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02(RE-2012)/2009-14, Dated: 19/07/2012

Pending EODC cases where vehicles imported under EPCG Scheme were not registered as Commercial/Tourist Vehicle-Reference Policy Circular dated 07.05.2008

F. No. 01/36/218/21/AM13/EPCG-I
Government of India
Ministry of Commerce and Industry
Department of Commerce
(Directorate General of Foreign Trade)
[ISO 9001:2008 Certified Organisation]
Udyog Bhawan, H-Wing
Maulana Azad Road, New Delhi-110011
Tel. (EPBAX No.): 011-2306 1562
Fax No: 011-2306 2225
Web Site: http://dgft.gov.in
E-mail: dgft@nic.in
*****

Policy Circular No. 2 (RE-2012)/2009-14                                                                                                                                                                                                                                                                       Dated 19/07/2012

To,
          All Regional Offices of DGFT

Subject:      Pending EODC cases where vehicles imported under EPCG Scheme were not registered as Commercial/Tourist Vehicle – Reference Policy Circular dated 07.05.2008

-----

          Attention is invited to Policy Circular 7 dated 07.05.2008 wherein it was, inter alia, stipulated that “In all past cases where Export Obligation Discharge Certificate (EODC) has not been obtained by 30-06-2008 and where vehicles were not registered as Tourist Vehicles, EPCG authorization holders will get them registered as Tourist Vehicles, by 31.08.2008”.

2.       Many representations have been received indicating that the EPCG Authorisation holder could not get the Vehicle, (imported under EPCG Scheme), registered as commercial / tourist vehicle due to reasons like:

(a)        the vehicle was more than two years old & hence cannot be registered again as commercial vehicle / tourist Vehicle as per Rule 82(b) of the Central Motor Vehicles Rules 1989 (CMVR);
(b)       a particular brand/type of vehicle cannot be registered as commercial Vehicle as per CMVR/ guidelines.

3.       In some of the representations, condonation for delay in registration has also been sought as the registration has been done after the cut off date prescribed in the Policy Circular No. 7 dated 07.05.2008.

4.       The following three types of cases emerge:

a.    Vehicles imported prior to 31.08.2006 cannot be registered again as Tourist Vehicle, as under Rule 82 of CMVR vehicles older than 2 years cannot be registered as Tourist vehicles;
b.    RTO issues a confirmation that the imported vehicle is not allowed to be registered as Tourist Vehicle;
c.    There has been delay in registration as Tourist Vehicle beyond cut off date (i.e. 31.08.2008).

5.       The following action will be taken for the type of cases mentioned in Para 4 above:

a.    Para 2(b) of Policy Circular 7 dated 07.05.2008 would not be required to be complied with

                     i.        For the vehicles imported prior to 31.08.2006 as in 4 (a) above, or
                    ii.        Where the RTO gives a confirmation as mentioned in 4(b) above.

b.    For registration of imported vehicles as ‘Tourist Vehicle’, the cut off date as specified in Policy Circular No. 7 dated 07.05.2008 (Para 3 above) is extended till the date of this circular, thereby the delay in registration is condoned in all such similarly placed cases.

6.       This issues with the approval of DGFT.

(Rita Mahna)
Deputy Director General of Foreign Trade
Tel. No. +91 11 2306 1562/Ext. 288
E-mail: r.mahna@nic.in

Opinion

In Policy Circular 7 dated 07.05.2008, it was stipulated that in all past cases where Export Obligation Discharge Certificate (EODC) has not been obtained by 30-06-2008 and where vehicles were not registered as Tourist Vehicles, EPCG authorization holders will get them registered as Tourist Vehicles, by 31.08.2008.

Many representations have been received indicating that the EPCG Authorisation holder could not get the Vehicle, (imported under EPCG Scheme), registered as commercial / tourist vehicle due to some reasons. In some of the representations, condonation for delay in registration has also been sought as the registration has been done after the cut off date prescribed in the Policy Circular No. 7 dated 07.05.2008.

Now therefore Para 2(b) of Policy Circular 7 dated 07.05.2008 would not be required to be complied with:-

        i) For the vehicles imported prior to 31.08.2006
        ii) Where the RTO gives a confirmation

For registration of imported vehicles as ‘Tourist Vehicle’, the cut off date as specified in Policy Circular No. 7 dated 07.05.2008 is extended till the date of this circular, thereby the delay in registration is condoned in all such similarly placed cases

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