Eximkey - India Export Import Policy 2004 2013 Exim Policy

APPENDIX-7C

FORMAT OF PROJECT AUTHORITY CERTIFICATE

(Please see Para 4.1.3 of FTP, 7.02(d) of HBP & ANF-7A)

 

I ................................... (Name and Designation) am duly authorized to issue the Project Authority Certificate. I hereby certify that M/s. ...................................... have been awarded a contract for supply of goods of value, quantity and description mentioned below for total value of Rs.................. (in words ............................ ) against purchase order No. ........................ dated ...................

It is certified :-

(a) That supplies under contract No...... Dated........ are to be 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 7.02(e) of the FTP, read with APPENDIX-7A,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 supplies under the contract are to be made to a project/purpose namely ...................., import to which is permitted at zero basic customs duty, by the Ministry of Finance vide Notification No………………dt……… , and the same is under the procedure of International Competitive Bidding, but if procured domestically, then the benefit of Deemed Exports has been prescribed in accordance with the Para 7.02(f) of the FTP 2015-20, and that the import content of the order is Rs. (figure and words.........................................).

(c) That supply of goods under the contract made to mega power project in India, at S. No. .................. of list 31 at Sl. No. 598 of Department of Revenue Notification No. 50/2017-Customs dated 30.6.2017, as amended, is under the procedure of ICB or requisite quantum of power has been tied up through tariff based competitive bidding or project has been awarded through tariff based competitive bidding in accordance with the provisions of Para 7.02(f) of FTP 2015-20, and the import content of the order is Rs………………(Figures and words).

(d) That supply of the goods to projects funded by UN agencies in accordance with the provisions of Para 7.02(g) of the FTP, read with APPENDIX-7B, and that the import content of the order is Rs.(Figures and words ......................).

(e) That supply of goods to specified nuclear power projects under the procedure of Competitive Bidding is made in accordance with the provisions of Para 7.02(h) of FTP, and the import content of the order is Rs. (Figures and words ........................)

2. It is further certified that the contract No ........... Dated................. in respect of ..................... (Name of the project) has been awarded to M/s.................. as the Indian/ Foreign main contractor and M/s.............. are the sub-contractor, whose name is also included in the main contract before the date of supply. The description, quantity of the goods as described below to be supplied to us directly by the sub-contractor or to be supplied by the sub contractor to the main contractor is shown in the main contract and is in accordance with the relevant Policy/Procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by us/ main contractor in Indian Rupees.

(Relevant only for contract at Para 1(a), (b), (c), (d) and (e) for which ANNEXURE to APPENDIX-7C be furnished.)

PARTICULARS OF SUPPLIES TO BE MADE

a) By the main contractor
 

S.No. Description of item to be supplied Quantity
(1) (2) (3)
     


a) By the Sub-contractor
 

S.No. Description of item to be supplied Quantity
(1) (2) (3)
     


3. It is also certified that no other similar certificate to any other party has been granted for the same supplies detailed above, under the same contract referred to above.
 








Place
Date
Signature ………...............................
Name and Designation......................................
Name of the project ...................................
Seal ……………………………..
Telephone Number ……………..……………
E-mail ....……………………………................
Address .....………………………….…………...
Fax No. . .....…………………………………….


Note:

(1) Delete whichever is not applicable.

(2) Each Project Authority Certificate should bear a serial number.

(3) This certificate is to be signed by the Chief Executive of the project concerned or by a senior officer specifically authorised by him for this purpose whose name, designation are circulated to the Regional Licensing Authority concerned. The responsibility for sending timely advice of changes in the names of the nominated officers will solely rest with the project authority concerned.

(4) In the case of supplies to be made by a sub-contractor whose name is included in the main contract, his name should also compulsorily be indicated in Para 2 with details of supplies to be made by him, alongwith the name of the main contractor.

(5) In cases, where licences are to be obtained from more than one Regional Licensing Authority in respect of supplies covered by the same Project Authority Certificate, a self certified copy of the Project Authority Certificate ( PAC ) in place of the original PAC may be accepted by the Regional Licensing Authority. This will be certified by an officer who is authorized to file an application for licences on behalf of the company. While submitting the self certified PAC, the officer concerned will also intimate where the original PAC has been submitted so that the Regional Licensing Authority may correspond with the other Regional Licensing Authority.

(6) In case of supplies under Lease financing agreement, the Project Authority certificate shall be jointly signed by the Project Authority and Lease financing.
 

ANNEXURE

CERTIFICATE BY THE MAIN CONTRACTOR TO THE SUB CONTRACTOR


It is certified that the contract No. ............ dated ........... in respect of ...................... (Name of the project) has been awarded to M/s ............................. as the Indian/Foreign main contractor and M/s ......... ............ as the sub- contractor, whose name is certified in the main contract, before the date of supply. The description and quantity of the goods as described below to be supplied directly by the sub-contractor to the project authority or to us is shown in the main contract and is in accordance with the relevant Policy/procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by the Project Authority/ us.

PARTICULARS OF SUPPLIES TO BE MADE

(a) By the main contractor
 

S.No. Description of item(s) to be supplied Quantity Value CIF Content
         


(b) By the sub-contractor
 

S.No. Description of item(s) to be supplied Quantity Value CIF Content
         


Signature: ……………………..
Name of Authorised Signatory: ………………....
Designation: ……………………………………
Name of Main Contractor………………………
Telephone Number ……………………….........
E-mail ……………………………………........
Address ……………………………....…….....
Fax No. …………...…………………………..

Place

Date
 

(Above Appendix 7C amended vide  PUBLIC NOTICE NO.37/2018, DT. 04/09/2018)

[OLD-

APPENDIX-7C

FORMAT OF PROJECT AUTHORITY CERTIFICATE

(Please see Para 4.1.3 of FTP, 7.02(d) of HBP & ANF-7A)

 

I ................................... (Name and Designation) am duly authorized to issue the Project Authority Certificate. I hereby certify that M/s. ...................................... have been awarded a contract for supply of goods of value, quantity and description mentioned below for total value of Rs.................. (in words ............................ ) against purchase order No. ........................ dated ...................

It is certified :-

(a) That supplies under contract No...... Dated........ are to be 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 7.02(e) of the FTP, read with APPENDIX-7A, 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 supplies under the contract are to be made to a project/purpose namely ...................., import to which is permitted at zero customs duty, by the Ministry of Finance vide Notification No………………dt……… , and the same is under the procedure of International Competitive Bidding, but if procured domestically, then the benefit of Deemed Exports has been prescribed in accordance with the Para 7.02(f) of the FTP, and that the import content of the order is Rs. (figure and words.........................................).

(c) That supply of goods under the contract made to mega power project in India, at S. No. .................. of List 32 A of Notification No. 49/2012-Customs dated 10.09.2012, as amended, is under the procedure of ICB or requisite quantum of power has been tied up through tariff based competitive bidding or project has been awarded through tariff based competitive bidding in accordance with the provisions of Para 7.02(f) of FTP, and the import content of the order is Rs………………(Figures and words).

(d) That supply of the goods to projects funded by UN agencies in accordance with the provisions of Para 7.02(g) of the FTP, read with APPENDIX-7B, and that the import content of the order is Rs.(Figures and words ......................).

(e) That supply of goods to specified nuclear power projects under the procedure of Competitive Bidding is made in accordance with the provisions of Para 7.02(h) of FTP, and the import content of the order is Rs. (Figures and words ........................)

2. It is further certified that the contract No ........... Dated................. in respect of ..................... (Name of the project) has been awarded to M/s.................. as the Indian/ Foreign main contractor and M/s.............. are the sub-contractor, whose name is also included in the main contract before the date of supply. The description, quantity of the goods as described below to be supplied to us directly by the sub-contractor or to be supplied by the sub contractor to the main contractor is shown in the main contract and is in accordance with the relevant Policy/Procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by us/ main contractor in Indian Rupees.

(Relevant only for contract at Para 1(a), (b), (c), (d) and (e) for which ANNEXURE to APPENDIX-7C be furnished.)

PARTICULARS OF SUPPLIES TO BE MADE

a) By the main contractor
 

S.No. Description of item to be supplied Quantity
(1) (2) (3)
 


 
   


a) By the Sub-contractor
 

S.No. Description of item to be supplied Quantity
(1) (2) (3)
 


 
   


3. It is also certified that no other similar certificate to any other party has been granted for the same supplies detailed above, under the same contract referred to above.
 








Place
Date

Signature ....................................
Name and Designation......................................
Name of the project ...................................
Seal ……………………………..
Telephone Number ……………..……………
E-mail ....……………………………................
Address .....………………………….…………...
Fax No. . .....…………………………………….



Note:

(1) Delete whichever is not applicable.

(2) Each Project Authority Certificate should bear a serial number.

(3) This certificate is to be signed by the Chief Executive of the project concerned or by a senior officer specifically authorised by him for this purpose whose name, designation are circulated to the Regional Licensing Authority concerned. The responsibility for sending timely advice of changes in the names of the nominated officers will solely rest with the project authority concerned.

(4) In the case of supplies to be made by a sub-contractor whose name is included in the main contract, his name should also compulsorily be indicated in Para 2 with details of supplies to be made by him, alongwith the name of the main contractor.

(5) In cases, where licences are to be obtained from more than one Regional Licensing Authority in respect of supplies covered by the same Project Authority Certificate, a self certified copy of the Project Authority Certificate ( PAC ) in place of the original PAC may be accepted by the Regional Licensing Authority. This will be certified by an officer who is authorized to file an application for licences on behalf of the company. While submitting the self certified PAC, the officer concerned will also intimate where the original PAC has been submitted so that the Regional Licensing Authority may correspond with the other Regional Licensing Authority.

(6) In case of supplies under Lease financing agreement, the Project Authority certificate shall be jointly signed by the Project Authority and Lease financing.
 

ANNEXURE

CERTIFICATE BY THE MAIN CONTRACTOR TO THE SUB CONTRACTOR


It is certified that the contract No. ............ dated ........... in respect of ...................... (Name of the project) has been awarded to M/s ............................. as the Indian/Foreign main contractor and M/s ......... ............ as the sub- contractor, whose name is certified in the main contract, before the date of supply. The description and quantity of the goods as described below to be supplied directly by the sub-contractor to the project authority or to us is shown in the main contract and is in accordance with the relevant Policy/procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by the Project Authority/ us.

PARTICULARS OF SUPPLIES TO BE MADE

(a) By the main contractor
 

S.No. Description of item(s) to be supplied Quantity Value CIF Content
         


(b) By the sub-contractor
 

S.No. Description of item(s) to be supplied Quantity Value CIF Content
         








Place
Date
Signature: .................................
Name of Authorised Signatory: .................................
Designation:.................................
Name of Main Contractor.................................
Telephone Number .................................
E-mail .................................
Address .................................
Fax No. .................................

]

 

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