|
Project Imports Regulations, 1986
[Notification No. 230/86-Cus dated 03.04.1986,
amended by Notification No. 17/1992 - Cus., dated
07/01/1992, 142/1992 - Cus., dated 10-03-1992, 153/1995 -
Customs, dated 27-10-1995, 54/1997 - Cus., dated 05-06-1997,
92/2002 - Cus., dated 06-09-2002, 37/2003 - Cus., dated
01/03/2003, 16/2004 - Cus., dated 08/01/2004, 17/2006 - Cus.,
dated 01/03/2006, 30/2007 - Cus., dated 01/03/2007, 15 /2010 -
Cus., dated 27/02/2010, 18 /2012 - Cus., dated 17/03/2012] ,
25/2014-Cus., dated 11th July. 2014 ]
1. Short title and commencements.-
(1) These regulations may be called the Project Imports
Regulations, 1986. (2) They shall come into force
on the 3rd day of April, 1986.
2. Application.-These regulations shall apply
for assessment and clearance of the goods falling under heading
No. 98.01 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975).
3. Definitions. -
For the purposes of these regulations,
(a) "industrial plant" means an industrial system
designed to be employed directly in the performance of any
process or series of processes necessary for manufacture,
production or extraction of a commodity, but does not include
-
(i) establishments designed to offer services of any
description such as hotels, hospitals, photographic studios,
photographic film processing laboratories, photocopying studios,
laundries, garages and workshops; or
(ii) a single machine or a composite machine, within the meaning
assigned to it, in Notes 3 and 4 to Section XVI of the said First
Schedule;
Explanation :- For the purposes of sub-clause
(i) the expression "establishments designed to offer
services of any description" shall not include video
recording or editing units, cinematographic studios,
cinematographic film processing laboratories, and sound
recording, processing, mixing or editing studios;
(b) "Sponsoring authority" means an authority
specified in the Table annexed to these regulation;
(c) "substantial expansion" means an expansion
which will increase the existing installed capacity by not less
than 25 per cent;
(d) "unit" means any self-contained portion of an
industrial plant or any self-contained portion of a project
specified under the said heading No. 98.01 and having an
independent function in the execution of the said project.
4. Eligibility.- The assessment under the
said heading No. 98.01 shall be available only to those goods
which are imported (whether in one or more than one consignment)
against one or more specific contracts, which have been
registered with the appropriate Custom House in the manner
specified in regulation 5 and such contracts or contracts has or
have been so registered,
i.
before any order is made by the proper officer of customs
permitting the clearance of the goods for home consumption;
ii.
in the case of goods cleared for home consumption without
payment of duty subject to re-export in respect of fairs,
exhibitions, demonstrations, seminars, congresses and
conferences, duly sponsored or approved by the Government of
India or Trade Fair Authority of India, as the case may be,
before the - Customs payment of duty.
5. Registration of Contracts.-
1)
Every importer claiming assessment of the goods falling under the
said heading No. 98.01, on or before their importation shall
apply in writing to the proper officer at the port where the
goods are to be imported or where the duty is to be paid for
registration of the contract or contracts, as the case may be :
Provided that in the case of consignments sought
to be cleared through a Custom House other than the Custom House
at which the contract is registered, the importer shall produce
from the Customs House of registration such information as the
proper officer may require.
2)
The importer shall apply, as soon as may be, after he has
obtained the Import trade control licence wherever required for
the import of articles covered by the contract and in case of
imports covered by the Open General Licence or imports made by
Central Government, any State Government, statutory corporation,
public body or Government undertaking run as a joint stock
company (hereinafter referred to as "Government
Agency") as soon as clearance from the concerned
Administrative Ministry or Department, as the case may be, has
been obtained.
3)
The application shall specify -
(a) the location of the plant or project;
(b) the description of the articles to be manufactured,
produced, mined or explored;
(c) the installed or designed capacity of the plant or
project and in the case of substantial expansion of an existing
plant or project the installed capacity and the proposed addition
thereto;
(d) such other particulars as may be considered necessary
by the proper officer for purposes of assessment under the said
heading.
4)
The application shall be accompanied by the original deed of
contract together with a true copy thereof, the import trade
control licence, wherever required, and an approved list of items
from the Directorate General of Technical Development or the
concerned sponsoring authority.
5)
The importer shall also furnish such other documents or other
particulars as may be required by the proper officer in
connection with the registration of contract.
6)
The proper officer shall, on being satisfied that the application
in the order register the contract by entering the particulars
thereof in a book kept for the purpose, assign a number in token
of the registration and communicate that number of the importer
and shall also return to the importer all the original documents
which are no longer required by him.
6. Amendment of contract.-
(1) If any contract referred to in regulation 5 is
amended, whether before or after registration, the importer shall
make an application for registration of the amendments to the
said contract to the proper officer.
(2) The application shall be accompanied by the original
deed of contract relating to the amendments together with a true
copy thereof and the documents, if any, permitting consequential
amendments to the import trade control licence, wherever
required, for the import of articles covered by the contract and
in the case of imports covered by Open General Licence, as soon
as clearance from the concerned sponsoring authority, as the case
may be, has been obtained alongwith a list of articles referred
to in clause (4) of regulation 5 duly attested.
(3) On being satisfied that the application is in order,
the proper office shall make a note of the amendments in the
register.
7. Finalisation of contract.-
The importer shall within three months from the - Customs
clearance for home consumption of the last consignment of the
goods or within such extended period as the proper officer may
allow, submit a statement indicating the details of the goods
imported together with necessary documents as proof regarding the
value and quantity of the goods so imported in terms of this
Regulation and any other document that may be required by the
proper officer for finalisation of the contract.
Sr. No.
|
Name of the Plant or Project
|
Sponsoring Authority
|
1.
|
All plants and projects under SSI Units
|
Director of Industries of the Concerned State
|
2.
|
All Power Plants and Transmission projects under :-
|
|
|
(a) National Thermal Power Corporation Ltd.
|
National Thermal Power Corporation Ltd., NTPC
Bhawan, SCOPE Complex, 7, Lodi Road, Institutional Area, New
Delhi -110 003
|
|
(b) Tehri Hydro Development Corporation Ltd.
|
Tehri Hydro Development Corporation Limited Bhagirathi
Bhawan (Top Terrace), Bhagirathipuram, Tehri Tehri (Garhwal)
249 001(UP).
|
|
(c) Nathpa Jhakri Power Corporation Ltd.
|
Nathpa Jhakri Power Corporation Limited Himfed Building
Khalini, Shimla (HP).
|
|
d) North Eastern Electric Power Corporation Ltd.
|
North Eastern Electric Power Corporation Limited
Brookland Compound Lower New Colony Shillong - 793 001.
|
|
(e) National Hydroelectric Power Corporation Ltd.
|
National Hydroelectric Power Corporation Limited NHPC
Office Complex Sector-33, Faridabad Faridabad (Haryana).
|
|
(f) Bhakra Beas Management Board.
|
Bhakra Beas Management Board Madhya Marg, Sector-19/B
Chandigarh - 160 019.
|
|
(g) Central Power Research Institute.
|
Central Power Research Institute, Prof. C.V. Raman
Road, Raj Mahal Vilas Extn. II, Stage P.O., P.B. No. 9401,
Bangalore - 560 094.
|
|
(h) National Power Training Institute.
|
National Power Training Institute Sector 33, Faridabad
Haryana - 121 003.
|
|
(i) Power Grid Corporation of India Ltd.
|
Power Grid Corporation of India Ltd. Hemkunt Chambers,
6th Floor, 87, Nehru Place, New Delhi - 110 019.
|
3.
|
Power Plants & Transmission Projects other than
those mentioned at Sl. No. 2 above.
|
Secretary to the State Government or Union Territory
concerned dealing with the subject of power or electricity.
|
3A.
|
Drinking Water Supply Projects for supply of water for
human or animal consumption
|
Collector/District Magistrate/Deputy Commissioner of
the District in which the project is located.
|
3B.
|
Aerial Passenger Ropeway Project
|
Joint Secretary to the Government of India in the
Ministry of Tourism or the Secretary to a State Government
dealing with subject of tourism
|
3C.
|
Water Supply Projects
|
Collector/District Magistrate/ Deputy Commissioner of
the District in which the project is located.
|
3D.
|
Pipeline projects for the transportation of crude oil,
petroleum products or natural gas
|
Ministry of Petroleum and Natural Gas.
|
3E.
|
(a) Digital cinema
development projects
(b) Digital head end
project
|
Ministry of Information and Broadcasting.
|
3F
|
Metro Rail or Monorail project for urban public
transport
|
Concerned State Government
|
3G
|
Project for installation of mechanized handling systems
and pallet racking systems in mandis and warehouses for food
grains, sugar and horticulture produce
|
Ministry of Agriculture
|
3H
|
Cold storage, cold room (including farm level
pre-cooling) or industrial projects for preservation, storage
or processing of agricultural, apiary, horticultural, dairy,
poultry, aquatic and marine produce and meat
|
Ministry of Food Processing Industries
|
3-I
|
Green house set up for protected cultivation of
horticulture and floriculture produce
|
Ministry of Agriculture
|
4.
|
Any other Plant and Project.
|
Concerned Administrative Ministry or Department.
|
|