Notification No. 65/2008-Cus Dated 9/5/2008

Amendments in the Notifications Nos.49/2000-Cus Dated 27/4/2000, 44/2002-Cus dated 19 /4/2002, 55/2003-Cus Dated 1/4/2003, 97/2004-Cus Dated 17/9/2004-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 below, 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, namely :-

Table

S.No Notification No. and date Amendment
(1) (2) (3)
1. 49/2000-Customs, dated the 27 th April,2000 [Vide G.S.R 365(E), dated the 27 th April, 2000] In the said notification,-

(a) after paragraph 3, the following paragraph shall be inserted, namely,-

4. where the total exports of a sector or product group during the year 2007-08 has declined by more than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as against 2006-07;"

in the Explanation, in clause (4), after sub-clause (iii) the following sub-clause shall be inserted, namely,-

(iv) shall be, over and above, the average level of exports achieved by the licencee in the preceding three licencing years for same and similar products".
2. 44/2002-Customs, dated the 19 th April,2002 [Vide G.S.R 293(E), dated the the 19 th April, 2002] In the said notification,-

(a) after paragraph 3, the following paragraph shall be inserted, namely,-

4. where the total exports of a sector or product group during the year 2007-08 has declined by more than 5% as compared to the year 2006-07, average export obligation of the licencee for 2007-08 may be reduced proportionate to the reduction in exports of that particular sector or product group during 2007-08 as against 2006-07;"

in the Explanation, in clause (4), after sub-clause (iii) the following sub-clause shall be inserted, namely,-

(iv) shall be, over and above, the average level of exports achieved by the licencee in the preceding three licencing years for same and similar products".
3. 55/2003-Customs, dated the 1st April,2003 [Vide G.S.R 299(E), dated the 1st April, 2003] In the said notification,

(a) in paragraph 2, in condition (5), -

(i) for the words "and Vadinar", the words and brackets "Vadinar and Haldia (Halida Dock Complex of Kolkata Port)", shall be substituted;

(ii) for the words "and Indore", the words and brackets "Indore and Dabolim (Goa)", shall be substituted;

(b) after paragraph 3, the following paragraph shall be inserted, namely,-

" 4. where the total exports of a sector or product group during the year 2007-08 has declined by more than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as against 2006-07;"

in the Explanation, in clause (4), after sub-clause (ii) the following sub-clause shall be inserted, namely,-

"(iii) shall be, over and above, the average level of exports achieved by the licencee in the preceding three licencing years for same and similar products".
4. 97/2004-Customs, dated the 17 th September,2004 [Vide G.S.R 620 (E), dated the 17 th September, 2004] In the said notification,

(a) in paragraph 2, in condition (6),

(i) for the words "and Vadinar", the words and brackets "Vadinar and Haldia (Halida Dock Complex of Kolkata Port)", shall be substituted;

(ii) for the words "and Indore", the words and brackets "Indore and Dabolim (Goa)", shall be substituted;

(b) after paragraph 4, the following paragraphs shall be inserted, namely,-

" 5. where the total exports of a sector or product group during the year 2007-08 has declined by more than 5% as compared to the year 2006-07, the average export obligation of the licencee for 2007-08 may be reduced proportionate to the reduction in exports of that particular sector /product group during 2007-08 as against 2006-07";

(c) in "the Explanation, in clause (4), after sub-clause (ii) the following sub-clause shall be inserted, namely,-

"(iii) shall be, over and above, the average level of exports achieved by the licencee in the preceding three licencing years for same and similar products".
     

F. No.605/23/2008-DBK

(Jagmohan Singh)
Under Secretary to the Government of India.

Note:- (i) The Principal notification No.49/2000-Customs, dated the 27 th April, 2000 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- Section (1) vide number G.S.R 365 (E), dated the 27 th April, 2000 and was last amended by notification No.65/2004-Customs, dated the 22 nd June,2004 vide number G.S.R 376 (E), dated 22 nd June, 2004 .

(ii) The Principal notification No.44/2002-Customs, dated the 19 th April, 2002 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 293 (E), dated the 19 th April, 2002 and was last amended by notification No.65/2004-Customs, dated the 22 nd June,2004 vide number G.S.R 376 (E), dated 22 nd June, 2004. .

(iii) The Principal notification No.55/2003-Customs, dated the 1 st April, 2003 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (1) vide number G.S.R 299(E), dated the 1 st April, 2003 and was last amended by notification No.116/2007-Customs, dated the 30th November, 2007 vide number G.S.R 745 (E), dated 30th November, 2007.

(iv) The Principal notification No.97/2004-Customs, dated the 17 th September, 2004 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- Section (1) vide number G.S.R 620 (E), dated the 17 th September, 2004 and was last amended by notification No.116/2007-Customs, dated the 30th November, 2007 vide number G.S.R 745 (E), dated 30th November, 2007.