13. Adjudicating Authority.—
Any penalty may be imposed or any confiscation may be adjudged
under this Act by the Director General or, subject to such limits as may be specified, by such other officer
as the Central Government may, by notification in the Official Gazette, authorise in this behalf.
1. Ins. by Act 25 of 2010, s. 13 (w.e.f.27-8-2010).
9
14. Giving of opportunity to the owner of the 1[goods (including the goods connected with
services or technology)], etc.—No order imposing a penalty or of adjudication of confiscation shall be
made unless the owner of the 1[goods (including the goods connected with services or technology)] or
conveyance, or other person concerned, has been given a notice in writing—
(a) informing him of the grounds on which it is proposed to impose a penalty or to confiscate
such 1[goods (including the goods connected with services or technology)] or conveyance; and
(b) to make a representation in writing within such reasonable time as may be specified in the
notice against the imposition of penalty or confiscation mentioned therein, and, if he so desires, of
being heard in the matter.
2
[CHAPTER IVA
CONTROLS ON EXPORT OF SPECIFIED GOODS, SERVICES AND TECHNOLOGY
14A. Controls on export of specified goods, services and technology.—
(1) In regard to controls on
export of specified goods, services and technology referred to in this Chapter, the Weapons of Mass
Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) shall
apply to exports, transfers, re-transfers, brought in transit, trans-shipment of, and brokering in specified
goods, technology or services.
(2) All terms, expressions or provisions of the Weapons of Mass Destruction and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) shall apply to the specified goods,
services or technology with such exceptions, modifications and adaptations as may be specified by the
Central Government by notification in the Official Gazette.
(3) The Central Government may, by notification in the Official Gazette, direct that any of the
provisions of this Chapter—
(a) shall not apply to any goods, services or technologies, or
(b) shall apply to any goods, services or technologies with such exceptions, modifications and
adaptations as may be specified in the notification.
14B. Transfer controls.—
(1) The Central Government may, by notification in the Official Gazette,
make rules in conformity with the provisions of the Weapons of Mass Destruction and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) for, or, in connection with, the
imposition of controls in relation to transfer of specified goods, services or technology.
(2) No goods, services or technology notified under this Chapter shall be exported, transferred,
re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act, the
Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
(21 of 2005) or any other relevant Act.
14C. Catch-all controls.—No person shall export any material, equipment or technology knowing
that such material, equipment or technology is intended to be used in the design or manufacture of a
biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their
missile delivery systems.
14D. Suspension or cancellation of a licence.—The Director General or an officer authorised by
him may, by order, suspend or cancel a licence to import or export of specified goods or services or
technology without giving the holder of the licence a reasonable opportunity of being heard but such
person shall be given a reasonable opportunity of being heard within six months of such order and
thereupon the Director General or the officer so authorised may, if necessary, by order in writing,
confirm, modify or revoke such order.
1. Subs. by Act 25 of 2010, s. 14, for “goods” (w.e.f. 27-8-2010).
2. Ins. by s. 15, ibid. (w.e.f.27-8-2010).
10
14E. Offences and penalties.—
(1) In case of a contravention relating to specified goods, services or
technologies, the penalty shall be in accordance with the provisions of the Weapons of Mass Destruction
and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005).
(2) Where any person contravenes or attempts to contravene or abets, any of the provision
(s) of this
Chapter in relation to import or export of any specified goods or services or technology, he shall, without
prejudice to any penalty which may be imposed on him, be punishable with imprisonment for a term
stipulated in the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful
Activities) Act, 2005 (21 of 2005).
(3) No court shall take cognizance of any offence punishable under this Chapter without the previous
sanction of the Central Government or any officer authorised in this behalf by the Central Government by
general or special order.]
CHAPTER V
APPEAL AND 1[REVIEW]
15. Appeal.—
(1) Any person aggrieved by any decision or order made by the Adjudicating Authority
under this Act may prefer an appeal,—
(a) where the decision or order has been made by the Director General, to the Central
Government;
(b) where the decision or order has been made by an officer subordinate to the Director General,
to the Director General or to any officer superior to the Adjudicating Authority authorised by the
Director General to hear the appeal,
within a period of forty-five days from the date on which the decision or order is served on such person:
Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within the aforesaid period, allow such appeal to be preferred
within a further period of thirty days:
Provided further that in the case of an appeal against a decision or order imposing a penalty or
redemption charges, no such appeal shall be entertained unless the amount of penalty or redemption
charges has been deposited by the appellant:
Provided also that, where the Appellate Authority is of opinion that the deposit to be made will cause
undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally
or subject to such conditions as it may impose.
(2) The Appellate Authority may, after giving to the appellant a reasonable opportunity of being
heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, make
such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or
may send back the case with such directions, as it may think fit, for a fresh adjudication or decision, as the
case may be, after taking additional evidence, if necessary:
Provided that an order enhancing or imposing a penalty or redemption charges or confiscating 2[the
goods (including the goods connected with services or technology)] of a greater value shall not be made
under this section unless the appellant has been given an opportunity of making a representation, and, if
he so desires, of being heard in his defence.
(3) The order made in appeal by the Appellate Authority shall be final.
3
[16. Review.—The Central Government, in the case of any decision or order made by the Director
General, or the Director General in the case of any decision or order made by any officer subordinate to
him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for
1. Subs. by Act 25 of 2010, s. 16, for “REVISION” (w.e.f.27-8-2010).
2. Subs. by s. 17, ibid., for “goods” (w.e.f.27-8-2010).
3. Subs. by s. 18, ibid., for section 16 (w.e.f.27-8-2010).
11
the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of
such decision or order and make such orders thereon as may be deemed fit:
Provided that no decision or order shall be varied under this section so as to prejudicially affect any
person unless such person—
(a) has, within a period of two years from the date of such decision or order, received a notice to
showcause why such decision or order shall not be varied; and
(b) has been given a reasonable opportunity of making representation and, if he so desires, of
being heard in his defence.]
17. Powers of Adjudicating and other Authorities.—
(1) Every authority making any adjudication
or hearing any appeal or exercising any powers of 1[review] under this Act shall have all the powers of a
civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the
following matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every authority making any adjudication or hearing any appeal or exercising any powers of
1
[review] under this Act shall be deemed to be a civil court for the purposes of sections 345 and 346 of
the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Every authority making any adjudication or hearing any appeal or exercising any powers of
1
[review] under this Act shall have the power to make such orders of an interim nature as it may think fit
and may also, for sufficient cause, order the stay of operation of any decision or order.
(4) Clerical or arithmetical mistakes in any decision or order or errors arising therein from any
accidental slip or omission may at any time be corrected by the authority by which the decision or order
was made, either on its own motion or on the application of any of the parties:
Provided that where any correction proposed to be made under this sub-section will have the effect of
prejudicially affecting any person, no such correction shall be made except after giving to that person a
reasonable opportunity of making a representation in the matter and no such correction shall be made
after the expiry of two years from the date on which such decision or order was made.
CHAPTER VI
MISCELLANEOUS
18. Protection of action taken in good faith.—No order made or deemed to have been made under
this Act shall be called in question in any court, and no suit, prosecution or other legal proceeding shall lie
against any person for anything in good faith done or intended to be done under this Act or any order
made or deemed to have been made thereunder.
2
[18A. Application of other laws not barred.—The provisions of this Act shall be in addition to,
and not in derogation of, the provisions of any other law for the time being in force.]
19. Power to make rules.—
(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
1. Subs. by Act 25 of 2010, s. 19, for “Revision” (w.e.f.27-8-2010).
2. Ins. by s. 20, ibid. (w.e.f.27-8-2010).
12
(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).
13
20. Repeal and savings.—
(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.
14
