GUIDELINES FOR EXIT OF EOU/SEZ/EHTP/STP
UNITS
|
a) |
Applicable customs and excise duties
would be paid, on the imported and indigenous capital goods, raw materials,
components, consumables, spares and finished goods in stock. The unit may be allowed to dispose off raw
material, components, consumables etc. against duty free licenses. The unit
may also be permitted to export the CG, raw material/components etc. |
|
b) |
The penalty imposed by the
appropriate authority, under the Foreign Trade (Development and
Regulation)Act, 1992 for non-fulfillment of the conditions of approval, would
be paid. In case an appeal against an
order imposing penalty is pending, exit from the Scheme would be considered
if the unit has obtained a stay order from Competent Authority and has
furnished a Bank Guarantee for the penalty adjudicated by the appropriate
authority unless the appellate authority makes a specific order exempting the
unit from this requirement. |
|
c) |
In case the unit has failed to
fulfill the terms and conditions of LOA and penal proceedings are to be taken
up/are in process, a legal undertaking for payment of penalties, that may be
imposed, would be executed with the concerned Development Commissioner as per
enclosed proforma at Annexure. |
|
d) |
Units located in the Special Economic
Zones would be required to immediately vacate their premises after approval
for exit from the Scheme. EOUs
wishing to continue operations in the DTA would need to comply with industrial,
locational, environment or other laws, rules and regulations in force for DTA
units. |
|
NOTE: |
i)
The
unit would fulfill the above mentioned standard conditions in a period of six
months from the date of issue of ‘in principle’ exit letter and obtain final
exit permission from the Development Commissioner/SIA (in case manufacturing
of item requires Industrial Licence) failing which the approval granted would
lapse automatically. DC may however allow a further extension for fulfillment of the standard conditions
in deserving cases. ii)
Further,
the unit would continue to be treated as EOU/EHTP/STP/SEZ unit till the date
of final exit order or issue of fresh LOP under the new scheme in cases of
conversion from one scheme to the other and subject to monitoring of the
stipulated obligations under the relevant scheme. |
Annexure
M/s ___________________________
_____________________ were granted LOA/LOP
No.______________________________________ dated ________________ for setting up
a EOU/SEZ Unit __________________________ at ________ for the manufacture and
export of
____________________________________________ subject inter-alia to the condition that they would achieve positive
NFE on cumulative basis as per provisions of EOU/SEZ Scheme.
The
unit filed a legal undertaking as per Appendix 14-IF of EOU/SEZ Scheme on _______________________ with the
President of India through the Development Commissioner,_____ SEZ for achieving
the above mentioned commitments.
As
against the above commitments, the unit’s actual performance has been as under:
-
Year Import Export
CG RM
In view of the approval for
exit, I/We ___________________________________________________________ hereby
undertake as under:
(i) That I/We
_______________________________________________________ shall pay whatever
penalties are imposed by the Development Commissioner under FT(DR) Act for
non-fulfilment of the terms and conditions of LOA/LOP.
(ii) That I/We____________________________________________________ shall adhere to the mode of payment of
penalties, if any, and time frame in which penalties are required to be paid to
the Director General of Foreign Trade
without any demur or protest.
IN
WITNESS WHEREOF the unit hereto has duly executed this agreement on
______________________________ this ______________________________ day of ___________________________200__ signed, sealed and delivered by the unit in
the presence of :
1.
Name
___________________________
Address ___________________________
2. Name ___________________________
Address ___________________________
___________________________
(To be authenticated/affirmed
by Ist class Magistrate/ Notary Public)
Accepted by me on behalf of
the President of India.
Dy./Jt. Development Commissioner, ___SEZ