APPENDIX
– 14-I-F
NOTE: PLEASE SEE PARA 6.4.1 OF THE CHAPTER 6 & PARA 7.8 OF THE
CHAPTER 7 OF THE HANDBOOK OF PROCEDURES (Vol.- I)
An agreement made this
_____________day of ___________2003_____between M/s. _________________________________(indicate
legal status i.e. a company or firm) an Export Oriented Unit / a unit in a
Special Economic Zone (SEZ) having its registered office at ___________________
and factory/service unit at ___________
(hereinafter referred to as “the unit” which expression shall include
its successors and assigns) of the one part and the President of India acting
through Development Commissioner (DC) of ……………..SEZ (hereinafter referred to as
“Government” which expression shall include his successors in office and
assigns) of the other part.
Whereas
the Government has communicated vide Letter No. ___________dated _________to
the Unit the terms and conditions for setting up the EOU/SEZ unit for
manufacture/service of __________________and the Unit has duly accepted the
said terms and conditions vide their letter No.__________dated __________.
AND
WHEREAS the unit has been permitted to
import/purchase indigenously Plant and
Machinery, raw materials, components, spares and consumables free of Import /
Central excise duty as per details given at Annexure I(units in SEZ not
required to fill up details of Annexure I).
And
whereas a license has been granted to the unit by the Government, subject to
the achievement of positive NFE as provided for in EOU/SEZ Scheme.
NOW
THIS AGREEMENT WITNESSETH AS FOLLOWS:
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|
1. 2. |
The Unit shall achieve positive NFE
cumulatively over a period of 5 years as provided in the EOU/SEZ Scheme.
Such performance shall be subject to
annual monitoring by the Development Commissioner(DC) having jurisdiction
over its activities under the guidelines issued by the Ministry of Commerce,
Government of India from time to time and the unit shall be liable for
penalty under the Foreign Trade(D&R)Act, 1992 as amended from time to
time for failure to fulfill such obligation.
For the purpose of counting NFE under the EOU/SEZ scheme, exports to
Nepal or Bhutan shall qualify, if
payment is made in Foreign Exchange. |
3. The unit shall intimate the date of
commencement of the production for export within one month of such date to the
concerned Development Commissioner.
4. The unit shall not dispose of its
production in the domestic market except in terms of the provisions of EOU/SEZ
Scheme and/or when specifically allowed by the competent authority.
5. The
unit under implementation shall submit quarterly report to the concerned
Development Commissioner in the prescribed format at Annexure II.
6. The Unit shall after the
commencement of production/operation, submit to the concerned Development
Commissioner, quarterly performance report in the prescribed format at Annexure
III for the period ending March/June/September and December every year within 30
days of the close of quarter through e-mail giving details of the
imports/exports effected and purchases made from the Domestic Tariff Area by
the Unit during the period. An annual
performance report shall also be submitted in the prescribed format given at
Annexure - IV within a period of 90 days following the close of financial year
failing which further imports and DTA sale will not be permitted. Annual Performance Reports shall be
certified by a Chartered Accountant. In case of wrong submission of such
information or failure to submit such information within the stipulated time,
DC may withdraw the permission granted to the unit for operation.
7. In the event of the Unit failing to
fulfill the terms & conditions of Letter of Permission(LOP) / Letter of
Intent (LOI) and NFE as prescribed in the EOU/SEZ Scheme, except when the
fulfillment of such conditions is prevented or delayed because of any law &
order, proclamation, regulation/ordinance of the Government or the shortfall in
fulfillment of NFE is within the
permissible norms specified in the monitoring guidelines given at
Appendix-14-IG of the EOU/SEZ Scheme, the unit would be liable for penal action
under the provisions of Foreign Trade (Development & Regulation )Act, 1992
and the Rules & Orders made thereunder.
8. The unit shall also be subject to
the conditions stipulated and required for availing exemption from duty of
Customs and Excise under the relevant Customs & Excise Notifications and
any customs duties/Excise duties and interest payable to / leviable by the
Government for failure to fulfill such conditions shall also, without prejudice
to any other mode of recovery be recoverable in accordance with the provisions
of Section 142 of the Customs Act 1962/Section II of the Central Excise Act
1944 and rules made thereunder and/or from any payment due to the Unit from the
Government.
9. Any
order issued by the Government in this regard shall be final and binding and
the Unit thereby undertakes to comply unconditionally with such an order.
1.
The
unit shall be bound by the changes made in the provisions of EOU/SEZ Scheme
from time to time.
2.
The
unit shall have an operational Web-Site.
3.
Any
changes in the Board of
Directors/Partners, telephone No.,
E-mail address, Web-Site, Pass port No., Bank Address and Factory address shall
be duly intimated by the unit within a fortnight.
13. Any
Stamp Duties payable on this document or any document executed thereunder shall
be borne by the Unit.
In witness thereof the common seal of
_____________has been here into affixed and for and on behalf
of_______________has set and subscribed his hands here into. Common seal of the within named Unit has
been affixed here into in the presence.
Signature______________
of (I) Shri
_______________________ (I)_____________________
(Residential address)
Director and (ii) Shri
_______________Director who have been duly authorized for the purpose by a
resolution of the Board of Directors of the Company passed at the meeting held
on ______________and who have signed in the presence of _________________.
1. ______________(Name,
Designation and Address)
(Tel. No.
(E-mail Address & web-site)
2. ______________(Name,
Designation and Address)
(Tel. No.
(E-mail Address & web-site)
Signed for an on behalf of the
President of India
By Shri
_________________________________in the presence of
1. ____________________________(Name,
Designation and Address)
2. ____________________________(Name,
designation and Address)
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ANNEXURE-I
EXEMPTION MATERIALS
1. Plant, Machinery and Equipment to
be imported.
|
No. |
Description
of goods |
|
|
|
2. Raw Materials, Components and
Consumables to be imported.
|
No. |
Description
of material |
|
|
|
3. Plant,
Machinery and Equipment and Raw Material, Components and Consumables to be
indigenously produced and purchased without payment of Central Excise Duties.
|
No. |
Description of material |
|
|
|
|
|
|
ANNEXURE-II
Period of reporting: (April-June)
(July-Sept.) (Oct-Dec) (Jan-March) Quarterly Progress Report for the EOU/SEZ
units which are under implementation:
1.
Details
of the unit :
(a)
Name
of the unit :
(b)
IEC
No. :
2. Location of the Factory &
Full Address: :
a. Address :
b. Phone
No. :
c. Fax No. :
3. Regd.Office
a. Address :
b.
Phone
No.
c.
Fax
No. :
d. Permanent
E-Mail Address:
e. Web-Site :
4. Approval No. and date :
5. Item of manufacture/service – Annual
Capacity
(Details of all items to be provided)
a)
b)
6. Green
Card No. and date
and
the period of validity :
7. Present position in regard to
setting up of the unit (Tick
whichever
is applicable)
a. Acquisition
of land : Yes No
b. Erection of Building : To Start/ Started Over/Building purcahsed
c. Electricity : Not applied Applied on Available
d. Water : Not applied Applied on Available
e. Telephone/Fax : Not applied Applied on Available
8. Employment:
a) No. of Men Workers employed in Managerial Skilled Unskilled
the unit
b) No. of Women workers employed Managerial Skilled Unskilled
in the unit
c)
TOTAL:
9. Imports during the quarter
(Rupees in Lakhs) During
the Cumulative
Quarter
a.
Value
of Capital Goods imported
b.
Value
of Raw Materials, Components
etc. imported
c.
Value
of indigenous Capital Goods
purchased.
d.
Value
of Industrial Raw Materials
Components etc. purchased.
10. Sanction of bonding facilities: Yes No
a.
if
"yes" date on which warehousing
licence issued
b.
if
"no" date on which customs/
excise approached.
11. Date likely to commence production :
12. Any other information :
(Signature with seal of the company)
Place:_____________
Date:______________
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ANNEXURE-III
FORMAT FOR QUARTERLY REPORT FOR THE
WORKING UNITS
Period -----
PERIOD OF REPORTING: QUARTERLY
(APRIL-JUNE)(JULY-SEPTEMBER)(OCTOBER DECEMBER)(JANUARY-MARCH).
1. Name of the Unit & location
2. (a) Permanent E-mail Address
(Compulsory)
(b) Web Site
3. Date of commencement of
production
Details of production figures
Quantity(MT/pieces) Value(Rs. in lakhs)
EXPORT(INFLOW) (Rs. in Lakhs) $ in Million
4(i). FOB value of exports for the
Quarter
a) GCA
exports
b) RPA
exports
c) Total:
ii). Deemed export for other categories
during the quarter
iii). Cumulative exports/deemed export up
to the current
quarter.
IMPORT(OUTFLOW) (Rs. in Lakhs)
5(i). Cumulative import of
RM/consumable etc. during
the quarter
ii). Cumulative import of RM/Consumables
etc., consumed up to the quarter
iii). Cumulative import of capital goods
including spares
up to the quarter.
6. Net foreign exchange earning Achieved
(NFE)(Column 4 – Column 5 {ii}+Column 5 {iii})
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DTA SALE
7. DTA sale Quantity
Value
8. Cases
of pending Foreign Exchange
Cases of pending Foreign Exchange
realisation outstanding for more than 360 days at the end of last quarter/
financial year
Date
of export : Name of Importer: Address : Amount
(S I G N A T U R E)
With Seal of Co.
Notes :-
1. The above information should be
given separately for each Letter
of Permission.
2. QPRs
must be submitted electronically only if the zones have provided online
facilities.
3. The
signature of the authorised signatory of the unit must be sent to the zone
electronically.
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ANNEXURE-IV
FORMAT FOR ANNUAL PROGRESS REPORT FOR
THE WORKING UNITS
Period -----
PERIOD OF REPORTING: ANNUAL
(APRIL-MARCH)
1.
Details
of the Unit
a)
Name
of the Unit
b)
IEC.
No.
2. PERIOD OF REPORTING
3 Approval No. & Date
4. Item of manufacture/service –
Annual Capacity
(Details of all items to be
provided)
a)
b)
5. Factory Location/Address/
Telephone No.
6. Regd.Office Address/Tel/Fax No
7.
(a)
Permanent E-mail Address (Compulsory)
(b)
Web
Site
8. Date of commencement of
production
Details of production figures
Quantity(MT/pieces)
Value(Rs. in lakhs)
9. Details of Foreign Exchange
Inflow/Outflow
EXPORT(INFLOW) (Rs. in Lakhs) $ in Million
10) FOB value of exports for the
Year
a) GCA
exports
b) RPA
exports
c) Total:
11) (a)Goods sold in DTA
in terms of Para 6.9(b) of the Chapter 6 of the Exim Policy for year
(b)Deemed export for other
categories during the year
Total
12) Cumulative exports up to the current
year.
13) Cumulative exports up to the previous
year
14) Country-wise details of exports
IMPORT(OUTFLOW) (Rs. in Lakhs) $ in Million
1.
Opening
balance of imported
RM, Consumables etc.,
during the year
16. Raw Materials/consumables
/components etc. imported
during the year
17. RM/consumables etc.
transferred to other units
during the year
18. RM/consumables etc.
received under the inter-unit
transfer during the year
19. Cumulative import of
RM/consumable etc. during
the year
20. Imported RM/Consumables/ etc.,
consumed during the year
20(A) Imported
RM/consumables etc. not utilised beyond five years.
21)
Closing
balance of imported RM/Consumables
etc, at the end of year
22)
Opening
balance of imported capital goods including spares (Value of capital goods
year-wise since inception to be annexed)
23) Import of capital goods including
spares
during the year
24) Capital goods including spares
received under
inter-unit transfer
25)
Capital
goods including spares transferred under inter-unit
transfer
26) Cumulative imports of capital goods
including spares
during year.
Sub-Total
[Column No. 20 + Column 26]
27) Other FE Outflow (Royalty/
technological know-how/investment
/Dividend payment/Travel/Commission etc.)
during the year
TOTAL
OUTFLOW [Column No. 20 + 26 +27]
28) Net foreign exchange earning Achieved
29) Opening balance of indigenous
capital goods including spares
during the year
30) Purchase of indigenous
capital goods during the
year
31) Cumulative balance of indigenous
capital goods purchased during
the year
32) Opening balance of indigenous
RM/Consumables etc.,
during the year
33) Purchase of indigenous
RM/Consumables etc
during the year
34) Cumulative balance of indigenous
RM/consumables purchased during the year
34(A) Imported
RM/consumables etc. not utilised beyond five years.
DTA
SALE
35) (a)Sales of goods effected in DTA
if Quantity Value
any
(b)Sales of rejects in DTA if any: Quantity Value
(c)Sale of Waste/Scrap/Remnant Quantity Value
d) Sale of by product
(e)Total Quantity
Value
36) DTA sale on full duty Quantity Value
37) Items of manufacture/service
Annual capacity (at the end of
financial year)
38) Foreign/NRI/Indian investment Foreign NRI
Indian
(to be submitted annually)
i) Authorised capital
ii) Paid up capital
iii) Foreign Direct Investment
- (I) Approved
(II) Actual Inflow
during the year
(III)
Cumulative balance
for the year
iv) NRI capital (I)
Approved
(II)
Actual Inflow
during the year
(III) Cumulative balance
for the year
40. Employment:
a) No.
of Male Workers employed in Total Managerial
Skilled Unskilled
the unit
b) No.
of Women workers employed Total Managerial Skilled
Unskilled
in the unit
c)
TOTAL: (a + b)
41. OTHER INFORMATION :
|
a) |
Goods exported without GR form under
intimation to the Development Commissioner of SEZ such as (i) imported goods
found defective for the purpose of replacement by foreign suppliers or
collaborators, imported goods on loan basis, export of free samples, surplus
goods imported from foreign suppliers or collaborators free of cost for
production operations, consignments imported for participation in exhibitions
etc. (only for SEZ units) |
|
|
b) |
Overseas investment Overseas investment made by the unit
at the end of last year a) Less than one
years Amount in
$ (b) More than one years -do- (only for SEZ units) |
|
|
c) |
Cases of pending Foreign Exchange Cases of pending Foreign Exchange
realisation outstanding for more than 180/360 days at the end of financial
year Date of export : Name of Importer: Address : Amount : (180 days for EOUs and 360 days for
SEZ units) |
|
|
d) |
External commercial borrowing External commercial borrowing pending
at the end of last year (a) Less than three years Amount in $ (b) More than three years -do- |
|
|
e) |
Revenue
contribution Revenue
contribution by units (a)
Excise
duty on DTA sale during the financial year (b)
Income
tax paid, if any, during the financial year (c)
State
taxes, cess duties & levies (including CST paid on domestic procurement). (d)
Tax
deducted at source in respect of employees. |
|
(S I G N A T U R E)
With Seal of Co.
Notes :-
1)
The
above information should be given separately for each Letter of Permission.
2)
The
information given in the formats for APRs should be authenticated by the
authorized signatory of the unit and should be certified for its correctness by
a Chartered Accountant with reference to the account records and registers
maintained by the unit.
3)
APRs
must be submitted electronically only if the zones have provided online
facilities.
4) The signature of the authorised signatory of the unit
must be sent to the zone electronically.