See Full Document Text
GUIDELINES FOR IMPLEMENTATION OF SHIPBUILDING FINANCIAL
ASSISTANCE POLICY
1. (a) Title: The policy for grant of financial assistance to shipyards shall be called
“Shipbuilding Financial Assistance Policy” and the guidelines formulated to implement
the policy shall be called “Guidelines for implementation of Shipbuilding Financial
Assistance Policy”.
(b) Validity: The Shipbuilding Financial Assistance Policy shall be effective for
shipbuilding contracts signed during the dates, April 1, 2016 to March 31, 2026,
including the said dates. The guidelines shall be subject to amendment from time to time
to address the requirements of implementation of the policy.
(c) Applicability: The said policy as well as the guidelines shall be applicable to all
the Indian shipyards.
2. Definitions.
(a) “Actual Payment” means the total quantum of payment received by the shipyard
pertaining to a shipbuilding Contract including such payment received subsequent to the
delivery of the vessel as is duly certified by a Chartered Accountant registered with
Institute of Chartered Accountants of India in the format prescribed at Annexure-III of
these guidelines and supported by requisite documentary evidence.
(b) “Competent authority” means the authority designated for performance of
various functions under these guidelines for implementation of the policy by Ministry of
Shipping in Schedule-V.
(c) “Contract”, unless otherwise stated, means a shipbuilding Contract
corresponding to construction of underlying vessel or vessels, as the case may be, and
shall include the initial or the first Contract signed for such construction or any
subsequent contracts amending the said initial Contract or executed replacing the said
contract provided that the Contract continues to pertain to the said underlying vessel or
Page 1 of 29vessels of the initial Contract. In case of cancellation, Contract would mean the new
shipbuilding Contract signed with the new buyer.
(d) “Contract Price” means the price at which the initial or the first shipbuilding
Contract has been signed, or, any such lower price agreed at a later date in a
supplementary or subsequent Contract for the vessels required to be constructed under
the Contract involving the shipyard as one of the parties to the said later Contract.
(e) “Date of Contract” means the date of signing of the initial or the first Contract for
construction of underlying vessel or vessels, as the case may be.
(f) “Financial Assistance”, means the monetary incentive granted by the
government to the shipyards for construction of vessels underlying a shipbuilding
Contract and shall not include any fiscal incentives granted to the shipyards by the
government.
(g) “Fair Price” means,-
(i) In case of a standard vessel, the price of the underlying vessel as on the date of
Contract as derived by the competent authority based on international trend;
(ii) In case of vessels other than standard vessels, the lowest of the prices, as on the
date of Contract, as are determined by three approved International Valuers listed in
Schedule–III.
(h) “In principle approval” means the approval granted by the competent authority
establishing eligibility of claim of a shipyard for grant of financial assistance for vessel
under construction, subject to fulfillment of conditions prescribed in the policy guidelines.
(i) “International Valuer” means the valuers listed in Schedule-III.
(j) “Rate of Financial Assistance” means the rate at which the financial assistance
shall be granted to the shipyard and determined with respect to the rate indicated in
column (3) of the table in Schedule-IV corresponding to the date of Contract.
Page 2 of 29(m) “Recognized Organization” means an organization recognized by the
Government of India as per the Gazette Notification No. S. O. 3316 (E) dated December
26, 2014.
(n) “Specialized Vessel”, for the purpose of grant of financial assistance under
these guidelines, means a type or class of vessel listed in Schedule-II.
(o) “Standard Vessel” means a vessel that is not a specialized vessel and for which
fair price is determined on a periodic basis by the competent authority based on
international price trends.
(p) “Shipyard” means any floating or a land based facility comprising of all or any
amongst the following as essential features, namely,- waterfront, turning basin, berthing
and docking facility, slipways and ship lifts, and, located within the territories of India and
undertaking construction, manufacture, reconstruction or repair of vessels in India.
(q) “Vessel”, for the purpose of grant of financial assistance under these guidelines,
means all types of floating crafts or structures built under the classification of one of the
Recognized Organizations but shall exclude the crafts specified in Schedule-I.
3. Eligibility of vessel for availing the Financial Assistance.
Only those vessels, which are constructed and delivered within a period of three years
from the date of Contract, shall be eligible for availing financial assistance under the
policy.
Provided that, in case of specialized vessels, the competent authority may grant
in principle approval for construction and delivery of such vessels within a specific period
even beyond the aforesaid three years, but not exceeding six years, when the shipyard
applies for such approval for the vessel under the policy guidelines and thereafter the
delivery period provided for in this Clause shall be the extended period as permitted by
the Competent Authority.
4. Application for Financial Assistance.
Page 3 of 29(a) The application for in principle approval for grant of financial assistance for a
vessel shall be made as per the procedure prescribed in Annexure-I of this policy.
(b) The application for release of financial assistance for a vessel shall be made
subsequent to delivery of the vessel as per the procedure prescribed in Annexure-II of
this policy and the competent authority shall, after due scrutiny of the application, permit
release of the financial assistance to the applicant shipyard.
(c) Denial of benefit sought under the applications made in pursuance of sub-clauses
(a) and (b) above by the competent authority shall be conveyed to the applicant shipyard
in writing with reasons for such denial.
5. Computation of Financial Assistance.
(a) The quantum of financial assistance for a vessel shall be the product of the
applicable rate of financial assistance prevailing on the date of Contract, and, the lowest
of the contract price or the fair price when converted in Indian Rupees:
Provided that, at the time of release of financial assistance, if the actual payment
received for a vessel is lower than the contract price, such payment shall replace the
contract price in the computation of the formulae for financial assistance.
(b) In case of a Contract obtained through global tender or competitive bidding, the
bid price shall be treated as the contract price for computation of financial assistance in
the formulae specified at sub-clause (a) above.
(c) For the purpose of computation of financial assistance as per the formulae
specified at sub-clause (a) above, the fair price or contract price or actual payment, if
received in foreign currency, shall be converted into Indian Rupees as per the exchange
rate published by the State Bank of India under the category of TT Buying Rates on the
date of Contract:
Provided that, in case the exchange rate is not among the currencies published
by the State Bank of India, the applicant shipyard shall obtain a certificate from the State
Page 4 of 29Bank of India about the exchange rate for the currency prevailing on the date of
Contract.
6. Release of Financial Assistance.
(a) Wherever, in principle approval for grant of financial assistance for a vessel has
been granted by the competent authority, such financial assistance shall be released for
the vessel subject to compliance of conditions of this policy as well as subject to
availability of budget:
Provided that, in case of standard vessels, which are not specialized vessels,
such financial assistance shall not exceed Rupees Forty Crores.
(b) The requisite financial assistance shall only be released in Indian Rupees.
7. General Conditions.
(a) In case of shipbuilding contracts signed for construction or manufacture of more
than one vessel, only those vessels under the Contract whose date of delivery lies within
the period of three years or such extended period permitted under Clause 3 above the
Competent Authority from the date of Contract shall be granted in principle approval by
the competent authority for claiming financial assistance for the vessels mentioned
therein:
Provided that, only those vessels which are actually delivered within three years
from the date of Contract or within the extended period permitted under Clause 3 above
by the Competent Authority shall be considered for release of financial assistance.
(b) The major portion of the hull of the vessel for which financial assistance is
claimed is to be constructed and assembled in India.
(c) The assembly of the hull, installation and commissioning of the major machinery
and equipment and tests/trials of the vessel is to be done in India. In case any test/trials
Page 5 of 29are required to be conducted outside India, in terms of the Contract/owner requirements,
the same shall also be acceptable for grant of financial assistance.
(d) The shipyard applying for financial assistance under the policy should not availed
any monetary subsidy, grant or incentive for the construction or manufacture of the said
vessel under any other policy or scheme of the Central or State Government.
(e) Notwithstanding anything contained in these guidelines, only those vessels shall
be eligible for grant of financial assistance for which the construction shall commence
subsequent to the signing of valid contracts covered under these guidelines.
(f) The shipyard applying for in principle approval as well as release of financial
assistance under the policy should submit an affidavit as per the format prescribed in
Annexure-I and Annexure-II respectively, including for compliance of conditions in sub-
clauses (b) to (e) above. In case of application for release of financial assistance such
affidavit shall also be accompanies with a certificate from the Recognized Organization
as per the formats prescribed in Annexure-II.
8. Grievance Redressal, Amendments and Review.
(a) If any grievance arises from acts of commission or omission of the designated
competent authority, the same shall be referred to the Institutional Mechanism, as
notified by the Ministry of Shipping in this regard, and the decision of such Institutional
Mechanism in this regard shall be final. The Ministry of Shipping shall also notify the
procedure for filing, as well as, resolution of such requests by the Institutional
Mechanism.
(b) Ministry of Shipping shall review these guidelines every two years from the date
of issue or the date of last review, as the case may be. However, this shall not affect the
right of the Ministry to amend or modify these guidelines at any point of time including
the Schedules and Annexures appended thereto.
*****
Page 6 of 29SCHEDULE-I
LIST OF VESSELS EXCLUDED FROM FINANCIAL ASSISTANCE POLICY
1. Vessels built for Indian buyer or ship owner, which do not exceed length of more
than 24 meters.
2. Vessels made of wood irrespective of their lengths.
3. Vessels for construction of which, monetary subsidy, grant or incentive is being
given under any other policy or scheme of the Central or State Government.
4. Vessels built for defence purposes or for use by Navy or Coast Guard.
5. Vessels built under contracts secured on nomination basis from the Central or
State Government or their agencies excluding Central Public Sector Enterprises or State
Public Sector Enterprises.
*****
Page 7 of 29SCHEDULE-II
LIST OF SPECIALIZED VESSELS
1. LNG Carrying Vessels.
2. LPG Carrying Vessels.
3. All Passenger Vessels under MS Act/SOLAS with a minimum capacity of 500
passengers.
4. Chemical Tankers.
5. Floating or Submersible Drilling or Production Platforms.
6. Floating, Production, Storage and Offloading (FPSO) units.
7. Floating, Storage and Offloading (FSO) units.
8. Floating, Storage, Regasification Units (FSRUs).
9. Mobile Offshore Drilling Unit (MODU) Rigs.
10. Mobile Offshore Production Units.
*****
Page 8 of 29SCHEDULE-III
LIST OF INTERNATIONAL VALUERS
Sl. No. Name of International Valuers
1. M/s. Barry Rogliano Salles, 11, Boulevard Jean Mermoz, 92200
Neuilly-sur-Seine, France.
2. M/s. Galbraiths Limited Shipbrokers, Bridge gate House 124-126
Borough High Street, London - SE1 1BL.
3. M/s. Gibson Shipbrokers, P.O. Box 278, Audrey House, 16-20 Ely Place,
London - EC1N 6SN.
4. M/s. M3 Marine Group Pte. Ltd., 1 Commonwealth Lane, #09-19 ONE
Commonwealth, Singapore – 149 544.
5. M/s. Nor-Ocean Offshore AS, P.O. Box 1833 Vika, N-0123, Oslo,
Norway.
6. M/s. Affinity (Shipping) LLC, 44th Floor, The Leadenhall Building, 122,
Leadenhall Street, London, EC3A 8EE.
7. M/s. Maersk Broker, Midtermolen, 1 DK-2100 Copenhagen, Denmark.
8. M/s. Clarkson Platou, Commodity Quay, St. Katharine Docks, London
E1W 1BF
9. M/s. RBSA Advisors, 21-23, T.V. Industrial Estate, 248-A, S. K. Ahire
Marg, Worli, Mumbai 400 030 INDIA
*****
Page 9 of 29SCHEDULE-IV
RATES AND BUDGET FOR FINANCIAL ASSISTANCE
Sl. No. Financial Year Rate of Financial Assistance (%)
(1) (2) (3)
1. 2016-2017 20.00
2. 2017-2018 20.00
3. 2018-2019 20.00
4. 2019-2020 17.00
5. 2020-2021 17.00
6. 2021-2022 17.00
7. 2022-2023 14.00
8. 2023-2024 14.00
9. 2024-2025 14.00
10. 2025-2026 11.00
*****
Page 10 of 29SCHEDULE-V
DESIGNATION OF COMPETENT AUTHORITY
Sr. No. Clauses of the Policy Competent Authority
(1) (2) (3)
1. 2 (g), 2 (h), 2(o) Director General of Shipping
2. 3 Director General of Shipping
3. 4 Director General of Shipping
4. 6 Director General of Shipping
5. 7 Director General of Shipping
6. 8 Director General of Shipping
*****
Page 11 of 29ANNEXURE-I
PROCEDURE FOR OBTAINING “IN PRINCIPLE” APPROVAL
1. Within sixty (60) days from the date of signing the contract, the shipyard shall
apply under the policy on the web portal created for the purpose by the competent
authority and upload scanned copies of the following documents, namely:-
(i). Notarized copy of the Contract signed between the shipyard and the ship owner
or buyer for construction of the vessel;
(ii). Technical specifications of the vessel to be constructed;
(iii). Bank Account details of the shipyard agreed under the contract.
(iv). Affidavit signed by the Proprietor/Partner/Chairman/CMD/MD/CEO of the
shipyard, duly authorized in this regard, as per the format attached at Annexure-IA.
1.1. For shipbuilding contracts signed in April, 2016 and May, 2016, an additional sixty
(60) days from the date of signing of contract shall be available for applying on the portal
for in principle approval.
2. The portal shall provide a unique application number upon first submission of the
application by the shipyard.
3. Using the unique application number, the applicant shipyard shall be able to
revise application and documents uploaded on the portal, except the date of contract,
during the entire period available for submission of application by the shipyard for in
principle approval. The closure date for submission of the application, or revised
application as the case may be, shall be 60 days from the date of contract or such
additional 60 days in case of contracts signed during April, 2016 and May, 2016.
4. After the closure date, in case of Contract for construction of vessels other than
the standard vessels, the portal shall also provide details of three valuers randomly
selected by the portal for assessment of value of the vessels.
Page 12 of 294.1. The applicant shipyard shall approach the aforesaid valuers and upload their
assessed values on the portal.
4.2. In case any of the three valuers are not willing to assess the values, the shipyard
would indicate the same on the portal which shall reselect another valuer to assess the
values.
5. Subsequent to such submission, including the valuation reports in case of Para 4
above, the competent authority shall scrutinize the application and accord or decline an
in principle approval to the applicant shipyard within 30 days of the submission, along
with reasons in writing for decline of such approval.
*****
Page 13 of 29Annexure-IA
DRAFT AFFIDAVIT FORMAT
I, ________ (insert name), son/daughter of ________ (insert Father’s name), being the
authorized signatory of ________(insert name of the Shipyard) (hereinafter referred to
as the “Shipyard”) do hereby solemnly affirm and state as under:
1. That I am the ________ of ________ (insert name of Shipyard) and am
competent to swear this affidavit.
2. I state that ________ (insert name of the Shipyard) is a company/partnership
firm/proprietorship firm registered under the applicable laws of the country and situated
in ________ (insert name of the State) and the activities are carried out/operated within
the territories of India.
3. I state that the shipyard has executed a contract dated ________(insert date of
contract) with M/s.________ (insert name and address of the ship owner/buyer) for
construction of ________ (insert details of the vessel like Hull No, DWT and
type/category of the vessel) (hereinafter referred to as the “Vessel”). I state that the
order is an export/domestic order and has been obtained on competitive
bidding/negotiated/nomination basis.
4. I state that as per the contract the following vessel (s) have to be delivered to the
ship owner M/s. ________ (insert name of the buyer) on the following dates, namely:-
(i) (Identification Details of Vessel 1) on ________ (contractual delivery date).
(ii) (Identification Details of Vessel 2) on ________ (contractual delivery date).
….
5. I state that the Shipyard shall use the following Bank Accounts for all financial
transactions with the buyer/ship owner, namely:-
Page 14 of 29(i) Bank Account No. _______ (insert bank account number) opened in _________
(insert name and address of the Branch of the Bank) in the name of ____________
(insert name of the shipyard).
(ii) Bank Account No. _______ (insert bank account number) opened in _________
(insert name and address of the Branch of the Bank) in the name of ____________
(insert name of the shipyard).
….
5.1. I further state that any change in the Bank Account number shall be intimated by
me or the authorized signatory of the Shipyard to the Government of India within seven
(7) days of such change.
6. I state that the shipyard is not claiming any other monetary subsidy, grant or
incentive from the Government, whether state Government or Government of India for
construction of the said vessel.
7. I state that the construction of the subject vessel (s) has/have not commenced
prior to signing of contract dated ________ (Date of contract as mentioned in Para 3).
8. I state that the following documents have been furnished by the Shipyard in
support of its application for release of financial assistance under Financial Assistance
Policy of the Government of India, namely:-
! Notarized copy of the Contract signed between the shipyard and the ship owner or
buyer for construction of the vessel;
! Technical specifications of the vessel to be constructed;
! Bank Account details of the shipyard agreed under the contract.
9. I state that all the above documents are true copies of their originals and are
genuine.
Page 15 of 29I undertake to furnish any other/further/additional documents that may be asked by the
Government of India for conveying in principle approval to the Shipyard.
VERIFICATION
Verified at ________(insert place) on this the ________ day of ________ 20__
that the contents of the foregoing affidavit are true and correct to the best of my
knowledge and no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NOTE:- The affidavit shall be executed after discharging the Stamp Duty Liability on the
affidavit at the rate prescribed in the applicable State Stamp Act or the Indian Stamp Act
whichever is applicable.
Page 16 of 29Annexure-II
PROCEDURE FOR RELEASE OF FINANCIAL ASSISTANCE
1. Within thirty (30) days of delivery of the vessel, the shipyard shall apply for
release of financial assistance under the policy on the web portal and submit electronic
copies of the following documents corresponding to the unique application number
received by the shipyard at the time of in principle approval, namely :-
• Protocol of Delivery and Acceptance of the Vessel.
• Certificate of Actual Payment received for a vessel duly certified by a Chartered
Account registered with Institute of Chartered Accountants of India.
• Builder’s Certificate.
• In case of export, Proof of export of the vessel in the form of:
o Export Clearance Certificate issued by Customs authorities.
o Shipping Bill
• Provisional/Final Registration Certificate of the vessel, as the case may be.
• Affidavit as per the format in Annexure-IIA.
• Certification from the Recognized Organization in the format attached at Annexure-
IIB.
• Indemnity Bond as per the format prescribed in Annexure-IIC signed by the
Proprietor, Partner, Chairman, CMD, MD or CEO of the shipyard, duly authorized in
this regard, as per the format attached at Annexure-IIC inter alia stating that in case
of any of the documents/information furnished in the claim for financial assistance for
the vessel is/are found to be incorrect/false at a later stage, the shipyard shall return
the financial assistance obtained along with interest @ 18% computed from the date
of release of such financial assistance till the date of repayment.
2. Subsequent to such submission, the competent authority shall scrutinize the
application and the documents submitted therewith and permit or decline release of
financial assistance to the applicant shipyard within sixty (60) days of the receipt of the
Page 17 of 29application from the shipyard along with reasons in writing for decline of such approval,
as the case may be.
3. The financial assistance, if approved, shall be released to the shipyard subject to
availability of budget for the year.
*****
Page 18 of 29Annexure-IIA
DRAFT AFFIDAVIT FORMAT
I, ________ (insert name), son/daughter of ________ (insert Father’s name), being the
authorized signatory of ________(insert name of the Shipyard) (hereinafter referred to
as the “Shipyard”) do hereby solemnly affirm and state as under:
1. That I am the ________ of ________ (insert name of Shipyard) and am
competent to swear this affidavit.
2. I state that ________ (insert name of the Shipyard) is a company/partnership
firm/proprietorship firm registered under the applicable laws of the country and situated
in ________ (insert name of the State) and the activities are carried out/operated within
the territories of India.
3. I state that the shipyard has executed a contract dated ________(insert date of
contract) with M/s.________ (insert name and address of the ship owner/buyer) for
construction of ________ (insert details of the vessel like Hull No, DWT and
type/category of the vessel) (hereinafter referred to as the “Vessel”). I state that the
order is an export/domestic order and has been obtained on competitive
bidding/negotiated/nomination basis.
4. I state that as per the contract the following vessel (s) have been delivered to the
ship owner M/s. ________ (insert name of the buyer) on the following dates, namely:-
(i) (Identification Details of Vessel 1) on ________ (actual delivery date).
(ii) (Identification Details of Vessel 2) on ________ (actual delivery date).
….
5. I state that the Shipyard has obtained the foreign currency in the following Bank
Accounts for all financial transactions with the buyer/ship owner, namely:-
Page 19 of 29(i) Bank Account No. _______ (insert bank account number) opened in _________
(insert name and address of the Branch of the Bank) in the name of ____________
(insert name of the shipyard).
(ii) Bank Account No. _______ (insert bank account number) opened in _________
(insert name and address of the Branch of the Bank) in the name of ____________
(insert name of the shipyard).
….
6. I state that :
(a) The major portion of the hull of the vessel has been constructed and assembled
in India.
(b) The assembly of the hull, installation and commissioning of the major machinery
and equipment has been done in India. The tests/trials of the complete vessel have
been done at ___________________ based on the owner’s requirements/Contract.
(c) The shipyard has not claimed and will not claim any other monetary subsidy,
grant or incentive from the Government, whether state Government or Government of
India for construction of the said vessel (s).
(d) The construction of the vessel (s) mentioned in Para 4 above has commenced
after the signing of the said contract on __________ (Date of contract as mentioned in
Para 3 above.
7. I state that the following documents have been furnished by the Shipyard in
support of its application for release of financial assistance, namely:-
! Protocol of Delivery and Acceptance of the Vessel.
! Certificate of Actual Payment received for a vessel duly certified by a Chartered
Account registered with Institute of Chartered Accountants of India.
! Builder’s Certificate.
Page 20 of 29! In case of export, Proof of export of the vessel in the form of:
o Export Clearance Certificate issued by Customs authorities.
o Shipping Bill
! Provisional/Final Registration Certificate of the vessel, as the case may be.
! Affidavit as per the format in Annexure-IIA.
! Certification from the Recognized Organization in the format attached at Annexure-
IIB.
! Indemnity Bond signed by the Proprietor, Partner, Chairman, CMD, MD or CEO of
the shipyard, duly authorized in this regard, as per the format attached at Annexure-
IIC.
8. I state that all the above documents are true copies of their originals and are
genuine.
I undertake to furnish any other/further/additional documents that may be asked by the
Government of India for release of financial assistance to the Shipyard.
VERIFICATION
Verified at ________(insert place) on this the ________ day of ________ 20__
that the contents of the foregoing affidavit are true and correct to the best of my
knowledge and no part of it is false and nothing material has been concealed therefrom.
DEPONENT
NOTE :- The affidavit shall be executed after discharging the Stamp Duty Liability on the
affidavit at the rate prescribed in the applicable State Stamp Act or the Indian Stamp Act
whichever is applicable.
Page 21 of 29Annexure-IIB
(Letter Head of the Recognized Organization)
To,
[The competent authority]
Subject: Inspection Certificate for Vessel No. _______
This is to certify that:
(a) The above vessel has been inspected by the surveyors of the Recognized
Organization to verify that the said vessel has been built in accordance with technical
specification as per the initial contract dated _______ and found to be conforming to the
Contractual Specification.
(b) It is also certified that the construction of the vessel has commenced on _______.
(c) It is further certified that the major portion of the hull of the vessel has been
constructed and assembled in India. The assembly of the hull, installation and
commissioning of the major machinery and equipment has been done in India. The
tests/trials of the complete vessel have been done at ___________________ based on
the owner’s requirements/Contract.
(d) Main Particulars of the ship, Report of Survey and Survey Findings are placed at
Annexure-IIB1, Annexure-IIB2 and Annexure-IIB3 respectively.
Yours sincerely,
(Name of the authorized signatory)
Enclosures: As above.
Copy to: ________________ (insert name of the Shipyard)
Page 22 of 29ANNEXURE-IIB1
MAIN PARTICULARS
Name of Ship : __________________
Owner : __________________
IMO No. : __________________
Name of Shipyard : __________________
Yard No. : __________________
Contract Ref. : __________________
Gross Tonnage : __________________
Type of Vessel : __________________
Main Dimensions:-
Length over all : __________________ m
Breadth moulded : __________________ m
Depth : __________________ m
Class Notation: __________________
Descriptive Note: __________________
Issued at: __________________
Page 23 of 29ANNEXURE-IIB2
REPORT OF SURVEY
Upon the request from Shipbuilder M/s.__________________, India, the undersigned
Surveyor carried out Survey of their__________________ vessel
____________________ (Yard No. __________________) to verify that the vessel, as
built, conforms to the Contract Specification, during the period __________________
date __________________, at the Shipyard’s premises at (__________________
location __________________).
The following have been observed/ verified as part of the above survey:
(a)__________________
(b)__________________
(c)__________________
(d)__________________
(e)__________________
(f)__________________
(g)__________________
Sd/-
(Name of the authorized signatory)
Page 24 of 29ANNEXURE-IIB3
DEVIATIONS FROM THE CONTRACT SPECIFICATION
______________________________________________________________________
______________________________________________________________________
Sd/-
(Name of the authorized signatory)
Page 25 of 29Annexure-IIC
FORMAT OF THE INDEMNITY BOND
INDEMNITY BOND
1. THIS INDEMNITY BOND executed at __________________ on this
__________________ day of __________________ year, by __________________.
(insert name of the Shipyard), through its, __________________ (insert name of
proprietor/partner/Chairman/CMD/MD/CEO), son/daughter of __________________
(insert father’s name) of __________________ (insert name and address of the
Shipyard) (hereinafter called “the Shipyard”)
IN FAVOUR OF
Government of India represented through Ministry of Shipping, Transport Bhavan, 1,
Transport Bhavan, New Delhi - 110 001 (hereinafter called the “Government”).
WHEREAS __________________ (insert name of shipyard) (“Shipyard”) had executed
a Contract with M/s. __________________ (insert full name and address of the buyer)
vide agreement dated __________________ for construction of __________________
(insert details of the vessel like Hull No, DWT and type/category of the vessel). The
order had been obtained on competitive bidding/negotiation/nomination basis.
AND WHEREAS the vessel was due for delivery on __________________ as per
paragraph __________________ of the contract and has been delivered to the ship
owner i.e. M/s. __________________ (insert name of the Buyer) on
__________________ vide Protocol of Delivery and Acceptance dated
__________________.
AND WHEREAS the Shipyard has applied to the Ministry for release of financial
assistance in respect of the Vessel, and obtained the in principle approval on
__________________.
Page 26 of 29AND WHEREAS on the basis of the documents furnished, the Shipyard is eligible for
__________________% financial assistance in respect of the Vessel on the following
terms and conditions:
(a) The documents furnished by the Shipyard are true copies of their originals and
are genuine.
(b) The vessel for which financial assistance is being claimed by the Shipyard has
been built in accordance with the technical specification reflected in the initial
contract document and there has been no major variation in the same.
(c) The major portion of the hull of the vessel for which financial assistance is
claimed has been constructed and assembled in India. The assembly of the hull,
installation and commissioning of the major machinery and equipment of the
vessel has been done in India. The test/trials have been done in India/outside
India, in terms of the Contract/owner requirements.
(d) The construction of the said vessel (s) has commenced after the date of signing
of contract.
(e) The Shipyard shall furnish any other further/additional documents that may be
required by the Government for release of financial assistance to the shipyard.
(f) The amount of financial assistance that may be received by the Shipyard shall be
the full and final settlement of the claim of the shipyard towards financial
assistance and the shipyard shall have no further claim from the Government in
this regard.
(g) The Shipyard shall accept the financial assistance as assessed by the
Government as full and final settlement of their claim.
NOW, THEREFORE, THESE PRESENT WITNESSTH:
That in pursuance of conditions hereinbefore mentioned, which the Shipyard has
accepted without any condition or reservation, the Shipyard hereby agrees to
indemnify and keep harmless the Government against all damages, losses, claims,
costs, etc. which the Government may have to suffer, undergo, incur as a result of
any misrepresentation of any information to the Government for release of financial
Page 27 of 29assistance to the Shipyard for the Vessel. Further, the financial assistance received
by the Shipyard would be returned with interest @18 percent per annum, from the
date of grant of financial assistance, if any information/document furnished by the
Shipyard for claiming such assistance is found to be incorrect.
(PROPRIETOR/PARTNER/CMD/CHAIRMAN/CEO/MD)
Witnesses:
1. …………………..(Name and sign)
2. …………………..(Name and sign)
NOTE :- The affidavit shall be executed after discharging the Stamp Duty Liability on the
affidavit at the rate prescribed in the applicable State Stamp Act or the Indian Stamp Act
whichever is applicable.
Page 28 of 29ANNEXURE-III
[FORMAT FOR LETTER OF CHARTERED ACCOUNT ON THE LETTER HEAD
PRACTISING CHARTERED ACCOUNTANT]
This is to certify that ____________________ (Name of Shipyard) (hereinafter
referred to as the “awardee”) was awarded a Contract for construction of
_______________________ for the owner, M/s. ______________________________
(Name and address of the ship owner/broker/charterer). As per the Contract, the vessel
was to be delivered on _____________ (contracted delivery date) but the delivery was
effected only on ____________ with a delay of ___________ (days) which called for a
liquidated damage (LD) due to the awardee of the contract. In view of above, the owner
has deducted an amount of Rs. _____________ (amount in Indian Rupees calculated
based on the exchange rate prevailing on the date of effecting payment by the ship
owner/ broker /charterer) as Liquidated damage and the net price received by the yard is
Rs. _____________________ (in Indian Rupees).
This Certificate is issued to _____________________ (Name of the Shipyard) for
them to claim the financial assistance from the Government of India under the
Shipbuilding Financial Assistance Policy of the Government of India promulgated as per
GOI order no. _______________________ dated ______________.
Signature
Name
Address
Dated…………………… Member In Practice
Place…………………….. SEAL
Page 29 of 29