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APPENDIX -
39
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THE
FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 No.22
OF 1992
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
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;
(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. _____________________________________________________________________
[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
[F.No. 18/9/97-98/ECA-III/I]
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 _____________________________________________________________________ Foreign Trade 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:-
______________________________________________________________________________________________
[F.No. 18/9/97-98/ECA-III/I]
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,
(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.
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