The Foreign Trade (Development and Regulation) Act, 1992
An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from, India and for matters connected therewith or incidental thereto.
Administered by. Ministry of Commerce and Industry, Department of Commerce · Other Acts of 1992
Preamble
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992
ACT NO. 22 OF 1992
[7th August, 1992.] An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from, India and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:--
What this Act covers
Summary of the Foreign Trade (Development and Regulation) Act, 1992
Overview
Enactment: By Parliament in the Forty-third Year of the Republic of India Commencement:
• Sections 11 to 14 came into force at once.
• Remaining provisions deemed to have come into force on 19th June, 1992.
Key Provisions
1. Powers of Central Government
• Make Orders for developing and regulating foreign trade (Imports & Exports).
• Prohibit, restrict, or regulate imports/exports of goods, services, or technology.
• Formulate and announce Foreign Trade Policy (FTP) and amend it.
2. Director General of Foreign Trade
• Appointment by Central Government.
• Advises on FTP formulation and is responsible for its implementation.
• May be delegated certain powers by the Central Government.
3. Definitions
• Import/Export: Broadly defined for goods, services, and technology, with specific clauses for services and technology.
• Services/Technology: Defined with clarity on what constitutes supply/import/export.
• Other key definitions: Adjudicating Authority, Appellate Authority, Conveyance, etc.
4. Regulatory Framework
• Licenses: Not necessary unless required under this Act or its rules/orders.
• Prohibitions/Restrictions: Goods under prohibition/regulation deemed so under the Customs Act, 1962.
• Continuance of Existing Orders: Orders under the Imports and Exports (Control) Act, 1947, continue unless inconsistent.
5. Repeal and Savings
• Repeals the Imports and Exports (Control) Act, 1947, and the Foreign Trade (Development and Regulation) Ordinance, 1992.
• Savings clause for previous operations, rights, and liabilities under the repealed Acts.
6. Penalty, Confiscation, and Adjudication
• Power of Search and Seizure (mentioned but details not provided in the context).
• Contraventions: Lead to penalty/confiscation (details not provided).
• Adjudicating Authority: Established for deciding on contraventions.
• Owner's Opportunity: Right to be heard before action on seized goods.
Sections
Type to filter. 29 sections.
- 1Short title and commencement
- 2Definitions
- 3Powers to make provisions relating to imports and exports
- 4Continuance of existing orders
- 5Foreign Trade Policy
- 6Appointment of Director General and his functions
- 7Importer-exporter Code Number
- 8Suspension and cancellation of Importer-exporter Code Number
- 9Issue, suspension and cancellation of licence
- 9APower of Central Government to impose quantitative restrictions
- 10Power relating to search and seizure
- 11Contravention of provisions of this Act, rules, orders and foreign trade policy
- 11ACrediting sums realised by way of penalties in Consolidated Fund of India
- 11BEmpowering Settlement Commission for regularisation of export obligation default
- 12Penalty or confiscation not to interfere with other punishment
- 13Adjudicating Authority
- 14Giving of opportunity to the owner of the goods (including the goods connected with services or technology), etc
- 14AControls on export of specified goods, services and technology
- 14BTransfer controls
- 14CCatch-all controls
- 14DSuspension or cancellation of a licence
- 14EOffences and penalties
- 15Appeal
- 16Review
- 17Powers of Adjudicating and other Authorities
- 18Protection of action taken in good faith
- 18AApplication of other laws not barred
- 19Power to make rules
- 20Repeal and savings
Amending Acts
1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.
- The Foreign Trade (Development and Regulation) Amendment Act, 201022 of 2010
Rules made under this Act
5 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- Foreign Trade (Regulation)(Amendment) Rules, 20152015
- The Safeguards Measures (Quantitative Restrictions) Rules 20122012
- The Foreign Trade(Development and Regulation) Amendment Act, 20102010
- Foreign Trade (Exemption from application of Rules in certain cases) Order 1993)1993
- Foreign Trade(Regulation) Rules 19931993
Related Acts
- The Spices Board Act, 198643 sections
- The Agricultural and Processed Food Products Export Development Authority Act, 198538 sections
- The Trade Marks Act, 1999169 sections
- The Geographical Indications of Goods (Registration and Protection) Act, 199989 sections
- The Semiconductor Integrated Circuits Layout-Design Act, 200096 sections
- The Designs Act, 200048 sections
- The Special Economic Zones Act, 200558 sections
- The Tobacco Board Act, 197541 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 29 sections of this Act has its own page. This page is not a substitute for legal advice.