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22nd July , 2003.
Notification No. 52/2003 - Customs (N.T.)
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: -
1. Short title, extent and commencement.-
- (1) These rules may be called the Special Economic Zones
Rules, 2003.
- (2) They shall come into force on the 15th
day of August, 2003.
2. Definitions.-
In these rules, unless the context otherwise requires, -
- (a) "Act" means the Customs Act, 1962 (52 of 1962);
- (b) "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;
- (c) "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 permitted by the Commissioner of Customs and
includes any other person authorised by any such developer for
such purpose;
- (d) " domestic tariff area" means an area within India
but does not include special economic zones;
- (e) " 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);
- (f) "non-processing area" means an area of the special
economic zone, but does not include processing area;
- (g) "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;
- (h) "special economic zone" means a special economic
zone specified by the Central Government under section 76 A of
the Act;
- (i) "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;
- (j) 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.
3. 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.
- (2) 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.
- (3) The authorized persons shall only be allowed to
enter the processing area of a special economic zone.
4. Transaction between special economic zone and domestic
tariff area.-
Subject to provision of sections 76 B and 76 F of the Act,-
- (a) 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
- (b) any goods admitted into special economic zone from
domestic tariff area shall be treated as exported goods.
5. 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;
- (2) 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;
- (3) 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.
- (4) 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
Commissioners of Customs.
- (5) 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.
- (6) 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.
6. 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.
7. Authorized operations.
- (1) There shall be allowed-
- (2) There shall not be allowed to operate from the same
premises two or more special economic zone units.
8. 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.
- (2) 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.
9. 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,-
- (a) the duty shall be levied on such goods on the
depreciated value thereof or on the transaction value,
whichever is higher, at the rate in force on the date of
filing of the bill of entry;
- (b) 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;
- (c) the depreciation shall be allowed at the rate
of twenty per cent. per annum or part there of, of the
original assessable value in respect of computer and computer
peripherals goods and ten per cent. per annum or part thereof,
in case of other capital goods on straight line method; and
- (d) there shall be no upper limit for such
depreciation and depreciation upto hundred per cent. could be
allowed.
- (2) 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.
- (3) 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.
10. 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:-
- (i) capital goods and parts thereof for repairs and
return thereof,
- (ii) goods for display, export promotion, exhibition and
return thereof,
- (iii) goods for jobwork, test, repair, refining and
calibration and return thereof, and
- (iv) laptop or notebook computers or video projection
systems for use by an authorized employee of a special economic
zone unit or developer.
11. Removal of goods manufactured or produced 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.-
- With the prior permission of the Assistant Commissioner
of Customs or Deputy Commissioner of Customs, as the case may
be, capital goods or goods produced or manufactured in a special
economic zone unit 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.
- (2) In case of clearance of capital goods or goods
manufactured or produced 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.
12. 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 -
- (i) 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; and
- (ii) 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;
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.
13. 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:-
- (i) inflow of all foreign exchange by way of exports
and other receipts;
- (ii) outflow of all foreign exchange on account of
imports and on account of dividend, royalty, fees, foreign
visits and other payments;
- (iii) value and quantity of all goods admitted free of
duty or received under claim of duty drawback or duty
entitlement passbook scheme credit;
- (v) 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;
- (vi) value and quantity of goods utilised in
production;
- (vii) receipt of all duty paid goods;
- (viii) receipt of goods from the domestic tariff area
on payment of central excise duty by the domestic tariff area
unit;
- (ix) 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
- (x) value and quantity of goods cleared for export and
services rendered abroad.
- (2) 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.
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.
14. Submission of Returns.-
In respect of every special economic zone unit, there shall
be furnished quarterly returns to the Assistant Commissioner of
Customs or Deputy Commissioner of Customs, the case may be, in a
format as specified by regulation made under the Act in this
behalf.
15. 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.
- (2) 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.
16. 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.
17. 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.
- (2) 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.
18. 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 Commissioner of Customs 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:-
- (i) movement of goods between port of import or export
and the special economic zone;
- (ii) admission, manufacturing and other permitted
activities in the special economic zone unit;
- (iii) 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;
- (iv) re-import of exported goods.
19. Monitoring.-
The performance of special economic zone unit and the
developer shall be monitored by the Commissioner of Customs of
the zone in the interest of safeguarding the duty.
20. Closure of special economic zone. -
In the event of closure of a special economic zone,-
- (a) 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 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:
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.
- (b) 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:
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.
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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