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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 | |||||
