Section 3 in The Foreign Trade (Development and Regulation) Act, 1992

Title: Powers to make provisions relating to imports and exports

Description: 1Powers 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.] 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).

Title: Continuance of existing orders

Description: All Orders made under the Imports and Exports (Control) Act, 1947 (18 of 1947), and in force immediately before the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act, continue to be in force and shall be deemed to have been made under this Act.

Title: Foreign Trade Policy

Description: 1[5. Foreign Trade Policy.-- The Central Government may, from time to time, formulate and announce, by notification in the Official Gazette, the foreign trade policy and may also, inlike manner, amend that policy: Provided that the Central Government 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.] 1 Subs. by s. 5,ibid., for section 5 (w.e.f.27-8-2010).

Title: Appointment of Director General and his functions

Description: (1) The Central Government may appoint any person to be the Director General of Foreign Trade for the purposes of this Act. (2) The Director General shall advise the Central Government in the formulation of the 1[foreign trade policy] and shall be responsible for carrying out that policy. (3) The Central Government may, by Order published in the Official Gazette, direct that any power exercisable by it under this Act (other than the powers under sections 3, 5, 15,16 and 19) may also be exercised, in such cases and subject to such conditions, by the Director General or such other officer subordinate to the Director General, as may be specified in the Order. 1 Subs. by s. 6, ibid., for "export and import policy" (w.e.f.27-8-2010).

Title: Importer-exporter Code Number

Description: No person shall make any import or export except under an Importer-exporter Code Number granted by the Director General or the officer authorised by the Director General in this behalf, in accordance with the procedure specified in this behalf by the Director General: 1[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 benefits under the foreign trade policy or is dealing with specified services or specified technologies.] 1 Ins. by s. 7, ibid. (w.e.f.27-8-2010).