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Foreign Trade (Development and Regulation) Act, 1992 Chapter I - Preliminary Chapter II- Power of Central Govt to make orders and announce Export and Import Policy Chapter III – Importer and Exporter Code Number and Licence Chapter IV – Search, Seizure, Penalty and Confiscation Chapter V – Appeal and Revision Chapter VI – Miscellaneous Provisions
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CHAPTER I Preliminary Sec 1 Short Title and Commencement Sec 2 Definition i) Adjudicating authority ii) Appellate authority iii) Conveyance iv) Director General v) Import and Export vi) IEC
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CHAPTER II Sec 3 : Powers to make provisions relating to imports and exports - Central Govt, may publish in Official Gazette, make provision for dvpt & regulation of FT - Facilitate imports, increase exports, - Provision for prohibiting and restricting trade of certain commodities
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Sec 4 Continuance of existing Orders - All orders under Imports and Exports (Control) Act, 1947 will continue to be in force Sec 5 Export and Import Policy - Central Govt may announce the EXIM policy and amend the same, when needed. Sec 6 Appointment of Director General and his functions - Central Govt may appoint any person - DG may advise CG in formulation of EXIM policy
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CHAPTER III Sec 7 Importer exporter Code Number - No exports or imports without the granr of IEC number Sec 8 Suspension and Cancellation of IEC - Contravention of any law relating to Central Excise or customs or foreign exchange or committed any economic offence - Give the person an opportunity of being heard and making his presentation - Person whose IEC cancelled can deal with FT only on obtaining a special licence from the DG.
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Sec 9 – Issue, suspension and Cancellation of licence - Application to DG with the prescribed fees - DG scrutinize the application and check for the details and decide the issue or renewal or refuse the grant of licence
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CHAPTER IV Sec 10 Power relating to search and seizure - CG authorize any person to enter premise and search, inspect and seize of goods, documents, things, conveyances - Provisions of Code of Criminal Law, 1973 applicable Sec 11 Contravention of provisions - Contravention of provisions shall be liable to a penalty not exceeding Rs. 1000 or 5 times the value of the goods, whichever is more.
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- If the person accepts the contravention, settlement by deciding the amount of payment - Penalty unpaid will be collected as arrear in land revenue and suspension of IEC till the payment of penalty - Release of goods, conveyance or any related things will be made only on payment of the amount equivalent to the market value of the confiscated things
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Sec 12 Penalty or confiscation not to interfere with other punishment - Any penalty imposed under this act will not prevent the imposition of any other punishment Sec 13 Adjudicating Authority - Adjudge the penalty or confiscation Sec 14 giving opportunity to the owner of the goods, etc - Informing him on the grounds - Make representation in writing
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Chapter V Sec15 Appeal - Any person aggrieved by the decision or order made by the Adjudicating authority can appeal to the higher level - To be made within 45 days from the order being passed - On approval of the Appellate Authority a further extension of 30 days is permitted.
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- Decision on penalty or redemption cannot be appealed without the payment of the amount. - Enquiry will be made and final order will be passed which cannot be appealed any more. - The order by the Appellate Authority will be the final.
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Sec 16 Revision - Examine the records of any proceedings as to the correctness, legality or propriety of such decision or order made. - To be made within 2 years from the date of order
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Sec 17 Powers of Adjudicating and other Authorities - Have all powers of a civil court under the Code of Civil Procedure, 1908 - Summoning and enforcing the attendance of witness. - Requiring the discovery and production of any document - Requisitioning any public record or copy thereof from any court or office - receiving evidence on affidavits - Issuing commissions for the examination of witness or documents
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- Has the power as under 345 and 346 of the Code of Criminal Procedure, 1973. - Make interim decision and also order the stay of operation of any decision or order. - Clerical and arithmetic mistakes can be corrected.
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Chapter VI Miscellaneous Sec 18 Protection of action taken in good faith - No order made in this court shall be called in question in any court. Sec 19 Power to make rules - In discussion with the Central Govt Sec 20 Repeal and Savings - Imports and Exports (Control) Act, 1947 and Foreign Trade (Development and Regulation) Ordinance, 1992 repealed.
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