manupatra round up

      Legislative and  Regulatory  Update

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In This Issue  

[No. 21]                                                                                                            JUL 31, 2002

SEBI
Department of Company Affairs
CBDT
CBEC Excise-Tariff
CBEC Customs-Tariff
CBEC Customs-Non Tariff
RBI
DGFT
Department of Commerce
Ministry of Consumer Affairs, Food and Public Distribution
Ministry of Health
Ministry of Petroleum and Natural Gas
Press Information Bureau
Bills

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SEBI
  • Secondary Market Division

Order U/s 11 of the Securities Contracts (Regulation) Act, 1956 - Superseding the Board of Directors of the Uttar Pradesh Stock Exchange Association Ltd.

Notification No. SO732(E) Dated 12.07.2002 : The Board of the Uttar Pradesh Stock Exchange has been superseded for a period of one year with effect from July 12, 2002 and Shri. M. N. Sabharwal has been appointed as an Administrator to exercise and perform all the powers and duties of the Governing Board. 

  • Mutual Funds Division

New Scheme Report

Circular No. MFD/CIR/ 09/247/02 Dated 23.07.2002 : It has now been decided to revise and simplify the format of New Scheme Report. Accordingly, all mutual funds have been advised to henceforth submit the new scheme reports to SEBI, complete in all respects, within 10 working days from the date of allotment in the revised format. 

Calculation of Sale and Repurchase of Units of Mutual Fund Scheme

Circular No. MFD/CIR/ 08 / 514 /2002 Dated 22.07.2002 : After a detailed discussion with the mutual funds industry, it has now been decided that a uniform method shall be used by all mutual funds to calculate the sale and repurchase price as specified. Further the Mutual Funds have been advised to round off NAV upto four decimal places in liquid/money market mutual fund schemes. 

  • Foreign Institutional Investors

Clarifications regarding operations of Foreign Institutional Investors

Circular No. FITTC/FII/04/2002 Dated 19.07.2002 : SEBI has issued clarifications regarding Reporting of transactions by Foreign Institutional Investors and Leakage of trade data 

Department of Company Affairs
  • Company Law Board Fees on Applications and Petitions Amendment Rules, 2002 

Notification No. GSR510(E) Dated 22.07.2002 : The following amendments have been made in the  Schedule

1. In serial number 6, for the words "S. 58A(9)", the words "S. 58A(9) and S. 45QA of the Reserve  Bank of India Act, 1934" have been substituted;  

2. S.No. 6A, which prescribes a fees of Rs.1000 on initiation of default made by the company in  repayment of small deposits or part thereof or any interest thereupon, has been inserted. 

3. S.No. 11A which prescribes a fees of Rs.1000 on Petition by the Debenture Trustees and S.No.  11B which prescribes a fees of Rs.50 to direct the company to make repayment of matured  debentures, have been inserted. 

4. Entries against serial number 32 have been omitted.

CBDT
  • Approvals U/s 35

Notification No. 185/2002 Dated 24.07.2002 Notification No. 178/2002 and No. 179/2002 Dated  18.07.2002 : National Institute of Advanced Studies, Bangalore and Center for Human Genetics,  Bangalore, Associated Electronics Research Foundation, New Delhi and Center for Human Genetics,  Bangalore have been approved U/s 35

  • Income-tax (17th Amendment) Rules, 2002 - Changes in Perquisites Rules

Notification No. 184/2002, No. SO783 Dated 23.07.2002 : In sub-rule (2), clause (B) relating to  the value of perquisite where the employer or the employee claims that the motor-car is used  wholly and exclusively in the performance of official duty , has been substituted. In sub-rule  (7), clause (v) relating to the amount of expenses including membership fees and annual fees  incurred by the employee or any member of his household and in clause (vi), sub-clause (B)  relating to expenditure incurred wholly and exclusively for business purposes, have been  substituted.

  • Income-tax (16th Amendment) Rules, 2002

Notification No. 183/2002, No. SO782(E) Dated 23.07.2002 : Following amendments have been made in  rule 18C.

1. For the heading "Eligibility of Industrial Parks for benefits under Section 80-IA(4D)",  "Eligibility of Industrial Parks and Special Economic Zones for benefits under Section  80-IA(4)(iii)" has been substituted. 

2. Sub rule (1A) has been inserted. 

3. In sub-rule (2) for the words "Ministry of Industry", the words "Ministry of Commerce and  Industry" have been substituted 

4. In sub-rule (2) after words "industrial parks", the words "or special economic zones" have been  inserted.

  • Notifications u/s 10(23)

Notification No. 181/2002 and No. 182/2002 Dated 23.07.2002 : U. P. Cricket Association, Kanpur and  Madhya Pradesh Cricket Association, Indore have been notified under section 10(23)

CBEC Excise-Tariff
  • Woven fabrics of cotton subjected to the process of open-air stentering by a textile processor -  Clarification regarding 

Circular No. 40/649/2002 CX Dated 25.07.2002 : In view of the representations received on the subject, it is accordingly clarified  that the exemption is  available only upto that much quantity of cotton fabrics in respect of which the aggregate amount  of job-charges for stentering does not exceed Rs. 15 lakhs in a financial year.

  • Export by SSI Units - Simplified Export Procedure - Clarification - regarding 

Circular No. 39/648/2002 CX Dated 25.07.2002 : It is clarified that the facility of accepting  H-Form or ST-XXII Form or any other equivalent Sales Tax form, as proof of export is available  only in respect of the exempted units which undertake exports themselves or through merchant  exporters directly from the unit itself. The facility is not available for the supplies made to  any other domestic manufacturer who may or may not export its finished products. 

  • Section 11A of the Central Excise Act, 1944 - Time bar whether applicable in recovery of  erroneous refund 

Circular No. 38/647/2002 CX Dated 23.07.2002 : The Board has issued clarification quoting the decision of the Hon'ble  Supreme Court, in Civil Appeal No. 2178-79/2001 in the case of CCE, Shilling Vs. Woodcraft's  Products Ltd. wherein it was held that in case of consequential refund, the time bar u/s. 11A  of Central Excise Act, 1944 will not be applicable for recovery of refunded amount if the issue  is finally decided in favour of the Department.

  • Exemption to Tyres, Tubes and Flaps for manufacture of Semi-Trailors - Clarification 

Circular No. 37/646/2002-CX Dated 19.07.2002 : It is clarified that the term "motor vehicles"  used in  Notfn No. 6/2000-CE (S.  No. 72) dated 1.3.2000, which exempts tyres, tubes and flaps used in the manufacture of machinery falling under heading Nos. 84.26, 84.27, 84.28, 84.29 and 84.30 and "motor vehicles", would cover all vehicles required to be registered  under the Motor Vehicles Act, 1988.

CBEC Customs-Tariff
  • Rescindment of Notification No. 105/2001 dated the 10.10.2001 

Notification No. 75/2002 Dated 24.07.2002 : The Central Government has rescinded the notification  of the Government of India in the Ministry of Finance (Department of Revenue), No.  105/2001-Customs, dated the 10th October, 2001 [G.S.R. 769 (E), dated the 10th October, 2001],  except as respects things done or omitted to be done before such rescission.

  • Anti dumping duty on Acrylic Yarn from Nepal 

Notification No. 73/2002 and No. 74/2002 Dated 24.07.2002 : Anti dumping has been imposed on  thermal sensitive paper (TSP) imported from China and Acrylic Yarn imported from Nepal.

  • Marble Imports - Finalisation of Provisional Assessments

Circular No. 45/2002 Dated 23.07.2002 : It has been felt that para 2(d) of Circular No.  40/2002-Cus., dated 17/7/2002 needs to be revisited by the Board. Therefore, it has been decided  that pending final decision in the matter, application of the para 2(d) of said Circular should  be kept in abeyance

  • Amendment to Notification No. 91/2001 - Extension of anti dumping duty by two months 

Notification No. 71/2002 Dated 22.07.2002 : In the second paragraph, for the words "the 30th day  of July, 2002", the words "the 30th day of September, 2002" have been substituted.

  • Duty Drawback on 'Natural dyed made-ups with latex backing - regarding 

Drawback Circular No. 44/2002 Dated 22.07.2002 : It is clarified that the term "Dyed made-ups'  shall also include 'Natural dyed made-ups' and it is implied that these would have suffered input  stage duties on account of dyes and chemicals, therefore, duty drawback would be available to the same.

  • Problems faced by Merchant Exporters regarding a ailment of drawback on garments - regarding. 

Circular No. 43/2002 Dated 19.07.2002 : In view of the position explained by the trade, it is  felt that the knitted garments sector deserves the same treatment as given to the woven garment  sector. Accordingly, the provisions of Circulars No. 54/2001-Cus. and 64/2001-Cus. have also been made  applicable to the knitted garments. 

  • Inspection Schedule for the Systems and Services in Customs and Anti-smuggling Formations 

Circular No. 42/2002 Dated 18.07.2002 : In consideration of the review made by the Board of the  existing mechanism for inspection of the systems and services provided to the Customs and  Anti-smuggling formations, it has been decided that the entire range of systems and services  provided to the field formations would be inspected regularly and necessary follow up action  taken as per the findings. 

  • Marble Imports - Finalisation of Provisional Assessments

Circular No. 40/2002 Dated 17.07.2002 : A number of provisional assessment cases relating to  marble imports are pending in Custom Houses for finalisation due to want of decision of the Board  on certain issues which have been decided by the Board.

CBEC Customs-Non Tariff
  • Designate authority to adjudicate upon the show cause notice of Sanghvi Reconditioners Pvt. Ltd. 

Notification No. 47/2002 NT Dated 25.07.2002 : The CBDT has appointed designated authorities to  adjudicate upon the show cause notice issued to specified agencies.

  • Kudremukh Iron Ore Company Ltd., Bangalore Notified under S 27(2) Cl (f) of the first proviso 

Notification No. 44/2002 NT Dated 22.07.2002 : The Central Government, has specified M/s.  Kudremukh Iron Ore Company Limited. II Block, Koramangala, Bangalore - 560 034, for the purposes  of the Cl (f) of S 27(2). 

RBI
  • Transactions in Government Securities

Notification No. DBS FID No C-2/01.02.00/2002-03 Dated 18.07.2002 : The CEOs of All-India Term  Lending and Refinancing Institutions have been forwarded a copy of the instructions issued by the  Internal Debt Management Cell, vide their Circular IDMC.PDRS. No. 5039 / 03.64.00 / 2001-02 dated  20 May 2002, on Transactions in Government Securities for necessary action at their end before July 31, 2002.

  • Charging of interest at monthly rests: Consolidated Instructions 

Notification No. Dir BC 8 /13.03.00/2002-03 Dated 26.07.2002 : Banks have now been advised to  follow the undernoted consolidated instructions in regard to switchover to the system of charging  monthly interest on loans and advances:

1.Banks have option to compound interest at monthly rests effective either from April 1, 2002, or  July 1, 2002 or April 1, 2003. 

2.With effect from quarter beginning July 1, 2002, banks should ensure that the effective rate  does not go up merely on account of the switchover to the system of charging / compounding  interest at monthly rests and increase the burden on the borrowers. 

  • Introduction of Special Quarterly Return VI-AC: Lending Rates

Notification No. MPD BC 219 /07.01.279 /2002-03 Dated 27.07.2002 : As a follow-up of paragraph  Nos. 59 and 66 of the Monetary and Credit Policy for 2002-03, announced by the Governor on April  29, 2002, a new Special Quarterly Return VI-AC is being introduced in consultation with select  banks which may be furnished from the quarter ended June 30, 2002.

  • Rationalisation of Returns

Notification No. MPD BC 218 /07.01.279/2002-03 Dated 24.07.2002 : Towards the rationalisation of  returns submitted by the Scheduled Commercial Banks to the Reserve Bank of India, it has been  decided to discontinue submission of the following Special Fortnightly Returns (SFR) with effect  from the fortnight beginning August 10, 2002.

SFR I        Selected banking indicators

SFR IV A  Buyback commitments in government and other approved securities

SFR IVB    Investment by scheduled commercial banks in bonds/debenture issued by PSUs

SFR V        Deposit liabilities exempted from reserve requirements.

SFR VII      Total flow of funds to corporate sector by banks.

DGFT
  • Import of Natural rubber under DEPB scheme 

Circular No. 9/2002-2007 Dated 18.07.2002 : It is clarified that the Policy restricts only duty  free imports and DEPB is only a mode of payment of duty instead of payment in cash and since Natural  rubber is otherwise freely importable on payment of prescribed duty, Policy Circular 28 dated  4.3.2002 and earlier ALC Circulars does not prevent payment of Custom duty for import of natural  rubber, which is freely importable, through DEPB scrips.

Department of Commerce
  • Initiation of Anti-Dumping investigations 

Notification No. 14/28/2002-DGAD Dated 17.07.2002 : The Central Silk Board, Banglore has  requested initiation of anti-dumping investigations concerning import of Mulberry Raw Silk (not  thrown) originating in or exported from China PR. 

  • Anti-Dumping Investigations Concerning Imports Of Ferro Silicon From South Africa And Macedonia -Preliminary Findings 

Notification No. 14/8/2002-DGAD Dated 11.07.2002 : Preliminary Findings on Anti-Dumping  Investigations concerning imports of Ferro Silicon from South Africa and Macedonia have been  published.

Ministry of Consumer Affairs, Food and Public Distribution
  • Minimum Price payable by Owners of Vacuum pan process Sugar Factory as specified 

Notification No. GSR 501(E) Dated 16.07.2002 : The Central Government has fixed Rs.42.50 and  Rs.47.90 as the minimum price that shall be payable by the owners of the Vacuum pan process sugar  factory that is S.V. Sugar Mills Ltd. and Dharani Sugar & Chemicals Ltd. respectively or their  agents for sugarcane delivered at the gate of the factory or any purchasing center for the sugar  year 1995-96 ending the 30th September, 1996, subject to the rebates payable therefore under  Clause 3S of the Sugarcane (Control) Order, 1966.

Ministry of Health
  • Draft Drugs and Cosmetics (Amendment) Rules, 2002 

Notification No. GSR492(E) Dated 11.07.2002 : In Rule 160 B(c) after the last word "Standards" of  the paragraph, the List of equipment recommended has been inserted.

Ministry of Petroleum and Natural Gas
  • Acquisition of right of user as per the schedule specified - Dahej-Vemar-Vijaipur Pipeline  Project

Notification No. SO746(E) Dated 11.07.2002 : The Central Government has declared its intention to  acquire the right of user in the lands specified in the schedule for Dahej-Vemar-Vijaipur  Pipeline Project.

Press Information Bureau
  • Improving Justice Delivery System 

Dated 26.07.2002 : While the Government is awaiting the report of Shri Justice V.S. Mallimath  Committee on comprehensive changes in the existing criminal justice system, a series of steps  have been taken to simplify procedures and speed up disposal of cases on the basis of  recommendations of expert bodies like the Law Commission. 

  • High Court for Haryana 

Dated 23.07.2002 : The Government of Haryana has forwarded a copy of the resolution of the  Haryana State Assembly for creation of a separate High Court for Haryana in the existing premises  at Chandigarh by allocating 40 per cent building, Ministerial staff and administrative  functionaries along with the judges appointed from the Haryana quota. 

  • Setting up of Electronic Courts

Dated 23.07.2002 : The National Informatics Centre (NIC) has taken up upgradation of the existing  hardware and software tools at the Supreme Court with new applications of Management Information  System, Public Interface System and Electronic Courts at a cost of Rs. 4.6 crores in the first  phase of the project. 

  • Setting up of National Judicial Commission 

Dated 22.07.2002 : The Government is committed to setting up of a National Judicial Commission  which would make recommendations for appointments of judges/ Chief Justice of the Supreme Court  and the High Courts as also draw up a Code of Ethics for the judges.

Bills
  • The text of following Bills introduced in the Monsoon Session are available on the site.

  • The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Bill, 2002 (As Introduced in Lok Sabha - 19.07.2002 - Bill No. 53 of 2002) 

  • The Medical Termination Of Pregnancy (Amendment) Bill, 2002 (As Passed By Rajya Sabha - 17.07.2002 - Bill No. XXX V-C Of 2002) 

  • The Negotiable Instruments (Amendment And Miscellaneous Provisions) Bill, 2002 (As Introduced In Lok Sabha - 19.07.2002 - Bill No. 55 of 2002)