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THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2010

APPENDIX 38D - Old_Provisions - Appendix - DGFT - APPENDIX 38D - APPENDIX 38 D The following Act of Parliament received the assent of the President on 19th August, 2010, and is hereby published for general information:- No.(25 of 2010) [19th August, 2010] An Act to amend the Foreign Trade (Development and Regulation) Act, 1992. Be it enacted by Parliament in the Sixty-first year of the Republic of India as follows:- Short title and commencement. 1. (1) This Act may be called the Foreign Trade(De .....

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92 (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 suppli .....

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rritory of any other country; Provided that import and export in relation to the goods, services and technology regarding Special Economic Zone or between two Special Economic Zones shall be governed in accordance with the provisions contained in the Special Economic Zones Act, 2005 . (28 of 2005) (b) after clause (i), the following clauses shall be inserted, namely- (j) services means service of any description which is made available to potential users and includes all the tradable services sp .....

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which is prohibited or restricted because of imposition of conditions on the grounds of their being pertinent or relevant to India as a Nuclear Weapon State, to the national security of India, to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, convenant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which India is a party or its agreement with a foreign country und .....

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s described wholly or partly by reference 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 .....

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applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies . (b) after sub-section (3), the following sub- section shall be inserted, namely - (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 goo .....

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vernment 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 . Amendment of section 6. 6. In section 6 of the principal Act, in sub-section (2), for the words export and import policy the words foreign trade policy shall be substituted. Amendment of section 7. 7. In section 7 of the principal Act, .....

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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 authorized by him has reason to believe that any per .....

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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, of being heard, suspend for a period, as ma .....

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be substituted; (b) for sub-section(2), the following sub-section shall be substituted, namely - (2) The Director General or an officer authorized by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and, grant or renew or refuse to grant or renew certificate, scrip or any instrument bestowing financial or fiscal benefi .....

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n to cause serious injury to domestic industry, it may, by notification in the Official Gazette, impose such quantitative restrictions on the import of such goods as it may deem fit: Provided that no such quantitative restrictions shall be imposed on any goods originating from a developing country so long as the share of imports of such goods from that country does not exceed three per cent, or where such goods originate from more than one developing country, then, so long as the aggregate of th .....

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on 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 sec .....

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e output of the like goods or directly competitive goods in India constitutes a major share of the total production of the said goods in India; (c) serious injury means as injury causing significant overall impairment in the position of a domestic industry; (d) threat of serious injury means a clear and imminent danger of serious injury. . Amendment of section 10. 11. In section 10 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely- (1) The Central .....

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g provided, supplied, received, consumed or utilized and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology, Subject to such requirements and conditions, and with approval of such officer, as may be prescribed: Provided that the provisions of causes (b) shall be applicable, in case of import of export of services or technology, only when the service or technology provider is availing benefit under th .....

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force. (2) Where 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 .....

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hichever 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 manner as may be prescribed, determine, by way of settlement, an amount to be paid by the person. (5) A penalty imposed under this Act may, if it is not paid, by any person, be recovered by any one or more of the following modes, namely:- (a) the Director General may deduct or require any officer subordin .....

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puty Commissioner of Customs or any other officer of Customs to recover the amount so payable by detaining or selling any goods (including the goods connected with services or technology) belonging to such person which are under the control of the Assistant Commissioner of Customs or Deputy Commissioner or Customs or any other officer of Customs, as if the said amount is payable under the Customs Act, 1962; (52 of 1962.) or (d) if the amount cannot be recovered from such person in the manner pro .....

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officer authorised by him (including an officer of Customs who shall then exercise his powers under the Customs Act, 1962) (52 of 1992) and in accordance with the rules made in this behalf, detain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid, as if the said amount is payable under the Customs Act, 1962; and in case, any part of the said amount payable or of the cost of the distress or keeping of the prope .....

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), 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 thereun .....

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icating Authority, in such manner and subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods, or conveyance, as the case may be. Insertion of new sections 11A and 11B. 13. After section 11 of the principal Act, the following sections shall be inserted, namely:- Crediting sums realized by way of penalties in consolidated Fund of India. 11A. All sums realized by way of penalties under this Act shall .....

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ncluding the goods connected with services or technology) shall be substituted. Insertion of a new Chapter IVA. 15. After Chapter IV of the principal Act, following Chapter shall be inserted, namely:- CHAPTER IVA CONTROLS ON EXPORT OF SPECIFIED GOODS, SERVICES AND TECHNOLOGY Controls on export of specified goods, services and technology. 14A.(1) In regard to controls on export of specified goods, services and technology referred to in this chapter, the Weapons of Mass Destruction and their Deliv .....

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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, .....

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pons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) or any other relevant Act. Catch-all controls. 14C. No person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems. Suspension or cancellation of a licence 14 .....

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case of a contravention relating to specified goods, services or technologies, the penalty shall be accordance with the provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. (21 of 2005) (2) Where any person contravenes or attempts to contravene or abets, any of the provision(s) of this Chapter in relation to import or export of any specified goods or services or technology, he shall, without prejudice to any penalty which may b .....

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below CHAPTER V , for the word REVISION , the word REVIEW shall be substituted. Amendment of section 15 17. In section 15 of the principal Act, in sub-section (2), in the proviso, for the word goods , the words and brackets the goods (including the goods connected with services or 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 .....

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tion 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. 19. In section 17 of the principal Act, for the word Revision wherever it occurs, the word Review shall be substituted. In .....

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