APPENDIX - 48
- Document type
- Procedure
- Dated
MINISTRY OF COMMERCE (Director General of Foreign Trade) ORDER
APPENDIX - 48
MINISTRY OF COMMERCE
(Director General of Foreign Trade)
ORDER
New Delhi the 31st December,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:-
- Short title and commencement.
- This Order may be called the Foreign Trade (Exemption
from application of Rules in certain cases) Order,
1993,
- It shall come into force on the date of its publication in the Official Gazette.
- This Order may be called the Foreign Trade (Exemption
from application of Rules in certain cases) Order,
1993,
- Definitions.
In this order, unless the context otherwise requires:-
- "Act" means the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992);
- "Import Trade Regulations" means the Act and
the rules and order made thereunder and the
export and import policy;
- "Rules" means the Foreign Trade (Regulation)
Rules, 1993;
- 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.
- "Act" means the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992);
- Exemption from the application of rules.-
- Nothing contained in the Rules shall apply to the
import of any goods,
- by the Central Government or agencies,
undertakings owned and controlled by the
Central Government for Defence purposes;
- 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;
- 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;
- 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 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;
- imported and bonded on arrival for sale at
approved duty-free shops, whether to outgoing
or incoming passengers, against payments in
free foreign exchange;
- 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;
- 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;
- 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:-
- that the passenger importing the gold
is coming to India after a period of
not less than six months of stay
abroad;
- the quantity of gold imported shall
not exceed 5 kilograms per passenger;
- import duty on gold shall be paid in
convertible foreign currency; and
- there will be no restriction on sale of such imported gold.
- that the passenger importing the gold
is coming to India after a period of
not less than six months of stay
abroad;
- by any person through the post or otherwise
for his personal use, or by any institution or
hospital for its use except-
- vegetable seeds exceeding one lb. in
weight;
- bees;
- tea;
- books, magazines, journals and
literature which are not allowed to be
imported under the policy for the time
being in force;
- goods, the import of which is
canalised under the Policy;
- alcoholic beverages;
- fire arms and ammunition;
- 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.
- vegetable seeds exceeding one lb. in
weight;
- 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);
- 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;
- 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
- the customs authorities are satisfied
that the goods received back by the
said manufacturers are the same which
were so exported; and
- 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;
- the customs authorities are satisfied
that the goods received back by the
said manufacturers are the same which
were so exported; and
- 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);
- 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;
- 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
- 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;
- 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;
- 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;
- 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
- 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
- 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;
- 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
- 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;
- 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;
- 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;
- 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.
- by the Central Government or agencies,
undertakings owned and controlled by the
Central Government for Defence purposes;
- Nothing contained in the Rules shall apply to -
- any goods exported by or under the authority
of the Central Government;
- any goods other than food-stuffs constituting
the stores or equipment of any outgoing vessel
or conveyance;
- 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;
- any goods exported by post or by air under the
conditions specified in postal notice issued
by the Postal Authorities;
- any goods transhipped at a port in India after
having been manifested for such transhipment
at the time of despatch from a port outside
India;
- any goods imported and bonded on arrival in
India for re-export to any country outside
India, except Nepal and Bhutan;
- 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;
- 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;
- products approved for manufacture in and
export from the respective free Trade
Zones/Export Processing Zones/Special Economic
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 letter of Approval/letter of indent on Export Oriented Unit or Export Processing Zone/Special Economic Zone will be binding on such a unit;
- 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;
- 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.
- any goods exported by or under the authority
of the Central Government;
- Nothing contained in the Rules shall apply to the
import of any goods,
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY,
Director General of Foreign Trade and
Ex-Offcio Addl. Secy.
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.
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:-
| 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.
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
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 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.
TABLE
S.No. Designation of Adjudicating Appellate
authority authority
1. Foreign Trade Development Officer
2. Assistant Director General of Additional Director General
Foreign Trade of Foreign Trade
3. Deputy Director General of
Foreign Trade
4. Joint Director General of
Foreign Trade
5. Addl. Director General of Additional Secretary in
Foreign Trade 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.
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.
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.
| 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 Export Commissioner | Throughout India |
| 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. |
| 4. | The Deputy 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. |
| 5. | The Assistant Director General of Foreign Trade: (a) In the Headquarters Office of the Director General of Foreign Trade. (b) In the Regional Licensing Authority | Throughout India Respective territorial jurisdiction of such authority. |
| 6. | The Controller of Imports and Exports: (a) In the Headquarters Office of the Director General of Foreign Trade. (b) In the Regional Licensing Authority | Throughout India Respective territorial jurisdiction of such authority. |
| 7. | The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone. | Respective territorial jurisdiction of such authority. |
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade
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 Export Commissioner | Throughout India |
| 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. |
| 4. | The Deputy 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. |
| 5. | The Assistant Director General of Foreign Trade: (a) In the Headquarters Office of the Director General of Foreign Trade. (b) In the Regional Licensing Authority | Throughout India Respective territorial jurisdiction of such authority. |
| 6. | The Controller of Imports and Exports: (a) In the Headquarters Office of the Director General of Foreign Trade. (b) In the Regional Licensing Authority | Throughout India Respective territorial jurisdiction of such authority. |
| 7. | The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone. | Respective territorial jurisdiction of such authority. |
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade.