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
-
- This Act may be
called the Foreign Trade (Development and Regulation) Act, 1992.
- 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.
- In this Act, unless the
context otherwise requires:
- "Adjudicating
Authority" means the authority specified in, or under, section 13;
- "Appellate
Authority" means the authority specified in , or under, sub-section
(1) of section 15;
- "conveyance"
means any vehicle, vessel, aircraft or any other means of transport
including any animal;
- "Director
General" means the Director General of Foreign Trade appointed under
section 6;
- "import"
and "export" means respectively bringing into, or taking out
of, India any goods by land. sea or air;
- "Importer-exporter
Code Number" means the Code Number granted under section 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;
- "Order"
means any order made by the Central Government under section 3; and
- "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.
-
- 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.
- 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.
- 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
- 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.
- 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.
-
- The Central
Government may appoint any person to be the Director General of Foreign
Trade for the purposes of this Act.
- 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.
- 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.
- 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.
-
- Where :
- 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
- 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.
- 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.
-
- 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.
- 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.
- A license granted or
renewed under this section shall -
- be in such form as
may be prescribed;
- be valid for such
period as may be specified therein; and
- 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.
- 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.
- 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
-
- 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.
- 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.
-
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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 -
- informing him of the
grounds on which it is proposed to impose a penalty or to confiscate such
goods or conveyance ; and
- 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
-
- Any person aggrieved
by any decision or order made by the Appeal. Adjudicating Authority under
this Act may prefer an appeal:
- where the decision
or order has been made by the Director General, to the Central
Government,
- 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.
- 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.
- The order made in
appeal by the Appellate Authority shall be final.
Revision.
- 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
- 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
- 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.
-
- 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:
- summoning and
enforcing the attendance of witnesses;
- requiring the
discovery and production of any document;
- requisitioning any
public record or copy thereof from any court or office;
- receiving evidence
on affidavits; and
- issuing commissions
for the examination of witnesses or documents.
- 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.
- 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.
- 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
- 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.
-
- The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Act.
- 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:
- the manner in which
and the conditions subject to which a special licence may be issued
under sub-section (2) of section 8;
- 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;
- the class or classes
of goods for which a license may be granted under sub-section (2) of
section-9;
- the form in which
and the terms, conditions and restrictions subject to which license may
be granted under sub-section (3) of section 9;
- the conditions
subject to which a license may be suspended or cancelled under
sub-section (4) of section 9;
- 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;
- 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;
- the requirements and
conditions subject to which goods and conveyances shall be liable to
confiscation under sub-section (5) of section 11;
- 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
- 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.
- 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
-
- The Imports and
Exports (Control) Act, 1947 and the Foreign Trade (Development and
Regulation) Ordinance, 1992 are hereby repealed.
- The repeal of the
Imports and Exports (Control) Act, 1947 shall however, not affect -
- the previous
operation of the Act so repealed or anything duly done or suffered
thereunder; or
- any right,
privilege, obligation or liability acquired accrued or incurred under
the Act so repealed; or
- any penalty,
confiscation or punishment incurred in respect of any contravention
under the Act so repealed; or
- 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.
- 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:
- Short title and
commencement.
- This Order may be
called the Foreign Trade (Exemption from application of Rules in certain
cases) Order, 1993,
- It shall come into
force on the date of its publication in the Official Gazette.
- Definitions.
In this order, unless the context otherwise requires :
- "Act"
means the Foreign Trade (Development and Regulation) Act, 1992 (22 of
1992);
- "Import Trade
Regulations" means the Act and the rules and order made thereunder
and the export and import policy;
- "Rules"
means the Foreign Trade (Regulation) Rules, 1993;
- 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.
- Exemption from the
application of rules.
- Nothing contained in
the Rules shall apply to the import of any goods,
- by the Central
Government or agencies, undertakings owned and controlled by the Central
Government for Defence purposes;
- 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;
- 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;
- 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;
- imported and bonded
on arrival for sale at approved duty-free shops, whether to outgoing or
incoming passengers, against payments in free foreign exchange;
- 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;
- 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;
- 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:
- that the passenger
importing the gold is coming to India after a period of not less than
six months of stay abroad;
- the quantity of
gold imported shall not exceed 5 kilograms per passenger;
- import duty on
gold shall be paid in convertible foreign currency; and
- there will be no
restriction on sale of such imported gold.
- by any person
through the post or otherwise for his personal use, or by any
institution or hospital for its use except-
- vegetable seeds
exceeding one lb. in weight;
- bees;
- tea;
- books, magazines,
journals and literature which are not allowed to be imported under the
policy for the time being in force;
- goods, the import
of which is canalised under the Policy;
- alcoholic
beverages;
- fire arms and
ammunition;
- 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.
- 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);
- 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;
- 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
- the customs
authorities are satisfied that the goods received back by the said
manufacturers are the same which were so exported; and
- 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;
- 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);
- 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;
- 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
- 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;
- 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;
- 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
- 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
- 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;
- 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;
- 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;
- 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;
- 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.
-
- any goods exported
by or under the authority of the Central Government;
- any goods other
than food-stuffs constituting the stores or equipment of any outgoing
vessel or conveyance;
- 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;
- any goods exported
by post or by air under the conditions specified in postal notice issued
by the Postal Authorities;
- 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;
- any goods imported
and bonded on arrival in India for re-export to any country outside
India, except Nepal and Bhutan;
- 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;
- 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;
- 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;
- 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;
- 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
|
-
|
Director General of Foreign Trade
|
-
|
Additional Director General of Foreign Trade
|
-
|
Joint Director General of Foreign Trade
|
-
|
Deputy Director General of Foreign Trade
|
-
|
Assistant Director General of Foreign Trade
|
-
|
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.
|
-
|
Additional Director General of foreign Trade
|
Without limit
|
-
|
Zonal Jt. Director General of Foreign Trade
|
Upto Rs. 10 crores
|
-
|
Joint Director General of Foreign Trade
|
Upto Rs. 5 crores
|
-
|
Deputy Director General of Foreign Trade
|
Upto Rs. 1 crores
|
-
|
Assistant Director General of Foreign Trade
|
Upto Rs. 10 lakhs
|
-
|
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
|
-
|
Foreign Trade Development Officer
|
|
-
|
Assistant Director General of Foreign Trade
|
Additional Director General of Foreign Trade
|
-
|
Deputy Director General of Foreign Trade
|
|
-
|
Joint Director General of Foreign Trade
|
|
-
|
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
|
-
|
Additional Director General of Foreign Trade
|
Throughout India
|
-
|
The Export Commissioner
|
Throughout India
|
-
|
The Joint Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade, New Delhi.
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
The Deputy Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade, New Delhi
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
The Assistant Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade.
- In the Regional Licensing
Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
The Controller of Imports and Exports:
- In the Headquarters
Office of the Director General of Foreign Trade.
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
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
|
-
|
Additional Director General of Foreign Trade
|
Throughout India
|
-
|
The Export Commissioner
|
Throughout India
|
-
|
The Joint Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade, New Delhi.
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
The Deputy Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade, New Delhi
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
-
|
The Assistant Director General of Foreign Trade:
- In the Headquarters
Office of the Director General of Foreign Trade.
- In the Regional
Licensing Authority
|
Throughout India
Respective territorial jurisdiction of such authority.
|
|