-
TRUSTMAN
is
an organisation of professional based at Delhi, India of high caliber and qualified professionals to provide multi disciplinary
services at one place to all businesses/ individuals and firm is
capable of addressing and resolving several business and legal
issues. A law firm based at Delhi, India with a
difference.
Law Firm in India
Central Acts of India compiled by Law Firm in India
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992
NO. 22 OF 1992.
[7th August, 1992.]
An Act to provide for the development and regulation of foreign trade
by facilitating imports into, a, A augmenting exports from,
India and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-third Year of the
Republic of India as follows: -
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Foreign Trade (Development and Regulation) Act, 1992.
Sections 11 to 14 shall come into force at once and the
remaining provisions of this Act shall be deemed to have come into
force on the 19th day of June, 1992.
2.
Definitions.
(2) Definitions. 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;
178
(h) "Order" means any Order made by the Central Government
under section 3; and
(i) "prescribed" means prescribed by rules made under this
Act.
CHAP
POWER OF CENTRAL GOVERNMENT TO MAKE ORDER AND ANNOUNCE EXPORT
AND IMPORT POLICY
CHAPTER II
POWER OF CENTRAL GOVERNMENT TO MAKE ORDER AND ANNOUNCE EXPORT
AND IMPORT POLICY
3.
Powers to make provisions relating to imports and exports.
3. Powers to make provisions relating to imports and exports.
(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 exceptions, 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 (52 of 1962) and
all the provisions of that Act shall have effect accordingly.
4.
Continuance of existing Orders.
4. Continuance of existing Orders. All Orders made under the
Imports and Exports (Control) Act, 1947 (18 of 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, to be in force
and shall be deemed to have been made under this Act.
5.
Export and import policy.
5. Export and import policy. The Central Government may, from
time to time, formulate and announce by notification in the Official
Gazette, the export and import policy and may also, in like manner,
amend that policy.
6.
Appointment of Director General and his functions.
6. Appointment of Director General and his functions. (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.
CHAP
IMPORTER-EXPORTER CODE NUMBER AND LICENCE
CHAPTER III
IMPORTER-EXPORTER CODE NUMBER AND LICENCE
7.
Importer-exporter Code Number.
7. Importer-exporter Code Number. No person shall make any import
or export except under an Importer-exporter Code Number granted by the
Director General or the officer authorised by the Director General in
this behalf, in accordance with the procedure specified in this behalf
by the Director General.
179
8.
Suspension and cancellation of Importer-exporter Code Number.
8. Suspension and cancellation of Importer-exporter Code Number.
(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.
9.
Issue, suspension and cancellation of licence.
9. Issue, suspension and cancellation of licence. (1) The Central
Government may levy fees, subject to such exceptions, in respect of
such person or class of persons making an application for licence of
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.
180
(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.
CHAP
SEARCH, SEIZURE, PENALTY AND CONFISCATION
CHAPTER IV
SEARCH, SEIZURE, PENALTY AND CONFISCATION
10.
Power relating to search and seizure.
10.Power relating to search and seizure.(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 (2 of
1974) relating to searches and seizures shall, so far as may be,
apply to every search and seizure made under this section.
11.
Contravention of provisions of this Act, rules, orders and export andimport
policy.
11. Contravention of provisions of this Act, rules, orders and
export and import policy. (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 any 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.
12.
Penalty or confiscation not to interfere with other punishments.
12. Penalty or confiscation not to interfere with other
punishments. No penalty imposed or confiscation made under this Act
shall prevent the imposition of any other punishment to which the
person affected thereby is liable under any other law for the time
being in force.
181
13.
Adjudicating Authority.
13. Adjudicating Authority. Any penalty may be imposed or any
confiscation may be adjudged under this Act by the Director General
or, subject to such limits as may be specified, by such other officer
as the Central Government may, by notification in the Official
Gazette, authorise in this behalf'.
14.
Giving of opportunity to the owner of the goods, etc.
14. Giving of opportunity to the owner of the goods, etc. No
order imposing a penalty or of adjudication of confiscation shall be
made unless the owner of the goods or conveyance, or other person
concerned, has been given a notice in writing-
(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 desires, of being heard in the matter.
CHAP
APPEAL AIM REVISION
CHAPTER V
APPEAL AIM REVISION
15.
Appeal.
15. Appeal. (1) Any person aggrieved by any decision or order
made by the 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 the 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:,
182
Provided that an order enhancing or imposing a penalty or redemp-
tion charges or confiscating goods of a greater value shall not be
made under this section unless the appellant has been given an oppor-
tunity 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.
16.
Revision.
16. Revision. The Central Government, in the case of any
decision or order, not being a decision or order made in an appeal,
made by the Director General, or the Director General in the case of
any decision or order made by any officer subordinate to him, may on
its or his own motion or otherwise, call for and examine the records
of any proceeding in which a decision or an order imposing a penalty
or redemption charges or adjudicating confiscation has been made and
against which no appeal has been preferred, for the purpose of
satisfying itself or himself, as the case may be, as to the
correctness, legality or propriety of such decision or order and make
such orders thereon as may be deemed fit:
Provided that no decision or order shall be varied under this
section so as to prejudicially affect any person unless such person-
(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.
17.
Powers of Adjudicating and other Authorities.
17. Powers of Adjudicating and other Authorities. (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 (5 of 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, 1993 (2 of 1974).
(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:
183
Provided 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.
CHAP
MISCELLANEOUS
CHAPTER VI
MISCELLANEOUS
18.
Protection of action taken in good faith.
18. Protection of action taken in good faith. No order made or
deemed to have been made under this Act shall be called in question in
any court, and no suit, prosecution or other legal proceeding shall
lie against any person for anything in good faith done or intended to
be done under this Act or any order made or deemed to have been made
thereunder.
19.
Power to make rules.
19. Power to make rules. (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 forgoing 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.
184
(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.
20.
Repeal and savings.
20. Repeal and savings. (1) The Imports and Exports (Control)
Act, 1947 (18 of 1947) and the Foreign Trade (Development and
Regulation) Ordinance, 1992 (Ord. 11 of 1992) are hereby repealed.
(2) The repeal of the Imports and Exports (Control) Act, 1947
(18 of 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.
(3) Notwithstanding the repeal of the Foreign Trade (Development
and Regulation) Ordinance, 1992 (Ord. 11 of 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.
-
TRUSTMAN
is
an organisation of professional based at Delhi, India of high caliber and qualified professionals to provide multi disciplinary
services at one place to all businesses/ individuals and firm is
capable of addressing and resolving several business and legal
issues. A law firm based at Delhi, India with a
difference.
Law Firm in India