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22nd
July , 2003.
Notification
No. 52/2003 - Customs (NT)
(As
amended vide Notfn.No.61/2004-CUSTOMS(N.T.) dated 11th
May, 2004)
In
exercise of the powers conferred by sub-section (1)
of section 156 read with Chapter X A of the Customs
Act, 1962 (52 of 1962), the Central Government hereby
makes the following rules, namely: -
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1.
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Short
title, extent and commencement.- (1) These
rules may be called the Special Economic Zones
Rules, 2003.
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(2)
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They
shall come into force on the 15th
day of August, 2003
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2.
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Definitions.-
In these rules, unless the context otherwise
requires, -
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(a)
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“Act”
means the Customs Act, 1962 (52 of 1962);
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(b)
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“authorised
operation” means setting up, or maintenance
of the special economic zone unit, development,
maintenance or operation of the special economic
zone or providing any public utility service
in the special economic zone by developer of
such zone, or any activity of manufacture, production,
processing, assembling, trading, repair, re-making,
reconditioning, re-engineering, packaging of
goods in such zone or any activity in connection
therewith or carrying out any activity for rendering
of any service, or export of such goods, or
service from such zone;
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(c)
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“developer”
means a person engaged in development or
operation or maintenance of special economic
zone or in providing public utility services
within the special economic zone, duly
approved by the Board of Approvals
as defined in clause (c) of regulation 2 of
the Special Economic Zones (Customs Procedures)
Regulations,2003 and includes any
other person authorisedby any such developer
for such purpose;
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(d)
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“
domestic tariff area” means an area within
India
but does not include special economic zones;
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(e)
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“
Export and Import Policy” means the Export
and Import Policy notified from time to time
by the Central Government, in the Ministry of
Commerce and Industry under section 5 of Foreign
Trade ( Development and Regulation) Act, 1992
( 22 of 1992);
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(f)
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“non–processing
area” means an area of the special economic
zone, but does not include processing area;
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(g)
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“processing
area” means an area, designated by the
Commissioner of Customs, in the special economic
zone where only the special economic zone units
are set up to carry out one or more authorised
operations only;
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(h)
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“special
economic zone” means a special economic
zone specified by the Central Government under
section 76 A of the Act;
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(i)
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“special
economic zone unit” means an unit of business
establishment set up in the processing area
of special economic zone for carrying out one
or more authorised operations only;
“
Unit Approval Committee”, in respect of
a special economic zone, means a committee set
up for the special economic zone as notified
in the Official Gazette by the Central
Government in the Ministry of Commerce
and Industry’
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(j)
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Words
and expressions used in these rules and not
defined but defined in the Act shall have the
respective meanings assigned to them in the
Act.
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3.
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Establishment
and control.- (1) A special
economic zone shall have clearly demarcated
processing area and such area shall be distinctly
separated from the non-processing area.
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(2)
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The
processing area in the special economic zone
shall be fully secured by a fencing with
specified entry and exit points, subject to
the satisfaction of the Commissioner of Customs.
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(3)
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The
authorized persons shall only be allowed to
enter the processing area of a special economic
zone.
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4.
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Transaction
between special economic zone and domestic tariff
area.- Subject to provision of sections
76 B and 76 F of the Act,-
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(a)
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any
goods brought to domestic tariff area from a
special economic zone by a special economic
zone unit or developer shall be treated as imported
goods; and
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(b)
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any
goods admitted into special economic zone from
domestic tariff area shall be treated as exported
goods.
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5.
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Admission
of goods.- (1) Subject to the provision
of clause (a) of section 76 F of the Act and
the rules made in pursuance thereof, any
goods required for carrying out any authorised
operation shall be allowed to be admitted
in the special economic zone without payment
of duty;
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(2)
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Notwithstanding
any thing in sub-rule (1), goods including motor
vehicle for personal use of, or consumption
by, officials, workers, staff or owners of the
special economic zone unit or developer shall
not be admitted into the special economic zone
without payment of duty;
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(3)
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The
Assistant Commissioner or Deputy Commissioner
of Customs, as the case may be, may, for
reasons to be recorded in writing like frequent
entry and exit of goods from the zone, also
permit goods, which are not required for carrying
out authorised operations, to be admitted into
the zone and exit out of the zone without payment
of customs duty.
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(4)
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Hazardous
goods may be admitted into specially designated
areas or installations, of special economic
zone subject to such safeguards as may be specified
by the Deputy Commissioner of Customs or
Assistant Commissioner of Customs, as the case
may be.
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(5)
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All
documents for admission of goods in an special
economic zone by the special economic zone unit
or developer shall be filed before the Assistant
Commissioner of Customs or Deputy Commissioner
of Customs, as the case may be, of the zone.
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(6)
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The
developer shall have a clear demarcated area
in the special economic zone, where goods imported
or procured from domestic tariff area by the
developer for carrying out authorised operations
shall be kept for inspection by customs officers,
before such goods are brought into use.
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6.
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Movement
of goods out of special economic zone.- All
documentation for exit of the goods from the
special economic zone may be filed by the domestic
tariff area buyer or on behalf of domestic tariff
area buyer by the special economic zone unit
or developer, as the case may be, before the
Assistant Commissioner of Customs or Deputy
Commissioner of Customs of the zone, as the
case may be.
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7.
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Authorized
operations. (1) There shall be allowed-
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(a)
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to
carry out in a special economic zone unit located
in the processing area of a special economic
zone; and
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(b)
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to
a developer to carry out,
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only
such authorised operations as are allowed under
these rules for such purpose.
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(2)
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There
shall not be allowed to operate from the same
premises two or more special economic zone units.
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8.
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Utilisation
of goods.- (1) Goods admitted
duty free into a special economic zone shall
be used in a special economic zone unit or by
the developer for carrying out authorised operations
only.
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(2)
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In
case of utilization of goods admitted duty free
in the special economic zone, for purposes other
than authorised operations, or in case of failure
in respect of special economic zone unit or
by the developer to duly account for the goods,
such goods shall be chargeable to duty as if
the goods have been removed for home consumption.
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9.
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Abatement
of duties of customs in special cases.-
(1) In case of removal of capital goods,
after using the same in the special economic
zone, from a special economic zone to the domestic
tariff area,-
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(1)
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(a)
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the
duty shall be levied on such goods on the depreciated
value thereof at the rate in force on
the date of filing of the bill of entry;
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(b)
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the
depreciation in value shall be allowed
for the period from the date of commencement
of commercial production of the special economic
zone unit, or where such capital goods have
been received in the special economic zone unit
after such commencement of commercial production,
from the date such goods have come into use
for commercial production, to the date of presentation
of bill of entry for home consumption;
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(c)
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tthe depreciation shall be allowed in straight
line method as specified below, namely:-
(i)
for computer and computer peripherals:
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for
every quarter in the first year
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@10%
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for
every quarter in the second year
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@8%
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for
every quarter in the third year
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@5%
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for
every quarter in the fourth and fifth
year
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@1%
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(ii)for
capital goods other then computer and computer
peripherals:
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for
every quarter in the first year
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@4%
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for
every quarter in the second year
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@3%
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for
every quarter in the third year
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@3%
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for
every quarter in the fourth and fifth
year
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@2.5%
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and
thereafter for every quarter
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@2%
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Explanation.-
For the purpose of computing rate of depreciation
for any part of a quarter the full such quarter
shall be taken into account; and”;
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(d)
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there
shall be no upper limit for such depreciation
and depreciation upto hundred per cent. could
be allowed.
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(2)
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In
case of removal of used packing materials, such
as cardboard boxes, polyethylene bags of a kind
unsuitable for repeated use, from a special
economic zone unit to the domestic tariff area,
the same shall be allowed clearance out of the
special economic zone without payment of duty.
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(3)
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In
case of goods removed from a special economic
zone unit on payment of duty to the domestic
tariff area and brought back to the same unit
for purpose of repair within a period of six
month from the date of clearance, or such extended
period as the Assistant Commissioner of Customs
or Deputy Commissioner of Customs, as the case
may be, may allow, the same shall be allowed
to be removed from special economic zone unit
after such repair, on payment of duty
on the value of repairs, subject to the condition
that identity of the goods is established to
the satisfaction of Assistant Commissioner of
Customs or Deputy Commissioner of Customs, as
the case may be.
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10.
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Temporary
removal of goods to the domestic tariff area
without payment of duty. - The
following goods may be allowed to be removed
temporarily from a special economic zone to
the domestic tariff area without payment of
duty subject to the regulation made in this
behalf, namely:-
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(i)
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capital
goods and parts thereof for repairs and return
thereof,
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(ii)
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goods
for display, export promotion, exhibition and
return thereof,
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(iii)
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goods
for jobwork, test, repair, refining and calibration
and return thereof, and
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(iv)
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laptop
or notebook computers or video projection systems
for use by an authorized employee of a special
economic zone unit or developer.
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11.
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Removal
of goods from a special economic zone
unit to an export oriented undertaking or software
technology park unit or electronic hardware
technology park unit or to other special economic
unit in the same or other special economic zone.-
(1)
With the prior permission of the Assistant Commissioner
of Customs or Deputy Commissioner of Customs,
as the case may be, goods may be
allowed to be removed from a special economic
zone unit to an export oriented undertaking
or software technology park unit or electronic
hardware technology park unit or to another
special economic zone unit in the same special
economic zone or in other special economic zone
without payment of duty for the purpose of carrying
out authorised operations within the receiving
export oriented undertaking or software technology
park unit or electronic hardware technology
park unit or special economic zone unit, as
the case may be:
Provided
that in case the goods admitted
into special economic zone unit from any
domestic tariff area, on which benefit under
duty exemption pass book scheme or duty draw
back has been availed, are removed as such or
after subjecting them to a process not amounting
to manufacture, to an export oriented undertaking
or software technology park unit or electronic
hardware technology park unit directly by the
special economic zone unit or through any unit
in the same special economic zone or another
special economic zone, the duty equal
to benefit availed under duty exemption
pass book scheme or duty drawback shall
be liable to be paid.
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(2)
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In case of clearance of goods by
a special economic zone unit to another special
economic zone unit within the same special economic
zone, no prior permission of Assistant Commissioner
of Customs or Deputy Commissioner of Customs
shall be required, but both supplying and receiving
special economic zone units shall be required
to maintain records for such transaction.”
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12.
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Destruction
of goods imported or procured from domestic
tariff area including capital goods or goods
manufactured or produced by a special economic
zone unit.- (1) After obtaining
the permission of the Assistant Commissioner
of Customs or Deputy Commissioner of Customs,
as the case may be, a person entitled
to discharge such function of a special economic
zone unit, may destroy the goods ( including
capital goods) procured from domestic tariff
area by such unit or imported from outside India
or goods manufactured or produced by such unit
including rejects, waste, scrap or remnants,
in the presence of proper officer without payment
of duty within the special economic zone, and
such destruction shall be carried out
outside such zone only where it is not possible
to destroy within such zone, subject to
the condition that -
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(i)
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in
case of destruction of goods procured from domestic
tariff area, the special economic zone unit
shall be required to pay back the export benefits
taken by the domestic tariff area supplying
unit or taken by the special economic zone unit
on the basis of disclaimer from domestic tariff
area unit:
Provided
that where such goods have been procured by
the special economic zone unit against
payment of foreign exchange, the special economic
zone unit shall not be liable to pay back
the export benefits, taken by the domestic tariff
unit from which such goods have been procured
or, taken by the special economic zone unit
on the basis of disclaimer from such domestic
tariff area unit, in case of destruction of
such goods; and
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(ii)
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in
case of gems and jewellery item, no such destruction
shall be allowed in respect of precious
and semi-precious stones and precious metals
to the special economic zone unit;
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Explanation.-
For the purposes of this rule, export benefit
includes drawback, duty entitlement passbook
scheme, rebate, advance license, or counting
of proceeds as export earnings or counting proceeds
as fulfillment of export obligation under any
scheme.
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13.
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Maintenance
of accounts.- (1) There shall
be maintained in every special economic zone
unit accounts, financial year-wise, in the form
convenient to them, at least under the
following heads, namely:-
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(i)
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inflow
of all foreign exchange by way of exports and
other receipts;
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(ii)
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outflow
of all foreign exchange on account of imports
and on account of dividend, royalty, fees, foreign
visits and other payments;
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(iii)
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value
and quantity of all goods admitted free of duty
or received under claim of duty drawback or
duty entitlement passbook scheme credit;
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(v)
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value
and quantity of goods produced, manufactured,
processed, packaged, and cleared and services
rendered, including waste, scrap and remnants
arising out of such production, manufacture,
processing or packaging, in the domestic
tariff area;
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(vi)
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value
and quantity of goods utilised in production;
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(vii)
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receipt
of all duty paid goods;
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(viii)
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receipt
of goods from the domestic tariff area on payment
of central excise duty by the domestic tariff
area unit;
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(ix)
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value
and quantity of clearances to other export oriented
undertakings, software technology park units,
electronic hardware technology park units or
special economic zone units and receipt from
such units; and
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(x)
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value
and quantity of goods cleared for export and
services rendered abroad.
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(2)
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There
shall be maintained in every special economic
zone unit engaged in both trading and manufacturing
activities, the records of accounts specified
under sub-rule(1) separately for trading and
manufacturing operations.
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Explanation.-
For the purposes of calculation of inflow or
outflow of foreign exchange, the payments received
by the transferring special economic zone unit
or export oriented undertaking or any other
unit in software technology park or electronic
hardware technology park, as the case may be,
in respect of inter-unit transfer of goods,
even though in rupees, shall be considered as
inflow of foreign exchange and similarly, in
the case of the recipient unit, such payments
shall be considered as outflow of foreign exchange.
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14.
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Submission
of returns.- Every special economic zone
unit shall endorse, a copy of the
quarterly and annual return which it
furnishes to the Development Commissioner, to
the Assistant Commissioner of Customs or Deputy
Commissioner of Customs, as the case may be,
in a format as specified for such purpose in
Appendix 14IF of the Handbook of Procedures(
Vol I), notified by the Director General of
Foreign Trade, Government of India in the Ministry
of Commerce and Industry under Public Notice
No.1 ( RE-2003)/2002-07, dated the 31st
march, 2003.
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15.
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Recovery
of duty on failure to achieve stipulated foreign
exchange earning.-
(1)
In case of failure to achieve the net foreign
exchange earning as stipulated in the Export
and Import Policy for the time being in force,
there shall be liable to, in respect of the
special economic zone unit, pay duty alongwith
interest at the rate as specified in the notification
of the Government of India in the Ministry of
Finance (Department of Revenue,) issued under
section 28AB of the said Act in this regard
and for the time being in force, from the date
of duty free import or procurement from domestic
tariff area of the said goods till the date
of payment of such duty.
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(2).
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The
duty payable, as referred to in sub-rule (1),
shall be equal in amount to the duty leviable
on such goods but for the exemption contained
in section 76E of the Act and the duty so payable
shall bear the same proportion as the unachieved
portion of the stipulated net foreign exchange
earning bears to the stipulated net foreign
exchange earning to be achieved.
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16.
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Duration
of stay.- Goods admitted to
a special economic zone shall be utilized in
accordance with rule 7 or exported or disposed
of in term of the provisions of these rules,
within a period of five years from the date
of admission of such goods, or such extended
period as may be allowed by the Commissioner
of Customs, for reasons to be recorded in writing,
as the case may be, failing such disposal, it
shall be liable in respect of special economic
zone unit or on developer to pay duty along
with interest at the rate as specified in the
notification of the Government of India in the
Ministry of Finance (Department of Revenue,)
issued under section 28AB of the Act on the
such duty, from the date of duty free import
or procurement from domestic tariff area of
the said goods till the date of payment of such
duty as if such goods have been removed in domestic
tariff area by special economic zone unit on
the date of expiry of the said five year period.
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17.
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Transfer
of ownership.-
(1)
Goods admitted into or manufactured or produced
in a special economic zone unit may be transferred
without payment of duty to any other special
economic zone unit in the same special economic
zone for the purpose of carrying out authorised
operations by the recipient special economic
zone unit subject to the condition that both
the supplying and receiving special economic
zone units maintain proper account of such goods.
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(2)
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Capital
goods admitted into, or goods manufactured or
produced, in a special economic zone unit may
be transferred without payment of duty to special
economic zone units in other special economic
zone for the purpose of carrying out authorised
operations by the recipient special economic
zone unit subject to the condition that both
the supplying and receiving special economic
zone units maintain proper account of such goods.
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18.
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Security.-
A person competent under the law for the time
being in force to do so in respect of a special
economic zone unit or a developer shall execute
a bond alongwith surety or security to the satisfaction
of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs,
as the case may be in the form
annexed with these rules for the purpose of
safeguarding the duty and such bond shall be
in respect of the one or more of the following
activities relating to the special economic
zone, namely:-
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(i)
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movement
of goods between port of import or export and
the special economic zone;
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(ii)
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admission,
manufacturing and other permitted activities
in the special economic zone unit;
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(iii)
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temporary
removal of admitted goods or goods produced
or manufactured in the special economic zone
unit for the purposes of repairs or testing
or calibration or display or processing or any
other similar temporary removals into domestic
tariff area without payment of duty;
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(iv)
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re-import
of exported goods.
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19.
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Monitoring.-
“The
performance of a special economic
zone unit and a developer of the concerned
special economic zone shall be monitored
by the Unit Approval Committee in which the
Commissioner of Customs having jurisdiction
over concerned special economic zone or his
nominee shall be a member.
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20.
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Closure
of special economic zone. - In the event
of closure of a special economic zone,-
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(a)
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goods
admitted into a special economic zone unit duty
free within such special economic zone and lying
unutilised as well as goods produced or manufactured
in such special economic zone unit, shall be
“either
exported or shall be transferred to another
special economic zone unit in other special
economic zone or to export oriented
undertaking or unit in electronic hardware
technology park or software technology park
with out payment of duty or”
duty shall be paid as if the goods have been
removed for home consumption under clause (b)
of section 76 F of the Act, within a period
of three months from such closure:
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Provided
that in case of used capital goods, abatement
of duties of customs shall be available in accordance
with the provisions of sub-rule (1) of rule
9.
Provided
further that in case the goods admitted
into special economic zone unit from domestic
tariff area, on which benefit under duty exemption
pass book scheme or duty draw back has been
availed, are removed as such or after subjecting
them to a process not amounting to manufacture,
to an export oriented undertaking or software
technology park unit or electronic hardware
technology park unit directly by the special
economic zone unit or through any unit in the
same special economic zone or another
special economic zone, the duty equal
to benefit availed under duty exemption
pass book scheme or duty drawback shall
be liable to be paid.
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(b)
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any
goods imported or procured from domestic tariff
area by the developer of the special economic
zone for development of zone and all such goods
allowed admission to the special economic zone
for maintenance, operation of the special economic
zone and for providing public utility services
in the special economic zone, shall be either
exported or removed for home consumption on
payment of applicable duties within a period
of six months from such closure:
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Provided
that in case of used machinery, abatement of
duties of customs shall be available in accordance
with the provisions of sub-rule (1) of rule
9.
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D. S. Garbyal
Under Secretary of the Government of India
Form-I
General
Bond (with Surety/ Security) to be executed by a Special
Economic Zone Unit.
WE………………having our
registered office at ……… hereinafter
referred to as the Obligors and…………called
the surety (ies)(which expression shall, unless repugnant
to the context or meaning thereof, include our heirs,
successors, executors, administrators, liquidators,
legal representatives and assignees) hereby hold and
firmly bind ourselves jointly and severally unto the
President of India, hereinafter referred to as ‘the
Government’ in the sum of Rs…__________Rupees______________only)
for which payment to be well and truly made, we, the
obligors, bind ourselves by these presents.
WHEREAS we the obligors have been granted by the Government
a letter of permission for setting up a unit in special
economic zone for purposes of carrying out authorised
operation specified in the letter of permission and
for export of goods and services out of India on the
terms and conditions stipulated in the letter of permission
number _________dated_______and we the obligors have
duly accepted the said terms and conditions.
AND WHEREAS the Assistant Commissioner of Customs or
Deputy Commissioner of Customs of _______special economic
zone has authorised the premises at ………………as
special economic zone unit wherein the dutiable goods,
imported or sourced indigenously or sourced from other
export oriented undertaking, software technology park
units or electronic hardware technology park unit or
special economic zone unit in the same zone or other
special economic zone by us from time to time
for manufacture of goods or services as aforesaid could
be deposited for a period of 5 years without payment
of duty.
AND WHEREAS the said Assistant Commissioner of Customs
or Deputy Commissioner of Customs has permitted the
obligor to clear duty free imported goods from ports
or airports or inland container depots or specified
land custom stations or customs warehouses or international
exhibition held in India, as the case may be, for admission
into the special economic zone.
AND WHEREAS the Assistant Commissioner of Customs or
Deputy Commissioner of Customs has permitted the obligors
to remove the said goods or goods manufactured or produced
from the said unit without payment of duty and despatch
the same by air, sea, rail or road, courier or post
for export to foreign countries without payment of duty
and when required bonafide to do so, or to other export
oriented undertaking or to electronic hardware technology
park unit or to software technology park unit or to
other special economic zone unit subject to the prescribed
conditions set out for the due arrival of the said goods
at the said export oriented undertaking, or a
the electronic hardware technology park unit or at the
software technology park unit or at the special economic
zone unit.
AND WHEREAS the Assistant Commissioner of Customs or
Deputy Commissioner of Customs has permitted the obligor
to remove the goods imported or sourced domestically
or goods partially manufactured or processed therefrom
to any other place in India without payment of duty
subject to such conditions and limitations as may be
specified by him, for the purpose of test, repairs,
calibration, re-engineering, re-conditioning or display
and to be returned to the unit thereafter.
AND
WHEREAS the Assistant Commissioner of Customs or Deputy
Commissioner of Customs has permitted provisional assessment
of goods brought into the special economic zone or manufactured
by the above Obligors from time to time which could
not be finalised for want of full information as regard
to value description or quality or the proof thereof
or for the non-completion of the chemical or other tests
in respect thereof or otherwise at the request of the
obligor.
AND
WHEREAS the Assistant Commissioner of Customs or Deputy
Commissioner of Customs or such other delegated authority,
as the case may be, has required the obligor to deposit
as security for the amount of this bond, the sum of
Rs……………………(Rupees…………………………………only)
endorsed in favour of the President of India and accepted
for and on behalf of the President of India by the Commissioner,
Deputy Commissioner, Assistant Commissioner, Superintendent
of Customs, namely,_________and whereas the obligor
has furnished such guarantee by depositing the cash
or securities as aforesaid.
NOW
THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT:
1.
We, the obligors, shall observe all the provisions of
the Customs Act, 1962 and the rules and regulations
made thereunder in respect of the said goods.
2.
We, the obligors, shall pay on or before a date specified
in a notice of demand all duties, rent and charges claimable
on account of the said goods under the Customs Act,
1962 and rules or regulations made thereunder together
with interest on the same from the date so specified
at the rate applicable.
3.
We, the obligors, shall discharge all duties and penalties
imposed for violation of the provisions of the Customs
Act, 1962, rules and regulations in respect of the said
goods not removed within five years from the date of
the order permitting the deposit of the said goods at
the said unit, and also pay interest at a rate applicable
from the expiry of the above said period till the date
of the clearance of the goods.
4.
We, the obligors, shall
furnish to the Assistant Commissioner of Customs or
Deputy Commissioner of Customs as the case may be, at
port or air-port or inland container depot or land customs
station or a warehouse evidence to his satisfaction
with a period of three months from the date of despatch
from any warehouse or unit that the said goods have
duly arrived at the unit in the special economic zone.
5.
We, the obligors, shall be wholly and solely responsible
for ensuring that there shall be no pilferage during
transit of the said goods when dispatched from the place
of Import, the factory of manufacture or from the warehouse
to the unit in the special economic zone and vice versa
and we, the obligors, shall pay the duty on pilfered
goods, if any.
6.
We, the obligors, shall maintain detailed accounts of
all goods used in the manufacturing processes and operations
in proper from including of those remaining in stock
and those sent outside the special economic zone in
the domestic tariff area under our obligation, and shall
produce such accounts for inspection of the proper officer
or Assistant Commissioner of Customs or Deputy Commissioner
of Customs or such other delegated authority as the
case may be, when directed by him.
7.
We, the obligor, shall achieve positive net foreign
exchange earning and fulfill other conditions stipulated
in the Customs Act, Rules and Regulations, and Export
and Import Policy as amended from time to time; and
in case of failure to achieve the positive net foreign
exchange earning as stipulated in the Export and Import
Policy in force for the time being, pay duty alongwith
interest as provided in the Customs Act, 1962 and rules
or regulations made thereunder as the case may be.
8.
We, the obligors, shall if the goods including manufactured
or produced goods, are allowed to be sold in India subject
to such other limitations and conditions as may be specified
in this behalf in the Export and Import Policy and in
the ITC (HS) classifications of Export and Import Items,
2002-2007 as amended from time to time, issued by the
Ministry of Commerce and Industry in the Department
of Commerce by publishing a notification in the official
Gazette of India, pay duties as per provisions of chapter
X A of the Customs Act, Rules and Regulation as the
case may be.
9.
We, the obligors, shall comply with the conditions
and limitations stipulated, in the Export and
Import Policy as amended from time to time or by
the Assistant Commissioner of Customs or Deputy Commissioner
of Custom permitting the goods admitted in the unit
in the special economic zone or the articles manufactured
or package therefrom to be taken outside the special
economic zone unit into domestic tariff area temporarily,
without payment of duty, for the purposes of testing
repairs reconditioning, processing or display etc.
10.
We, the obligors, shall not change the name and style
under which we, the obligors, are doing business or
change the location of the manufacturing premises except
with the written permission of the Assistant Commissioner
of Customs or Deputy Commissioner of Customs at____
special economic zone.
If
each and every one of the above conditions is duly complied
with by us, the obligors, the above written bond shall
be void and of no effect, otherwise the same shall remain
in full force and effect and virtue.
It
is hereby declared by us, the obligors and the Government
as follows –
1.
The above written bond is given for the performance
of an act in which the public are interested.
2.
The Government through the Commissioner of Customs or
any other officer of Customs recover the sums due from
the obligors in the manner laid down in sub-section
(1) of section 142 of the Customs Act, 1962.
Provided always
that the liability of the surety hereunder shall not
be impaired or discharged by reason of any time being
granted or any forbearance, act or omission of the Government
(whether with or without the knowledge or the consent
of the surety) in respect of or in relation to the obligation
and condition to be performed or discharged by the obligor(s)
nor shall it be necessary to sue the obligor(s) before
suing the surety for amounts hereunder.
AND the President of India shall, at his option, be
competent to make good all the loss and damages from
the amount of the security deposit or by endorsing his
rights under the above written bond or both;
I/WE further declare that this bond is given under the
orders of the Central Government in the performance
of an act in which the public are interested;
In these
presents the words imposing singular only shall also
include the plural and vice versa where the context
so requires;
IN WITNESS WHEREOF these presents have been signed this
day…………………of……………20__
hereinbefore written by the obligor(s) and the surety
(ies).
Place
Date
Signature of the Obligor
Name
and Residential address
Witness
(1) Address (1)
Occupation (1)
(2)
Address (2)
Occupation (2)
Signature
of the Surety
Name
and Residential address
Witness
(1)
Address (1)
Occupation (1)
(2)
Address (2) Occupation
(2)
Accepted
for and on behalf of the President of India on _____
day of ____ 20_______.
Signature
and date
Name_______
Designation______
ACCEPTED
for and on behalf of the President of India on ……..day
of …………………..19……….
Form-II
General
Bond (With Surety/Security) to be executed by Developer
of the Special Economic Zone.
WE………………having our
registered office at ……… hereinafter
referred to as the Obligors and…………called
the surety (ies) (which expression shall, unless repugnant
to the context or meaning thereof, include our heirs,
successors, executors, administrators, liquidators,
legal representatives and assignees) hereby hold and
firmly bind ourselves jointly and severally unto the
President of India, hereinafter referred to as ‘the
Government’ in the sum of Rs…__________Rupees______________only)
for which payment to be well and truly made, we, the
obligors, bind ourselves by these presents.
WHEREAS we the obligors have been granted by the Government
a letter of permission to develop, operate or maintain
_______special economic zone on the terms and conditions
stipulated in the letter of permission number _________dated_______and
we the obligors have duly accepted the said terms and
conditions.
AND WHEREAS the Assistant Commissioner of Customs or
Deputy Commissioner of Customs of _______special economic
zone has licensed the premises at ………………as
warehouse under section 58 of the Customs Act, 1962,
wherein the dutiable goods, imported or sourced indigenously
or sourced from other export oriented undertaking, software
technology park units or electronic hardware technology
park unit or special economic zone unit in the same
zone or other special economic zone by us from
time to time for the purposes of carrying our authorised
operations in terms of Letter of Permission, could be
deposited for a period of six months or such extended
period as may be extended by the Assistant Commissioner
of Customs or Deputy Commissioner of Customs,
without payment of duty.
AND WHEREAS the said Assistant Commissioner of Customs
or Deputy Commissioner of Customs has permitted the
obligor to clear duty free imported goods from ports
or airports or inland container depots or specified
land custom stations or customs warehouses or international
exhibition held in India,
as the case may be, for admission into the special economic
zone.
AND WHEREAS the Assistant Commissioner of Customs or
Deputy Commissioner of Customs has permitted the obligor
to remove the goods imported or sourced domestically
to the any other place in India without payment of duty
subject to such conditions and limitations as may be
specified by him for the purpose of test, repairs, calibration,
re-engineering, re-conditioning and to be returned to
the special economic zone thereafter.
AND
WHEREAS the Assistant Commissioner of Customs or Deputy
Commissioner of Customs has permitted provisional assessment
of goods brought into the special economic zone or manufactured
by the above Obligors from time to time which could
not be finalised for want of full information as regard
to value description or quality or the proof thereof
or for the non-completion of the chemical or other tests
in respect thereof or otherwise as per request of the
obligor.
AND
WHEREAS the Assistant Commissioner of Customs or Deputy
Commissioner of Customs or such other delegated authority
as the case may be has required the obligor to deposit
as security for the amount of this bond, the sum of
Rs……………………(Rupees…………………………………only)
endorsed in favour of the President of India and accepted
for and on behalf of the President of India by the Commissioner,
Deputy Commissioner, Assistant Commissioner, Superintendent
of Customs, namely_________and whereas the obligor has
furnished such guarantee by depositing the cash or securities
as aforesaid.
NOW
THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT:
1.
We, the obligors, shall observe all the provisions of
the Customs Act, 1962 and the rules and regulations
made thereunder in respect of the said goods.
2.
We, the obligors, shall pay on or before a date specified
in a notice of demand all duties, rent and charges claimable
on account of the said goods under the Customs Act,
1962 and rules or regulations made thereunder
together with interest on the same from the date so
specified at the rate applicable.
3.
We, the obligors, shall discharge all duties and
penalties imposed for violation of the provisions of
the Customs Act, 1962, rules and regulations in respect
of the said goods not removed within five years from
the date of the order permitting the deposit of the
said goods at the said unit, and also pay interest at
a rate applicable from the expiry of the above said
period till the date of the clearance of the goods.
4.
We, the obligors, shall furnish to the Assistant Commissioner
of Customs or Deputy Commissioner of Customs as the
case may be, at port or airport or inland container
depot or land customs station or a warehouse evidence
to his satisfaction with a period of forty five days
from the date of despatch from any warehouse or unit
that the said goods have duly arrived at the unit in
the special economic zone.
5.
We, the obligors, shall be wholly and solely responsible
for ensuring that there shall be no pilferage during
transit of the said goods when dispatched from the place
of import, the factory of manufacture or from the warehouse
to the special economic zone and vice versa and we,
the obligors, shall pay the duty on pilfered goods,
if any.
6.
We, the obligors, shall maintain detailed accounts of
all goods imported, procured from domestic tariff area,
consumed and utilised in proper from including of those
remaining in stock and those sent temporarily outside
the special economic zone in the domestic tariff area
under our obligation, and shall produce such accounts
for inspection of the proper officer or Assistant Commissioner
of Customs or Deputy Commissioner of Customs or such
other delegated authority as the case may be, when directed
by him.
7.
We, the obligor, shall fulfill other conditions stipulated
in the Customs Act, Rules and Regulations, and Export
and Import Policy as amended from time to time.
8.
We, the obligors, shall comply with the conditions and
limitations stipulated, in the Export and Import Policy
as amended from time to time or by the Assistant Commissioner
of Customs or Deputy Commissioner of Custom permitting
the goods admitted in the unit in the special economic
zone or the articles manufactured or package therefrom
to be taken outside the special economic zone unit into
domestic tariff area temporarily, without payment of
duty, for the purposes of testing, repairs, reconditioning,
processing or display etc.
9.
We, the obligors, shall not change the name and style
under which we, the obligors, are doing business or
change the location of the manufacturing premises except
with the written permission of the Assistant Commissioner
of Customs or Deputy Commissioner of Customs at____
special economic zone.
If
each and every one of the above conditions is duly complied
with by us, the obligors, the above written bond shall
be void and of no effect, otherwise the same shall remain
in full force and effect and virtue.
It
is hereby declared by us, the obligors, and the
Government as follows –
1.
the above written bond is given for the performance
of an act in which the public are interested.
2.
the Government through the Commissioner of Customs or
any other officer of Customs recover the sums due from
the obligors in the manner laid down in sub-section
(1) of section 142 of the Customs Act, 1962.
Provided always that the liability of the surety hereunder
shall not be impaired or discharged by reason of any
time being granted or any forbearance, act or omission
of the Government (whether with or without the knowledge
or the consent of the surety) in respect of or in relation,
to the obligation and condition to be performed or discharged
by the obligor(s) nor shall it be necessary to sue the
obligor(s) before suing the surety for amounts hereunder.
AND the President of India shall, at his option, be
competent to make good all the loss and damages from
the amount of the security deposit or by endorsing his
rights under the above written bond or both;
I/WE further declare that this bond is given under the
orders of the Central Government in the performance
of an act in which the public are interested;
In these presents the words imposing singular only shall
also include the plural and vice versa where the context
so requires;
IN WITNESS WHEREOF these presents have been signed this
day…………………of……………20__
hereinbefore written by the obligor(s) and the surety
(ies).
Place
Date
Signature
of the Obligor
Name
and Residential address
Witness
(1) Address (1)
Occupation (1)
(2) Address (2)
Occupation (2)
Signature
of the Surety
Name
and Residential address
Witness
(1)
Address (1)
Occupation (1)
(2)
Address (2) Occupation
(2)
Accepted
for and on behalf of the President of India on _____
day of ____ 20_______.
Signature
and date
Name_______
Designation______
ACCEPTED
for and on behalf of the President of India on ……..day
of …………………..20……….
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