APPENDIX 38 B
Foreign Trade (Exemption from application of Rules in certain cases)
Order, 1993,
MINISTRY OF
COMMERCE
(Director
General of Foreign Trade)
ORDER
New Delhi
the 31st December,1993
S.O. 1056(E)- in exercise of the powers
conferred by section 3, read with section 4, of the Foreign Trade (Development
and Regulation) Act, 1992 (22 of 1992)
and in supersession of the Imports (Control) Order, 1955 and the Exports
(Control) Order, 1988, except as respects things done or omitted to be done before such supersession, the Central Government
hereby makes the following order, namely:-
1. Short title and commencement.
(1) This Order may be called the Foreign Trade
(Exemption from application of Rules in certain cases)
Order, 1993,
(2) It shall come
into force on
the date of
its publication in the Official Gazette.
2. Definitions.
In this order,
unless the context otherwise requires:-
(a)
"Act" means the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992);
(b)
"Import Trade
Regulations" means the Act and the rules
and order made thereunder and
the export and import policy;
(c)
"Rules" means the
Foreign Trade (Regulation) Rules, 1993;
(d)
Words and expressions used in
this Order and not defined but defined in the Act shall have the meanings respectively assigned to them in the
Act.
3. Exemption
from the application of rules.-
(1) Nothing
contained in the Rules shall apply to
the import of any goods,
(a) by the
Central Government or
agencies, undertakings
owned and controlled
by the Central Government for
Defence purposes;
(b) by the
Central Government or
any State Government Statutory Corporation, public body or
Government Undertaking run as a joint Stock Company through the agency
of the
Purchase Organisations of the
Ministry of Supply, that is India Supply
Mission, London and India Supply Mission, Washington;
(c) by the
Central Government, any
State Government or any statutory corporation or public
body or Government Undertaking run as a joint
Stock Company, orders in
respect of which are
placed through the
Directorate General, Supplies and Disposals, New Delhi;
(d) by transshipment or imported and
bonded on arrival for re-export as ships stores to any country
outside India except Nepal and Bhutan or imported and bonded
on arrival for re-export as aforesaid but
subsequently released for use
of Diplomatic personnel, Consular Officers in India and the officials of the United Nations
Organisation and its specialised agencies who are
exempt from payment of duty under the notification of the Government
of India in the Ministry of Finance (Department of Revenue) No.
3 dated 8th January, 1957
and the United
Nations (Privileges and
Immunities) Act, 1947 (46 of 1947)
respectively;
(e)
imported and bonded on arrival for
sale at approved duty-free shops, whether to outgoing or incoming
passengers, against payments in free
foreign exchange;
(f) which are in transit through India by post or otherwise, or
are redirected by
post or otherwise to
a destination outside
India, except Nepal and Bhutan provided that
such goods while in India are always in the custody of the postal or
customs authorities;
(g) for transmission across India by
air to Afghanistan or by land, to any other country outside India, except Nepal and Bhutan
under claim for exemption from duty or for refund of duty either in
whole or in part:
Provided that such goods are imported by or on behalf of
the Government or
a country bordering on
India or that
the importer undertakes to
produce within a
specified period evidence that
such goods have crossed the borders of
India or in default to pay such penalty
as the proper officer of customs
may deem fit to impose on such goods:
Provided further
that nothing contained in this item will exempt any goods from the Import Trade Regulations;
(h) by the
person as passenger baggage to
the extent admissible under the
Baggage Rules for the time being
in force except
quinine exceeding five hundred
tablets or 1/3
lb powder or one hundred ampoules:
Provided
that in the case of imports by a
tourist, articles of high value whose reexport is obligatory under rule 7 of
the tourist Baggage Rules,
1978 shall be re-exported on his leaving
India, failing which such goods shall be
deemed to be goods of
which the import has been prohibited under the Customs Act, 1962 (52 of 1962);
Provided
further that the import of
gold in any form including ornaments
(but excluding ornaments studded with stones or pearls) will be
allowed as part of baggage by passengers of Indian origin or a passenger holding a
valid passport issued under the
passports Act, 1967 (15 of 1967)
subject to the
following conditions namely:-
(a) that the passenger importing the gold is coming to India after a period of not
less than six
months of stay abroad;
(b) the quantity
of gold imported shall not
exceed 5 kilograms per passenger;
(c) import duty on gold shall be paid in convertible foreign currency; and
(d) there will be no restriction on sale of such imported gold.
(i) by any
person through the post or
otherwise for his personal use, or by any institution or hospital for
its use except-
(a) vegetable seeds exceeding one lb. In weight;
(b) bees;
(c) tea;
(d) books, magazines, journals and literature
which are not allowed to be imported under the policy for the time being in
force;
(e) goods, the
import of which
is canalised under the Policy;
(f) alcoholic
beverages;
(g) fire arms
and ammunition;
(h) consumer electronic items (except hearing aids
and life saving equipments, apparatus and appliances and parts
thereof ) : Provided that the
c.i.f value of goods imported as
aforesaid at any one time shall not exceed
rupees two thousand.
(j) by or
on behalf of
diplomatic personnel, consular officers and Trade Commissioners in India who are exempted from payment of
Customs duty under Notification
No. 3 dated the 8th January, 1957
of the Government of India in the Ministry
of Finance (Department of Revenue);
(k) from any
country, which are exempted
from Customs duty on re-
importation under section 20 of the Customs Act, 1962 (52 of 1962) or under
Customs Notification Nos. 113
dated 16th May, 1957, 103 dated 25th March, 1958, 260
and 261 dated
11th October, 1958, 269, 271, 273, 274, 275 and
276 dated 25th October, 1958 and 204 dated 2nd August, 1976, of the
Government of India,
Ministry of Finance (Department of Revenue), or Notification No. 174 dated
the 24th September,
1966 or Notification No. 103 dated the 16th
May, 1978, of the
Government of India, Ministry
of Finance (Department
of Revenue and Insurance) or Notification No. 80 dated 29th August, 1970;
(l) of Indian manufacture and foreign made parts of
such goods, exported and received back
by the manufacture from the
consignee for repair and re-export:
Provided that
(i) the customs authorities are satisfied that the
goods received back by the said manufacturers are the same which were so
exported; and
(ii) in the case of goods other than those exempted from
customs duty on re-importation under Customs Notification No.
132 dated 9th December, 1961 a bond is executed by the
importer with the
customs authority at the port concerned to the effect that
the goods thus imported will be
re-exported after repair within six months;
(m) by officials
of the United
Nations Organisation and its
specialised agencies who are
exempted from payment of
Customs duty under the
United Nations ( Privileges
and Immunities) Act, 1947 (46 of 1947);
(n) by the
Ford Foundation who are
exempt from payment of
Customs duty under an Agreement entered into between the Government of
India and the Ford Foundation;
(o) being vehicles as defined in Article I of the Customs Convention on the Temporary Importation of
Private Road Vehicles or the component
parts thereof referred to in Article 4
of the said Convention and
which are exempted from
payment of customs duty under the
notification of the Government of India in the Ministry of Finance
(Department of Revenue)
No. 296 dated the 2nd August, 1976:
Provided
that
(i) such vehicles or component parts are reexported within the period specified in the
said notification or within such
further period as the
customs authorities may allow;
(ii) the provisions of the said notification or of the "triptyque or Carnel-De-Passage" permit
are not contravened in
relation to such vehicle or component parts;
Provided
further that nothing contained
in this item shall prejudice the
application to the said
vehicles or component parts of
any other prohibition or
regulation affecting the import of goods that may be in force at the time of import of such goods;
(p) being goods imported temporarily for display or use in fairs, exhibitions or
similar events specified in Schedule I to the notification of the Government
of India in the Ministry of Finance (Department of Revenue) No.157/90/CUSTOMS,
dated the 28th March,
1990 against ATA carnets
under the Customs Convention on
the ATA Carnets for temporary admission of
goods (ATA Convention) done at Brussels
on the 30th July, 1963;
Provided
that
(i) such goods
are exported within
a period of six months from the
date of clearance or such extended
period as the Central Government may
allow in each case; and
(ii) the provisions of the said notification or of the ATA convention are not
contravened:
Provided further
that nothing contained in this
item shall prejudice the application
to the said goods of any other prohibition or regulation affecting the import of goods that may be in force at the time of import of such goods;
(q) covered by
an import licence issued by His Majesty's Government of Nepal and the
importer furnishes a bond
to the proper officer of customs in the form prescribed by such
officer with a Scheduled Bank as surety
to the effect that he shall pay the duty and pay
penalty imposed for contravening Import Trade Regulations in
respect of the whole or any portion
of the goods which is not
proved to have entered the territory of
Nepal;
(r) of Indian
manufacture or by
the central Government or any State Government for repair and
re-export to Indian Embassies abroad or to any
other office of the Central Government or State Government in a foreign
country;
(s) being food grains, by Food Corporation of India:
Provided that at
the time of clearance, a declaration to the
effect that the import
in question has been approved by
the Central Government, is furnished by
the importer to the Customs authorities;
(t) being articles
of food and edible material, which are
supplied as free
gift by the agencies approved by the
United Nation Organisation and
which are exempted
from payment of customs duty under the Notification of Government
of India in the Ministry
of Finance (Department of
Revenue) No. GSR 766 dated 21st June, 1975.
(2) Nothing contained in the Rules shall
apply to -
(a) any goods exported by or under the authority of the Central Government;
(b) any
goods other than food-stuffs
constituting the stores or equipment of any outgoing vessel or conveyance;
(c) any goods constituting the bona fide personal baggage of any person, including a passenger or member of a
crew in any
vessel or conveyance, going out
of India:
Provided
that the Wild Life (dead,
alive or part thereof or produce therefrom) shall not be treated as part of such personal baggage;
(d) any
goods exported by post or by air under the conditions specified in postal notice
issued by the Postal Authorities;
(e) any
goods transhipped at a port in India after having been manifested for such transshipment
at the
time of despatch from a port
outside India;
(f) any goods
imported and bonded on arrival
in India for re-export to any country outside India,
except Nepal and Bhutan;
(g) any goods in transit through India by post or any goods
re- directed by
post to a destination outside India except Nepal
and Bhutan;
Provided
that such goods while in India are always in
the custody of
the postal authorities;
(h) any goods
imported without a valid
import licence and exported in accordance with
an order for the export of such goods made by the proper officer of
Customs;
(i) products approved
for manufacture in
and export from the
respective free Trade Zones/Export Processing Zones and 100
per cent Export Oriented Units
except textile item covered by
bilateral agreements, exports to
Rupee Payment countries under the Annual Trade Protocol and Exports against
payment in Indian Rupees to former Rupee payment countries;
Provided
that conditions imposed in the latter of approval/letter of indent on Export
Oriented Unit or Export Processing Zone will be binding on such a unit;
(j) export of
Blood group Oh (Bombay
Phonotype) meant for scientific research or
emergency medical treatment as life saving measure on humanitarian grounds by the Director,
National Blood Group Reference Laboratory, Bombay on the
basis of a certificate issued by
him to this effect in each case;
(k) export of
samples of lubricating oil additives, Lube Oil,
crude oil and
other related petroleum products
and raw materials used to
manufacture Lube Additives
by Lubrizols India Limited,
Hindustan Petroleum Corporation Limited,
and Bharat Petroleum Corporation Limited, from their installation in India to Lubrizol's
Laboratories in the United
States of America and
the United Kingdom for
evaluation and testing purposes.
[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 31st December,
1993
S.O. 1057(E)- In exercise of the powers
conferred by sub- section(1) of section
10 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of
1992), the Central
government hereby authorises
the officers specified in the
Table below to exercise powers with respect to
entering such premises and
searching, inspecting and seizing of such goods, documents, things and
conveyances as are specified in rule 17
of the Foreign Trade (Regulation) Rules, 1993, subject to the requirements prescribed therein.
TABLE
S.No. Designation of officer
1. Director General of
Foreign Trade
2. Additional Director
General of Foreign Trade
3. Joint Director General
of Foreign Trade
4. Deputy Director General
of Foreign Trade
5. Assistant Director
General of Foreign Trade
6. Controller of Imports and Exports
[File No.
21/11/92-LS]
DR. P. L. SANJEEV
REDDY, Director General of Foreign Trade and
Ex-Offcio Addl.
Secy.
NOTIFICATION
New Delhi, the 20th January,
1999
S.O.24(E,
In exercise of the powers conferred by section 13 of the Foreign Trade
(Development and Regulation)Act, 1992 (22 of 1992) and in supersession of Notification of the
Government of India in the Ministry of Commerce No. S.O.
145(E), dated 24th February 1998 published in Gazette of
India(Extraordinary) Part-ii, Section 3, Sub-section (ii) except
as respects things done or omitted
to be done before such
supersession,the Central Government hereby authorises the
officers specified in column
2 of the Table below for the purposes of exercising powers under
section 13 read with section 11, subject to the limits specified against such
officers in the corresponding entry in column 3 of the said Table, namely:-
TABLE
|
Sl.No. |
Designation of
officer |
Value of the
goods in relation to which the power may be exercised. |
|
1.
|
Additional
Director General of foreign Trade |
Without limit |
|
2.
|
Zonal Jt.
Director General of Foreign Trade |
Upto Rs. 10
crores |
|
3.
|
Joint Director
General of Foreign Trade |
Upto Rs. 5
crores |
|
4.
|
Deputy Director
General of Foreign
Trade |
Upto Rs. 1
crores |
|
5.
|
Assistant
Director General of Foreign Trade |
Upto Rs. 10
lakhs |
|
6.
|
Foreign Trade
Development officer |
Upto Rs.5 lakhs |
[File No. 18/9/97/ECA-III]
N.L.Lakhanpal, Director General of Foreign Trade and
Ex-Offcio Addl. Secy.
NOTIFICATION
New Delhi,the 6th March, 2000
S.O.194(E).-- In exercise of the powers conferred by
section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of
1992), the Central Government hereby authorises the officers specified in the
column (2) of the Table below for the purposes of exercising powers under
section 13 read with section 11, subject to the limits specified against such
officers in the corresponding entry in column (3) of the said Table and makes
the following amendments in the notification of the Government of India in the
Ministry of Commerce (Director General of Foreign Trade)No.S.O.24(E), dated the
20th January, 1999, namely :-
In the said notification in the table, after serial
number 6 and the entries relating thereto, the following serial number and the
entries shall be inserted, namely :-
(1) (2) (3)
“7 Development
Commissioner, Without limit in respect
Export Processing
Zone of
Export Oriented Units
In Export Processing Zone
Under their jurisdiction.”
[F.No.
18/9/97-98/ECA-III/I]
N.L.
Lakhanpal,Director General of
Foreign Trade
& Ex-Officio Addl.Secy
NOTIFICATION
New Delhi, the 31st December,1993
S.O. 1059(E),
In exercise of the powers conferred by
clause(b) of sub-section(1) of
section 15 of the oreign 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
|
S.No. |
Designation of
Adjudicating Authority |
Appellate
Authority |
|
1. |
Foreign Trade Development Officer |
Additional Director General of Foreign Trade |
|
2. |
Assistant Director General of Foreign Trade |
|
|
3. |
Deputy Director General of Foreign Trade |
|
|
4. |
Joint Director General of Foreign Trade |
|
|
5. |
Additional Director General of Foreign Trade |
Additional Secretary in 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 :-
(1) (2) (3)
6
Development Commissioner Additional Secretary
in the
Export Processing Zone Ministry
of Commerce aided
By
two Joint Secretaries &
a
Director of that Ministry”
[F.No.
18/9/97-98/ECA-III/I]
N.L.Lakhanpal,
Director General of
Foreign Trade
& Ex-Officio Addl.Secretary.
ORDER
New Delhi, the 31st December, 1993
S.O. 1060(E), In exercise of the powers conferred
by sub-sections (2) and (4) of section 9 of the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992), the
Director General authorises the
officers mentioned in the Table
below to grant or renew or refuse to grant
or renew or to suspend or to
cancel a licence for the purposes of import or export of goods.
TABLE
|
S.No. |
The Designation of the Officers |
The Territorial areas in respect of which the
jurisdiction is to be exercised |
|
|
1. |
Additional
Director General of Foreign Trade |
Throughout India |
|
|
2. |
The Exprot
Commissioner |
Throughout India |
|
|
3. |
The Joint
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
4. |
The Deputy
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade, New Delhi |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
5. |
The Assistant
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade, New Delhi |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
6. |
The Controller
of Imports and Exports: |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
7. |
The Development
Commissioner/ Joint
Development Commissioner/ Deputy
Development Commissioner/ Assistant
DevelopmentCommissioner of a Free Trade
Zone or an Export Processing
Zone. |
Respective
territorial jurisdiction of such authority. |
|
[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.
|
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 Foreign Trade |
Throughout India |
|
|
2. |
The Exprot
Commissioner |
Throughout India |
|
|
3. |
The Joint
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
4. |
The Deputy
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade, New Delhi |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
5. |
The Assistant
Director General of Foreign Trade |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade, New Delhi |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
6. |
The Controller
of Imports and Exports: |
Throughout India |
|
|
|
(a) |
In the
Headquarters office of the Director General of Foreign Trade |
Throughout India |
|
|
(b) |
In the Regional
Licensing Authority |
Respective
territorial jurisdiction of such authority. |
|
7. |
The Development
Commissioner/ Joint
Development Commissioner/ Deputy
Development Commissioner/ Assistant
DevelopmentCommissioner of a Free Trade
Zone or an Export Processing
Zone. |
Respective
territorial jurisdiction of such authority. |
|
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of
Foreign Trade.