29 July 2019


Notifications & Circulars

Press Information Bureau

25.07.2019

Customs

MOU between India and Maldives for passenger and cargo services

MANU/PIBU/1280/2019

In a written reply to a question in Lok Sabha today, Shri Mansukh Mandaviya, the Minister of State for Shipping (I/C) and Chemical & Fertilizers informed that India and Maldives had signed a Memorandum of Understanding (MoU) on Passenger and Cargo Services in Male last month. The objective of the MoU is to improve people to people contact between the two countries by providing an alternate, direct and less expensive means for transport for passengers and goods. It also aims to advance economic, social and cultural ties between the two countries.

Shri Mandaviya informed that the MoU envisaged a regular passenger and cargo ferry service between Kochi in India and Male/Kulhudhuffushi in Maldives, or any other ports mutually agreed upon. Sea connectivity between the two countries would help to promote inbound tourism, particularly health and wellness tourism. A feasibility study is also being undertaken to ascertain the trade/cargo potential, infrastructure/superstructure facilities, vessel deployment and service pattern etc, and further action would be taken based on the findings of the feasibility study, the Minister informed.

Tags : MoU Passenger Cargo Services

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Ministry of Electronics and Information Technology

25.07.2019

Civil

Enforcement date of Aadhaar and Other Laws (Amendment) Act, 2019

MANU/EINT/0011/2019

In exercise of the powers conferred by sub-section (2) of section 1 of the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019), the Central Government hereby appoints the 25th day of July, 2019, as the date on which the provisions of sections 1 to 30 of said Act shall come into force.

Tags : Enforcement date Aadhaar Amendment Act

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Press Information Bureau

24.07.2019

Constitution

OBC Creamy Layer Status

MANU/PIBU/1260/2019

The concept of creamy layer in Other Backward Classes (OBC) reservation was implemented by the Government as per the directions of the Hon'ble Supreme Court in its judgment in the Indra Sawhney case. Recently an Expert Committee has been constituted by the Government of India under the Chairmanship of Shri B.P. Sharma (former Secretary, DOPT) on 08.03.2019 to examine particularly the issues related to Creamy layer equivalence among the Socially and Educationally Backward Classes (SEBCs) where equivalence had not been established so far.

The Committee is expected to submit its report anytime soon.

Tags : OBC Creamy Layer Status

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Press Information Bureau

24.07.2019

Customs

Export of Cardamom

MANU/PIBU/1261/2019

The Government of Saudi Arabia and Japan have not banned import of cardamom from India. However, Saudi Arabia Food & Drug Authority (SFDA) had detained four import consignments of cardamom (small) from India due to the detection of pesticide residue above the Maximum Residue Level (MRL) specified by the SFDAin April-May 2018. Thereafter, the exporters have voluntarily stopped export of cardamom to Saudi Arabia, fearing detention due to pesticide residue.

The Government, through the Spices Board, is conducting a series of campaigns in the cardamom growing areas in India to popularize the Integrated Pest Management (IPM) practices in cardamom among the cardamom growers and also promote the use of bio-control agents for managing pests and diseases in cardamom.

Saudi Arabia Foreign Ministry vide Note Verbale dated 9/10/2018 requested the Indian side to provide accreditation details of the laboratories where tests are undertaken for pesticide residues in cardamom before exporting to Saudi Arabia and the list of leading exporters and establishments exporting cardamom to Saudi Arabia, which were provided through the Indian Embassy at Riyadh on 9th August, 2018 by the Spices Board. It was also requested to enclose Laboratory Analysis Certificate confirming MRL compliance specified by the SFDA issued by the Spices Board for pesticide residues in cardamom with each export consignment of cardamom. To comply with this requirement of SFDA, the list of pesticides tested by SFDA in respect of small cardamom has been obtained. Out of 41 pesticides tested by SFDA, Spices Board's Quality Evaluation Laboratory at Kochi has standardized 27 pesticides for testing and the remaining pesticides are being standardized.

A delegation from Saudi Arabia Food and Drug Authority (SFDA) had visited Spices Board's Quality Evaluation Laboratory in Kochi, spices export processing units and cardamom plantation in December, 2018 and had discussion with the Spices Board's officials. The delegation requested the Board to send the details of pesticides used in cardamom by the Indian farmers so that testing can be done for the same pesticides in cardamom before exporting to Saudi Arabia. The details were provided to the SFDA through the Indian Embassy on 19th February, 2019. The Spices Board has been advised to draw up a work plan immediately to address the issue of pesticide residue in cardamom to resume the export of cardamom to Saudi Arabia.

Tags : Export Cardamom Pesticides used Details

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Press Information Bureau

24.07.2019

Civil

Policy for Non-Performing Civil Servants

MANU/PIBU/1262/2019

The provisions of Fundamental Rules (FR) 56(j), Rule 48 of Central Civil Services (CCS) (Pension) Rules, 1972 and Rule 16(3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 lay down the policy of periodic review and premature retirement of Government servants, which is a continuous process. As per these, the Government has the absolute right to retire Government officials prematurely on the ground of lack of integrity or ineffectiveness, in public interest.

For the period July 2014-May 2019, a total of 36,756 Group-A and 82,654 Group-B officers have been reviewed under FR 56(j)/similar provisions, out of which FR 56(j)/similar provisions have been invoked/recommended against 125 Group-A and 187 Group B officers.

Tags : Policy Non-Performing Civil Servants

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Press Information Bureau

24.07.2019

Service

Advisory Guidelines to Pay Salary to Unorganised Sector

MANU/PIBU/1263/2019

Advisory/ Guidelines were issued for Payment of Wages through Bank/ digital mode to the employees, as per the details given below:

1) Letter issued by the office of Chief Labour Commissioner, New Delhi's Letter No. 14(87)/2016-Coord dated 25. 11.2016

2) The provisions of Section 6 of the Payment of Wages Act, 1936 were amended vide the Payment of Wages (Amendment) Act, 2O17 as under:

"All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee".

Tags : Guidelines Salary Unorganised Sector

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Ministry of Commerce and Industry

24.07.2019

Commercial

Allocation of quantity for export of preferential quota sugar to EU under CXL quota

MANU/DGFT/0123/2019

1. In exercise of the powers conferred under Paragraphs 2.04 of the Foreign Trade Policy, 2015-2020, the Director General of Foreign Trade hereby allocates a quantity of 10,000 MT (Ten Thousand Metric Ton) of sugar (raw and/or white sugar) under CXL concessions to European Union (EU) for the period 01.10.2019 to 30.09.2020.

2. As per Notification No. 3/2015-20 dated 20.04.2015, export of sugar (HS Code 17010000) to EU under CXL Quota is 'Free' subject to the conditions notified in the 'Nature of Restrictions' in the above notification. The reporting requirement to APEDA as notified in the said Notification would continue to be followed.

3. As per Article 10 of European Union Regulation (EC) No. 891/2009 of 25.9.2009 "release for free circulation for the quotas of CXL concession sugar with Order No. 09.4321 shall be subject to the presentation of a Certificate of Origin issued by the competent authority of the third country concerned in accordance with Articles 55 to 65 of Regulation (EEC) No. 2454/93". Accordingly, the entries to be made in the export authorization document EUR and GSP are as follows:-

(i) CXL Concessions Sugar

"[Application of Regulation (EC) No. 891/2009 under Schedule CXL (European Communities). CXL Concessions Sugar Serial No. 09.4321]".

4. Certificate of Origin as per details given in para (3) above shall be issued by the Additional Director General of Foreign Trade, Mumbai and EUR Form is to be endorsed by Customs at the Port of Shipment. Further, Shipment of sugar under CXL quota for 2019-20 shall be allowed to consignee European Union Countries from date of notification of this Public Notice.

5. Effect of this Public Notice:

The quantity of 10000 MT sugar (raw and/or white sugar) to be exported to EU under CXL Quota from 1.10.2019 to 30.09.2020 has been notified.

Tags : Allocation Quantity Export EU CXL quota

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Ministry of Finance 

24.07.2019

Customs

Clarification regarding applicability of Notification No. 45/2017-Customs dated 30.06.2017 on goods which were exported earlier for exhibition purpose/consignment basis

MANU/CUCR/0021/2019

1. Representations have been received for clarifying the issue of applicability of Notification no. 45/2017-Customs on the re-import of goods which had been earlier exported either for participation in exhibition or on consignment basis.

2. Matter has been examined. Circular No. 108/27/2019-GST dated 18.07.2019 has clarified that the activity of sending / taking the specified goods (i.e. goods sent / taken out of India for exhibition or on consignment basis for export promotion except the activities satisfying the tests laid down in Schedule I of the CGST Act, 2017) out of India do not constitute supply within the scope of Section 7 of the CGST Act as there is no consideration at that point in time. Since such activity is not a supply, the same cannot be considered as 'Zero rated supply' as per the provisions contained in Section 16 of the IGST Act, 2017. Also that there is no requirement of filing any LUT/bond as required under section 16 of IGST Act, 2017 for such activity of taking specified goods out of India.

3. Situation mentioned at Sl. No. 1(d) of the Notification no. 45/2017-Customs dated 30.06.2017 require payment at the time of re-import of integrated tax not paid initially at the time of export, for availing exemption under the said notification. As in the case of re-import of specified goods, no integrated tax was required to be paid for specified goods at the time of taking these out of India, the activity being not a supply, hence the said condition requiring payment of integrated tax at the time of re-import of specified goods in such cases is not applicable. It is clarified that such re-import cannot be taken to be falling under situation at Sl. No. 1(d) of the said Notification. Such cases will fall more appropriately under residuary entry at Sl. No. 5 of the said Notification even though those specified goods were exported under LUT, in view of the fact that the activity of sending / taking specified goods out of India is neither a supply nor a zero rated supply.

4. It is also clarified that, even in cases where exports have been made to related or distinct persons or to principals or agents, as the case may be, for participation in exhibition or on consignment basis, but, such goods exported are returned after participation in exhibition or the goods are returned by such consignees without approval or acceptance, as the case may be, the basic requirement of 'supply' as defined cannot be said to be met as there has been no acceptance of the goods by the consignees. Hence, re import of such goods after return from such exhibition or from such consignees will be covered by entry at Serial no. 5 of the Notification No. 45/2017 dated 30.06.2017, provided re-import happens before six months from the date of delivery challan.

5. The above clarification shall apply to all pending matters involving similarly placed exporters and importers, as the case may be.

6. Difficulties, if any, may be brought to the notice of the Board.

Tags : Clarification Applicability Notification

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Press Information Bureau

24.07.2019

Commercial

Draft National Policy on E-Commerce

MANU/PIBU/1278/2019

A draft National e-Commerce policy covering various areas of e-Commerce, has been prepared and placed for comments in public domain. Views/suggestions from stakeholders including several e-commerce firms on the various provisions of the draft National e-Commerce Policy have been received. Views/suggestions received are under consideration.

A Committee has been constituted on 12th July, 2019 under Additional Secretary, Department for Promotion of Industry and Internal Trade with members from the Department of Commerce, Department of Consumer Affairs, Department of Legal Affairs and Ministry of MSME to examine issues related to FDI in e-Commerce and give its suggestions.

Digital India initiatives like Sugamya Bharat Abhiyan, BHIM, COE-IT, CERTIn, Digi Dhan Abhiyaan, Digitize India, Ebiz, Electronic Development Fund and GeM have been introduced by the Government to facilitate growth of digital economy.

The Government has also introduced National Policy on Electronics (NPE) and National Policy on Software Products (NPSP) in 2019 for the growing digital economy. The details are available on Ministry of Electronics & Information Technology's website.

Tags : National Policy E-Commerce Draft

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