APPENDIX - 21
FORM FOR BANK GUARANTEE
To,
The President of India
Acting through the Director
General of Foreign Trade
In consideration of the President of India, acting through the Director General of Foreign Trade (which expression shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade), or any other licensing authority for the time being authorised to perform the duties of Joint Director General of Foreign Trade/Deputy Director General of Foreign Trade), Ministry of Commerce, Government of India, New Delhi (hereinafter referred to as the Government) having agreed to grant to ___________________(full expanded name of the mporter/Exporter with complete address) (hereinafter referred to as Importer/Exporter) a licence being licence No.__________ dt.____ (hereinafter referred to as Licence for the import of the goods mentioned therein) for a value of Rs._________ (Rupees ___________________ only) under the___________________ Scheme (fill up the actual Scheme) notified by the Government under the Export/Import Policy and Procedure (2002-07) as may be amended from time to time (hereinafter referred to as scheme) on the terms and conditions specified in the said licence which term inter alia stipulates production of a Bank guarantee for Rs._________________ (Rupees ___________ only). We ____________________ (indicate the name and full address and other particulars of the Bank) (hereinafter referred to as Bank) at the request of the Importer/Exporter do hereby unconditionally and irrevocably undertake to pay the Government an amount not exceeding Rs.____________ against any loss or damage caused to or suffered by the Government by reason of any failure on the part of the said Importer/ Exporter of any of the terms or conditions contained in the said licence including the export obligation mentioned therein.
2. We ___________________ (indicate the name of Bank) do hereby
undertake to pay the amounts due and payable under this guarantee
without any demur or protest, merely on a demand from the
Government stating that the amount claimed is due by way of loss
or damage caused or suffered by the Government by reason of
breach by the Importer/Exporter of any of the terms or conditions
of the said licence. Any such demand made on the Bank shall be
conclusive as regards the amount due and payable by the Bank
under these presents.
3. We undertake to pay to the Government any money so demanded
notwithstanding any dispute or disputes raised by the
Importer/Exporter in any suit or proceeding pending before any
court or Tribunal relating thereto and our liability under these
presents being absolute and unequivocal.
4. We,_________________(indicate the name of Bank) further
agree that the guarantee herein contained shall remain in full
force and effect during the period that would be taken for the
performance of the said licence and that it shall continue to be
enforceable till all the obligations of the Importer/Exporter
under or by virtue of the said Licence have been fully discharged
to the satisfaction of the Government or till Jt.DGFT/Dy.DGFT, or
any Licensing authority for the time being authorised to perform
the duties of Jt.DGFT/Dy.DGFT, Ministry of Commerce, New Delhi
certifies that the terms and conditions of the said Licence have
been fully and properly carried out by the Importer/Exporter and
accordingly discharges this guarantee. Provided, however, unless
a demand or claim under this guarantee is made on us in writing
on or before the ______________. We shall be discharged from all
liability under this guarantee thereafter.
5. We ____________________ (indicate the name of bank), further
agree with the Government that the Government shall have the
fullest liberty without our consent and without affecting in any
manner our obligations hereunder (i) to vary any of the terms and
conditions of the said Licence and modify the said scheme from
time to time or (ii) to extend time of performance by the said
Importer/Exporter from time to time or to postpone for any time
or (iii) from time to time any of the powers exercisable by the
Government against the said Importer/Exporter and to forbear or
enforce any of the terms and conditions relating to the said
Licence and we shall not be relieved from our liability by reason
of any such variation, or extension being granted to the said
Importer/Exporter for any forbearance, act or omission on the
part of the Government or any indulgence by the Government to the
said Licensee or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provision,
have effect of so relieving us.
That this shall be a continuing Bank Guarantee and shall not
be discharged by any change in the constitution of the
importer/exporter or of the Bank.
That the guarantor will not revoke the guarantee without
prior written consent of the Government.
"Dated the_______________day of____________year_________
for ______________________indicate the name of the Bank)"