Project
Imports Regulations, 1986
1. Short title and commencements.-
(1) These regulations may be called the Project Imports (Amendment)
Regulations, 2006.
(2) They shall come into force on the 1st day of March, 2006.
(Amended vide
Notification No. 30/2007 - Customs, dated 01/03/2007)
(Amended vide Notification
No. 17/2006 - Customs, dated 01/03/2006)
(Amended vide Notification
No. 16/2004 - Customs, dated 08/01/2004)
(Amended vide Notification
No. 37/2003 - Customs, dated 01/03/2003)
(Amended vide Notification
No. 92/2002
– Customs, dated 6/09/2002)
2. Application.-
These regulations shall apply for assessment and clearance of the goods falling
under heading No. 98.01 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975).
3. Definitions.-
For the purposes of these regulations,-
(a)
"industrial plant" means an industrial system designed to be employed
directly in the performance of any process or series of processes necessary for
manufacture, production or extraction of a commodity, but does not include -
(i) establishments designed to offer services of any
description such as hotels, hospitals, photographic studios, photographic film
processing laboratories, photocopying studios, laundries, garages and
workshops; or
(ii) a single machine or a composite machine, within the meaning assigned to
it, in Notes 3 and 4 to Section XVI of the said First Schedule;
Explanation :- For the purposes of sub-clause (i) the
expression "establishments designed to offer services of any
description" shall not include video recording or editing units,
cinematographic studios, cinematographic film processing laboratories, and
sound recording, processing, mixing or editing studios;
(b) "Sponsoring authority" means an authority specified in the Table
annexed to these regulation;
(c) "substantial expansion" means an expansion which will increase
the existing installed capacity by not less than 25 per cent;
(d) "unit" means any self-contained portion of an industrial plant or
any self-contained portion of a project specified under the said heading No.
98.01 and having an independent function in the execution of the said project.
4. Eligibility.-
The assessment under the said heading No. 98.01 shall be available only to
those goods which are imported (whether in one or more than one consignment)
against one or more specific contracts, which have been registered with the
appropriate Custom House in the manner specified in regulation 5 and such
contracts or contracts has or have been so registered,
(i) before any order is made by the proper officer of
customs premitting the clearance of the goods for
home consumption;
(ii) in the case of goods cleared for home consumption without payment of duty
subject to re-export in respect of fairs, exhibitions, demonstrations,
seminars, congresses and conferences, duly sponsored or approved by the
Government of India or Trade Fair Authority of India, as the case may be,
before the - Customs (N.T.), dated of payment of duty.
5. Registration of Contracts.-
(1) Every
importer claiming assessment of the goods falling under the said heading No.
98.01, on or before their importation shall apply in writing to the proper
officer at the port where the goods are to be imported or where the duty is to
be paid for registration of the contract or contracts, as the case may be :
Provided that in the case of consignments sought to be cleared through a Custom
House other than the Custom House at which the contract is registered, the
importer shall produce from the Customs House of registration such information
as the proper officer may require.
(2) The importer shall apply, as soon as may be, after he has obtained the
Import trade control licence wherever required for
the import of articles covered by the contract and in case of imports covered
by the Open General Licence or imports made by
Central Government, any State Government, statutory corporation, public body or
Government undertaking run as a joint stock company (hereinafter referred to as
"Government Agency") as soon as clearance from the concerned
Administrative Ministry or Department, as the case may be, has been obtained.
(3) The application shall specify -
(a) the
location of the plant or project;
(b) the description of the articles to be manufactured, produced, mined or
explored;
(c) the installed or designed capacity of the plant or project and in the case
of substantial expansion of an existing plant or project the installed capacity
and the proposed addition thereto;
(d) such other particulars as may be considered necessary by the proper officer
for purposes of assessment under the said heading.
(4) The application shall be accompanied by the original deed of contract
together with a true copy thereof, the import trade control licence,
wherever required, and an approved list of items from the Directorate General
of Technical Development or the concerned sponsoring authority.
(5) The importer shall also furnish such other documents or other particulars
as may be required by the proper officer in connection with the registration of
contract.
(6) The proper officer shall, on being satisfied that the application in the
order register the contract by entering the particulars thereof in a book kept
for the purpose, assign a number in token of the registration and communicate
that number of the importer and shall also return to the importer all the
original documents which are no longer required by him.
6. Amendment of contract.-
(1) If
any contract referred to in regulation 5 is amended, whether before or after
registration, the importer shall make an application for registration of the
amendments to the said contract to the proper officer.
(2) The application shall be accompanied by the original deed of contract
relating to the amendments together with a true copy thereof and the documents,
if any, permitting consequential amendments to the import trade control licence, wherever required, for the import of articles
covered by the contract and in the case of imports covered by Open General Licence, as soon as clearance from the concerned sponsoring
authority, as the case may be, has been obtained alongwith
a list of articles referred to in clause (4) of regulation 5 duly attested.
(3) On being satisfied that the application is in order, the proper office
shall make a note of the amendments in the register.
7. Finalisation of contract.-
The importer shall within three months from the - Customs (N.T.), dated of
clearance for home consumption of the last consignment of the goods or within
such extended period as the proper officer may allow, submit a statement
indicating the details of the goods imported together with necessary documents
as proof regarding the value and quantity of the goods so imported in terms of
this Regulation and any other document that may be required by the proper
officer for finalisation of the contract.
|
Sr.
No. |
Name
of the Plant or Project |
Sponsoring
Authority |
|
1. |
All
plants and projects under SSI Units |
Director
of Industries of the Concerned State |
|
2. |
All
Power Plants and Transmission projects under :- |
|
|
|
(a)
National Thermal Power Corporation Ltd. |
National
Thermal Power Corporation Ltd., NTPC Bhawan,
SCOPE Complex, 7, Lodi Road, Institutional Area, New Delhi -110 003 |
|
|
(b)
Tehri Hydro Development Corporation Ltd. |
Tehri Hydro Development
Corporation Limited Bhagirathi Bhawan (Top
Terrace), Bhagirathipuram, Tehri
Tehri (Garhwal) 249
001(UP). |
|
|
(c) Nathpa Jhakri Power Corporation Ltd. |
Nathpa |
|
|
d)
North Eastern Electric Power Corporation Ltd. |
North Eastern Electric Power Corporation Limited
Brookland Compound Lower New Colony Shillong – 793 001. |
|
|
(e) National Hydroelectric Power
Corporation Ltd. |
National Hydroelectric Power Corporation
Limited NHPC Office Complex Sector-33, |
|
|
(f) Bhakra Beas Management Board. |
Bhakra Beas Management
Board Madhya Marg, Sector-19/B |
|
|
(g)
Central Power Research Institute. |
Central
Power Research Institute, |
|
|
(h) National Power Training Institute. |
National Power Training Institute Sector
33, |
|
|
(i) Power Grid
Corporation of India Ltd. |
Power Grid Corporation of India Ltd. Hemkunt Chambers, 6th Floor, 87, Nehru Place, New Delhi -
110 019. |
|
3. |
Power Plants & Transmission Projects
other than those mentioned at Sl. No. 2 above. |
Secretary to the State
Government or |
|
3A. |
Drinking
Water Supply Projects for supply of water for human or animal consumption |
Collector/District Magistrate/Deputy
Commissioner of the District in which the project is located. |
|
3B. |
Aerial Passenger Ropeway Project |
Joint Secretary to the Government of India
in the Ministry of Tourism or the Secretary to a State Government dealing
with subject of tourism |
|
3C. |
Water
Supply Projects |
Collector/District
Magistrate/ Deputy Commissioner of the District in which the project is
located. |
|
3D. |
Pipeline
projects for the transportation of crude oil, petroleum products or natural
gas |
Ministry
of Petroleum and Natural Gas. |
|
3E. |
Digital
cinema development projects |
Ministry
of Information and Broadcasting. |
|
4. |
Any
other Plant and Project. |
Concerned
Administrative Ministry or Department. |
(Sr.No.3A has been
inserted vide Notification No. 92/2002 –
Customs, dated 6/09/2002)
(Sr.No.3B has been
inserted vide Notification No. 37/2003
- Customs, dated 01/03/2003)
(Sr.No.3C has been
inserted vide Notification No. 16/2004
- Customs, dated 08/01/2004)
(Sr.No.3D has been inserted vide Notification
No. 17/2006 - Customs, dated 01/03/2006)
(Sr.No.3E has been inserted vide Notification
No. 30/2007 - Customs, dated
01/03/2007)