Eximkey - India Export Import Policy 2004 2013 Exim Policy
APPENDIX 22C

FORMAT OF CERTIFICATE OF PAYMENTS ISSUED BY THE PROJECT AUTHORITY

NOTE: PLEASE SEE PARAGRAPH 8.3.1 AND 8.4 OF THE HANDBOOK (VOL.I)

FORM I-A

(CERTIFICATE OF PAYMENT TO BE ISSUED BY THE PROJECT AUTHORITY FOR SUPPLIES MADE TO CATEGORIES (d), (e), (f) and (g)(i) and (j) OF PARAGRAPH 8 OF THE POLICY)

I ................................... (Name and Designation) am duly authorised to issue the payment certificate.

Certified that the goods of quantity and value as described below and in Invoice No.........................Dated ......... have been supplied to us on date) against purchase order No.......................dated ............ and we have paid to the suppliers, namely, M/s............................ the sum of Rs.(figures and words.................................) on............. (date) being ............................ per cent of the value of the goods/ equipments/ capital goods supplied as per terms of the contract No................ dated............ entered into with the suppliers in accordance with the conditions applicable to:

    (a) That supplies under contract No....... Dated....... made in India to a project financed by multilateral or bilateral Agencies/Funds namely..............which has been notified by the Department of Economic Affairs, Ministry of Finance vide their reference No....... Dated ....... and the same is under the procedure of International Competitive Bidding in accordance with the procedure of the above mentioned Agency/Fund, legal agreement of which provides for tender evaluation without including the customs duty in accordance with the provision in Para 8.2(d) and 8.4.4 (ii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................).

    Supply and installation of goods and equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies/funds as notified by Deptt. of Economic Affairs, Ministry of Finance under International Competitive Bidding in accordance with the procedures of those agencies/funds, which the bids may have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for the goods manufactured abroad”.

    (b) That supply of capital goods under the contract made to fertiliser plants in India is under the procedure of international competitive bidding in accordance with the provision of Para 8.2(e) and 8.4.5 of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................)

    (c) That Supplies made under the contract made to a project/ purpose namely....................., import to which is permitted at zero customs duty, by the Ministry of Finance vide Notification No......dt..........but if procured domestically, then the benefit of Deemed exports has been prescribed in accordance with the provision of Para 8.2(f) and 8.4.4(iii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................)

    (d) That Supply of goods required in connection with Petroleum exploration licences or mining leases under international competitive bidding is made in accordance with the provisions of Paragraph 8.2(f) and 8.4.4 (iii) of the Policy, 2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (e) That Supply of goods under the contract made to power project in India is under the procedure of international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4 (iv) of the Policy, 2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (f) That Supply of goods under the contract made to refineries in India is under the procedure of international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4 (v) of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (g) That Supply of goods to projects funded by UN agencies in accordance with the provisions of Paragraph 8.2(i) and 8.4.6 of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (h) That Supply of goods to specified nuclear power projects under the procedure of competitive bidding is made in accordance with the provisions of Paragraph 8.2(j) and 8.4.7 of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

It is also certified that the supplies have been accepted by us at the site at the price stated in the invoice.

It is also certified that no CENVAT Credit/rebate under the Central Excise Rules have been availed by us nor will be availed in future on supply of these items.

*(use whichever is applicable)

Description, Quantity and Value of goods supplied........................................................
........................................................
........................................................

Signature
Name
Designation
Name of the Project

Place

Date
........................................................
........................................................
........................................................
........................................................


Note:

1. This certificate should be signed by the Chief Executive Incharge of the Project concerned or by a senior officer specially authorised by him for this purpose.

2. In case of supplies to Fertilizer Projects, this certificate should be signed by such officer/ authorities as may be notified from time to time by the Department of Fertilizers.

FORM I-B

(CERTIFICATE OF PAYMENT TO BE ISSUED TO THE SUB-CONTRACTOR WHOSE NAME APPEARS IN THE MAIN CONTRACT IN RESPECT OF CATEGORIES (d),(e)(f),(g),(i)& (j) of PARA 8.2 OF THE POLICY)


1. Certified that M/s ...................... is an Indian sub-contractor to M/s ............................... (Main Contractor). The contract of the main contractor has been accepted by us vide No. ....................... date ...........The name of the sub-contractor has been included in the main contract itself and the description, quantity and value of the goods which has now been supplied to us or to the main contractor, has already been indicated in the main contract. These supplies conforms to the specifications laid down in the main contract

2. It is also certified that the goods/equipment of quantity and value as described below and in invoice No. ................ dated ............ have been supplied to us by the above mentioned sub-contractor on ...................... (date) against purchase order No. ....................... dated .................. and we have paid to the subcontractor, namely, M/s. .................... the sum of Rs.(figures and words ..................................) on .........(date) being ..................... percent of the value of the goods/equipments/capital goods supplied as per terms of the contract No. ....... dated ............ entered into with the suppliers in accordance with the conditions applicable to:

    (a) That supplies under contract No....... Dated....... made in India to a project financed by multilateral or bilateral Agencies/Funds namely..............which has been notified by the Department of Economic Affairs,Ministry of Finance vide their reference No....... Dated ....... and the same is under the procedure of International Competitive Bidding in accordance with the procedure of the above mentioned Agency/Fund, legal agreement of which provides for tender evaluation without including the customs duty in accordance with the provision in Para 8.2(d) and 8.4.4 (ii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................)

    Supply and installation of goods and equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies/funds as notified by Deptt. of Economic Affairs, Ministry of Finance under International Competitive Bidding in accordance with the procedures of those agencies/funds, which the bids may have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for the goods manufactured abroad”.

    (b) That supply of capital goods under the contract made to fertiliser plants in India is under the procedure of international competitive bidding in accordance with the provision of Para 8.2(e) and 8.4.5 of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................)

    (c) That Supplies made under the contract made to a project/ purpose namely....................., import to which is permitted at zero customs duty, by the Ministry of Finance vide Notification No......dt..........but if procured domestically, then the benefit of Deemed exports has been prescribed in accordance with the provision of Para 8.2(f) and 8.4.4(iii) of the policy,2004-2009 and that the import content of the order is Rs.(figure and words.....................)

    (d) That Supply of goods required in connection with Petroleum exploration licences or mining leases under international competitive bidding is made in accordance with the provisions of Paragraph 8.2(f) and 8.4.4 (iii) of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (e) That Supply of goods under the contract made to power project in India is under the procedure of international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4 (iv) of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (f) That Supply of goods under the contract made to refineries in India is under the procedure of international competitive bidding in accordance with the provisions of Paragraph 8.2(g) and 8.4.4 (v) of the Policy and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (g) That Supply of goods to projects funded by UN agencies in accordance with the provisions of Paragraph 8.2(i) and 8.4.6 of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

    (h) That Supply of goods to specified Nuclear Power Projects under the procedure of competitive bidding is made in accordance with the provisions of Paragraph 8.2(j) and 8.4.7 of the Policy,2004-2009 and the import content of the order is Rs.. (Figures and words of the order is Rs.(figure and words.....................)

* (use whichever is applicable)

3. It is further certified that the supplies have been made in terms of the contract No. ............... date ............. entered into with the suppliers and the supplies have been accepted by us at site at the price stated in the invoice. We are satisfied that the supplies have been made at international prices.

OR

** it is further certified that the supplies have been made in terms of the contract secured against international competitive bidding in the project being undertaken by us and which has been (a) approved by the Department of Fertilizers vide their Reference No.________ dated ______; or (b) notified vide Department of Economic Affairs, Ministry of Finance Reference No______ dated _______ and the supplies have been accepted by us at site at the price stated in the invoice.






Place ...............
Date ...............

Signature...........................................
Name...........................................
Designation
Name of the
...........................................
Project/Agency...........................................
Description, Quantity and Value of Goods supplied ...........................................
...........................................
...........................................
Signature...........................................
Name...........................................
Designation
Name of the
...........................................
Project/Agency...........................................


Note:-

(1) Note 1&2 below Form I-A is equally applicable in this case.

FORM 1-C


Certificate of payment to be issued by the main contractor for supplies made by sub contractor whose name appear in the main contract to categories (d) (e) (f) & (g) (i) & (j) of paragraph 8.2 of the Policy.

Certified that the goods of quantity and value as described below and in invoice No.__________ dated __________ have been supplied to us on date ________ against purchase order No.________ dated ___________________and we have paid to the sub-contractor namely M/s _________________________ the sum of rupees (figure and words) _______________ on _____________ (date) being______________ percent of the value of the goods/ components/equipment/capital goods supplied as per terms of the contract No. ____________ dated ________ entered into with the sub contractor.

It is also certified that we, the main contractor have supplied such goods/ components/ equipments / capital goods supplied by the sub contractor to the project authority against contract no. ________ dated _______ and have received payment on _________ (date) against invoice No. ___________ dated _________.

S.NO.DESCRIPTION OF GOODSQtySUB-CONTRACTOR
INVOICE NO.DATEVALUEDATE OF PAYMENT
       


S.NO.DESCRIPTION OF GOODSQtyCONTRACTOR
INVOICE NO.DATEVALUEDATE OF PAYMENT
       


It is also certified that we have accepted the supplies at the site at the price stated in the invoice.

Date: .........
Place: ........

Signature

:......................................................

Name

:......................................................

Designation

:......................................................

Name of the main contractor

:......................................................


FORM II

(UNDERTAKING TO BE GIVEN BY THE APPLICANT)

We,M/s.............................. undertake in respect of our application dated ........ against................ (description of goods) supplied to ....................... (name of buyer), that :-

(1) If at any future date we are required to refund any amount to the buyer,namely ....................... on account of non-satisfactory performance of the equipment during the guarantee period or on account of replacement of defective parts as per contractual agreement we shall send an intimation to the licensing authority giving full particulars within one month of the date of such refund.

(2) We shall refund to the licensing authority proportionate amount in respect of the amount refunded to the Project authority by us.




Place .....................
Date .....................
Signature: .....................................................
Name (In Block Letters): .....................................................
Designation: .....................................................


FORM III

(DECLARATION)


We hereby declare and certify that :-

(a) particulars stated in the application dated ............................ are correct;

(b) the goods as mentioned in application have been supplied to ..................................... in terms of the contracts secured by us.

(a) the payment against these supplies have been received; and

(b) supplies have been made at the prices indicated in Contract No........ dated .............





Place:
Date:
Signature: .....................................................
Name (In Block Letters): .....................................................
Designation: .....................................................
Name of the Applicant Firm: .....................................................


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