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TMI BlogPower of Central Government to apply safeguard measuresX X X X Extracts X X X X X X X X Extracts X X X X ..... e, as the Central Government may consider appropriate, to curb the increased quantity of imports of an article to prevent serious injury to domestic industry: Provided that no such measure shall be applied on an article originating from a developing country so long as the share of imports of that article from that country does not exceed three per cent. or where the article is originating from more than one developing country, then, so long as the aggregate of the imports from each of such developing countries with less than three per cent. import share taken together, does not exceed nine per cent. of the total imports of that article into India: Provided further that the Central Government may, by notification in the Official Gazette, exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard measures applied under sub-sections (2), (3), (4) and (5), shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone, unless- (i) it is specifically made applicable in such notification or to such undertaking or 5 [ unit; or ] (ii) such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, safeguard measures shall be applied on the portion of the article so cleared or used, as was applicable when it was imported into India. 6 [ Explanation . For the purposes of this sub-section,- (a) the expression hundred per cent. export-oriented undertaking shall have the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es leviable under that Act or all rules or regulations made thereunder, as the case may be. ] (10) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing power, such rules may provide for- (i) the manner in which articles liable for safeguard measures may be identified; (ii) the manner in which the causes of serious injury or causes of threat of serious injury in relation to identified article may be determined; (iii) the manner of assessment and collection of safeguard duty; (iv) the manner in which tariff-rate quota on identified article may be allocated among supplying countries; (v) the manner of implementing tariff-rate q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. ] ********************** Notes: 1. Inserted vide Finance (No. 2) Act, 2009, w.e.f. 14-5-1997 2. Substituted vide THE FINANCE (No. 2) ACT, 2014 , before it was read as, unless specifically made applicable in such notification or such imposition, as the case may be, shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a free trade zone or in a special economic zone. 3. Omitted vide THE FINANCE (No. 2) ACT, 2014 before it was read as, free trade zone . 4. Substituted vide Finance Act, 2020 dated 27-03-2020 before it was read as Power of Central Government to impose safeguard duty. - SECTION 8B. (1) If the Central Government, after conducting such enquiry as it deems fit, is satisfied that any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndustry, it shall refund the duty so collected : Provided further that the provisional safeguard duty shall not remain in force for more than two hundred days from the date on which it was imposed. (2A) Notwithstanding anything contained in sub-section (1) and sub-section (2), a notification issued under sub-section (1) or any safeguard duty imposed under sub-section (2), 2 [shall not apply to articles imported by a hundred per cent. export-oriented undertaking or a unit in a special economic zone unless,- (i) specifically made applicable in such notifications or such impositions, as the case may be; or (ii) the article imported is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the duty chargeable under this section as they apply in relation to duties leviable under that Act.] (5) The Central Government may, by notification in the Official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for safeguard duty may be identified and for the manner in which the causes of serious injury or causes of threat of serious injury in relation to such articles may be determined and for the assessment and collection of such safeguard duty. (6) For the purposes of this section, - (a) developing country means a country notified by the Central Government in the Official Gazette for the purposes of this sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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