TaxTMI 
TaxTMI 
TaxTMI 
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2010
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....this Act shall be construed as are reference to the coming into force of that provision. Amendment of section 2 2. 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 ....
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....nant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which India is a party or its agreement with a foreign country under the foreign trade policy formulated and notified under section 5 of the Act; (m) "technology" means any information (including information embodied in software), other than information in the public domain, that is capable of being used in -. (i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of service of any kind. Explanation - For the purpose of this clause - when technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used in the development, production....
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....overnment may direct that, in respect of the Special Economic Zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the Official Gazette ". Amendment of section 6. 6. In section 6 of the principal Act, in sub-section (2), for the words "export and import policy" the words "foreign trade policy" shall be substituted. Amendment of section 7. 7. In section 7 of the principal Act, the following proviso shall be inserted, namely- "Provided that in case of import or export of services or technology the Importer-exporter Code Number shall be necessary only when the service or technology provider is taking benefit under the foreign trade policy or is dealing with specified services or specified technologies". Amendment of section 8 8. In section 8 of the principal Act, - (A) for sub-section (1), the following sub-section shall be substituted namely- ....
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....e 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 application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and, grant or renew or refuse to grant or renew certificate, scrip or any instrument bestowing financial or fiscal benefit after recording in writing his reasons for such refusal.". Insertion of new Chapter IIIA 10. After Chapter III of the Principal Act, the following Chapter shall be inserted namely:- CHAPTER IIIA QUANTITATIVE RESTRICTIONS Power of Central Government to impose quantitative restrictions 9 (A). (1)If the Central Government, after conducting such enquiry as it deems fit, is satisfied that any goods are imported into India in such increased quantities and under such conditions as to cause or threate....
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....ompetitive 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, manufactured, traded or supplied or received for the purposes of import or export and searching inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods ....
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....g Authority, admits any 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 Custom....
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....hout prejudice to the provisos contained in this section, the Importer Exporter Code Number of any person who fails to pay any penalty imposed under this Act, may be suspended by the Adjudicating Authority till the penalty is paid or recovered, as the case may be. (8) Where any contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy has been, is being, or is attempted to be made, the goods (including the goods connected with services or technology) together with any package, covering 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 section....
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....ll apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notification. Transfer controls. 14B.(1) The Central Government may, by notification in the Official Gazette, make rules in conformity with the provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology. (2) No goods, services or technology notified under this Chapter shall be exported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act, the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) or any other relevant Act. Catch-all controls. 14C. No person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manu....
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....e following shall be substituted, namely- Review. 16. "The Central Government in the case of any decision or order made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit: Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person- (a) has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and (b) has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence". Amendment of section 1....