of Collector. Meetings of both these committees shall be held every week to sanction the assistance.
In the case of medium and large units, the constitution of the State Level Committee will be as prescribed vide GR No.9APN-1095-2000(1)I dated 11/9/1995.
4.0 Mode of Payment
1. In the case where the loan will have to be availed from the financial institutions, the eligible amount of subsidy if not exceeding Rs.10 lakhs, will be deposited in the bank account and arrangement will be made for disbursement of the amount of assistance in proportion to the disbursement of bank loan. In the case when the amount of assistance sanctioned exceeded Rs.10 lakhs, an advance @ 75% towards the first instalment will be deposited in the bank account. Withdrawal of this amount will be made in proportion to the disbursement of the loan. Thereafter, on receipt of a CA certificate indicating the total expenditure in excess of 75%, the second instalment of 25% of the amount will be deposited in the bank account.
2. In the case of self financed investment, the unit after incurring total expenditure will have to approach District Industries Centre along with CA certificate giving details of the expenditure, for the disbursement of the subsidy. The amount of subsidy will be disbursed after scrutiny of the application.
5.0 Interest Subsidy
(A) Conditions
1. Interest subsidy will be available for the working capital sanctioned by banks/ financial institutions as mentioned under para 1.2. Bank/financial institutions shall sanction the working capital in accordance with their prevailing/general norms.
2. Bank/ financial institutions shall make the assessment of interest as per the circular of Reserve Bank of India dated 12/2/2001 and interest so calculated only will be eligible for assistance.
3. Interest subsidy will be directly disbursed to the bank/ financial institutions. Financial institution will not be required to recover the amount of interest subsidy under this resolution from the industrial units.
Interest subsidy will be made available to the quake-affected industrial units having obtained finance by way of cash credit/overdraft facility from the bank// financial institutions and also on the additional/fresh finance obtained thereafter.
5. Interest subsidy will be available only on the original interest. Penal interest or interest on interest will not be considered. Similarly, no subsidy will be offered for the amount of interest on the overdues if any, prior to the earthquake.
(B) Procedure
In the context of the damage, the unit shall have to submit an application in the prescribed proforma along with a copy of the sanction letter for working capital, in duplicate to District Industries Centre. On the basis of the said sanction letter, District Industries Centre will sanction the eligible amount of interest subsidy and issue a sanction letter, a copy of which will also be sent to the institution sanctioning such finances. On the basis of this sanction letter, sanctioning institute will calculate the interest on the finance and forward the claim for interest subsidy to District Industries Centre in the form of half-yearly instalments and the District Industries Centre will make direct disbursement to the sanctioning institution after due verification of the claim. The sanctioning institute shall have to submit a statement certifying the expenditure made by the unit along with the first claim of interest subsidy to District Industries Centre.
6.0 General Conditions
1. This scheme will be applicable to the damaged units, going for rehabilitation at the same location in the affected areas declared under seismic zone IV and V by the Revenue Department (Annexure-1).
2. The industrial units availing assistance under the scheme may have to install and operate effectively the pollution control equipments as prescribed by the concerned competent authority.
3. The industrial units availing of assistance under the scheme shall have to recruit local persons for a minimum of 85% of the total posts and on a minimum of 60% of the managerial and supervisory posts. This will be scrutinized by a joint team of the General Manager, District Industries Centre and Employment Officer. The percentage of local employment shall be maintained permanently.
The industrial unit availing such assistance may have to continue its operation at least for a period of 5 years.
5. The industrial units may have to furnish the information pertaining to production, employment or any other as required by the State Government from time to time.
6. The industrial unit may have to undertake new construction in accordance with the norms and standards as laid down by the Government/local authority/ local self government for seismic zones IV and V.
7. The concerned industrial unit will have to insure against the earthquake for the purpose of protection on the properties developed through fixed investment and to be renewed from time to time.
8. If the unit is eligible to receive interest subsidy or cash subsidy from State Government, central Government or any other institution(s) under any other scheme and if the unit has accepted that option, it will not be eligible to receive the benefit under this scheme.
9. Under the scheme, the state level committee will be empowered to take all decisions pertaining to the interpretation, dispute or controversy and the decision of the committee shall be final and binding to the applicant unit under the scheme.
10. If the unit breaches any of the conditions of this resolution, the amount of assistance will be recovered from it as arrears of land revenue.
Annexure-1
Details of locations declared under seismic zone IV and V vide GR No.CLS-162001-1403(5)-S.3 dated 14/3/2001 by Revenue Dept., Government of Gujarat
Seismic Zone-V (Very high vulnerability zone)
All the talukas of the district of Kutch
Seismic Zone-IV (High vulnerability zone)
OFFICE OF THE COMMISSIONER OF CUSTOMS (PORT)
CUSTOM HOUSE , 60 RAJAJI SALAI, CHENNAI 600 001
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PUBLIC NOTICE NO 344/2002
Sub: Fixation of Brand Rate of Drawback under the Simplified Scheme
Government of India, Ministry of Finance, Department of Revenue, New Delhi, Letter F.No.609/24/2002-DBK dated 24.06.2002, is reproduced below for the guidance of the Importers, Clearing Agents and Trading Public.
S.Misc.90/2002-DBK(SEA) DR.J.SRIDHARAN
CUSTOM HOUSE, CHENNAI COMMISSIONER OF CUSTOMS (PORT)
DATED 25.09.2002
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Fixation of Brand Rate of drawback under Rule 6/7 of the Customs & Central Excise Duties Drawback Rules, 1995 is an essential pre-requisite for claiming drawback by the exporters from the concerned Custom Houses. As per the existing procedure, data furnished in the Brand Rate applications under the Normal Scheme are required to be verified by the jurisdictional Commissionerates of Central Excise and based on the verification Reports of the Commissionerates, Brand Rates are subsequently fixed by this Ministry. Brand Rate applications filed under the Simplified Scheme are also subject to post-verification by the Central Excise Commissionerates.
2. In the light of the representations of various Export Promotion Councils inviting attention of the Government about the delay in fixation of Brand Rates and emphasizing the need for timely fixation of Brand Rates, the present procedure for fixation of Brand Rate has been under review of the Government for quite sometime. Delay in getting the data verified by the Central Excise Commissionerates has been identified to contribute most for the delay in fixation of Brand Rates by this Ministry. However, in respect of the applications filed under the Simplified Scheme, Brand Rates are fixed within a relatively shorter span of time. The corresponding post-Verification Reports which are received from the Central Excise Commissionerates subsequent to the issue of Brand Rate letters by this Ministry also in most cases confirm the authenticity/veracity of the data furnished in such applications.
3. Therefore, in appreciation of this genuine difficulty in getting the Brand Rates fixed within a reasonable time and also as a measure of export promotion, it has been decided to dispense with the present procedure for pre-verification by the Central Excise Commissionerates. Commencing from 01.07.2002 (Let Export Date) all Brand Rate applications are required to be filed only under the Simplified Scheme directly in this Ministry. The eligibility criterion for opting for the Simplified Scheme specified in this Ministry’s letters F.No.609/113/88-DBK dated 11.10.1988. F.No.609/188/92-DBK dated 01.10.1992 and F.No.609/188/92-DBK dated 07.12.1992 etc ceases to be restrictive and this revised Simplified Scheme is extended to all the applicants for fixation of Brand Rate of drawback. All Brand Rate applications in the prescribed format and along with requisite annexures and documents addressed to the Joint Secretary (Drawback), Department of Revenue, Ministry of Finance, 3rd floor, Jeevan Deep Building, 10 Parliament Street, New Delhi – 110 001 are required to be sent by Registered/Speed Post. The applications may also be delivered to the Receipt Clerk at the Entrance Gate of the Department of Revenue at the aforesaid address. Unless there are special reasons, Brand Rate letters will be issued within a period of fifteen days in respect of Brand Rate applications which are complete in all respects and rejection letters will also be issued in respect of incomplete applications within the same period of fifteen days.
4. While submitting the Brand Rate applications, the exporters are required to neatly page number the essential annexures/documents and to enclose them strictly in the order of DBK-I, DBK-II/IIA, DBK-III/IIIA Statements, Shipping Bill/s, Bill of Entry, Invoices regarding payment of Central Excise duty, CENVAT availment/non-availment-Certificate/Declaration; Working Sheet, Statement of Value Addition and Statement of Exports etc. Further, these should be flagged/marked distinguishably to facilitate preliminary checking of these documents by the Receipt Clerk while receiving the applications. In case of merchant exporters/manufacturer-exporters who are getting the export products manufactured from their supporting manufacturers/vendors, as the case may be, a separate declaration, inter alia, furnishing the details of the supporting manufacturer/vendors, Central Excise Registration No., if any, availment/non-availment of the CENVAT benefit, duly authenticated by the Superintendent of Central Excise having jurisdiction over the manufacturing unit are required to be furnished. The exporters are required to furnish original duty paying documents, viz; Bills of Entry pertaining to the imported items and Invoices evidencing payment of Central Excise Duty in respect of the indigenous inputs with reference to the claim of Brand Rate of drawback. These original duty-paying documents which have been fully utilized with the Brand Rate claim will be retained in this Ministry. The duty paying documents which have been partially utilized for disposal of Brand Rate claim, will however be returned to the exporters along with requisite endorsement. Applications for issue of amendment and corrigendum to the Brand Rate letters are required to be filed maximum with in a period of 3 months. Specimen copies of the revised format of the application for fixation of Brand Rate and DBK-I, II/IIA and III/IIIA Statements are attached.
5. Brand Rate letters under the revised Simplified Scheme will be subject to post verification by the Central Excise Commisionerates/officials of the Drawback Division of this Department. In case, after such post-verification, the data furnished in the applications are found to be incorrect, the corresponding Brand Rate letters will be revoked. Besides, the concerned exporters will be debarred from availing the benefit of the Simplified Scheme for the next one year. This is intended to deter filing of fraudulent/manipulated drawback claims.
SIMPLIFIED BRAND RATE FIXATION SCHEME
Application for fixation of Drawback Rates under Rule 6(1)(a) (Brand Rate)/Rule 7(1) (Special Brand Rate) of Customs and Central Excise Duties Drawback Rules, 1995.
………………………………………………………………………….
(To be filled by the Manufacturers of the Export Product)
A. Details about the Manufacturer of the Export Product
1. (a) Name & Postal Address of the Application Firm.
(b) Status – whether Public Limited Company or a Private Limited Company etc.
(c) Year since when the accounts are being statutorily audited
under Company’s Act.
(d) Whether SSI unit.
(e) Central Excise Licence No., if any.
2. Postal Address of the factory where the export products being manufactured.
3. The Commissioner of Central Excise under whose jurisdiction Factory falls including Division and Range.
4. Name of the concerned Export Promotion Council.
5. Exporter’s IE Code Number.
B. Details about the Export Product.
Description of the Export Product.
6. The Central Excise Tariff or Customs Tariff Chapter/Heading in
which the export product classified.
7. If All Industry of Drawback is available for the export product, the
Sub-Serial No. & Rate of Drawback.
8. Whether the application is for fixation/re-fixation/revision of rate
under Rule 6(1)(a) or Rule 7(1) of the Drawback Rules.
(Strike out whichever is not relevant)
9. If the application is for re-fixation/revision:
(a) Ministry’s previous reference number and date under which the rate was fixed.
(b) Rate of Drawback fixed.
(c) Validity period of rate(s).
10. (a) Date/Period from which the rate is desired to be fixed.
(b) Date of Ist shipment. (Legible Copy of the Shipping Bill (highlighting Let Export Date), Invoice, packing list to be attached)
© Port(s)/Airports through which exports are made/proposed to be
made.
(d) Port of registration desired.
12. (a) FOB Value of the product per unit.
(b) Current Market price of the export product at the time of first shipment.
13. State the mode of export: -
(a) Whether under Central Excise bond.
(b) After payment of duty under claim of rebate of Central Excise
duty.
© Otherwise.
(Strike out whichever is inapplicable)
14. Whether in respect of any of raw materials/components the benefits
under Rule 19 or any other Central Excise Rule is being availed of-
15. Whether in respect of any of the raw materials/components CENVAT benefit under CENVAT CREDIT Rules, 2002 is being availed of?
16. Whether any other benefit under any of the Customs/or Central Excise Notification is being availed of in respect of any of the raw materials components and other inputs used in the export product.
17. Whether in respect of the imported material or some of the imported materials:
a. The benefits of duty exemption Scheme is being availed of. If so the details of the same (viz. DEEC/DEPB). A photocopy of the complete Pass Book or DEEC along with the photocopy of Advance Licence to be forwarded.
b. If the export is under DEPB cum Drawback Scheme, state whether the CVD has been paid in cash. Also specify the Standard Input Output Number (SION) of the export item fixed by the DGFT of the Export item.
c. Manufacture under bond procedure in terms of Section 65 of the Customs Act, 1962 is being followed, if so, the details thereof.
18. The quantity and name of by product or co-product (and its sale value) arising during the course of manufacture of the main product of the unit specified in DBK-I.
19. The drawback rate (or amount) expected.
(Enclose working sheet in support thereof).
20. Whether Rule 8(2) (regarding Value Addition) of the Customs and Central Excise Duties Drawback Rules, 1995 is satisfied. If so, a detailed working sheet may please be enclosed.
21. Brief process of manufacture (Enclose catalogue/literature etc.)
DECLARATION
I/We hereby declare that the particulars given above as well as in accompanying statements DBK I to III are correct to the best of my knowledge and belief and that no separate application in respect of the same goods has been submitted so far.
I/We also declare that the export is not under Duty Free Shipping Bill.
I/We also declare that I/We shall intimate any change (including receipt of sub-moto refunds) in the particulars as mentioned in the proforma and statements submitted within one month from the date of such change and I/We agree to any consequential change in the Drawback Rates with effect from the date the changed drawback rates are allowed and shall on demand by an Officer of Customs repay the amounts received in excess.
I/We also declare that the duty paying documents in respect of the imported/indigenous inputs furnished in this Brand Rate application have not been used in any previous application/partially used in our Application Ref.No. dated …………….. and a statement of the extent of usage and balance quantity available is enclosed separately.
I/We further declare that I/We shall immediately refund the amount of drawback obtained by us in excess of any amount/rate which may be re-determined by Government, as a result of post verification.
I/We also declare that the application also includes drawback for the components which have been manufactured by the supporting manufacturers and vendors. I/We also undertake the liability of paying back the amount of drawback along with interest thereon, in case, the data relating to the supporting manufacturers/vendors are not verifiable by the Department or on verification the particulars are found unsubstantiated by the Department.
I/We also undertake that in case of post verification the data furnished in this application are found to be incorrect, and the corresponding Brand Rate letter is revoked by the Ministry, I/We will be liable to pay back the Drawback amount alongwith interest thereon.
Station: Name:
Designation
Full Address of power of
` Attorney Holder or
Authorised Agent.
Date:
Note: - Please furnish specific information against all the Serial Numbers. Response like “as per the Shipping Bill” and “as per the Statement of Exports” etc. should be avoided.
| STATEMENT - DBK-I |
| | | | | | |Net Weight | | | |
|Description of the Export product | | | |Bill of material * issued for manufacutre of | | |
|With technical characteristic | | | |(indicate clearly No. of units @ of the export product | |
|(Bill of materials should consist of raw materials and components going into the manufacture of export product and the actual packing materials used) |
| | | | | |
| | |
|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 | |
|4. In case any of the components is manufactured through a supporting manufacturer/vendor, separate DBK-I alongwith the corresponding | | |
|Statements are required to be furnished. | | | | | | | | |
|5. Only those raw materials/components etc. to be indicated for which proof of payment of Customs/Central Excise duties is shown in DBK-II/IIA/III | |
|inputs need not be given where no benefit of duty paid is claimed because of CENVAT or absence of proof of duty. Only a brief mention of such imputs | |
|be sufficient | | | | | | | | | |
|6. Copies of the Invoices regarding sale of recoverable wastage are to be furnished. | | | | | |
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| | | | | | | |Production In-Charge | | |
| | |
|Direct imports of materials/components made by the manufacturer and foreign materials obtained locally by the manufacturer during the period commencing three |
|to the date of shipment/first shipment upto the date of appliation, for manufacture of (Name of | | |
|S.No. |Description imported |S.No.in DBK I Statement |B/E No. and date under |Name of CustomsHouse |Unit|Qty. imported |Assessable value | |
| | | |which | | | | | |
|1 |2 |3 |4 |5 |5A |6 |7 | |
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|Rate of duty (Basic + |Is the assessment final |Amount of duty paid (to be indicated seperately for Basic |Name and full address of the Supplier in case the foreign materials/components obtained locally |
|SAD + CVD) | |+ SAD+CVD | |
|8 |9 |10 |11 |
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|Note:-1. If any of the materials mentioned above have also been imported originally by a person other than the exporter, a purchase receipt alongwith its invoice inter |
| alia the Bill of Entry vide which the importation has been effected and a Disclaimer from the original importer to the effect that (he has no objection) | |
| drawback in respect of the imported materials by the exporter; (ii) that no exemption from payment of Customs duty for the import of the materials un | |
| Bills of Entry have been availed should be furnished alongwith the relevant details of the Customs Duty paid) | | | |
| 2. The exporter should also certify that the benefit of drawback of the Customs duty paid for the goods imported under Bill/Bills of Entry mentioned | |
| not been claimed in any other Brand Rate application. In case, the same has been repeated partially or intended to be repeated partially in respet of any | |
| details thereof and this Ministry's Brand Rate letter may also be furnished. | | | | |
| | | | | | | | | |
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| 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 | |
| normally no DBK is admitted for provisionally assessed B/Es. In case, Bill of Entry has been provisionally assessed, an undertaking for not claiming | |
| DBK amount in case of higher final assessment should be furnished, and in case the final assessment is on lower side, the same has to be intimated to the |
| Revenue, (Drawback Division) for re-fixation of DBK rate/amount. | | | | | |
| 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 seperately(in linked Statement II-A) | | | |
| 6. The Bills of Entry (in original) evidencing payment of Customs duty is required to be attached. In case the quantity imported under the Bill of Entry | |
| exhausted with this Brand Rate application, the same will be retained in the Directorate of Drawback. In case, the quantity imported is partially the same will be returned with requisite endorsement thereon. |
| 7. Certified photocopy of the Advance Licence and DEEC book, wherever applicable may be attached. | | | |
| | | | | | | | | |
| Certified that theparticulars mentioned in this statement are correct to the best of my knowledgand belief and no claims for refund of duty in respect of a | |
|mentioned bills of entries (other than whose details are furnished) has been or will be lodged with the Customs Authorities. | | |
| | | | | | | | | |
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| | | | | | |Signature: | | |
| | | | | | |Name: | | |
| | | | | | |Designation: | | |
| | | | | | |Address of the Power of Attorney | |
| | | | | | |Holder or Authorised Agent. | |
| | | | | | | | | |
|Signature: | | | | | | | | |
|Name: | | | | | | | | |
|Designation: | | | | | | | | |
|Name & Address of the Institution under which Chartered | | | | | | |
| | | | | | | | | |
|Registration No. & date of Membership | | | | | | | |
|(This is required to be certified/countersigned by | | | | | | |
|a Chartered Accountant / Cost Accountant) | | | | | | |
| STATEMENT - DBK-IIA |
|Details of procurements relating to stock of imported materials as on commencement *date(*the date three months prior to the date|
|of shipment/first shipment |
|FIFO principle, required for manufacture of (Name of | |
|export product) | |
| | | | | | | | |
|S.No. |Description |S.No.in DBK I |B/E No. and |Name of Customs House |Unit |Qty.imported |Assessable |
| |Imported |Statement |date | | |originally |value |
| |stock | |covering the| | | | |
|1 |2 |3 |4 |5 |5A |6 |7 |
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|Rate of duty |Country from |Is assessment |Amount of |Name and full address of | |Stocks as on |Remarks |
|(Basic + CVD) |where |final? |duty (to be |the supplier in case the | | | |
| |imported & | |indicated |foreign | | | |
| |name of | |seperately |materials/components | | | |
| |supplier | |for Basic |obtained locally | | | |
| | | |SAD + CVD) | | | | |
|8 |9 |10 |11 |12 | |13 | |
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| Note:-1. In this statement please furnsih details of stock of all the imported inputs mentioned in Statement II which were|
|in stock 3 months prior |
| shipment/first shipment of the export product and how these were imported/procured. (Actual stock to be given|
|under Col.15, with procurement |
| 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. (Normal |
| provisionally assessed B/E are | | | | |
|admitted. | | | | |
| 3. Refund applications made if any for procurement shown in stock with details to be indicated. | |
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| 4. The Bills of Entry(in original) evidencing payment of Customs Duty is required to be attached. In case the |
|quantity imported under the Bill |
| exhausted with this Brand Rate application, the same will be retained in the Directorate of Drawback. In |
|case, the quantity imported is partial |
| the same will be returned with requisite endorsement thereon. | | | |
| 5. Certified photo copy of the Advance Licence and DEEC Book, wherever applicable may be attached. | |
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| Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims |
|for refund of duty in respect of a |
| mentioned bills of entries(other than whose details are furnished) has been or will be lodged with the Customs Authorities. |
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| | | | | |Signature: | | |
| | | | | |Name: | | |
| | | | | |Designation: | | |
| | | | | |Address of the Power of Attorney |
| | | | | |Holder or Authorised Agent | |
|Name: | | | | | | | |
|Designationl: | | | | | | | |
|Name & Address of the Institution under which Chartered. | | | | |
| | | | | | | | |
|Registration No. & date of Membership | | | | | |
|(This is required to be certified/countersigned by | | | | |
|a Chartered Engineer) | | | | | | |
ANNEXURE
Certificate to be appended by an independent Cost Accountant/Chartered Accountant at the end of Statements II and III.
It is certified that-
(a) We have checked the data contained in the Statements II-A & B, III-A & B and IIIA and it gives correct details of all stocks and procurements of the inputs used in the manufacture of the export product.
(b) We have checked the data contained in Statements II-A & II-B, III-A and III-B with the original copies of the Bill of entry, stock register and original copy of the gate passes wherever claimed to be available and the same is found to be correct. The stock procurement of every inputs as claimed is fully supported by Bill of Entry for imported input and gate pass for the indigenous input in the name of the applicant as indicated in the Statements. Wherever there is no bill of entry or gate pass by the procurement is under invoices, the same have been clearly indicated in the statements II/III respectively.
(c) The materials for which data has been furnished in statement II, but no data has been furnished in Statement III, are only of imported origin and no procurements are being made from indigenous sources;
(d) The selling price of the recoverable wastages/co-product/bi-product as indicated in DBK-I have been verified with the sale invoices. These are in order and comparable to their current market price.
(e) The assessment documents (bills of entry/gate passes) have been finally assessed and the manufacturer has not claimed any refund of the duties paid on any these documents.
(f) Wherever the assessments under any case are provisional or refund of duty claimed against a B/E/G.P. the same has been clearly indicated in related DBL/II/III statements.
Signature…………………………..
Name…………………………………
Designation…………………………..
Address………………………………
Name & Address of the Institution under which chartered………………………………………………………………………
Reg.No……………………………………………………………………….
Place:
Date:
DECLARATION REQUIRED TO BE FURNISHED BY A
SUPPORTING MANUFACTURER AND VENDORS
ALONGWITH BRAND RATE APPLICATION
I/we hereby declare that I/we, having my/our manufacturing unit at …………………………………………………………………………………… are the supporting manufacturers/vendors in respect of the following components used in the manufacture of the export item, viz,…………………………………………………….for which M/s…………………………………………………………………………..have filed application with the Ministry of Finance, Department of Revenue, New Delhi for fixation of Brand Rate of drawback for the aforesaid export item.
I/we hereby furnish disclaimer to the effect that I/we have no objection if the aforesaid applicant claims the drawback in respect of the Customs and/or Central Excise Duties, which have been paid for the inputs, which have gone into the manufacture of the aforesaid export item.
I/we hereby declare that benefit of CENVAT credit has not been availed for any of the inputs used in the manufacture of the export item and the declaration to this effect has been countersigned by the Superintendent of Central Excise having jurisdiction over the manufacturing unit.
I/we will make the manufacturing unit and the documents relating to the Brand Rate application of the exporter available for verification by the Department of Revenue/Central Excise authorities etc.
Signature:
Name:
Designation:
Address of the power
Of Attorney Holder or
Authorized Agent on
Behalf of the applicant
Date:-
| |[pic] |Back to Main Index |
Government of India
Ministry of Commerce and Industry
Department of Industrial Policy and Promotion
*****
12th June, 2000
Udyog Bhavan, New Delhi.
PRESS RELEASE
In fulfilment of its commitment to provide greater transparency in decision making and to dispose of proposals in a time bound manner, it has been decided to constitute a committee under the chairmanship of Joint Secretary, Department of Industrial Policy and Promotion to consider applications for issue of Essentiality Certificate for allocation of Coal/Coke/LPG for those items for which Department of Industrial Policy and Promotion is administratively concerned except the ‘cement industry’ for which proposals are directly considered by the ‘Standing Linkage Committee’ in Department of Coal. The committee will consider the following types of cases:
a. If the additional requirement of the existing firms is more than 10% of their best annual consumption during the last 3 years.
b. For new units.
c. For substantial expansion.
Applications for issue of the aforesaid essentiality certificate should be necessarily filed with the Entrepreneurial Assistance Unit, Secretariat for Industrial Assistance (SIA), Department of Industrial Policy & Promotion, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi which on receipt of such application shall issue a computerized acknowledgement, bearing registration number for all future reference. Applicants should ensure that all documents are filed along with the application as per the enclosed proformae (Annexures A and B). The necessary "Essentiality Certificate" will be issued or communication issued otherwise to the applicant within a period of three weeks.
(I. SRINIVAS)
DIRECTOR
File No. 7(25)/99-IP dated 12th June, 2000.
Forwarded to the Press Information Bureau for giving vide publicity to the contents of the above press release.
[pic]
ANNEXURE A
|Proforma for Application for Allocation of Railway Wagons |
|for movement of coal under priority classification: |
|(To be used by all industries under administrative control of Department of IPP |
|except Cement Industry) |
| |
|1 |State : | |
|2 |Name of Industrial Consumer : | |
|3 |Address : | |
| |a. Registered office : | |
| |b. Location of the plant : | |
|4 |Name of destination/ station for coal/coke receipt : | |
|5 |Item of manufacture : | |
|6 |Item-wise capacity as per letter of Registration/ | |
| |Industrial Licence/ IEM : | |
|7 |Broad specification of the equipment for which coal/ coke | |
| |would be needed : | |
|8 |Grade of coal/coke required viz., Steam/ Slag/ BP/ BH/ | |
| |Hard coke : | |
|9 |Whether coal/ coke is required from | |
| |Railway or CIL stockyard : | |
|10 |A) Item-wise production for each item for last three years| |
| |in tonnes : | |
| |B) Raw materials used : | |
|11 |Receipt of coal/ coke during last three years in tonnes | |
| |(year-wise) : | |
|12 |Consumption of coal/ coke for production at Sl.No. 10(A) | |
| |above : | |
|13 |Any other fuel consumed for the same operation : | |
|14 |I) Requirement of coal/coke for the year | |
| |_____(January-December) : | |
| |II) Whether the serving colliery (ies)falls under Western | |
| |Coal Fields Ltd. : | |
|15 |Any other Information | |
| | |Signature of the Applicant |
| | |Name: |
| | |Designation |
| |Date: | |
| |(N.B.: Please refer to Note-1, annexed) | |
:
[pic]
ANNEXURE B
Proforma for Allocation of LPG
|1 |Name of Industrial Unit and the factory address where LPG is tobe | |
| |supplied | |
|2 |Specific item of manufacture for which LPG is required | |
|3 |Description and purpose of the equipment involving the use of LPG | |
|4 |Specific technological reasons for inability to use alternative | |
| |fuels other than LPG. | |
|5 |Quantity of LPG (tonne) required per month, keeping in view the | |
| |phased production target in the unit | |
|6 |Date from which LPG supply is required | |
|7 |Name of the oil company from which LPG supply is to be arranged | |
|8 |The month-wise past off take/ consumption of LPG (in tonne) with | |
| |corresponding production for the same period (for existing units | |
| |only) duly certified by an independent Chartered Accountant | |
|9 |Date of Government approval of the scheme for which LPG is | |
| |recommended (Copy of the approval to be attached) | |
|10 |Date of acquisition/ installation of the equipment mentioned against| |
| |Sl.No.3 | |
|11 |Date of acquisition / installation of of storage tank for LPG | |
|12 |Likely date of commencement of production (in case of New units/ | |
| |substantial expansion projects) | |
| | | |
|Date: | |Signature of the Applicant |
| | |Name |
| | |Designation: |
(N.B.: Please refer to Note-2, annexed)
[pic]
Note 1: For Annexure A
1. Details under column 10, 11, 12 &13 should be certified by an independent Chartered Accountant
2. Complete details of order book position and production programme to be enclosed in the cases where additional requirement is more than 10% of the best yearly past consumption (by the existing units).
3. New Units / Substantial expansion projects should give certificate from Chartered Engineer, regarding installation of plant and machinery indicating the status of the project, likely date of commencement of commercial production, detailed calculation for coal/ coke requirement.
4. New units/ substantial expansion projects should indicate clearly as to whether they have established linkage with Coal India Limited (attach photo copy).
Note 2 : For Annexure B
1. Information from S.No.9 to 12 to be submitted only for new units/ substantial expansion projects.
2. Upto date valid licence from Department of Explosives for bulk storage of LPG to be enclosed ( by the existing units)
3. Complete details of order book position and production programme to be enclosed in the cases where additional requirement is more than 10% of best yearly past consumption (by the existing units).
4. Approval / licence from Department of Explosives for bulk storage of LPG to be enclosed ( by the new units/ substantial expansion projects)
5. Chartered Engineer’s Certificate regarding installation of plant and machinery, likely date of commencement of production and detailed calculation for fresh/ additional LPG to be enclosed (by the new units/ substantial expansion projects).
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[pic]
Government of India
Office of the Commissioner of Customs
Custom House, 15/1 Strand Road, Calcutta
[pic]
Public Notice No. 34/2000
Dated 03/05/2000
Subject : Revised procedure to be followed for processing of manual Bills of Entry at Air Cargo Complex : Calcutta
All Importers, Custom House Agents and all others concerned are hereby informed that in order to further strengthen the system of processing and clearance of Manual Bills of Entry, the following time frame is prescribed for Air Cargo Complex, Calcutta.
2. In this revised procedure, any importer/CHA wishing to submit any document may henceforth bring along an acknowledgement slip in the format annexed herewith as Annexure 'A' to this Public Notice.
3. The B/E alongwith required documents, as per the checklist annexed in Annexure 'B' will be submitted to the Import Noting Clerk who will check the B/E and documents with reference to the Check List. He shall allow noting if found in order and make an endorsement in the acknowledgement slip. The said clerk shall then indicate the particulars and specially the time of noting on the acknowledgement slip. In case the documents are not found to be in order, the Import Noting Clerk shall return the same to the Importer or his authorised CHA with his remarks indicating the nature of discrepancies / non-submission of any documents / any other deficiency.
4. The Import Department, after the completion of the noting of Bs/E shall arrange for their transmission and distribution to the group distributors at a regular interval, the time gap for which will not be more than half an hour in any case through the Import Deptt. Sepoy. The Group distributors will give the receipt of B/E in the Group showing the time of receipt for each B/E and the same will be noted down in the B/E Register maintained in the Group.
5. In this revised procedure the B/E alongwith its related documents shall not be allowed to be handled by the CHA/trade representative/Importer from the stage of completion of noting of Bills of Entry to the stage of delivery of the completed B/E by the Group Distributor. If any CHA/Importer is found to be handling the B/E during the intermediate stages of processing, it will be viewed adversely and strict action shall be taken against the persons concerned.
6. Each group will nominate a Sepoy, attached to that group, who will carry the Bills of Entry under process in the groups from the stage of completion of noting to the stage of delivery of the completed Bs/E. He will be responsible for the safe transmission and carrying the B/E alongwith the related papers to the various officers of Group and Audit.
7. In case of first check examination, the order will be given by the Group Appraiser which will be countersigned by the Group A.C./D.C. Thereafter the B/E shall be given to the Group Distributor who will hand over the B/E to the CHA/Importer under date/time receipt. After the first check, the CHA/Importer will resubmit the B/E and sample, if any, to the Group distributor.
8. The Group Distributor shall deliver the completed B/E to the Importer/CHA after putting the stamp of date of completion of B/E.
9. In case any further information/clarification/documents are required by Assessing Officer in the course of assessment, they shall invariably issue a query slip indicating specific reasons for the query. Every query memo shall contain all the requirements/deficiencies/objections required to be attended by the Importer/CHA. The B/E shall not be returned to the Importer/CHA alongwith the query memo; it shall be kept in the custody of the concerned Appraiser pending reply to the query memo/objection. However, in case any amendment is warranted on the B/E itself, the Group Appraiser may hand it over to the Group Distributor after recording the same in the query memo. The Group Distributor shall then return the same to the Importer / CHA after obtaining his signature and recording the date and time. The completed/amended B/E should be resubmitted directly to the Group Distributor against an acknowledgement slip. In case the Appraiser/ A.C./ D.C. Group requires some explanation in person, the Importer/CHA would discuss the same.If the Importer/CHA requests for discussion, the same will be allowed by the A.C./D.C. group.
10. After assessment is complete, the Group Distributor shall hand over the assessed B/E to the Importer/CHA after keeping a record of date and time of such delivery and obtaining the signature of Importer/CHA concerned. The Group Distributor shall deliver the same to the Importer/CHA, at regular intervals, the gap being not more than half hour in any case.
11. The Bill of Entry should be submitted in the Accounts Deptt. and thereafter at the SBI extension counter alongwith the duty amount. The importer/CHA shall collect the remaining copies of the Bills of Entry (after detachment of original Bill of Entry) from the Accounts Section.
12. Custom House, Calcutta, vide Public Notice No. 33/2000 dt.13.05.2000 has stipulated a time frame for different stages of processing B/E in Custom House, starting from Import Noting to pass out of Customs charge of the goods. In view of the urgency associated with the Import of goods by air, it is expected that the Customs personnel of Air Cargo Complex, Calcutta will clear the documents and goods even faster than the time stipulated for each stage in the aforesaid P.N. No. 33/2000 dt.3.5.2000.
13. In case it is found by the importer/CHA that there has been delay in processing of documents, they may immediately report the same to the Joint Commissioner (ACC). Commissioner will also be available for attending to such grievances.
14. This revised procedure will be applicable for Bs/E processed on manual mode only.
All the Public Notices issued in this regard, not conforming to this Public Notice, stand modified to the extent.
All the members of trade are requested to follow the procedure of this Public Notice strictly and cooperate.
sd/-
( S. Dutt majumdar )
Commissioner of Customs (Admn. & Airport)
Custom House, Calcutta
F.No.S60-10/2000A(G)
Dated : 28.04.2000
[pic]
A N N E X U R E 'A'
We/I __________________________ of ________________________ Company / Clearing Agency hereby submit the following documents at__________________ ________________________________ Cell / Unit / Group for the purpose of _________________________________________________________________ .
Details of Documents :
1)
2)
3)
.................................
Signature ________________
Name in full______________
Date ____________________
Stamp
FOR OFFICE USE ONLY
Received by me
Signature ___________________
Name in Full_________________
Designation__________________
Date________________________
Time________________________
[pic]
A N N E X U R E 'B'
|Sl. No. |Description of Documents |
|1. |Bill of Lading / Airway Bill |
|2. |Import Invoice |
|3. |Packing List |
|4. |Certificate of Analysis / MSDC / N.O.C. Form / ADC etc. |
|5. |Insurance Policy / Certificate |
|6. |Certificate of Origin, wherever necessary |
|7. |DEEC Declaration, if applicable |
|8. |GATT Declaration of value |
|9. |Undertaking for payment of duty |
|10. |Contract & L/C if any and any other documents in support of the declared value / High Sea Sale |
| |agreement |
|11. |Product Catalogue / Technical Literature / Chartered Engineer Certificate wherever required |
|12. |ITC Licence / DEEC Book / EPCG Licence / DEPB Scrip / 100% EOU Cft. & green card / DFRC / TRA if any|
| |etc. |
|13. |Any other document |
_________________________________________________
_________________________________________________
_________________________________________________
( Tick wherever applicable )
[pic][pic][pic][pic]
|[pic] | |STATE |[pic] |
| | |POLICIES | |
| |
| |
|PUNJAB |
|VIII. CHANGES IN THE EXISTING REGULATIONS |
|This chapter deals with provisions contained in the following Acts/Legislations/Regulations :- |
|Factories Act. |
|Boilers Act. |
|Regulations of Industries Department. |
|Factories Act |
|Being a centrally sponsored legislation, basic amendments or deletions fall within the purview of |
|Government of India. However, the powers to frame rules under this and other labour legislations have |
|been delegated to the State Government. The Government of Punjab has notified RUles under the Act. |
|Certain amendments are being recommended to meet the following objectives :- |
|- To facilitate time bound clearances for setting up of new units/industry. |
|- To lay greater responsibility on the industry to comply with the remaining provisions through |
|self-regulation. |
|- To provide alternative authority of certification, other than Government employees, Inspectors etc. |
|The following amendments in the current rules/procedures under the Act are proposed :- |
|Approval of Building Plans |
|Existing Provision: |
|Rule 3 of the Punjab Factories Rules 1952 provides that no building shall be constructed for use as |
|factory unless plans in respect of such buildings are approved by the Chief Inspector. |
|For this purpose the Chief Inspector of Factories has drawn up a list of Private Architects and |
|declared them as an authorised person. The application for the approval of building plans is to be |
|submitted by the applicant along with building plans duly certified by any of the so authorised |
|Architects. However, before the approval, the site is to be physically inspected by the Factory |
|Inspector. |
|No time limit for the approval of building plans has been provided under the Punjab Factory Rules. |
|Amendment Proposed: |
|Certification of the building plan by any Architect having qualifications as already prescribed by the|
|Department of Labour in their rules notified on Sept.2, 1994 would be sufficient for grant of the |
|building plans. |
|Submission of plan duly certified as above shall be deemed to be the provisional approval of the |
|building. |
|Final approval of the building plan shall also be deemed to have been granted in case no objection is |
|conveyed by the Director of Factories to the Applicant within 30 days of the receipt of the |
|application for approval of building plan. |
|Certificate of Stability |
|Rule 4 of the Punjab Factories Act provides that no manufacturing process is to be carried out with |
|the aid of power in any building or part of the building until a certificate of stability of the |
|building or part of building in form No. 1 B signed by a person possessing the qualifications |
|prescribed in sub rule has been delivered to and accepted by the chief inspector. |
|Stability certificate issued by any Architect having qualification as already prescribed by the |
|Department of Labour in their rules notified on Sept.2. 1994, shall be valid for undertaking |
|manufacturing process in such building for which certificate has been issued. Submission of |
|certificate shall be valid for undertaking manufacturing process in such building for which |
|certificate has been issued. Submission of certificate shall be deemed to be compliance of Rule 4. |
|Grant of Licence |
|Rule 8 (2) of the Punjab Factories Rules provides that every licence granted or renewed shall remain |
|in force up to 31st December of the year for which the licence is granted or renewed. |
|Licence granted to the factories both in case of non-hazardous and hazardous operation shall be for 15|
|years. In case of non- hazardous operation, mere acknowledgment of the submission of application for |
|grant of licence shall be deemed to be the licence. In case of any objection, the same shall be |
|communicated by the Chief Inspector of Factories to the applicant within 15 days. |
|In case of hazardous industry, the applicant would submit application accompanied by all relevant |
|documents, including study report of safety measures taken by the factory's owner to the Director of |
|Factories. Director of Factories shall take a final decision on the application within 30 days of its |
|receipt. In case refusal is not conveyed during prescribed period, the application/consent shall be |
|deemed to have been granted. |
|Safety and Emergency Provisions |
|The Punjab Factories Rules, 1952, provides certification of dangerous machinery, pressure vessels, |
|lifting machines, hoists and lifts, chains, ropes and lifting tackles, pressure plant, against |
|dangerous fumes etc. |
|Certificate issued by a Chartered Engineer having qualifications as already notified by the Department|
|of Labour shall be relied upon for dangerous machines, pressure vessels, lifting machines, chains, |
|ropes and lifting tackles, pressure plant and precautions against dangerous fumes/gases etc. |
|Welfare |
|In accordance with the section 10 of Factories Act 1948, State Govt. has appointed three Medical |
|Officers (Medical inspectors of Factories) in the State and declared them as Certifying Surgeon within|
|their local limit. |
|These Certifying Surgeons are required to issue certificate of fitness to young persons employed in |
|the factories. |
|For the purpose of examination and certification of young persons under rules 17 of the Punjab |
|Factories Rules, any Medical Practitioner registered with the Indian Medical Council shall be |
|authorised to issue the Certificate. |
|Site Approval |
|A Site Approval Committee has been constituted in accordance with the section 41 A of the Factories |
|Act for grant of permission for initial location of a factory engaged in hazardous process and for |
|expansion of any such existing industry. |
|The State Govt. has constituted another Committee termed as Competent State Authority under the Water |
|and Air (Prevention and Control of Pollution). Polluting industries are required to obtain clearance |
|of site from environmental angle from this committee. These industries are also required to take |
|clearance from the site approval committee constituted by the Factories Department. However, the |
|constitution of Site Approval Committee is not mandatory under section 41 A of the Factories Act. The |
|functioning of these two committees is thus overlapping. This involves considerable delay in the |
|implementation of the project by an entrepreneur as he has to run from one deptt. to another for |
|getting clearance from the Competent State Authority and the Site Approval Committee. |
|A Single authority called the Competent State Authority to give clearance under the Factories, Water |
|Act & Air Act is proposed on the basis of a single common application form to be devised. |
|The Competent State Authority may be reconstituted with following members : |
|Secretary to Govt. Punjab Chairman Deptt. of Science, Technology, Environment, Non-Conventional |
|Energy. - Chairman |
|Secretary to Govt. Punjab Member Deptt. of Industries & Commerce - Member |
|Principal Chief Conservator of Forests, Punjab - Member |
|Chief Town Planner - Member |
|Director of Factories - Member |
|Director of Industries - Member |
|Chairman, Punjab Pollution - Secretary |
|Boilers Act |
|The State Government will, under section 5 of Indian Boiler Act, 1923, appoint Chartered Engineers |
|having requisite qualifications as inspectors for the purpose of exercising powers and performing |
|duties conferred and imposed under this Act. |
|Regulations of Industries Department |
|Prior to the introduction of the Package of Incentives 1992, the State Government, in order to |
|eliminate the visits of various departments to an industrial unit, formulated a scheme in July 1992 |
|known as "Inspector Free Raj". This scheme was sought to be implemented on an experimental basis in |
|the industrial township of Mohali. However, the response to the scheme was not encouraging. The major |
|drawbacks of the scheme have been that-: |
|The units were required to submit an affidavit to the effect that in case of default of the rules and |
|regulations of the various acts applicable to an industrial unit, at any stage, they would pay fine 10|
|times of the normal minimum penalty under the relevant Act. |
|The entrepreneurs, particularly of the SSI sector, were enable to do this as : |
|- They were not aware of the entire gamut of the rules and regulations which they were supposed to |
|comply with. |
|- The penalty proposed on non-compliance was very heavy. |
|The industry was apprehensive of the combined visits of a team of officers to their premises for |
|carrying out inspection. |
|The industry fell that it was more convenient to operate with the existing system of compliance where |
|inspections by the inspecting agencies were mere formalities and required certificate could be |
|obtained at a low cost. |
|Nevertheless, visits of the field functionaries of the Industries Department to an Industrial unit |
|have already been reduced to the barest minimum. Senior Industrial Promotion Officers of the |
|Department now visit the units only at the time of grant of permanent SSI registration, because the |
|registration is linked with grant of fiscal incentives to the unit. No verification is done at the |
|time of processing the incentive claim, and the information given by the unit, supported by |
|certification from the financial institution, is relied upon by the Department. Functionaries of the |
|Industries Department would henceforth visit an industrial unit for the following purposes only : |
|Permanent SSI registration. |
|Grant of Essentiality Certificate for import licence in case of import of items not covered under |
|O.G.L., on request by the units concerned. |
|For collection of samples, as prescribed by the Government of India, under Lubricant Oils and Greases |
|Order, 1987, for ensuring quality-production and distribution of these items. |
|For the purpose of Quality Marking of goods manufactured by the industrial units, on request from the |
|units concerned. |
|IX. Amendments/relaxation/interpretation of Rules |
|The Principal Secretary Industries & Commerce shall be vested with powers to amend/ relax /interpret |
|rules under this policy in consultation with the Departments/Agencies of Government concerned. |
|X. Applicability |
|This Policy and Package of Incentives would be effective from Ist April, 1996. For giving effect to |
|this policy, necessary amendments in various enactments, wherever necessary, shall be expeditiously |
|undertaken. Government will also notify detailed rules for the implementation of this policy. |
|[pic][pic] |
|[pic] |
| |
| |
| |
| |
|[pic] |
|[pic] |
| |
|[pic] |
ANNEXURE A
STATE BANK OF INDIA
HOUSING LOAN APPLICATION FORM FOR INDIVIDUALS
1st Applicant 2nd Applicant
|Name (in full) | | |
| | | |
| | | |
|Father/Husband’s Name | | |
|Relationship with 1st/ 2nd | | |
|applicant | | |
|Residential Address | | |
|Office Address | | |
| | ............................................. | ............................................... |
| |.................................................. |.................................................. |
| |.................................................. |............................PIN................ |
|Date of Birth | ................................................ | ................................................ |
| |................................................... |.................................................. |
|Sex |...............................PIN............ |...............................PIN............. |
|Marital Status |Tel.No.(R).............(O).............. |Tel. No.(R)................(O)........... |
|Status | | |
| | M | M |
|Do you belong to |F |F |
|No.of dependents | Single Married | Single Married |
|Educational/Professional | Resident Non- | Resident Non- |
|Qualifications | Resident | Resident |
|Occupation Details | SC ST OBC | SC ST OBC |
|No. of years in | Children Others | Children Others |
|present occupation |.............................. |........................ |
| |................................................. |................................................. |
|Designation & Employee Number. |.................................................. |.................................................. |
|Date of Retirement |.................................................. |................................................. |
| |.................................................. |.................................................. |
| | | |
| |................................................. |................................................. |
| |................................................ | |
| | |.................................................. |
| | | |
|NAME OF A/C. HOLDER |
|TYPE OF A/C. |
|NAME OF BANK & BRANCH |
|ACCOUNT NUMBER |
| |
|................................. |
|................................. |
|.................................. |
|.................................. |
|................................. |
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|................................. |
|.................................. |
|.................................. |
|................................. |
|................................. |
|.................................. |
|.................................. |
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| |
|1ST APPLICANT |
|2ND APPLICANT |
| |
|1. Monthly Gross Salary |
|2. Monthly Net Salary |
|3. Other Income |
| Source of other Income |
|4. Annual Income as per IT return |
|5. Advance tax paid in current year |
|6. Expected Monthly Rental Income |
| from the proposed flat/house |
|7. Monthly instalments proposed |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|..................................... |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|..................................... |
|Rs................................ |
|Rs................................ |
|Rs................................ |
|Rs................................ |
| |
Please indicate below details of investments and all loans taken/proposed from employer, Provident Fund, etc., and instalment(s) payable per month on the same including interest against each loan.
|Savings, Investments, etc. |
| |
Particulars
1st Applicant
2nd applicant
Loans
Outstanding Amount Rs.
Monthly Instalment Payable
Rs.
Term
(Months)
Savings Bank
Immovable Property (specify)
Current balance in Provident Fund (your share)
Other Assets
(Specify)
1.
2.
Life Insurance Policy (ies)
Postal Life Insurance Policy (ies) ( Amount/
Maturity Dates)
1st Applicant
Employer
Bank
Credit Society
Others
2nd applicant:
Employer
Bank
Credit Society
Others
Details of existing Loans from State Bank of India :
1st Applicant ................................................................................................
................................................................................................
2nd Applicant ................................................................................................
.................................................................................................
|DETAILS OF IMMOVABLE PROPERTY |
|(TO BE PURCHASED/CONSTRUCTED/RENOVATED/IMPROVED) |
| |
| i) Mention House No./Plot No., Area, City, PIN Code, Proposed Built up Area and address of housing society/builders/seller. |
| |
|..................................................................................................................................................|
|................................. |
| .............................................................................................. |
|..................................................................................... |
|ii) Plot/Flat/House allotted by a |
| Housing Housing Development Private Cooperative |
| Society Board Authority Builder Society |
|iii) If possession is leasehold , unexpired period of lease : ...... years. |
|Purpose of Loan |1. Purchase of 2. Purchase of |3. Construction 4. Extension of |5. Improvement/ |
| | a new flat/ flat/house being | of new house house/flat | Renovation |
| | house Resold | | of house/flat |
|Cost of Property |Rupees |Source of funds |Rupees |
|1. Cost of land | |1. Amount already invested | |
|2. Cost of construction/Extension | |2. Savings in Bank | |
|3. Cost of Amenities/ Service | |3. Disposal of | |
| Charges | | Investment/property | |
|4. Cost of Repair/Improvement | |4. P.F. | |
| | | (a) Refundable | |
| | | (b) Non-Refundable | |
|5. Cost of Flat/House | |5. Others (Specify) | |
|6. Cost of stamp duty/ | |6. LOAN APPLIED FOR | |
| Registration/Electrical | | | |
| connection/Municipal charges | | | |
| | | | |
|Total Cost * | |Total Funds * | |
* Total cost should equal Total Funds
As per the scheme of the Bank, I/we apply for a loan on a fixed rate basis / floating rate basis. (Delete whichever is inapplicable)
PROPOSED REPAYMENT
| | |
|Repayment | Period of Repayment .............................................................................. |
|Term of Loan |--------------------------------------------------------------------------------------------------------- |
| |Mode of Repayment |
| |Check-off facility with employer |
| | |
| | Salary Account and SI at Branch |
| | |
| | Post-dated cheques |
COMPLETE (A), (B) OR (C) WHICHEVER IS APPLICABLE
|(A) LOAN FOR CONSTRUCTION |(B) LOAN FOR PURCHASE OF |(C) LOAN FOR EXTENSION/ |
| | HOUSE/FLAT (READY | REPAIRS |
| | BUILT) | |
| | | |
| |1. Is the Unit New Old |1. Age, of Existing structure:......... |
| |2. Age of existing structure |2. Plot Area/Built up area of flat |
|I. In case of House | if old. | in sq.ft.................... |
| 1. Area of Plot.............Sq.ft. |:...........years |3. Market value of existing structure |
|2. Proposed built up area:-........sq.ft. |3. Purchase price Rs....................... | Rs......................... |
| 3. Purchase price of Plot. |4. Cost of additional items |4. |
| Rs.............. | Rs............................ |(A) Is the property mortgaged to any |
| 4. Architect’s fees Rs.......... |5. Total Cost Rs............................ | institution :- |
|5. Cost of construction. Rs.......... |6. Area of Plot/Undivided | Yes No |
|II. In case of Flat | share of land......................... |(b) If yes, name of Institution :- |
| 1. Area of undivided shares |7. Built up area Sq. | ________________________ |
| of land ........................... |Ft....................... | (c) Value of outstanding loan |
| 2. Cost of undivided share |8. Market Value | against the mortgage :- |
| of land Rs....................... | Land Value Rs.................. | Rs............ |
| 3. Cost of semi-finished flat | Structure Value Rs............ |5. Details of proposed repair/ |
| Rs........................ | | extension :- |
| 4. Cost of completion or/and | | ------------------------------------------ |
| additional items Rs.................. | | ------------------------------------------ |
|III. Registration Charges | | ------------------------------------------- |
| Rs................................. | | ------------------------------------------- |
|IV. Total Cost Rs.................. | |6. Estimated cost of repairs/ |
|V. Market Value as per Report. | |extension :- |
| Rs................... | | |
| | |Rs....................................... |
| |
| |
| |
| (Please tick wherever |
|necessary) |
|I/We have attached the following copies of supporting documents (duly attested wherever necessary) |
| Sale Deed /Agreement of Sale |
| Copy of approved drawings of proposed construction/purchase/extension . |
| NOC under the Provisions of ULC Act, 1976. Original of the same. |
| Detailed cost Estimate / Valuation Report from Chartered Engineer/Architect. |
| In case of conversion of agricultural land for non-agricultural purposes, |
| copy of the relative order. |
| Non Encumbrance Certificate for 13 years |
| Salary Certificate & Form 16 of previous year (in case of employed) |
| IT Returns for the last 2 years’ (if IT assessee) duly accepted by the ITO. |
| |
| Allotment letter of Co-operative Society / Housing Board (if applicable), in original. |
| NOC from society/builder as per enclosed Annexure. |
| |
| Proof of residence (Identity Card/Passport/Voter Identification Card/Driving licence) |
| Tax paid receipts etc. (Advance IT/Property Tax/Municipal Tax, etc.) |
| Others |
| |
| |
| |
| |
| |
| I /We hereby apply for a loan from State Bank of India to the extent indicated in the Loan Request Section of this application form. I/We |
|declare that the foregoing particulars and information furnished in this application form are true, accurate and complete and that they shall form|
|the basis of any loan State Bank of India may decide to sanction me/us. I/We confirm that I/We have/had no insolvency proceedings against me/us. |
|Nor have, I/We been adjudicated insolvent. I/We further confirm that I/We have read the terms and conditions and understood the contents therein.|
|I/we am/are aware that if I/we opt for loan at floating rates of interest, the Equated Monthly Instalment will comprise Principal and interest |
|based on Bank’s Medium Term Lending Rate which is subject to change from time to time. |
| I/We agree that State Bank of India may at its discretion conduct discreet inquiries in respect of this application. I/We undertake to inform|
|as to any change in my/our occupation/employment residential address and to provide any further information that the Bank may require. State Bank|
|of India will be at liberty to take such action as it may deem necessary if my/our above statements are found to be untrue. I/We agree that State|
|Bank of India shall have the sole discretion to reject/reduce my/our loan application without assigning any reason therefor. I/We further agree |
|that my/our loan transactions shall be governed by the rules of State Bank of India which may be in force from time to time. |
| 1st Applicant’s Signature 2nd applicant’s Signature |
| Place Place |
| Date Date |
form-hfn
ANNEXURE G
Arrangement Letter - Housing Finance
STATE BANK OF INDIA To,
.........................BRANCH Shri/Smt./Kum.
....................................... .....................................................
.....................................................
Date :
Dear Sir,
Personal Segment advances :
Housing Finance
Term Loan of Rs......................lakhs
With reference to your application dated ..................., we hereby sanction you a Term Loan of Rs............................(Rupees..................................................................................only) on the following terms and conditions :
1. Purpose
The loan is sanctioned to you for the purpose of purchase / construction / extension / repairs of new/second-hand residential house/flat at the following address :
............................................................................................
............................................................................................
............................................................................................
2. Margin : %
3. Rate of Interest :
Fixed Rate of Interest * :
Interest on the loan will be charged at .........% p.a. on highest monthly reducing balance at quarterly rests. In the event of a default in payment or any irregularity in account, the Bank reserves the right to levy a higher rate of interest, as it deems fit.
Floating Rate of Interest * :
Interest on the loan will be charged at ........% p.a. over SBMTLR which is currently ..................% p.a. (The current effective rate being ..........% p.a.) with quarterly rests. The rate of interest is subject to revision from time to time and you shall be deemed to have notice of changes in the rate of interest whenever the changes in SBMTLR are displayed/notified at/by the branch/published in newspapers/made through entry of interest charged in the passbook/statement of account sent to you etc. The Bank has the option to reduce or increase the EMI or extend the repayment period consequent upon changes in SBMTLR. In the event of a default in payment or any irregularity in account, the Bank reserves the right to levy a higher rate of interest as it deems fit.
* Delete whichever is not applicable.
4. Repayment :
The loan is to be repaid in Equated Monthly Instalment of Rs_________. The repayment instalment commences (a) 2 months after completion of construction or after eighteen months from disbursement of first instalment, where loan is released in instalments, , whichever is earlier or (b) from ______ *. Your liability to the bank will be extinguished only when the outstanding in the loan account becomes Nil, on payment of residual amount, if any.
* delete which is inapplicable.
5. Security :
The loan will be secured by :
a) Equitable / Registered mortgage of the land and building situated at __________________________________ [for which the loan has been sanctioned, valued at Rs.________________belonging to Shri/Smt./Kum._______________S/o / W/o / D/o ___________________ in favour of the Bank.
b) Equitable / Registered mortgage of the land and building situated at __________________________ valued at Rs.________________ belonging to Shri/Smt./Kum._______________S/o / W/o / D/o (Guarantor) ___________________ and Shri/Smt./Kum._______________S/o / W/o / D/o (Guarantor) ___________________in favour of the Bank.
c) Third Party Guarantee of .................................................................................
...........................................................................................................................
...........................................................................................................................
d) ...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
6. Utilisation of the loan :
The amount of the loan shall be utilised strictly for the purpose detailed in your application and in the manner prescribed. The construction of the house/flat or the modification/extension proposed by you in the existing house/flat should be strictly according to the plan approved by the Local Authorities/Town Planning and Development authorities. Any modification desired in the scheme as originally approved, can be undertaken only after express sanction for it has been obtained in writing from the Bank.
7. Insurance :
The house/flat shall be insured comprehensively for the market value covering fire, flood, etc. in the joint names of the Bank and the borrower.
8. Inspection :
The Bank will have the right to inspect, at all reasonable times, your property by an officer of the Bank or a qualified auditor or a technical expert as needed by the Bank and the cost thereof shall be borne by you.
9. Legal expenses etc. :
All legal expenses, like solicitor’s and lawyer’s fees, valuer’s fees, insurance premia, stamp duty, registration charges and other incidental expenses incurred in connection with the loan should be borne by you.
10. Disbursement :
The loan will be disbursed only on the following conditions :
a) Title of the property proposed to be mortgaged is clear, absolute, unencumbered and marketable to the satisfaction of the Bank’s solicitor and a valid mortgage (equitable or registered if equitable mortgage is not possible) has been created in favour of the Bank..
b) All the security documents prescribed have been executed by you/co-applicant (s)/ guarantor(s).
c) The loan will be disbursed as under : (applicable where loans for construction is desired or purchase is throu gh payment in instalments)
Stage Amount (Rs.)
I)
ii)
iii)
iv)
v)
The loan is also subject to other terms and conditions that may be prescribed by the Bank from time to time. Please call on us on any working day to execute the documents. The duplicate copy of this arrangement letter may please be returned to us duly signed by you and the guarantor(s) in token of acceptance of the terms and conditions detailed herein.
Yours faithfully,
Branch Manager
Received the original. Terms and conditions accepted
Borrower(s)
Date
Terms and conditions of the loan are noted.
Guarantor(s)
Date
ANNEXURE E
(SPECIMEN OF MEMORANDUM OF TERM LOAN AGREEMENT FOR
HOUSING LOAN GRANTED TO PUBLIC)
TO BE STAMPED AS AN AGREEMENT
PLACE :
DATE :
STATE BANK OF INDIA
..........................
Dear Sirs,
You have, at my/our request granted me/us a loan of Rs.......................................
(Rupees .....................................) for purchase/construction of a flat/house/ plot of land or for additions thereto, situated at ....................................................................
2. In consideration of the grant of the said advance and continuance of the said facility for such time as the Bank may deem fit, I/we .............................................................(names of borrowers) do hereby irrevocably and unconditionally agree and undertake with you, so as to bind myself/ourselves, my/our heirs, executors, administrators, estates, assigns and effects as follows, viz.
a) The disbursement of the amount of the loan shall be at your absolute discretion and shall be co-related to the actual progress in the construction of the house/flat/additions. Such disbursements shall be made by means of Bankers cheques drawn in favour of parties to whom I/we may desire and instruct you to make payment for the purpose of acquisition/construction/addition of/to house/flat/land. You may, at your discretion and at my/our request credit a part of the loan amount to my/our current/savings bank account (maintained in single or joint names) to enable me/us to make payments to suppliers of goods and services. I/We shall submit to the Bank, within a reasonable time, satisfactory proof of the proper utilisation of the amount of the loan, such as Architect’s certificate, certifying the value of the work carried out, Contractor’s bills, stamped receipts, sale agreement for house/flat. If considered necessary by the Bank, I/we shall produce , at my/our cost, photographs showing the progress of construction work carried out by me/us , which photographs besides showing portion of the neighbouring properties, shall be certified by persons whose certificates are acceptable to the Bank.
b) I/We shall repay the amount of loan as per arrangement/sanction letter which forms part of this Agreement in equated monthly instalments of Rs....... each till the entire loan with interest is fully repaid. This equated monthly instalment also includes interest component.
.........2/-
- 2 -
|To be deleted where |Interest on the amount of the loan will be applied at the rate of ......... per cent per annum |
|Floating Rate of Interest is |with quarterly rests, calculated on the highest monthly balance. |
|applicable | |
|To be deleted where Fixed Rate of |Interest on the amount of the loan will be applied at the rate of .......per cent above State |
|interest is applicable. |Bank Medium Term Lending Rate hereinafter referred to as SBMTLR, rising and falling therewith, at|
| |quarterly rests calculated on the daily balance of the loan amount. Provided that the Bank shall|
| |at any time and from time to time be entitled to change the rate of interest depending on changes|
| |in SBMTLR, and such revised rate of interest shall always be construed as agreed to be paid by |
| |the borrower(s) and hereby secured. Borrowers shall be deemed to have notice of change in the |
| |rate of interest whenever the changes in SBMTLR are displayed/notified at/by the branch/published|
| |in newspaper/made through entry of interest charged in the passbook/statement of accounts sent to|
| |the borrower(s). |
Without prejudice to the Bank’s other rights and remedies, the Bank shall be entitled to charge at its own discretion enhanced rates of interest on the outstanding in the loan account (s) or a portion thereof or for any default or irregularity on my/our part which in the opinion of the Bank warrants charging of such enhanced rates of interest for such period as the Bank may deem fit. The Equated Monthly Instalments will have to be paid till the entire loan and the interest is fully repaid. Further, the amount of Equated Monthly Instalment may change/increase as may be decided by the Bank.
Such interest will start accruing from the date of disbursement of the loan or the date of disbursement of the first instalment of the loan where such loan is paid in instalments.
c) If the loan amount has been utilised by me/us for purchase of ready built house/flat, I/we shall pay the first such monthly instalment following the month in which the loan amount is disbursed to me/us. The subsequent monthly instalments shall be paid before the last day of each subsequent month. If the loan amount has been utilised for construction of / additions to house/flat, I/we may be permitted to pay the first such monthly instalment till 2 months after the month in which the house/flat has been completed or on the expiry of 18 months from the date of disbursement of the first instalment, whichever may be earlier. The subsequent monthly instalments will be paid before the expiry of each subsequent month.
d) I/We declare and confirm that the amount of the loan or the balance then outstanding shall become payable at once in case of my death or death of anyone of us. In case of death, the Bank may, at its discretion, continue the loan provided sufficient collateral security is furnished by my legal heirs/surviving borrower(s) or some satisfactory arrangement for repayment acceptable to the Bank has been made by my legal heirs/surviving borrower(s).
.....3/-
- 3 -
e) I/We shall arrange for the payment of the equated monthly instalment from my/our monthly salary or in whatever manner deemed fit * or by debit on the due dates from the Current /Savings Bank account with Branch/or any other Branch where I/we may hold the account singly or jointly and to appropriate the same in repayment of the said loan and interest.
I/We shall execute in favour of the Bank a letter of authority, addressed to my/our employers to recover and pay to the Bank the equated monthly instalment from my/our salary every month*.
* Delete if not appropriate.
f) On demand the Borrower agrees to deliver to the Bank post-dated cheques for the monthly instalments and the Borrower warrants that the cheques will be honoured on first presentation. Any non-presentation of a cheque due to any reason will not affect the liability of the Borrower to pay the monthly instalments or any other sum. The borrower agrees to forthwith replace the cheques/issue fresh cheques, if required by the Bank. The borrower shall not be entitled to call upon the Bank to refrain from presenting any cheque for payment and if the borrower does so, the Bank shall nevertheless be entitled to present the cheque for payment and in the event of dishonour the provisions under Chapter XVII of the Negotiable Instruments Act, 1881, shall apply.
g) I/We declare and confirm that on my/our retirement, the outstanding amount of the loan sanctioned to me will become repayable at once. The Bank may, at its discretion, continue the loan provided satisfactory arrangement for repayment, acceptable to the Bank has been made by me/us.
h) In the event of cessation of my/our business/service with my/our employers by way of resignation or otherwise (except as a result of death or retirement), I/we undertake to repay to the Bank forthwith on demand the balance principal amount of the loan, or the balances then outstanding whichever is higher.
i) In the event of my/our ceasing to be in business/service of my/our employer whether by retirement, resignation, death or by operation of law or for any other reason or cause whatsoever and howsoever you shall be entitled at your discretion, to write to my/our employers to appropriate and set off (i) any amount which may then be payable by my/our employers to me/us whether by way of salary, allowances, bonus, other remuneration or any payment (whether ex-gratia or otherwise) whatsoever and (ii) any amount that may be standing to the credit of any account which I/we may have with my/our employers or with you, either singly or jointly towards repayment of the balance that may be then remaining due and payable by me/us in my/our said loan account together with interest thereon at the applicable rates upto the date of such repayment. Any such appropriation made by you or my/our employers shall be conclusive and binding on me/us and my/our estate both in and out of court. In any event my/our liability to make repayment of the entire dues immediately shall remain valid till the entire amount with applicable interest as up to the date of payment has been realised by you whether by way of recovery from my/our employer or otherwise.
.....4/-
- 4 -
j) I/We will not sell assign, mortgage, charge or in any way encumber or alienate the said flat/house/land or any part thereof so long as I/we am/are indebted to the Bank in the said loan account without prior permission of the Bank in writing. I/We undertake to give prior intimation to you before letting out / giving on leave and licence the said flat/house.
k) I/We shall create an equitable mortgage of land/ house/flat purchased by me/us out of the amount of the said loan in favour of the Bank and shall execute/cause to be executed such documents as may be required by the Bank. Where creation of equitable mortgage is not possible, I/we shall create a legal mortgage by execution and registration of proper Deed of Mortgage, of all my rights, title and interest in the flat/house/land purchased by me/us in such form as may be approved by the Bank. I/We shall, if required by the Bank, give such further security as acceptable to the Bank forthwith on demand by the Bank. In case it is not possible to create security by way of mortgage as aforesaid I/we shall forthwith on demand arrange for other collateral securities by way of pledge such as insurance policies, promissory notes issued by any Govt., shares or debentures of the companies, sufficient quantity of gold or gold ornaments or other articles or things acceptable to the Bank as security for the loan.
l) I/We shall obtain at my/our cost and produce for the satisfaction of the Bank a certificate from the Advocate/Solicitors approved by the Bank certifying that I/we will have clear and marketable title to the land/house/flat proposed to be purchased by me/us and agree that the Bank shall be entitled not to disburse any amount of the loan until such certificate has been produced by me/us.
m) I/We shall maintain the flat/house in good tenantable repair and condition at my /our cost at all times so long as I/we am/are indebted to the Bank and that I/we shall ensure that the Bank’s security is not in any way jeopardised. I/we shall duly and punctually pay the charges, if any, payable to the Co-operative Society and also all the municipal taxes, charges, rates, cesses etc. from time to time payable by me/us in respect of the flat/house/land. The Bank shall be at liberty to inspect the flat/house/land at any reasonable hours of the day and I/we shall furnish all such information/particulars whatsoever as and when called upon to do so by the Bank.
.n) I/We shall at my/our cost insure and keep insured in the joint names of myself/ourselves and the Bank my/our house/flat at all times against fire, flood, cyclone, typhoon, lightning, explosion, riot, strike, earthquake risks and other acts of God for such other risks for its full market value as desired by the Bank from time to time and shall endeavour to get the building in which my/our flat is situated insured against fire, flood, cyclone, typhoon, lightning, explosion, riot, strike, earthquake, risks and other acts of God at all times by the Co-operative housing society/apartment owner/association or any other body under whose control the building is vested. I/we shall deliver copies of the insurance policies, cover notes, premium receipts, etc., to the Bank . If I/we fail to effect such insurance the Bank will be at liberty but not obliged to insure the said house/flat against fire, flood, cyclone, typhoon, lightning, explosion, riot, strike, earthquake risks and other acts of God and debit the premium and other charges to any of my/our accounts with the Bank. I/we expressly agree and
.....5/-
- 5 -
declare that the Bank shall be entitled to adjust, settle, compromise or refer to arbitration any dispute between the insurance company and the insured arising from or under or in connection with any such policy or policies of insurance and such adjustment, settlement, compromise or any award made on such reference to arbitration shall be valid and binding on me/us. I/we further agree that the Bank shall have a right to receive all moneys payable under any such policy or under any claim made thereunder and to give a valid receipt therefor and that the amount so received shall be credited to my/our loan account and I/we will not be entitled to raise any question that a larger sum might or ought to have been received or to dispute my/our liability for the balance remaining due on such account after such credit.
o) I/We shall abide by the terms and conditions of the sanction of the loan to me/us as mentioned in the arrangement letter/sanction letter which forms part of this agreement and also to the rules for such loans which are now in force and also those which may be altered, revised, amended, added from time to time by the Bank/the Reserve Bank of India/Central Government/State Government.
p) The undertakings, authority and agreements herein contained shall be irrevocable so long as I/we continue to be liable to the Bank in the said loan account.
q) I/We also agree that the Bank shall also be entitled to transfer the loan account to any of the branches of the Bank after giving due notice to me/us.
r) I/We hereby further agree that as precondition of the loan advances given to me/us by the Bank, that in case of default in repayment of the loan/advances or in the repayment of the interest thereon or any of the agreed installment of the loan on due date/s, the Bank and/or the Reserve Bank of India will have an unqualified right to disclose or publish my/our name(s) as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit.
s) I/We declare that I have understood all the terms and conditions for the sanction of this loan and agree to abide by the same and also by the rules and regulations which may be issued by the Bank in future from time to time and in the event of my/our failing to do so, the Bank will have a right to recall the advance without prejudice to the Bank’s right to take such appropriate action as the Bank may deem it fit and proper.
Yours faithfully,
Borrower(s)
WITNESS
1. SIGNATURE : SIGNATURE
NAME NAME
ADDRESS ADDRESS
2. SIGNATURE : SIGNATURE
NAME NAME
ADDRESS ADDRESS
FORM-HFN.DOC
ANNEXURE F
(To be stamped as an agreement in accordance with the Stamp Act in force in the State in which this document is executed. Not to be attested)
GUARANTEE AGREEMENT
The ......... Place :.......................
STATE BANK OF INDIA Date :
.........................
Dear Sir,
In consideration of the State Bank of India (hereinafter referred to as “the State Bank”) having agreed to grant/granted at my/our request an advance of Rs...............( Rupees
........................................................................................................................................) by way of loan to Shri/Smt./Kum.........................................................................son of wife of / daughter of Shri..................................and Shri/Smt./ Kum.......................................................son of/wife of/ daughter of Shri.............................. (hereinafter referred to as “ the Borrower”) for purchasing flat/construction of house/flat, addition thereto at ......................................... ...........................................................................
......................................................................................................................................................
(Detailed particulars of property are to be stated)
I/We Shri/Smt./Kum. .................................son of/wife of/daughter of Shri................................................................... and Shri/Smt./Kum...................................... son of /wife of/ daughter of Shri...............................................residing at.........................................................................................................................................................................................................................................hereby guarantee repayment of all moneys at any time payable by the Borrower to the Bank in respect of the said loan made to the Borrower with interest thereon and the due performance and observance by the Borrower of the terms pertaining to the loan including the Loan Agreement dated......... executed by the Borrower in favour of the State Bank and the terms and conditions contained in the arrangement letter dated ................. issued by the State Bank to the borrower (hereinafter called the said agreement) and the payment of all costs and expenses incurred by the Bank in relation thereto and I/We also agree to pay and make good to the Bank on demand all losses, costs, damages and expenses occasioned to the Bank by reason of non-payment of the said moneys, costs and expenses or any part thereof or the breach, non-performance or non-observance of any of the terms under the said agreement as aforesaid, subject to the terms and conditions hereinafter contained :
That my/our liability under this guarantee is co-extensive with that of the Borrower as if I/We were the principal debtor(s) of the Bank and the amount due under this agreement will be recoverable from me/us without any recourse to the Borrower and it shall not be obligatory on the Bank to call upon the Borrower to pay the amount first or to take any action against the borrower before enforcing the guarantee against me/us nor shall it be necessary for the Bank to join the Borrower in any suit against me/us. I/We further agree that the guarantee given thereunder is irrevocable and enforceable notwithstanding any dispute or any suit that may be pending between the Bank and the Borrower.
That the guarantee given shall be continuing one.
That on demand being made by the Bank for the payment of any amount under this guarantee the same shall be paid without demur or protest by me/us and the notice for the claim sent to me/us shall be conclusive of the amount due from me/us under the terms of the guarantee.
The Bank shall be at liberty and without the consent or knowledge of me/us at any time or from time to time to grant to the Borrower or any person liable for him any time or indulgence and to determine enlarge or vary the amount of the loans and advances to take or not to take and if taken to vary exchange or take other security or release or part with any securities held or to be held by the Bank for or on account of the loans and advances or any part thereof and to compound or make any other arrangement with the Borrower or any person so liable with or for the Borrower without releasing or discharging and/or in any manner affecting my/our liability under the guarantee.
That the guarantee hereby given is independent and distinct from any security that the Bank has taken or may take in any manner whatsoever whether it be by way of hypothecation, pledge and/or mortgage and/or any other charge over goods, book debts, movables and other asset and/or any other property movable or immovable and that I/We have not given the guarantee upon any understanding, faith or belief that the Bank has taken and/or may hereafter take any or other such security and that notwithstanding the provisions of Sections 140 and 141 of the Contract Act, 1872 or any other provision of that Act or any other law, I/We will not claim to be discharged to any extent because of the Bank’s failure to take any or other such security or in requiring or obtaining any or other such security or losing, or parting with for any reason whatsoever including reasons attributable to its default and negligence benefit of any other such security or any rights to any or other such security that have been or could have been taken and in the event of the Bank so losing or parting with security the guarantor(s) shall be deemed to have consented to acquiesce in the same.
That without prejudice to the effect in any manner whatsoever of the foregoing clause, where the loans and advances are secured or intended to be secured in any manner whatsoever by or over any property movable or immovable whatsoever by way of hypothecation, pledge and/or mortgage of and/or any charge over goods, book debts, movable and other assets by or under any agreement(s) or letter(s) or otherwise I/We will not be concerned in any manner with any or other such security that the Bank has taken or proposes to take or may take and that the Bank’s failure in requiring or obtaining any or other such security or in the observance or performance of any of the the stipulations or terms contained in any Agreement(s) if any or letter(s) and the default of the Bank in requiring or endorsing the observance or performance of any of the said stipulations or terms shall not have the effect of releasing me/us from my/our liability and or of prejudicing the Bank’s rights or remedies against me/us under the Agreement or otherwise.
That the Bank shall be at liberty to take other secuities for the loans and advances or any part thereof and to release or forbear to enforce all or any of its remedies upon or under such securities and any collateral security or securities now held by the Bank and that no such release or forbearance as aforesaid shall have the effect of releasing me/us from my/our liability or of prejudicing the Bank’s rights and remedies against me/us under the terms of the guarantee and that I/We shall have no right to the benefit of any other security that may be held by the Bank until the claim of the Bank against the Borrower in respect of the loans and advances and of all the other claims (if any) of the Bank against the Borrower on any other account whatsoever shall have been fully satisfied and then in so far only as such security shall not have been exhausted for the purpose of realising the amount of the said Bank’s claims and rateably only with other guarantors or other persons (if any) entitled to the benefit of such securities respectively.
That notwithstanding anything contained in Section 133 of the Contract Act or in any other provisions of law, I/We will not claim to be discharged to any extent because of the Bank varying any of the terms and conditions whether contained in any Agreement(s) or letter(s) and on which the loan has been made to the Borrower and for this purpose and in particular any excess drawings over and above the sanctioned limit of the loans and advances allowed by the Bank at or without the specific request of the Borrower shall not discharge me/us from my/our liability under this guarantee.
The guarantor(s) hereby agree(s) that notwithstanding any variation made in the terms of the Loan Agreement dated................ or any other Agreement or letter inter alia including variations in the rate of interest, extending the date of payment of the instalments and on which the loan has been made or any composition made between the Bank and the Borrower or any agreement on the part of the Bank to give time to or not to sue the Borrower or the Bank parting with any of the securities given by the Borrower, the Guarantor(s) shall not be released or discharged of his/their obligations under this Guarantee provided that in the event of any such variation or composition or agreement the liability of the Guarantor(s) shall notwithstanding anything herein contained be deemed to have accrued and the Guarantor(s) shall be deemed to have become liable hereunder on the date or the dates on which the borrower shall become liable to pay the amount/amounts due under the above referred to Agreements as a result of such variation or composition or agreement.
That if the Borrower shall become insolvent, bankrupt or makes any arrangement or composition with creditors the Bank (notwithstanding payment to the Bank by me/us or any other person of the whole or any part of the amount hereby secured) rank as creditor and may prove against the estate of the Borrower for the full amount of all the Bank’s claims against the Borrower or agree to and accept any composition in respect thereof and the Bank may receive and retain the whole of the dividends, compensation or other payments thereof to the exclusion of all my/our rights as guarantor(s) for the Borrower in competition with the Bank until all the Bank’s claims are fully satisfied and I/We will not be paying off the amount payable by me/us or any part thereof or otherwise prove or claim against the estate of the Borrower until the whole of the Bank’s claims against the Borrower, in respect of all the liabilities whatsoever have been satisfied and the Bank may enforce and recover payment from me/us of the full amount payable by me/us notwithstanding any such proof or composition as aforesaid.
The guarantor shall not stand discharged by transfer of the loan account of the borrower from one branch to another and such transfer of the account shall not be deemed as a variation of the terms of the contract.
That any notice by way of demand or otherwise may be given by the Bank to me/us sending the same by post and addressed to me/us and the notice shall be deemed to have been given at the time when it will be delivered in the ordinary course of post and it will be sufficient in order to prove service of any such notice and to prove that the envelope containing the same was posted and the certificate signed by any officer duly authorised by the Bank in this regard that the envelope was posted, shall constitute such proof.
That the guarantee herein contained shall not be determined or affected by the death of the guarantor(s) hereunder but shall in all respects and for all purposes be binding and operative on his/their successor(s), heir(s) and assigns until repayment of all moneys secured by and due to the Bank under the loan granted to the Borrower.
We further agree that we shall be jointly and severally liable to the bank for the entire outstanding in respect of the loan and that the Bank shall be at liberty to sue either or any of us in respect of such liability without joining the other or others of us and notwithstanding any decree in any such suit subsequently to sue the other or others of us and to proceed to judgement and execution at the option of the Bank until its claim is fully satisfied.
Signed and delivered by the said
Shri ....................................................................(Guarantor).....................................
Shri ....................................................................(Guarantor).....................................
Shri ....................................................................(Guarantor).....................................
Shri ....................................................................(Guarantor).....................................and
Shri ....................................................................(Guarantor).....................................
Place :................................
Date : ...............................
scheme/form-hf
ANNEXURE H
(Undertaking from applicant where a housing loan is granted for purchase of plot of land :
RBI letter No.IECD.No.27/03.27.25/97-98 dated 22nd December, 1997)
The Branch Manager
State Bank of India
...........................Branch.
Dear Sir,
HOUSING FINANCE
APPLICATION FOR A LOAN FOR PURCHASE OF PLOT OF LAND
This has reference to my/our application dated..............................for a loan of Rs.......................... for purchase of a plot of land for construction of a dwelling unit thereon. I hereby give an undertaking that I will be constructing a house on the said plot of land within a period of two years. In the event of my failing to construct a house within two years, the Bank will be free to charge a higher rate of interest as deemed fit by the Bank or even to recall the loan.
Yours faithfully,
(.....................................)
Name(s) and Address)
form-hou
ANNEXURE K
STATE BANK OF INDIA
BRANCH :
DATE :
To,
.....................................
..............................
...........................
Dear Si/Madame,
With reference to your application for financial assistance, we are, in principle, agreeable to grant a loan to you, on the broad terms, special conditions (if any), as under and the conditions attached. The loan is subject to Legal and Technical clearances and the rules of SBI in that behalf (as may be applicable from time to time). Formal sanction letter stating terms and conditions will be issued on receipt of your confirmation as regards identification of the property and your requirements subject to acceptance of the Bank.
|Loan Amount (Rs.) |Term |Processing Fees payable (Rs.) |
| | | |
Additional/Collateral Securities.
Special conditions :
(a) Additional/Collateral Security(ies) will not be released during the currency of the loan.
(b) Disbursement will be subject to receipt of satisfactory Verification of Employment/Banker’s Opinion Report (as may be applicable).
(c) Creation of a valid equitable mortgage over the flat/property of adequate value being financed.
Remarks :
The in-principle approval is valid for 3 months from the date of this letter. If this offer is acceptable to you, kindly sign the duplicate copy marked “ Acceptance Copy” in token of your acceptance and return it to us together with Cash or a crossed cheque/draft marked “Account Payee” in favour of “SBI” being the processing fees (as mentioned above), drawn on or payable at any bank at the place where the application has been deposited.
As the offer is subject to legal and technical clearances, you are requested to contact us, after accepting this offer, in order to complete requisite pre-disbursement formalities and expedite disbursement of the loan.
Yours faithfully, ACCEPTED
BRANCH MANAGER ........................
Signatures of the Borrower(s)
form-hfn
ANNEXURE J
STATE BANK OF INDIA
..............................BRANCH
FORMAT FOR REPORTING FIXED RATE HOUSING LOANS
EXCEEDING RS.10 LACS TO INDIVIDUALS
FINANCIAL YEAR ..............................
(FOR THE MONTH OF ..............................................)
TO REACH THE CONTROLLER LATEST BY THE 5TH OF THE
FOLLOWING MONTH, POSITIVELY.
No.of Accounts of Housing Loans Aggregate limit of
exceeding Rs.10 lacs each, sanctioned accounts mentioned
during the month of .................... in column (1)
at fixed rates of interest.
(1) (2)
--------------------------------------------- --------------------------
No.of Accounts of Housing Loans Aggregate limit of
exceeding Rs.10 lacs each, sanctioned accounts mentioned
during the financial year upto the in column (3)
month.
(3) (4)
------------------------------------------------ --------------------------
form-hfn
GOVERNMENT OF INDIA
MINISTRY OF TEXTILES
OFFICE OF THE TEXTILE COMMISSIONER
POST BAG NO. 11500, MUMBAI
-----------------------------------------------------------------
No. 3/21/2002/EP.I/ Dated:04/06/2002.
MEMORANDUM
Subject: Allotment of the textiles (excluding garments and knitwears) export quota for the
year 2003 under the Manufacturer-Exporters’ Entitlement (MEE) system.
In terms of sub- para (v) of para 6 of the yarn, fabrics and made-ups export entitlement (quota) policy for the period 2000-2004, as notified by the Ministry of Textiles, Government of India, vide Notification no. 1/129/99-Exports-I, dated the 12th of November, 1999, as amended, the following terms and conditions are prescribed, with the prior approval of the Ministry of Textiles, Govt. of India, for allocation of quotas under the Manufacturer-Exporters’ Entitlement (MEE) system for the year 2003.
2. Applications for the quota year 2003 are invited from manufacturer-exporters for consideration for the allotment of quotas under the (MEE) system. Such applications in the prescribed format (annexure-I), in duplicate alongwith the requisite enclosures and complete in all respects, including supporting stipulated documents and affidavit, accompanied by a demand draft for Rs. 500/-( Rs. Five Hundred only), drawn in favour of The Cotton Textiles Export Promotion Council, payable at Mumbai, duly tucked into a file cover, should reach the head office of the Cotton Textiles Export Promotion Council (TEXPROCIL), Engineering Centre, 9, Mathew Road, Mumbai –400 004, by 5.00 p.m. on or before 01-10-2002. Applications received in any office other than the above-referred head office of the TEXPROCIL, Mumbai, will not be considered. Such applications received after the above- indicated due date and time and those that are deficient in any respect, or are sent to any other office of the TEXPROCIL or to that of the other Export Promotion councils or to this office, shall also not be considered. Under no circumstances would the applications received either in the other office(s) or late due to postal/courier service delay or any other reason(s) be considered at all, and all such applications will automatically stand rejected. Applicants should send one application for yarn, fabrics and made-ups of cotton, synthetics and wool and in one file cover only. Individual applications for different categories will be considered as multiple applications and only one application out of all such applications will be considered.
3. For the manufacturer-exporters to be eligible for the allotment of quota under the MEE system , the following conditions/requirements are stipulated:-
i. The allotments thereunder shall be made to the manufacturer-exporters in the above-mentioned segments who have made investment in plant and machinery as detailed in the enclosed annexure-II of this Memorandum and conforming to the technology norms of the Technology Upgradation Fund (TUF) Scheme as outlined in the Ministry of Textiles, Govt. of India Resolution No. 28/1/99-CTI dated 31.3.’99 (as amended from time to time), towards substantial modernisation and upgradation of technology in their existing unit or in a new unit and have commenced production during the base period.
ii. The Executive Director, TEXPROCIL, Mumbai shall be the authority to decide the eligibility and entitlement of these applicants, within the meaning of this system and the terms and conditions stipulated in this Memorandum, and his decision will be final and binding.
iii. Allotment of the available quantities under this system shall be only in respect of the goods manufactured in the production unit(s) so modernised and upgraded, as determined by the Executive Director, TEXPROCIL, Mumbai.
iv. Such quota shall be allotted on the basis of the ‘value’ of the machines listed in the said annexure-II. ‘Value’ for this purpose shall mean the invoice value only, in the case of new machinery of Indian origin. In regard to imported machinery (both new & second hand), ‘value’ shall mean the C.I.F. value in rupee terms plus the customs duty paid as per the Bill of Entry concerned, assessed by the customs authorities. In no case shall its value include erection charges, local freight charges or any other charges. Renovation of old machines and replacement of spare parts will not be considered. Only the imported second-hand machinery items restricted to the items enlisted in and conforming to the restrictions outlined in para 3.2(2) of the Government resolution on TUFS dated 31.3.99 referred to in sub para 3(i) supra, as amended, will be considered. Air-conditioning plant and other equipments will not be considered.
v) Machines on lease / hire purchase, installed during the base period, will be considered subject to the following conditions: -
a. Machines on hire purchase or lease should be procured through authorized leasing companies or financial institution authorized to grant lease finance. In case of hire purchase, machines should be purchased through authorized financial institutions, or original manufacturer or his authorized agent,
b. Hire purchase / Lease agreement should be notarized and registered,
c. The hire purchase / lease agreement should specify detailed description, quantity, status (new indigenous or new / second hand imported as per TUFs’ eligibility) and value of each type of machine taken on lease / hire purchase.
In the event of the above referred to conditions in respect of leased / hire purchased machines not being fulfilled, the investment in such leased / hire purchased machines will not be considered.
vi) Details of the machinery (inter-alia, with complete specifications of speed) installed during the base period for MEE 2003, i.e., from 1-7-1999 to 30-06-2002 as per the list in annexure-II, duly certified by a Chartered Accountant or a Chartered Engineer or a Cost and Works Accountant, segment- wise for yarn, fabrics and made-ups, are required to be submitted in this regard, in the prescribed proforma as at the enclosed annexure-IV of this memorandum. If a mill has more than one unit, it should make one composite application, but the lists of the eligible machines should be given unit-wise, alongwith one combined statement of the machines installed, together with their values. The Chartered Accountant (C.A.)/ Chartered Engineer (C.E.)/Cost & Works Accountant (C&WA) should give a clear and correct certificate to the effect that the number of machines installed during the base period, with their value, at the time of their purchases, have been verified and have been found to be correct. The list of such machines should also be certified by the same Chartered Accountant/ Chartered Engineer/Cost & Works Accountant, indicating that the machines are installed at the location(s) mentioned in the said list and that the applicant unit is under commercial production.
vii. The apportionment of quota of yarn, fabrics and made-ups, of individual units, shall be based on the investments under the respective segments, as per the certificate given by the Chartered Accountant/Chartered Engineer/Cost & Works Accountant of the applicant unit.
viii. The investments made in the spinning, weaving, processing and state-of-the-art processing machinery for the purpose of the allotment of M.E.E. quota would be given weightage as follows;
|Sr. No |Section |Weightage |
| | | |
|(1) |(2) |(3) |
|a) |Spinning/Stitching/other machines |1 |
|b) |Weaving machines | |
| |Machines other than shuttleless looms |2 |
| |Shuttleless looms |3 |
|c) |Knitting machines |2 |
|d) |Processing machines, effluent treatment |3 |
| |plant and air-pollution control equipment. | |
|e) |State-of-the art processing machines and |4 |
| |state-of-the art effluent treatment plant. | |
Processing machinery used for fibre/yarn dyeing/processing will be given weightage of its value coupled with the spinning section machinery(annexure-II) weightage for the allotment of yarn quota.
ix) Allotments for a given country-category shall be made pro-rata on the basis of the investments (weighted) made in the specified machinery during the base period by the individual units, vis-à-vis the total investments (weighted) made in such machinery during the base period by all the units applying for quotas under the MEE system. Allotment of the quotas will be made on the following basis :
a. for yarn, on the basis of the investments made on the spinning section machines;
b. for greycloth, on the basis of the investments made on the spinning section machines restricted to the level of investments made in the weaving section machines, plus the investments made in the weaving section machines;
c. for processed fabrics, on the basis of the investments made on the spinning section machines restricted to the level of investments made in the weaving section machines, plus the investments made in the weaving section machines and the investments made on the processing section machines; and
d. for made-ups, on the basis of the investments made on the spinning section machines restricted to the level of the investments made on the weaving section machines, plus the investments made in the weaving, processing and stitching sections machines.
e. Applicants who submit their application for country-categories 9 (EU) and 363 (USA)-terry-towels, will be given quota on the basis of their investments on the spinning section machines restricted to the level of investments made on matching capacity of terry-towel automatic shuttle or shuttleless looms with proportionate investment on the preparatory machines of the full weaving section, plus the investments made on terry towel automatic shuttle or shuttleless looms, proportionate investment on preparatory machinery of weaving section and the investments made on the processing section machines and stitching machines. Terry-towels looms should be clearly specified, mentioning (that these are terry-towel looms). Units which have not installed terry-towel looms under the modernisation programme within the base period will not be considered eligible for quotas for country-categories 9 (EU) and 363 (USA).
x) All such units registered as manufacturer-exporters with the competent registering authorities shall be eligible to participate under this scheme. If no registration or licensing is required, an acknowledgement for the receipt of the Information Memorandum (I.M.), issued by the competent authority, for commercial production, should have been obtained. For a Domestic Tariff Area (DTA) unit, where Industrial Licence (IL) is prescribed, a Letter of Intent (LI) will not be considered. To be eligible in such cases, the LI should have been converted to an Industrial Licence (IL).
xi) The Executive Director, TEXPROCIL shall intimate to the Quota Administrating Authority concerned ,the details of entitlement of the eligible applicants for the allocation of quota and the administration thereof.
xii) Allotments under this system are not transferable. The allottees shall, at the time of the certification of their shipment, submit proof thereof, viz. AR 4 form, etc., to the satisfaction of the Quota Administering Authority concerned, to the effect that the goods being exported have been manufactured in their production unit concerned and on the specified machines only.
xiii) If the quantity allotted to any applicant in any one country-category is too small, the Executive Director, TEXPROCIL may reallocate such quantity in such a manner that the quantity allotted to each of the applicants is reasonable enough.
xiv) The base period quota shall be from the 1st of July 1999 to the 30th of June 2002 for the purpose of MEE quotas to be considered for allotment in the year 2003.
xv) (a) Category 369 is excluded from this scheme.
a. Choice regarding countries/categories:-
Manufacturer-Exporters will be permitted a choice of upto a maximum of five country-categories (being produced in the unit concerned) of yarn, fabrics, processed fabrics and made-ups, of cotton, synthetic and wool, in combination, in the order of priority given by the applicant units in their applications for the allotment of quotas under this system. A list of the country-categories from out of which the said choice of 5 categories can be made is enclosed as Annexure-III. They should submit in separate sheets, in quadruplicate, with their applications the details of their requirements, indicating the country-categories of the quota’s which they want the quotas. It may be noted that without an exercise of the country-category option in the application, it will not be possible to allot quotas. Therefore, the applications not accompanied by country-category options will be rejected.
4. The provisions in respect of the validity and extension of the validity of quotas shall be the same for the MEE system as are applicable for the Past Performance Entitlement (PPE) System, mutatis -mutandis.
5. Two sets of application (in two separate file covers) with the superscription, "Application for MEE allotment for the year 2003" alongwith a choice of country- categories in quadruplicate, should be sent in the prescribed proforma ( enclosed as annexure-I). The following documents, duly attested by the Chief Executive of the applicant unit, should be furnished alongwith each copy of the application: (In case of SSI units, the photocopies of such documents must additionally be certified/attested as true copies of the original thereof by a gazetted officer (class I/II, i.e. group ‘A’/’B’) of the state/central government;
(i) A photocopy of a valid factory licence for all the units, issued under the Factories Act, 1948, as amended, and duly renewed upto 31.12.2002. In case the factory licence concerned has not been received back after the renewal thereof from the authorities concerned, satisfactory documentary proof of the steps taken for the renewal thereof, should be furnished, alongwith a photocopy of the factory licence renewed upto 31.12.2001. It may be noted that a grace period of only one year is allowed for the renewal of the factory licence and hence, only the factory licence valid upto 31.12.2001 coupled with the said proof of application, etc., for the renewal thereof for the year 2002 will be considered, and in no case a factory licence not valid atleast upto 31.12.2001 (even if there is a proof of application, etc., for the renewal thereof for the calendar year 2001 and/or prior to that) will be accepted.
(ii) (a) A Photocopy of the small- scale industries (SSI) registration in the case of SSI units.
(b) In the case of non-SSI Domestic Tariff Area (DTA) units, medium scale (MS) & exempt industries (EI), photocopies of the registration issued by the Textile Commissioner, Ministry of Textiles, Government of India or an Industrial Licence, wherever prescribed (Please note that it should be an Industrial Licence and not Letter of Intent) or Carry-on-Business (COB) licence issued by the Ministry of Industry, Government of India.
(c) For the non-SSI units, exempt from licensing provisions, a photocopy of the acknowledgement for commercial production issued by the Secretariat for Industrial Approval (SIA), Ministry of Industry, Govt. of India. (The DTA units which are exempt from the licensing provisions have to file an Entrepreneur Information Memorandum (EIM) to the SIA which then issues an acknowledgement for the filing of such an EIM. On the commencement of commercial production, part ‘B’ of the above- mentioned EIM is to be filed and the SIA again issues another acknowledgement for the filing of such an information memorandum for commercial production).
(d) Units which are in existence since prior to 25.07.’91 (the date of the announcement of the new industrial policy) and are exempt from the licensing provisions after the announcement of that new industrial policy, should submit a photocopy of the SSI/IL/COB/MS registration/EIM for their industrial activity prior to 25.7.91 and of the SIA acknowledgement for commercial production/acknowledgement in form-II issued by the Textile Commissioner, Ministry of Textiles, Government of India there-after and till date (if applicable).
(e) For the Export-Oriented Units and units in the Export Processing Zones or Free Trade Zones, a photocopy of the Letter of Permission (LOP) issued by the Ministry of Industry/ Development Commissioner of the Export Processing Zone/Free Trade Zone concerned of the Government of India.
Note: Particulars such as the name of the unit, address, etc, should be the same in all the documents referred to at para 5(i) and (ii) (a to e) above, in respect of the same applicant.
iii. Notarised affidavit on stamp paper of Rs.10/- attested by the competent authority to be
submitted by the Chief Executive of the applicant unit to the office to the effect that this unit shall manufacture the goods (towards the quota allotted to it) wholly in the subject unit owned by the applicant on the machines at Sr. No. 6 as per the format at annexure-IV.
(iv) Certificates in the formats furnished in the enclosed annexures V & VI from the Chartered Accountant / Cost and Works Accountant / Chartered Engineer about the number and the types of machines (as given in annexure-II) installed in the base period in the units concerned, with their values (as defined in paragraph 3 (iv) of this Memorandum), at the time of their purchase.
(v) If the documents mentioned at para 5 (i) and (ii) above are in a language other than English or Hindi, the authenticated English version of the same should be enclosed.
(vi) If the units of an applicant are situated at different locations and in the certificates at para 5 (i) and (ii) above different addresses are not clearly specified, it may be superscribed on the copy of each certificate that it pertains to unit no. I, II, III ,____ , _____, etc., as the case may be. Please note this very carefully to avoid the rejection of an application.
6. If as a result of an inspection carried out at any time or otherwise, any discrepancy is noticed in respect of any particulars vis-à-vis those contained in the affidavit and declarations submitted by any MEE quota applicant/holder, the application of such a unit shall be held in-eligible for such quota, and allocation made, if any, will have to be surrendered, without prejudice to any other action that may be taken against such a unit, under the provisions of the relevant laws in force.
7. Applications which are received by the TEXPROCIL late or on scrutiny, are found to be deficient or incomplete in respect of any of the aforesaid requirements, are liable to be rejected, without calling for further clarifications or documents from the concerned applicant exporters. The quota allotted to a unit will be subject to the condition that the export against this quota will be of the yarn, fabrics and made-ups manufactured by that unit. It may also be noted that the quota that may be allotted would be on the presumption that the affirmations contained in the accompanying affidavits are true and accurate. However, if any portion of the affirmation is found to be false or if the exports have not been made from the applicant unit’s own manufactures, the eligibility adjudged for such quota and the quota so allotted will stand withdrawn forthwith, without prejudice to any other action that may be taken in such cases under the laws in force. The exporters should therefore, pay personal and special attention in their own interest, to ensure that their applications are complete and correct in all respects and are free from any deficiency.
8. The Executive Director, TEXPROCIL, shall furnish to the Textile Commissioner, Ministry of Textiles, Government of India, Mumbai, the list of MEE quota applications received by him alongwith the second copy of such applications (alongwith the enclosures and one copy of the country-category options thereof) received by him within 7 (seven) days from the last date for the receipt of applications and thereafter, the details of eligible allottees, alongwith the allocations of quota made, within a period of 10 (ten) days from the date of such allocation.
9. In case of any doubt, in regard to any of the above provisions, the Quota Administering Authority shall seek through the Textile Commissioner, the advice of the Ministry of Textiles, Govt. of India, whose decision shall be final and binding.
Encl. :- As above.
(Subodh Kumar)
Textile Commissioner
Annexure-I
PROFORMA OF AN APPLICATION FOR THE ALLOTMENT OF MANUFACTURER -EXPORTERS’ ENTITLEMENT (MEE) QUOTA
______________________________________________________________________________
(With reference to the Memorandum No.3/21/2002/EP.I dated 04/06/2002
of the Textile Commissioner, Ministry of Textiles,( Government of India.)
(To be prepared in type-prints, without any correction by hand)
1. Name and address of the applicant unit, with :
telephone/fax numbers and e-mail
address.
2. Whether applying for quota for yarn/ :
fabrics/made-ups of cotton/synthetics/
wool (one application for all).
3. No. and date of the valid Registration- :
cum-Membership Certificate issued
by the TEXPROCIL/SRTEPC/W&WEPC/
PDEXCIL/DC(EPZ) concerned,
as manufacturer- exporter.(covering all units)
4. (a) Capacity permitted vide Licence/ :
Permit/Regn. EIM Certificate/COB/
LOP/IL No. (copy to be enclosed),
(b) Capacity installed against (a) above. :
b. (i) Details of the acknowledgement
issued under the T(D&R) Order, 1993,
by the O/o the Textile Commissioner,
Ministry of Textiles, Government of India,
IL/COB/MS Registration/LOP
(copy enclosed), :
OR
( ii ) Details of the acknowledgement for the
commencement of commercial production
issued by Ministry of Industry/Textile
Commissioner, Ministry of Textiles,
Government of India.
(copy enclosed) :
5. No. and date of the valid factory licence issued
under the Factories Act, 1948, duly renewed
upto 31/12/2002 (if the concerned factory
licence has been given for renewal, then submit
a photocopy of the factory licence valid upto
31.12.2001, alongwith a copy of the challan or
letter from the Jurisdictional Inspector of Factories
towards a licence valid upto 31.12.2000, even
with the proof of application for the subsequent
years will not be considered). :
6. List of the eligible machines as in annexure-II (hereto) with
a proper and complete description and specifications of each
such machine actually installed in the applicant’s factory and
their value in the base year. This is to be given in the proforma at
annexure IV and certified by the CA/CE/C&WA as per the
format at annexure V (For leased machines, please enclose
a copy of the lease agreement specifying the details of the
machines taken on lease and the ownership clause). :
(Please refer to para 3(iv) of this memorandum)
7. Details of the actual production (on the machines
referred to at sr. no.6) achieved for which this
application is made) during the period
2000,2001,2002 (Ist half) as certified by the
CA/CE/C&CA (statement to be enclosed) :
8. Notarised affidavit on stamp paper of Rs.10/-
attested by the competent authority to be
submitted by the Chief Executive of the
applicant unit to the office to the effect that this unit
shall manufacture the goods (towards the
quota allotted to it) wholly in the subject
unit owned by the applicant on the machines
at Sr. No. 6 as per the format at annexure-IV. :
9. Choice of 5 (five) country- categories
combination (list to be submitted in triplicate
on separate sheets) in order of preference.
State clearly whether these are for synthetic/cotton/
woollen and give specific reference to the country- category
(one common list to be given for yarn, fabrics
and made-ups). :
10. Computer code no. of the TEXPROCIL :
11 I.E. code no. :
Place: Signature, name & designation of the
Managing Director/Director/
Authorised Signatory of the applicant unit
Date:
Seal of the company / firm.
ANNEXURE-II
[ LIST OF MACHINERY FOR THE MEE 2003 QUOTA(YARN, FABRICS & MADE-UPS ]
( I ) SPINNING MACHINERY( Weightage – 1) :
1. Fully automatic bale handling, plucking, peeling and blending & grab machine with micro-processors.
2. Sophisticated blow room machinery for cotton fibre and its blends consisting of pre-cleaners, opening and clearing machines with chute feeding system, metal detector micro dust remover and dedusting condensers (for open end rotor spinning) with or without foreign fibre detectors / remover.
3. Automatic waste extraction and packing system for blow room, cards, combers and ringframes.
4. High production cards capable of producing sliver above 50 kgs./hour, with autoleveller.
5. High production cards for lap feed system capable for producing sliver above 50 kg or hrs with / without auto leveller.
6. High production draw-frame with delivery speed of 500
mtrs./min., with autoleveller.
7. Sliver lap/ribbon lap/lap-former.
8. High speed combers of 240 nips/minute and above.
9. Speed-frame with spindle speed 1200 r.p.m. and above.
10. High speed ring frames having spindle speed of 16,000 r.p.m.
and above.
11. Open end rotor of 75,000 r.p.m. & above and other modern spining systems such as DREF, PARAFIL, SELFIL and AIR JET.
12. Automatic cone winding machines (autoconer) operating at the speed of 1500 meters/minute and above and/or cheese winding m/c with sirocleaner.
13. Two-for-one / three-for-one twisters operating at the speed of minimum 8000 rpm and 5000 rpm respectively, fancy yarn twisters, elasto-twister and doublers with micro processes.
14. Yarn conditioning plant.
15. Industrial humidification system with air washer plant and air filters to maintain required R.H. and temperature with de-humidifires (chillers).
16. Dust/particulate material seperators/collector (air- pollution control).
17. Modern fibre testing instrument viz high / medium / low volume instrument for checking length, strength, micronnaire, maturity, trash, colour, etc.
18. Evenness tester.
19. Yarn fault classification equipment, viz., classimat, classidata, etc.
20. Equipments for testing Neps, length, diameter, maturity, trash, testing equipments, viz AFIS/FILE, advance fibre information system, rapid tester, etc.
21. Single yarn tenacity tester, viz., tensorapid, statimat, tensomax, etc.
22. Tenacity/ fibrecrimp measurement, viz., fevimat, etc.
23. Modern yarn testing equipment, viz., twist tester, hairiness tester, tension tester, co- efficient of friction tester, etc.
24. Moisture tester.
25. Packing density tester.
26. High precision weighing balance.
27. Modern material handling equipments, viz., fork lifter, bale stackers, etc.
( II ) SPINNING MACHINERY USED FOR WORSTED SYSTEM (Weightage 1)
28. Sophisticated wool scouring machine.
29. Fibre opening/blending/cleaning/dusting m/c.
30. High production worsted cards capable of producing above 50 kgs. per hour.
31. High speed intersecting gill box/chain gill/rotary gill/vertical gill box of delivery speed 400 mtrs. per minute and above.
32. Drawing set / Roving frame / Rubbing frame of delivery speed of 200 mtrs. per minutes & above.
33. High- speed worsted ring frames of spindle speed of 12,000 r.p.m. & above, with or without siro spinning attachment/or autodoffter.
34. High speed rectilinear combers of 210 nips per minute & above.
35. Two –for- one / Three – for – one twister operating at a speed of minimum 8000 rpm and 5000 rpm respectively.
36. Yarn conditioning machine.
37. Assembling winding machine with microprocessor control.
38. Precision cone winding machine.
39. Automatic waste extraction system for card, gill box, comber and ring frame with or without waste recovery / recycling machinery.
( III ) SPINNING MACHINERY USED FOR FILAMENT YARN (Weightage –1) :
40. Crimping machine/texturizing machine/false twist-texturizing machine having speed of 800 mtrs. per minute.
41. Twising machine.
42. Jumbo Hank winding machine.
43. Rewinding / Precision Cone Winding Machine.
IV. SPINNING MACHINERY USED FOR SEWING TRHEAD MANUFACTURE
(Weightage-1)
44. Assembly winding / Cheese winding machine with individual control arrangement &
length measuring device.
45. Heavy ring doubler with or without wet arrangement.
46. Polishing cum lubrication machine.
47. Heat setting & stabilizing machine.
48. Pre-application winder/composite lubrication wider/cne winder.
49. Precision winder & finishing machine / Twin cone winding and cop banding machine.
50. Tube winding machine.
51. Auto labeling and packing machine.
52. Box stitching / Carton strapping machine.
53. Bonding machine.
54. Spool winder.
55. Braiding machine.
56. Braid dye package winder.
57. Braid waxing machine.
58. Braid cop winder.
59. Pre-twister / Assembly winding machine.
60. Uptwister.
61. Dye packing winder.
( V-A ) WEAVING PREPARATORY MACHINERY (Weightage-2) :
62. Single yarn sizing machine.
63. High speed multi- cylinder sizing machine/zero- twist sizing machine.
64. Super high speed direct beam warper with creel (for shuttleless looms).
65. High- speed direct beam warper with creel( for shuttleless looms in the case of woollen units).
66. High speed direct beam warper with creel (for automatic looms)
67. Warp tyeing machine.
68. Automatic drawing-in-machine/reaching-in-machine.
69. Fully automatic pirn winding machine. ( for automatic looms )
70. Hydraulic beam lifting trolley (for shuttleless looms).
71. Computer aided design system for weaving (CAD optional).
72. Two-for-one twister / Three-for-one twister operating at the speed of minimum 8000 rpm & 5000 rpm, respectively.
73. Draw warping and sizing machine.
74. False twist – texturising machine having 800 meters / min speed.
75. Fancy yarn twisters and doublers with micro processors.
76. Yarn singeing machine.
77. Sectional warping machine with autostop & tension control.
78. Cone dyeing machine.
79. Pirn winding machine.
80. High speed multi – cylinder vertical exit warping machine.
81. Automatic shuttle loom. (Minimum 160 cms. and 165 cms. width for
woollen and non-woollen weaving units respectively).
82. Terry-towel loom ( automatic or shuttleless ).
83. Corduroy and/or velvet loom and/or automatic loom for cut pile fabrics.
84. Canvass looms.
85. Power driven chenille loom.
86. High- speed needle looms for tape/label/belt weaving.
87. Auto control type of humidification plant (for shuttleless looms shed)
88. Modern industrial humidification system for controlling relative humidity & temperature (for automatic loom shed)
89. Over head cleaner for airjet looms.
90. Dust separators.
91. Computerised label making machine.
92. Fabric embroidery machine.
(V-B) WEAVING MACHINERY (Weightage-3)
93. Shuttleless looms, including projectile, rapier, airjet, waterjet and multiphase.
94. Shuttleless loom of width 180 cm and above for Projectile and Rapier looms
and 165 cms and above for Airjet and Waterjet looms with weft insertion rate of
i. 800 mtrs. per minute and above for Projectile looms and
ii. 450 mtrs. per minute and above for other shuttleless looms. For SSI units, the weft insertion rate of Rapier shuttleless looms may be 250 mtrs. per minute and above.
95. Shuttleless loom of width 160 cm & above (for woollen units)
(i) 800 mtrs. per minute and above for Projectile looms and
i. 450 mtrs. per minute and above for other shuttleless looms. For SSI units, the weft insertion rate of Rapier shuttleless looms may be 250 mtrs. per minute and above.
( VI ) KNITTING MACHINERY USED FOR THE MANUFACTURE OF KNITTED FABRICS/BLANKETS (Weightage-2) :
96. High -speed circular knitting machine, with or without cutter.
97. Computerised flat bed knitting machine with minimum speed of 11 revelutions per minute.
98. Warp/raschel knitting m/c with cutting m/c.
99. High speed computerised warping machine for knitting.
VII. TEXTILE PROCESSING MACHINES (Weightage – 3) :-
100. Yarn mercerising machine with caustic recovery/re-use system.
101. Yarn singeing machine with L.P.G. system.
102. Cabinet type hank yarn dyeing machine.
103. H.T., H.P. package dyeing machine ( for fibres/yarn).
104. Indigo dyeing range ( sheet or rope form ), with or without sizing plant ( only for denim units ).
105. J. Box.
106. Automatic open width continuous scouring and bleaching range with micro processor attachments and automatic chemical dosing.
107. Rotary drum washer.
108. Jet -dyeing machine.
109. Fully automatic jigger/jumbo jigger (J.T-10 or J.T-15 type), with or without microprocessor controls.
110. Automatic flat bed screen printing machine.
111. Roller steamer.
112. Loop ager / flash ager / pressure ager / steam ager.
113. Multi chamber washing range with arrangement of tension- free fabric drying and reduced water consumption/water re-use system.
114. Pad steam range.
115. Continuous print washer.
116. Continuous weight reduction machine through micro wave -technique ( for polyester goods only ).
117. Fabric singeing machine with LPG system with arrangement for singeing face and back –in- one pass.
118. Thermo soling range ( for synthetics ).
119. Transfer printing machine ( for synthetics ).
120. Embossing machine / Pinching and Flat & Embossing machine for fabrics.
121. Coating/laminating machine.
122. Compressive shrinkage range.
123. Knitted wet fabric spreading and squeezing machine.
124. Knitted fabric continuous bleaching machine.
125. Fabric reversing machine for knitted fabric.
126. Slit opening machine for knitted fabric.
127. Pile cutting machine for knit fabric.
128. Milling machine.
129. Crabbing machine.
130. Raising/sueding machine.
131. Paper or rotary Press.
132. Relaxing machine.
133. Shearing machine/cropping machine/polishing machine for worsted fabric.
134. Multichamber stenter ( with minimum three chambers) with arrangement of oil/gas heating system/multicylinder drying range.
135. Computer colour matching.
136. Soft-flow micro processor controlled dyeing machine.
137. Computer controlled fabric inspection machine with fault analyser and report generator.
138. Hot- air /radio frequency / infrared / radiant gas fired /micro- wave/loop/relax dryer.
139. Kier decatising/continuous decatising machine.
140. Pleating / creasing / Folding machines
141. Crush machine for uneven pleat for grey / dyed fabrics.
142. Cone dyeing machine.
143. Fabric singeing cum desizing machines.
144. Pressure kier with automotive liquor circulation with or without auto piler.
145. Float dryer with padding mangle.
146. Hydro extractor based on entri fugal or vacuum system.
147. Rotary Printing machine with or without automatic colour fading system.
148. Tumble dryer.
149. Fabric mercerising machine with caustie recovery / re-use system.
150. Precision flok cutting machine.
151. Sieving machine.
152. Form finisher.
153. Curing machine / Polymerising machine.
154. Dry-to-dry cleaning machine.
155. Calendering machine.
156. 3 Bowl shaped configuration calender ( for different types of surface effects )
157. Cone to Hank winding machine.
(VIII) STITCHING MACHINES (Weightage – 1 ) :-
158. Single / multi needle power operated industrial lock stitch sewing machine with or without trimmer over edging / seaming and bending operation.
159. Power driven cloth spreading machine and cutting machine.
( IX) EFFLUENT TREATMENT PLANT AND AIR POLLUTION CONTROL
EQUIPMENTS (Weightage-3) :
160. Effluent treatment plant with primary and secondary system.
( X ) STATE- OF-THE- ART PROCESSING MACHINERY (Weightage-4) :
Widerwidth fabric (180 cm. and above ) mercerising machine with caustic recovery/re-use system.
161. Knit tubular mercerising or bleaching-cum-mercerising machine.
162. Automatic open width (180 cm. and above) continuous dyeing range with mirco processor attachments and automatic colour/chemical dosing.
163. Combined contipress/decatising machine.
164. Vaporloc machine.
165. Inkjet printing machine.
166. Sueding / peach finishing machine.
167. Combisoft machine for softening drying and stone wash effect.
168. Airo machine for durable mechanical finish.
169. Compacting machine.
170. Automatic colour weighing and dispensing system.
( XI ) STATE-OF-THE ART EFFLUENT TREATMENT PLANT (Weightage-4) :
171. Effluent treatment unit with ( primary, secondary and tertiary system combined ) automatic sensing devices, automatic controlled chemical dosing, dissolved air floatation (DAF), reverse osmosis, sludge dewatering, decanters, ultrafilters & vaccum filters to deliver water for reuse.
( XII ) OTHER EQUIPMENTS AND MACHINES FOR YARN, FABRICS MADE-UPS (Weightage-1) :
172. Oil / Gas fired boiler and Coal / Husk fired boiler with controlled filter mechanism, electrostatic precipitation and micro dust collector.
173. Thermopac.
174. Automatic bale press system ( Packing ).
175. Automatic soft cotton waste recycling machine.
176. Automatic hard cotton waste recycling machine.
177. Automatic cotton dust and seed collection and filtration system.
178. Fire Protection System.
179. Automated bale weighing system.
( XIII ) ANY OTHER MACHINE :
180. Any other modern machine not mentioned in the aforesaid list may also be considered by the Textile Commissioner, Ministry of Textiles, Govt. of India, for MEE quota, provided the same is also approved under the TUF Scheme.
_____________
ANNEXURE-III
LIST OF COUNTRY-CATEGORIES
Country Category Description
Fabrics country-categories :
EU 1 Cotton yarn
EU 2 Fabrics(grey &bleached)
EU 2(a) Fabrics(dyed/printed)
EU 9 Terry Towels & Toweling
EU 20 Bed linen
EU 39 Table, Toilet & Kitchen Linen other than terry
USA 218 Yarn dyed fabrics
USA 219 Duck fabrics
USA 313 Sheeting
USA 314 Poplin & Broad Cloth
USA 315 Print cloth
USA 317 Twill & drills
USA 326 Sateen
USA 363 Cotton Terry Towels
USA Gr. II Cotton yarn
Cotton fabrics
Cotton Made-ups
MMF Textiles
CANADA 32(a) Denim fabrics
CANADA 41(a) Bed sheets
Note : EU includes Germany, France, Italy, United Kingdom, Greece, Spain, Ireland, Portugal,
Benelux (Belgium, Netherlands & Luxumberg), Denmark, Austria, Finland & Sweden.
2) Gr. II MMF (man-made fibre textiles) covers yarn, fabrics & made-ups categories.
Annexure-IV
Notarised affidavit of the applicant manufacturer-exporter on A stamp paper of Rs. 10
I / we………………………………………………, s/o ………………………….., Managing Director/Director/Authorised Signatory of the firm M/s ……………….. ……………………….,, do hereby affirm that the contents of my/our application dated ………………………. Are in consonance with the provisions of the Textile Commissioner, Ministry of Textiles, Government of India’s Memorandum No.3/21/2002/EP-I dated 04/06/2002, regarding the allotment of MEE quota for the year 2003 and that these contents are complete, correct and true in all respects. I / we also hereby agree to abide by all the terms and conditions of the said Memorandum, as amended from time to time. I / we also affirm that all the exports to be effected against this allotment of MEE quota of the year 2003 will be made from out of the goods manufactured wholly on the machines enlisted at item no. 6 of my/our application thereto & located at my/our units(s) indicated in this MEE application and which are already functional. I / we also undertake to facilitate the inspection of my/our unit (s) by the officers of the o/o the Textile Commissioner/TEXPROCIL/Quota Administering Authority, for this purpose. In case any declaration given in this application, or in regard to this application, is found to be incorrect, I /we hereby undertake to return such MEE quota already utilised, from out of my/our own valid quota or from out of such quota obtained by me/us on transfer and, pertaining to the concerned country-category and I/we also undertake to surrender the balance quota, if any, thereof and also to pay such compensation as may be determined by the Textile Commissioner, Ministry of Textiles, Government of India, or the Enforcement Committee ( under the textiles quota policy inforce) in lieu of the return of such utilised quota, as may be decided by the Textile Commissioner & within 15 days of such a demand being made in writing to me/us.
|Place : |Signature, name and seal of the Managing Director/Director/Authorised |
| |Signatory of the applicant unit. |
|Date : | |
ANNEXURE-V
FORMAT OF THE MACHINERY LIST
[As specified in Sr.no.6 of Annexure-I]
1. The value of these machines shall be as defined in para 3(iv) of this memorandum and shall be in lakh rupees.
2. (I) Please give the sub-totals of I to IV(spinning),V(weaving), VI(knitting),
VII(processing), VIII(stitching), IX(effluent treatment plant and air pollution control equipments), X&XI(state-of-the-art processing machinery for cotton, synthetics, woollen & worsted fabrics & the state-of-the-art effluent treatment plant) and XII(other equipments and machines) as per the list thereof in annexure-II.
I. Thereafter please give the sub-total of XIII (any other machines) as per the lists thereof in annexure-II.
II. At the end, please the grant total of I to XII, as per the lists of the machines in annexure-II.
III. Please give the details of the leased machine(s), separately.
IV. Machines should be as per annexure-II.
3. This statement should be duly certified by a Chartered Accountant / Chartered Engineer / Cost & Works Accountant and also countersigned by the Managing Director/Director/Authorised Signatory, as the case may be.
4. This annexure should be completely and clearly typed, except for the signatures.
Certified by the CA/CE/C&WA
of the CA/CE/C&WA
Signature, name and seal of the Chief Executive /
Managing Director/Director/Proprietor/Partner/
Authorised Signatory of the unit
Signature, name and seal
Of the CA/CE/C&WA
Place : Place :
Date : Date :
ANNEXURE-VI
CERTIFICATE OF THE CHARTERED ACCOUNTANT/CHARTERED
ENGINEER/COST & WORKS ACCONTANT
I, ________________________________________________________________,
s/o ________________________________ , having membership reg. no. _______________of ____________________________________, and being the Proprietor / Partner of the firm M/s._______________________________________, with its office located at ______________________ , do hereby certify that the contents of the enclosed statement(s) of the applicant unit(s) M/s.________________________________, [name and address of the applicant unit(s)], pertaining to the installation of the machines listed at sr.no.6 of its application for the MEE 2003 quota and relating to the period from the 1/7/1999 to the 30/6/2002, with reference to their number(s) and their value(s) (as defined in para 3(iv) of the Textile Commissioner, Ministry of Textiles, Govt. of India’s Memorandum No. 3(21)/2002/EP.I dated 04/06/2002)regarding such quota have been verified by me/us and have been found to be correct and true in all respects. I / we also certify that these machines have been verified by me/us to have been physically installed in the unit(s) located at ________________________________ (complete address), and that they belong to the instant applicant and are operational.
Place: Signature, name and seal of the
Date: Chartered Accountant/Chartered
Engineer/Cost& Works Accountant
Place: Signature, name and seal of the
Chief Executive / Managing Director/Director/
Proprietor/Partner/
Authorised Signatory of the applicant unit
Date :
|Page 1 |
GOVERNMENT OF INDIA
MINISTRY OF TEXTILES
OFFICE OF THE TEXTILE COMMISSIONER
POST BAG NO. 11500, MUMBAI - 400 020.
Fax: 022 2002495, E-mail: texcomindia@
Website :
No. 28(19)/2000-MS/
Date: - 12
th
Dec., 2002
Circular No. 6
(2002-2003 Series)
Sub
:
Technology Upgradation Fund Scheme (TUFS).
1.
Co-option of additional banks / financial institutions by Nodal Agencies
.
(i)
Industrial Development Bank of India (IDBI), the nodal agency (NA) for
textile industry (Non-SSI) under Technology Upgradation Fund Scheme, vide
letter No. IDBI.HO.TUFS(6) dated.06-11-2002 has co-opted IDBI Bank Ltd.,
Global Trust Bank Ltd. and UTI Bank Ltd. for textile industry under the TUF
Scheme.
2.
Decisions taken by Inter-Ministerial Steering Committee (IMSC) in its 13
th
meeting held at New Delhi on 22
nd
Nov., 2002.
(i)
Coverage of cost of forward exchange cover for foreign currency loan
under TUFS
.
The cost of
forward
cover premium for Foreign Currency Loan under
TUFS limited to 5% per annum on the base rate of exchange as an option,
which may be exercised only once in the each financial year of the
project has been covered.
(ii) Eligibility of Husk fired boiler without accompanying textile
modernisation / expansion
.
Husk Fired Boiler on stand-alone basis (without accompanying textile
modernisation /expansion) has been covered under TUFS.
(iii) Eligibility of lease finance under TUFS
.
Interest portion of the lease finance taken by the manufacturers from NAs/co-
opted PLIs for eligible machinery and equipments has been covered under
TUFS. The coverage of lease finance will be subject to normal leasing norms
but lease period will be limited to 10 years.
(iv) Coverage of Fibre dyed yarn as an eligible downstream value addition
process for expansion of spinning capacity under TUFS
.
Installation of matching new fibre dyeing capacity has been covered as an
eligible value addition process for expansion of spinning capacity under TUFS.
[pic]
|Page 2 |
2
However, existing fibre dyeing capacity will not be considered as a value
addition process.
(v)
Exemption from downstream value addition and MES stipulation for
existing compact spinning system under TUFS
.
Downstream value addition norms and MES stipulation have been exempted
for existing compact spinning system under TUFS.
(vi) Eligibility of new composite spinning mills with knitting & garmenting
facility with less than 25000 spindles under TUFS
.
New Composite units with knitting and garmenting facility are permitted to
install equivalent / matching capacity in spinning. In such cases, MES for
spinning facility will not be applicable. The powerloom units can also set up
equivalent capacity of spinning, without applicability of MES for spinning
capacity.
(vii) Import of eligible second hand machinery under TUFS requirement of
certificate by the agencies regarding the vintage and residual life of the
machinery
.
The present condition stipulated under para 3.2 (3) of GR on TUFS regarding
furnishing of a certificate from the agency as per Appendix 28 of EXIM Policy
(2002-2007) has been replaced with the condition that the importers may
produce a certificate from a chartered engineer of the exporting country on
vintage and residual life of the imported machinery.
(viii) Coverage of non-convertible debentures (NCD) subscribed by banks / FIs
under TUFS
.
The non-convertible debentures (NCD) subscribed by NAs and co-opted PLIs,
if they fall within TUFS norms, are covered under the scheme.
The above modifications may please be brought to the notice of all
concerned.
(Smt Shashi Singh)
(Director)
To
: -
1. Secretaries (Textiles) of all states
2. All PLIs of IDBI and SIDBI
3. To all Major Textile Industry Associations/ Trade Associations/All India
Industry Associations/Chambers of Commerce & Industry.
4. Officer Incharge of all Regional office of the Textile Commissioner,
5. Secretary, Textiles Committee, Mumbai
6. Officer Incharge of all Powerloom Service Centers,
[pic]
|Page 3 |
3
7. The Directors of all TRAs
8. Executive Directors of all EPCs
9. Development Commissioner (Handlooms)
10. Development Commissioner (Handicrafts)
11. Jute Commissioner
12. Member-Secretary, Central Silk Board
13. Director General , NIFT
14. Prominent News Agencies.
With a request to bring the above message to the notice of all concerned, by
publishing / covering the above amendments/modifications in the TUFS, in the news
papers/ periodicals / magazines etc
Copy for information to:
1. All members of IMSC & TAMC.
2. Shri Atul Chaturvedi, Joint Secretary, Ministry of Textiles, New Delhi - 11
3. Shri P.K.Gera, Director, Ministry of Textiles, New Delhi 110 011
(Smt. Shashi Singh)
Director
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