Notification No. 3/57-Cus Dated 08-01-1957
Exemption on import of specified goods by Indian officers of the same status by the Govt. of the Diplomatic Mission Concerned.-
In exercise of the powers conferred by 1[section
25 of the Customs Act, 1962 (52 of 1962)] OLD[Section 23 of the Sea Customs Act, 1878
(8 of 1878)], the Central Government hereby exempts each of the following
categories of goods imported into India and specified in column (2) of the Table
below from the whole of the duty of Customs leviable thereon which is specified
in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the
whole of the 1[the whole of the integrated
tax and goods and services compensation cess leviable thereon respectively under
sub-section (7) and (9) of section 3] OLD[additional duty leviable thereon under Section 3] of the said
Customs Tariff Act, subject to the conditions .and limitations specified against
each such category in column (3) of the said Table, namely :
Sl.No. |
Goods |
Conditions and limitations |
---|---|---|
(1) |
(2) |
(3) |
1. |
All goods, including motor vehicles, imported or purchased from bond,
for the personal use by the following classes of members of the
Diplomatic Missions in India and their families or on their behalf |
Provided that |
2. |
(i) Personal and household effects, excluding motor vehicles imported
by the officials of the Diplomatic Mission in India, other than those
holding diplomatic status, and by their families for their personal use
on their first arrival to take up their appointments in India. |
Provided that |
3. |
(i) Personal and household effects and other articles, including motor
vehicles, imported by or on behalf of the following classes of Career
Consular Officers of Foreign States and their families, Consuls-General,
Consuls (including Additional Consuls) and Vice-Consuls. |
Provided that |
3A |
(i) Personal and household effects and other articles including motor
vehicles, imported by or on behalf of the following classes of
privileged officers of Foreign States in India, stationed outside Delhi,
and their families. Deputy High Commissioners, Assistant High
Commissioners, First Secretaries, Second Secretaries, Third Secretaries
and Attaches. |
Provided that |
4. |
(i) Personal and household effects, excluding motor vehicles, imported
by the official of a Consulate of Foreign State other than the Career
Consular Officers mentioned in Serial No. 3 for their personal use, on
their first arrival to take up their appointments in India. |
Provided that |
4A |
(i) Personal and household effects, excluding motor vehicles, imported
by the official of a Deputy High Commission or an Assistant High
Commission of a foreign country in India outside Delhi, other than the
privileged officers mentioned in Serial No. 3A(i) above for their
personal use, on their first arrival to take up their appointments in
India. |
Provided that |
5. |
(i) Personal and household effects and all articles including motor
vehicles intended for personal use imported by a Trade Commissioner,
Trade Representative or a Trade Agent appointed by the Government of a
foreign or Commonwealth country and the members of their families. |
Provided that |
6 |
Personal and household effects excluding motor vehicles, imported by the officials in the office of a Trade Commissioner, Assistant Trade Commissioner, Trade Representative or a Trade Agent mentioned in Serial No. 5 for their personal use on their first arrival to take up their appointments in India. |
Provided that |
MINISTRY OF COMMERCE
(Director General of Foreign Trade)
ORDER
New Delhi the 31st December,1993
S.O. 1056(E)- in exercise of the powers conferred by section 3, read with
section 4, of the Foreign Trade (Development and Regulation) Act,1992 (22 of
1992) and in supersession of the Imports (Control) Order,1955 and the Exports
(Control) Order, 1988, except as respects things done or omitted to be done
before such supersession, the Central Government hereby makes the following
order, namely:-
Short title and commencement.
This Order may be called
the Foreign Trade (Exemption from application of Rules in certain cases)
Order, 1993,
It shall come into force on the date of its publication in the Official Gazette.
Definitions.
In this order, unless the context otherwise requires:-
"Act" means the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992);
"Import Trade
Regulations" means the Act and the rules and order made thereunder
and the export and import policy;
"Rules" means
the Foreign Trade (Regulation) Rules, 1993;
Words and expressions used in this Order and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
Exemption from the
application of rules.-
Nothing contained in the
Rules shall apply to the import of any goods,
by the Central
Government or agencies, undertakings owned and controlled by the
Central Government for Defence purposes;
by the Central
Government or any State Government Statutory Corporation, public
body or Government Undertaking run as a joint Stock Company through
the agency of the Purchase Organisations of the Ministry of Supply,
that is India Supply Mission, London and India Supply Mission,
Washington;
by the Central
Government, any State Government or any statutory corporation or
public body or Government Undertaking run as a joint Stock Company,
orders in respect of which are placed through the Directorate
General, Supplies and Disposals, New Delhi;
by transhipment or
imported and bonded on arrival for re-export as ships stores to any
country outside India except Nepal and Bhutan or imported and bonded
on arrival for re-export as aforesaid but subsequently released for
use of Diplomatic personnel, Consular Officers in India and the
officials of the United Nations Organisation and its specialised
agencies who are exempt from payment of duty under the notification
of the Government of India in the Ministry of Finance (Department of
Revenue) No. 3 dated 8th January, 1957 and the United Nations
(Privileges and Immunities) Act, 1947 (46 of 1947) respectively;
imported and bonded
on arrival for sale at approved duty-free shops, whether to outgoing
or incoming passengers, against payments in free foreign exchange;
which are in transit
through India by post or otherwise, or are redirected by post or
otherwise to a destination outside India, except Nepal and Bhutan
provided that such goods while in India are always in the custody of
the postal or customs authorities;
for transmission
across India by air to Afghanistan or by land, to any other country
outside India, except Nepal and Bhutan under claim for exemption
from duty or for refund of duty either in whole or in part:
Provided that such goods are imported by or on behalf of the
Government or a country bordering on India or that the importer
undertakes to produce within a specified period evidence that such
goods have crossed the borders of India or in default to pay such
penalty as the proper officer of customs may deem fit to impose on
such goods: provided further that nothing contained in this item
will exempt any goods from the Import Trade Regulations;
by the person as
passenger baggage to the extent admissible under the Baggage Rules
for the time being in force except quinine exceeding five hundred
tablets or 1/3 lb powder or one hundred ampoules:
Provided that in the case of imports by a tourist, articles of high
value whose reexport is obligatory under rule 7 of the tourist
Baggage Rules, 1978 shall be re-exported on his leaving India,
failing which such goods shall be deemed to be goods of which the
import has been prohibited under the Customs Act, 1962 (52 of 1962);
Provided further that the import of gold in any form including
ornaments (but excluding ornaments studded with stones or pearls)
will be allowed as part of baggage by passengers of Indian origin or
a passenger holding a valid passport issued under the passports Act,
1967 (15 of 1967) subject to the following conditions namely:-
that the
passenger importing the gold is coming to India after a period
of not less than six months of stay abroad;
the quantity of
gold imported shall not exceed 5 kilograms per passenger;
import duty on
gold shall be paid in convertible foreign currency; and
there will be no restriction on sale of such imported gold.
by any person through
the post or otherwise for his personal use, or by any institution or
hospital for its use except-
vegetable seeds
exceeding one lb. in weight;
bees;
tea;
books, magazines,
journals and literature which are not allowed to be imported
under the policy for the time being in force;
goods, the import
of which is canalised under the Policy;
alcoholic
beverages;
fire arms and
ammunition;
consumer electronic items (except hearing aids and life saving equipments, apparatus and appliances and parts thereof ) : Provided that the c.i.f value of goods imported as aforesaid at any one time shall not exceed rupees two thousand.
by or on behalf of
diplomatic personnel, consular officers and Trade Commissioners in
India who are exempted from payment of Customs duty under
Notification No. 3 dated the 8th January, 1957 of the Government of
India in the Ministry of Finance (Department of Revenue);
from any country,
which are exempted from Customs duty on re- importation under
section 20 of the Customs Act, 1962 (52 of 1962) or under Customs
Notification Nos. 113 dated 16th May, 1957, 103 dated 25th March,
1958, 260 and 261 dated 11th October, 1958, 269,271,273,274,275, and
276 dated 25th October, 1958 and 204 dated 2nd August, 1976, of the
Government of India, Ministry of Finance (Department of Revenue), or
Notification No. 174 dated the 24th September, 1966 or Notification
No. 103 dated the 16th May, 1978, of the Government of India,
Ministry of Finance (Department of Revenue and Insurance) or
Notification No. 80 dated 29th August, 1970;
of Indian manufacture
and foreign made parts of such goods, exported and received back by
the manufacture from the consignee for repair and re-export:
Provided that
the customs
authorities are satisfied that the goods received back by the
said manufacturers are the same which were so exported; and
in the case of goods other than those exempted from customs duty on re-importation under Customs Notification No. 132 dated 9th December, 1961 a bond is executed by the importer with the customs authority at the port concerned to the effect that the goods thus imported will be re-exported after repair within six months;
by officials of the
United Nations Organisation and its specialised agencies who are
exempted from payment of Customs duty under the United Nations (
Privileges and Immunities) Act, 1947 (46 of 1947);
by the Ford
Foundation who are exempt from payment of Customs duty under an
Agreement entered into between the Government of India and the Ford
Foundation;
being vehicles as
defined in Article I of the Customs Convention on the Temporary
Importation of Private Road Vehicles or the component parts thereof
referred to in Article 4 of the said Convention and which are
exempted from payment of customs duty under the notification of the
Government of India in the Ministry of Finance (Department of
Revenue) No. 296 dated the 2nd August, 1976:
Provided that
such vehicles or
component parts are reexported within the period specified in
the said notification or within such further period as the
customs authorities may allow;
the provisions of the said notification or of the "triptyque or Carnel-De-Passage" permit are not contravened in relation to such vehicle or component parts;
Provided further that nothing contained in this item shall prejudice
the application to the said vehicles or component parts of any other
prohibition or regulation affecting the import of goods that may be
in force at the time of import of such goods;
being goods imported
temporarily for display or use in fairs, exhibitions or similar
events specified in Schedule I to the notification of the Government
of India in the Ministry of Finance (Department of Revenue) No.
157/90/CUSTOMS, dated the 28th March, 1990 against ATA carnets under
the Customs Convention on the ATA Carnets for temporary admission of
goods (ATA Convention) done at Brussels on the 30th July, 1963;
Provided that
such goods are
exported within a period of six months from the date of
clearance or such extended period as the Central Government may
allow in each case; and
the provisions of the said notification or of the ATA convention are not contravened:
Provided further that nothing contained in this item shall prejudice
the application to the said goods of any other prohibition or
regulation affecting the import of goods that may be in force at the
time of import of such goods;
covered by an import
licence issued by His Majesty's Government of Nepal and the importer
furnishes a bond to the proper officer of customs in the form
prescribed by such officer with a Scheduled Bank as surety to the
effect that he shall pay the duty and pay penalty imposed for
contravening Import Trade Regulations in respect of the whole or any
portion of the goods which is not proved to have entered the
territory of Nepal;
of Indian manufacture
or by the central Government or any State Government for repair and
re-export to Indian Embassies abroad or to any other office of the
Central Government or State Government in a foreign country;
being food grains, by
Food Corporation of India: Provided that at the time of clearance, a
declaration to the effect that the import in question has been
approved by the Central Government, is furnished by the importer to
the Customs authorities;
being articles of food and edible material, which are supplied as free gift by the agencies approved by the United Nation Organisation and which are exempted from payment of customs duty under the Notification of Government of India in the Ministry of Finance (Department of Revenue) No. GSR 766 dated 21st June, 1975.
Nothing contained in the
Rules shall apply to -
any goods exported by
or under the authority of the Central Government;
any goods other than
food-stuffs constituting the stores or equipment of any outgoing
vessel or conveyance;
any goods
constituting the bona fide personal baggage of any person, including
a passenger or member of a crew in any vessel or conveyance, going
out of India:
Provided that the Wild Life (dead, alive or part thereof or produce
therefrom) shall not be treated as part of such personal baggage;
any goods exported by
post or by air under the conditions specified in postal notice
issued by the Postal Authorities;
any goods transhipped
at a port in India after having been manifested for such
transhipment at the time of despatch from a port outside India;
any goods imported
and bonded on arrival in India for re-export to any country outside
India, except Nepal and Bhutan;
any goods in transit
through India by post or any goods re- directed by post to a
destination outside India except Nepal and Bhutan;
Provided that such goods while in India are always in the custody of
the postal authorities;
any goods imported
without a valid import licence and exported in accordance with an
order for the export of such goods made by the proper officer of
Customs;
products approved for
manufacture in and export from the respective free Trade
Zones/Export Processing Zones/Special Economic Zones and 100 per
cent Export Oriented Units, except textile item covered by bilateral
agreements, exports to Rupee Payment countries under the Annual
Trade Protocol and Exports against payment in Indian Rupees to
former Rupee payment countries;
Provided that conditions imposed in the letter of Approval/letter of
indent on Export Oriented Unit or Export Processing Zone/Special
Economic Zone will be binding on such a unit;
export of Blood group
Oh (Bombay Phonotype) meant for scientific research or emergency
medical treatment as life saving measure on humanitarian grounds by
the Director, National Blood Group Reference Laboratory, Bombay on
the basis of a certificate issued by him to this effect in each
case;
export of samples of lubricating oil additives, Lube Oil, crude oil and other related petroleum products and raw materials used to manufacture Lube Additives by Lubrizols India Limited, Hindustan Petroleum Corporation Limited, and Bharat Petroleum Corporation Limited, from their installation in India to Lubrizol's Laboratories in the United States of America and the United Kingdom for evaluation and testing purposes.
[File No. 21/11/92-LS] DR. P. L. SANJEEV REDDY, Director General of Foreign Trade and Ex-Offcio Addl. Secy.
TABLE
S.No. Designation of officer
1. Director General of Foreign Trade 2. Additional Director General of Foreign Trade 3. Joint Director General of Foreign Trade 4. Deputy Director General of Foreign Trade 5. Assistant Director General of Foreign Trade 6. Controller of Imports and Exports
[File No. 21/11/92-LS] DR. P. L. SANJEEV REDDY, Director General of Foreign Trade and Ex-Officio Addl. Secy.NOTIFICATION New Delhi, the 20th January, 1999 S.O.24(E, In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in the Ministry of Commerce No. S.O. 145(E), dated 24th February 1998 published in Gazette of India (Extraordinary) Part-ii, Section 3, Sub-section (ii) except as respects things done or omitted to be done before such supersession, the Central Government hereby authorises the officers specified in column 2 of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column 3 of the said Table, namely:-TABLE
Sl.No. |
Designation of officer |
Value of the goods in relation to which the power may be exercised. |
1. |
Additional Director General of foreign Trade |
Without limit |
2. |
Zonal Jt. Director General of Foreign Trade |
Upto Rs. 10 crores |
3. |
Joint Director General of Foreign Trade |
Upto Rs. 5 crores |
4. |
Deputy Director General of Foreign Trade |
Upto Rs. 1 crores |
5. |
Assistant Director General of Foreign Trade |
Upto Rs. 10 lakhs |
6. |
Foreign Trade Development officer |
Upto Rs.5 lakhs |
[File No. 18/9/97/ECA-III]
N.L. Lakhanpal, Director General of Foreign Trade and
Ex-Officio Addl. Secy.
(1) (2) (3)
7 Development Commissioner, Without limit in respect Export Processing Zone/ of Export Oriented Units in Export Processing Zone/ under their jurisdiction.
[F.No. 18/9/97-98/ECA-III/I] N.L. Lakhanpal, Director General of Foreign Trade & Ex-Officio Addl.SecyNOTIFICATION New Delhi, the 31st December,1993 S.O. 1059(E), In exercise of the powers conferred by clause(b) of sub-section(1) of section 15 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby authorises the officers specified in column 3 of the Table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said Act and specified in column 2 of the said Table.
TABLE
S.No. Designation of Adjudicating Appellate authority authority
1. Foreign Trade Development Officer 2. Assistant Director General of Additional Director General Foreign Trade of Foreign Trade 3. Deputy Director General of Foreign Trade 4. Joint Director General of Foreign Trade 5. Addl. Director General of Additional Secretary in Foreign Trade the Ministry of Commerce aided by two Joint Secretaries and a Director of that Ministry.
[File No. 21/11/92-LS] DR. P. L. SANJEEV REDDY, Director General of Foreign Trade and Ex-Officio Addl. Secy.NOTIFICATION New Delhi, the 6th March, 2000 S.O.193(E).- In exercise of the powers conferred by clause (b) of sub-section(1) of section 15 of the Foreign Trade (Development and regulation) Act,1992 (22 of 1992), the Central Government hereby authorises the officers specified in column (3) of the table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorised by the Central Government under section 13 of the said Act and specified in column (2) of the said Table, and makes the following amendments in the notification of the Government of India in the Ministry of Commerce No.S.O.1059(E), dated the 31st December, 1993, namely :- In the said notification in the table, after serial number 5 and the entries relating thereto, the following serial number and the entries shall be inserted, namely :-
(1) (2) (3)
6 Development Commissioner Additional Secretary in the Export Processing Zone/ Ministry of Commerce aided By two Joint Secretaries & a Director of that Ministry
[F.No. 18/9/97-98/ECA-III/I] N.L. Lakhanpal, Director General of Foreign Trade & Ex-Officio Addl.Secretary.ORDER New Delhi, the 31st December, 1993 S.O. 1060(E), In exercise of the powers conferred by sub-sections (2) and (4) of section 9 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Director General authorises the officers mentioned in the Table below to grant or renew or refuse to grant or renew or to suspend or to cancel a licence for the purposes of import or export of goods.TABLE
S.NO. |
The Designation of the Officers |
The Territorial areas in respect of which the jurisdiction is to be exercised |
1. |
Additional Director General of Foreign Trade |
Throughout India |
2. |
The Export Commissioner |
Throughout India |
3. |
The Joint Director
General of Foreign Trade: |
Throughout India |
4. |
The Deputy Director
General of Foreign Trade: |
Throughout India |
5. |
The Assistant Director
General of Foreign Trade: |
Throughout India |
6. |
The Controller of Imports
and Exports: |
Throughout India |
7. |
The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone. |
Respective territorial jurisdiction of such authority. |
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade
S.NO. |
The Designation of the Officers |
The Territorial areas in respect of which the jurisdiction is to be exercised |
1. |
Additional Director General of Foreign Trade |
Throughout India |
2. |
The Export Commissioner |
Throughout India |
3. |
The Joint Director
General of Foreign Trade: |
Throughout India |
4. |
The Deputy Director
General of Foreign Trade: |
Throughout India |
5. |
The Assistant Director
General of Foreign Trade: |
Throughout India |
6. |
The Controller of Imports
and Exports: |
Throughout India |
7. |
The Development Commissioner/Joint Development Commissioner/Deputy Development Commissioner/Assistant Development Commissioner of a Free Trade Zone or an Export Processing Zone. |
Respective territorial jurisdiction of such authority. |
[File No. 21/11/92-LS]
DR. P. L. SANJEEV REDDY, Director General of Foreign Trade.
1. Substituted Vide: Notification No. 39/2017-Customs Dated 30/06/2017
as amended by [Notification No.159/66-Cus dt 27-8-1966, 112/69-Cus dt 26-7-1969, 135/69-Cus dt 20-9-1969, 56/75-Cus dt 7-6-1975, 128/86-Cus dt 17-2-1996 and 36/90-Cus (N.T.) dt 27-6-1990.]