fficr4 t. 133Ø4/99. REGDcNO. Xi L-33034199

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MFIS1RY OF COMM}1G3 AND DDUSI1tY (Detisitneat of indisrial Poity and Protnodo.)

NOflFKAW4 New Ddllti, tbe 27th July, 2007

No. 10Q)t2007'.DBA-llflERr- In pursuance of the North Eastern Industrial and Investment Promotion Policy;2007(NEIII'P, 2007) issued by Ministry of Commerce and Industry vide O.M. No. 10(3)/2007-DBA-11/NER, dated the i TM April, 2007, the Government of India is pleased to make the following Scheme of interest subsidy on the working capital loans for industrial units in the North-Eastern Region (NER) comprising the States of Arunachal Pradesh, Assanz Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura with a view to accelerating industrial development in the region.

1. Short title: This Scheme may be called the Central Interest Subsidy Scheme, 2007.

2. Commencement and duration: It will be effective from the l April, 2007 ad remain in force upto and inclusive of3L3 2017.

3. Applicability: Unless otherwise specified, all new industriaFunits as well as existing units which go in for substantial expansion and are located anywhere in NER, will be eligible for interest subsidy under this Scheme. The Scheme will also be applicable to the following service sector activities/industries: -

I. Service Sector:

(i) I Hotels (not below Two Star category), adventure and leisure sports including ropevays; (ii) Medical and health services in the nature of nursing homes with a minimum capacity of 25

beds and old-age homes; (iii) Vocational training institutes such as institutes for hotel management, catering and food crafts,

I entrepreneurship development, nursing and pan-medical, civil aviation related training, fashion, design and industrial training.

II. Rio-technology industry

III. j Power Generating Industries:

Po r Generating plants upto 10 MW based on both conventional and non-conventional sources.

1(a). The cheme shall not be applicable to the industries listed in Annexure-I

4. Dtfiniti4s:

(a) 'Industrial unit' means any industrial undertaking, suitable servicing unit other than that run departmentally by Government.

(b) 'New industrial unit' means an industrial unit for the setting up of which effective steps were not taken prior to 1.4.2007.

(c) 'Existing Industrial Unit' means an industrial unit set-up prior to the operative date of the scheme La1.4.2007.

(d)

'Substantial expansion' means increase in the value of fixed capital investment in plant and machinery of an industrial unit by not less than 25 % for the purpose of expansion of capacity/modernization and diversification.

(e)

'Effective steps' means one or more of the following steps:-

(i) that 10% or more of the capital issued for the industrial unit has been paid up.

(ii) that any part of the factory building has been constructed.

(iii) that a firm order has been placed for any plant and machinery required for the industrial unit.

(f) 'Fixed Capital Investment' means investment in land, building and plant and machinery.

Totaj fixed capital investment wiLl be assessed as follows:

[cFTl—n5 fl : Mmm 9

(A) Land: The actual price paid for the land to the extent needed for the purposes of the plant. Charges for the leased land will not be taken into account.

(B) Building: Same as in the case of land- Rent oft hired building Will not be taken into account.

(C) flint and machinery (for manufacturing sector).

(a) In calculating the value of plant and machinery, the cost of plant and machinery as erected at site will be taken into account which will include the cost of productive equipment, such as tools, jigs, dies & moulds; transport charges, insurance premium, etc. will also be taken into account,

(Ii) The amount invested on goods carriers to the extent they are actually utilized for transport of raw materials and marketing of the finished products, will be taken into account

(c) Working capital including raw materials and other consumable stores will be excluded for computing the value of plant and machinery.

(g) Fixed Capital represents the depreciated value of fixed as" owned by the factory on the closing day of the accounting year. 'Fixed assets' are those which have a normal productive life of more than one year. 'Fixed capital' covers all types of assets, new or used or own constructed, deployed for production, transportation, living or recreational facilities, hospitals, schools etc, for factory personnel. It includes the fixed assets of the head office allocable to the factory and also the full value of assets taken on hire purchase basis (whether fully paid or not) excluding interest element. It excludes intangible assets and assets solely used for post manufheturing activities such as sale, storage, distribution etc.

(Ii) Physical Working Capital is defined to include all physical inventories owned, held or controlled by the factory as on the closing day of the accounting year such as the rnatrials, fuels & lubricants, stores etc, that enter into products manufactured by the factory itself or supplied by the factory to other for processing. Physical working capital also includq the stock of materials, fuels & stores etc., purchased expressly for re-sale, semi-finished goods and wdrk in progress on account of others and goods made by the factory which are ready for sale at the end of the accounting year. However, it does not include the stock of the materials, fuels, stores etc. supplied by others to the factory for processing. Finished goods processed by others from raw materials supplied by the factory and held by them are included and finished goods processed by the factory from raw materials supplied by others are excluded.

(i) Working Capital is the sum total of the physical working caital as defined in pan (h) above and the cash deposits in hand and at bank and the net balance of amounts receivable over amounts payable it the end of the accounting year. Working capital, however, excludes unused overdraft facility, fixed deposits irrespective of duration, advances for acquMition of. fixed assets, loans and advances by proprietors and partners irrespective of their purpose and duration, long-term loans including interest thereon and investments.

[Note: Definition of Plant and Machinery and other components which could be taken into account for the

purpose of this Scheme in respect of Strike Sector, Bio-Technology industry & Power Generating industries

referred toinpara3(I, ll&ffl) would bc notified separately]

3353 GL7—.2

5.

All eligible industrial units located anywhere in the North Eastern Region shall be given an interest subsidy q the extent of 3% on the working capital advanced to them by the Scheduled Banks or Central /Statc financial frstitutions, for a maximum period of 1O(ten) years .from the date of commencement of commercial

6.

F4r the purpose of this Scheme, the minimum working capital requirement of a unit shalt be worked out @ 2 % of their annual turnover. Inventory norms may be applied if necessary, after providing for aforesaid j minimum level. In respect of such units for which norms have not been laid down/are not applicabl4 (due to the units coming below the cut off point of Rs.10 lakhs of 'working capital), the request of working capital should be considered favourably so long as the working capital is not very much above such minimum level. Special norms can also be evolved for inventory and receivables. Working capital below the minimum level may be justified under special circumstances in which the requirement is demonstrably lower, as in the case of ancilliary units in the small scale sector with assured supply of inputs and off-take of output.

7.

N4rth Eastern Development Financial Corporation (NEDF1), Guwahati shall be the designated agency for disbureinent of interest subsidy on the basis of the recommendation of the State Level Committee (SEC) of the conterned State Government.

8. Prbcedure for clsimiiw interest subsid

N4v industrial units eligible for subsidy under the Scheme will be required to get themselves registered with the State Industry Department concerned prior to taking effective steps for selling up. Similarly, existing industrial units undertaking substantial expansion should also get themselves registered with the State Industry Department prior to such expansion. All the units, whether new or existing would be required UI indicate their assessment of the total new or additional fixed capital likely to be invested by them in the plar4 and machinery.

9. Fyácedure_for disbursement of Interest Subsidy

(i) Eacjh Slate Government concerned will set up a State Level Committee consisting of a representative ea4 of the State Department concerned, State Finance Department, State Industry Department, State Di4etorate of Industries, NEDFi and the Financial Institution concerned from where working capital lo$ has been raised by the unit, to go into each case to decide whether the unit qualifies for the grant of iiterest subsidy under the scheme and also about the quantum of eligible subsidy under the scheme.

(10) Thej subsidy will be disbursed to the industrial unit by NEDFi on the recommendation of the State Levi Committee of the State Government concerned.

MR!WR: ZRIFWFt

11. R&bta of the Centre/State Government/Financial Institutions:

If the Central government/State Government/Financial Institution concerned is satisfied that the subsidy to an industrial unit has been obtained by misrepresentation of the essential facts, furnishing of false information or if the unit goes out of production within 2 years after commencement of commercial production or after having availed the subsidy under the scheme, the Central Cloveminent/State Government/Financial Institution concerned, may ask the unit to refund the subsidy after giving opportunity to the concerned to be heard.

12.. Without taking prior approval of the Ministry of Industry, Department of Industrial Policy & Promotion/State Government/Financial Institution concerned, no owner of an industrial unit will be allowed to change the location of the whole or any part of the industrial unit or effect any substantial contraction or dispose of a substantial part of Its total fixed capital investment within a period of 2 years of receiving a part or the whole of the subsidy under the scheme.

13. In respect of all units to whom the grant or subsidy is disbursed by the NEOFi/State Governtnen certificate of utilization of the grant or subsidy for the purpose for which it was given shall be furnished to the Central Ministry of Industry (Department of Industrial Policy and Promotion) by the financial institution/State Government concerned within a period of one year from the date of receipt of the last instalment /11111 amount.

14. Alter receiving the subsidy, each industrial unit shall submit annual progress report to the Ministry of Industry, Department of Industrial Policy and Promotion/State Government concerned, about its working for a period of 5 years after going into production.

15. A High Level Monitoring Committee has been set tip as in Annexure-II which would monitor implementation of the Scheme.

N. N. PRASAD.Jt. Seq.

SI

Negative List:

The following industries will j be eligible for benefits under NEIl??, 2007:-

(i) All goods falling under Chapter 24 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which pertains to tobacco and manufactured tobacco substitutes.

(ii) . Pan Masla as covered under Chapter 21 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).

(iii) Plastic carry bags of less than 20 microns as specified by Ministry of Environment and Forests Notification No.5.0. 705(E) dated 02.09.1999 and 5.0.698 (E) dated 17.6.2003.

(iv) Goods falling under Chapter 27 of the First Schedule to the Central Excise tariff Act, 1985 (5 of 1986) produced by petroleum oil or gas refineries.

Value Addition

Benefits under NEIIPP, 2007 will not be admissible to goods in respect of which only peripheral activities like preservation during storage, cleaning operations, packing, re-packing, labelling or re-labelling, sorting, alteration of retail We price etc. take place.

s.o.s

M4?tSlF4-U

Hieb Level Committ.elAdvborv Committee

(i) secretaiy, Department of Industrial Policy and Promotion, Ministry ... Chairman fConinterce and Industry, Government of India.

Secretary, Department of Revenue, Ministry of Finance, - - Member 3overnment of Indi&

Fiij)

ecretary, Department of Banking and Insurance, Ministry of ... Member inance, Government of India.

(iv) ecretary, Ministry of Development of North Eastern Region, ... Member overnment of India.

(v) dviser (Industry), Planning Commission ... Member

(vi) kdviser (NE). Planning Commission ... Member

(vii) :haiman-um-Managing Director, North Eastern development ... Member inance Corporation (NEDF1), Guwahati.

(viii) 'rincipal Secretary/Secretary (Industry), of all the State ... Member ovemrnents of North Eastern Region.

(ix) $evelopmeht Commissioner, Small Scale Industries, Government ... Member

(x) dditionaI Secretary& Financial Adviser, Department of Industrial ... Member ] olicy and Promotion, Ministry of Commerce and Industry,

ovemment of India.

(xi) Chief Controller of Accounts, Department of Industrial Policy and ... Member _____ qtomotion, Government of India

(xii) ihint Secretary, Department of Industrial Policy and Promotion, ... Member t linistiy of Commerce and Industry, Government of India Secretary

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Mshrns- nt Erik pursuance of the North East tDduniaI and Investment ?tvaotisn Pdlicy, 2007 (WEIWf, OO7) Lalid Itythé MiMn'of Cats and Mdustzy (Department of Industrial Policy and Promotion) vide O.M. Nob (3)/2007-DHA-UINER., dated the ]

It, April, 2007, the Government of India is pleased 10 mate the Mowing Scheme of Capital Investment Subsidy for industrial units in the North Eastern Region (NM) eompriglng the States ofArunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Slkkim And-Tripura with a:viS to accelerating thb Industrial development in the NER.

I. Short Title:-This Scheme may be called the 0e*MI Capital Investment Subsidy Scheme, 2007'.

2. Commetcensent and duration: - It will come into effect from the f' April, 2007 and remain in force upto and inclusive of 31.3.2017.

3. AppliSbility:- Unless O1h,tep ifiod,affne* industrial unities *611 as t5defing units which go in for substantial exjn8l*fl and are teas- anywhere in NM- white eligible fcfr capital investment subsidy under this Scheme. The Scheme wig also be applicable to the tbllOvihg service sector activities/industries: -

I. SeMee Sector

(i) Hotels (not below Two Star category), adventure and leisure sports inckMinepe*àys; (ii) Medical and health services in the nature of nursing homes with a minimum capacity of 25

•bedsandold-agthS; H H

(iii) vocational owning. huititulo* ssth as ittstittiteg cot b&tel -viand geffient, cawing- and food crafts, entrepreneurship development, nursing and pan-medical, civil aviation related training, fashion, design and indthfriaflzwlnng- ---'

II Bio-technology industry

111. Power GentIngIndisslS... -.

Power GeneratingGenerating plaits upto 10 MW based on both conveftrional and non-tonventional sources

1(a). The Scheme shall not beappncableto the Industries lHtàdinAnflefltót -. 4. Definitions: -

(a) l industrial uØ' mearis inj servIcing unit other than that run departmentally by dovemment.

(1,) 'New industrial unit' means an ipdusfrial unit for the setting up of which effective steps were not taken prior to 1.4.2007 - , I I-:

(o) áExisfin$ ln4üsthalUnit' means an in&strial unit for the setting up of which effective steps were taken prior to 1.4. 2007. -

30 ThE GAaa lit OF INDIA: DCI1tAORDINARY [Far I—Sac U

(d) 'Substantial expansion' means increase In dii vAlue of fixed capital investment in jilit and machinery of an industrial unit by not less than 25 %, for the purpose of expansion of capacity /modernization and diversification.

(e) 'Effective steps' means one or more of the following steps:-

(i) that 10% or more of the capitol issued for the industrial unit has been paid up. (ii) that any part of the factory building has been constructed. (iii) that a firm order has been placed for any plain mid rnachinery required for the industrial

unit.

(f) 'Fixed Capital investment' means investment in 'plant and machinery', for the purpose of this scheme.

. of admissible Subsidy

All eligible industrial units lovatcd anywhere in the North Eastern Region shall be given capital in4stment subsidy at the rate of 30 1/o of their Inwtacpt in Plant and Machinery or additional investment in plant and Machinery. Such subsidy will be applicable tp units in the private sector, joint sector, colperative sector as well as the units set up by the State Governments concerned of the North Eastern Ref ion. The limit for automatic approval of subsidy at this rate would be Rs.l .5 crore. For grant of cajital investment subsidy higher than Rs.I.5 errc but upto a maximum of Rs.30 crore, there will be an Empowered Committee set up vide O.M. F.No.l0(3)/2007-DBA-lI/NER dated the 21 May 2007.

Proposals which are eligible for a subsidy higher than Rs.30 crore will be placed by Department of al Policy and Promotion before the Union Cabinet for its consideration and approval.

6. tlant and Machinery (for manufacturing sector)

(i) In calculating the value of plant and machinery, the cost of industrial plant and machinery as erected at site will be taken into account which will include the cost of productive equipments, such as tools, jigs, dies & moulds, insurance premium etc.

(ii) The amount invested in goods carriers to the extent they are actually utilized for transport of raw materials and marketing of the finished products, will be taken into account.

(iii) Working capital including raw materials and other consumables stores, will be excluded for computing the value of plant and machinery.

6(4. Definition of 'Plant and Machinery' and 'components' which should be taken into account for the p4ose of this Scheme in respect of Service Sector, Bio-technology industry & Power Generating intstries referred to in pan 3 (I), (11) & (Ill) above would be notified separately.

7; flesignated Agency for disbursement of subsidy

North Eastern Development Financial Corporation (NEDFi), Guwahati shall be the designated no4al agency for disbursement of capital investment subsidy under the Scheme on the basis of the re4.mmendation of State Level Committee (SLC) of the concerned State Government, the Empowered Conmittee and the Union Cabinet, as the case may be.

Lw'iI—nh] 21

8. Procedure for claiming capital investment subsidy

Industrial units eligible for subsidy under the Scheme will be required to get themselves registered with the State Industry Department concerned prior to taking effective steps for setting up new industrial units or undertaking substantial expansion of existing units and to indicate their assessment of the total new or additional fixed capital likely to be invested by them in the plant and machinery.

9. Procedure for disbursement of capital investment subsidy

Each State Government concerned will set up a State Level Committee (SLC) consisting of a representative of each of the State Finance Department, State Industries Department, State Directorate of Industries, NEDFi aid the Financial Institution concerned (if the industrial unit is to be assisted by a financial institution), to go into details of each case to decide whether the unit qualifies for the grant of subsidy and also about the quantum of subsidy.

10. In respect of a new industrial unit set up without assistance from a Financial Institution or the State Government concerned, the subsidy will be disbursed to the unit by NEDFi on the recommendation of the State Government, the Empowered Committee and the Union Cabinet, as the case may be, at the time the unit goes into production. Similarly, in respect of substantial expansion by an existing industrial unit without assistance from the financial institutions or the State Government concerned, the subsidy will be disbursed to the unit by NEDFI on the recommendation of the State Government concerned, the Empowered Committee and the Union Cabinet, as the case may be after substantial expansion has been effected and the unit has commenced enhanced commercial production.

However, in such cases where the concerned State Government is satisfied about the safety of the public funds, not more than half of the amount of the estimated subsidy may be released prior to the unit going into production on the entrepreneur's furnishing a proof of having taken effective steps to the satisfaction of State Director of Industries and the remaining amount be released only after the unit goes into production.

11. In respect of an industrial unit.assisted/ to be assisted by a Financial Institution or the State Government concerned, the subsidy will be disbursed to the unit by NEOFI on the, recommendation of the State Government concerned, the Empowered Committee and the Union Cabinet, as the case may be. However, in such cases, the contract/agreement to be drawn up between the Financial Institution/ State Government and the unit concerned, may cover mortgage, pledge, hypothecation of the assets upto the amount of the subsidy payable/paid to the units. In respect of new industrial unit or in respect of substantial expansion of an existing industrial unit to be assisted by a financial institution, the subsidy will be disbursed to the unit by NEDFi in as many instalments in which the loan is disbursed by the financial institution and simultaneously claimed by the Financial Institution/State Government from NEDFi.

12. Rights of the Centre/State Coverument/Flnancial Iiistitutions

If the Central Government/State Government/Financial Institution concerned is satisfied that the subsidy to an industrial unit has been obtained by misrepresentation as to an essential fact, furnishing of false information or if the unit goes out of production within 5 years after commencement of commercial production, the Central Government/State Govemment/NEDFI may ask the unit to refund the grant or subsidy after giving an opportunity to the unit of being heard.

13. Without taking prior approval of the Union Ministry of Commerce & Industry (Department of Industrial Pqlicy and Promotion) More Government/Financial Institution concerned,-no owner of an

tlfiiWst after receiving a part or the whole of the subsidy will be allowed to change the location of

or any part of industrial unit or effect any sibstantial contraction or dispose of a substantial part of its tfital fixed capital investment within a period of 5 years after its going into commercial production.

14. In respect of all units to whom the subsidy is disbursed by the NEOFI, certificateof utilisation of the siiljsidy for the purpose for which it was given shall be furnished to the Central Ministry of Industry (Depa4ment of Industrial Policy and Promotion) by the financial institution/State Government concerned, within ji period of one year from the date of receipt of the last instalment/full amount.

15.Aer receiving the subsidy, each industrial unit shall submit Annual Progress Report (APR) to the Union tMiiiislc' of Industry (Department of Industrial Policy and Promotion)! State Government concer4ed, about its working for a period of 5 years after going into production.

16. JA High Level Monitoring Committee has been set up as in Annexure-111 which would monitor implen4entation of the Scheme.

N. N. PRASAD, Jr. Secy.

ANNEXURE-1

List:

'he following industries will not be eligible for benefits under NEIIPP, 2007:-

(i) All goods thiling under Chapter 24 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which pertains to tobacco and manufactured tobacco substitutes.

ii) Pan Masala as covered under Chapter 21 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).

iii) Plastic catty bags of less than 20 microns as specified by Ministry of Environment and Forests Notification No.S.O. 705(E) dated 02.091999 and S.0.698 (E) dated

- 17.6.2003. iv) Goods falling under Chapter 27 of the First Schedule to the Central Excise tariff Act,

1985 (5 of 1986) produced Sy petroleum oil or gas refineries.

Value

neflts under NEJIPP, 2007 will not be admissible to goods in respect of which only peripheral like preservation during storage, cleaning operations, packing, rc-packing, labelling or re-sorting, alteration of retail sale price etc. lake place.

['4Ph1-3rtlJ

ANNEXURE-Il

Eauoyntd Cnzmittee,

Y' Secretary, Department of Industrial Policy.and Promotion, Chairman Ministry of Commerce and Industry, Government of India

(ii) Secretary, Ministry of Development of North Eastern Member Region, Government of India.

(iii) secretary, Department of Expenditure, Ministry ofFinance, .Meth her Government of India.

(iv) Representative of Planning Commission. Member

(v) Secretary of the concerned Ministry/ Department of Member Government of India dealing with the subject matter pertaining to the proposal under consideration of the Empowered Committee..

(vi) Chief Secretary/ Secretary (Industry) of the concerned Member North East State where the claiming unit is located/ proposed to be located.

(vii) Chairman-cum-Managing Director, North Eastern Member Development Finance Corporation (NEDFi), Guwahati.

(viii) Joint Secretary, Department of Industrial Policy and Member Secretary Promotion, MÜIIStrIJ of Commerce and Industry, Government of India.

ANN EXUREVI II

High Level Committee/Advisory Committee

(i) Se4tary, Department of Industrial Policy and Promotion, .. Chairman Min$stry of Commerce and Industry, Government of Indi4.

(ii) Sectetary, Department of Revenue, Ministry of Finance, ... Member Go4rnment of India.

(iii) s4tary, Department of Banking and Insurance, ... Member Ministry of Finance, Government of India.

(iv) Secptaiy, Ministry of Development of North Eastern .. Member Reg on, Government of India

(v) Ad4ser (Industry), Planning Commission ... Member

(vi) Adfser (NE), Planning Commission - . - Member

(vii) Chajrman-cum-Managing Director, North Eastern ... Member Devlopment Finance Corporation (NEDF1), Guwahati.

(viii) P4ipaI Secretary/Secretary (Industry), of all the State ... Member Gotrnments of North Eastern Region.

(ix) De4loprnent Commissioner, Small Scale Industries, ... Member

Gotrnment of India.

(x) Ad4tional Secretary& Financial Adviser, Department of ... Member Ind4strial Policy and Promotion, Ministry of Commerce and jindustry, Government of India.

[uTl11—I1) l:oWiIn, Z

(xi) Chief Controller of Accounts Department of Industrial ... Member Policy and Promotion, Governmdnt of India

Tx—ii) Joint Secretary, Department of Industrial Policy and - -. Member Promotion, Ministry of Commerce and Industry, Secretary Government of India

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(UPTlflj] 37

New Delhi, the 27th July, 2007

Na.

10Q).2OO7-Da(.iyqg2..ln pursuance of the North East Industrial and Investment Promotion Policy, 2007 (NEJIPP, 2007) issued by the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide O.M. No. 10 (32007-DBA-ll/NER,date4 the 1d April, 2007, the Government of lit is pleased to make S following scheme of Comprehensive Insurance Subsidy for industrial units in the North Eastern Region (NER) comprising the States of Arunachal Pradesh, Assam, Manipur, Kjeghalaya, Mizoram, Nagaland, Sikkim and Tripura with a view to accelerating the industrial development in the NER..

I. Short Title: This Scheme may be called Central Comprehensive Insurance Scheme, 2007.

2. Commencement and Duration: It will come into effect from 1st April, 2007 and remain in force upto and inclusive of) 1.3.2017.

3. Applicability: Unless otherwise specified, all new manufacturing industrial units as well as existing units which go in for substantial expansion and are located anywhere in NUt, will be eligible for reimbursement of 1000/9 insurance premium under Comprehensive Insurance Scheme. The Scheme will also be applicable to the following service sector activities/industries: -

(i) Hotels (not below Two Star category), adventure and leisure spoils including ropeways; (ii) Medical and health services in the nature of nursing homes with a minimum capacity of 25.

beds and old-age homes; (iii) Vocational training institutes such as institutes for hotel management, catering and food

crafts, entrepreneurship development, nursing and pars-medical, civil aviation related training, fashion, design and industrial training.

IL Rio-technology industry

ifi. Power Generating Industries:

Power Generating plants upto 10 MW based on both conventional and non-conventional sources.

3(a). The Scheme shall not be applicable to the industries listed in Anneiure-I 4. DefinItions:

(a) Industrial Unit means any industry which is included in Fire Policy 'C' as per All India Fire Tariffs.

(b) 'New industrial unit' means an industrial unit for the setting up of which effective steps were not taken prior to 1.4.2007

(c) 'Existing Industrial Unit' means an industrial unit for the setting up of which effective steps were taken prior to 1.4.2007.

(d) 'Substantial expansion' means increase in the value of fixed capital investment in plant and machinery of an industrial unit by not less than 25 %, for the purpose of expansion of capacity/modernization and diversification.

[N4e: 'Plant and Machinery' and 'other components' which could be taken into account for the purpose of #s Scheme in respect of Service Sector, Rio-Technology industry & Power Generating industries refe(red to in pam 3 (I, H & III) would be notified separately]

S. 1 Fixation of Slim Insured: The policy shall be issued by the Insurance Company on market vah*tion to be declared by the proposer.

6. 1 Designated Agency for disbursement of Subsidy: North Eastern Development Financial Cortoration (NEDFi) Guwahati shall be the designated agency for disbursement of insurance premium on the Ibasis of the recommendations of the State Level Committee (SLC) of the concerned State

7. Mode of Operation: The insured party shall pay the initial premium which shall be reimbursed by t$ie nodal agency (NEDFi) out of the revolving fund maintained by it. Funds for this revolving hind sh4 be contributed by Ministry of Commerce and Industry, Department of Industrial Policy & Pro$iotion. Insurance policies issued by all general insurance companies (private as well as PSU) regitered with Insurance Regulatory and Development Authority (IRDA) will be treated as eligible for the ¶enefit under the Scheme.

8.I In respect of all units to whom the subsidy is disbursed by the NEDFi/State Government, Cer$ficate of Utilization of subsidy for the purpose for which it was given shall be furnished to the Cenfral Ministry of Industry (Department of Industrial Policy and Promotion) by the financial Inst$tution//State Government concerned within a period of one year from the date of receipt of last instillment/full amount.

9. 1 The Insurance policy envisaged under the Scheme will be as indicated in Annexure-A.

10.j A High Level Monitoring Committee has been set up as in Annexure-Il which would monitor imdementation of the Scheme.

N. N. PRASAD I JL Seq.

ANNEXURE-A

IN CONSIDERATION OF the Insured named in the schedule hereto having paid to the ----------------1------ Insurance Company Limited (hereinafter called the company) the premium mentioned in the said schedule, THE COMPANY AGREES, (subject to the conditions and exclusions contained herein or end3rsed or otherwise expressed hereon) that if after payment of the premium the property insured described in the said schedule or any pan of such property be destroyed or damaged by the following:-

(Ifl1J W?IWfllfl:

Fire

ii. Lightning

iii. Explosion/Implosion btIt excluding loss of or damage

(a) to boilers (other than domestic boilers), economizers or other vessels, machinery or apparatus in which steam is generated or their contents resulting from their own explosion/implosion, (b) caused by centrifugal forced

iv. Riot, Strike, Malicious and terrorist Damage as per Riot, Strike, Malicious and terrorist Damage clause printed hereon.

V. Impact by any Rail/Road vehicle or animal.

vi. Aircraft and other aerial and/or space devices and/or articles dropped therefrom, excluding destruction or damage occasioned by pressure waves caused by such devices,

vii. Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation.

viii. Subsidence and Landslide (including Rockslide) resulting in collapse of the entire building or

part of.

ix. Earthquake Fire and Shock.

During the period of insurance named in the said schedule or of any subsequent period in respect of which the insured shall have paid and the Compaiiy shall have accepted the premium required for the renewal of the policy, the Company will pay to the Insured the value of the Property at the time of the happening of its destruction or the amount of such damage or at its option reinstate or replace such Property or any part thereof.

PROVIDED that the liability of the Company shall in no case exceed in respect of each item the sums expressed in the said Schedule to be insured thereon or in the whole the total sum insured hereby or such other sum or sums as may be substituted thereof by memorandum hereon-or attached hereto signed by or on behalf of the company."

RIOT, STRIKE, MALICIOUS AND TERRORIST DAMAGE CLAUSE.

This Policy covers Riot, Strike Malicious.and Terrorist Damage as under:-

I) Loss of or visible physical damage by external violbnt means to the property insured directly caused by:

I) The act of any person taking part together with others in any disturbance of the public peace (whether in connection with a.strike or lock-out or not) not being an occurrence mentioned in exclusion 7(a), (b).

2) The auction of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in minimising the consequence of any such disturbance.

3) The willfu1 act of any striker or locked out worker done in furtherance of strike or in resistance to a tack out resulting in visible physical damage by external violent means.

4)The action of any lawfully constituted authority, in preventing or attempting to prevent any sucl act or in minimizing the consequences of any such act.

5) Any malicious act but excluding any omission of any kind of any person(whcther or not such act s committed in the course of a disturbance of public peace) provided that the Company shall not be liable for any loss or damage arising out of or in the course of burglary, hou4ebreaking, theft or larceny or any attempt by any person taking part therein.

II) Los4 of or Damage to the property insured by explosion or otherwise directly caused by:

1. Au ct of terrorism committed by a person or persons acting on behalf of or in connection with any fxganization.

2. The action of any lawflully constituted authority in suppressing or attempting to suppress any sucl act, of terrorism or in minimizing the consequences thereof. For he purpose of this clause "terrorism" shall mean the use of violence for political ends and shalt include any use of violence for the purpose of putting the public or any section of. the public in fear.

INSURANCE DOES NOT COVER

by theft during or after the occurrence of any insured peril except as provided for the Strike and Malicious Damage Clause.

2. Lo* or damage to property occasioned by its undergoing any heating or drying process.

3. Lo$ or damage occasioned by or through or in consequence of

(a) The burning of property on order of any public authority (b) jSubterranean fire.

4. Los of damage directly or indirectly caused by or arising from or in consequence of or co4ributed to by nuclear weapons material.

5: Lojs or damage directly or indirectly caused by or arising from or in consequence of or cor$tributed to by ionising radiations or contaminations by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exclusion only, combustion shall include any self-sustaining process of nuclear fission.

6. La is or damage to any electrical machine, apparatus, fixture or fitting (including electric fans, ele tric household or domestic appliances, wireless sets etc. television sets and radios) or to an portion of the electrical installation, arising from or occasioned by over-running, excessive prc 3sure, short circuiting, arcing, self-heating or leakage or electricity, from whatever cause (lij htning included) provided that this exemption shall apply only to the particular electrical ma,hine, apparatus, fixture, fitting, or portions of the electrical installation so affected and not to other machines, apparatus, fixtures, fittings, or portions of the electrical installation which m be destroyed or damaged by fire so set up.

tin 41

7. Loss or damage occasioned by or through or in consequence directly or indirectly, of any of the following occurrences, namely, - (a) War; invasion, act of foreign. enemy hostilities or warlike operations (whether war be declared or not), civil war, (b) Mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power.

In any action, suit or other proceeding where the company alleges that by reason of the provisions \f the above exclusions any loss or damage is not covered by this insurance, the burden of proving that such toss or damage is covered shall be upon the insured.

8. Loss or damage to bullions or unset precious stones, any curios or work of art, for an amount exceeding Rs. 1000/-, manuscripts plans, dthv.ings, patterns, models or moulds, securities, obligations or documents of any kind , stamps, coins or paper money, cheques, books of account or other business books, computer system records, explosives, unless otberwisc expressly stated in the policy.

9. Property insured if removed to any building or place other than in which it is herein stated to be insured except Machinery and Equipments temporarily removed for repairs, cleaning, renovation or other similar purposes for a period not exceeding 60 days.

This insurance does not cover.

(a) Loss of earnings, loss by delay, loss of market or other consequential or indirect loss or damage of any kind or description whatsoever.

(b) Loss or damage resulting from total or partial cessation of work or the retarding or interruption or cessation of any process or operation or omissions of any kind.

(c) Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation commandeering or requisition by any lawfully constituted authority.

(d) Loss or damage occasioned by permanent or temporary dispossession of any building or plant or unit or machinery resulting from the lawful occupation by any person of such building or plant or unit or machinery or prevention of access to the same.

PROVIDED nevertheless that the Company is not relieved under © or (d) above of any liability to the Insured in respect of physical damage to the property insured occurring before dispossession or during temporary dispossession.

CONDITIONS

THIS POLICY shall be voidable in the event of mis-representation, mis-description or non-disclosure of any material particular.

2. All insurance under this policy shall cease on expiry of seven days from the date of fall or displacement of any building or part thereof or of the whole or any part of any range of building or of any structure of which such building forms part.

3353 G907-6

OF INDIA: EXTRAORDINARY I PART 1-SF.0 I

.OVIDED such a fall or displacement is not caused by insured perils loss or damage by ich is covered this policy or would be covered is such building, range of buildings or .icture were insured under this policy. Notwithstanding the above, the company, subject to express notice being given as soon as possible but not later than 7 days of any such fail or placement, may agree to continue the insurance subject to revised rates, terms and iditions as may be decided by it and confirmed in writing to this effect.

is insurance may be terminated at any time at the request of the insured, in which case the rnpany will retain the premium at customary short period rate for the time the policy has en in force. This insurance may also at any time be terminated at the option of the Company 15 days notice to that effect being given to the Insured, in which case the company shall be

ble to repay on demand a reteable proportion of the premium for the un-expired term from date of the cancellation.

4. (1k On the happening of any loss or damage the insured shall forthwith give notice thereof to th company and shall within 15 days after the loss or damage or such further time as the ecmpany may in writing allow in that behalf, deliver to the company.

(a i A claim in writing for the loss or damage containing as particular an account as may he resonably practicable of all the several articles or items or property damage or destroyed, and oil the amount of the loss or damage thereto respectively, having regard to their value at the ti *e of the loss or damage not including profit of any kind.

Particulars of all other insurances, if any

insured shall also at all time at his own expense produce, procure and give to the company such further particulars, plans, specification books, vouchers, invoices, duplicates or copies reof, documents, investigation reports (internal/external), proofs and information with pect to the claim and origin and cause of the fire and the circumstances under which the loss damage occurred and any matter touching liability or the amount of the liability of the rnpany as may be reasonably required by or on behalf of the Company together with a laration and oath or in other legal form of the truth of the claims and of any matters inected therewith.

under this policy shall be payable unless the terms of this condition have been with.

The Company reserves the right to treat the claim as no claim if no information/documents submitted by the insured within a period of 6 months from the date of loss.

i no case whatsoever shall the ICompany be liable for any loss or damage after the ation of 12 months from the happening of the loss or damage unless the claim is the et of pending action or arbitration; it being expressly agreed and declared that if the pany shall disclaim liability for any claim hereunder and such claim shall not within 12 dar months from the date of the disclaimer have been made the subject matter of a suit in Lrt of law then the claim shall for all purposes be deemed to have been abandoned and not thereafter be recoverable hereunder.

the happening of loss or damage to any of the property insured by this policy, the Company

[%1PI i—n ii 'inr W TRIM; 4RWRT 43

(a) enter and take and keep possession of the building or premises where the loss or damage has happened

(b) take possession of or require to be delivered to it any property of the insured in the building or on, the premises at the time of the loss or damage.

(c) keep possession of any such property and examine, sort, mange, remove or otherwise. deal with the same.

(ci) sell any such property or dispose of the same for account of whom it may concern.

The powers conferred by this condition shall be exercisable by the Company any time until notice in writing i§ giwo by the insured that he makes no claim under the policy, or if any claim is made, until such claim is finally determiged or withdrawn, and the company shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the insured or diminish its rights to rely upon any of the conditions of this policy in answer to any claim etc.

If the insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder or obstruct the Company, in the exercise of its powers hereunder, all benefits under this policy shall be forfeited,

The Insured shall not M any ease be entitled to abandon any property to the Company whether taken possession of by the Company or not.

6. If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof or if any fraudulent means or devices are used by the insured or any one acting on his behalf to obtain any benefit under the policy or if the loss or damage be occasioned by the willful act, or with the connivance: of the insured, all benefits under this policy be forfeited.

If the company at its option, reinstate or replace the property damaged or destroyed or any part thereof, instead of paying the amount of the loss or damages, or join with any other Company or thsqpQ(s) in so doing, the Company shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the tint of the occurrence of such loss or damage nor more than the sum insured by the Company thereon.

If the Company so elect to reinstate or replace any property, the insured shall at his own expense I pih the Company with such plans. Specifications, measurements, quantities and such other particulars as the Company, May require, and no acts done, or caused to be done, by the company with a view to reinstatement or replacement shall be deemed an election by the company to reinstate or replace.

If in any case the Company shall be unable to reinstate or repair the property hereby insured, because of any municipal or other regulations in, force affecting the alignment of streets or the conatnietlon of buildings or otherwise, the Company shall in every such case, only be liable to pay such sum as would be requisite to reinstate to its former condition.

44

8. Th insured shall at the expense of the Company do and concur in doing, and permit to tie do4e, all such acts and things as may be necessary or reasonably required by the Company for thej purpose of enforcing any rights and remedies or of obtaining relief or indemnity from otl*r parties to which the Company shall be or would become entitled or subrogated, upon its paging for or making good any loss or damage under this policy, whether such acts and things

sWi be or become necessary or required before or after his indemnification by the Company.

9. If 4t any time of any loss or damage happening to any property hereby insured there be any othfr subsisting insurance or insurances, whether effected by the insured or by any other peron or persons covering the same property, this Company shall not be liable to pay or coi$tribute more than its reteable proportion of such loss or damage.

10, If $e property hereby insured shall at the breaking out of any insured peril, be collectively of greiter value than the sum insured thereon, then the insured shall be considered as being his owji insurer for the difference, and shall bear a reteable proportion of the loss accpr,dingl. Ev4ry item, if more than one of the policy shall be separately subject to this condition.

Prvided, however, that if the sum insured hereby on the property insured shall at the operation of my of the perils insured under this Policy or at the commencement of such destruction or damage be not less than 85% (eight-five per cent) of the collective value of the property ins4red, this condition shall be of no purpose and effect.

11. If any dispute or difference shall arise as to the quantum to be paid under this Policy (liability beig otherwise admitted) such difference shall independently of all other questions be referred to 4ie decision of a sole arbitrator to be appointed in writing by the parties to or they cannot agr$e upon a single arbitrator within 30 days of any party invoking arbitration the same shall be 4eferred to a panel of three arbitrators, comprising of two arbitration, one to be appointed by each of the parties to the dispute/difference and The third arbitrator to be appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provisions of the [Arbitration and Concilliation Act, 1996.

It ij clearly agreed and understood that no difference or dispute shall be referable to arbitratioh as lerein before provided, if the company had disputed or not accepted liability under or in resl$eet of this policy.

It I hereby expressly stipulated and declared that it shall be a condition precedent to any right of 4tion or suit upon this policy that the awaid by such arbitrator/arbitrators of the, amount of the loss or damage shall be first obtained.

12. At 411 times during the period of insurance of this policy the insurance cover will be maintained to t!Ie 11*11 extent of the respective sum insured in consideration of which, upon the settlement of 4'y loss under this policy, pro rata premium for the unexpired period from the date of such

['IqI_flhJ qgnTuww: MWRM

loss to the expiry period of Insurance for the amount of such loss shall be payable by the Insured to the Company?

The additional premium referred above shall be deducted from the net claim payable under the policy. This continuous cover to the full extent will be Vivailable notwithstanding any previous loss for which the Company may have paid hereunder and irrespective of the Lid whether the additional premium as mentioned above has been actually paid or not following such loss. The intention of this condition is to ensure continuity of the cover to the insured subject only to the right of the company for deduction from the claim amount, when settled of plo-rata premium to be calculated from the date of loss till expiry of the policy.

Notwithstanding what is stated above, the Stun Insured shall stand reduced by the amount of loss in case the insured immediately on occurrence of the loss exercises his option not to reinstate the sum insured as above.

Negative List;

The following industries will not be eligible for benefits under NEUPP, 2007:-

(i) All goods falling under Chapter 24 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which pertains to tobacco and manufactured tobacco substitutes.

(ii) Pan Masala as covered under Chapter 21 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986).

(iii) Plastic carry bags of less than 20 microns as specified by Ministry of Environment and Forests Notification No.5.0. 705(E) dated 02.09.1999 and S.0.698 (E) dated 17.6.2003.

(iv) Goods falling under Chapter 27 of the First Schedule to the Cenral Excise tariff Act, 1985 (5 of 1986) produced by petroleum oil or gas refineries.

Value Addition

Benefits under NEHPP, 2007 will not be admissible to goods in respect of which only peripheral activities like preservation dining storage, cleaning operations, packing, re-packing, labelling or re-labelling, sorting, alteration of retail sale price etc. take place.

a a ANNEXURE-II

High Level Committee/Advisory Committee

(I) Secretary, Department of Industrial Policy and Promotion, ... Chairman Ministry of Commerce and Industry, Government of India.

(ii) Secretary, Department of Revenue, Ministiy of Finance, ... Member Government of India.

46 ThEGAZE! IEOF INDIA: EXFRAORDINARY lPAkr 1--SEC . 11

(ii) Secretary, Department of Banking and Insurance, Ministry ... - Member of Finance, Government of India.

(iv) Secretary, Ministry of Development of North Eastern ... Member Region, Government of India

(v) Adviser (Industry), Planning Commission .. Member

(vi) Adviser (NE), Planning Commission .. Member

(vii) Chairman-cum-Managing Director, North Eastern ... Member Development Finance Corporation (NEDF1), Guwahati,

(viii) jPrincipal Secretary/Secretary (Industry), of all the State Member Governments of North Eastern Region.

(ix) Development Commissioner, Small Scale Industries, ... Member 3overnment of India.

(x) dditiona1 Secretary& Financial Adviser, Department of ... Member ñdustrial Policy and Promotion, Ministry of Commerce and ndustxy, Government of India.

(xi) hief Controller of Accounts, Department of Industrial ... Member 'olicy and Promotion, Government of India

(xii) oint Secretary, Department of Industrial Policy and .,. Member 'romotion, Ministry of Commerce and Industry, Secretary lovemment of India

2. hé terms of reference of this Committee will be as under:

the Committee would monitor the following:-

(i) Notification of various Schemes under NEIIPP, 2007 in a timely manner. (ii) Monitoring of various Schemes/measures under NEIIPP, 2007 including release and utilisation

of funds. (iii) To overcome the difficulties in implementation of NEIIPP, 2007, which may arise from time to

time.

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