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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.

No.	Description of goods

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

No.	Description of material

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

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

No.	Description of material

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)

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)

8.	a. Acquisition of land b. Erection of Building c. Electricity d. Water e. Telephone/Fax Employment:	: Yes No
		: To Start/ Started Over/Building	purchased Available Available Available
		: Not applied Applied on
		: Not applied Applied on
		: Not applied Applied on

a)	No. of Men Workers employed in the unit	Managerial Skilled	Unskilled
b) c)	No. of Women workers employed in the unit TOTAL:	Managerial Skilled	Unskilled
9.	Imports during the quarter (Rupees in	Lakhs) Cumulative During the Quarter

a. Value of Capital Goods imported

b. 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

Date of export :

Name of Importer:

Address:

Amount

(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)

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

32. opening balance of indigenous

RM/Consumables etc., during the year

33. Purchase of indigenous

RM/Consumables etc during the year

34. Cumulative balance of indigenous

RM/consumables purchased during the year

34(A) Imported RM/consumables etc. not utilized beyond five years.

DTA SALE

35.	(a) Sales of goods effected in DTA if any	Quantity	Value
	(b) Sales of rejects in DTA if any:	Quantity	Value
	(c) Sale of Waste/Scrap/Remnant	Quantity	Value
	(d) Sale of by product
	(e) Total	Quantity	Value
36.	DTA sale on full duty	Quantity	Value
37.	Items of manufacture/service Annual capacity (at the end of financial year)
38.	Foreign/NRI/Indian investment (to be submitted annually)	Foreign/NRI	Indian
	i) Authorised capital
	ii) Paid up capital

iii) Foreign Direct Investment -

iv) NRI capital

(I) Approved

(II) Actual Inflow during the year

(III) Cumulative balance for the year

(I) Approved

(II) Actual Inflow during the year

(III) Cumulative balance for the year

39. Employment:

No. of Male Workers employed in Total Managerial

the unit

Skilled Unskilled

No. of Women workers employed Total Managerial

Skilled Unskilled

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

Sl. No.	Service Code	Description
1.	99541	Construction services of buildings
2.	99542	General construction services of civil engineering works
3.	99543	Site preparation services
4.	99544	Assembly and erection of prefabricated constructions
5.	99545	Special trade construction services like Pile driving and foundation services, Building framing & Roof Framing services, Roofing and waterproofing services, Concrete services, Structural steel erection services etc.
6.	99546	Installation services
7.	99547	Building completion and finishing services
8.	99611	Wholesale trade services provided for a fee/commission or contract basis
9.	99621	Retail trade services provided for a fee/commission or contract basis
10.	99631	Accommodation services for visitors by Hotels, INN, Guest House, Club etc., Camp site services and Recreational and vacation camp services
11.	99632	Other accommodation services for students in student residences, accommodation services provided by Hostels, Camps, Paying Guest etc. or other room or unit accommodation services n.e.c.
12.	99633	Food, edible preparations, alcoholic & non-alcoholic beverages serving services
13.	99641	Local transport and sightseeing transportation services of passengers
14.	99642	Long-distance transport services of passengers
15.	99651	Land transport services of Goods
16.	99652	Water transport services of goods
17.	99653	Air and space transport services of goods
18.	99660	Rental services of transport vehicles with or without operators
19.	99671	Cargo handling services
20.	99672	Storage and warehousing services
21.	99673	Supporting services for railway transport
22.	99674	Supporting services for road transport
23.	99675	Supporting services for water transport (coastal, transoceanic and inland waterways
24.	99676	Supporting services for air or space transport
25.	99679	Other supporting transport services
26.	99681	Postal and courier services
27.	99691	Electricity and gas distribution services
28.	99692	Water distribution and other services
29.	99711	Financial services (except investment banking, insurance services and pension services)
30.	99712	Investment banking services
31.	99713	Insurance and pension services (excluding reinsurance services)
32.	99714	Reinsurance services
33.	99715	Services auxiliary to financial services (other than to insurance and pensions)
34.	99716	Services auxiliary to insurance and pensions
35.	99717	Services of holding financial assets
36.	99721	Real estate services involving owned or leased property
37.	99722	Real estate services on a fee/commission basis or contract basis
38.	99731	Leasing or rental services concerning machinery and equipment with or without operator
39.	99732	Leasing or rental services concerning other goods
40.	997331	Licensing services for the right to use computer software and databases
41.	997332	Licensing services for the right to broadcast and show original films, sound recordings, radio and television programme etc.
42.	997333	Licensing services for the right to reproduce original art works
43.	997334	Licensing services for the right to reprint and copy manuscripts, books, journals and periodicals
44.	997335	Licensing services for the right to use R&D products
45.	997336	Licensing services for the right to use trademarks and franchises
46.	997337	Licensing services for the right to use minerals including its exploration and evaluation
47.	997338	Licensing services for right to use other natural resources including telecommunication spectrum
48.	997339	Licensing services for the right to use other intellectual property products and other resources n.e.c
49.	99811	Research and experimental development services in natural sciences and engineering
50.	99812	Research and experimental development services in social sciences and humanities
51.	99813	Interdisciplinary research services
52.	99814	Research and development originals
53.	99821	Legal services
54.	99822	Accounting, auditing and bookkeeping services
55.	99823	Tax consultancy and preparation services
56.	99824	Insolvency and receivership services
57.	998311	Management consulting and management services including financial, strategic, human resources, marketing, operations and supply chain management
58.	998312	Business consulting services including public relations services
59.	998313	Information technology (IT) consulting and support services
60.	998314	Information technology (IT) design and development services
61.	998315	Hosting and information technology (IT) infrastructure provisioning services
62.	998316	IT infrastructure and network management services
63.	998319	Other information technology services n.e.c
64.	99832	Architectural services, urban and land planning and landscape architectural services
65.	99833	Engineering services
66.	99834	Scientific and other technical services
67.	99835	Veterinary services
68.	99837	Market research and public opinion polling services
69.	99838	Photography & Videography and their processing services
70.	99839	Other professional, technical and business services
71.	99841	Telephony and other telecommunications services
72.	99842	Internet telecommunications services
73.	99843	On-line content services
74.	99844	News agency services
75.	99845	Library and archive services
76.	99846	Broadcasting, programming and programme distribution services
77.	99851	Employment services including personnel search/referral service & labour supply service
78.	99852	Investigation and security services
79.	99853	Cleaning services
80.	99854	Packaging services
81.	99855	Travel arrangement, tour operator and related services
82.	99859	Other support services not included in 99851,99852,99853, 99854 and 99855
83.	99861	Support services to agriculture, hunting, forestry and fishing
84.	99862	Support services to mining
85.	99863	Support services to electricity, gas and water distribution
86.	99871	Maintenance and repair services of fabricated metal products, machinery and equipment
87.	99872	Repair services of other goods
88.	99873	Installation services (other than construction)
89.	99881	Food, beverage and tobacco manufacturing services on physical inputs (goods) owned by others
90.	99882	Textile, wearing apparel and leather manufacturing services on physical inputs (goods) owned by others
91.	99883	Wood and paper manufacturing services on physical inputs (goods) owned by others
92.	99884	Petroleum, chemical and pharmaceutical product manufacturing services on physical inputs (goods) owned by others
93.	99885	Rubber, plastic and other non-metallic mineral product manufacturing service on physical inputs (goods) owned by others
94.	99886	Basic metal manufacturing services on physical inputs (goods) owned by others
95.	99887	Fabricated metal product, machinery and equipment manufacturing services on physical inputs (goods) owned by others
96.	99888	Transport equipment manufacturing services on physical inputs (goods) owned by others
97.	99889	Other manufacturing services on physical inputs (goods) owned by others
98.	99891	Publishing, printing and reproduction services
99.	99892	Moulding, pressing, stamping, extruding and similar plastic manufacturing services
100.	99893	Casting, forging, stamping and similar metal manufacturing services
101.	99894	Materials recovery (recycling) services, on a fee or contract basis
102.	99911	Administrative services of the government
103.	99912	Public administrative services provided to the community as a whole
104.	99913	Administrative services related to compulsory social security schemes
105.	99921	Pre-primary education services
106.	99922	Primary education services
107.	99923	Secondary Education Services
108.	99924	Higher education services
109.	99925	Specialized education services
110.	99929	Other education & training services and educational support services
111.	99931	Human health services
112.	99932	Residential care services for the elderly and disabled
113.	99933	Other social services with accommodation
114.	99934	Social services without accommodation for the elderly and disabled
115.	99935	Other social services without accommodation
116.	99941	Sewerage, sewage treatment and septic tank cleaning services
117.	99942	Waste collection services
118.	99943	Waste treatment and disposal services
119.	99944	Remediation services
120.	99945	Sanitation and similar services
121.	99949	Other environmental services not elsewhere classified.
122.	99951	Services furnished by business, employers and professional organizations services
123.	99952	Services furnished by trade unions
124.	99959	Services furnished by other membership organizations
125.	99961	Audiovisual and related services
126.	99962	Performing arts and other live entertainment event presentation and promotion services
127.	99963	Services of performing and other artists
128.	99964	Museum and preservation services
129.	99965	Sports and recreational sports services
130.	99966	Services of athletes and related support services
131.	99969	Other amusement and recreational services
132.	99971	Washing, cleaning and dyeing services
133.	99972	Beauty and physical well-being services
134.	99973	Funeral, cremation and undertaking services
135.	99979	Other miscellaneous services like escort services etc.
136.	99980	Domestic services
137.	99990	Services provided by extraterritorial organizations and bodies

Annexure-VI

Service Exports Reporting Form

Service & Software Export Reporting Form

Part A: General Information Section

Request ID
Name & Address of Exporter (SEZ/STPI unit)		IEC Code
Name & Address of Exporter (SEZ/STPI unit)		GSTIN
LOA Number		LOA Date
SEZ Name/STPI Directorate		Location & Port Code for SEZ
Date of submission		Reporting Month

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

Sr. No.	Client Nam e	Client Address	Country	Contract/ Agreement No. & Date	Software Type*	Invoice No.	Invoice Date	Currency	Value of Software Exports	Deduction (if any)	Net Realizable Value

B2: Software Exports (Onsite)

Sr. No.	Clien t Nam e	Client Addres s	Countr y	Contract/ Agreemen t No. & Date	Softwar e Type*	Invoic e No.	Invoic e Date	Currenc y	Value of Softwar e Exports	Deductio n (if any)	Net Realizabl e Value

B3: Royalty from Software

Sr. No.

Client Nam e

Client Addres s

Countr y

Contract/ Agreemen t No. &

Date

Softwar e Type*

Invoic e No.

Invoic e Date

Currenc y

Royalt y Value

Deductio n (if any)

Net Realizabl e Value

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

Sr. No.

Service Code*

Service Category Name

Client Nam e

Client Address

Country

Contract/ Agreement No. & Date

Invoice No.

Invoice Date

Currency

Value of Export

Deduct-ion

Net Realizable Value

* 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