3Powers to make provisions relating to imports and exports
1 Powers to make provisions relating to imports and exports.--(1) The Central Government may, by Order published in the Official Gazette, make provision for the development and regulation of foreign trade by facilitating imports and increasing exports.
(2) The Central Government may also, by Order published in the Official Gazette, make provision for prohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the Order, the 2 [import or export of goods or services or technology]:
3 [Provided that the provisions of this sub-section shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefits under the foreign trade policy or is dealing with specified services or specified technologies.]
(3) All goods to which any Order under sub-section (2) applies shall be deemed to be goods the import or export of which has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962) and all the provisions of that Act shall have effect accordingly.
3 [(4) Without prejudice to anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export of any goods, nor any goods shall be prohibited for import or export except, as may be required under this Act, or rules or orders made thereunder.]
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1. Subs. by s.3, ibid., for "EXPORT AND IMPORT POLICY" (w.e.f.27-8-2010).
2. Subs. by Act 25 of 2010, s. 4, for "import or export of goods" (w.e.f.27-8-2010).
3. Ins. by s. 4, ibid.(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