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_________
Designation
APPENDIX
– 14-I-F
FORM
OF LEGAL AGREEMENT FOR EOU/SEZ UNITS
NOTE: PLEASE SEE PARA 6.4.1 OF THE CHAPTER 6 & PARA
7.8 OF THE CHAPTER 7 OF THE HANDBOOK OF PROCEDURES (Vol.- I)
An agreement made this _____________day of
___________2006_____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.
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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.
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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)
ANNEXURE-I
EXEMPTION MATERIALS
1.
Plant, Machinery and Equipment to be imported.
2.
Raw Materials, Components and Consumables to be imported.
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No.
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Description
of material
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3.
Plant, Machinery and Equipment and Raw Material, Components
and Consumables to be indigenously produced and purchased without
payment of Central Excise Duties.
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No.
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Description
of material
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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:______________
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 :
4.
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})
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.
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
15).
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
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