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SURETY CUM TEST BOND
To,
The President of
India
,
The Deputy Commissioner
of Customs,
.
KNOW ALL MEN BY THESE PRESENTS
THAT I/we M/S …………………………… No. ………………………… hereinafter called the Importer
(which expression shall include its successors/heirs, executors, administrators
and legal representatives) and I / we …….
…………………….. (hereinafter referred to as the “Surety” (which expression shall
include our successor or successors) are held and firmly bound unto the President
of India hereinafter called the President (which expression shall include his successors and
assigns) in the sum of Rs. ……………………….. (Rupees …………………………………………………………………...
only) to be paid to the President for which payment well and truly to be made we
jointly and severally
bind ourselves, our successors, heirs, executors,
administrators and legal representatives firmly by these presents.
Sealed with our seal(s) this
day of
.
WHEREAS
The (Deputy/Assistant Commissioner
of Customs) Principal Appraiser at………………………………………... (Hereinafter called the “Proper
Officer”) has agreed to make provisional assessment of the
goods described in the Schedule
below imported by the importer pending submission of further documents and furnishing information and or
completion of further enquiries and / or chemical or other test and the Proper Officer
has agreed to allow clearance of the goods subject to the importer of the goods subject to the importer’s (production within one month from the date hereof
a valid license to cover the import of the goods mentioned in the Schedule or ) proving to the satisfaction of Proper Officer that
the Import Trade Control License No. …………………………… produced
by the importer is valid for and covers the entire goods mentioned in the schedule below and
upon the importer and the surety agreeing to furnish such bond as is herein contained.
NOW THE CONDITION of the above
written bonds is such that –
1)
If the importer shall within one month or within such extended
period as the Proper
Officer may
allow produce such documents and furnish such information as may be
called for the Proper Officer, and
2)
If the importer
pays to the President the difference between the duty finally assessed
and the duty provisionally assessed in respect of the
goods mentioned in the Schedule
below, and
3)
If the importer delivers, or causes to be delivered to the Proper Officer one month
of a demand being made by the Proper Officer a valid
import license covering the entire goods mentioned in the Schedule below, and
4)
If the importer pays to the President any penalty and fine that may be adjudged
in lieu of confiscation of the said goods for importation of the goods or part thereof
without a valid import license.
Then the above written bond shall be void and of no effect
otherwise the same shall remain in full force and virtue.
AND IT IS HEREBY AGREED AND CLEARED By and between the parties as follows: -
1)
This bond is given under the orders of the Central Government for
the performance of an act in which the public are interested.
2)
This bond shall be enforceable against the surety no with standing that proceedings have not been taken against
the importer.
3)
The (Deputy/Assistant Commissioner of Customs) …………….. or other officer of Government
of India shall have full liberty without reference to the surety and without affecting
the guarantee to postpone for any time or from time to time the exercise of any
of the powers and rights or any such exercise or non-exercise by the (Deputy/Assistant
Commissioner of Customs) ……… or other officer of the Government of India without
notice to or
consent of the surety or by reason of time being given to the importer
or y any variation
or deviation in the terms between the President and the importer
or for any other forbearance, act or omission on the part of the Government Officers
to the importer which under the low relating to surety would but for this provision
have effect of releasing the surety.
4)
In order to give effect to this guarantee the President shall be entitled to act
as if the surety was the principal debtor and the surety waive all right as surety
and other rights which may be inconsistent with the above provisions.
5)
The right of the President to recover the said amount from the surety in the manner
aforesaid will not be affected or suspended by reason of the fact that any dispute
or disputes have been raised by the importer with regard to the liability or that
any proceedings are pending before any Officer, Tribunal or Court with regard thereto
or in connection therewith.
6)
The guarantee herein contained shall not be determined or affected by the liquidation
or winding up of the importer.
7)
The President through the (Deputy/Assistant Commissioner of Customs) …………. or other
officer may recover the said sum of Rs. ……………. In the manner laid down in sub-section (1) of Section 142 of the Customs Act, 1962 without prejudice to any other mode
of recovery.
8)
The surety has power to give this guarantee in favour of the President and the signatory
of this bond on behalf of the surety has full power to sign this bond.
IN WITNESS WHEREOF the importer and the surety have herein
set and subscribed their respective hands and seals the day, month and year above written.
SIGNED AND DELIVERED by and
on behalf of the importer at
New
Delhi
in the presence of: -
1)
………………………………………
2)
………………………………………
SIGNED AND DELIVERED by and
on behalf of the surety at ……………………. In the presence of:-
1)
………………………………………
2)
………………………………………
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