Components of fuel efficient motor car of engine capacity not exceeding 1000 cc - 505/86 - Customs -Tariff

Components of fuel efficient motor car of engine capacity not exceeding 1000 cc Notification No. 505/86-Cus. Dated 24-12-1986 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue) specified in column (2) of the Table hereto annexed shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table. TABLE S. No. Notification No. and date Amendment (1) (2) (3) 1. Notification No. 29/83-Customs, dated the 25th February, 1983 In the said notification, - (a) in the opening paragraph, - (i) in clause (i) and (ii), for the words "Department of Heavy Industry" wherever they occur, the words "Department of Industrial Development" shall be substituted; (ii) in clause (ii), the word "and" occurring at the end shall be omitted, and after clause (iii), the following clause shall be inserted, namely :- "(iv) the importer produces a certificate from the Industrial Adviser in the Directorate General of Technical Development showing the details of the degree of indigenisation required to be achieved under the aforesaid programme and the actual degree of indigenisation achieved in the preceding financial year and in a case where the degree of indigenisation achieved in the preceding financial year is lower than the degree as per the approved programme, the importer also produces a certificate from an officer not below the rank of a Joint Secretary in the Ministry of Industry (Department of Industrial Development) certifying that the failure in achieving the required degree of indigenisation is on account of valid reasons to be recorded in writing and that such failure is marginal."; (iii) in the Explanation , - (a) for the words and brackets "(Department of Heavy Industry)", the brackets and words "(Department of Industrial Development) (certificate issued in this regard hereinafter referred to as fuel efficiency certificate)" shall be substituted; (b) the words and brackets "or the Automotive Research Association of India, Pune (Maharashtra)" shall be omitted; (c) in clause (b), the word "and" occurring at the end shall be omitted, and after clause (c), the following clause shall be inserted, namely :-"(d) the fuel efficiency test shall be conducted on five motor cars selected at random by the testing agency from the production plant and the lowest of the test figures shall be relevant for the purpose of issuing fuel-efficiency certificate."; (b) After paragraph 1, the following paragraphs shall be inserted, namely :- "2. The fuel-efficiency certificate so issued shall be valid for a period of six months from the date of issue. 3. Where an importer is entitled for exemption under this notification but is not able to produce a fuel efficiency certificate at the time of importation such importer shall undertake to the Assistant Collector of Customs that he will produce such fuel-efficiency certificate within a period of eight weeks or such further extended period not exceeding four weeks as may be determined by the Collector of Customs and also undertake to pay an amount equal to the difference between the duty leviable but for the exemption contained herein and that already paid at the time of importation, if he fails to produce the fuel efficiency certificate within the said period."; (c) the existing paragraph 2 shall be renumbered as paragraph 4. 2. No. 6/84-Customs, dated the 10th Jan., 1984. In the said notification, - (a) in the opening paragraph, (i) in clause (i), the word "and" occurring at the end shall be omitted; (ii) in clause (ii), for the words "Department of Heavy Industry", the words "Department of Industrial Development" shall be substituted; (iii) after clause (ii), the following clause shall be inserted, namely :- "(iii) that such fuel-efficient motor cars are manufactured under a phased manufacturing programme duly approved by the Ministry of Industry and the Industrial Adviser of the Directorate General of Technical Development in the Ministry of Industry and the importer produces a certificate from the Industrial Adviser in the Directorate General of Technical Development showing the details of the degree of indigenisation required to be achieved under the aforesaid programme and the actual degree of indigenisation achieved in the preceding financial year and in a case where the degree of indigenisation achieved in the preceding financial year is lower than the degree as per the approved programme, the importer also produces a certificate from an officer not below the rank of a Joint Secretary in the Ministry of Industry (Department of Industrial Development) certifying that the failure in achieving the required degree of indigenisation is on account of valid reasons to be recorded in writing and that such failure is marginal."; (iv) in the Explanation, - (a) for the words and brackets "(Department of Heavy Industries)", the brackets and words "(Department of Industrial Development) (certificate issued in this regard hereinafter referred to as the fuel efficiency certificate)" shall be substituted; (b) the words and brackets "or the Automotive Research Association of India, Pune (Maharashtra)" shall be omitted; (c) in clause (b), the word "and" occurring at the end shall be omitted and after clause (c), the following clause shall be inserted, namely :- "(d) The fuel-efficiency test shall be conducted on five motor cars selected at random by the testing agency from the production plant and the lowest of the test figure shall be relevant for the purpose of issuing the fuel-efficiency certificate.") (b) for paragraph 2, the following paragraphs shall be inserted, namely :- "2. The fuel-efficiency certificate so issued shall be valid for a period of six months from the date of issue. 3. Where an importer is entitled for exemption under this notification but is not able to produce a fuel-efficiency certificate at the time of importation such importer shall undertake to the Assistant Collector of Customs that he will produce such fuel-efficiency certificate within a period of eight weeks or such further extended period not exceeding four weeks as may be determined by the Collector of Customs and also undertake to pay an amount equal to the difference between the duty leviable but for the exemption contained herein and that already paid at the time of importation if he fails to produce the fuel-efficiency certificate within the said period. 4. This notification shall remain in force upto and inclusive of the 24th day of February, 1988." 3. No. 254/84-Customs, dated the 8th Oct., 1984. In the said notification, - (a) in the opening paragraph, - (i) the words and figures "of engine capacity not exceeding 1000 cubic centimetres" shall be omitted; (ii) in clauses (i) and (ii), for the words "Department of Heavy Industry", wherever they occur, the words "Department of Industrial Development" shall be substituted; (iii) in clause (ii), the word "and" occurring at the end shall be omitted, and after clause (iii), the following clause shall be inserted, namely :- "(iv) the importer produces a certificate from the Industrial Adviser in the Director General of Technical Development showing the details of the degree of indigenisation required to be achieved under the aforesaid programme and the actual degree of indigenisation achieved in the preceding financial year and in a case where the degree of indigenisation achieved in the preceding financial year is lower than the degree as per the approved programme, the importer also produces a certificate from an officer not below the rank of a Joint Secretary in the Ministry of Industry (Department of Industrial Development) certifying that the failure is achieving the required degree of indigenisation is on account of valid reasons to be recorded in writing and that such failure is marginal."; (iv) in the Explanation , - (a) after clause (i), the following clauses shall be inserted, namely :- "(ii) not less than 17 kilometres per litre of petrol in the case of a motor car of engine capacity exceeding 1000 cubic centimetres but not exceeding 1400 cubic centimetres; and (iii) not less than 15 kilometres per litre of petrol in the case of a motor car of engine capacity exceeding 1400 cubic centimetres."; (b) for the words and brackets "Department of Heavy Industry)", the words and brackets "(Department of Industrial Development) (certificate issued in these regard hereinafter referred to as the fuel efficiency certificate)" shall be substituted; (c) the words and brackets "or the Automotive Research Association of India, Pune (Maharashtra)" shall be omitted; (d) in clause (a), after sub-clause (i), the following sub-clauses shall be inserted, namely :- "(ii) with a payload of 375 kilograms in the case of a motor car of engine capacity exceeding 1000 cubic centimetres but not exceeding 1400 cubic centimetres; and (iii) with a payload of 450 kilograms in the case of a motor car of engine capacity exceeding 1400 cubic centimetres;"; (a) in clause (b), the word, "and" occurring at the end shall be omitted and after clause (c), the following clause shall be inserted, namely :- "(d) the fuel-efficiency test shall be conducted on five motor cars selected at random by the testing agency from the production plant and the lowest of the test figures shall be relevant for the purpose of issuing fuel efficiency certificate." (b) after paragraph 1, the following paragraphs shall be inserted, namely :- The fuel-efficiency certificate so issued shall be valid "2. for a period of six months from the date of issue. Where an importer is entitled for exemption under this 3. notification but is not able to produce a fuel-efficiency certificate at the time of importation such importer shall undertake to the Assistant Collector of Customs that he will produce such fuel-efficiency certificate within a period of eight weeks or such further extended period not exceeding four weeks as may be determined by the Collector of Customs and also undertake to pay an amount equal to the difference between the duty leviable but for the exemption contained herein and that already paid at the time of importation if he fails to produce the fuel-efficiency certificate within the said period.": (c) the existing paragraph 2 shall be renumbered as paragraph 4.