Ministry of Commerce
Notification No. GSR 791 (E), dated 30-12-1993
In exercise of the powers conferred by Section 19 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby makes the following rules, namely:— 1. Short title and commencement.
(1) These rules may be called the Foreign Trade (Regulation) Rules, 1993. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions. — In these rules unless the context otherwise requires, — (a) "Act" means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992); (b) "charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility; (c) "importer" or "exporter" means a person who imports or exports goods and holds a valid Importer-exporter Code Number granted under section 7; (d) "licensing authority" means an authority authorised by the Director General under sub-section (2) of section 9 to grant or renew a licence under these rules; (e) "Policy" means the export and import Policy formulated and announced by the Central Government under section 5; (f) "schedule" means a Schedule appended to these rules; (g) "section" means a section of the Act;
(h) "special licence" means a licence granted under sub-section (2) of section 8; (i) "value" has the meaning assigned to it in clause (41) of section 2 of the Customs Act, 1962 (52 of 1962); (j) words and expression used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Grant of special licence. — (1) Where the Importer-exporter Code Number granted to any person has been suspended or cancelled under sub-section (1) of section 8, the Director General may, having regard to the following factors, grant to him a special licence, namely:— (1) that the denial of a special licence is likely to affect the foreign trade of India adversely; or (2) that the suspension or cancellation of the Importer-exporter Code Number is likely to lead to non-fulfilment of any obligation by India under any international agreement. (2) The special licence granted to any person under sub-rule (1) shall be non-transferable. 4. Application for grant of licence. — A person may make an application for the grant of a licence to import or export goods in accordance with the provisions of the Policy or an Order made under section 3. 5. Fee. — (1) Every application for a licence to import shall be accompanied by the fee specified in the Schedule. (2) The mode of deposit of fee shall be as specified in the Schedule. (3) No fee shall be payable in respect of any application made by: (a) the Central Government, a State Government or any department or any office of the Government; (b) any local authority for the bona fide import of goods required by it for official use; (c) any institution set up for educational, charitable or missionary purposes, for the import of goods required for its use; (d) an applicant for the import of any goods (other than a vehicle) if the import of the goods is for his personal use which is not connected with trade or manufacture. (4) The fee once received will not be refunded except in the following circumstances, namely :- (i) where the fee has been deposited in excess of the specified scale of fee; or (ii) where the fee has been deposited but no application has been made; or
(iii) where the fee has been deposited in error but the applicant is exempt from payment of fee. 6. Conditions of licence. — (1)...