Section 19 in The Foreign Trade (Development and Regulation) Act, 1992

Title: Power to make rules

Description: (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. 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).

Title: Repeal and savings

Description: (1) The Imports and Exports (Control) Act, 1947 (18 of 1947) and the Foreign Trade (Development and Regulation) Ordinance, 1992 (Ord. 11 of 1992) are hereby repealed. (2) The repeal of the Imports and Exports (Control) Act, 1947 (18 of 1947) shall, however, not affect,-- (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty, confiscation or punishment incurred in respect of any contravention under the Act so repealed; or (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that Act had not been repealed. (3) Notwithstanding the repeal of the Foreign Trade (Development and Regulation) Ordinance, 1992 (Ord. 11 of 1992), anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Title: Short title and commencement

Description: (1) This Act may be called the Government of National Capital Territory of Delhi Act, 1991. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 1. 1st February, 1992 (ss. 2, 3, 38, 39, 40 and 53), vide notification No. S.O. 97(E), dated 31st January, 1992, See Gazette of India, Extraordinary, Part II, sec. 3( ). 2nd October, 1993 [ss. 4 to 37 (both inclusive), 43 to 45 (both inclusive), 49 to 52 (both inclusive), 54 and 55], vide notification No. S.O. 735(E), dated 30th September, 1993, See Gazette of India, Extraordinary, Part II, sec. 3(ii). 25th November, 1993 (ss 46, 47 and 48), vide notification No. S.O. 894(E), dated 25th November, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 29th November, 1993 (s. 56), vide notification No. S.O. 910(E), dated 29th November, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,— (a) "article" means an article of the Constitution; (b) "assembly constituency" means a constituency provided under this Act for the purpose of elections to the Legislative Assembly; (c) "Capital" means the National Capital Territory of Delhi; (d) "Election Commission" means the Election Commission referred to in article 324; (e) "Legislative Assembly" means the Legislative Assembly of the National Capital Territory of Delhi; (f) "Scheduled Castes", in relation to the Capital, means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to the Capital.

Title: Legislative Assembly and its composition

Description: (1) The total number of seats in the Legislative Assembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy. (2) For the purpose of elections to the Legislative Assembly, the Capital shall be divided into single-member assembly constituencies in accordance with the provisions of Part III in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Capital. (3) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Capital bears to the total population of the Capital and the provisions of article 334 shall apply to such reservation. Explanation.—In this section, the expression "population" means the population as ascertained in the last preceding census of which the relevant figures have been published: 1[Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census:] 2[Provided further that any readjustment in the division of the Capital into territorial constituencies by the Delimitation Commission under the Delimitation Act, 2002 (33 of 2002) on the basis of 2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.] 1. Subs. by Act 19 of 2005, s. 5, for the proviso (w.e.f. 21-5-2005). 2. Ins. by Act 5 of 2006, s. 3 (w.e.f. 31-3-2005).