|
_________
Designation
APPENDIX 14-I-L
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
FORM OF LEGAL
UNDERTAKING FOR EXIT
OF THE UNIT
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
The unit applied for
exit from the EOU/SEZ Scheme which was approved vide letter
No._________________________
dated _______________ subject
inter-alia to the condition that penalty imposed by
appropriate Authority under the F.T.(D&R) Act, 1992 for non
fulfilment of the conditions of approvals would be paid.
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.
Full and
expanded description
of The unit with full
address.
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
|
