Eximkey - India Export Import Policy 2004 2013 Exim Policy
Excise Acts, Rules & Regulation BONDS, FORMS, RETURNS, REGISTERS FORM B-17 (GENERAL SURETY/SECURITY)
FORM B-17

(GENERAL SURETY/SECURITY)
General Bond (with Surety/Security) to be executed by the 100% EOUs/Units
in the EHTP/STP/FTZ


(Rules 9-8, 13, 14 and 192)

We______________ having our registered office at _________________hereinafter referred to as the Obligors _____________and called the surety (ies) (which expression shall,unless repugnant to the context or meaning thereof, include our heirs,successors, executors, administrators, liquidators, legal representatives andassignees) hereby hold and firmly bind ourselves jointly and severally unto thePresident of India, hereinafter referred to as the Government in the sum of Rs.___________Rupees _________only) for which payment to be well and truly made,we, the obligors, bind ourselves by these presents.

WHEREAS we the obligors have been granted by the Government an Industrial licence forsetting up a Hundred Percent Export Oriented Undertaking for - the manufactureof goods for export out of India on the terms and conditions, stipulated in theletter of intent No. _________dated __________and we the obligors have dulyaccepted the said terms and conditions.

AND WHEREAS the Assistant Commissioner of Customs/Central Excise at_________________has licensed/ authorised the premises at as a privatewarehouse/unit wherein the dutiable goods, imported/sourced indigenously by usfrom time to time for manufacture of goods as aforesaid could be deposited for aperiod of 5 years/one year as the case may be without payment of duty onconditions specified in sub-section (1) of section 59 of the Customs Act, 1962,which conditions we the obligors hereby accept.

AND WHEREAS on compliance with the provisions of the said Section 59 as aforesaid,the proper officer / Assistant Commissioner of Central Excise or such otherdelegated authority, as the case may be, has made an order under section 60 ofthe Customs Act and under chapter X of the Central Excise Rules, 1944, permit-ting us to deposit the aforesaid goods in the said private warehouse withoutpayment of duty.

AND WHEREAS we the obligors having been permitted by the Assistant Commissioner,Central Excise/Customs at to purchase from time to time goods not exceeding thequantity listed in the Annexure-1 as may be required for manufacture of goods inhis factory annually in the manner specified without payment of whole of theduty.

AND WHEREAS the said Assistant Commissioner has permitted the obligor to clear dutyfree imported goods from Ports/ Airports/Inland Container Depots or BondedWarehouses as the case may be, to the export oriented unit.

AND WHEREAS, pursuant to sub-section (1) of section 65 of the said Customs Act, thesaid Assistant Commissioner of Customs/Central Excise has ac- corded sanction tous, the obligors, on payment of the prescribed fee of Rs. (Rupees only) and onprescribed conditions hereinafter set-out, which conditions we the obligorshereby accept, to carry on manufacturing operations in relation to the saidimported goods.

AND WHEREAS the Assistant Commissioner of Central Excise, Customs or proper officerunder section 67 of the Customs Act, or Assistant Commissioner of Central Exciseor such other delegated authority as the case may be, under rule 13 of theCentral Excise Rules, 1944 has permitted the obligors to remove the said goodsfrom the said unit without payment of duty and despatch the same by air, sea,rail or road for export to foreign countries without payment of duty and whenrequired bona fide to do so, or other EOUs /warehouses subject to the prescribedconditions set out for the due arrival of the said goods at the said warehouse.

AND WHEREAS the Assistant Commissioner of Customs/Central Excise has permitted theobligor to remove the goods sourced imported/ domestically or goods partiallymanufactured or processed there from to the any other place in India withoutpayment of duty subject to such conditions and limitations as may be specifiedby him for the purpose of repair, refining, processing, testing job work ordisplay and to be returned to the unit thereafter.

AND WHEREAS the Assistant Commissioner of Customs/Central Excise has permittedprovisional assessment of goods manufactured/ware-housed by the above Obligorsfrom time to time which could not be finalised for want of full information asregard to value/description/quality or of the proof thereof or for thenon-completion of the chemical or other tests in respect thereof or otherwise,as per the provisions contained in the Central Excise Rules, 1944 as per requestof the obligor.

AND WHEREAS the Commissioner of Central Excise or such other delegated authority asthe case may be, has required the obligor to deposit as security for the amountof this bond, the sum of Rs. (Rupees) in cash (the securities as hereinaftermentioned of a total value of Rs. (Rupees) endorsed in favour of the Presidentof India and accepted for and on behalf of the President of India by theCommissioner, Deputy Commissioner, Assistant Commissioner, Superintendent ofCentral Excise, namely ) and whereas the obligor has furnished such guarantee bydepositing the cash/ securities as aforementioned.

NOW THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT

1. We, the obligors shall, observe all the provisions of the Customs Act, 1962,Central Excise Act, 1944 and the rules and regulations made there under inrespect of the said goods.

2. We, the obligors shall, pay on or before a date specified in a notice of demandall duties" and rent and charges claimable on account of the said goodsunder the Customs Act; 1962, Central Excise Act, 1944 and rules/regulations madethere under together with interest on the same from the date so specified at therate applicable.

3. We, the obligors shall, discharge all duties and penalties imposed for violationof the provisions of the Customs Act, 1962, Central Excise Act, 1944, rules andregulations in respect of the said goods not removed within one year or 5 yearsas the case may b~ from the date of the order permitting the deposit of the saidgoods at the said warehouse/EOU, or within such further time as may be extendedby the Chief Commissioner, Commissioner of Customs/Central Excise or by theCentral Board of Excise & Customs, on a specific request made by us, theobligors and also pay interest at a rate applicable from the expiry of the abovesaid period till the date of the clearance of the goods.

4. We, the obligors shall, furnish to the Assistant Commissioner of Customs/CentralExcise at Port/ Airport/International Container Depot/warehouse evidence to hissatisfaction within a period of three months from the date of despatch from anywarehouse or unit that the said goods have duly arrived at the unit or thewarehouse as the case may be.

5. We, the obligors shall be wholly and solely responsible for ensuring that thereshall be no pilferage during transit of the said goods when despatched from theplace of Import, the factory of manufacture, or from the warehouse to the unitand, vice versa; and we, the obligors, shall pay the duty on pilfered goods, ifany.

6. We, the obligors; shall observe and comply with a the provisions of themanufacture and other operations in Warehouse Regulations, 1966, WarehousedGoods (Removal) Regulations, 1963 and such other conditions as may be imposed bythe proper officer / Assistant Commissioner of Central Excise or such otherdelegated authority, as the case may be for carrying out the purpose of theaforesaid regulations.

7. We, the obligors, shall maintain detailed accounts of all imported andindigenous goods used in the manufacturing processes and operations in properform including of those remaining in stock and those sent outside under ourobligation, and shall produce such accounts for inspection of the proper officer/ Assistant Commissioner of Central Excise or such other delegated authority asthe case may be when directed by him.

8. We, the obligors shall, provide to the officer of Customs/Excise stationed atthe warehouse for control and supervision of the manufacturing processes andother operations such amenities as may be specified by the AssistantCommissioner.

9. We, the obligors, shall pay all charges, including pay, allowance, leave andpensionary, charges of such officer.

10. We, the obligors, shall fulfill the export obligation & conditionsstipulated in Customs/Central Excise Notifications, as amended, under which thespecified goods have been imported/sourced, as well as the Import-Export Policyfor April, 1997 to 2002, as amended from time to time and to pay on demand anamount equal to the Customs and Central Excise Duties leviable9n the goods asare not proved to the satisfaction of Assistant Commissioner of Customs/CentralExcise to have been used in the manufacture of articles for export and anypenalty imposed under Customs Act, 1962 or Central Excise Act, 1944 and rules orregulations made thereun4er as the case may be.

11. We, the obligors, shall discharge all dues whether Central Excise duty or thelawful charge which shall be demandable on the goods obtained by us withoutpayment of duty from the domestic tariff area and transported from the place ofprocurement to our premises for use in Special Industrial purpose and shall alsopay after final assessment by the proper officer/Assistant Commissioner ofCentral Excise or such other delegated authority, as the case may be, which wereassessed on provisional basis under Rule 9B of the Central Excise Rules, 1944all dues within 10 days of the date of demand thereof being made in writing bysuch officers.

12. We, the obligors, shall if the articles so manufactured are allowed to be soldin India in such quantity and subject to such other limitations and conditionsas may be specified in this behalf by the Director General of Foreigt1 Trade,pay duty of Excise leviable on such articles under section 3 of the CentralExcise Act, 1944; and shall pay duty of excise leviable on such articles undersection 3 of Central Excise Act, 1944 and duty of Customs & Central Exciseleviable on the Raw materials/Component parts used in the manufacture of sucharticles as are not allowed to be sold in India in accordance with the provisionof Exim Policy.

13. We, the obligors, shall comply with the conditions and limitations stipulated inthe said Import and Export Policy as amended from time to time or the AssistantCommissioner of Customs/Central Excise permitting the goods imported into Indiaor sourced indigenously for the purpose aforesaid or the articles manufacturedor package there from to be taken outside the undertaking temporarily, withoutpayment of duty, for testing, repairs, reconditioning, processing or displayetc.

14. We, the obligors, shall not change the name & style under which we, theobligors, are doing business or change the location of the manufacturingpremises except with the written permission of the Assistant Commissioner ofCustoms/Central Excise at ____________

If each and every one of the above conditions is duly complied with by us, theobligors, the above written bond shall be void and of no effect; otherwise thesame shall remain in full force and effect and virtue.

It is hereby declared by us, the obligors and the Government as follows :- 1. The above written bond shall continue in force notwithstanding the transfer ofthe goods to any other person or removal of the said goods from one warehouse toanother warehouse;

2. The above written bond is given for the performance of an act in which thepublic are interested;

3. The Government through the Commissioner of Customs/Central Excise or any otherofficer of Customs/Central Excise recover the sums due from the obligors in themanner laid down in sub-section (1) of section 142 of the Customs Act, 1962 orsub-section (1) of section IIA of the Central Excise Act, 1944:
Provided always that the liability of the surety hereunder shall not be impaired ordischarged by reason of any time being granted or any forbearance, act oromission of the Government (whether with or without the knowledge or the consentof the surety) in respect of or in relation to the obligation and condition tobe performed or discharged by the obligor(s) nor shall it be necessary to suethe obligor(s) before suing the surety for amounts hereunder.

AND the President of India shall, at his option, be competent to make good all theloss and damages from the amount of the security deposit or by endorsing hisrights under the above written bond or both;

I/WE further declare that this bond is given under the orders of the CentralGovernment in the performance of an act in which the public are interested;

In these presents the words imposing singular only shall also include the pluraland vice versa where the context so requires;

IN WITNESS THEREOF these presents have been signed this day of 19 hereinbeforewritten by the obligor(s) and the surety (ies).

Place

Date

Signature of the Obligor

Witnesses  
(1)
Address (1)Occupation (1)
(2)Address (2)Occupation (2)

Signature of the Surety

Witnesses  
(1)
Address (1)Occupation (1)
(2)Address (2)Occupation (2)


Signature and date

Name ________________________
Designation _________________


ACCEPTED for and on behalf of the President of India on __________day of ___________19___________

Signature and date

Name ________________________
Designation _________________


Annexure-1

TABLE

Marks & Number No. of Package Description of goods Quantity Assessable value Rate of Duty Amount of duty
(1) (2) (3) (4) (5) (6) (7)
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