My Infodrive India
Username:
Password:
Forgot Password
Free Signup

DGFT Foreign Trade Development and Regulation Act 1992.

Untitled 1

APPENDIX - 39

The following Act of Parliament received the assent of the President on the 7th August, 1992, and is hereby published for general information:-

THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 No.22 OF 1992
(7th August, 1992)

An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from India and for matters connected therewith or Incidental thereto.

Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

CHAPTER-I PRELIMINARY

Short title and commencement

  1.  
    1. This Act may be called the Foreign Trade (Development and Regulation) Act, 1992.
    2. Sections 11 to 14 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 19th day of June 1992.

Definitions.

  1. In this Act, unless the context otherwise requires:
    1. "Adjudicating Authority" means the authority specified in, or under, section 13;
    2. "Appellate Authority" means the authority specified in , or under, sub-section (1) of section 15;
    3. "conveyance" means any vehicle, vessel, aircraft or any other means of transport including any animal;
    4. "Director General" means the Director General of Foreign Trade appointed under section 6;
    5. "import" and "export" means respectively bringing into, or taking out of, India any goods by land. sea or air;
    6. "Importer-exporter Code Number" means the Code Number granted under section 7;
    7. "license" means a license to import or export and includes a customs clearance permit and any other permission issued or granted under this Act;
    8. "Order" means any order made by the Central Government under section 3; and
    9. "Prescribed" means prescribed by rules made under this Act.

CHAPTER-II POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS AND ANNOUNCE EXPORT AND IMPORT POLICY

Powers to make provision relating to imports and exports.

  1.  
    1. The Central Government may by Order published in the Official Gazette, make provision for the development and regulation of foreign trade by facilitating imports and increasing exports.
    2. The Central Government may also, by Order published in the Official Gazette, make provision for prohibiting. restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the Order, the import or export of goods.
    3. All goods to which any Order under sub-section (2) applies shall be deemed to be goods the import or export of which has been prohibited under section 11 of the Customs Act, 1962 and all the provisions of that Act shall have effect accordingly.

Continuance of existing orders

  1. All Orders made under the Imports and Exports (Control) Act, 1947 and in force immediately before the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act, continue to be in force and shall be deemed to have been made under this Act.

Export and import policy.

  1. The Central Government may, from time to time, formulate and announce by notification in the Official Gazette, the export and import policy and may also, in the like manner, amend that policy.

Appointment of Director General and his functions.

  1.  
    1. The Central Government may appoint any person to be the Director General of Foreign Trade for the purposes of this Act.
    2. The Director General shall advise the Central Government in the formulation of the export and import policy and shall be responsible for carrying out that policy.
    3. The Central Government may, by Order published in the Official Gazette direct that any power exercisable by it under this Act (other than the powers under sections 3,5,15,16 and 19) may also be exercised, in such cases and subject to such conditions, by the Director General or such other officer subordinate to the Director General, as may be specified in the Order.

CHAPTER-III IMPORTER-EXPORTER CODE NUMBER AND LICENCE

Importer-exporter Code Number.

  1. No person shall make any import or export except under an Importer-exporter Code Number granted by the Director General or the officer authorised by the Director General in this behalf, in accordance with the procedure specified in this behalf by the Director General.

Suspension and cancellation of Importer-exporter Code Number.

  1.  
    1. Where :
      1. any person has contravened any law relating to Central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the Central Government by notification in the Official Gazette, or
      2. the Director General has reason to believe that any person has made an export or import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country, the Director General may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the Importer-exporter Code Number and giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the Importer-exporter Code Number granted to that person.
    2. where any Importer-exporter Code Number granted to a person has been suspended or cancelled under sub-section (1), that person shall not be entitled to import or export any goods except under a special license, granted, in such manner and subject to such conditions as may be prescribed, by the Director General to that person.

Issue, suspension and cancellation of license.

  1.  
    1. The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for a license or in respect of any license granted or renewed in such manner as may be prescribed.
    2. The Director General or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a license to import or export such class or classes of goods as may be prescribed, after recording in writing his reasons for such refusal.
    3. A license granted or renewed under this section shall -
      1. be in such form as may be prescribed;
      2. be valid for such period as may be specified therein; and
      3. be subject to such terms, conditions and restrictions as may be prescribed or as specified in the license with reference to the terms, conditions and restrictions so prescribed.
    4. The Director General or the officer authorised under sub-section (2) may, subject to such conditions as may be prescribed for good and sufficient reasons, to be recorded in writing suspend or cancel any license granted under this Act:

      Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
    5. An appeal against an order refusing to grant, or renew or suspending or canceling, a license shall lie in like manner as an appeal against an order would lie under section 15.

CHAPTER-IV SEARCH, SEIZURE, PENALTY AND CONFISCATION

Power relating to search and seizure

  1.  
    1. The Central Government may, by notification in the Official Gazette, authorise any person for the purposes of exercising such powers with respect to entering such premises and searching inspecting and seizing of such goods, documents, things and conveyances subject to such requirements and conditions, as may be prescribed.
    2. The provisions of the Code of Criminal Procedure, 1973 relating to searches and seizures shall, so far as may be, apply to every search and seizure made under this section.

Contravention of provisions of this Act, rules, orders and export and import policy.

  1.  
    1. No export or import shall be made by any person except in accordance with the provisions of this Act, the rules and orders made thereunder and the export and import policy for the time being in force.
    2. Where any person makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more.
    3. Where any person, on a notice to him by the Adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes of cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person.
    4. A penalty imposed under this Act may, if it is not paid, be recovered as an arrear of land revenue and the Importer-exporter Code Number of the person concerned, may, on failure to pay the penalty by him, be suspended by the Adjudicating Authority till the penalty is paid.
    5. Where any contravention of an provision of this Act or any rules or orders made thereunder or the export and import policy has been, is being or is attempted to be made, the goods together with any package, covering or receptacle and any conveyances shall, subject to such requirements and conditions as may be prescribed, be liable to confiscation by the Adjudicating Authority.
    6. The goods or the conveyance confiscated under sub-section (5) may be released by the Adjudicating Authority, in such manner and subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods or conveyance, as the case may be.

Penalty or confiscation not to interfere with other punishments.

  1. No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.

Adjudicating Authority

  1. Any penalty may be imposed or any confiscation may be adjudged under this Act by the Director General or, subject to such limits as may be specified, by such other officer as the Central Government may by notification in the Official Gazette, authorise in this behalf.

Giving of opportunity to the owner of the goods, etc.

  1. No order imposing a penalty or of adjudication of confiscation shall be made unless the owner of the goods or conveyance or other person concerned, has been given a notice in writing -
    1. informing him of the grounds on which it is proposed to impose a penalty or to confiscate such goods or conveyance ; and
    2. to make a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty or confiscation mentioned therein, and, if he so desired, of being heard in the matter.

CHAPTER-V APPEAL AND REVISION

  1.  
    1. Any person aggrieved by any decision or order made by the Appeal. Adjudicating Authority under this Act may prefer an appeal:
      1. where the decision or order has been made by the Director General, to the Central Government,
      2. where the decision or order has been made by an officer subordinate to the Director General, to the Director General or to any officer superior to the Adjudicating Authority authorised by the Director General to hear the appeal, within a period of forty-five days from the date on which the decision or order is served on such person: Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period, allow such appeal to be preferred within a further period of thirty days: Provided further that in the case of an appeal against a decision or order imposing a penalty or redemption charges, no such appeal shall be entertained unless the amount of penalty or redemption charges has been deposited by the appellant; Provided also that, where the Appellate Authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion dispense with such deposit either unconditionally or subject to such conditions as it may impose.
    2. The Appellate Authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, make such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such directions as it may think fit, for a fresh adjudication or decision, as the case may, be after taking additional evidence if necessary: Provided that an order enhancing or imposing a penalty or redemption charges or confiscating goods of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and if he so desires of being heard in his defence.
    3. The order made in appeal by the Appellate Authority shall be final.

Revision.

  1. The Central Government in the case of any decision or order, not being a decision or order made in an appeal, made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding in which a decision or an order imposing a penalty or redemption charges or adjudicating confiscation has been made and against which no appeal has been preferred, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit: Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such
    1. has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and
    2. has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence.

Powers of Adjudicating an other Authorities.

  1.  
    1. Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have all the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:
      1. summoning and enforcing the attendance of witnesses;
      2. requiring the discovery and production of any document;
      3. requisitioning any public record or copy thereof from any court or office;
      4. receiving evidence on affidavits; and
      5. issuing commissions for the examination of witnesses or documents.
    2. Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
    3. Every authority making any adjudication or hearing any appeal or exercising any powers of revision under this Act shall have the power to make such orders of an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order.
    4. Clerical or arithmetical mistakes in any decision or order or errors arising therein from any accidental slip or omission may at any time be corrected by the authority by which the decision or order was made, either on its own motion or on the application of any of the parties:

      Provide that where any correction proposed to be made under this sub-section will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of two years from the date on which such decision or order was made.

CHAPTER-VI MISCELLANEOUS

Protection of action taken in good faith

  1. No order made or deemed to have been made under this Act shall be called in question in any court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any order made or deemed to have been made thereunder.

Power to make rules.

  1.  
    1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
    2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
      1. the manner in which and the conditions subject to which a special licence may be issued under sub-section (2) of section 8;
      2. the exceptions subject to which and the person or class of persons in respect of whom fees may be levied and the manner in which a license may be granted or renewed under sub-section (1) of section 9;
      3. the class or classes of goods for which a license may be granted under sub-section (2) of section-9;
      4. the form in which and the terms, conditions and restrictions subject to which license may be granted under sub-section (3) of section 9;
      5. the conditions subject to which a license may be suspended or cancelled under sub-section (4) of section 9;
      6. the premises, goods, documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under sub-section (1) of section 10;
      7. the class or classes of cases for which and the manner in which an amount by way of settlement, may be determined under sub- section (3) of section 11;
      8. the requirements and conditions subject to which goods and conveyances shall be liable to confiscation under sub-section (5) of section 11;
      9. the manner in which and the conditions subject to which goods and conveyances may be released on payment of redemption charges under sub-section (6) of section 11; and
      10. any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.
    3. Every rule and every Order made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each house of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or the Order or both Houses agree that the rule or the Order should not be made, the rule or the Order, as the case may be, shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or the Order.

Repeal and saving

  1.  
    1. The Imports and Exports (Control) Act, 1947 and the Foreign Trade (Development and Regulation) Ordinance, 1992 are hereby repealed.
    2. The repeal of the Imports and Exports (Control) Act, 1947 shall however, not affect -
      1. the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
      2. any right, privilege, obligation or liability acquired accrued or incurred under the Act so repealed; or
      3. any penalty, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or
      4. any proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed.

        Ord. 11 of 1992.
    3. Notwithstanding the repeal of the Foreign Trade (Development and Regulation) Ordinance, 1992, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

APPENDIX-39A
MINISTRY OF COMMERCE
(Director General of Foreign Trade)
ORDER
New Delhi the 31st December,1993

S.O. 1056(E)- in exercise of the powers conferred by section 3, read with section 4, of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and in supersession of the Imports (Control) Order, 1955 and the Exports (Control) Order, 1988, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following order, namely:

  1. Short title and commencement.
    1. This Order may be called the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993,
    2. It shall come into force on the date of its publication in the Official Gazette.
  2. Definitions.
    In this order, unless the context otherwise requires :
    1. "Act" means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);
    2. "Import Trade Regulations" means the Act and the rules and order made thereunder and the export and import policy;
    3. "Rules" means the Foreign Trade (Regulation) Rules, 1993;
    4. Words and expressions used in this Order and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
  3. Exemption from the application of rules.
    1. Nothing contained in the Rules shall apply to the import of any goods,
      1. by the Central Government or agencies, undertakings owned and controlled by the Central Government for Defence purposes;
      2. by the Central Government or any State Government Statutory Corporation, public body or Government Undertaking run as a joint Stock Company through the agency of the Purchase Organisations of the Ministry of Supply, that is India Supply Mission, London and India Supply Mission, Washington;
      3. by the Central Government, any State Government or any statutory corporation or public body or Government Undertaking run as a joint Stock Company, orders in respect of which are placed through the Directorate General, Supplies and Disposals, New Delhi;
      4. by transshipment or imported and bonded on arrival for re-export as ships stores to any country outside India except Nepal and Bhutan or imported and bonded on arrival for re-export as aforesaid but subsequently released for use of Diplomatic personnel, Consular Officers in India and the officials of the United Nations Organisation and its specialised agencies who are exempt from payment of duty under the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 3 dated 8th January, 1957 and the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947) respectively;
      5. imported and bonded on arrival for sale at approved duty-free shops, whether to outgoing or incoming passengers, against payments in free foreign exchange;
      6. which are in transit through India by post or otherwise, or are redirected by post or otherwise to a destination outside India, except Nepal and Bhutan provided that such goods while in India are always in the custody of the postal or customs authorities;
      7. for transmission across India by air to Afghanistan or by land, to any other country outside India, except Nepal and Bhutan under claim for exemption from duty or for refund of duty either in whole or in part:

        Provided that such goods are imported by or on behalf of the Government or a country bordering on India or that the importer undertakes to produce within a specified period evidence that such goods have crossed the borders of India or in default to pay such penalty as the proper officer of customs may deem fit to impose on such goods: provided further that nothing contained in this item will exempt any goods from the Import Trade Regulations;
      8. by the person as passenger baggage to the extent admissible under the Baggage Rules for the time being in force except quinine exceeding five hundred tablets or 1/3 lb powder or one hundred ampoules:

        Provided that in the case of imports by a tourist, articles of high value whose re-export is obligatory under rule 7 of the tourist Baggage Rules, 1978 shall be re-exported on his leaving India, failing which such goods shall be deemed to be goods of which the import has been prohibited under the Customs Act, 1962 (52 of 1962);

        Provided further that the import of gold in any form including ornaments (but excluding ornaments studded with stones or pearls) will be allowed as part of baggage by passengers of Indian origin or a passenger holding a valid passport issued under the passports Act, 1967 (15 of 1967) subject to the following conditions namely:
        1. that the passenger importing the gold is coming to India after a period of not less than six months of stay abroad;
        2. the quantity of gold imported shall not exceed 5 kilograms per passenger;
        3. import duty on gold shall be paid in convertible foreign currency; and
        4. there will be no restriction on sale of such imported gold.
      9. by any person through the post or otherwise for his personal use, or by any institution or hospital for its use except-
        1. vegetable seeds exceeding one lb. in weight;
        2. bees;
        3. tea;
        4. books, magazines, journals and literature which are not allowed to be imported under the policy for the time being in force;
        5. goods, the import of which is canalised under the Policy;
        6. alcoholic beverages;
        7. fire arms and ammunition;
        8. consumer electronic items (except hearing aids and life saving equipments, apparatus and appliances and parts thereof ) : Provided that the c.i.f value of goods imported as aforesaid at any one time shall not exceed rupees two thousand.
        1. by or on behalf of diplomatic personnel, consular officers and Trade Commissioners in India who are exempted from payment of Customs duty under Notification No. 3 dated the 8th January, 1957 of the Government of India in the Ministry of Finance (Department of Revenue);
        2. from any country, which are exempted from Customs duty on re- importation under section 20 of the Customs Act, 1962 (52 of 1962) or under Customs Notification Nos. 113 dated 16th May, 1957, 103 dated 25th March, 1958, 260 and 261 dated 11th October, 1958, 269,271,273,274,275, and 276 dated 25th October, 1958 and 204 dated 2nd August, 1976, of the Government of India, Ministry of Finance (Department of Revenue), or Notification No. 174 dated the 24th September, 1966 or Notification No. 103 dated the 16th May, 1978, of the Government of India, Ministry of Finance (Department of Revenue and Insurance) or Notification No. 80 dated 29th August, 1970;
        3. of Indian manufacture and foreign made parts of such goods, exported and received back by the manufacture from the consignee for repair and re-export: Provided that
          1. the customs authorities are satisfied that the goods received back by the said manufacturers are the same which were so exported; and
          2. in the case of goods other than those exempted from customs duty on re-importation under Customs Notification No. 132 dated 9th December, 1961 a bond is executed by the importer with the customs authority at the port concerned to the effect that the goods thus imported will be re-exported after repair within six months;
        4. by officials of the United Nations Organisation and its specialised agencies who are exempted from payment of Customs duty under the United Nations ( Privileges and Immunities) Act, 1947 (46 of 1947);
        5. by the Ford Foundation who are exempt from payment of Customs duty under an Agreement entered into between the Government of India and the Ford Foundation;
        6. being vehicles as defined in Article I of the Customs Convention on the Temporary Importation of Private Road Vehicles or the component parts thereof referred to in Article 4 of the said Convention and which are exempted from payment of customs duty under the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 296 dated the 2nd August, 1976: Provided that
          1. such vehicles or component parts are re-exported within the period specified in the said notification or within such further period as the customs authorities may allow;
          2. the provisions of the said notification or of the "triptyque or Carnel-De-Passage" permit are not contravened in relation to such vehicle or component parts;
            Provided further that nothing contained in this item shall prejudice the application to the said vehicles or component parts of any other prohibition or regulation affecting the import of goods that may be in force at the time of import of such goods;
        7. being goods imported temporarily for display or use in fairs, exhibitions or similar events specified in Schedule I to the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.157/90/CUSTOMS, dated the 28th March, 1990 against ATA carnets under the Customs Convention on the ATA Carnets for temporary admission of goods (ATA Convention) done at Brussels on the 30th July, 1963;
          Provided that
          1. such goods are exported within a period of six months from the date of clearance or such extended period as the Central Government may allow in each case; and
          2. the provisions of the said notification or of the ATA convention are not contravened:
            Provided further that nothing contained in this item shall prejudice the application to the said goods of any other prohibition or regulation affecting the import of goods that may be in force at the time of import of such goods;
        8. covered by an import license issued by His Majesty's Government of Nepal and the importer furnishes a bond to the proper officer of customs in the form prescribed by such officer with a Scheduled Bank as surety to the effect that he shall pay the duty and pay penalty imposed for contravening Import Trade Regulations in respect of the whole or any portion of the goods which is not proved to have entered the territory of Nepal;
        9. of Indian manufacture or by the central Government or any State Government for repair and re-export to Indian Embassies abroad or to any other office of the Central Government or State Government in a foreign country;
        10. being food grains, by Food Corporation of India: Provided that at the time of clearance, a declaration to the effect that the import in question has been approved by the Central Government, is furnished by the importer to the Customs authorities;
        11. being articles of food and edible material, which are supplied as free gift by the agencies approved by the United Nation Organisation and which are exempted from payment of customs duty under the Notification of Government of India in the Ministry of Finance (Department of Revenue) No. GSR 766 dated 21st June, 1975.
    1.  
      1. any goods exported by or under the authority of the Central Government;
      2. any goods other than food-stuffs constituting the stores or equipment of any outgoing vessel or conveyance;
      3. any goods constituting the bona fide personal baggage of any person, including a passenger or member of a crew in any vessel or conveyance, going out of India:

        Provided that the Wild Life (dead, alive or part thereof or produce there from) shall not be treated as part of such personal baggage;
      4. any goods exported by post or by air under the conditions specified in postal notice issued by the Postal Authorities;
      5. any goods transshipped at a port in India after having been manifested for such transshipment at the time of dispatch from a port outside India;
      6. any goods imported and bonded on arrival in India for re-export to any country outside India, except Nepal and Bhutan;
      7. any goods in transit through India by post or any goods re- directed by post to a destination outside India except Nepal and Bhutan;

        Provided that such goods while in India are always in the custody of the postal authorities;
      8. any goods imported without a valid import license and exported in accordance with an order for the export of such goods made by the proper officer of Customs;
      9. products approved for manufacture in and export from the respective free Trade Zones/Export Processing Zones and 100 per cent Export Oriented Units except textile item covered by bilateral agreements, exports to Rupee Payment countries under the Annual Trade Protocol and Exports against payment in Indian Rupees to former Rupee payment countries;

        Provided that conditions imposed in the latter of approval/letter of indent on Export Oriented Unit or Export Processing Zone will be binding on such a unit;
      10. export of Blood group Oh (Bombay Phonotype) meant for scientific research or emergency medical treatment as life saving measure on humanitarian grounds by the Director, National Blood Group Reference Laboratory, Bombay on the basis of a certificate issued by him to this effect in each case;
      11. export of samples of lubricating oil additives, Lube Oil, crude oil and other related petroleum products and raw materials used to manufacture Lube Additives by Lubrizols India Limited, Hindustan Petroleum Corporation Limited, and Bharat Petroleum Corporation Limited, from their installation in India to Lubrizol's Laboratories in the United States of America and the United Kingdom for evaluation and testing purposes.

[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY,
Director General of Foreign Trade and
Ex-Office Addl. Secy.
NOTIFICATION
New Delhi, the 31st December, 1993

S.O. 1057(E)- In exercise of the powers conferred by sub- section(1) of section 10 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central government hereby authorises the officers specified in the Table below to exercise powers with respect to entering such premises and searching, inspecting and seizing of such goods, documents, things and conveyances as are specified in rule 17 of the Foreign Trade (Regulation) Rules, 1993, subject to the requirements prescribed therein.

TABLE

S.No.

Designation of officer

  1.  

Director General of Foreign Trade

  1.  

Additional Director General of Foreign Trade

  1.  

Joint Director General of Foreign Trade

  1.  

Deputy Director General of Foreign Trade

  1.  

Assistant Director General of Foreign Trade

  1.  

Controller of Imports and Exports

[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade and  Ex-Office Addl. Secy.
NOTIFICATION
New Delhi, the 20th January, 1999

S.O.24(E, In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation)Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in the Ministry of Commerce No. S.O. 145(E), dated 24th February 1998 published in Gazette of India(Extraordinary) Part-ii, Section 3, Sub-section (ii) except as respects things done or omitted to be done before such supersession, the Central Government hereby authorises the officers specified in column 2 of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column 3 of the said Table, namely:

TABLE

Sl.No.

Designation of officer

Value of the goods in relation to which the power may be exercised.

  1.  

Additional Director General of foreign Trade

Without limit

  1.  

Zonal Jt. Director General of Foreign Trade

Upto Rs. 10 crores

  1.  

Joint Director General of Foreign Trade

Upto Rs. 5 crores

  1.  

Deputy Director General of Foreign Trade

Upto Rs. 1 crores

  1.  

Assistant Director General of Foreign Trade

Upto Rs. 10 lakhs

  1.  

Foreign Trade Development officer

Upto Rs.5 lakhs

[File No. 18/9/97/ECA-III]
N.L.Lakhanpal, Director General of Foreign Trade and
Ex-Offcio Addl. Secy.
NOTIFICATION
New Delhi,the 6th March, 2000

S.O.194(E).-- In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby authorises the officers specified in the column (2) of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column (3) of the said Table and makes the following amendments in the notification of the Government of India in the Ministry of Commerce (Director General of Foreign Trade)No.S.O.24(E), dated the 20th January, 1999, namely :-

In the said notification in the table, after serial number 6 and the entries relating thereto, the following serial number and the entries shall be inserted, namely :

(1)

(2)

(3)

“7

Development Commissioner, Special Economic Zones

Without limit in respect of Export Oriented Units And units in Special Economic Zones

[F.No. 18/9/97-98/ECA-III/I]
N.L. Lakhanpal,Director General of
Foreign Trade & Ex-Officio Addl.Secy

S.O. 1059(E), In exercise of the powers conferred by clause(b) of sub-section(1) of section 15 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby authorises the officers specified in column 3 of the Table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said Act and specified in column 2 of the said Table.

TABLE

S.No.

Designation of Adjudicating authority

Appellate authority

  1.  

Foreign Trade Development Officer

 

  1.  

Assistant Director General of Foreign Trade

Additional Director General of Foreign Trade

  1.  

Deputy Director General of Foreign Trade

 

  1.  

Joint Director General of Foreign Trade

 

  1.  

Additional Director General of Foreign Trade

Additional Secretary in the Ministry of Commerce
aided by two Joint Secretaries and a Director of that Ministry.

[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade and Ex-Offcio
Addl. Secy.
NOTIFICATION
New Delhi, the 6th March, 2000

S.O.193(E).- In exercise of the powers conferred by clause (b) of sub-section(1) of section 15 of the Foreign Trade (Development and regulation) Act,1992 (22 of 1992), the Central Government hereby authorises the officers specified in column (3) of the table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said Act and specified in column (2) of the said Table, and makes the following amendments in the notification of the Government of India in the Ministry of Commerce No.S.O.1059(E), dated the 31st December, 1993, namely :-

In the said notification in the table, after serial number 5 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:

(1)

(2)

(3)

"6"

Development Commissioner Special Economic Zone

Without limit in respect of export oriented units and units in Special Economic Zone

[F.No. 18/9/97-98/ECA-III/I]
N.L.Lakhanpal, Director General of
Foreign Trade & Ex-Officio Addl.Secretary.
ORDER
New Delhi, the 31st December, 1993

.O. 1060(E), In exercise of the powers conferred by sub-sections (2) and (4) of section 9 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Director General authorises the officers mentioned in the Table below to grant or renew or refuse to grant or renew or to suspend or to cancel a licence for the purposes of import or export of goods.

TABLE

S.NO.

The Designation of the Officers

The Territorial areas in respect of which the jurisdiction is to be exercised

  1.  

Additional Director General of Foreign Trade

Throughout India

  1.  

The Export Commissioner

Throughout India

  1.  

The Joint Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade, New Delhi.
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Deputy Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade, New Delhi
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Assistant Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade.
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Controller of Imports and Exports:

  1. In the Headquarters Office of the Director General of Foreign Trade.
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Development Commissioner/ Joint Development Commissioner/Deputy Development Commissioner/ Assistant Development Commissioner of a Special Economic Zones

Respective territorial jurisdiction of such authority.

File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade
ORDER
New Delhi, the 31st December, 1993

S.O. 1061(E), In exercise of the powers conferred by sections 7 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Director General authorises the officers mentioned in the Table below to grant importer-exporter Code number in accordance with the provisions of the aforesaid section.

TABLE

S.NO.

The Designation of the Officers

The Territorial areas in respect of which the jurisdiction is to be exercised

  1.  

Additional Director General of Foreign Trade

Throughout India

  1.  

The Export Commissioner

Throughout India

  1.  

The Joint Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade, New Delhi.
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Deputy Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade, New Delhi
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.

  1.  

The Assistant Director General of Foreign Trade:

  1. In the Headquarters Office of the Director General of Foreign Trade.
  2. In the Regional Licensing Authority



Throughout India

Respective territorial jurisdiction of such authority.