Section 26 in Notifications under - The Industries (Development And Regulation) Act, 1951
26. Chemicals (other than fertilisers).
(i)Sodium/potassium chlorate.(ii)Calcium carbonate.(iii)Calcium carbide.(iv)Elemental Phosphorous.(v)BHC Technical.(vi)m-amino phenol.(vii)m-dinitro benzene.(viii)Nitro benzenes.(ix)Nitro cholro benzenes.(x)Nitro toluenes(xi)Alcohol based chemicals, namely acetaldehyde, acetic acid, acetic anhydride ethyl acetate and diethyl ether.(xii)Formaldehyde.(xiii)Nylon chips /nylon moulding powder.(xiv)Polyster chips /polyester moulding powder.(xv)Industrial alcohol.(xvi)Sodium/ Potassium cyanide.(xvii)Pesticides/ Insecticides formulations based on technical material obtained from source other than own manufacture.(xviii)Carbaryl.(xix)Quinalphos.(xx)Dimethoate.(xxi)Aluminium Phosphide.(xxii)Insporturon.(xxiii)Phorate.(xxiv)Monocrotophes.(xxv)Carbondazine.(xxvi)Fenitrophion.(xxvii)6-APA.S.O. 391(E), dated 17th June, 1993. - Whereas the manufacture of readymade garments has been reserved for exclusive production by any ancillary or the small scale industrial undertakings;And whereas the Central Government is of the opinion that it is desirable to allow higher investments in the industrial undertakings manufacturing readymade garments with a view to securing technological upgrading and increasing exports;Now, therefore, in exercise of the powers conferred by sub-section (1) of Sec. 29B of the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central Government hereby exempts an industrial undertaking engaged in manufacture of readymade garments, having product code 264104, from the operation of the provisions of sub-sections (2A) to (2G), both inclusive, of Section 29B of the said Act subject to the following conditions, namely:(i)that the investment in fixed assets in plant and machinery in the industrial undertaking, whether held on ownership terms or on lease or by hire purchase shall not exceed rupees three hundred lakhs;(ii)that such industrial undertaking shall undertake to export a minimum of fifty per cent of the new or additional annual production to be achieved within a maximum period of three years; and(iii)not less than fifty per cent of the export obligation undertaken in (ii) above shall be achieved by way of non-quota exports.Explanation. - For the purpose of this notification "product code" means the product code specified in Sch. III of the Notification of the Government of India in the Ministry of Industry (Department of Industrial Development) No. S.O. 477(E), dated the 25th July, 1991.Note. - For the purposes of this notification,(a)in calculating the value of plant and machinery, the original price thereof, irrespective of whether the plant and machinery are new or second hand, shall be taken into account but the following shall be excluded, namely :(i)the cost of equipments such as tools, jigs, dies, moulds and spare parts for maintenance and the cost of consumable stores;(ii)the cost of installation of plant and machinery;(iii)the cost of research and development equipment and pollution control equipment;(iv)the cost of generation sets, extra transformer, installed by the undertaking as per the regulations of the State Electricity Board;(v)the bank charges and service charges paid to the National Small Industries Corporation or the State Small Industries Corporation;(vi)the cost involved in procurement or installation of cables, wiring, bus bars, electrical control panels (not those mounted on individual machines), oil circuit breakers /miniature circuit breakers, etc. which are necessarily to be used for providing electrical power to the plant and machinery/ safety measures;(vii)the cost of gas producer plant;(viii)transportation charges (excluding of taxes, e.g. Sales Tax, Excise, etc.) for indigenous machinery from the place of manufacturing to the site of the factory;(ix)charges paid for technical know-how for election of plant and machinery;(x)cost of such storage tanks which store raw materials finished products only and are not linked with the manufacturing process; and(xi)cost of fire fighting equipments;(b)in the case of imported machinery, the following shall be included in calculating the value, namely(i)import duty (excluding miscellaneous expenses as transportation for the port to the site of the factory, demurrage paid at the port);(ii)the shipping charges;(iii)customs clearance charges; and(iv)Sales tax.
