Search Results on rules for query: "Foreign Trade(Regulation) Rules 1993"
Related Section(s)1
[(1) Where--
(a) any person has contravened any of the provisions of this Act or any rules or orders made thereunder or the foreign trade policy or any other law for the time being in force 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 or any other officer authorised by him has reason to believe that any person has made an export or import in a manner 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, or services or technology provided from, the country; or (c) any person who imports or exports specified goods or services or technology, in contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy, the Director General or any other officer authorised by him 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 after 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 2 [import or export any goods or services or technology] 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.
1 Subs. by Act 25 of 2010, s. 8, for sub-section (1) (w.e.f.27-8-2010).
2 Subs. by s. 8, ibid., for "import or export any goods" (w.e.f.27-8-2010). 1
[5. Foreign Trade Policy.-- The Central Government may, from time to time, formulate and
announce, by notification in the Official Gazette, the foreign trade policy and may also, inlike manner,
amend that policy:
Provided that the Central Government may direct that, in respect of the Special Economic Zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the Official Gazette.]
1 Subs. by s. 5,ibid., for section 5 (w.e.f.27-8-2010).
(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 belevied and the manner in which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted or renewed under sub-section (1) of section 9; 2 [(c) the class or classes of goods (including the goods connected with service or technology) for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under sub-section (2) of section 9;] (d) the form in which and the terms, conditions and restrictions subject to which 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted under sub-section (3) of section 9; (e) the conditions subject to which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be suspended or cancelled under sub-section (4) of section 9; 3 [(ea) the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under sub-section (3) of section 9A;] (f) the premises, 4 [goods (including the goods connected with the service or technology)], 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 section10; (g) the class or classes of cases for which and the manner in which an amount, by way of settlement, may be determined under 5 [sub-section (4) of section 11]; 6 [(h) the requirements and conditions subject to which goods (including the goods connected with the service or technology) and conveyances shall be liable to confiscation under sub-section (8) of section 11;] 7 [(i) the manner in which and the conditions subject to which goods (including the goods connected with the service or technology) and conveyances may be released on payment of redemption charges under sub-section (9) of section 11]; (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.
1 Subs. by Act 25 of 2010, s. 21, for "licence" (w.e.f.27-8-2010).
2 Subs. by s. 21, ibid., for clause (c) (w.e.f.27-8-2010). 3 Ins. by s.21, ibid. (w.e.f.27-8-2010). 4 Subs. by s. 21, ibid., for "goods" (w.e.f.27-8-2010). 5 Subs. by s. 21, ibid., for "sub-section (3) of section 11" (w.e.f.27-8-2010). 6 Subs. by s. 21, ibid., for clause (h) (w.e.f.27-8-2010). 7 Subs. by s. 21, ibid., for clause (i) (w.e.f.27-8-2010). 1 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 2 [import or export of goods or services or technology]: 3 [Provided that the provisions of this sub-section shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefits under the foreign trade policy or is dealing with specified services or specified technologies.] (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. 3 [(4) Without prejudice to anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export of any goods, nor any goods shall be prohibited for import or export except, as may be required under this Act, or rules or orders made thereunder.]
1. Subs. by s.3, ibid., for "EXPORT AND IMPORT POLICY" (w.e.f.27-8-2010).
2. Subs. by Act 25 of 2010, s. 4, for "import or export of goods" (w.e.f.27-8-2010). 3. Ins. by s. 4, ibid.(w.e.f.27-8-2010). |
