6.34 — Powers of DC / Designated Officer

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

• a) Conversion of sick / closed DTA unit into EOU;

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

• c) To allow increase in value of capital goods in terms of Indian Rupees, on accountof foreign exchange rate fluctuations;

• d) To permit capacity enhancement without any limit in case of delicensed industries only;

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

• f) 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;

• g) Permit change of location from place mentioned in LoP to another and / or include or exclude additional location/space provided that no change in other terms and conditions of approval is envisaged and that new location/space is within territorial jurisdiction of DC /Designated Office

• h) Extend Extend as per para 6.01(c) of the HBP, the

  • i. validity period of LOP/LOI once unit commences production for a period of up to 5 years at a time or

  • ii. The 2 years initial validity period of LOP/LOI (except in case where there is a restriction on initial period of approval, like setting up of oil refinery project) by one additional year for valid reasons to be recorded in writing.

• i) Cancel LoP wherever warranted;

• j) 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

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banding;

• k) 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;

• l) 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);

• m) 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;

• n) 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 2.56 of FTP ;

• o) Green Card Issue of Green Card automatically after execution of LUT;

• p) 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;

• q) Publicity of EOU / EHTP / STP / BTP Scheme under their jurisdiction.

• r) Exit from EOU/EHTP/STP/BTP Scheme (including grant of ‘inprinciple’ exit letter as per Appendix 6K).