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TMI BlogTHE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2010 No. (25 of 2010)X X X X Extracts X X X X X X X X Extracts X X X X ..... In section 2 of the Foreign Trade (Development and Regulation Act, 1992 (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 supplier of another country, through commercial presence in India; (D) by a service supplier of another country, through presence of their natural persons in India; supplying, services or technology - (A) from India into the territory of any other country; (B) in India to the service consumer of any other country; (C) by a service supplier of India, through commercial presence in the territory of any other country (D) by a service supplier of India, through presence of Indian natural persons in the territory of any other country; Provided that "import" and export" in relation to the goods, servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05'. (21 of 2005) Amendment Chapter II Amendment of section 3 3. In the principal Act, in sub-heading below "Chapter II" for the words "EXPORT AND IMPORT POLICY" the words "FOREIGN TRDE POLICY" shall be substituted. 4. In section 3 of the Principal Act, - (a) in sub-section (2), - (i) for the words "import or export of goods" the words "import or export of goods or services or technology" shall be substituted; (ii) after sub-section(2), the following proviso shall be inserted, namely: - "Provided that the provisions of this sub-section shall be 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 goods shall be prohibited for import or export except, as may be required under this Act, or rules or orders made thereunder". Subst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Director 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 may be specified in the order, or cancel the Importer-exporter Code Number granted to that person"; (B) in sub-section (2), for the words "import or export any goods", the words "import or export any goods or services or technology" shall be substituted. Amendment of section 9 9. In section 9 of the principal Act, - (a) in sub-sections (1), (3), (4) and (5), for the word "licence", wherever it occurs, the words "licence, certificate, scrip or any instrument bestowing financial or fiscal benefits" shall 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 appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he causes of serous injury or causes of threat of serious injury in relation to such goods may be determined. (4) For the purposes of this section- (a) "developing country" means a country notified by the Central Government in the Official Gazette, in this regard; (b) "domestic industry" means the producers of goods (including producers of agricultural goods)- As a whole of the like goods or directly competitive goods in India; or (ii) Whose collective 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 Government may, by notification in the Official Gazette, authorize any person for the purposes of exercising such powers with respect to- (a) entering such premises where the goods are kept, stored or processed, manufa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 subordinate to him to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer; or (b) the Director General may require any officer of customs to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer of customs, as if the said amount is payable under the Customs Act, 1962; (52 of 1962.) or (c) the Director General may require the Assistant Commissioner of Customs or Deputy 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering or receptacle and any conveyances shall, subject to such conditions and requirement as may be prescribed, be liable to confiscation by Adjudicating Authority. (9) The goods (including the goods connected with services or technology) or the conveyances confiscated under sub-section (8) may be released by the Adjudicating 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 be credited to the Consolidated Fund of India. Empowering Settlement Commission for regularistion of export obligation default. 11B. Settlement of customs duty and interest thereon as ordered by the Settlement Commission as constituted under section 32 of the Central Excise Act, 1944, (1 of 1994) shall be deemed to be a settlement under this Act." Amendment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 14D. The Director General or an officer authorized by him may, by order suspend or cancel a licence to import of export or specified goods or services or technology without giving the holder of the license a reasonable opportunity of being heard but such person shall be given a reasonable opportunity of being heard within six months of such order and thereupon the Director General or the Officer so authorized may, if necessary, by order in writing, confirm, modify or revoke such order. 14E. (1) In 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovisions of any other law for the time being in force". Amendment of section 19. 21. In section 19 of the principal Act, in sub-section (2), - (a) in clause (b), for the word "licence", the words "licence, certificate, scrip or any instrument bestowing financial or fiscal benefits" shall be substituted; (b) for clause (c), the following clause shall be substituted, namely:- "(c) the class or classes of goods (including the goods connected with service or technology) for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under sub-section (2) of section 9.". (c) in clauses (d) and (e), for the word "licence", the words "licence, certificate, scrip or any instrument bestowing financial or fiscal benefits" shall be substituted; (d) after clause (e), the following clause shall be inserted namely:- "(ea) the matter in which the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under sub-section (3) of section 9A;". (e) in cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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