Administration of EOUs / Power of DC/ Designated Officer

6.34

The Development Commissioner/Designated Officer shall have the following powers in respect to the units. Jurisdiction of Development Commissioners is given in Appendix- 14-IK.

(1) Conversion of sick/closed DTA unit into EOU;

(2) Conversion of EOU to STP/EHTP/BTP and vice-versa as per the prescribed procedure;

(3) To allow increase in the value of capital goods in terms of Indian Rupees, on account of foreign exchange rate fluctuations;

(4) To permit capacity enhancement without any limit in case of de-licensed industries only;

(5) Permit broad-banding for similar goods and activities mentioned in the LOP or to provide for backward or forward linkages to the existing line of manufacture;

(6) Authorize change in name of the company or the implementing agency and change from a company to another provided the new implementing agency/ company undertakes to take over the assets and liabilities of the existing unit;

(7) Permit change of location from the place mentioned in the LOP to another and/or include additional location provided that no change in other terms and conditions of the approval is envisaged and that the new location is within the territorial jurisdiction of the Development Commissioner/Designated Officer;

(8) Extend validity period of LOP by three years beyond the initial validity period of the LOP (except in case where there is a restriction on initial period of approval, like setting up of oil refinery projects) ;

(9) Cancel LOP wherever warranted;.

(10) Permit merger of two or more units into one unit provided the units fall within the jurisdiction of the same Development Commissioner/Designated Officer subject to the conditions that the activities are covered under the provision of broad banding;

(11) Exercise powers of adjudication under Section 13 read with Section 11 of Foreign Trade (Development & Regulation) Act, 1992 in respect of EOUs as mentioned in Gazette Notification No. SO. 194(E) dated 6.3.2000;

(12) Do valuation of exports declared on SOFTEX form by EOUs as per RBI A.D. (M.A Series) Circular AP (DIR series Circular No.9 dated 25.10.2001);

(13) Issue eligibility certificates for grant of employment visa to low level foreign technicians to be engaged by EOUs as per Ministry of Home Affairs’ letter No. 25022/7/99- F.1 dated 20.9.1999;

Registration-cum- Membership Certificate

(14) Function as a Registering authority for EOU/ EHTP/ STP /BTP. A separate Registration cum- Membership Certificate shall not be required in their cases as provided for in paragraph 2.44 of the Policy except in case of spices. In case of spices, it would be mandatory for the units to get themselves registered with the Spices Board also.

Importer Exporter Code No.

(15) Allot Importer-Exporter Code number for EOUs, if the same has already not been allotted to the entity;

Green Card

(16) Issue of Green Card automatically after execution of Legal Undertaking;

(17) Grant/renewal of Status Certificate in respect of EOUs provided it does not involve clubbing of FOB value of exports of its parent company in the DTA;

(18) Publicity of EOU/EHTP/STP/BTP Scheme under their jurisdiction.