APPENDIX-39A
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.
- 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.
- 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.
- 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.
- 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;
- 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;
- 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;
- 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.
- 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 or trading from the respective free Trade
Zones/Export Processing Zones/Special Economic
Zones and 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 an Export Oriented
Unit of Export Processing Zone/Special Economic Zone
unit 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.
[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 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.
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 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. |
[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.
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 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. |
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade.