Eximkey - India Export Import Policy 2004 2013 Exim Policy
Circular No. 144/55/95-CX dated 24/8/95


Subject: Delegation of powers under various rules relating to Export procedure.

I am directed to invite your attention to the enclosed copy of Chart showing delegation of powers under various rules relating to New Export Procedure for information.

Sd/-
(Navneet Goel)
Under Secretary to the Govt. of India

F.No. 202/4/95-CX.6

Delegation of Powers under various Rules relating to Export Procedure


New Nature of power to be delegated Officer to Limitation Rules whom proposed to be delegated
(1) (2) (3) (4)
1. Rule 12 intro- (i) Satisfaction Assistant Commis- duced by Notif- of Commissioner sioner Central Ex- ication No.40/94 as to actual cise (Refunds) and CE(NT)date exportation of jurisdictional As- 22.9.94. goods (proviso sistant Commissio- to sub-rule (i) er. of Rule 12 and sanction of rebat claim.) (ii) Extension of (i) Superintendent From 6 months time limit for Central Excise to 1 year. expot vide clause (Refunds). (iii) to proviso (ii)Assistant More than 1 to Notification Commissioner, year. No. 41/94-CE(NT) Central excise dated 22.9.94. (Refunds). (iii)Jurisdictional Assistant Commissioner. (iii)Satisfication Assistant Commiss- of the Commiss- iner (Refunds) and ioner as to the Jurisdicition Assi- market value of stant Commossioner. goodss vide clause (v) & cancellation of export documents vide vlause (vii) of proviso to Notification No. 41/94-CE(NT) dated 22.9.94. (iv) Powers of Commis- Jurisdicitional sioner with regard Assistant to the party descr- Commissioner. ibing the finished goods [clause (i) of proviso to Notif- ication No. 42/94-CE (NT)], Power to Commissioner for samples [clause (ii) and power to permit manufacture to remove the material (clause iv)]. (v) Satisfaction of Assistant the Commissioner reg. Commissioner the duty paid and (Refunds) and date of payment and Jurisdiction amount of rebate Assistant admissable vis-a-vis Commissioner. market value of goods [clause iv & v of Notfn. No.43/ 94-CE(NT)dated 22.9. 94]. (vi) Same as above Assistant videclause (iv) & Commissioner (viii)of Notfn. No. (Refunds) & 44/94-CE(NT) dated Jurisdictional 22.9.94. Assistant Commis- sioner. (vii) Satisfaction of (i) Superintend 6 months to the Commissioner as to (Refunds) 1 year. whether goods are (ii)Assistant month than specified time limit (Refunds) exported within vide clause (vi) of (iii)Jurisdictional the Commossioner Notification No. Assistant 1 year. 44/94-CE(NT) dated Commissioner. 22.9.94. (viii) Satisfaction Assistant of the Commissioner Commossioner as to the market (Refunds) and value of goods Jurisdictional vis-a-vis rebate Assistant Commi- claim under clause (v) ssioner. of Notification No. 46/94-CE(NT) dated 22.9.94.
2. Rule 13 int- (i)Acceptance of Superintendent roduced by individual bonds (Boards) and Notification (B1) Security Jurisdictional No. 40/94-CE / Surety. Assistant Commi- (NT) dated ssioner. 22.9.94. (ii)Acceptance of (i) Supperintedent Upto proof of export (Bonds) Rs.25.000/- in respect of (ii)Assistant Rs.25.000/- each bond. Commissioner (Bonds) (iii)Jurisdictional Assistant Com- missioner. (iii)Commissioner"s Jurisdictional - powers under Notfn, Assistant Com- No. 47/97-CE(NT) missioner. dated 29.9.94 to permit manufactures in bond, removal of materials etc. (iv) Commissioner"s (i) Superintend 6 month to powers to relax time ent (Bonds) 1 year. limit for exportation (ii) Assistant More than vide vlause (iii) of Commissioner 1 year. Notification No. (Bonds) 48/94- CE(NT) dated (iii)Jurisdictional - 22.9.94. Assistant Commissioner. Rule 13 intr- Execution of bond Supdt. Individual oduced by by the exporter vide Jurisdictional security Notification clause (ii)Notifica- Assistant bond. No. 40/94-CE tion No.48/94-CE (NT) Commissioner (NT) dated dated 22.9.94 Assistant - 22.9.94 Commissioner (Bonds) Para 2(v) Satisfaction of Assistant Com- - Commissioer regarding missioner (Bond). export of goods vide Jurisdictional As- - condition (iv) of sistant Commissio- Notfn. No. 48/94-CE ner (NT) dated 22.9.94. Para 2(vi) Execution of bond Supdt. Individual exporter vide clause (vi) Jurisdictional security by the of Notfn. No. Assistant bond 49/94-CE(NT) dated Commissioner - 22.9.94. Assistant Commi- ssioner (Bonds) Para 2(v) Commissioner"s power Jurisdictional - under Notfn. No.49/94- Assistant CE(NT) dated 22.9.94 Commissioner except under clause (vi). (vi) Commissioner"s Jurisdictional - power to permit export Assistant without payment of Commissioner duty from a warehouse of factory to Nepal or Bhutan, power to approve bond, power discharge exporter of his liabilities under bond.
3. Rule 14. Permission to enter (i) Superintend Upto into general bond & (Bonds) Rs.25.000/- fulfilment of such (ii)Assistant exceeding conditions as may be Commissioner Rs.25.000/- required to demand a (Bond) fresh bond or (iii)Jurisdictional - additional security. Assistant Commissioner.
4. Rule 14A. (i) Penal action for (i) Superintedent Upto failure to produce (Refunds) Rs.25.000/- proof. (ii) Assistant Exceeding Commissioner Rs.25.000/- (iii)Jurisdictional - Assistant Commissioner. (ii)Power to refuse Deputy - permission to make Commissioner/ further export. Additional Commissioner. (iii) Satisfaction of (i) Assistant - Commissioner regar- Commissioner ding accountal of (Refunds) goods meant for (ii)Jurisdictional - export [Rule 14-A(c)]. Assistant Commissioner.
5. Rule 14B(1) (i) Overdrawal upto (i) Assistant - 50% of the Bond amount Commissioner (Bonds.) (ii) Jurisdictional - Assistant Commissioner (ii)Overdrawal upto Deputy Commissioner - 75% of the Bond amount. Additional Commissi- oner.
6. Rule 14B(2) Power to refuse further Deputy Commissioner - export. Additional Commissi- oner.
7. Rule 187. To perscribe shorter Jurisdictional - period for persentation Superintendent. packages.
8. Rule 189. Sanction Rebate claim. (i) Assistant - Commissioner (Refunds) (ii)Jurisdictional - Assistant Commissioner

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