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31
Now, therefore, both the parties to the MoU have agreed to set up and
strengthen this project and abide by the following.
1. Grant would be released by APEDA to the Agency as per the following
terms:
a) First installment equivalent to 50% of the total amount of grant
sanctioned, provided as advance against a
Bank guarantee (
from a
Scheduled Bank in India)
, of equivalent value, having of
validity linked to
projected completion date In case the project execution is delayed,
APEDA may grant extension on a case to case basis. However, APEDA
reserves the right to invoke the bank guarantee in the event of project
not being executed within the time limit provided in the MOU including
extensions, if any. All grants received from APEDA would be maintained
in a separate bank account by the Agency.
a. Next installment equivalent to 40% of the total amount of grant
sanctioned shall be released by APEDA to the Agency after
submission of self certified bills and invoices along with the
Utilization Certificate (UC) in the format GFR 19A (annexed with this
MoU) from competent authority or chartered Accountant confirming
full utilization of first installment of 50% advance amount and after
physical verification conducted by APEDA.
b. Last installment of Balance 10% of total amount of grant sanctioned
shall be released by APEDA to The Agency after submission of self
certified bills and invoices,
Utilization Certificate confirming full
utilization of second tranche of 40% amount and satisfactory
physical verification conducted by APEDA.
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32
c.
That after successful execution of the project on the release of the
final installment APEDA‟s role is completed and it is responsibility of the
agency to monitor the project to ensure that it runs successfully.
2.
In accordance with Government of India‟s directive APEDA will deduct
5% of the amount of assistance released in each installment
3. The responsibility of running, operation and maintenance of the project
and all statutory liabilities (legal or financial) accruing from „The project‟
rest with The Agency. The Agency will have to comply with the following
terms and conditions:
a) The funds or facility shall not be diverted or utilized for purposes
other than,
for which it is sanctioned.
b) The Agency shall maintain the assets in good working condition at
all times
c) The Agency shall furnish to APEDA such statement of accounts and
of performance, or any other information called for by APEDA from
time to time.
d) The Agency shall comply with any term or condition that may be
imposed from time to time by APEDA by written notice to ensure
proper utilization of the facility in meeting the stated objective of the
Scheme and the same shall be binding on the agency.
e) The Agency shall not sell or transfer or alienate or other part with
the possession in whole or part of the assets without prior approval
by APEDA.
f) The Agency shall allow the representative of APEDA to inspect the
assets and the place of operation of the agency from time to time;
and the agency shall allow such inspection without any hindrance
whatsoever.
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33
4. The charges for utilization of the facility would be decided in consultation
with APEDA and will be notified by „The Agency‟ These charges will be
fixed on a scientific basis after examining the relevant factors including
cost of services, maintenance/repairs, cost of hiring labour etc.,
5. A monitoring committee will be constituted by the agency, which will
provide quarterly progress reports of the projects
and records will be
maintained by the Agency about the utilization of the export facility
which will be verified by The Committee from time to time. The detailed
functions of the Monitoring Committee are annexed. The Committee will
comprise of members from The Agency, APEDA(2 members) , End users
& other stakeholders (2 members)
6. The project shall be commissioned by The Agency within a period of 24
months from the date of signing of MoU.
7. In case of any delay in completion of the project a penalty of 1% will be
imposed for each month delay subject to a maximum of 5% of the
project cost.
8. However, upon written request by The Agency well ahead of expiry of the
IPA and the MoU , the Competent Authority in APEDA reserves the right
to extend the completion period of the project if proper justification is
provided by The Agency.
9. APEDA‟
s
will monitor the project till 36 months after satisfactory
completion of the project.
10. APEDA has the right to invoke the Bank Guarantee if the project
implementation is delayed beyond the stipulated time and extension
thereof.
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34
11. Any deviation in the sanctioned Project cost and cost components will be
done after prior approval of APEDA.
12. In the event of The Agency failing to comply with terms and conditions of
the MoU, it shall be liable to refund the whole or part of the Grant for
Creati
on
with interest @ 10% per annum thereon.
13.
In case of any dispute arising on any of the matter, both the
parties agree to settle the dispute amicably. In case the issue is not
settled within a period of 3 months of issue of matter then all disputes
arising between the parties as to the interpretation, operation, or effect of
any clause in this deed or any other difference arising between the
parties, which cannot be mutually resolved shall be referred to
Competent Authority of APEDA. The decision of such an arbitrator shall
be binding on the parties.
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35
IN WITHNESS WHEREOF, the parties hereto have executed this Memorandum
on the day, month and year first above written and concluded it at _______.
For and on behalf of APEDA
……………………………………
Agricultural & Processed Food
Products Export Development
Authority (APEDA)
3rd Floor, NCUI Building
3, Siri Institutional Area,
August Kranti Marg, New
Delhi-110 016
For and on behalf of
………………………………………..
………………………………….,
Witness 1…………………………………………………………
(Name, Designation and Address)
2…………………………………………………………
(Name, Designation and Address)
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36
Annexure to MoU
Functions of the Monitoring Committee
The Committee will meet once every quarter with 50% quorum.
The Monitoring Committee shall oversee the efficient functioning of the
facility and would play an advisory role.
The Committee will submit its report to APEDA about the status of the
project.
The committee will review the functioning and the user charges levied
and utilization of the facility in consultation of all the stakeholders and
suggest corrective measures as and when required
The Committee will also utilize its existence for sensitizing the
stakeholders
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37
Annexure-3
PROFORMA OF CHARTERED ACCOUNTANT’S CERTIFICATE FOR THE
SCHEME FOR
PACKAGING MATERIAL
This is to certify that M/s……………………………….having their registered
office at……………………………………………………………………
……………………..have
incurred
an
expenditure
of
Rs.……………(Rupees……………………..…………………………………………)
towards purchase of ………………………(no) of boxes of which
………………….(no) boxes have been utilized for export during the financial year
…………………………………..as detailed. It is further certified that as at financial
year end on 31
st
March…………………………a total of (no)……………..boxes
stood as closing balance.
Box Size*
….Kg
….Kg
….Kg
….Kg
Qty Val Qty Val Qty Val Qty Val
Opening balance as on
1
st
April,………………………………..
Boxes purchased during
1
st
April………to
31
st
March…….
Total boxes
No of boxes exported during
1
st
April………to
31
st
March…….
Closing balance as on
31
st
March……………………………
Please mention only required box sizes
Note : Details of all sizes of boxes should be provided even if it means
expanding the table accordingly.
Details of supplies and Payment particulars are given below :
Purchases :
Supplier
Bill NO &
Date
Size of Boxes No. of boxes
Amount (Rs)
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38
Payments during the financial year :
Supplier Payment
towards
Invoice
NO
&
Date
Cheque/DD
No
and
Date
Date of
clearance
of
cheque
Amount
(Rs)
TDS
deducted
&
deposited
(Rs)
Net
Amount
paid
(Rs)
Payments during the subsequent financial year related to the purchases
made during the financial year for which application pertains:
Supplier Payment
towards
Invoice
NO
&
Date
Cheque/DD
No
and
Date
Date of
clearance
of
cheque
Amount
(Rs)
TDS
deducted
&
deposited
(Rs)
Net
Amount
paid
(Rs)
Note : If required : details may be furnished in a separate annexure.
Date: Signature of Chartered Accountant ……………………………..
Membership No………………………………………………….
Seal of Chartered Accountant
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39
ANNEXURE \4
Application Form for Marketing Development Assistance
For Participation in Trade Fair/Exhibitions/BSM/Trade delegation Abroad
Ref. No._____________
Date:______________
01
Name of the firm with full
address
IEC No._______________
02 APEDA Registration No.
03 Product Details
04
F.O.B. Value exports during the
last three financial years
Qty in MTs Value :in Rs In crores
Year
Quantity
Value
045
Particulars of fair/exhibition/
BSM/ Trade delegation
Name of event :
Place :
Country :
From ________________To_____________
06
Particulars of the current visit Date of departure from India
Date of arrival in India
Please attach CA Certificate
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40
07 Details of proposals already
submitted in the same financial
year along with name of the
exhibition / BSM/ Trade
delegation
Year
Event with
dates
Status
08 Details of earlier participation in
the same event with MDA
assistance.
Year
Dates
Status
09 Whether
national
organized by ITPO,EPC etc.
Yes/No
10 Whether participating through
ITPO/EPC etc.
Yes/No
11 Whether
waiver
From ITPO, EPC etc.
Yes/No/N.A.
12 Name and designation of the person
going abroad
Place :
Date :
Signature of Participant member……………………..
Designation…………………………………………….
Seal of the firm…………………………………………
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