6.34

Administration of EOUs / Powers of DC / Designated Officer

DC / Designated Officer shall have following powers in respect to units. Jurisdiction of DC is given in Appendix 6 J of Appendices & ANFs.

(1) Conversion of sick / closed DTA unit into EOU;

(2) Conversion of EOU to STP / EHTP / BTP and vice-versa as per prescribed procedure;

(3) To allow increase in value of capital goods in terms of Indian Rupees, on account of foreign exchange rate fluctuations;

(4) To permit capacity enhancement without any limit in case of de-licensed industries only;

(5) Permit broad-banding for similar goods and activities mentioned in LoP or to provide for backward or forward linkages to existing line of manufacture;

(6) Authorize change in name of company or implementing agency and change from a company to another provided new implementing agency / company undertakes to take over assets and liabilities of existing unit;

(7) Permit change of location from place mentioned in LoP to another and / or include additional location provided that no change in other terms and conditions of approval is envisaged and that new location is within territorial jurisdiction of DC / Designated Officer;

(8) Extend validity period of LoP beyond initial validity period of LoP (except in case where there is a restriction on initial period of approval, like setting up of oil refinery projects) as per Paragraph 6.05 (a) of FTP;

(9) Cancel LoP wherever warranted;

(10) Permit merger of two or more units into one unit provided units fall within jurisdiction of same DC / Designated Officer subject to condition that activities are covered under provision of broad banding;

(11) Exercise powers of adjudication under Section 13 read with Section 11 of FT (D&R) Act, in respect of EOUs as mentioned in Gazette Notification No. SO. 194(E) dated 6.3.2000;

(12) Do valuation of exports declared on SOFTEX form by EOUs as per RBI A.D. (M.A Series) Circular AP (DIR series Circular No.9 dated 25.10.2001);

(13) Issue eligibility certificates for grant of employment visa to low level foreign technicians to be engaged by EOUs as per Ministry of Home Affairs letter No. 25022 / 7 / 99- F.1 dated 20.9.1999;

(14) Registration - cum - Membership Certificate

Function as a Registering authority for EOU / EHTP / STP / BTP unit. A separate Registration - cum - Membership Certificate shall not be required in their cases as provided for in Paragraph 2.44 of FTP except in case of spices. In case of spices, it would be mandatory for units to get themselves registered with Spices Board also;

(15) Importer Exporter Code No.

Allot Importer - Exporter Code number for EOUs, if same has already not been allotted to entity;

(16) Green Card

Issue of Green Card automatically after execution of LUT;

(17) Grant / renewal of Status Certificate in respect of EOUs provided it does not involve clubbing of FOB value of exports of its parent company in DTA;

(18) Publicity of EOU / EHTP / STP / BTP Scheme under their jurisdiction.