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Computer
Policy 1984
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Highlights
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In
this policy
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4
The existing capacity restrictions on the organised sector
relating total production value of Rs 2 crore per year and
of five systems per year below Rs. 3 lakh deleted.
4
Import of software, where allowed, shall be preferably in
the form of source code. Special encouragement will be given
to central purchase of source code of software and distribution
within the country.
4
Components which are not being manufactured in the country
and which are not expected to be manufactured in the near
future, will be permitted to be imported at very low levels
of import duty.
4
Software exports
shall also be promoted through satellite based data links
with overseas computers. |
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The Government
of India has had under consideration the question of reviewing
the existing policy for manufacture, import and export of
computers and computer-based systems. As a first step in
that direction, the following revisions are made to the
existing policy and procedures for manufacture, import and
export of computers and computer based systems.
The revision
is broadly aimed at accomplishing the following basic objectives:
- Enable manufacture in the
country, of computers based on the latest technology,
at prices comparable with international levels and progressively
increase indigenisation consistent with economic viability.
- Simplify existing procedures
to enable users to obtain computers of their requirements
either from indigenous sources or from overseas sources
mainly regulated through fiscal measures.
- Promote appropriate applications
of computers, which are of development catalysing nature
with due regard for long term benefit of computerisation
to the country as a whole.
The revised
policy and procedures given below pertain to computers and
their associated sub-systems like peripherals and software
and computer-based systems in which the computer is a major
sub-system.
A.
Manufacture
- All-regulatory measures
concerning manufacture like scrutiny of applications for
letters of intent, industrial licences, foreign collaboration,
Phased Manufacturing Programmes (PMP) and CG & Raw-material
imports, will be exercised by the existing Inter-Ministerial
Standing Committee (IMSC) under the Department of Electronics
(DoE) which has been designated for this extended purpose.
The Computer, Computer Communication and Instrumentation
(CCI) Wing of the Department of Electronics will continue
to be the Secretariat for this Committee. All applications
should also be made directly to the CCI-Wing of DoE.
- Manufacture of micro/mini
computers including personal computers, micro computers
and VLSI-based minicomputers including those based in
32-bit chips equivalent (excluding 32 and higher bit super
mini/miniframe architecture) will be permitted to any
Indian company, i.e. wholly owned Indian companies and
companies having foreign equity not exceeding forty per
cent in the private or public sector.
- The manufacture of CPU of
mainframes and super mini-computers will be reserved for
a period of two years for manufacture by the public sector.
The precise definition of mainframe range of computers
and super mini-computers will be laid down from time to
time by DoE.
- A new classification "Computer
and Computer-based Systems" will be introduced for the
items covered under this policy. This new classification
will be entitled for investment allowance and other incentives
available to new industry. Software development and manufacture
is classified as "Industries". The industry will be exempted
from the purview of the location policy etc., in view
of its specialised high technology nature.
- The existing capacity restrictions
on the organised sector relating total production value
of Rs 2 crore per year and of five systems per year below
Rs. 3 lakh will be deleted. Manufacture of micro
and mini-computer systems will be permitted without any
restriction on capacity except a minimum requirement of
a viable capacity and a phased manufacturing programme
(PMP), which will result in manufacture with as high indigenisation
as is economically viable. The PMP for progressive
realisation of economically viable indigenisation as well
as progressive updating of technology would be ensured
by the Department of Electronics through the IMSC.
- For companies supplying
CPUs, peripherals and other sub-systems on original equipment
manufacture (OEM) basis, liberal import of know-how shall
be permitted and the excise duty will be kept at relatively
low level with appropriate set-off.
- A price purchase preference
to public sector enterprises for Government and public
sector purchase of computers would be available as per
prevailing Government policies applicable to this sector.
- For Research and Development
units recognised by DoE, import of designs and drawings
will be allowed on OGL.
- Adequately Liberal import
of designs and drawings, system software and utility software
will be initially permitted for manufacture and later
regulated by PMP and raw material clearance All applications
for such imports should be sent to the CCI-Wing of Department
of Electronics and will be examined by the IMSC.
- The Department of Electronics
through IMSC will take appropriate measures for the promotion
of standardisation around certain LSI/VLSI chips and peripherals
with due regard to indigenously made products.
- Import of software, where
allowed, shall be preferably in the form of source code.
Special encouragement will be given to central purchase
of source code of software and distribution within the
country.
- To be able to manufacture
the final product at internationally competitive prices,
it is necessary that components should be made available
to manufactures at as near international prices as possible.
Suitable revision of the duty structure on components
will be recommended by the Department of Electronics from
time to time based on the following principles; components
which are not being manufactured in the country and which
are not expected to be manufactured in the near future,
will be identified and permitted to be imported at very
low levels of import duty. For other components, which
are manufactured in the country or can be manufactured
within a short period, liberal manufacturing facilities
will be allowed to be set up taking advantage of the economics
of scale. Such components will be protected from imports
with sufficiently high protective duty. Such duty structures
will be recommended from time to time by the Department
of Electronics to the Ministry of Finance.
- The procedure for import
of raw materials and components for actual use of the
manufacture would be simplified and expedited. Up to a
specified time limit after the registration of import
application with the Department of Electronics, the clearance
of raw materials will be governed by the IMSC, which shall
give a decision within two months of the registration
of the application.
- Computers manufactured in
the country will be protected from imports through fiscal
measures like high protective import duty levels recommended
by DoE through the IMSC from time to time. Recommendations
will be made to the Ministry of Finance to progressively
reduce the import duties in order to encourage reductions
in the cost of indigenous manufacture.
- Procedures will be evolved
by DoE through IMSC for making indigenous manufacturers
competitive with respect to imports by educational institutions,
R&D organizations, defence establishments and other
categories of organizations for which direct import of
computers do not attract import duty.
- A letter of approval will
be canceled if the party DoEs not take effective steps
within a period stipulated by the DoE through IMSC.
- All local manufacturers
would be encouraged to provide capability for bilingual
(Hindi and English) input-output facility in the computers
manufactured by them from 1986 onwards to meet the demand
from those who are required to use Hindi under the Official
Languages Act.
- Promotion of applications
of computers in any social or economic sector will be
carried out by encouraging setting up of System Engineering
Companies in the public and private sector without undue
constraint as long as the computers and computer sub-
systems are brought from indigenous sources are available.
- Within the ambit of the
above mentioned policy framework all details of procedures
will be laid down by the DoE through the IMSC from time
to time. The DoE through the IMSC is also empowered to
steer the implementation and interpret the policies and
procedures from time to time.
B.
Import
- The Inter-ministerial Standing
Committee (IMSC) under the DoE will examine the applications
for import of computers including import for facilitating
software exports. For this latter purpose, IMSC will also
have a representative of Commerce Ministry as a member.
All applications should be directly sent to the CCI-Wing
of the DoE.
- Import of computers, computer-based
systems and computer sub-systems like peripherals for
integrating with an imported CPU will be permitted only
to actual end users.
- With liberalisation of domestic
manufacture, domestic computers will be enabled progressively
to compete with imported computers on which a sufficiently
high protective import duty will be levied.
Actual users
will be permitted to import standardised EDP systems as
complete systems costing less than Rs 10 lakh c.i.f. on
the basis of liberal procedures by paying a sufficiently
high protective duty. This will become effective on 1
April 1985 when the duty rate will also be announced.
The Department
of Electronics will recommend progressively lower levels
of duty on such imports from time to time in order to
make local manufacture progressively more competitive
with respect to equivalent imported systems.
- For import of computers
and predominantly computer based systems costing more
than Rs. 10 lakh c.i.f., the actual user would be required
to apply to the Department of Electronics who would examine
the application from the point of desirability of applications,
necessity and indigenous availability.
If the use
of the computer is desirable and is not available indigenously,
the user will be permitted to import at a low level of
duty from a standardised list, which would be announced
periodically by the Department of Electronics. This list
would contain between 12 and 18 models and will be periodically
updated. The standardised List will be maintained to enable
the advantage of bulk purchase and facilitate maintenance
and exchange of software. To take advantage of the substantial
reduction of foreign exchange for bulk purchase, the Department
of Electronics would negotiate with the vendors of the
models in the standardised list and execute a rate contract
where possible, for a fixed duration of time.
- Where import of computers
or computer sub-systems are needed as part of a justified
proprietary purchase or as any special purpose computer
not available from indigenous sources, clearance of the
Department of Electronics is necessary. A low level of
duty would apply.
- After the clearance has
been given by the Department of Electronics for purchase
under (4) or (5) above, the user would be free to negotiate
directly and take all further procurement action.
- If for some justifiable
special reason, the user wishes to avail of DoE's assistance
in the actual procurement of the computer, they may approach
DoE for the purpose and come to a proper understanding
with DoE on how the computer is to be procured.
- Import of application software
not available commercially in the country would be permitted
to actual users with low duty levels on a case to case
clearance by DoE. The actual user may avail of OGL facility
with a sufficiently high protective import duty for any
software after informing, in writing, the Department of
Electronics. In addition, where possible, DoE would arrange
for centralised import of software for distribution to
manufacturers and users on a no profit no loss basis.
- Maintenance of imported
computers and predominantly computer based systems imported
will be done either in-house by the actual user or by
any other agency designated by DoE. The DoE designated
agency of CMC or the user responsible for the maintenance
of imported computer systems, will be permitted to import
spares, tools test equipment and software support for
warranty maintenance on the basis of CCF licence if so
required.
- All import applications
will be processed by the DoE through IMSC within two months
of the registration of applications in the CCI Wing of
DoE in complete forms as per proforma notified from time
to time.
- All actual users who have
imported computers or purchased indigenous ones who are
required to use Hindi under the Official Languages Act,
will be encouraged to augment their computing facilities
for input-output processing of data in Devanagari
in addition to English within two years from the date
of this Notification, whichever is earlier.
- Within the ambit of the
above mentioned policy framework, all details of procedures
will be laid down by the DoE though the IMSC is also empowered
to steer the implementation and interpret the policies
and procedures from time to time.
C.
Software Development and Export
- DoE will set up an extensive
research, design and development facility. This organisation
will be given special encouragement to not only develop
know-how through indigenous efforts, but also import know-how
on a centralised basis where found advantageous and absorb
as well as improve on this know-how on a continuous basis.
This organization would cumulate a standardised menu of
know-how for making them available to interested users
and entrepreneurs.
- DoE will set up a Software
Development Promotion Agency to give an impetus to the
growth of manpower intensive software development efforts
for both exports and local requirements including import
substitution as an integrated effort.
- Effective software export
promotion on a sustained basis can be effective in the
long run only if it is planned as a part of an overall
software promotion scheme covering both export and internal
requirements including import substitution. Also, planning
for software development is integrally connected with
the plan for hardware development and system engineering.
The Software Export Promotion Policy of January 1982 will
continue to apply hut will include the following modifications:
- The general structure
of 100 per cent export schemes applied as hitherto
- Categories 'A' and '8'
schemes will be modified as outlined in the Import-Export
Policy, April 1984-March 1985, Volume 1, Chapter 5,
para 22.
- Category 'C' in the existing
Software Export Scheme will continue in its present
form except for the following additional pro- visions:
(a) The
following two options will be available to the exporter:
·(i) either
complete duty exemption with custom bonding.
(ii) or,
duty payment without custom bonding.
(b) 50
per cent of export earning will be available to the
exporter on the same basis as for categories 'A'
and 'B'.
(c) All
facilities and incentives available under the 100 per
cent software export scheme will be available to Category
'C' scheme also.
- Software exports shall
also be promoted through satellite based data links
with overseas computers. This will be carried out by
DoE in coordination with the Ministry of Communication/P
&T Department.
- The National Computer
Network, INDONET, will be made available predominantly
to promote software export from public and private sector
enterprises with special consideration for software
houses in the small-scale sector.
- For import of computers
under any of the software export schemes, a special
low duty window will be provided.
D.
Implementation
- All the revised policies
and procedures outlined above come into effect immediately
on the date of issue of this Press Note.
- Import of computers on the
basis outlined in 8(3) above will come into force with
the announcement of the Import and Export Policy for the
period April 1985 to March 1986.
- Notifications concerning
specific duty levels applicable until further notice from
Ministry of Finance will be issued by them separately.
- All cases governed by policies
and procedures outlined above which are still awaiting
notifications in various Government Departments on specific
issues, will be processed by DoE in the interim as per
present policies and procedures.
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