TMI BlogTHE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2010X X X X Extracts X X X X X X X X Extracts X X X X ..... ming into force of that provision. Amendment of section 2 2. In section 2 of the Foreign Trade (Development and Regulation Act, 1992 (22 of 1992) (herein after referred to as the principal Act), - (a) for clause (e) following shall be substituted, namely:, (e) import and export means, - (I) in relation to goods, bringing into, or taking out of, India any goods by land, sea or air; (II) in relation to services or technology, - supplying, services or technology- (A) from the territory of another country into the territory of India. (B) in the territory of another country to an Indian service consumer; (C) by a service supplier of another country, through commercial presence in India; (D) by a service supplier of another country, through presence of their natural persons in India; supplying, services or technology - (A) from India into the territory of any other country; (B) in India to the service consumer of any other country; (C) by a service supplier of India, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used in the development, production or use of such technology or goods; public domain shall have the same meaning as assigned to it in clause (i) of section 4 of the Weapons of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities) Act, 2005 . (21 of 2005) Amendment Chapter II Amendment of section 3 3. In the principal Act, in sub-heading below Chapter II for the words EXPORT AND IMPORT POLICY the words FOREIGN TRDE POLICY shall be substituted. 4. In section 3 of the Principal Act, - (a) in sub-section (2), - (i) for the words import or export of goods the words import or export of goods or services or technology shall be substituted; (ii) after sub-section(2), the following proviso shall be inserted, namely: - 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 provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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 authorized 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 authorized 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition: Provided that if the central government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the quantitative restriction should continue to the imposed or prevent of such injury or threat and to facilitated the adjustments , it may extend the said period beyond four years: Provided further that in no case the quantitative restriction shall continue to be imposed the beyond a period of ten years from the date on which such restriction were first imposed. (3) The Central Government may, by rules provide for the manner in which goods, the import of which shall be subject to quantitative restrictions under this section, may be identified and the manner in which the causes of serous injury or causes of threat of serious injury in relation to such goods may be determined. (4) For the purposes of this section- (a) developing country means a country notified by the Central Government in the Official Gazette, in this regard; ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 there under or the foreign trade policy he shall be liable to a penalty of not less than ten thousand rupees and not more than five times the value of the goods or services or technology in respect of which any contravention is made or attempted to be made, whichever is more. (3) Where any person signs or uses, or causes to be made, signed or used, any declaration, statement or document submitted to the Director General or any officer authorised by him under this Act, knowing or having reason to believe that such declaration, statement or document is forged or tempered with or false in any material particular, he shall be liable to a penalty of not less than ten thousand rupees or more than five times the value of the foods or services or technology in respect of which such declaration, statement or document had been submitted, whichever is more. (4) Where any person, on a notice to him by the adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes or cases and in such m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and costs including cost of sale remaining unpaid and shall render the surplus, if any to such person. (6) where the terms of any bond or other instrument executed under this Act or any rules made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (5), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub section. (7) without prejudice to the provisos contained in this section, the Importer Exporter Code Number of any person who fails to pay any penalty imposed under this Act, may be suspended by the Adjudicating Authority till the penalty is paid or recovered, as the case may be. (8) Where any contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy has been, is being, or is attempted to be made, the goods (including the goods connected wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2005 (21 of 2005) shall apply to the specified goods, services or technology with such exceptions, modifications and adaptations as may be specified by the Central Government by notification in the Official Gazette, (3) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of the Chapter- Shall not apply to any goods, services or technologies, or Shall apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notification. Transfer controls. 14B.(1) The Central Government may, by notification in the Official Gazette, make rules in conformity with the provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology. (2) No goods, services or technology notified under this Chapter shall be exported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act, the Weapons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technology) shall be substituted. Substitution of new section for section 16. 18. For section 16 of the principal Act, the following shall be substituted, namely- Review. 16. The Central Government in the case of any decision or order 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, 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 . Amendment of section 17. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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