100
% EOU GENERAL BOND
KNOW
WE ALL MEN BY THESE PRESENTS
We,
Messrs. __________________________________________, having our
registered office at
_________________________________________________ hereinafter
referred to as the Importers (which expression shall, unless
repugnant to the context of meaning thereof, include our
heirs, successors, executors, administrators, liquidators,
legal representatives and assignees) hereby hold and firmly
bind ourselves jointly and severally unto the President
of India, hereinafter referred to as the Government (which
expression shall, unless repugnant to the context of meaning
thereof, include his successors and assignors) in the sum of
Rs._____________
(Rupees___________________________________________________
only).
For which to be
well and truly made we the importers bind ourselves by these
presents.
Signed, sealed and
delivered by us the importers this ____ day of
______________, in the presence of:
Witness :-
1. Name
:
Address
:
2. Name
:
Address
:
Whereas we the Importers have been granted by the
Government an Industrial Licence for converting our existing
DTA unit into a 100% Export Oriented Undertaking for the
manufacture of for export out of India on the terms and
conditions stipulated in the letter of intent No.
__________________________
_______________________ and we the Importers have duly
accepted the said terms and conditions.
AND
WHEREAS the Assistant Commissioner of Customs at ___________
has licensed the premises at ____________________________as a
private warehouse wherein the dutiable goods specified in the
table below, imported by us for manufacturing and exporting
_____________ could be deposited for a period of five years
without payment of duty on conditions hereinafter set out as
specified on sub section (1) of Section 59 of the Customs Act,
1962 (hereinafter referred to as the Act) which conditions
we the Importers hereby accept.
AND
WHEREAS the said Assistant Commissioner of Customs has under
sub-section (2) of section 59 of the Act permitted us the
Importers to enter into a general bond, binding ourselves in a
sum equal to twice the amount of duty assessed on the said
goods as above written, for the purpose of sub-section (1) of
the said section 59.
AND
WHEREAS on compliance with the provisions of the said section
59 as aforesaid, the proper officer has made an order under
section 60 of the Act permitting us the Importers to deposit
the aforesaid goods in the said private warehouse without
payment of duty.
AND
WHEREAS pursuant to sub-section (1) of section 65 of the said
Act, the said Assistant Commissioner of Customs has accorded
sanction to us the Importers, on payment of the prescribed fee
of Rs.NIL and the prescribed conditions hereinafter set out,
which conditions we the Importers hereby accept, to carry on
at the said warehouse for processes and operations of
manufacturing and exporting of rubber parts in relation of the
goods warehoused.
AND
WHEREAS the proper officer under section 67 of the Act, has
permitted as the Importers to remove the said goods from the
said warehouse without payment of duty and despatch the same
by air, rail or road, when required bona fide to do so to the
warehouse located on the premises of
_______________________________________________ subject to the
prescribed conditions set out here in after for the due
arrival of the said goods at the said warehouse at
________________________________ which conditions we the
importers hereby accept.
AND
WHEREAS the Government has exempted the said goods imported by
us the Importers for manufacturing ___________________________
as here in before started for export out of India by us the
Importers who have been approved for 100% Export Oriented
Undertaking by the Board of Approval, from the whole of the
duty of customs and additional duty, if any, leviable thereon,
subject to the conditions hereinafter set out and specified in
notification No.13/81 dated 09.02.1981 is amended up to date
which conditions we the Importers hereby accept.
NOW
THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT :-
1. We the Importers shall observe all the
provisions of the act and rules and regulations in respect of
the said goods.
2. We the Importers shall pay on or before a
date specified in a notice of demand all duties, and rent
charges claimable on account of the said goods under the act,
together with interest of the same from the same date so
specified at the rate 10% p.a or such other rate as is for the
time being fixed by the central board of excise and
customs.
3. We the Importers
shall discharge all penalties incurred for violation of the
provisions of the act, rules and regulations in respect of the
said goods within a period of 30 days or five years as the
case may be from the date of the order permitting the deposit
the deposit of the said goods at the said warehouse without
payment of duty or within such further time as may be extended
by the Commissioner of Customs or by the said board on a
specific request made by us the importers and also pay
interest at a rate of 20% p.a. or such rate as is for the time
being fixed by the board from the expirty of the above said
period till the date of clearance of goods.
4. We the Importers
shall furnish to the Assistant Commissioner of Customs of
Division I evidence to his satisfaction within a period of
three months from the date of despatch form the warehouse at
Calcutta, Bangalore, Madras, Bombay, ICD/CFS, New Delhi, IG
Air Cargo, New Delhi, IG Air Cargo, New Delhi or any
other place which further would be intimated to you that the
said goods duly arrived at the warehouse at
_________________________________________________.
5. We the Importers
shall be wholly and soley responsible for ensuring that there
shall be no pilferage during transit of the said goods from
the warehouse at Calcutta, Bangalore, Madras, Bombay, ICD/CFS,
New Delhi, IG Air Cargo Complex, New Delhi or any other place
which further would be intimated to you to the ware house at
____________________________________ and we the Importers
shall pay the duty on the pilfered goods if any
notwithstanding section 13 of the act.
6. We the Importers shall observe and comply
with all the provisions of the manufacture and other
operations in warehouse regulations, 1996 and such other
condition as may be imposed by the proper officer for carrying
out the purpose of the aforesaid regulations.
7. We the Importers shall
maintain detailed accounts of all imported and other goods
used in the manufacturing processes and operation in proper
form including of those remaining in stock and shall produce
such accounts for inspection of the proper office when
directed by him.
8. We the Importers shall
provide to the officers of customs stationed at the warehouse
for central and supervision of the manufacturing process and
other operations such amenities as may be specified by the
proper officer.
9. We the Importers shall pay all charges
including pay, allowance, leave and pensionery charges of such
officer.
10.We the importers shall
11.We the Importers declare
that we the importers have been granted necessary licence for
the Import of the said goods for the purpose of manufacturing
rubber parts for being used in connection with the production
and packaging of goods for export out of India.
12.We the importers shall
carry out the manufacturing operations in Customs bond and
subject to other condition may be specified by the Assistant
Commissioner of Customs in the behalf.
13.We the Importers shall
export out of India 100% or such other percentage as may be
fixed the board of approvals manufactured wholly or partly
from the said goods for the per-stipulated by the said board
or such extended period as may be specified by the said
board.
14.We the Importers shall on
the clearance of five percent of the articles so manufactured
or so other percentage as may be fixed by the said board which
were allowed to be sold in India being the nature of rejects,
pay a sum equivalent to the duty of excise payable on such
article under section 3 of the Central Excise and Salt Act,
1944 which have not been exported.
15.We the Importers shall on
the expiry of the period referred to in the condition 13
above,
.. pay the following duties namely:-
a) Customs duty on
capital goods material handling equipment, office equipment,
.. power plants or as the case may be, captive generating
sets, on depreciated value by at
. Rates prevalent at the
time of debonding and
b) Customs duty on
unused Imported raw material or component on the value at the
time of Import and at the rates in force at the time of
clearance.
16.We the Importers shall
fulfill the export obligations and conditions stipulated in
notification No.13-Cus dated 09.02.1981 as amended up to date
and in or under the Import and Excise Policy for 1st April,
1997 to 31st March, 2002, as amended amended from time to
time, and to pay demand, an amount equal to the duty leviable
on the goods as are not proved to the satisfaction of the
Assistant Commissioner of Customs to have been used in the
manufacture of articles export and any penalty imposed under
the Customs Act, 1962.
17. We the Importers shall, for clearance of the
scrap or waste arising in the course of manufacture of the
said article, pay an amount equal to the duty which could have
been leviable on the scrap on waste material had it been
imported as such scrap or waste material.
18. We the importers shall
not clear the scrap or waste material as aforesaid in excess
of percentage fixed in this regard by the said Board, and we
the Importers shall, if the scraft, waste material as
aforesaid is cleared in excess in excess of the percentage
fixed by the said Board, an amount equal to the duty on other
material out of which the scrap or waste material arisen on
the excess quantity.
19. We the Importers shall,
if the article so manufactured are not exported out of India
and allowed to be sold in India under and in accordance with
the aforesaid Import and Export Policy as amended from time to
time and in such quantity and subject to such other
limiatations and conditions as may be specified in this behalf
by the Director General of Foreign Trade,
.. duty of excise
leviable on such articles under Section 3 of the Central
Excise and Salt Act 1944.
20. We the Importers shall
comply with the conditions and limitations stipulated in the
said Import and Export policy as amended from time to time or
the Commissioner of Customs permitting the goods imported into
India for the purpose aforesaid of the articles manufactured
packaged therefrom to be taken outside the undertaking
temporarily, without payment of duty for repairs, processing
or display.
21. We the importers shall
pay to the Government through the Commissioner of Customs at
. Difference between the duty finally assessed and the
duty provisionally assessed in respect the goods
imported.
22. We the Importers
shall pay to the Government through the Commissioner of
Customs
. Penalty, if any, that may be adjudicated in lieu
of the said goods for importation of the said goods or part
thereof without a valid Import Licence.
If each and every one of the
above condition duly complied with by us the Importers, the
above written bond shall be void and of no effect; otherwise
the same shall remain in full force an effect and virtue.
It is hereby declared by us
the Importers and Government as follows:
1. The above written bond shall continue in
force notwithstanding the transfer of the goods any other
person or removal of the said goods any other person or
removal of the said goods from one warehouse to another
warehouse.
2. The above written bond is
given for the performance of an act which the public as
interested.
3. The Government through the
Commissioner of Customs or any other officer of Customs
recover the sum due from the importers in the manner laid down
in sub section (1) Section 142 of the Act without prejudice to
any other mode of recovery.
4. The validity of the above
written bond is for 5 years from o2 day of September,
1999.
TABLE
Marks &
Number |
No. of
Packages |
Description of
goods |
Quantity
|
|
|
|
|
Assessable Value |
Rate of
duty |
Amount of duty
|
|
|
|
Signed, sealed and
delivered by the Importers above named this ___ day of
_____________ presence of:
1. Name
:
Address
:
2. Name
:
Address
:
|