The sponsoring authorities were accordingly directed to ensure that only those hospital equipment and appliances were to be treated as priority industries which would appropriately be classified as medical and surgical equipment and appliances.
In para 2 it was stated that some Licensing Authorities were treating the manufacture of hospital equipment as priority industry under the general heading medical and surgical equipment and appliances.
As a measure of precaution, the Regional Office and Licensing section were requested to suspend further issue of licence vide Iron Steel Controllers telegram dated 9th January, 1969.
number 39 of Appendix I in Section The import policy is announced and published by the Government of India, Ministry of Commerce, on the eve of each financial year by means of a Public Notice which is issued in the form of a book called the Import Trade Control Policy, companymonly known as the Red Book.
On appeal before the division Bench under cl.
The position has been reviewed, in companysultation with the Department of Iron Steel, and it has been decided that the applications for Stainless Steel Sheets, plates and strips received from newcomer units during 1968 69 should be scrutinised by the Directors of Industries and the Regional Offices and Licensing Sections very carefully, before import licences are granted, with a view to ensuring that new units which are number well equipped do number get away with import licences of this sensitive item.
The instructions companytained in this book are applicable subject to future amendments and to the provisions of the relevant import trade companytrol policy book vide cl.
As a supplement to the Red book is the Handbook of Rules and Procedure on Import Trade Control.
It was pointed out that all types of hospital equipment and hospital appliances were number classified as priority industries and it was added by way of illustration that lotion bowls, kidney trays, instrument trays, wash bowls, measuring jugs, ointment jars and medicine cups as end products were in number priority category.
it appears that according to this policy import for household utensils was number available as a priority item and this necessitated further clarification from the respondent.
On February 23, 1970 a letter was written by the Director of Industries and Commerce, Madras to the Deputy Assistant Iron Steel Con troller, Madras, in which after referring to his earlier letter dated October 31, 1969 and to the respondents letter dated February 6, 1970, it was stated In view of the assurance given by the firm that they would manufacture only Surgical Equipment like Sterilisers, Operation Tables, Auto Claves etc.,
I recommend that M s. Katrella Metal Corporation, 54, Sydanhams Road, Madras for whom Essentiality Certificate has been issued for import of stainless steel sheets for the period April March, 1969 may please be treated as PRIORITY INDUSTRY and licence issued to them on this basis.
It was in these circumstances that the respondent filed the writ petition in the High Court on March 30, 1970 claiming a writ of mandamus as stated earlier, the sole grievance being that the respondents application for import licence had during all this period number been taken up for final disposal.
After inviting attention to the earlier G.L.I. No.
In the meantime on January 30, 1969 Licensing Instruction No.
Its provisions are brought into force by a Public Notice published in the Gazette of India Extraordinary.
Director of Land Commerce, District Madras North 23 12 68 According to Import Trade Control Policy 1968 69 indus tries engaged in the manufacture of medical and surgical equipment and appliances were included in the list of priority industries at sl.
However, instructions have since been received vide the Chief Controller of Imports and Exports, New Delhi letter dated 8 4 1970, which inter alia provides that applications received by the sponsoring authorities in time may be companysidered irrespective of the date on which they were forwarded to the licensing authorities and in terms of the licensing policy for 1970 71.
Sd C. B. Mathur Officer on Special Duty.
Prior to 1962 the import policy used to be published on half yearly basis.
Appeal by special leave from the judgment and order dated March 1971 of the Madras High Court in Writ Appeal No.
Date on which power companynection was obtained.
These instructions pertained to the import policy for April 1969 March, 1970, and referred to medical and, surgical equipment and appliances which was the subject matter.
On May 19, 1969 the Chief Controller of Imports and Exports, from the Ministry of Foreign Trade and Supply issued General Licensing Instruction No.
S. Desai, M. C. Bhandere and S. P. Nayar, for the appellant.
M. Singvi, A. V. Rangam, R. Krishnamoorthi and A. Sub hashini, for respondent No.
933 of 1970 being, by companymon companysent, treated as illustrative of all the other cases as well.
15 of the Letters Patent it was companyplained by the appellant, the Deputy Assistant Iron Steel Controller, that the instructions of the learned Judge interfered with the policy introduced in 1970 71 because under the new policy import of stainless steel was canalised through the Minerals and Metals Trading Corporation for number priority industries.
On December 7, 1968 Lala Manickchand, proprietor of Messrs Katrella Metal Corporation, Madras, respondent in this Court, submitted an application, as a new unit, for the licensing period,1968 69 for the grant of an import licence for Rs.
Copies of these letters may be endorsed to the respective Directors of Industries, with the request that they should scrutinise the applications with reference to the date that may be furnished by the applicants carefully, and thereafter send their recommendations revised recommendations as the case may be to the licensing offices.
For the purpose of scrutinising the applications, it is necessary to call for the following data from the .applicant Date of registration of the unit.
Hence the Essentiality Certificate issued to the firm already is companyfirmed.
39 in Appendix I of the Red Book for that year.
On May 2, 1969 the respondent, while giving information about Jr end products, stated in a letter that hospital requisites such as surgical bowls, spittoons and trays were intended to be manufactured by the industry.
The petitioners application companyld number therefore be disposed of.
Regional Offices and Licensing Sections are directed to write to all the new companyners, who have sent their applications for Stainless Steel Sheets plates and strips to furnish the above information to the respective Directors of Industries direct, endorsing a companyy to the Regional Offices and the Licensing Sections.
of Item No.
Regional Office and Licensing Sections are directed to take immediate action on the lines indicated above.
As is obvious from the preface of the Red Book for the year 1968 69, in formulating the import policy, account is generally taken of all the suggestions received from individuals, chambers and associations of trade and industry, Export Promotion Councils, Commodities Boards, Board of Trade and others.
Apparently, the Director of Industries was the sponsoring authority in this case.
31 of 1969 on the subject of grant of import licence to units engaged in the manufacture of hospital equipment.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
29/69 dated May 19, 1969 it was stated in this instruction that after further companysideration in companysultation with the D.G.T.D. a list had been prepared in respect of the end products which alone would be treated as priority industries under the general heading medical and surgical equipment and appliances.
120 of 1971.
On October 31, 1969 the Director of Industries, Madras, companyfirmed the Essentiality Certificate already issued to the respondent.
The Judgment of the Court was delivered by Dua, J. This appeal by special leave is directed against the judgment and order of the Madras High Court dated March 25, 1971 dismissing at the stage of admission an appeal under cl.
6, Chapter 11 of Handbook of Rules and Procedure, 1968.
Asstt.
It said IRON STEEL CONTROL I E DIVISION Office Note LICENSING INSTRUCTION No.
On May 29, 1969 the Chief Controller of Imports and Exports issued General Licensing Instruction No.
But with effect from the financial year 1962 63 the Red Book companytains the policy for the whole year.
4/69 was issued from the Iron and Steel Control Department I E Division .
hospital requisites.
4/69 Dated 30 1 1969 It has companye to the numberice of the Iron Steel Controller that a large number of applications have been received for import of Stainless Steel Sheet plates and strips from newcomer units during 1968 69.
9,900/for importing stainless steel as an actual user for manufacturing.
V. Goswami, for the intervener.
Sd S. Gopalakrishnan Addl.
The registration certificate dated December 31, 1968 issued to the respondent as a small scale industry by the Additional Assistant Director of Land Commerce, District Madras North, reads DEPARTMENT OF INDUSTRIES COMMERCE SMALL SCALE INDUSTRIES DIVISION No.
That list was enclosed for the guidance of the Licensing and Sponsoring authorities and in case of doubt those authorities were directed to refer the matter to head quarters Special Licensing Cell.
1053 of 1971.
It embodies the procedures, rules and regulations governing the submission of applications, grant of licences, their validity and utilisation and other matters relating to import, trade companytrol.
More than 200 writ petitions were heard together and disposed of by a companymon judgment of the learned single Judge, the facts in the respondents writ petition No.
It was observed in that letter that the firm had installed machinery and taken action to obtain power supply etc.
15 of the Letters Patent preferred by the appellant against the judgment and order of a learned single Judge of that Court dated September 1, 1970 allowing writ petition number 933 of 1970 filed by the respondent praying for a writ of mandamus directing the Licensing Authority under the Imports Exports Control Act, 1947 to do his public duty and companysider the applications for import licence made by the respondent.
MS.N.SSI/506/033 CERTIFICATE This is to certify that M s. Katrala Metal Corporation 54 Sydenhams Road, Madras 7 office at 90 N.S.C. Bose Road, Madras 1 is a genuine Small Scale Industry engaged in the manufacture of Hospital and Surgical Instruments, Trays, Mugs, Basins and Household Utensils out of Stainless steel.
571 Registration No.
With regard to the respondents application for import licence for manufacturing hospital and surgical equipment it was added that the Director of Industries had issued the Essentiality Certificate in April, 1969 and recommended the respondent for treating it as a priority industry on February 23, 1970.
29/69 on the subject of import licences to units engaged in the manufacture of hospital equipments.
