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.
2.
In this Act, unless the context otherwise requires:-
(a) "Adjudicating Authority" means the authority specified
in, or under, section 13;
(b) "Appellate Authority" means the
authority specified in ,
or under, sub-section (1) of section 15;
(c) "conveyance" means any vehicle, vessel, aircraft or any
other means of transport including any animal;
(d) "Director General" means the
Director General of Foreign
Trade appointed under section 6;
(e) "import" and "export" means respectively bringing
into,
or taking out of, India any goods by land. sea
or air;
(f) "Importer-exporter Code Number"
means the Code Number
granted under section 7;
(g) "licence" means a licence to
import or
export and
includes a customs clearance permit and any other
permission issued or granted under this Act;
(h) "Order" means any order made by the Central Government
under section 3; and
(i) "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.
3. (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
exeptions, 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
4. 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.
5. 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.
6. (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.
7. 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.
8. (1) Where :-
(a) 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
(b) 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 licence, granted, in such manner
and subject to such conditions
as may
be
prescribed, by the Director
General to
that
person.
Issue, suspension and
concellation of licence.
9.
(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 licence
or in respect of any
licence 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
licence 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 licence
granted or renewed under this section shall -
(a) be in such form as may be prescribed;
(b) be valid for such period as may
be specified therein;
and
(c) be subject to such terms,
conditions and restrictions
as may
be prescribed or as specified in the licence
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 licence 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 cancelling, a
licence 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
10. (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.
11. (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.
12. 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
13. 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
Gazettte,
authorise in this behalf.
Giving of opportunity to
the owner of the goods, etc.
14. 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 -
(a) informing him
of the grounds on which it is proposed to
impose a penalty or to confiscate such goods or
conveyance;and
(b) 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
15. (1)
Any person aggrieved by any decision or order made by the
Appeal. Adjudicating Authority under
this Act may prefer
an appeal:-
(a) where the decision
or order has been made by the
Director General, to the Central Government,
(b)
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.
16. 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
(a) 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
(b) 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.
17. (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:-
(a) summoning and enforcing the
attendance of witnesses;
(b) requiring the discovery and production
of any
document;
(c) requisitioning any public
record or copy thereof
from any court or office;
(d) receiving evidence on affidavits; and
(e) 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
18. 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.
19. (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:-
(a) the manner in which and the conditions subject to
which a
special licence may be issued under
sub-section (2) of section 8;
(b)
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
licence may be
granted or renewed under
sub-section
(1) of
section 9;
(c) the class or classes of goods for which a licence
may be granted under sub-section (2) of section-9;
(d) the form in which and the terms,
conditions and
restrictions subject to which
licence may
be
granted under sub-section (3) of section 9;
(e) the conditions subject to which a
licence may be
suspended or cancelled under
sub-section (4) of
section 9;
(f) 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;
(g) 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;
(h) the requirements and conditions
subject to which
goods and conveyances shall be liable to
confiscation under sub-section (5) of section 11;
(i) 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
(j) 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
20. (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 -
(a) the previous operation of the Act so repealed
or anything duly done or suffered
thereunder;
or
(b) any
right, privilege, obligation or liability
acquired accrued or incurred under the
Act so
repealed; or
(c) any penalty,
confiscation or punishment
incurred
in respect of any contravention under
the Act so repealed; or
(d) 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:-
(a) "Act"
means the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992);
(b) "Import Trade Regulations" means the Act and
the rules and order made thereunder and the
export and import policy;
(c) "Rules" means the Foreign Trade (Regulation)
Rules, 1993;
(d) 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,
(a) by the Central Government
or agencies,
undertakings owned and controlled by the
Central Government for Defence purposes;
(b) 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;
(c) 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;
(d) 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;
(e) imported and bonded
on arrival for sale at
approved duty-free shops, whether to
outgoing
or incoming passengers, against payments in
free foreign exchange;
(f) 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;
(g) 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;
(h) 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 reexport
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:-
(a) that the passenger importing the gold
is coming to India after a period of
not less than six months of stay
abroad;
(b) the quantity of
gold imported shall
not
exceed 5 kilograms per passenger;
(c) import duty on gold shall be paid in
convertible foreign currency; and
(d) there will be no restriction on sale
of such imported gold.
(i) by any person
through the post or otherwise
for his personal use, or by any institution or
hospital for its use except-
(a) vegetable seeds exceeding one lb. in
weight;
(b) bees;
(c) tea;
(d) books, magazines,
journals and
literature which are not allowed to be
imported under the policy for the time
being in force;
(e) goods, the
import of which
is
canalised under the Policy;
(f) alcoholic
beverages;
(g) fire arms and ammunition;
(h) 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.
(j) 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);
(k) 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;
(l) 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
(i) the customs authorities are satisfied
that the goods received back by the
said manufacturers are the same which
were so exported; and
(ii) 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;
(m) 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);
(n) 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;
(o) 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
(i) such vehicles or component parts are
reexported within the period specified
in the
said notification or within
such further period as the customs
authorities may allow;
(ii) 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;
(p) 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
(i) 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
(ii) 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;
(q) covered by an
import licence 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;
(r) 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;
(s) 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;
(t) 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.
(2) Nothing contained in the Rules
shall apply to -
(a) any goods exported by or under the authority
of the Central Government;
(b) any goods other than food-stuffs constituting
the stores or equipment of any outgoing vessel
or conveyance;
(c) 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 therefrom)
shall not
be treated as part of such personal baggage;
(d) any goods
exported by post or by air under the
conditions specified in postal notice issued
by
the Postal Authorities;
(e) any goods
transhipped at a port in India after
having been manifested for such transhipment
at the
time of despatch from a port outside
India;
(f) any goods imported
and bonded on arrival in
India for re-export to any
country outside
India, except Nepal and Bhutan;
(g) 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;
(h) any goods imported without a valid import
licence and exported in accordance with an
order for the export of such goods made by the
proper officer of Customs;
(i) |
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; |
(j) 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;
(k) 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.
DR. P. L. SANJEEV REDDY,
Director General of Foreign Trade and
Ex-Offcio 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
2.
Additional Director General of Foreign Trade
3.
Joint Director General of Foreign Trade
4.
Deputy
Director General of Foreign Trade
5.
Assistant Director General of Foreign Trade
6.
Controller of Imports and Exports
_____________________________________________________________________
[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 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 |
2. | Zonal Jt. Director General of Foreign Trade | Upto Rs. 10 crores |
3. | Joint Director General of Foreign Trade |
Upto Rs. 5 crores |
4. | Deputy Director General of Foreign Trade |
Upto Rs. 1 crores |
5. | Assistant Director General of Foreign Trade | Upto Rs. 10 lakhs |
6. | 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, Without
limit in respect
Special Economic Zones
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
NOTIFICATION
New Delhi, the 31st December,1993
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
_____________________________________________________________________
|
2. Assistant Director
General of
|
Foreign Trade
| Additional Director General of
| Foreign
Trade
3. Deputy Director General of
|
Foreign
Trade
|
4. Joint
Director General of
|
Foreign
Trade
___|
[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 |
|
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.Secretary.
ORDER
New Delhi, the 31st December, 1993
S.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 juris-
diction is to be exercised
_____________________________________________________________________
1. Additional Director General of
Throughout India
Foreign Trade
2. The Export Commissioner
Throughout India
3. The Joint Director General of
Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign
Trade, New Delhi.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
4. The Deputy Director General of
Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign
Trade, New Delhi
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
5. The Assistant Director General
of Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign
Trade.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
6. The Controller of Imports and
Exports:
(a) In the
Headquarters Office
Throughout India
of
the Director General
of
Foreign Trade.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
7. The Development Commissioner/
Respective territorial
Joint Development
Commissioner/
jurisdiction of such
Deputy
Development Commissioner/
authority.
Assistant
Development Commissioner
of a Special
Economic Zones
______________________________________________________________________
[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
Throughout India
Foreign Trade
2.
The Export Commissioner
Throughout India
3.
The Joint Director General of
Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign
Trade, New Delhi.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
4.
The Deputy Director General of
Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of the Director
General of
Foreign Trade, New
Delhi.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
5. The Assistant Director General
of Foreign Trade:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign Trade.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority
6.
The Controller of Imports and
Exports:
(a) In the
Headquarters Office
Throughout India
of
the Director General of
Foreign
Trade.
(b) In the Regional
Licensing
Respective territorial
Authority
jurisdiction of such
authority.
7. The Development Commissioner/
Respective territorial
Joint Development Commissioner/
jurisdiction of such
Deputy Development Commissioner/
authority.
Assistant Development Commissioner
of a Free Trade Zone or an Export
Processing Zone.
______________________________________________________________________
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of
Foreign Trade.
APPENDIX - 39B
------------------------------
MINISTRY OF COMMERCE
(Directorate General of Foreign Trade)
NOTIFICATION
New Delhi, the 30th December, 1993
G.S.R. 791(E)- In exercise of the powers conferred
by section 19 of
the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992),
the Central Government
hereby makes the following rules, namely. -
1. Short title and commencement,-
(1)
These rules may be
called the Foreign Trade (Regulation)
Rules,
1993.
(2)
They shall come into force on
the date of their publication
in the
Official Gazette.
2. Definitions-
In these rules unless the context
otherwise requires , -
(a)
"Act" means the Foreign Trade (Development and Regulation)
Act,
1992 (22 of 1992);
(b)
"charitable purpose"
includes relief of the poor, education,
medical relief, and
the advancement of any other object of
general
public utility;
(c)
"importer" or "exporter" means a
person who
imports or
exports
goods and holds a valid Importer-exporter Code Number
granted
under section 7;
(d)
"licensing authority" means an authority authorised by the
Director General under sub-section (2) of section 9 to
grant
or renew
a licence under these rules;
(e)
"Policy" means the export and import Policy formulated and
announced
by the Central Government under section 5;
(f)
"schedule" means a Schedule appended to these rules;
(g)
"section" means a section of the Act;
(h)
"special licence" means a licence granted under sub-section
(2) of
section 8;
(i)
"value" has the meaning
assigned to it in clause (41) of
section
2 of the Customs Act, 1962 (52 of 1962);
(j)
words and expression used in
these rules and not defined but
defined in the Act shall have
the meanings respectively
assigned
to them in the Act.
3. Grant of special licence-
(1)
Where the Importer-exporter Code Number granted to any person
has been suspended or cancelled under sub-section (1) of
section 8, the
Director General may, having regard to the
following
factors, grant to him a special licence, namely:-
(1) that the denial of a special licence is likely to
affect
the foreign trade of India adversely; or
(2) that the suspension or cancellation of the Importer-
exporter Code Number
is likely to
lead to
non-fulfillment of any obligation by India under any
international agreement;
(2)
The special licence granted to
any person under sub-rule (1)
shall be
non-transferable.
4. Application for grant of licence-
A
person may make an application
for the grant of a licence to
import
or export goods in accordance
with the provisions of the
Policy or an Order made under section
3.
5. Fee-
(1)
Every application for a licence
to import shall be
accompanied
by the fee specified in the Schedule.
(2)
The mode of deposit
of fee shall be as specified in the
Schedule.
(3)
No fee shall be payable in respect of any application made
by:
(a) the Central Government, a State Government or any
department or any office of the Government;
(b) any local authority for the bona-fide import of goods
required by it for official use;
(c) any institution set up for educational, charitable or
missionary purpose, for the import of goods required for
its use;
(d) an applicant
for the import of any goods (other than a
vehicle) if the import of the goods is for his personal
use which is not connected with trade or manufacture.
(4)
The fee once received
will not be refunded except in the
following
circumstances, namely:-
(i) where the fee has been deposited in
excess of the
specified scale of fee; or
(ii)
where the fee has been deposited but no
application has
been made; or
(iii) where the fee has been deposited in error but the
applicant is exempt from payment of fee.
6. Conditions of licence-
(1)
It shall be deemed to be a condition of every licence for
export
that:-
(i)
no person shall transfer or
acquire by transfer any licence
issued by the licensing authority except in accordance with
the
provisions of the Policy;
(ii) the goods for the export of which the licence is granted
shall be the property of the licensee at the time of the
export.
(2)
The licensing authority may issue a licence for import
subject
to one or more of the following conditions, namely:-
(a) that the goods covered
by the licence shall not be
disposed of except in accordance with the provisions of
the Policy or in the manner specified
by the licensing
authority in the licence;
(b) that the applicant for a licence shall execute a bond
for complying with the terms and
conditions of the
licence.
(3)
It shall be deemed to be a condition of every licence for
import
that :-
(a) no person shall transfer
or acquire by transfer any
licence issued by the
licensing authority except in
accordance with the provisions of the Policy;
(b) the goods
for the import of which a licence is granted
shall be the property of the licensee at the time of
import and upto the time of clearance through customs;
(c) the goods
for the import of which a licence is granted
shall be new goods,
unless otherwise stated in the
licence;
(d) the goods covered by the licence for import shall
not be
exported without the written
permission of the Director
General.
(4)
Any person importing goods from
the United States of America
in accordance with
the terms of the Indo-US Memorandum of
Understanding on Technology Transfer shall also comply with
all the conditions
and assurances specified in the Import
Certificate issued in terms of such Memorandum, and such
other
assurances given by the person importing those goods to
the Government of
the United States of America through the
Government
of India.
7. Refusal of licence-
(1)
The Director General or
the licensing authority may for
reasons
to be recorded in writing, refuse to grant or renew a
licence
(a) the applicant has contravened any law relating to
customs or foreign exchange;
(b) the application
for the licence does not substantially
conform to any provision of these rules;
(c) the application
or any document used in support thereof
contains any false or fraudulent
or misleading
statement;
(d) it has been decided by the Central Government to
canalise the export or import of goods
and distribution
thereof, as the case may be, through special or
specialised agencies;
(e) any action
against the applicant is for the time being
pending under the Act or rules and Orders made
thereunder;
(f) the applicant is or was a managing partner in a
partnership firm, or is or was a Director of a private
limited company, having controlling
interest against
which any action is for the time being pending under the
Act or rules and Orders made thereunder;
(g) the applicant fails to pay any penalty imposed on him
under the Act;
(h) the applicant has tampered with a licence;
(i) the applicant
or any agent or employee of the applicant
with his consent has
been a party to any corrupt or
fraudulent practice for the purposes of obtaining any
other licence;
(j) the applicant is not eligible
for a licence
in
accordance with any provision of the Policy;
(k) the applicant
fails to produce any document called for
by the Director General or the licensing authority;
(l) in the case of a licence for import, no foreign
exchange
is available for the purpose;
(m) the application has been signed by a person other
than a
person duly authorised by the applicant under the
provisions of the Policy;
(n) the applicant has attempted to obtain or has obtained
cash compensatory support,
duty drawback, cash
assistance benefits allowed to
Registered Exporters or
any other similar benefits from the
Central Government
or any
agency authorised by the Central Government in
relation to exports made
by him on the basis of any
false, fraudulent or misleading statement
or any
document which is false or fabricated or tampered with.
(2)
The refusal of a licence under
sub-rule(1) shall be without
prejudice to any
other action that may be taken against an
applicant
by the licensing authority under the Act.
8. Amendment of licence
The licensing authority may of its own
motion or on an application
by
the licensee, amend any
licence in such manner as may be
necessary or to rectify any error or
omission in the licence.
9. Suspension of a licence
(1)
The Director General or the
licensing authority may by order
in
writing, suspend the operation of a licence granted to -
(a) any person, if an
order of detention has been made
against such person under the provisions of the
Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974 (52 or 1974); or
(b) a partnership
firm or a private limited company, if the
person referred to in clause (a) is a partner or a whole
time director or managing director,
as the case may be,
of such firm or company;
Provided that the order of
suspension shall cease to have effect
in respect of the
aforesaid person or, as the case may be, the partnership
firm or company, when the order of detention made
against such
(i) being an
order of detention to which the provisions of
section 9 of the Conservation of Foreign Exchange and
Prevention of Smuggling Activities
Act, 1974 (52
of
1974) do not apply, has been revoked on the report of
Advisory Board under section 8 of that Act or before
receipt of the report of the Advisory Board or before
making a reference to the Advisory Board; or
(ii) being an
order of detention to which the provisions of
section 9 of the Conservation of Foreign Exchange and
Prevention of Smuggling Activities
Act, 1974 (52
of
1974) apply, has been
revoked on the report of the
Advisory Board under section 8 read with sub-section (2)
of section 9 of
that Act or before receipt of such
report;
(iii)has
been set aside by a court of competent jurisdiction.
(2)
The Director General or the licensing authority may by an
order in
writing suspend the operation of any licence granted
under
these rules, where proceedings for cancellation of such
licence
has been initiated under Rule 10.
10. Cancellation of a licence-
The Director General or the licensing
authority may by an order in
writing cancel any licence granted
under these rules
(a)
the licence has been obtained
by fraud, suppression of facts
or
misrepresentation; or
(b)
the licensee has committed a
breach of any of the conditions
of the
licence; or
(c)
the licensee has tampered with the licence in any manner; or
(d)
the licensee has contravened
any law relating to customs or
foreign exchange or the rules and regulations relating
thereto.
11. Declaration as to value and quality of imported
goods-
On the importation into, or
exportation out of, any customs ports
of any goods,
whether liable to duty or not, the owner of such
goods shall in the Bill of Entry or the Shipping Bill or any
other documents prescribed under the Customs Act 1962,
state the
value, quality and description of such goods to the best
of his
knowledge and belief and in case
of exportation of goods, certify
that the quality and specification of the goods as stated in
those documents, are in accordance with the terms of the export
contract entered into with the
buyer or consignee in pursuance of
which the goods are being exported and shall subscribe a
declaration of the
truth of such statement at the foot of such
Bill of Entry or Shipping Bill
or any other documents.
12. Declaration as to
Importer-exporter Code Number
On
the importation into or exportation out of any Customs port of
any
goods the importer or exporter shall in the Bill of Entry of
Shipping Bill or, as the case may be, in any other documents
prescribed by rules
made under the Act or the Customs Act, 1962
(52
of 1962), state the Importer-exporter Code Number allotted to
him by the competent authority.
13. Utilisation of imported
goods
(1)
No person shall use any imported goods allotted to him by the
State Trading Corporation of India
or any other agency
recognised by the Central Government in a manner and for the
purpose,
otherwise than as declared by him in his application
for such allotment
or in any document submitted by him in
support
of such application.
(2)
No person shall dispose of any
goods imported by him against
a
licence except in accordance with the terms and conditions
of such
licence.
14. Prohibition regarding
making, signing of any declaration,
statement or
(1)
No person shall make, sign or
use or cause to be made signed
or used any declaration,
statement or document for the
purposes of obtaining a licence
or importing
any goods
knowing or having
reason to believe that such declaration,
statement
or document is false in any material particular.
(2)
No person shall employ any corrupt or fraudulent practice for
the purposes of obtaining any licence or importing or
exporting
any goods.
15. Power to enter premises and inspect, search and seize goods,
documents, things and
(1)
Any person authorised by the Central Government under
sub-section (1) of section 10 (hereinafter
called the
authorised person) may, at any reasonable time enter any
premises
in which-
(i) any imported goods or
materials which are liable to
confiscation under the provision of the Act; or
(ii) any books of accounts or documents or things which, in
his opinion, will be
useful for, or relevant to any
proceedings under the Act, are suspected to have been
kept or concealed and may inspect such goods, materials,
books or accounts, documents or things and may take such
notes or extracts therefrom as he may think fit.
(2)
If the authorised person has reasons to believe that-
(i) any imported
goods or materials liable to confiscation
under the Act; or
(ii) any books of accounts or documents or things which, in
his opinion, will be useful for, or relevant to, any
proceedings under the Act,
such premises for such goods, materials, books of accounts,
documents or things.
(3)
(a) If the authorised person has reason to believe that
any
imported goods or materials are liable
to confiscation
under the Act, he
may seize such goods or materials
together with the package, covering or receptacle, if
any, in which such goods or materials
are found to have
been mixed with any other goods or materials;
Provided that where it is not
practicable to seize any
such goods or materials, the authorised person may serve
on the owner of the goods or
materials an order that he
shall not remove, part with or
otherwise deal with the
goods or materials except with the
previous permission
of the authorised person.
(b) Where any goods or materials are seized under
clause (a)
and no
notice in respect thereof is given within six
months of the seizure of the goods or materials, the
goods or materials shall be returned
to the person from
whose possession they were seized.
Provided that the aforesaid period of six months may, on
sufficient cause being shown, be extended by the
Director General for a further period
not exceeding six
months.
(c) The authorised person may seize any books of
accounts or
documents or things which in his opinion, will be useful
for, or relevant to, any proceedings under the Act.
(d) The person
from whose custody any documents are seized
under this sub-rule, shall be entitled to make copies
thereof or take extracts therefrom in the presence of
the authorised person.
(e) In any
person legally entitled to the books of account
or other documents or things seized
under this sub-rule
objects, for any reason, the retention by the authorised
person of the books
of account or the documents or
things, he may move an application
to the
Central
Government stating
therein the reasons
for such
objection, request for the return of the books of
account or documents or things.
(f) On receipt of the
application under clause (e), the
Central Government may, after giving the applicant an
opportunity of being heard, pass such order as it may
think fit.
(g) Where any document is
produced or furnished by any
person or has been seized from the custody or control of
any person under the Act or has been
received from any
place outside India in the course of
the investigation
for any contravention referred to in
section 11 by any
person and such document is tendered in evidence against
the person by whom it is produced or from whom it was
seized or against such person or any other person who is
jointly proceeded against, the
Adjudicating Authority,
shall, notwithstanding anything to the
countrary
contained in any other law for the time being in
(i) presume, unless the contrary is proved, that the
signature and every
other part of such document
which purports to be in the handwriting of any
particular person of which the Adjudicating
Authority may reasonably assume to have been
signed by or to
be in the handwriting of any
particular person, is
under the person's
handwriting, and in the case of a document
executed or attested, it was executed
or attested
by the person by whom it purports to
have been so
executed or attested;
(ii) admit the document
in evidence
notwithstanding
that it is not duly stamped, if such
document is
otherwise admissible in evidence.
(4)
The authorised person, may, if
he has reason to suspect that
any conveyance or animal is being or is about to be
used for
the transportation
of any imported goods or material which
are liable to
confiscation under the Act, and that by such
transportation any provision of the Act has been , is being
or is about to be contravened at
any time, stop such
conveyance or animal or in the case of aircraft compel it to
land,
and
(a) rummage and search the conveyance any part
thereof;
(b) examine and search any goods or material in the
conveyance or on the animal;
(c) if it becomes necessary to stop any conveyance or
animal, he may use all lawful means
for stopping it and
where such means fail, the conveyance
or animal may be
fired upon.
and where he
is satisfied that it is necessary so to do to
prevent the contravention of any provision of the Act or of
the rules and orders made
thereunder or
the Policy or
condition
of any licence, he may seize
such conveyance or
animal.
Explanation- Any reference in this rule
to a conveyance
shall,
unless the context otherwise requires, be construed as
including
a reference to an aircraft, vehicle or vessel.
16. Settlement-
(1)
The Adjudicating Authority may determine the amount of
settlement
to be paid by the person to whom a notice has been
issued and who has opted for settlement and has admitted
the
contravention specified in the notice, in the following
cases,
namely:-
(i) where it is of the opinion that the contravention
of any
provision of the Act or these rules or the Policy has
been made without mensrea or without
wilful mistake or
without suppression of facts, or
without any collusion,
or without fraud and forgery, or without an intent to
cause loss of foreign exchange; or
(ii)
where the
person importing the goods has not met the
requirements of the actual user
conditions as specified
in the Policy and has not misutilised
the said imported
goods; or
(iii)where
the person importing the goods has not
fulfilled
the export obligation and has not
mis-utilised the said
imported goods.
(2)
Where a person has opted for settlement under sub-rule (1)
the settlement made
by the Adjudicating Authority shall be
final.
17. Confiscation and
redemption-
(1)
any imported goods or materials in respect of which
(a) any condition of the licence, or letter of authority
under which they were imported, relating to their
utilisation or distribution ; or
(b) any condition, relating to their utilisation or
distribution, subject to which they
were received from
or
through, an agency
recognised by the Central
Government; or
(c) any condition imposed under the Policy with regard to
the sale or disposal of such goods or materials;
has been, is being, or is attempted
to be, contravened,
shall together with any package,
covering or receptacle
in which such goods are found, be liable to be
confiscated by the Adjudicating Authority, and where
such goods or materials are so mixed with any other
goods or materials that they cannot be readily
separated, such other goods or
materials shall also be
liable to be so confiscated:
Provided that where
it is
established to the
satisfaction of the Adjudicating
Authority that
any
goods or materials which
are liable to confiscation
under this rule, had been imported for personal use, and
not for any trade or industry, such
goods, or materials
shall not be ordered to be confiscated.
(2)
The Adjudicating Authority may
permit the redemption of the
confiscated goods or
materials upon payment of redemption
charges equivalent to the market value of
such goods or
materials.
18. Confiscation of
conveyance-
(1)
Any conveyance or animal
which has been, is being, or is
attempted to be used, for the transport of any goods or
materials that are imported and which are liable
to
confiscation
under rule 17, shall be liable to be confiscated
by the Adjudicating Authority unless the owner of the
conveyance or animal proves that it was, is being, or is
about to be
so used without the knowledge or connivance of
the owner himself, his agent, if any, and the person
in-charge of the conveyance or animal and that each of them
had
taken all reasonable precautions against such use.
(2)
The Adjudicating Authority shall permit redemption of the
confiscated conveyance or
animal used for the transport of
goods or passengers for hire upon
payment of redemption
charges equivalent to the market value of such conveyance
or
animal.
[File No. 21/11/92-LS]
Dr. P.L. SANJEEV REDDY.
Director General
Foreign Trade and Ex-Officio Addl. Secy.
SCHEDULE
(See rule 5)
The following fee shall be leviable in respect of the
application for
an import licence etc.
SCALE OF FEE
______________________________________________________________________
Sl.No. Particulars
Amount of Fee
____________________________________________________________________
1
2
3
_____________________________________________________________________
1.
Where the value of goods
Rupees two hundred
specified in application
does not
exceed Rupees
fifty
thousand.
2.
Where the value of the
Rupees two per thousand or
goods specified
in the
part thereof subject to a
application exceeds Rupees
minimum of rupees
two
fifty thousand
but does not
hundred.
exceed Rupees
one crore.
3.
Where the value of the
Rupees two per thousand or
goods specified
in the
part thereof subject to a
application exceeds rupees
maximum of Rs. one lakh
one crore
and fifty thousand
4.
Application for grant of
Rupees two hundred
duplicate
licence
5.
In case where
import
Rupees two hundred
licence and other
correspondence
are required
by Speed Post.
6.
Application for issue of an
Rupees two hundred
Identity Card.
7.
Application for issue of
Rupees one hundred
duplicate Identity Card in
the event of loss
of
original Card.
8.
Extension of the
period of
Rupees two hundred
shipment of
an Import
licence
Application for
grant
Rupees one thousand per
split-up
licences
Split up licence
Note- The amount of fee
payable shall be rupees two hundred in respect
of an application for
import licence by a small scale actual user or a
registered exporter, for the import of raw materials,
components and
spares where the value of the goods specified in the
application does
not exceed rupees two
lakhs.