19Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner in which and the conditions subject to which a special licence may be issued under sub-section (2) of section 8;
(b) the exceptions subject to which and the person or class of persons in respect of whom fees may belevied and the manner in which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted or renewed under sub-section (1) of section 9;
2 [(c) the class or classes of goods (including the goods connected with service or technology) for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under sub-section (2) of section 9;]
(d) the form in which and the terms, conditions and restrictions subject to which 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be granted under sub-section (3) of section 9;
(e) the conditions subject to which a 1 [licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] may be suspended or cancelled under sub-section (4) of section 9;
3 [(ea) the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under sub-section (3) of section 9A;]
(f) the premises, 4 [goods (including the goods connected with the service or technology)], documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under sub-section (1) of section10;
(g) the class or classes of cases for which and the manner in which an amount, by way of settlement, may be determined under 5 [sub-section (4) of section 11];
6 [(h) the requirements and conditions subject to which goods (including the goods connected with the service or technology) and conveyances shall be liable to confiscation under sub-section (8) of section 11;]
7 [(i) the manner in which and the conditions subject to which goods (including the goods connected with the service or technology) and conveyances may be released on payment of redemption charges under sub-section (9) of section 11];
(j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.
(3) Every rule and every Order made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or the Order or both Houses agree that the rule or the Order should not be made, the rule or the Order, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or the Order.
Download our fully-offline, High speed android app.- Click here
1 Subs. by Act 25 of 2010, s. 21, for "licence" (w.e.f.27-8-2010).
2 Subs. by s. 21, ibid., for clause (c) (w.e.f.27-8-2010).
3 Ins. by s.21, ibid. (w.e.f.27-8-2010).
4 Subs. by s. 21, ibid., for "goods" (w.e.f.27-8-2010).
5 Subs. by s. 21, ibid., for "sub-section (3) of section 11" (w.e.f.27-8-2010).
6 Subs. by s. 21, ibid., for clause (h) (w.e.f.27-8-2010).
7 Subs. by s. 21, ibid., for clause (i) (w.e.f.27-8-2010).
- 1 Short title and commencement
- 2 Definitions
- 3 Powers to make provisions relating to imports and exports
- 4 Continuance of existing orders
- 5 Foreign Trade Policy
- 6 Appointment of Director General and his functions
- 7 Importer-exporter Code Number
- 8 Suspension and cancellation of Importer-exporter Code Number
- 9 Issue, suspension and cancellation of licence
- 9A Power of Central Government to impose quantitative restrictions
- 10 Power relating to search and seizure
- 11 Contravention of provisions of this Act, rules, orders and foreign trade policy
- 11A Crediting sums realised by way of penalties in Consolidated Fund of India
- 11B Empowering Settlement Commission for regularisation of export obligation default
- 12 Penalty or confiscation not to interfere with other punishment
- 13 Adjudicating Authority
- 14 Giving of opportunity to the owner of the goods (including the goods connected with services or technology), etc
- 14A Controls on export of specified goods, services and technology
- 14B Transfer controls
- 14C Catch-all controls
- 14D Suspension or cancellation of a licence
- 14E Offences and penalties
- 15 Appeal
- 16 Review
- 17 Powers of Adjudicating and other Authorities
- 18 Protection of action taken in good faith
- 18A Application of other laws not barred
- 19 Power to make rules
- 20 Repeal and savings