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 :—
(1) This
Order may be called the Foreign Trade (Exemption from Application of Rules in
Certain Cases) Order, 1993.
(2)
It shall come into force on the date
of its publication in the Official Gazette.
In
this Order, unless the context otherwise requires—
(a) “Act”, means the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992);
(b) “Import Trade Regulation”, means the
Act and the rules and order made thereunder and the export and import policy;
(c) “Rules”, means the Foreign Trade
(Regulation) Rules, 1993;
(d) words and expressions used in this
Order and not defined, but defined, in the Act shall have the meaning respectively assigned to them in the
Act.
Exemption from the application of rules.
(1)
Nothing contained in the Rules shall
apply to the import of any goods—
(a) by the
Central Government or agencies, undertakings owned and controlled by the
Central Government for Defence purposes;
(b) 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 Organizations of the Ministry of Supply, that is, India Supply
Mission, London and India Supply Mission, Washington;
(c) 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;
(d) 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 specialized 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;
(e) imported
and bonded on arrival for sale at approved duty-free shops, whether to outgoing
or incoming passengers, against payments in free foreign exchange;
(f) 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;
(g) 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 border ing 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;
(h) 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
1/2 lb. powder or one hundred ampules:
Provided that in the case of imports by a tourist, articles of
high value whose re-export 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:—
(a) that
the passenger importing the gold is coming to India after a period of not less
than six months of stay abroad;
(b) the
quantity of gold imported shall not exceed 5 kilograms per passenger;
(c) import duty on gold shall be paid in
convertible foreign currency; and
(d) there
will be no restriction on sale of such imported gold—
(i) by
any person through the post or otherwise for this personal use, or by any institution or hospital for its use except—
(a) vegetable
seeds exceeding one lb. in weight;
(b) bees;
(c) tea;
(d) books,
magazines, journals and literature which are not allowed to be imported under
the Policy for the time being in force;
(e) goods,
the import of which is canalized under the Policy;
(f) alcoholic beverages;
(g) fire-arms
and ammunition;
(h) 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;
(j) 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 8th January, 1957, of the Government of India in the Ministry of Finance (Department of Revenue);
(k) 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 24th September,
1966, or Notification No. 103, dated 16th May, 1978, of the Government of
India, Ministry of Finance (Department of Revenue and Insurance) or
Notification No. 80, dated 29th August, 1970;
(l) of
Indian manufacture and foreign made parts of such goods, exported and received
back by the manufacturer from the consignee for repair and re-export :
Provided that—
(i) the
customs authorities are satisfied that the goods received back by the said
manufacturers are the same which were so exported; and
(ii) 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;
(m) by
officials of the United Organisation and its specialized agencies who are
exempted from payment of customs duty under the United Nations (Privileges and
Immunities) Act, 1947 (46 of 1947) ;
(n) 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;
(o) 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 2nd August, 1976 :
Provided that—
(i) such vehicles or component parts are
re-exported within the period specified in the said
notification or within such further period as the customs authorities may
allow;
(ii) 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;
(p) 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
28th March, 1990, against ATA Cornets under the Customs Convention on the ATA
Cornets for temporary admission of goods (ATA Convention) done at Brussels on
the 30th July, 1963 :
Provided that—
(i) such
goods are exported within a period of six months from the date of clearance of
such extended period as the Central Government allow in each case; and
(ii) 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;
(q) 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
control regulation in respect of the whole or any portion of the goods which is
not proved to have entered the territory of Nepal;
(r) 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 in a foreign country;
(s) being
foodgrains, by the 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;
(t) being
articles of food and edible material, which are supplied as free gift by the
agencies approved by the United Nations Organisation 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. GSR 766, dated 21st
June, 1975.
(2)
Nothing contained in the Rules shall
apply to—
(a) any
goods exported by or under the authority of the Central Government;
(b) any goods other than food-stuffs
constituting the stores or equipment of any outgoing vessel or conveyance;
(c) any
goods constituting the bona fide personnel 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;
(d) any
goods exported by post or by air under the conditions specified in postal
notice issued by the Postal Authorities;
(e) 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;
(f) any
goods imported and bonded on arrival in India for re-export to any country
outside India, except Nepal and Bhutan;
(g) 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;
(h) 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;
(i) products
approved for manufacture in and export from the respective Free Trade
Zones/Export Processing Zones and 100 per cent Export Oriented Units except
textile items 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 by the Board of Approval on
an Export Oriented Units or Export Processing Zone unit will be binding on such
a unit;
(j) 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;
(k) 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 the
Lubrizol India Limited, the Hindustan Petroleum Corporation Limited and the
Bharat Petroleum Corporation Limited, from their installations in India to
Lubrizol’s Laboratories in the United States of America and the United Kingdom
for evaluation and testing purposes.