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HANK
YARN PACKING NOTIFICATION
A Statutory notification
Dated : 31st March,2000 issued for the protection and in the interest of
the handloom industry.
PART - 1
PREAMBLE :
The Textiles (Development
& Regulation) Order, 1993, an order issued under Section 3 of the Essential
Commodities Act 1955, empowers the Textile Commissioner appointed by the
Central Government, inter-alia, for the protection of the handloom industry
(a rural based industry) by way of ensuring that the yarn in hank form
is available in adequate quantity at reasonable prices to the handloom
industry and for that purpose, to make statutory provisions and for securing
compliance to the said statutory provisions by all concerned, regulate,
monitor, direct the textile industry, trade and the related associations,
federations, firms, persons, non-governmental organizations, councils,
bodies, co-operatives and public sector undertakings, etc. and in this
regard to secure co-ordination from the central and State Government departments/
offices/ organizations and the semi-government/government undertaking organizations.
The handloom industry which
caters to the employment and earning capacity of lakhs of poor handloom
weavers and their family members needs to be provided with adequate quantity
of yarn in the hank form (its raw material) at reasonable prices and on
an assured basis. With this objective in view, this statutory notification
has been issued by the Textile Commissioner.
PART - II
1. STATUTORY PROVISIONS
:
In exercise of the powers
conferred on the Textile Commissioner, appointed by the Union of India
(hereinafter referred to as the Textile Commissioner) by clauses 8, 12
& 13 of the Textiles (Development & Regulations) Order, 1993, an
order issued under Section 3 of the Essential Commodities Act, 1955, I,
as the Textile Commissioner, hereby stipulate/prescribe the following definitions,
directions, regulations, provisions, guidelines and instructions etc.,
to be complied with by all concerned, namely the concerned textile industry,
trade and related associations, federations, persons, non-governmental organizations
etc.
2. SHORT TITLE, EXTENT,
COMMENCEMENT AND
APPLICATION :
i. This notification shall
be called as the "Hank Yarn Packing Notification 2000" (hereinafter referred
to as 'H.Y.N.2000').
ii. It extends to the whole
of India.
iii. It shall come into force
with effect from the 1st of April, 2000.
iv. It shall continue to
be in force until further direction from the Textile Commissioner.
3. REPEAL AND SAVINGS
:
i. The Hank Yarn Packing
Notification No.8/TDRO/8/2/95 dt. 20th March, 1995, ceases to have effect
from the date the H.Y.N.2000 comes into force.
ii. Notwithstanding such
cessations of the notification referred to in sub clause (1), any order
made, anything done or any action taken or rights accrued or penalty incurred
or any direction made or notice issued or exemption granted or deemed to
have been made, done, taken accrued, incurred, issued or granted, as the
case may be, under the Hank Yarn Packing Notification No.8/TDRO/8/2/95,
dated 20th March,1995, shall be deemed to have been made, done, taken,
accrued, incurred, issued or granted under the corresponding provisions
of the H.Y.N.2000.
4. DEFINITIONS.
i. "Captive consumption"
shall mean the yarn actually used by a producer of yarn for producing cloth
in their own weaving/loom shed and/or knitting department, situated within
India.
ii. "Quarterly period" for
the purposes of H.Y.N.2000 shall mean the period January-March, April-June,
July-September and October-December of a calendar year.
iii. "Transferee mill" shall
mean the mill which has packed hank yarn in excess of its own obligation
and seeks to accept, to the extent of such excess packing, the obligation
on account of another mill with a shortfall in fulfillment of its hank
yarn packing obligations.
iv. "Transferor mill" shall
mean the mill which has a shortfall in the fulfillment of its hank yarn
packing obligation and seeks to fulfill the said shortfall by transfer
of obligation to another mill which has packed hank yarn in excess of its
own obligation.
v. "Yarn" for the purpose
of H.Y.N.2000 shall mean, yarn spun from not less than 90% cotton and/or
90% viscose fibre including their blends
and/or their wastes but does not include the following:
(a) hosiery yarn;
(b) Sewing thread;
(c) Industrial yarns, like
tyre cord, multiple yarn (more than 2 ply yarn), as defined by the Bureau
of Indian Standards from time to time;
(d) Mixed yarn of various
counts reeled off from cop bottoms and yarn comprising single count yarn
reeled off from cop bottoms having lose ends or knots at short lengths;
and
(e) Cellulosic/non-cellulosic
filament yarn or metallic yarn.
vi. "Yarn packed for civil
consumption" shall mean, the yarn packed for sale in the domestic market,
which includes the following:
(a) In the case of a producer
of both yarn and cloth, the yarn packed for delivery, transfer and sale
in India other than exports and deemed exports as defined in the Export
and Import Policy in force, in excess of the yarn actually used for producing
cloth in their own weaving/loom shed and/or knitting department situated
within India, (i.e. captive consumption) irrespective of whether the spinning,
and weaving and/or knitting units/departments are located in the same premises
or not.
(b) In the case of a producer
of only yarn, the yarn packed by him for delivery, transfer and sale in
India other than exports and deemed exports as defined in the Exports and
Import Policy in force.
(c) All other terms defined
in the Textiles (Development & Regulations order, 1993, shall carry
the same meaning for the purposes of H.Y.N.2000 to the extent relevant
and necessary.
5. SUBMISSION OF QUARTERLY
RETURN :
Every producer of yarn shall
furnish to the concerned Regional Office of the Textile Commissioner under
whose jurisdiction such producer of yarn is located and to the Consumer
Service Section of the Headquarters Office of the Textile Commissioner,
M/o Textiles, Govt. of India, New C.G.O. Building, 48, new Marine Lines,
Mumbai - 400 020, true and accurate information regarding packing of yarn
in compliance with the directions, provisions, guidelines, etc. contained
in HYN 2000, in Annexure-I appended to HYN 2000, so as to reach the said
offices on or before the 10th of the second month after expiry of each
quarterly period, by Registered Post A.D. or by acknowledged hand delivery.
6. EXTENT OF OBLIGATION
AND FULFILLMENT THEREOF:
i. Every producer of yarn
who packs yarn for civil consumption shall pack yarn in hank form in each
quarterly period commencing from April
- June, 2000 and in every subsequent quarterly period, in proportion of
not less than fifty percent (50%) of total yarn packed by him during each
quarterly period for civil consumption;
Provided that in regard to
yarn containing cotton including cotton waste to the extent of 90% or more
by weight, not less than eighty percent of the yarn required to be packed
in hank form shall be of counts 40s and below.
ii. A producer of yarn who
is enable to pack yarn in hank form for any reason or who does not have
reeling capacity to pack yarn in hank form, up to the extent of stipulation
made/proportion prescribed under sub clause (1) shall fulfill his obligation
prescribed under this clause in either of the following manners:-
(a) A producer of yarn, with
the written permission of the concerned Central Excise Department and the
Regional Office of the Textile Commissioner, shall get his yarn reeled
into hank form, by another producer having surplus reeling facility or
through independent reeling unit(s) which is(are) in the records of the
respective Regional Office of the Textile Commissioner. A producer of yarn
who avails of this facility shall produce a certificate in the 'Form-A'
appended to this notification, duly certified by a Chartered/Cost Accountant,
to the concerned Regional Office of the Textile Commissioner alongwith
the quarterly hank yarn packing return, i.e., Annexure-I, appended to the
HYN 2000, for every concerned quarterly period.
OR
(b) The shortfall in respect
of one producer of yarn (called as the transferor) for a particular quarter
shall be met by another producer (called as the transferee) after fulfilling
his (transferee's) own hank yarn packing obligation to the satisfaction
of the concerned Regional Office of the Textile Commissioner, and in this
regard, the information shall be furnished by the transferor in Annexure-II
appended to HYN 2000, so as to reach the jurisdictional Regional
Office of the Textile Commissioner and the Consumer Service Section of
the Office of the Textile Commissioner, M/o Textiles, Govt. of India, new
C.G.O. Building, 48, New Marine Lines, Mumbai - 400 020, on or before the
end of the second month after the expiry of each quarterly period, by Registered
Post A.D. or by acknowledged hand delivery.
7. CARRY FORWARD OF OBLIGATION
:
If the shortfall in hank
yarn packing obligation, that is to say, the overall hank yarn packing
obligation and/or coarser counts of hank yarn packing obligation is 15%
or less than 15%, and if it is not possible to fulfill the same by transfer
of obligation within the same quarterly
period, the said shortfall hank yarn packing obligation may be carried
forward to the immediately following quarterly period and the same should
be fulfilled in the said following quarterly period either by own packing
or by transfer.
8. CARRY FORWARD OF EXCESS
PACKING :
The surplus hank yarn packing
in a quarterly period can be carried forward by a mill only to the following
quarterly period for the purposes of fulfillment of its own shortfall in
hank yarn packing obligation in the said following quarterly period, but
not for undertaking hank yarn packing obligation of a transferor mill or
for any other purpose or for any other quarterly period.
9. FULFILMENT OF OBLIGATION
BY TRANSFER :
i. The fulfillment of shortfall
hank yarn packing obligation by a transferor mill for any quarterly period
shall be against the hank yarn packing of the transferee mil in excess
of its own obligation in the same quarterly period only.
ii. If a mill which packed
hank yarn more than its own hank yarn packing obligation, fails to submit
the quarterly return in Annexure-1 within the due date prescribed under
HYN 2000, it shall not be eligible for undertaking other mill's (transferor
mill's) shortfall hank yarn packing obligation even if it submits the quarterly
returns later and whether or not the delay in submission of the said quarterly
return is condoned or not.
PART - III
10. EXEMPTION :
i. A spinning mill declared
through an appropriate notification or order as a 'relief undertaking'
by the concerned State Government shall be exempted from the fulfillment
of hank yarn packing obligation for the period specified in the notification
or order.
ii. The spinning mill declared
as 'relief undertaking' shall submit a certified copy of such order/notification
of the State Government to the Consumer Service Section of the Office of
the Textile Commissioner, Mumbai, with a copy to the jurisdictional Regional
Office of the Textile Commissioner within one month from the date of such
notification or order, failing which, the exemption from fulfillment of
the hank yarn packing obligation will be admissible from the actual date
of submission thereof to the aforesaid authorities.
iii. Notwithstanding the
fact that a spinning mill has been exempted from fulfillment
of hank yarn packing obligation under this clause, it shall be required
to furnish the Hank Yarn Packing Return (Annexure-1) in terms of claue-5
of H.Y.N.2000.
11. DUTY TO GIVE INFORMATION,
ETC.
No person shall, with an
intent to evade the provisions of this notification, refuse to give any
information lawfully demanded from him in terms of his notification or
conceal, destroy, mutilate or deface any book or other documents or articles
kept by him in the course of his business. Any such acts of omission or
Commission shall constitute a violation of the provisions of this Notification
read with the Textiles (Development & Regulation) Order, 1993 and the
Essential Commodities Act, 1955.
CERTIFICATE OF REELING OF HANK
YARN FROM OUTSIDE
Certifiedthat
the following quantity of yarn produced by M/s.
... during the quarterly
period
., has been got reeled into hank form through M/s
.,
located at (full address)
with the due permission of the Central Excise
Department vide letter No
.., dated
.. (copy enclosed), and the
Regional Office of the Textile Commissioner,
.., vide letter No
,
dated
..
Quantity
in Kg.
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YARN
SENT OUTSIDE FOR THE PURPOSE OF REELING INTO HANK FORM
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1
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2
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3
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4
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5
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6
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7
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8
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1.
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Cone
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2.
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Cheese
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3.
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Cops
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(Signature
of the Proprietor/Partner/(Signature
of the Proprietor/
Director/Managing
Director/Partner/Director/Managing
Authorized
Signatory of the Director/Authorized
Sig-
Mills
who produce yarn, with date)natory
of the reeling unit
who
reeled the other form
of
yarn into hank form, with
date)
Seal
of the Company/firmSeal of the Company/firm
(Signature
with date, seal and
Enrollment
No. of the Chartered Accountant
as
the case may be)
ANNEXURE-I
QUARTERLY
HANK YARN PACKING RETURN
(Under
clause 5 of HYN 2000, No.16/TDRO/8/1/2000, dated 31st March,
2000).
Part
(00) Identification particulars:
(4-10)
1.Mills
Serial No.____________________
2.Mills
Name and Address _________________________Form
No.
3.Whether
Spg. Or Composite Unit -------------------------------
4.Nature
of Management123
(Write
1 for NTC, 2 for STC, 3 for Co-op. and 4 for Pvt./Others in the box)------------------------------
Q03
5.Quarterly
return pertaining to the period ending on______________-------------------------------
11121314
_______________
Part (01) Packing details of
non-obligatory varieties of yarn and yarn exempted from/not falling within
the purview of Hank Yarn Packing Noticiation-2000
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Item
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(Col.
Nos. 1 to 9) |
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(28-34)7
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Part
(02) YARN PACKED FOR CIVIL CONSUMPTION (OBLIGATORY VARIETIES) FORM Q 03
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Description/Form
of packing |
Item
No. |
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Categary
(2) yarn containing not less than 90% of viscose fibre or viscose plus
cotton fibres including their waste but excluding those at category (1)
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(3
+ 4) |
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Count
40s & below |
Count
above 40s |
Total
(1 + 2) |
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a)Hank
(Including yarn reeled into hank form from outside reelers)
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020101
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b)CONE
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020201
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c)PIRNS
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020202
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d)BEAM
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020203
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e)OTHERS
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020204
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f)Total
quantity of yarn, other than in hank form, packed for civil consumption.
(a+b+c+d+e) |
020300
(020201+020202+ 020203+020204) |
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g)Total
quantity of Yarn packed for civil Consumption.
(a+b+c+d+e) |
020400
(020101+020300) |
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h)Hank
Yarn Packing Obligation (H.Y.P.O)
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020501
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80%
of (h) of column No.3 = A.
(80%
of item No. 020501 of Column. No.3) |
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50%
of (g) of column No.3 = B
(50%
of item No. 020400 of Col.3) |
50%
of (g) of column No.4 = C.
(50%
of item No. 20400 of col.4) |
50%
of g) of column No.5 = D
(50%
of item No. 020400 of Col.5) |
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i)Shortfall
in fulfilment of H.Y.P.O.
[(h)
(a)] |
020601
(020501-020101) |
A-(a)
of col.No.1
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B-(a)
of column No.3
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C-(a)
of column No.4
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D-(a)
of column No.5
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j)Excess
hank yarn packing after fulfilling his own obligation.
[(a)
(h)] |
020701
(020101-020501) |
(a)
of Column No.1-A
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(a)
of column No.3-B
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(a)
of column No.4-C.
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(a)
of column No. 5 D.
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Certified
that the particulars furnished above are true and correct.For
fulfilment of shorfall H.Y.P.O., the annexure-II shall be submitted so
as to reach jurisdictional Regional Office of the Textile Commissioner
and Consumer Service Section of the Office of the Textile Commissioner,
Mumbai on or before the end of the second month after the expiry of
quarterly period for which this Annexure-I is submitted.
certified
that the particulars furnished above areCertified
that the particulars furnished above are
verified
and found to be true and correct to the verified
and found to be true and correct to the best
best
of my (Mills management) knowledge and beliefof
my (C.As) knowledge and belief.
Signature
(with date) of the Proprietor/Partner/MD/Signature
(with date) of the Chartered Accountant/
Director/Authorised
Signatory of the mill.Cost Account.
(Name
& Seal of the Mill)(with Name
and Enrolment No. of C.A.)
ANNEXURE-II
Application for transfer
of Hank Yarn Packing Obligation (H.Y.P.O)
(Under Clause 6(2) of HYN
2000, No.16/TDRO/8/1/2000 dt. 31st March, 2000)
Note:The
Annexure-II is to be submitted by the transferor mill(s) to the jurisdictional
Regional Office of the Textile Commissioner with a copy to the Consumer
Service Section of the Office of the Textile Commissioner, Mumbai, so as
to reach the said offices on or before the end of the second month after
the expiry of the concerned quarterly period.
----------------------------------------------------------------------------------------------
To
The
Officer-In-Charge,
Regional
Office of the Textile Commissioner,
____________________.
Sir,
In
terms of the Hank Yarn Packing Notification No.16/TDRO/8/1/2000 dated 31.03.2000,
we (transferor) were required to pack ________ kgs. of yarn for civil consumption
in hank form (H.Y.P.O) during the quarterly period__________.Whereas
we have packed _____ kgs. of yarn in hank form and already transferred
_____kgs of H.Y.P.O of the said quarterly period to other transferee mill(s).Now
we the transferor, have shortfall to the extent of _____kgs. in fulfilment
of the H.Y.P.O., for the quarter ______.We
therefore approached the transferee mill(s) M/s________________ who have
got excess hank yarn packing during the current quarter __________ after
fulfilling their own H.Y.P.O., for transfer of our shortfall H.Y.P.O for
the quarter _______.We have also
confirmed from transferee Mill(s) that they have submitted Annexure-I for
the current quarter _______ to their jurisdictional Regional Office of
the Textile Commissioner within due date specified in the HYN 2000.The
particulars of transfer of H.Y.P.O. by the transferor mill and the particulars
of excess hank yarn packing by the transferee mill(s) are furnished below:
I.Mill
Serial No. of Transferor:
(in
Kgs.)
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Sl.
No.
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Item
No.
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Particulars
of transferor mill
M/s._________ |
Overall
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Cotton
Yarn
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1.
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Total
H.Y.P.O.
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2.
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(i)
Hank yarn packed (by own packing including yarn reeled from outside reelers)
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3.
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(ii)Quantity
of H.Y.P.O transferred so far
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4.
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(iii)Total
of (i)+(ii)
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5.
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Quantity
of H.Y.P.O now being transferred
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6.
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Net
further shortfall of H.Y.P.O., if any. Sl. No.[1-(4+5)]
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II.Mill
Serial No. of Transferee :
(in
Kgs.)
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Sl.
No.
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Item
No.
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Particulars
of transferee mill
M/s._________ |
Overall
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Cotton
Yarn
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1.
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Total
H.Y.P.O.
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2.
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Hank
yarn packed (by own packing including yarn reeled from outside reelers)
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3.
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Excess
hank yarn packed. Sl. No.(2-1)
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4.
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H.Y.P.O.
of other mill(s)/producer(s) so far undertaken
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5.
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H.Y.P.O.
of above transferor mill(s) now being undertaken
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6.
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Remaining
(balance) excess, hank yarn packed, if any.Sl.No.[3-(4-5)]
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We,
the transferee mills have submitted Annexure-I for the current quarter
_________ to our jurisdictional Regional Office of the.Textile Commissioner
___________ within due date specified in HYN 2000.
We
the transferor and transferee mills agree with the above arrangement and
request you to kindly issue us the registration letter for transfer of
above H.Y.P.O. of above transferor mill.
We
further certify that the particulars furnished above are true and correct
to the best of our knowledge and belief.We
fully understand that, if any of the information furnished above is found
incorrect at any point of time, the registration letter issued by the jurisdictional
Regional Office of the Textile Commissioner shall stand null and void without
prejudice to any action that may be initiated against us severally or jointly,
by the office of the Textile Commissioner.
Thanking
You,
Yours
faithfully,
Signature
(with date) of Proprietor/Partner/Signature
(with date) of
Managing
Director/Director/AuthorisedProprietor/Partner/MD/
Signatory
of transferee mill (with full addressDirector/Authorised
&
Phone no. of the mill)Signatory of
transferor
mill
(with full address &
phone
No. of the mill)
CERTIFICATE
OF CHARTERED ACCOUNTANT/COST ACCOUNTANT
We
certify that the above information furnished by the transferor and the
transferee mills tally with the Central Excise documents and other relevant
records maintained by them.
Signature
(with date ) of the Signature
(with date) of
Chartered
Accountant/Cost Accountantthe Chartered
Accountant/
Of
TRANSFEROR mill.Cost Accountant
of
(with
Name & Enrolment No. and seal)TRANSFEREE
mill.
(with
Name & Enrolment No.
and seal)
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