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):
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 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;
(1) 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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