Executive Summary & Key Takeaways
**Executive Summary:**
The Ministry of Heavy Industries has issued operational guidelines for the Electric Mobility Promotion Scheme 2024 (EMPS2024), aimed at promoting electric mobility through subsidies for electric two-wheelers (e2W) and three-wheelers (e3W). The scheme, with a total outlay of Rs. 500 crore, will be implemented over four months, from April 15, 2024, to July 31, 2024. OEMs must register with the MHI to avail benefits under this scheme.
**Key Points / Main Content:**
* **Scheme Overview:**
* EMPS2024 promotes electric mobility with a Rs. 500 crore outlay.
* The implementation period is from April 15, 2024, to July 31, 2024.
* The scheme focuses on e2W and e3W adoption and EV manufacturing ecosystem development.
* **Electric Vehicle Support:**
* Demand incentives are provided for e2W and e3W, especially for public transport and commercial use vehicles, but also include privately or corporate-owned e2W.
* Government entities purchasing EVs from eligible OEMs are excluded from demand incentives.
* Vehicles must be registered under CMVR, 1989 to be eligible.
* Incentive: Rs. 5,000 per kWh of battery capacity, capped at 15% of ex-factory price or as specified in Annexure IV.
* Ex-factory price thresholds apply, as defined in Annexure IV.
* Incentives are provided upfront as reduced purchase price, reimbursed to OEMs by MHI.
* Only one EV per category will be incentivized per individual beneficiary.
* Minimum warranty requirements: e2W (3 years/20,000 km), e3W erickshaw (3 years/40,000 km), e3W L5 (3 years/80,000 km).
* OEMs must obtain fresh CMVR and EMPS2024 eligibility certificates for design or price changes.
* Testing agencies include ARAI, iCAT, GARC, and NATRAX.
* **OEM Registration:**
* OEMs are defined as manufacturers of EVs covered under the Scheme.
* OEMs must apply for registration to MHI with required documents (Annexure I).
* Required documents include registration certificate, trade license, GST & PAN, testing certificate, MOA/AOA, and proof of sales/service network.
* Hard copies of applications should be submitted to the Deputy Secretary (EMobility) in New Delhi.
* Incentives are admissible from the date of the Scheme certificate issuance or model approval, whichever is later.
* OEMs registered under FAME-India Phase II must submit fresh applications.
* Deregistered or debarred OEMs are ineligible.
* **OEM Guidelines at the Time of Sale:**
* Vehicle models must be certified by designated Testing Agencies.
* MHI approves models and decides the incentive amount.
* OEMs must upload production data before dispatching vehicles.
* Demand incentives must be deducted after all taxes and be borne by OEM, not dealer or consumer.
* Reimbursement claims must be submitted monthly, within 120 days of the sale.
* OEMs must submit an undertaking (Annexure III) and board resolution (Annexure IV).
* **Testing Agency Guidelines:**
* Testing Agencies test and certify EVs for EMPS2024 eligibility.
* OEMs send EVs with documents to Testing Agencies.
* Testing Agencies first type approve EVs as per AIS standards.
* Testing includes CMVR compliance and EMPS2024 eligibility assessment.
* Measurement of battery energy capacity requires precaution.
* Testing Agencies issue eligibility certificates and upload them to the Scheme portal.
* Eligibility Assessment Procedure guidelines are in Annexure V.
* **Dealer Guidelines:**
* Dealers must collect purchaser information (Aadhaar mandatory for individuals) and retain documents for 5 years.
* For e3W, dealers must ensure vehicles are for public/commercial transport.
* Invoices and data must be uploaded on the same date as the sale.
* Dealers must ensure the accuracy of purchaser mobile numbers and email IDs.
* e3W incentives are restricted to public/commercial use; e2W incentives can be claimed for private individuals.
* Only one vehicle per category per person is allowed for incentive claims (Aadhaar verification required).
* Data should be uploaded daily, and reimbursement claims submitted monthly to OEMs.
* Reimbursement claims must be submitted within 90 days of the sale.
* Dealers should obtain a customer declaration (Annexure VI) and upload it to the Scheme portal.
* **Billing Mechanism:**
* Demand incentives should not adversely affect taxes.
* OEMs deduct incentives from the total EV price (after taxes) when billing dealers.
* Dealers pass on incentives to customers at the time of sale.
* **MHI Powers:**
* MHI can frame, alter, amend, or delete guidelines and procedures.
* MHI/PMA can request data, inspect records, and depute representatives for inspection.
* OEMs and dealers must retain data for 5 years from the claim date.
* Operational issues are resolved by MHI; disputes are resolved through mutual discussion, with the Additional/Joint Secretary (Auto), MHI's decision being final.
* **Integrity Pact:**
* Undertakings (Annexure VII and VIII) are required from OEMs to prevent malpractices and promote transparency.
* Part A is required with applications, and Part B before fund release.
* **Incentive Refunds:**
* OEMs must reimburse excess claims with interest (3-year SBI MCLR).
* MHI can demand refunds for misrepresentation or falsification of information, with interest.
* A Deed of Indemnity cum Undertaking (Annexure IX) is required with each claim.
* Further claim processing is suspended until refunds are made, models are re-certified, and fresh approvals are obtained.
* **Annexures:**
* Annexure I: Manufacturer Registration Form
* Annexure II: EV Model Pre-Registration Form
* Annexure III: OEM Undertaking for Reimbursement Claims
* Annexure IV: OEM Board Resolution Format
* Annexure V: EMPS2024 Eligibility Assessment Procedure Guidelines
* Annexure VI: Customer Acknowledgement Form
* Annexure VII: Integrity Pact Part A (OEMs at the time of filing the claim)
* Annexure VIII: Integrity Pact Part B (OEMs before the release of the claim incentive)
* Annexure IX: Deed of Indemnity cum Undertaking
**Impact Analysis:**
* **OEMs (Original Equipment Manufacturers):**
* **Impact:** Need to register with MHI, ensure vehicle models are certified, comply with PMP guidelines, and deduct incentives at the time of billing to dealers. Liable for refunds in case of excess claims or misrepresentation.
* **Action Required:** Register with MHI, obtain vehicle certifications, comply with the guidelines, submit undertakings and board resolutions, and adhere to billing and claim submission procedures.
* **Dealers:**
* **Impact:** Responsible for collecting purchaser information, ensuring e3W vehicles are for commercial use, preparing invoices correctly, and uploading data in a timely manner.
* **Action Required:** Collect necessary information from purchasers (Aadhaar), ensure e3W usage compliance, upload data daily, submit claims monthly to OEMs, and obtain customer declarations.
* **Testing Agencies (ARAI, iCAT, GARC, NATRAX):**
* **Impact:** Entrusted with testing and certifying EVs for EMPS2024 eligibility, ensuring compliance with CMVR and AIS standards, and accurately measuring battery energy capacity.
* **Action Required:** Conduct thorough testing and certification of EVs, issue necessary certificates, and upload them to the Scheme portal. Follow eligibility assessment procedures.
* **Consumers (End Users):**
* **Impact:** Benefit from reduced upfront purchase price of eligible EVs. Individual buyers are limited to one EV per category for incentive claims and must provide Aadhaar.
* **Action Required:** Provide necessary documentation (Aadhaar, ID proof), acknowledge receipt of the incentive, and ensure compliance with eligibility criteria.
Key Entities Referenced
Electric Mobility Promotion Scheme 2024 : A scheme by the Government of India to promote electric mobility in the country, referred to as EMPS2024.
Ministry of Heavy Industries : The ministry responsible for implementing the Electric Mobility Promotion Scheme 2024 (EMPS2024).
Central Motor Vehicle Rules, 1989 : A set of rules under which vehicles need to be registered to be eligible for reimbursement of demand incentives support. Referred to as CMVR, 1989
Automotive Research Association of India, Pune Maharashtra : One of the testing agencies designated to test and certify electric vehicles for EMPS2024 eligibility parameters. Referred to as ARAI.
International Centre for Automotive Technology, Manesar Haryana : One of the testing agencies designated to test and certify electric vehicles for EMPS2024 eligibility parameters. Referred to as iCAT.
Global Automotive Research Centre, Oragadam near Chennai Tamil Nadu : One of the testing agencies designated to test and certify electric vehicles for EMPS2024 eligibility parameters. Referred to as GARC.
National Automotive Test Tracks, Pithampur near Indore Madhya Pradesh : One of the testing agencies designated to test and certify electric vehicles for EMPS2024 eligibility parameters. Referred to as NATRAX.
FAME-India Scheme : A scheme by the Govt of India, the OEMs already registered under Phase-II of FAME-India Scheme are required to submit fresh applications with complete documents for registration of OEM and also for approval of vehicle models for claim of incentive under the EMPS2024
See Full Document Text
MINISTRY OF HEAVY INDUSTRIES
Udyog Bhawan, New Delhi-110011
Operational Guidelines for Electric Mobility Promotion Scheme-2024
1. INTRODUCTION:
1.1. The Government of India has notified the Electric Mobility Promotion
Scheme (EMPS)-2024 for promotion of electric mobility in the country.
1.2. The EMPS-2024, with an outlay of Rs.500 crore, will be implemented over
a period 4 months w.e.f. 15 April 2024 till 31St July 2024, for faster adoption
of electric vehicles (EVs) i.e. electric two wheeler (e-2W) & three wheeler
(e-3W), and development of EV manufacturing eco-system in the country.
1.3. The Scheme is proposed to be implemented through the following
components:
i. Subsidies: Demand Incentives for e-2W & e-3W, and
ii. Administration of the Scheme including IEC (Information, Education &
Communication) activities and fee for project management agency
(PMA).
2. SUPPORT FOR ELECTRIC VEHICLES: General Information
2.1. The Demand Incentives are important components of the Scheme which
directly help in demand generation of electric vehicles (EVs).
2.2. The following categories of vehicles will be eligible for support:
a. Two wheelers (electric) — e-2W &
b. | Three Wheelers (electric)- e-3W including registered e-rickshaws /
e-carts.
Page no. 1 of 40263i
2.4.
2,5;
2.6.
rae
With greater emphasis on providing affordable and environment friendly
public transportation options for the masses, Scheme will be applicable
mainly to vehicles used for public transport or those registered for
commercial purposes. However, in addition to commercial use, privately
or corporate owned registered e-2W will also be eligible under the
Scheme. Further, where EVs are being purchased from eligible OEMs by
any department of the Central or State Government or its agencies, EMPS-
2024 demand incentive shall not be extended, as it amounts to passing of
funds from one government head to another.
All vehicles need to be registered under CMVR, 1989 for becoming eligible
for reimbursement of demand incentives/ support.
Vehicles which comply with EMPS-2024 eligibility criteria will be
considered under this Scheme. Additionally, all EVs must be manufactured
within the validity period of EMPS-2024 certificate. Further, EVs that will
be registered after the terminal date of the Scheme (at present 31t July
2024) will not be eligible for incentive.
It is proposed to extend demand incentive @Rs.5,000/- per kWh of the
battery capacity (i.e. energy content measured in kWh) for e-2W/ e-3W
registered during the Scheme period. Further, there will be capping of
incentive per vehicle as specified in Annexure-IV of the Scheme
Notification or 15% of ex-factory price for e-2w/ e-3w, whichever is lower.
& It is proposed to restrict demand incentives to EVs with ex-factory price
less than a particular threshold value as defined in the Annexure-IV of the
Scheme notification.
Page no. 2 of 402.8. The Demand Incentive shall be available for buyers (end
users/consumers) in the form of an up front-reduced purchase price to
enable wider adoption, which will be reimbursed to OEM by MHI, Govt. of
India.
2.9. For individual beneficiaries, not more than one EV of a particular category
will be incentivised.
2.10. All models eligible for demand incentives shall be accompanied by a
comprehensive warranty (including that of battery) from the OEM, who
should have adequate facilities for after-sales service for the life of vehicle.
For this purpose, minimum warranty required shall be as follows:
Vehicle Category Warranty
e-2W 3 years or 20,000 km run, whichever is earlier
e-3W e-rickshaw__| 3 years or 40,000 km run, whichever is earlier
e-3W (L5) 3 years or 80,000 km run, whichever is earlier
2.11. If the OEM carries out any changes in design configuration of the vehicle
and/ or ex-factory price of the vehicle, during the tenure of this Scheme,
then it will be the responsibility of the OEM to obtain CMVR and EMPS-
2024 eligibility certificate afresh from testing agencies.
2.12. Testing Agencies under this Scheme shall mean any of the following:
a) Automotive Research Association of India (ARAI) at Pune
(Maharashtra).
b) International Centre for Automotive Technology (iCAT) at Manesar
(Haryana).
a
Page no. 3 of 40c) Global Automotive Research Centre (GARC) at Oragadam near
Chennai (Tamil Nadu).
d) National Automotive Test Tracks (NATRAX) at Pithampur near
Indore (Madhya Pradesh).
3. REGISTRATION OF OEMs (for demand incentive)
3.1. For the purpose of this Scheme, an OEM (Original Equipment
Manufacturer) may be defined as Proprietor, Private/Public Company or
Partnership Firm who are manufacturing any of the EVs covered under the
Scheme.
3.2. For availing benefit under this Scheme, each OEM, shall apply for
Registration to Ministry of Heavy Industries (MHI).
3.3. At the time of submission of application for registration, each OEM is
required to submit the following documents:
i. Application for manufacturer registration in Annexure-l.
ii. | Company Registration Certificate
li. Trade License
iv. GST Registration Certificate
v. PAN Card
vi. Testing/Homologation Certificate complying with Scheme eligibility
criteria issued by designated testing agency under rule 126 of CMVR,
1989, including quality certificate, technical parameters or any other
parameter required under the Scheme or its Guidelines.
vii. Pre-registration of EV model as per Annexure-ll.
viii. Complete set of Memorandum of Association (MOA) and Articles of
Association (AOA). q_
SS
Page no. 4 of 40ix. Proof of OEM’s sales and service network by way of
a.) List of at least 25 vehicle dealers and service centers, along with
their searchable addresses / locations and contact number, to be
situated at least in two states - in case sale of vehicle is through
dealers.
b.) List of at least one service station along with searchable addresses
/location and valid contact number and customer care number per
city in case sale and service of vehicle is through online direct sales
by OEM. In this case OEM is required to submit detailed
mechanism of sales and service which will be adopted by OEM.
x. | Photographs of the type approved Vehicle.
3.4. OEM is required to submit hard copy of the application (with complete
documents, as per clause 3.3.i above) at the following address:
Deputy Secretary (E-Mobility), Udyog Bhavan, New Delhi-110011.
3.5. After receipt of the Application (with complete documents, as per clause
3.3 above), MHI will process the same as per operational guidelines for
the scheme and if found in order, confirmation of registration of OEM under
the Scheme) will be conveyed to the respective OEM.
3.6. Demand incentive under the Scheme shall be admissible only from the
date of issuance of the Scheme certificate subject to registration of OEM
and date of approval of Model(s) by MHI under the Scheme, whichever is
later. Model approval/ disapproval shall be done on the recommendation
of PMA who may consult testing agencies as and when required.
3.7. Those OEMs who are already registered under Phase-ll of FAME-India
Scheme are required to submit fresh applications (with complete
en
Page no. 5 of 40documents, as per para 3.3 above) for registration of OEM and also for
approval of vehicle model(s) for claim of incentive under the EMPS-2024.
3.8. Any OEM which has been deregistered/ debarred under any Scheme of
MHI or has been debarred by any Ministry/ Department of Government of
India, then such OEM shall not be registered under this Scheme.
Declaration in this regard shall form part of Annexure-I to be submitted at
the time of registration of OEM.
4. Guidelines for OEMs to be followed at the time of sale of vehicle:
4.1. Each OEM is required to get its vehicle model certified from designated
Testing Agencies.
4.2. Once model is certified, it will be approved by MHI, with which incentive
amount entitled for particular model will be decided.
4.3. Once model is approved by MHI, OEM is required to upload production
data of all EVs for which they intend to take benefit of demand incentives
under the Scheme.
4.4. After uploading of production data which will necessarily contain details
like chassis number, unique battery number, colour, etc. OEM may
dispatch the vehicles to their distributors after proper billing/ invoice.
4.5. Each OEM must ensure that eligible demand incentive should be deducted
at last after all taxes and resulting invoice amount should only be charged
from dealer. It is expected that financial cost of amount of demand
incentive is to be borne by OEM and not by dealer or consumer.
4.6. OEM to submit the reimbursement claim of demand incentives once in a
month but not later from 120 days of the sale of vehicle at dealer end.
J
Page no. 6 of 404.7. After submitting the claim for reimbursement, each OEM to submit an
undertaking in the prescribed proforma as annexed at Annexure-lll, on
the letterhead of the OEM and duly signed by the authorised signatory and
should be furnished to MHI in original and also by official email of the
authorised signatory. OEMs are also required to submit copy of board
resolution (in format as per Annexure-IV) authorising the said authorised
signatory along with copy of photo identification document (PAN/ Voter ID/
Passport/ Driving Licence — any one document) of the authorised
signatory. Any change in the list of authorised signatories will be duly
intimated to MHI along with revised Board Resolution. Annexure-IV is also
to be submitted along with Annexure-I, required for registration of OEM.
5. Guidelines for Testing Agencies:
5.1. All designated Testing Agencies are entitled to test and certify the EVs for
EMPS-2024 eligibility parameters.
5.2. Each OEM, which wants to test its EVs for EMPS-2024 eligibility, will send
its EVs to Testing Agencies along with required documents for satisfactory
testing of its EVs. For this purpose, testing agency may randomly select
EV & battery from the manufacturing plant of the OEM/ manufacturer post
CMVR approval and commencement of vehicle manufacturing.
5.3. After receipt of EV from OEM, each testing agency is expected to first, type
approve the EV as per AIS standards notified from time to time.
5.4. After EV is type approved under CMVR, testing for EMPS-2024 eligibility
shall be carried out by testing agency by randomly selecting EV from the
manufacturing plant of the Q@EM.
Page no. 7 of 405.5. Since under the Scheme, incentive is based on battery energy capacity,
all testing agencies are expected to take precaution in measurement of
battery energy capacity.
5.6. After completion of testing, testing agency is expected to issue necessary
certificates of eligibility under the EMPS-2024. Testing agency shall upload
all certificates relevant to this Scheme (i.e. base CMVR certificate,
amended CMVR certificate, EMPS-2024 certificate) on the Scheme portal.
5.7. Indicative guidelines for Eligibility Assessment Procedure to be followed
by testing agencies for issuance of eligibility certificate under this Scheme
is provided at Annexure-V. These indicative guidelines will be reviewed
and issued by a committee of testing agencies headed by Director ARAI
and consisting of directors of other three testing agencies as members, for
carrying out eligibility assessment pertaining to this Scheme.
6. Guidelines for Dealers to be followed at the time of sale of vehicle:
6.1. Each dealer at the time of sale of vehicle to the end user will collect the
following information from the purchaser and keep all concerned
documents safely for at least 5 years from the date of sale:
i. Personal identification proof like:
a. For all individual cases, Aadhaar will be mandatory failing
which the incentive cannot be availed. Dealer will carry out
Aadhaar authentication. However, dealer will obtain and
upload one photo identity proof in addition to Aadhaar (like
PAN/ driving license/ Voter ID Card, Passport, etc.) of the
purchaser. e-KYC Aadhar authentication will be used by the
Scheme portal.
A
Page no. 8 of 40b. PAN Card/ GST Certificate in respect of proprietary firms/
agencies/ partnership firms/ companies.
Mobile number and email ID of individual purchaser or representative
of purchaser in case of non-individual /corporate cases.
The Registration number of all EVs.
iv. For e-3W, valid documents from respective Government agency
indicating that EV will be used for public transport or for commercial
transport only. (Dealer needs to ensure that vehicle will be registered
and insured as transport vehicle or commercial vehicle).
6.2. Dealers will ensure to prepare invoice of the sale on same date and also
upload the data on online platform on same date.
6.3. Dealer will have to ensure correctness of mobile number of purchaser and
email id before effecting the sale.
6.4. Dealer to ensure that demand incentive should not be passed to private
individuals using vehicle for private use in case of e-3W. However, dealer
can claim incentives for sale of e-2W to private individuals.
6.5. Dealer should ensure that only one vehicle per category per person are
allowed to claim demand incentive. i.e. no individual can purchase more
than one EV of the same category and claim incentive under the scheme.
However, there will be no restrictions for number of vehicles to be
purchased by other than individual categories of buyer. For this purpose,
dealer to carry out Aadhaar verification of individual buyers through the
Scheme portal. In case any EVs are already registered in the name of such
individual buyer under this Scheme, then the Scheme portal will display
Nad
Page no. 9 of 40the earlier purchase and the dealer shall not make the sale of the EV under
this Scheme to such individual buyer.
6.6. Dealer should upload the data on daily basis and submit reimbursement
claim to OEM only once in a month.
6.7. Dealer should submit the reimbursement claim within a period of 90 days
from the date of sale of vehicle to their OEMs.
6.8. Dealer should obtain a declaration from the customer stating that they
have purchased the EV and entitled incentive has been received by the
customer. Prescribed format for such customer acknowledgement is
attached at Annexure-VI. This customer acknowledgement form should
be uploaded by the dealer while uploading the data of customer on the
Scheme portal. This entire process shall be Aadhaar authenticated.
7. Billing Mechanism for Sale of Vehicle to be followed by each OEM and
its dealer(s):
7.1. All OEMs and its dealers will ensure that demand incentive under the
Scheme should not adversely affect taxes at any stage.
7.2. Each OEM at the time of billing to their dealers will deduct corresponding
incentive at the end from the total price of EV, which will be arrived after
including all GST/taxes, etc. at prescribed rate on total cost of the EV.
7.3. Similarly, each dealer will consider cost to the dealer as total cost arrived
just before deducting the incentive by the OEM and use this cost for
arriving at total cost to the customer. After that dealer will pass on
corresponding incentive, it received from OEM to customer/ end user at
the time of sale of EV.
Page no. 10 of 408. Powers of MHI to Frame Guidelines/Procedure:
8.1. MHI shall have full powers to frame/ lay-down the Guidelines/ Procedure
or alter / amend/ add/ delete any terms & conditions, etc. under this
Scheme/ guidelines.
8.2. MHI/ PMA shall have the powers to call for any information/ data/ records,
etc., in connection with this Scheme or inspect such records/ documents
[manual or electronic] as it may deem necessary.
8.3. OEMs and their dealers should preserve/ retain all data/ documents in
connection with manufacturing & sale of EVs for which incentive has been
claimed under this Scheme for a period of at least 5 years from the date of
claim of incentive under this Scheme.
8.4. MHI shall have the powers to depute its representative(s) to visit the
premises/ office/ works/ factory/ centre/ workplace, etc. for purpose of
inspection and verification purposes and may pass such order or issue
directions in relation thereto as it may deem fit.
8.5. All operational issues in the implementation of the Scheme and guidelines
shall be resolved by MHI.
Resolutions of Disputes:
Any dispute shall be resolved by mutual discussion and reconciliation. In
case of difference of opinion, decision of Additional/ Joint Secretary (Auto),
MHI shall be final.
10. Integrity Pact Undertaking
10.1. To obviate any malpractices in financial matters where disbursements are
made to industry by the Government, it has been decided to provide a
yh Page no. 11 of 40deterrent against corrupt practices for promotion of transparency and
equity. Therefore, keeping in view the sensitivities involved in the process
and taking cue from the instructions of the Central Vigilance Commission
regarding adoption of an Integrity Pact in the matter of procurement, it has
been decided to obtain undertaking(s) from OEMs under the Scheme.
10.2. Two formats of undertakings to be furnished by OEMs are enclosed as
Integrity Pact PartA (Annexure-VIl) and Integrity Pact PartB (Annexure-
Vill). The undertaking as per Integrity Pact Part A shall be provided by alll
OEMs whose applications or claims are under consideration for approval
or disbursement of incentives. The applications or claims of those
applicants/ OEMs who do not submit the undertaking shall not be
processed and considered. The second undertaking i.e. Integrity Pact Part
B for confirming the compliance of integrity will be provided by applicants/
OEMs after the submission of claims for disbursement of incentive and in
any case before release of funds. The release of incentives shall be
withheld until the above-mentioned undertaking is provided.
11. Provisions for refund of incentive
11.1. In case of excess claims disbursed, for any reason whatsoever, the OEM
shall reimburse MHI for any incentive amount refundable, along with
interest calculated at 3 years’ SBI Marginal cost of funds-based lending
rate (MCLR) prevailing on the date of disbursement, compounded annually
(for the period between excess payment and date of refund by the OEM).
11.2. If MHI is satisfied that eligibility under the Scheme and / or disbursement
of incentives/ support have been obtained by misrepresentation of facts or
falsification of information or concealment or suppression of any material
Pad Page no. 12 of 40information having an adverse impact on the eligibility’ incentive claim,
MHI will ask the OEM to refund the incentives, along with interest
calculated at 3 years’ SBI MCLR prevailing on date of disbursement,
compounded annually, after giving an opportunity to the OEM of being
heard. This is without prejudice to any other action that may be taken under
law including revocation of the Scheme certificate by testing agency/
deregistration of OEM by MHI/ debarment of OEM/ suit for recovery/ etc.
as may be decided by MHI.
In support of para 11.1 & 11.2 above, the OEM shall be required to submit
Deed of Indemnity cum Undertaking in format as per Annexure-IX with
each claim.
11.4. In case MHI has demanded refund of incentive/ support in terms of para
11.2 above, then further claim processing in respect of such OEM shall be
suspended, and such OEM shall be re-admitted under the Scheme subject
to and on fulfilment of the following:
a. The OEM has refunded the whole amount of incentive demanded
by MHI along with interest,
b. The OEM shall get its models certified afresh from designated
Testing Agencies.
c. Demand incentive shall be admissible only from the date of fresh
approval of model(s), under the Scheme by MHI.
d. All the past/ unprocessed claims of such OEM shall automatically
stand extinguished.
J
Page no. 13 of 40Annexure-l
Manufacturer Registration form
To
The Director/ Deputy Secretary
Ministry of Heavy Industries
Udyog Bhawan
New Delhi — 110011.
Subject: Application for Manufacturer registration under the Electric
Mobility Promotion Scheme (EMPS)-2024
Dear Sir,
WE... ccc ecececeeeeen ees (Name of Manufacturer) are Original Equipment
Manufacturer (OEM) intend to manufacturer EV and wish to avail the benefits
offered under the Electric Mobility Promotion Scheme (EMPS)-2024, as
notified vide Gazette Notification S.O. No. 1334(E) dated 13.03.2024 and are
willing to avail incentives under this Scheme.
2. We, therefore, apply for formal registration with MHI for the EMPS-2024.
3. We furnish requisite information/ documents
A. Manufacturer information
Sl. Particulars Provide Self-attested copy
No. Details of relevant
documents
attached
( Y/N/NA)
1 Name of OEM
2 Type of OEM
a. Proprietorship or
b. Partnership or
c. Company
2 Company Registration
Certificate No. (if applicable )
Page no. 14 of 40Sl. Particulars Provide Self-attested copy
No. Details of relevant
documents
attached
( Y/N/NA)
4 GST Registration applicable
(Yes/ No )
5 GST Registration Number
6 PAN Card Number
7 Details of R&D Facilities like | To be attached
total ina
Annual expenditure on R&D, | Separate sheet
no. of employees, total patents
if any, whether R&D facility is
recognized by any’ Govt
agency, etc.
8 Annual Turnover
9 MOA & Rules / Partnership | Please attach /
Deed upload
document
along with
Application
10 | Registered Office
i) Address,
li) Phone number,
iii) E-mail ID
11 | Manufacturing Plant (s) 1
i) Address (s),
ii) Phone numbers 2
(Please specify addresses of all
plants manufacturing EVs) 3
12 |i) Name of the Authorised
Person
ii) Postal Address
iii) Telephone / Mobile No.;
and
iv) Email ID
13 | Bank details Account Holder Name:
Name of Bank:
Name of Branch:
Account No:
Account Type (Savings or Current):
IFSC Code:
MICR Code:
14 | No of Service Stations Minimum 25
ye
Page no. 15 of 40Sl. Particulars Provide Self-attested copy
No. Details of relevant
documents
attached
( Y/N/NA)
List and addresses of each service
station
To be submitted in separate sheet.
15 | Manufacturer code
(To be allocated by online
mechanism under the Scheme)
16 | Total annual capacity on the
date of application for each
category of vehicles.
B. Declaration & Undertaking
We declare that we have not been deregistered/ debarred under any
Scheme of MHI or by any Ministry/ Department of Government of India.
We declare that information provided here-in-above are correct and true to the
best of our knowledge and also we undertake to abide by all terms and conditions
of the Scheme as well as the instructions / guidelines / decisions / to be issued /
taken by MHI from time to time with respect to the Scheme.
Thanking you,
Yours sincerely,
(Signature of Authorized Signatory)
Name & Designation
Manufacturer Name
(Affix the official SEAL)
Date:
Place:
Page no. 16 of 40Annexure:-Ill
Pre-Registration Form for EV Model
EV Model Information to be submitted by Manufacturer
for Pre-Registration with MHI and submission to Testing Agency for Certification
Sr. Particulars OEM Input Remarks
No.
1 Manufacturer Name
2 OEM Code _ (If already
allocated By MHI)
3 EV Model Name
4 | Variant (s) Name A
B
C
D
5 |Vehicles Category (As per
CMVR)
6 | Technology Type
7 | Battery Type/ Chemistry and
Other Battery Parameters
8 Battery Power in kWh
9 Number of Batteries, such as
one/ two/ three (If there are
more than one battery then all
batteries should compulsorily
be required to run the vehicle)
10 | Ex- Factory Price of the vehicle
11 | Meeting EV Technology | Please Y
Functions attach/upload
(Yes/No) document with
application
12 | Meeting Qualifying Targets
(Yes/No)
13 | Estimated Incentive Amount
14 | Name of testing agency where
vehicle type approval is
planned
15 | Date of vehicle submission to
testing agency for type
approval
16 | EV Model Code
(To be allotted by MHI System) | _
Ww
Page no. 17 of 40|
Sr. Particulars OEM Input Remarks
Note:
a) Inthe Field 5: Specify vehicle category as per CMVR - L1/ L2/ etc.
b) In the Field 6: Specify the “EV Technology Type”: Strong Hybrid or
BEV
c) Inthe Field 7: Specify battery type: advanced type, chemistry, etc.
d) In the field 11: Specify if said EV model meets the required
Technology Functions (in Yes or No)
e) Inthe Field 12: Specify if the said EV model qualifies the targets (in
Yes or No)
We declare that the above information relating to EV model is in
accordance with the guidelines of the EMPS-2024 of Government of India. The
above information is as per our internal assessment and the same may be further
validated by a testing agency.
(Signature of Authorized Person)
Name & Designation
Manufacturer Name
(Affix the official SEAL)
Date:
Place:
i
Page no. 18 of 40Annexure-lll
Undertaking to be submitted by Manufacturers (OEMs) at the time of
submitting claims for reimbursement of Demand incentives from MHI
(to be uploaded along with claims)
(on the company letter head)
UNDERTAKING
I, (name of authorised person) authorised
representative/ signatory of M/s. (Name of OEM),
manufacturer of hybrid / electric vehicles, certify that the claim no.
dated for total amount of Rs. submitted by me
online on website ___—_—sof MHI, for the ___ number of vehicles of different
models as mentioned in the said claim, is as per the provisions of Ministry of
Heavy Industries scheme notification S.O. No. 1334(E) dated 13.03.2024.
2. It is further certified that —
a. At the time of billing to the Dealer(s), the corresponding incentive was
deducted at the end from the total price of vehicle(s) arrived after including
all GST/ Taxes, etc. on total cost of vehicle(s); and said amount has not
been charged from the dealer.
b. The incentive amount claimed for each vehicle has been duly passed on
to the customer and the amount of said incentive is as per the approved
guidelines.
c. No double or multiple claims have been made for the same vehicle
transaction.
d. All the e-3w vehicles will be used for Public Transport or for Commercial
Transport only;
e. For e-2W segment, incentives have been claimed for privately owned
vehicles in addition to those used for public transport or commercial
purposes and
f. The vehicles are manufactured as per the PMP guidelines issued by the
Ministry from time to time.
J Page no. 19 of 403: |, undertake to refund the entire claim (with interest) to MHI in case any
excess incentive is disbursed, for any reason whatsoever, as per the terms of this
Scheme and its Operational Guidelines.
4. I, (name of the authorised person) authorised
representative / signatory of M/s. (name of OEM), am entitled to
sign this undertaking on behalf of the company.
Signatures
(Name of authorised representative)
Phone/ Mobile No.
Email ID:
Date:
Place:
To,
The Director/ Deputy Secretary
Ministry of Heavy Industries
Udyog Bhawan, New Delhi — 110011.
Page no. 20 of 40Indicative Proforma of Sample Invoice
Details of Customer Details of Dealer
Invoice No. & Date Dealer's Name
Name Dealer's Scheme Code
Address Address
Mobile No. Mobile No.
E-mail ID Email ID
Aadhar/ PAN No. GSTN No.
Description of Vehicles
S. | Model} Chassis | Motor} Battery Battery Colour | HSN | Rate | Amount
No. | No. No. No. | Chemistry Code | Per (Rs.)
details Unit
(Rs.)
No. | Capacity
1
2
2
4
5
Total Amount
CGST @ %
SGST @ %
Grand Total
Less EMPS-2024 Incentive
Net Payable Amount (Ex-showroom customer's price)
Amount in words: Rupees
(Dealer’s Stamp & Signatures)
Page no. 21 of 40Annexure-lV
Format for Board Resolution of OEM
Extract of the Resolution passed by the Board of Directors of
Limited (the Company/ OEM) held on (date) at (time) at the
Registered office of the Company at (address).
The Chairman informed the Board that the Company is desirous of availing the
incentives/ subsidies under the Electric Mobility Promotion Scheme (EMPS)-
2024 notified vide S.0.1334 (E) dated March 13, 2024, read with operational
guidelines dated , with amendments, if any, and has agreed to abide
by the terms and conditions of the Scheme and its operational guidelines.
Copy of the Scheme & operational guidelines have been circulated to the Board/
placed on the table of the meeting.
The Board discussed the matter and passed the following resolutions:
“RESOLVED THAT the consent of the Board of Directors is accorded for
accepting and agreeing to abide by the terms and conditions as laid down in the
Scheme and its Guidelines and any other documents issued by MHI from time to
time, as required in connection with the Scheme.
RESOLVED THAT the Board hereby authorises Mr./ Ms.
’
& (Names & Designation) to act as Authorised
Signatory(ies) for:
e Submitting the incentive claim application and all related data, documents,
certificates, indemnities, etc. and any other information on our behalf,
e To make representation, give undertakings and correspond with MHI/
being the project management agency (PMA),
e To submit correct and complete data, document, certificates and information
in connection with determination of eligible claims and any other aspect
related to the Scheme. »
\.
Page no. 22 of 40RESOLVED THAT
e Any data, documents, certificates, information and indemnities furnished/
submitted by (names and designation of
authorised signatory(ies)), their statements and explanations shall be
binding on (name of the Company/
OEM).
e He/ She is authorised individually to accept, issue and make all
communication in relation to the proceeding stated therein.
RESOLVED FURTHER THAT a true copy of the resolution be provided to the
PMA/ MHI for their records.
Certified True Copy
For (Company/OEM)
(_____)
Director
DIN:
(Address)
Date:
Place:
Page no. 23 of 40Annexure-V
Indicative Guidelines for Electric Mobility Promotion Scheme (EMPS)-2024
Eligibility Assessment Procedure
1.0 Applicability
This procedure shall be applicable for assessment of vehicle model
/variant(s) for eligibility and applicability of demand incentives announced
by Government of India under Electric Mobility Promotion Scheme
(EMPS)-2024 notified vide SO 1334(E) dated 13? March, 2024.
This assessment procedure shall be applicable only to vehicle
model/variant(s) which fall under the purview of Central Motor Vehicle
Rules 1989 (CMVR) and covered under the Scheme.
2.0 Procedure
2.1 In the case of vehicle model /variant(s) qualifying under criteria specified in
clause 1.0, the vehicle manufacturer shall apply to testing agencies notified
under Rule 126 of CMVR, 1989 for assessment as per this procedure.
The application can be made after type approval of the concerned
vehicle model /variant(s) and post commencement of manufacturing.
Further, the applicant shall furnish following details along with the
application:
e “Ex-factory price” of the vehicle model /variant(s)
e Compliance to PMP, as per Annexure-V of the Scheme Notification
issued by MHI as amended / revised from time to time.
e Comprehensive warranty of the vehicle model / variant(s) including
battery, as specified at para 24(e) of the Scheme Notification,
e Facilities for after-sales service, and
e For e-3W,: Fitment of suitable monitoring device to know the
mileage of vehicles to determine the total fuel savings on real time
basis.
The concerned testing agency shall verify the application for
eligibility of EV for initial qualification for demand incentive.
Further to satisfactory completion of initial qualification as above,
the concerned testing agency shall conduct the technical assessment for
a
Page no. 24 of 40performance and efficiency criteria for compliance to the requirements of
Annexure-ll ("EV Technology Definitions including Advanced Batteries”)
and Annexure-lll (“Performance & Efficiency Eligibility Criteria for EV
Models (other than buses) Electric Mobility Promotion Scheme-2024") of
EMPS Notification 1334 (E) dated 13!" March, 2024 and any other
notification issued from time to time.
2.1.1 Compliance to CMVR:
2.1.1.1 The vehicle model / variant(s) shall comply with the applicable regulations
as per CMVR 1989, as amended from time to time, along with notified AlS/
IS standards. For this purpose, the vehicle model / variant(s) shall be Type
approved as per following standards, as applicable and amended from time
to time:
1. Battery Electric Vehicles: AIS 049 & AIS 156
2. EVs introduced in market for Pilot / Demonstration Projects intended
for Government Scheme: AIS 131
2.1.2 Assessment of technology functions as per Annexure-ll and
Performance & Efficiency Eligibility Criteria as per Annexure-lll of
Scheme Notification and any other amendment as notified by MHI
from time to time.
2.1.2.1 The following technologies provided in EVs shall deem to qualify subject to
compliance to the below mentioned requirements:
Advanced Battery — The traction battery fitted in the EVs shall meet the
requirement as per EV Technology Definitions (including Advanced
Batteries) specified in Annexure Il of EMPS Notification 1334 (E) dated
13" March, 2024.
The specific energy density in Wh/kg and cycle life in number of cycles (at
25 °C, 0.3C rate and 80% depth of discharge (DoD)) shall be verified from
the published data sheet of the battery cell manufacturer submitted by the
vehicle manufacturer.
Electric Regenerative Braking — The vehicle fitted with Regenerative
Braking system shall meet the braking requirements as specified in
standards in CMVR, 1989, as applicable and amended from time to time.
%
Page no. 25 of 40The regenerative braking function i.e. generation of electric energy during
vehicle braking shall be verified by means of monitoring reversal of current
flow i.e. from motor inverter to battery.
Engine Start-Stop — During driving cycle, there shall be at least one event
wherein during vehicle driving, the engine stops automatically and again
starts automatically when operating conditions as defined by the vehicle
manufacturing are met with.
The engine stop / start condition shall be determined either by using
a RPM sensor feed or using a COz versus time plot.
Note: The measurement of COz shall be done using real time emission
measurement system and the battery discharge condition shall be
ascertained from measurement of current drawn from battery using current
transducers specified in AIS 102 or AIS 137.
2.1.2.2 The EV shall deem to qualify to the performance & efficiency eligibility
criteria subject to compliance to the requirements of Performance
and Efficiency Eligibility Criteria and any other notification as notified
by MHI from time to time. Testing agency (TA) shall follow test
procedure as given below:
(a) Electric Range: for Battery Electric Vehicle (BEV) the electric range
measurement shall be done as per AIS 102 or AIS 137 and AIS 040 and
AlS 156, as applicable and notified in CMVR, 1989 and as amended from
time to time, respectively.
The test report shall specify the measured value in comparison with the
target specified for relevant vehicle category.
Electric Energy Consumption: The electrical energy consumption
measurement shall be done for all BEVs as per AIS 039 as applicable and
notified in CMVR, 1989 and as amended from time to time.
Energy consumption to be measured as follows in case of —
1. Off-board DC charger: energy consumption shall be measured after
the charger and in between charger and vehicle.
2. On-Board charger / portable charger (supplied with vehicle): Energy
consumption shall be measured between electricity mains outlet and
on-board charger / portable charger.
Page no. 26 of 40The test report shall specify the measured value in comparison with
the target specified for relevant vehicle categories.
Minimum — maximum speed in minimum acceleration measurement — The
measurement shall be carried out in Gross Vehicle Weight (GVW)
condition, as declared by the manufacturer, on Chassis Dynamometer.
Dynamometer setting shall be prescribed in the MoRTH /CMVR/TAP /115-
116 document or AIS 137, as applicable and amended from time to time.
The test vehicle shall be able to navigate the driving cycle (within
the tolerance) based on the driving cycle, IDC for e-2W/e-3W, to ascertain
the requirements of minimum-maximum speed and minimum acceleration
for the respective vehicle category.
Alternatively, the test may be carried on test track as per mutual
agreement between the testing agency and the OEM.
During the test, battery state of charge shall be within 40%-60%.
2.1.2.3 Determination of Demand Incentive:
Based on the satisfactory initial qualification and compliance to technology
functions and performance and eligibility criteria, the testing agency shall
carry out measurement of energy content of traction battery as per
following test procedure for determining demand incentive.
2: 1.2.3: Energy content of the traction battery: for determining demand incentive,
the energy content of the traction battery (i.e. rated battery capacity) used
in EV, in terms of “kWh” shall be measured as per the test procedure
specified in the standard ISO 12405-4:2018 edition at room temperature
(RT) as specified in the standard.
If the battery capacity (C/3 capacity for high energy battery and 1C
capacity for high power battery) measured during the testing, differs more
than +5% from the manufacturers declared specification, then the
measured battery capacity during the test shall be considered as rated
battery capacity for determining demand incentive. If the battery capacity
(C/3 capacity for high energy battery and 1C capacity for high power
battery) measured during the testing is within +5% of the manufacturer's
declared specification, then the manufacturer's declared battery capacity
shall be considered as rated battery capacity for determining demand
incentive.
J
Page no. 27 of 40This value shall be rounded to first decimal place and reported in
kWh.
Demand incentive for e-2W and e-3W shall be lowest of the following:
i) Energy content in kWh x INR 5,000
li) The demand incentive shall be subject to upper cap limit of 15% of
ex-factory price of the vehicle.
lii) Capped incentive per vehicle as per details specified in Annexure-
IV of the Scheme Notification.
3.0 Application for Eligibility Assessment
3.1 For Vehicle Models already type approved:
3.1.1. In case of the vehicle model /variant(s), for which eligibility assessment is
required, is already type approved as per provisions of CMVR, the vehicle
manufacturer shall submit to testing agency an application enclosing
copies of homologation assessment certificate and homologation
assessment test reports required for assessment as per Clause 2.0.
3.1.2 The testing agency shall determine the adequacy of documents submitted
by vehicle manufacturer. In case, additional testing or audit is required for
assessment of certain parameters, the testing agency shall conduct the
required tests/ audits.
3.1.3 Once the information on all relevant parameters is obtained (as per clause
3.1.1 and/ or 3.1.2), the testing agency shall issue an “Eligibility
Assessment Report” to vehicle manufacturer. This report shall contain
information on vehicle performance with respect to all applicable
parameters as notified from time to time.
3.2 For new type approval along with Eligibility Assessment:
3.2.1 Not applicable. Post type approval, OEM shall initiate manufacturing.
EMPS-2024 certification shall be carried out on sample vehicle selected by
testing agency from the OEM’s plant.
Standing Committee of Directors of Testing Agencies
A standing committee of directors of testing agencies headed by Director
ARAI is constituted. This committee will review the methodology being
followed for the Scheme certification and frame uniform guidelines/ SOP/
formats in carrying out the Scheme eligibility assessment and issue
necessary directions. These directions will inter alia cover the following
broad areas for EMPS-2024 Eligibility Assessment:
wf
Page no. 28 of 40a) Desktop audit of application and documents.
b) Plant audit of OEM's plant(s)
c) Plant audit of suppliers’ plant.
d) Testing on selected vehicle(s) and battery(ies).
e) PMP & non-PMP parts’ verification on selected vehicle.
iN
Page no. 29 of 40Annexure-VI
Customer Acknowledgement Form & Dealer Verification Form
(A)- Customer Acknowledgement
I/We hereby undertake that I/my organization as given below have
purchased .......... no. of vehicle (only one for individual) details of which are given
below under Electric Mobility Promotion Scheme (EMPS)-2024 of
Government of India and the benefit of admissible incentive amount has/have
been received, by way of upfront reduction in the cost of vehicles as reflected in
the dealer's invoice.
2. Information about the Vehicles:
” Particular Provide Details
z2
=| Name of the Manufacturer
Dealer Name*
Vehicle Model*
Model Variant*
Chassis No.*
Dealer Invoice No.*
Dealer Invoice Amount*
Incentive Amount adjusted in purchase
Total Number of Vehicles Purchased
©] CO] N| | oF BRB} WwW] NH] =
0 Vehicle Unique Identification Number 1
a Information about Customer
Customer Name*
Customer address*
Customer ID Proof i.e. Aadhaar Card, PAN
X) Page no. 30 of 40Card or Purchase Order
Customer Address Proof
Customer Email |D*
Customer Mobile Number
Date of Purchase of EV earlier by the Customer, if
any
Whether single purchase or bulk purchase
Indicate purpose, in case of bulk purchase
4. I/We hereby certify that the mobile number given above is functional and
is in my name/ in the name of my family member
(B) DEALER VERIFICATION:
WE Lo eecccccccce eee cee eee eeeeeeeeaeeeeeeaenenes (dealer's name), the Authorized
Cealer Of ..cssccccceeceeeeeeesseee (Manufacturer Name) do verify the sale of above said
Vehicle to the above named purchaser.
2 We also confirm that the benefit of INR ..............cccecceeee nent eset eee es
C(RUPOOS sisscsissawenssnescecsiss sen only) on account of EMPS-2024 for
moti 8'8 HH Buhdcaikindaadl8 4 45 bi number of vehicles has actually been given to the
purchaser in the form reduced purchase price.
We have also verified the ID, address proof and mobile number of the purchaser
and the same are confirmed to be correct.
(Signature of Authorized Signatory)
Name & Designation
Dealer Name & Mobile No.
Date:
Place
WA
Page no. 31 of 40Annexure-Vll
Integrity Pact Part A (at the time of filing the claim)
<To be furnished by the OEM on its letterhead>
To, Date:
PMA for Electric Mobility Promotion Scheme (EMPS)-2024
Ref:
1. Electric Mobility Promotion Scheme (EMPS)-2024 as notified vide S.O.
No. 1334 (E) dated 13° March, 2024 (“the Scheme”) read with the
operational guidelines dated , aS amended from time to time.
2. Approval letter number dated —/—_/2024 for approval of
application under the Scheme.
Sub: Integrity Compliance in EMPS-2024
Dear Sir/ Madam,
1. Whereas, the OEM namely (name of OEM with address),
has submitted an application under the Scheme to Ministry of Heavy
Industries (MHI), Government of India, seeking incentives for
(category of electric vehicles).
2. Now, therefore, the OEM, including its officers / representatives commits and
undertakes that he / she will take all measures necessary to prevent
corruption. He / She commits to observe the following principles during his /
her association / engagement with MHI or its agencies or its consultants
engaged with the process of appraisal and verification of application for the
approval of application and disbursement of incentives under the Scheme.
) Page no. 32 of 402.1. The OEM will not directly or through any other person or firm, offer,
promise or give to any of the MHI's officer(s) or consultant or
representatives of Project Management Agency (PMA) involved in the
process of dealing with application or to any third person any material or
other benefit which he / she is not legally entitled to in order to obtain in
exchange any advantage of any kind whatsoever before or during or after
the process of the application for grant of approval or disbursement of
incentives under the Scheme.
22 The OEM will not commit any offence under the relevant IPC / PC Act;
Further, the OEM will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or document provided
by the MHI.
2.9) The OEM shall disclose the name and address of the duly authorized
Agents / Representatives who will be dealing with MHI or its agencies and
the remuneration of these agents or representatives shall not include any
hidden amount or component to get the work done in undue manner or
causing inducement of whatsoever nature whether in cash or kind to
influence the normal process or practice of work.
2.4. The OEM will disclose any and all payments he / she has made, is
committed to or intends to make to agents, brokers or any other
intermediaries, other than regular employees or officials of the OEM, in
connection with the grant of approval or
2.5.
2.6.
2.7.
/ and disbursement of incentives.
The OEM will not offer any illicit gratification to obtain unfair advantage.
The OEM will not collude with other parties to impair transparency and
fairness.
The OEM will not give any advantage to anyone in exchange for
unprofessional behaviour.
we
Page no. 33 of 403. The OEM declare that no transgressions occurred in the last 3 years with any
other company in any country conforming to the anti-corruption approach or
with any other Public Sector Enterprises / Central or State Government or its
any instrumentality in India.
The OEM agrees that if it is found that they have made any incorrect
statement on this subject, the application will be closed or rejected and MHI
reserves the right to initiate legal action of whatsoever nature. In case if MHI
has disbursed the incentives under the Scheme, the amount disbursed to the
OEM shall be recoverable along with interest calculated at 3 years SBI MCLR
prevailing on the date of disbursement, compounded annually, besides
blacklisting of the OEM and initiation of legal action of whatsoever nature at
the discretion of MHI.
The contents of the above undertaking have been gone through and after
understanding the same is being executed / given on ___day of (month
/ year).
For Limited (name of OEM)
(Name & Designation)
Authorized Signatory
Place:
Date:
Page no. 34 of 40Annexure-Vill
Integrity Pact Part B (before release of claim incentive)
<To be furnished by the OEM on its letterhead>
To, Date:
PMA for Electric Mobility Promotion Scheme (EMPS)-2024
Ref:
1. EMPS-2024 as notified vide S.O. No. 1334(E) dated 13 March, 2024
(‘the Scheme”) read with the Operational Guidelines dated , as
amended from time to time.
2. Approval letter number dated _/ _/2024 for approval of
application under the Scheme.
Sub: Integrity Compliance in Electric Mobility Promotion Scheme (EMPS)-
2024
Dear Sir/ Madam,
1. Whereas, the OEM namely (name of OEM with address) has
submitted an application under the Scheme to Ministry of Heavy Industries
(MHI), Government of India, seeking incentives for the application pertaining
to (category of electric vehicles).
2. And whereas, the OEM has submitted an undertaking for observance and
commitment for Integrity vide Undertaking dated given under the
signatures / authority of (name and designation) to MHI in
respect of aforesaid application.
3. And whereas, the OEM, including its officers/ representatives gives
commitment and undertake that he/ she will take all measures necessary to
prevent corruption and that he/ she will not directly or through any other
person or firm, offer, promise or give to any of the MHI’s officer(s) or
consultant or representative of Project Management Agency (PMA) involved
in the process of dealing with application or to any third person any material
es Page no. 35 of 40or other benefit which he / she is not legally entitled to in order to obtain in
exchange any advantage of any kind whatsoever before or during or after the
process of the application for grant of approval or disbursement of incentives
under the Scheme.
. And whereas, the application submitted by the OEM has been given the
approval by MHI/ PMA vide its communication no. dated
. And whereas, the OEM has submitted a claim for disbursement of incentive
dated to the PMA for claiming incentive of Rs. (Rupees
. And whereas, MHI/ PMA has considered the claim for disbursement of
incentive and is in the process of disbursement/ release of incentive on the
claim dated
. Now, therefore, we hereby confirm the compliance thereof with the Integrity
Undertaking submitted to MHI duly certifying that there is no breach to the
same and requests that eligible incentives under the Scheme be released to
the OEM and the amount of incentive be credited in the bank account of the
OEM.
. The contents of the above Undertaking have been gone through and after
duly understanding the same, is being executed / given on day of
(month / year).
For Limited (name of the OEM)
(Name & Designation)
Authorized Signatory
Place:
Date:
Page no. 36 of 40Annexure-IX
Format for Deed of Indemnity cum Undertaking
<To be printed on Rs. 500/- Non-Judicial Stamp Paper and notarized>
This Deed of Indemnity is executed on
<date> at <place> by
<OEM> with CIN No ,
PAN No having its registered office at
hereinafter referred to as
‘Indemnifying Party’ (which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators,
representative and permitted assignees), in favour of Ministry of Heavy
Industries (MHI), Government of India (Gol), hereinafter referred to as the
‘Indemnified Party’ (which expression shall unless repugnant to the
context or meaning thereof, include its successors, assignees and
- the Project Management Agency (PMA) for Electric
Mobility Promotion Scheme (EMPS)-2024.
And Whereas the Indemnifying Party has read and understood all clauses
of the EMPS-2024 notified vide S.O. 1334 (E) dated 13" March, 2024 (“the
Scheme”) and operational guidelines dated ___———s along_- with other
notifications/ guidelines/ office memorandums/ circulars/ amendments,
etc. issued by MHI from time to time, hereinafter referred to as “Scheme
Documents”.
And Whereas the Indemnifying Party has read and understood all clauses
of the Scheme Documents and has after careful consideration made the
application for availing incentives under the Scheme and the Indemnifying
Party will not in the future claim ignorance of any of the clauses/
compliances of the Scheme Documents.
Pd Page no. 37 of 40And Whereas the Indemnifying Party has applied for a claim amount of Rs
£184 SSdiainidmn og ee vm wammunecnsrecens (.oeceeeeteteeeereeteeeeeeee Only) for availing
incentives/ subsidies for the period dd/mm/yyyyy to dd/mm/yyyy in terms
of the Scheme Documents. The Indemnifying Party has submitted the
incentive claim application to MHI/ PMA, seeking incentives for
(category of electric vehicles).
And Whereas the said Application of Indemnifying Party will be appraised
and approved on the basis of averments, representations, warranties,
undertakings, confirmations; etc. made by the Indemnifying Party along
with the incentive claim application and documents submitted therewith
and any other documents submitted subsequently.
And Whereas the Indemnifying Party state and confirm that all the data
and information submitted by them to PMA/ MHI for availing incentive
under the Scheme are true, correct and complete in all respects and that
no material fact / information that may have an adverse impact on the
information provided by us for availing the said incentive has been
concealed. It is also confirmed that, wherever there is sale to any related
parties, all prices reported by us are based on arms-length pricing and
applicable norms for transfer pricing. It is further confirmed that the
foregoing averment is on an ongoing basis and the Indemnifying Party
undertakes to immediately apprise the PMA/ MHI about any material
change in the status of information provided by it to avail the said
incentives.
Now, therefore, in consideration for the Approval accorded by the
Indemnified Party and proposed release/ disbursement of incentives, the
Indemnifying Party hereby irrevocably agrees to indemnify and keep fully
indemnified the Indemnified Party (which includes each officer/ employee/
outsourced professionals/ consultants who have worked upon or are
Page no. 38 of 40working in relation to the incentive claim application with the Indemnified
Party (beneficiaries under this Indemnity) against all costs, expenses,
losses, claims (including any third party claims), including all costs
related to attorney fees, all losses related to loss of reputation, loss of
business, loss of income, profits, revenue etc. arising out of or suffered by
the Indemnified Party (and each of the beneficiaries under this Indemnity)
due to any acts or omissions of the Indemnifying Party or due to any
averments, representations, warranties, undertakings etc. made by the
Indemnifying Party in the incentive claim application (or thereafter for
availing the incentives under the Scheme) being false, incorrect,
inaccurate or being breached by the Indemnifying Party.
The Indemnifying Party hereby also undertakes at all times to save,
defend and to indemnify and keep indemnified the Indemnified Party, its
successors and assigns its estate and effects, and its directors, manager,
secretary and shareholders and their heirs, executors and assigns from
and against all actions, suits, proceedings, accounts, claims and demands
whatsoever for or on account of the said Incentive Scheme or otherwise
in connection with the same, and from and against all losses, costs,
claims, actions, demands, risks, charges, expenses, damages and losses
arising in any manner howsoever.
The Indemnifying Party further agrees to refund to the Indemnified Party
upon demand, the entire claim Amount of RS. ............ cece eee ees
(.cecceceseeeeeeeeeeeee tenner ene only) incentives/ subsidies disbursed to the
Indemnifying Party along with interest calculated at 3 years SBI MCLR
prevailing on the date of disbursement, compounded annually, for the
period between excess payment/ wrongfully claimed subsidy/ incentive
and date of refund in the event any averments, representations,
warranties, undertakings etc. made by the Indemnifying Party in the
Application are found false, incorrect, inaccurate or are found breached by
xh Page no. 39 of 40the Indemnifying Party, without any protest or demur.
(Signature with Name and Designation)
(Accompanied with Board Resolution
authorizing the designated person to sign
The Deed of Indemnity cum Undertaking
on behalf of the OEM)
Place:
Date:
Witness:
1
Signature with Name, Designation & Address
2
Signature with Name, Designation & Address
Page no. 40 of 40