3. 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.
1. Ins. by Act 25 of 2010, s. 2 (w.e.f.27-8-2010).
2. Subs. by s.3, ibid., for “EXPORT AND IMPORT POLICY” (w.e.f.27-8-2010).
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(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 1
[import or export of goods or services
or technology]:
2
[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.
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[(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.]
4. Continuance of existing orders.—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.
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[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.]
6. Appointment of Director General and his functions.—(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 4
[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.