TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY

(PART-I, SECTION-1)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

PUBLIC NOTICE No 18 /2002-07

NEW DELHI: the 14th June, 2002

In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures (Vol.1):

1) Addition of a new sub para: A new sub para 4.9 (e) is added at the end of paragraph 4.9 pertaining to the “Standardisation of Adhoc Norms” as under:

(e) The applications of fixation of fuel entitlement for new sectors and modification of the existing entitlement as per the General Note for Fuel in the Handbook of Procedures (Vol 2) would be made to the Advance Licencing Committee along with the requisite data in Appendix 10 H pertaining to the “Data Sheet for Fuel Rate”. The Advance Licence holders wishing to procure the fuel indigenously may apply for an Advance Release Order or Back to Back Inland Letter of Credit. The indigenous supplier supplying fuel shall be entitled for deemed export benefits given in para 8.3(b) & (c) of the Policy. In case the indigenous suppliers is not willing to avail of DE benefits under such supplies of fuel to the Advance Licence holder, he may issue a disclaimer on the basis of which the Advance Licence holder can avail of the deemed export benefits as per procedure given in Chapter 8 of the Handbook of Procedures (Vol 1) .

2) The following is added at S.No 3 to the documents to be enclosed with the application form in Appendix 10 B pertaining to the “ Application Form for Grant of Advance Licence under the Duty Exemption Scheme”.

3. In cases where import of fuel has been sought for the grant of Advance Licence (excluding applications for adhoc norms and those under para 4.7 of Handbook ) , the applicant would be required to submit the following additional documents:

a) Copy of the permission issued to the manufacturer exporter by the competent authority (concerned State Electricity Board or Power Corporation or Regulatory Commission of the concerned State) under Section 44 of the Electricity (Supply) Act, 1948 for the installation of captive power plant based on the specified fuel.

b) Copy of the letter intimating the date of commissioning of the Captive Power Plant to the concerned authority which issued the permission letter.

Note: The import of only such fuel(s) shall be allowed which have/ has been specified in the said permission..

3) Appendix 10 H pertaining to the “ Data Sheet for Fuel Rate” as per the Annexure to this Public Notice is added.

4) The following provision is added as a new para 4.27.1.

The issue of extension of export obligation (EO) period for the erstwhile Advance Licence for Annual Requirement was considered in the Policy Review Committee meeting held on 21.05.2002. The Committee in the light of the difficulties faced in fulfilling EO on account of exigencies in the international trade scenario and in the absence of any provision of EO extension under Advance License for Annual Requirements , decided to grant EO extension for all Advance Licence for Annual Requirements whose EO period expired / expires prior to 31.03.2003 on the execution of a Bank Guarantee (BG) equivalent to the customs duty with 24% interest on unutilised exempt material. In cases where the extension period upto 31.03.2003 is less than or equal to six months from the date of expiry of the licence, a composition fee of 1% of the unfulfilled obligation on the date of expiry of the licence vis a vis imports made would be levied. However in all other cases where the EO extension period sought upto 31.03.2003 is more than six months from the date of expiry of the licence, a composition fee of 5% of the unfulfilled EO on the date of expiry of the licence vis a vis imports made would be levied.

5) The following agencies are added under the respective state heads under Appendix 35B pertaining to the “List of Agencies Authorised to issue Certificates of Origin – Non Preferential”

Gujarat

10. Rajkot Chamber of Commerce and Industry

Post Box No 441, Centre Point, Karansinghji Road, Rajkot – 360001

Tel: 0281-227500/ 400 Fax: 0281- 230824

Madhya Pradesh/ Chattisgarh

Devi Ahilya Chamber of Commerce & Industries

34, Jawahar Marg, Near Jhanda Chowk, Police Chowki, Indore 452007

Tel: 0731-432524/ 543904 Fax: 0731- 433859/ 475867

This issues in public interest.

(N.L.Lakhanpal)

Director General of Foreign Trade

(A.B.Menon)

Dy.Director General of Foreign Trade

(F.NO. 01/94/180/26/AM03/PC-IV)

APPENDIX – 10 H

DATA SHEET FOR FUEL RATE

Note: Please see paragraph 4.9 of the Handbook of Procedures (Vol 1) .

1. Name and address of applicant: …………………………………………………………………………………

…………………………………………………………………………………

2. I.E. Code No: …………………………………………………………………………………

3. Item(s) of Export for which fixation of fuel rate is sought

S.No Description of Item(s) of Export S. No in Handbook, Vol 2

 Exports made during past one year of items(s) for which Fuel rate is applied for:

S.No Shipping Bill No Description of Exports Total Quantity (by weight) Total FOB Value Fob Value per kg

5. Units (KWH) of Electricity consumed for producing ………………………

one kg of export product

6.  Type of Fuel stipulated in permission issued by competent ……………………

authority for installation of Captive Power Plant

7.  Cost of Fuel per kg of export product ………………………

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

 DOCUMENTS TO BE ENCLOSED WITH APPLICATION FORM

 a) Appendix 2 of Handbook (Vol.1) alongwith the data sheet in duplicate.

 b) Copy of permission issued by the competent authority under Section 44 of the Electricity Supply (Act), 1948 for installation of Captive Power Plant stipulating among other things, the specific fuel to be used by such plant.

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