Page 85 - Compendium_of_Law&Regulations

CVD Rules, 1995

(3) For the purposes of sub-clause (iii) of clause (c), "subsidy for assistance
to promote adaptation of existing facilities to new environmental
requirements" means assistance to promote adaptation of existing facilities
to new environmental requirements imposed by law and/or regulations
which result in greater constraints and financial burden on commercial
organizations :

Provided that the assistance –

(i) is a one-time non-recurring measure; and

(ii) is limited to twenty per cent of the cost of adaptation; and

(iii) does not cover the cost of replacing and operating the assisted
investment, which must be fully borne by commercial organizations;

and

(iv) is directly linked to and proportionate to a commercial organisation’s
planned reduction of nuisances and pollution, and does not cover
any manufacturing cost savings which may be achieved; and

(v) is available to all firms which can adopt the new equipment and/or
production processes.

(3) The designated authority while determining the subsidy of a kind as
referred to in sub-clause (c) to sub-rule (1) shall take into account, inter
alia the principles laid down in Annexure II to these rules.

12. Calculation of the amount of the countervailable subsidy

(1) For the purposes of these rules, the amount of countervailable subsidies,
shall be calculated in terms of the benefit conferred on the recipient which

is found to exist during the investigation period for subsidization

(2) As regards the calculation of benefit to the recipient, the following factors
shall apply, namely:-

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