Import policy amendments by public notice were valid where the policy reserved power to change appendices in public interest.

The import policy for 1985-88 reserved to the Government power to amend the policy in public interest by public notice or amendment order. Changes to the policy appendices, including moving cinnamon, cassia and cloves from the general import list to the canalised list, were therefore validly made by public notice. Although deletion from the schedule to the open general licence required an order under the Imports and Exports (Control) Act, 1947, no legal infirmity was shown in the policy amendment itself or in canalising imports through public sector agencies. The challenge to the amendment failed.

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Issues: Whether the amendments to the import policy, including the shift of cinnamon/cassia and cloves from the general import appendix to the canalised appendix by public notice, were legally valid.

Analysis: The import policy for 1985-88 expressly reserved to the Government the power to make amendments or changes in public interest and stated that such amendments would be notified by public notices or amendment orders. The deletion of the items from the schedule to the open general licence required an order under Section 3 of the Imports and Exports (Control) Act, 1947, but the corresponding changes in the policy appendices could validly be effected by public notice. No legal infirmity was shown in the addition of the items to Appendix 5, and the canalisation of imports through public sector agencies was consistent with the policy framework.

Conclusion: The amendment by public notice was valid and the challenge failed.

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