APPENDIX-6E

FORM OF LEGAL AGREEMENT FOR EOU/EHTP/STP/BTP

(Please see Paras 6.02 (a), 6.03 (a) and 6.11 (a) of HBP)

An     agreement      made this day    of 20    between M/s.

(indicate legal status i.e. a company or firm) an Export Oriented Unit / having its registered office at and factory/service unit at(hereinafter referred

to as “the unit” which expression shall include its successors and assigns) of the one part and the President of India acting through Development Commissioner (DC) of.........................SEZ (hereinafter referred to as

“Government” which expression shall include his successors in office and assigns) of the other part.

Whereas the Government has communicated vide Letter No.dated_________to the Unit the

terms and conditions for setting up the EOU unit for manufacture/service of and the Unit has

duly accepted the said terms and conditions vide their letter No.dated.

AND WHEREAS the unit has been permitted to import/purchase indigenously Plant and Machinery, raw materials, components, spares and consumables with or without payment of duties and/or taxes as provided in para 6.01 (d) (ii) & (iii) of FTP, detail given at ANNEXURE-I.

And whereas a license has been granted to the unit by the Government, subject to the achievement of positive NFE as provided for in EOU Scheme.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

• 1. The unit shall achieve positive NFE as per Para 6.04 of FTP.

• 2. Such performance shall be subject to annual monitoring by the Development Commissioner (DC) having

jurisdiction over its activities under the guidelines issued by the Ministry of Commerce, Government of India from time to time and the unit shall be liable for penalty under the Foreign Trade (D&R) Act, 1992 as amended from time to time for failure to fulfill such obligation. For the purpose of counting NFE under the EOU scheme, exports to Nepal or Bhutan shall qualify, if payment is made in Foreign Exchange.

• 3. The unit shall intimate the date of commencement of the production for export within one month of such

date to the concerned Development Commissioner.

• 4. The unit shall not dispose of its production in the domestic market except in terms of the provisions of

EOU Scheme and/or when specifically allowed by the competent authority.

• 5. The unit under implementation shall submit quarterly report to the concerned Development

Commissioner in the prescribed format at ANNEXURE-II. They shall also submit a copy of the same to Jurisdictional AC/DC of Custom/GST.

• 6. The Unit shall after the commencement of production/operation, submit to the concerned Development

Commissioner, quarterly performance report in the prescribed format at ANNEXURE-III for the period ending March/June/September and December every year within 30 days of the close of quarter through e-mail giving details of the imports/exports effected and purchases made from the Domestic Tariff Area by the Unit during the period. An annual performance report shall also be submitted in the prescribed format given at ANNEXURE-IV within a period of 90 days following the close of financial year failing which further imports and DTA sale will not be permitted. Annual Performance Reports shall be certified by a Chartered Accountant/Cost Accountant. In case of wrong submission of such information or failure to submit such information within the stipulated time, DC may withdraw the permission granted to the unit for operation. They shall also submit a copy of QPR/APR to Jurisdictional AC/DC of Customs/GST.

6A.       STP unit shall file, every month, report of services exports in respect of the services classified in

Annexure V of Appendix-6E in the ‘Service Exports Reporting Form (SERF)’ prescribed in Annexure-VI of Appendix 6E of Appendices & ANFs to the designated officer in STP. Use of SERF would be limited to capturing information on services exports from STPs.

• 7. In the event of the Unit failing to fulfill the terms & conditions of Letter of Permission(LOP) / Letter of

Intent (LOI) and NFE as prescribed in the EOU Scheme, except when the fulfillment of such conditions is prevented or delayed because of any law & order, proclamation, regulation/ordinance of the Government or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines given at APPENDIX-6F of the EOU Scheme, the unit would be liable for penal action under the provisions of Foreign Trade (Development & Regulation) Act, 1992, as amended and the Rules & Orders made there under.

• 8. The unit shall also be subject to the conditions stipulated and required for availing exemption

from duty of Customs, Integrated GST and GST Notifications and any customs duties/GST/Compensation Cess and interest payable to / leviable by the Government for failure to fulfill such conditions shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions of Section 142 of the Customs Act, 1962/Section II of the Central Excise Act, 1944 and rules made there under and/or from any payment due to the Unit from the Government.

• 9. Any order issued by the Government in this regard shall be final and binding and the Unit thereby

undertakes to comply unconditionally with such an order.

• 10. The unit shall be bound by the changes made in the provisions of EOU Scheme from time to time.

• 11. The unit shall have an operational Web-Site.

• 12. Any changes in the Board of Directors/Partners, telephone No., E-mail address, Web-Site, Pass port

No., Bank Address and Factory address shall be duly intimated by the unit within a fortnight.

• 13. Any Stamp Duties payable on this document or any document executed thereunder shall be borne by

the Unit.

In witness thereof the common seal of has been here into affixed and for and on behalf

of has set and subscribed his hands here into. Common seal of the within named Unit has been

affixed here into in the presence.

Signature of (i) Shri_____________________

(Residential address)

Director and (ii) Shri Director who have been duly authorized for the purpose by a resolution of the

Board of Directors of the Company passed at the meeting held on and who have

signed          in          the          presence          of.

• 1. (Name, Designation and Address)
  
  (Tel. No.
  (E-mail Address & web-site)

  2. (Name, Designation and Address)
  
  (Tel. No.

  (E-mail Address & web-site)

Signed for and on behalf of the President of India

By Shri in the presence of

• 1. (Name, Designation and Address)

• 2. (Name, designation and Address

EXEMPTION MATERIALS (Exemptions subject to as specified in para 6.01 (d) (ii) and (iii) of FTP

1.          Plant, Machinery and Equipment to be imported.

2.          Raw Materials, Components and Consumables to be imported.

• 3. Plant, Machinery and Equipment and Raw Material, Components and Consumables to be

indigenously produced and purchased without payment of Excise/GST Duties.

PERIOD OF REPORTING: (APRIL-JUNE) (JULY-SEPTEMBER) (OCTOBER-DECEMBER) (JANUARY-MARCH)

QUARTERLY PROGRESS REPORT FOR THE EOU / UNITS WHICH ARE UNDER IMPLEMENTATION

• 1. details of the unit :

• (a) Name of the unit

• (b) iec no.

• 2. location of the factory & full address:

• a. Address

• b. Phone No.

• c. fax no.

• 3. Regd..Office

• a. Address

• b. Phone No.

• c. Fax No.

• d. Permanent E-Mail Address:

• e. Web-Site

• 4. Approval No. and date

• 5. Item of manufacture/service - Annual Capacity

(Details of all items to be provided) a)

b)

• 6. Green Card No. and date

and the period of validity             :

• 7. Present position in regard to

setting up of the unit (Tick whichever

is applicable)

a.

Value of Capital Goods imported

Value of Raw Materials, Components etc. imported

• c. Value of indigenous Capital Goods

purchased.

• d. Value of Industrial Raw Materials

Components etc. purchased.

• 10. Date likely to commence production :

• 11. Any other information

  (Signature with seal of the company)

  
  

  Place:__________________

  Date:__________________

  
  

FORMAT FOR QUARTERLY REPORT FOR THE WORKING UNITS

PERIOD OF REPORTING: QUARTERLY (APRIL-JUNE)(JULY-SEPTEMBER)(OCTOBER DECEMBER)(JANUARY-MARCH)

• 1. name of the unit & location

• 2. (a) Permanent E-mail Address (Compulsory)

• (b) Web Site

• 3. Date of commencement of production:

Details of production figures:

Quantity (MT/pieces)     Value (Rs. in lakhs)

EXPORT(INFLOW)             (Rs. in Lakhs)            $ in Million

• 4 (i).     FOB value of exports for the

Quarter

• a) GCA exports

• b) RPA exports

• c) Total:

• ii) .      Supply under para 6.08 of FTP during the quarter.

• iii) .      Cumulative exports supply under para 6.08 of FTP to the current quarter

IMPORT(OUTFLOW)                                         (Rs. in Lakhs)

5(i). Cumulative import of

RM/consumable etc. during the quarter

• ii) .      Cumulative import of RM/Consumables

etc., consumed up to the quarter

• iii) .      Cumulative import of capital goods including spares

up to the quarter.

• 6. Net foreign exchange earning                       Achieved

(NFE)(Column 4 - Column 5 {ii}+Column 5 {iii})

• 7. Indigenous procurement Quantity/Value (Rs in Lakhs)

• (i) Cumulative domestic procurement of RM/Consumables etc. during the quarter.

• (ii) Cumulative domestic procurement of RM/Consumables etc. consumed up to the quarter.

• (iii) Cumulative domestic procurement of capital goods including spares up to the quarter.

• 8. Duties and/or taxes foregone on indigenous procurement (Rs in Lakh)

DTA SALE

• 9. DTA sale

  Quantity

  
  

  Value

  
  

• 10. Cases of pending Foreign Exchange

Cases of pending Foreign Exchange realization outstanding for more than 9 months at the end of last quarter/ financial year

(SIGNATURE) With Seal of Co.

Notes :

• 1. The above information should be given separately for each Letter of Permission.

• 2. QPRs must be submitted electronically only if the zones have provided online facilities.

• 3. The signature of the authorised signatory of the unit must be sent to the zone electronically.

FORMAT FOR ANNUAL PROGRESS REPORT FOR THE WORKING UNITS

PERIOD OF REPORTING: ANNUAL (APRIL-MARCH)

1. details of the unit

• a) Name of the Unit

• b) IEC. No.

• 2. PERIOD OF REPORTING

• 3. Approval No. & Date

• 4. Item of manufacture/service - Annual Capacity

(Details of all items to be provided)

• a)

• b)

• 5. Factory Location/Address/ Telephone No.

• 6. Regd. Office Address/Tel/Fax No

• 7. (a) Permanent E-mail Address (Compulsory)

• (b) Web Site

• 8. Date of commencement of Production

Details of production figures

Quantity(MT/pieces)      Value(Rs. in lakhs)

• 9. Details of Foreign Exchange

Inflow/Outflow

EXPORT(INFLOW)             (Rs. in Lakhs)            $ in Million

• 10. fob value of exports for the

Year

• a) GCA exports

• b) RPA exports

• c) Total:

• 11. (a) goods sold in dta in terms of para 6.08 (b) of the chapter 6 of the foreign trade policy

• 12. Cumulative exports up to the current year

• 13. Cumulative exports up to the previous year

• 14. Country-wise details of exports

(Rs. in Lakhs)             $ in Million

• 15. opening balance of imported

RM, Consumables etc., during the year

• 16. Raw Materials/consumables

/components etc. imported during the year

• 17. RM/consumables etc.

transferred to other units during the year

• 18. RM/consumables etc.

received under the inter-unit transfer during the year

• 19. Cumulative import of

RM/consumable etc. during the year

• 20. Imported RM/Consumables/ etc., consumed during the year

20(A)   Imported RM/consumables etc. not utilised beyond five years.

• 21. Closing balance of imported RM/Consumables

etc. at the end of year

• 22. Opening balance of imported capital goods including spares (Value of capital goods year-wise since

inception to be annexed)

• 23. Import of capital goods including spares

during the year

• 24. Capital goods including spares received under

inter-unit transfer

• 25. Capital goods including spares transferred under inter-unit

transfer

• 26. Cumulative imports of capital goods including spares

during year.

26 A Sub-Total [Column No. 20 + Column 26]

• 27. Other FE Outflow (Royalty/ technological know-how/investment /Dividend payment/Travel/Commission

etc.) during the year

27 B TOTAL OUTFLOW [Column No. 20 + 26 +27]

• 28. Net foreign exchange earning                    Achieved

• 29. opening balance of indigenous

capital goods including spares during the year

• 30. purchase of indigenous

capital goods during the year

• 31. cumulative balance of indigenous

capital goods purchased during the year

in the unit

c)      TOTAL: (a + b)

• 40. OTHER INFORMATION:

  a	Overseas Investment Overseas investment made by the unit at the end of last year
  	A)      Less than one year				Amount in $
  b	Cases of pending Foreign Exchange Cases of pending Foreign Exchange realization outstanding for more than 180/360 days at the end of financial year
  	Date    of Export	Name  & Address of Importer	Date and number of Shipping Bills	Amount pending realization	Reasons for non realization
  c	External commercial borrowing External commercial borrowing pending at the end of last year (a) Less than three years            Amount in $ (b) More than three years               -do-
  d	Revenue contribution Revenue contribution by units (a) (i) GST Taxes and compensation cess under GST on DTA sale during the financial year. (ii) Excise duty on DTA sale during the financial year. (iii) Customs duties paid on account of reversal of exemption of duties availed on the inputs on DTA sale (b) Income tax paid, if any, during the financial year (c) Taxes, cess duties & levies (including CST paid on domestic procurement). (d) Tax deducted at source in respect of employees
  e	Duties and/or taxes and compensation cess foregone by way of exemption/refund (Rs. in Lakh) (i) On import (ii) Om indigenous procurement

It is certified that no shipment other than mentioned above are pending realization beyond stipulated period/period as extended by RBI.

(SIGNATURE)

With Seal of Co.

Notes:

• 1) The above information should be given separately for each Letter of Permission.

• 2) The information given in the formats for APRs should be authenticated by the authorized signatory

of the unit and should be certified for its correctness by a Chartered Accountant/Cost Accountant with reference to the account records and registers maintained by the unit.

• 3) APRs must be submitted electronically only if the zones have provided online facilities.

• 4) The signature of the authorised signatory of the unit must be sent to the zone electronically.

Annexure V

Classification for Service Exports Reporting Form based on Services Classification Code

Annexure-VI

Service Exports Reporting Form

Service & Software Export Reporting Form

Part A: General Information Section

Part B: Service Exports (IT & IT enabled Services) B1: Software Exports (Offsite)

B2: Software Exports (Onsite)

B3: Royalty from Software

Part C: Service Exports other than IT & IT enabled Services

* Code for Service Export Category will be available as a master value

Part D: Exporter Declaration

As per instructions/circulars/public notice issued in this regard, we are submitting herewith the details of all the invoices issued by SEZ /STPI Unit towards export of services. It is submitted herewith that these services exports pertain directly to the SEZ/STPI Unit and are eligible to be considered as exports of the SEZ/STPI Unit and export proceeds will be realized in accordance with the norms stipulated by RBI from time to time.

Place ........................ Date ................................. Name & Designation