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FOREIGN TRADE (EXEMPTION FROM APPLICATION OF RULES IN
CERTAIN CASES) ORDER, 1993
Minitry of Commerce
Notification S.O. No. 1056 (E), dated 31-12-1993
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. Short title and commencement. —
(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.
2. Definitions. —
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 Regulations" 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 meanings
respectively assigned to them in the Act.
3. 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 Organisations 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 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;
(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 Govern-ment 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;
(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 1/3 Ib powder or one
hundred ampoules :
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 his personal use, or by any institution or hospital for its
use except —
(a) vegetable seeds exceeding one Ib. in
weight;
(b) beer;
(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 canalised 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):
(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 the 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 llth 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;
(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 reimportation 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 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);
(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 the 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 Camel-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 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 —
(i) 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
(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 Regulations
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 or
State Government in a foreign country;
(s) being foodgrains, 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;
(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 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 foodstuffs constituting
the stores or equipment of any outgoing vessel or conveyance;
(c) 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;
(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 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 by the Board of
Approval on an Export Oriented Unit of Export Processing Zone unit
will be binding on such a unit;
(j) export of Blood group Oh (Bombay Phono type)
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 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.
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