The Foreign Trade (Development and Regulation) Act, 1992

Foreign Trade (Exemption from Application of Rules in Certain Cases) Order, 1993

The Foreign Trade (Development and Regulation) Act, 1992

Official text

MINISTRY OF COMMERCE

(Director General ot Foreign Trade)

ORDER

New Delhi, the 31st December, 1993

S.O. 1056(E).—In exercise of the powers con

ferred 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 re

quires :—

(a) "Act" means the Foreign Trade (Develop

ment 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;

tion) Rules, 1993;

(d) Words and expressions used in this Order

and not denned 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, un

dertakings 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;

ernment 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 transhipment 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 arc exempt from

payment of duty under the notification of

the Government of India in the Ministry of

Finance (Department of Revenue) No. i

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 outgo

ing or incoming passengers, against pay

ments in free foreign exchange;

(f) which are in transit through India by pos"

or otherwise, or are redirected by post or

otherwise to a destination outside India,

except Nepal and Bhutan prov'ded that such

goods while in India arc always in the cus

tody of the postal or customs authorities;

(g) for transmission across India by air to Af

ghanistan 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 Indi.-i or that the importer

undertakes to produce within a specified

period evidence that such goods have

crossed the borders of Tndia 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 J|3 lb

powder or one hundred ampoules :

Provided that in the case of imports by a

tourist, articles of high value whose re

export is obligatory under rule 7 of the

Tourist Baggage Rules, 1978 shall be re

exported on his leaving Tndia, failing

which such goods shall be deemed to be

goods of which the import has been pro

hibited under the Customs Act, 1962

(52 of 1962);

[*rtf II—<au* 3(H)] «tra *PT Ttsm : srmEn r̂

Provided further that the import of gold in

any form including ornaments (but ex

cluding ornaments studded with stones

or pearls) will be allowed as part of bag

gage 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 cond lions

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;

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;

(d) books, magazines, journals and literature

which arc 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) fixe arms and ammunition;

(h) consumer electronic items (except hear

ing aids and life saving equipments, ap

paratus and appliances and parts thers-

of) :

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 Gov

ernment of India in the Ministry of Finance

(Department of Revenue);

(k) from any country, which are exempted from

Customs duty on re-importation under sec

tion 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 Gov

ernment 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 Reve

nue and Insurance) or Notification No. 80

dated 29th August, 1970;

(1) of Indian manufacture and foreign made

parts of such goods, exported and received

back by the manufacturer from the con

signee 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 ori re

importation under Customs Notifica

tion No. 132 dated 9th December,

1961, a bond is executed by the im

porter 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 Organi

sation 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 Gov

ernment of India and the Ford Foundation;

(o) being vehicles as defined in Article I of the

Customs Convention on the Temporary Im

portation 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 Govern

ment 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 re

exported within the period specified in

the said notification or within such

further period as the customs authori

ties may allow;

(ii) the provisions of the said notification

or of the "triptvque or Oarncl-De-

Passage" permit are not contravened

in relation to such vehicle or compo

nent 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 affec

ting the import of goods that may be in

force at the time of import of such goods;

(p) being goods imported temporarily for dis

play or use in fairs, exhibitioas or similar

events specified in Schedule I to the noti

fication of the Government of India in the

6 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)]

Ministry of Finance (Department of Reve

nue) No. 157|90|CUSTOMS, dated the 28th

March, 1990 against ATA Carnets under

the Customs Convention on the ATA Car-

nets 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 clear

ance 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 prohibi

tion 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 pres

cribed 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 foodgrains, by Food Corporation of

India :

Provided that at the time of clearance, a dec

laration 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 agen

cies approved by the United Nations Or

ganisation and which are exempted from

payment of customs duty under the Notifi

cation of Government of India in the

Ministry of Finance (Department of Reve

nue) No. GSR 766, dated 21st June, 1975.

(2) Nothing contained in the Rules shall apply to—-

(a) any goods exported by or under the autho

rity of the Central Government;

(b) any goods other than food-stuffs constituting

the stores or equipment of any outgoing

vessel or conveyance;

nal baggage of any person, including a pas

senger 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 tran

shipment 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 out

side India, except Nepal and Bhutan;

(g) any goods in transit through India by post

or any goods re-directed by post to a desti

nation 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 3 00

per cent Export Oriented Units except tex

tile item covered by bilateral agreements,

exports to Rupee Payment Countries under

the Annual Trade Protocol and Exports

against payment in Indian Rupees to for

mer Rupee Payment Countries :

Provided that conditions imposed by the

Board of Approval on an Export Orient

ed Unit of Export Processing Zone unit

will be binding on such a unit;

(j) Export of Blood group Oh (Bombay Phono-

type) meant for scientific research or emer

gency medical treatment, as life saving

measure on humanitarian grounds by the

Director, National Blood Group Reference

Laboratory, Bombay on the basis of a cer

tificate issued by him to this effect in each

case;

(k) export of samples of lubricating oil addi

tives, Lube Oil, crude oil and other related

petroleum products and raw materials used

to manufacture Lube Additives by Lubri-

zolis India Limited, Hindustan Petroleum

Corporation Limited, and Bharat Petro

leum Corporation Limited, from their in

stallation m India to Lubrizol's Laborato

ries in the United States of America a^d

the United Kingdom for evaluation and

testing purposes,

[File No. 21|11[92-LS]

DR. P. L. SANJEEV REDDY, Director General

of Foreign Trade and Ex-OfScio Addl. Secy.

[1TTT II—3PTC 3 ( l i ) ] *TTCT TT TI^Tta : fffllKK"!

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[W. tf. 2 1 / 1 1 / 9 2 - ^ . <£T.]

NOTIFICATION

New Delhi, the 31st December, 1993

S.0.1057(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 Govern

ment hereby authorises the offlaers specified in the Table

below to exercise powers with respect to entering such premises

and searching, inspecting and seizing of such goods, docu

ments, thinss and conveyances as are specified in rule 17 of

the Foreign Trade (Regulation) Rules, 1993, subject to the

requirements prescribed therein.

TABLE

S.No. Designation of officer

Director General of Foreign Trade

Additional Director General of Foreign Trade

Joint Director General of Foreign Trade

Deputy Director General of Foreign Trade

Assistant Director General of Foreign Trade

Controller of Imports and Exports

[F.No-21/11/92-LS]

P.L. SANJEEV REDDY, Director General

of Foreign Trade and Ex-Offlcio Addl.Secy.

i f ftwfr, 31 fan^rr, 1993

W7T. AT. 1058 (3T)—%TTfJT WTTfR, ft^ST irTCK (fJmg

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qft n r f a q w *t. «TT. *TT. 797 (sr), frrftn 15 arpprc, 1990

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IT. <fr. t^r. ^ T ^ ^ r , ^rPrini'i., ft^»r ^THK

NOTIFICATION

New Delhi, the 31st December, 1993

S.O. 1058(E).—In exercise of the powers conferred by sec-

section 13 of the Foreign Trade (Developmen t and Regula

t i o n ) Act, 1992 (22 of 1992) and in supersession of Noti

fication of the Government of India in the Ministry of

Commerce No. S.O. 797(E), dated 15th October, 1990, 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 pur

poses 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

SI. Designation of officer

No.

1 2

1. Add itional D irector General of

Foreign Trade

2. Joint Director General of

Foreign Trade

3. Deputy Director General of

Foreign Trade

4. Assistant Director General of

Foreign Trade

5. Controller of Imports & Exports

Value of the goods

in relation to which

the power may be

exercised.

Without limit

Upto Rs. 10 lakhs

Upto Rs. 5 lakhs

Upto Rs. 2 lakhs

[FileNo.21/ll/9z-LS]

DR. P.L. SANJEEV REDDY, Director General

of Foreign Trade and Ex-Offlclo Addl. Secy.

Trftn '̂Tr

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[T7T. *f, 2 l / l l /92--TT ^ . ]

NOTIFICATION

New Delhi, the 31st December, 1993

S.O. 1059(E)—In exorcise of the powers conferred by

clause (b) of sub-section (1) of section 15 of thcForcign Trade

(Development and Regulation) Act, 1992 (22 of 1992), the

Central Government hereby authorises the officers specified

in column 3 of the Tible bdow 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

Tabic

TABLE

S. Designation of

No. Adjudicating authority

1. Controller of Imports & Exports

2. Assistant Director General

of Foreign Trade

3. Deputy Director General of

Foreign Trade

4. Joint Dirfetor General of

Foreign Trade

5. Addl. Director General of

Foroign Trade

I Additional Director

I General of Foreign

}- Trade

Additional Secretary

in the Ministry of

Commerce aided by

two Joint Secretaries

and a Director of that

Ministry.

[FilcNo.21/ll/92-LS]

DR. P.L. SANJ - V REDDY, Director General

of Foreign Ti deand Ex-Offlcio Addl. Secy.

T$ ffeft, 31 forwrc, 1993

m HT. IOGO(W).—*njrfatw, frftfr ^ m r (flnrre ^

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["fir. tf. 21/11/92-TT. 3T ]

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 (Deve

lopment and Regulation) Act, 1992 v22 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 can;ol a licence for the purposes of import or export of

goods.

TABLE

S. The designation of

No. the Officers

Tho Territorial areas

in respect of which

the jurisdiction is to

bo exercised

1. "ftdditronarDirectar General of

Foreign Trade

2. The Export Commissioner

3. The Joint Director General of

Foreign Trade:

(a) In the Headquarters Office

of the Director General of

Foreign Trade, New Delhi

(b) In the Regional Licensing

Authority

Throughout India

Respective territorial

jurisdiction of such

authority.

The Deputy Director General

of Foreign Trade :

(a) In the Headquarters Office of

tho Director General of

Foreign Trade, New Delhi

(b) In the Regional Licensing

Authority.

5. The Asiiitaut Director General

°Tl>i»raign Trade:

In tn>*j^dquartei's Offlco of

the Directdr^ncjral of

Foreign Trade.

In tho Regional Licensing

Authority

(a)

(b)

The Controller of Imports and

Exports :

(a) In the Headquarters Office

of the Director General of

Foreign Trade

Throughout India

Respective territorial

jjrisdiction of sjch

authority.

Throughout India

Respective territorial

jurisdiction of such

authority.

Throughout India

(b) In tho Regional Licensing

Authority

Respective territorial

jurisdiction of such

authority,

The Development Commissioner/ Respective territorial

Joint Development Commissioner/ jurisdiction of such

Deputy Development Commissioner/ authority.

Assistant Development Commissioner

of a Fre« TraJe Zone or an Export

Processing Zone,

[FileNo.21/ll/92-LS]

DR. P.L. SANJEEV REDDY, Director General

of Foreign Trado

T£ fVfr, 31 fer«n:, 1993

w . wr. 1061 (sr)—fr^rPr^w^, fa^ft mir* ( f e w sflr

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3020 OI/93—2

10 THE GAZETTE OF TNDTA: EXTRAORDINARY [PART II—SEC. 3(ii)

( i ) ( 2 ) ( 3 )

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f$T, *T. 2 1 /11/42--"^ . "5 -1

ORDER

Now D.-lhi, the Mst December 199?

S.O. 1061(F)—In exercise of the powers conferred by

section 7 of the foreign Ti arte (Development and Regulation)

Act, 1 v)l (22 of 1<W2) , tlis Dircior-Geneu ' l nuthouses the

officeismentirr.ee ii. t i c Cdle Likw to grrut importer-

expoter code number in accordance v.ith the pioviiion;> of

the aforesaid set lion.

TABLE

S. T h i designation of the

No. Ollicers

J lie Tcrritoiial uiccs

in respect of which

i iris-li'-tiori is to

b^ exercised.

1. AdJitional Director General

of Foreign Trade

ri hrouybout India

(a) In t lie Headjuai tcrs Office of Throughout India

the Director General of Foreign

Trade, New Delhi

(b) In tha Rjgbnal Licensing

Authority

4- The Deputy Director General of

FVireign Trade:

Respective territoi ial

jurisdiction of such

authority.

(a) IntliellsAdjruiLtcrsOlfieeof Thioughout India

the Director General of Foreign

Trade, Ne.v Delhi

(b) In the Regional Licensing

Authority

5. The Assistant Director General

of Foreign Trade.

(a) In the Headquarters Oilice of

the Director Gcneial of

Foreign Trade,

(b) In t'le Region il Licensing

•Vithority

Respective territorial

jurisdiction of such

authority.

Throughout In l i a

I ' . M I ' ; l i /e tcrritoiial

kirj, h'aion of such

authority

6. The Controller o,"Imports and Expoits: Ihroughout India

(a) In the Headquarters Office

oftho Director General of

Foreign Trade

lb) Inth.3 R;,'ioaal Licensing

Authority

Resp::tive territorial

nuisdiction of such

authority

The n^e lo . i r t sn t Co.nmissioner/ Respective tciritonal

Joint Dj /cIoTn:nt Commissioner/ jurisdiction of such

Deputy Development Commissioner authority

As-,irta it Development Commissions

of a FreeTrado Zone or in Export

Processing Zone,

2 . The Export Commissioner

3. The Joint Director General of

Foreign Trade:

' Ihroiuhout India

[File No. 21/11/92-LS]

Dr. P.L. SAN IEEV REDDY, Director General of Foio'gn

Trade

Printed by the Manager, Govt, of India Press, Ring Road, Maya Puri, New Delhi-110064

and Published by the Controller of Publications, D e l h i ! 10034. 1994

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