c S


 


Since Independence, India has made a lot of progress in agriculture in terms
of growth in output, yields and area under crops.

It has gone through a -

c Àreen Revolution (food grains)
c 3hite Revolution (milk)
c aellow Revolution (oilseeds) and
c xlue Revolution (aquaculture).

Today, India is one of the largest producers of milk, fruits, cashew nuts,
coconuts and tea in the world. It is also well known for the production of
wheat, vegetables, sugar, fish, tobacco and rice.

Certain types of agriculture such as horticulture, organic farming,

floriculture, genetic engineering, packaging and food processing have the
potential to see a surge in revenues through exports.

Over the past few years, the government has stressed on the development
of horticulture and floriculture by creating vital infrastructure for cold
storage, refrigerated transportation, packaging, processing and quality
control.

If India wishes to optimize the production and export potential of these

commodities, then it is essential to improve these facilities, marketing and
export networks much further.

In recent years, the Central Àovernment has offered different fiscal

incentives for bettering storage facilities in rural areas. It also provides
financial assistance to the State Àovernments for acquiring and distributing
food grains at subsidized rates, especially to families with annual income
below the poverty line. Today, the improved availability of bank credit
through priority lending, favorable terms of trade and liberalized domestic
and external trade for agricultural commodities have also encouraged private
players to invest in agriculture.

The major thrust of the policies and programmes of the Àovernment of India
relating to livestock and fisheries is in the areas of rapid genetic upgradation
of milch animals, improvement in the delivery mechanism of breeding
inputs, control of animal diseases, creation of disease free zones, increased
availability of nutritious feed, development of dairy activities and backyard
poultry, development of processing and marketing facilities and
enhancement of production and profitability of livestock.
 c 


Ãgricultural exports have shown an increase from around Rs. 60 billion in
1990 - 91 to Rs. 398 billion in 2005-06. The Àovernment's special efforts to
encourage export of food grains in recent years through grant of 3orld
Trade Organization or 3TO compatible subsidies has lead to India becoming
one of the leading exporters of food grains in the international market.

c S


The imports of agricultural products improved from Rs. 12 billion in 1990 -
91 to Rs. 220 billion in 2005- 06. The share of Ãgri-imports to total
merchandise imports in 2005-06 was 4.59 percent. Edible oil is the single
largest agricultural product imported into the country and accounts for
around two-thirds of the total agricultural imports.

¦
¦  
 

  
   
(Value: million Rs)

 S
 

 

  

 

   

   




 ‰
 

   
1990- 12058.60 431708.20 2.79 60127.60 325272.80 18.49
91
1991- 14782.70 478508.40 3.09 78380.40 440418.10 17.80
92
1992- 28762.50 633745.20 4.54 90403.00 536882.60 16.84
93
1993- 23273.30 731010.10 3.18 125865.50 697488.50 18.05
94
1994- 59372.10 899707.00 6.60 132227.60 826734.00 15.99
95
1995- 58901.00 1226781.40 4.80 203977.40 1063533.50 19.18
96
1996- 66126.00 1389198.80 4.76 241612.90 1188173.20 20.33
97
1997- 87841.90 1541762.90 5.70 248324.50 1301006.40 19.09
98
1998- 145664.80 1783316.90 8.17 255106.40 1397517.70 18.25
99
1999- 160667.30 2155285.30 7.45 253136.60 1590952.00 15.91
00
2000- 120862.30 2283066.40 5.29 286573.70 2013564.50 14.23
01
2001- 162566.10 2451997.20 6.63 297286.10 2090179.70 14.22
02
2002- 176088.30 2972058.70 5.92 346539.40 2551372.80 13.58
03
2003- 219726.80 3591076.60 6.12 372665.20 2933667.50 12.70
04
2004- 220574.90 4810641.10 4.59 398633.10 3560688.88 11.20
05

Source:
 


 ´irectorate of Economics
and Statistics, Ministry of Ãgriculture, Àovt. of India.
 c

  
à successful exporter should thoroughly research the markets.

The fewer intermediaries a person have the better, as every intermediary

needs a percentage for his share in his business. This leads to fewer profits.

There are two types of exporters ±

1. Ëerchant exporters - who buy goods from the market or from
manufacturers and sell them to foreign buyers and
2. Ëanufacturer exporter - who manufactures the goods he exports.

 The first thing one need to do is to set up a business organization

depending on the specific export needs. If one decides to incorporate a
private limited company, then will have to register the same with the
Registrar of Companies.

 The second thing one need to do is to open a current account in the

name of the organization in whose name you intend to export, at a
bank that is authorized to deal in foreign exchange.

 Carefully select the products which he wishes to export and study

current export trends. Ãlso, find out about the import regulations of
the commodity in the importing countries.

 Send export letters to targeted companies with information about the

company, product, pricing and other services offered.

 Negotiate with buyers for a good deal.

Once an export order is received it must be processed and a contract that

lists item specifications, payment conditions, marketing requirements,
arbitration, shipping and insurance must be drawn out.
 c

            
 
These can be countered through steps like insisting upon an irrevocable
letter of credit from the overseas buyer and taking out a marine insurance
policy. Ãll exporters have to register with a regional licensing authority that
provides them with an Import Export Code (IEC) number.

To get benefits and concessions under the export-import policy, exporters

should register with an appropriate export promotion agency by obtaining a
registration-cum-membership certificate. Àoods that are exported are
eligible for exemption from both Sales Tax and Central Sales Tax. For this
purpose, you should get yourself registered with the Sales Tax Ãuthority of
your State.

c 
      


 

  


mnder the Export (Quality Control and Inspection) Ãct, 1963, about 1,000
commodities under the major groups of food and agriculture, fishery,
minerals, organic and inorganic chemicals, rubber products, jute products
and coir are subject to compulsory pre-shipment inspection.

However, products that has an ISI Certification Mark orÃgmark do not need
to be inspected by any agency. Ãll goods should be labelled, packaged,
packed and marked before export.

(Source: National Portal Content Management Team, Reviewed on: 13-06-

2008)
 c ¦   ¦ !"#$S¦
 %&¦ $ &'
S&( %¦S&) %¦ *+,- !& ..  *+,-)  
   

 !" %  S
)
  *+/0!&01*+/0)
Ãn Ãct to provide for the sound development of the export trade of India
through quality control and inspection and for matters connected therewith.

^  Short title, extent and commencement

It was enacted by Parliament in the Fourteenth aear of the Republic of India

as follows:-
(1) This Ãct may be called the Export (Quality Control and Inspection) Ãct,
1963.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Àovernment may, by
notification in the Official Àazette, appoint.

º  ´efinitions
In this Ãct, unless the context otherwise requires:-
a)^)"Adjudicating authority", means the authority specified in, or
under section 10K;
º)"Appellate authority", means the Ãppellate authority referred to in
section 10 M;
 )"Council", means the Export Inspection Council established under
section 3;


)"Export", with its grammatical variations and related expressions,

means taking out of India to be a place outside India;

c)"Inspection", in relation to a commodity, means the process of

determining whether a batch of goods in that commodity complies with the
standard specifications applicable to it or any other specifications stipulated
in the export contract generally by inspecting either the whole batch or a
selected sample or samples which purport to represent the whole batch;

d)"Notified commodity", means any commodity notified under clause (a)

of section 6;
e)"Prescri
ed", means prescribed by rules made under this Ãct;

f)"quality control", means any activity having for its object the
determination of the quality of a commodity whether during the process of
manufacture or production or subsequently) in order to ascertain whether it
satisfies the standard specifications applicable to it or any other
specifications stipulated in the export contract and whether it may be
accepted for purposes of export.

 Esta
lishment of Export Inspection Council

(1) The Central Àovernment may, by notification in the Official Àazette,
establish with effect from such date as may be specified in the notification a
Council to be known as the Export Inspection Council which shall
consist of:-
(a) Ã Chairman to be appointed by the Central Àovernment;
(b) The ´irector of Inspection and Quality Control, ex officio, who shall be
the Secretary;
(c) The Honorary Ãdviser on Standardization to the Àovernment of India
and ´irector of Indian Standards Institution, ex officio;
(d) The Ãgricultural marketing Ãdviser to the Àovernment of India ex
officio;
(e) The ´irector-Àeneral of Commercial Intelligence and Statistics, ex
officio;
(f) Fifteen other members nominated by the Central Àovernment three of
whom shall be persons representing the agencies referred to in section 7.

(2) The Council shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire, hold and
dispose of property and to contract, and shall by the said name sue and be
sued.

(3) The term of office of, and the manner of filling casual vacancies among
the members of the Council referred to in clauses (a) and (f) of sub- section
(1) and the travelling and daily allowances payable to the members of the
Council and the procedure to be followed in the discharge of its functions by
the Council shall be such as may be prescribed.

(4) No act or proceeding of the Council shall be invalidated merely by reason

of any vacancy in, or any defect in the constitution of the Council.

(5) Subject to such rules as may be made by the Central Àovernment in this
behalf, the Council may appoint such officers and other employees as it
considers necessary for the purpose of discharging its functions under this
Ãct.

ÿ ´irector of Inspection of Quality Control:

The Central Àovernment shall appoint a ´irector of Inspection and Quality

Control to exercise such powers and perform such duties under this Ãct as
may be prescribed.

5 Functions of the Council

(1) The functions of the Council shall generally be to advise the Central
Àovernment regarding measures for the enforcement of quality control and
inspection in relation to commodities intended for export and to draw up
programmes thereof, to make, with the concurrence of the Central
Àovernment, grants-in-aid to the agencies established or recognized under
section 7 and to perform such other functions as may be assigned to it by or
under this Ãct.

(2) For the purpose of performing its functions, the Council may co-opt as
members such number of persons as it thinks fit who have special
knowledge and practical experience in matters relating to any commodity or
trade therein and any such person shall have the right to take part in the
discussions of the Council but shall not have the right to vote and shall not
be a member for any other purpose.

(3) The Council may also constitute specialist committees for conducting
investigations on special problems connected with its functions.

(4) In the performance of its functions under this Ãct, the Council shall be
bounded by such directions as the Central Àovernment may give to it in
writing from time to time.
0 Powers of the Central Government in regard to quality control and
inspection

If the Central Àovernment, after consulting the Council, is of opinion that it

is necessary or expedient so to do for the development of the export trade of
India, it may, by order published in the Official Àazette -

(a) Notify commodities which shall be subject to quality control or inspection

or both prior to export;

(b) Specify the type of quality control or inspection which will be applied to a
notified commodity;

(c) Establish, adopt or recognize one or more standard specifications for a

notified commodity;

(d) prohibit the export in the course of international trade of a notified

commodity unless it is accompanied by a certificate issued under section 7
that the commodity satisfies the conditions relating to quality control or
inspection, or it has affixed or applied to it a mark or seal recognised by the
Central Àovernment as indicating that it conforms to the standard
specifications applicable to it under clause(c).

7 Powers to recognize or esta
lish marks to denote conformity with

standard specifications

(1) The Central Àovernment may, by notification in the Official Àazette,

recognize or establish any mark or seal in relation to a notified commodity
for the purpose of denoting that such commodity conforms to a standard
specification applicable to it.

(2) Ãny such mark or seal affixed or applied to a notified commodity or to

any covering containing, or label attached to, such commodity being in
conformity with the standard specifications applicable to it under this Ãct.

Provided that nothing in this sub-section shall prevent any officer or customs
from examining any consignment of a notified commodity intended for
export if he has reason to believe that the seal or mark is not genuine or has
been affixed or applied fraudulently or if such an examination is necessary
for the purpose of any other law for the time being in force.
£ Power to o
tain information from exporters etc

The Central Àovernment or any officer or authority authorized by it in this

behalf may, by notice published in the Official Àazette, require-

(i) Persons manufacturing, dealing in or exporting notified commodities; and

(ii) Such other persons as may be prescribed, to furnish any information,

return or report which the Central Àovernment or such officer or authority
may consider necessary for carrying out the purposes of this Ãct.
 c S
  
Imports to India are governed by the Foreign Trade (´evelopment and
Regulation) Ãct 1992.

mnder this Ãct, imports of all goods are free except for the items regulated
by the policy or any other law in force. The present, foreign trade
arrangements for different commodities are stated in the EXIË Policy of
ºÿ-º. This policy is announced once every five years with annual
supplements coming out every year. It is also known as the Foreign Trade
Policy or Export Import Policy.

Items on the 'Prohibited' list like tallow, fat or oils of any animal origin,
animal rennet and wild animals including their parts and products and ivory
cannot be imported.

For import of items that appear in the 'Restricted' list you need secure an
import license. Imports of items that are enumerated in the canalized list of
items are permitted to be imported through canalizing Ãgencies. Ãll other
products can be freely imported.

Registration with a regional licensing authority is a precondition for the

import of goods. Customs officials will not permit clearance of goods unless
the importer gets an Import Export Code (IEC) number from the regional
licensing authority.

Import Procedure for Livestock Products

Livestock products includes -

c Meat and meat products of different types that comprise fresh, chilled
and frozen meat
c Tissue or organs of poultry, pig, sheep and goat
c It also consists of egg and egg powder
c Milk and milk goods
c Pet foods of animal origin and embryos
c Ova or semen of cows, sheep and goats

No livestock product may be imported into India without a valid sanitary

import permit.
All livestock products with valid sanitary import permits may
e

rought into India only through seaports or airports where Animal
Quarantine and Certification Services Stations are situated.

These stations are located in the cities of ´elhi, Mumbai, Kolkata and
Chennai. 3hen livestock products arrive at the checkpoint, they will be
checked by the Officer-in-charge of the Ãnimal Quarantine and Certification
Services Station or any other veterinary officer duly approved by the
´epartment Of Ãnimal Husbandry and ´airying.

Import Procedure for the Fisheries Sector

License under EXIM policy is not required for the import of 125
species/groups of fish, crustaceans, molluscs and other aquatic invertebrates
covered under FREE policy under the EXIM policy. Import of five groups of
live fish is permitted under Restricted Policy.

Import of 3hale Shark (Rhincodon types) and parts and products of the
species is restricted.

Import Procedure for Horticulture

Ãccording to the Foreign Trade Policy, there is no quantitative restriction on

import of spices into the country except for items such as 'seed quality'
spices and garlic.

The tariffs for import have also been steadily brought down. mnder a
bilateral agreement with Sri Lanka, duty free import of spices is permitted.
This is useful for value addition and re-exportation.
 c ¦  2 S3& ¦ '  !' 4 $5 &¦ &'
3#$¦S&)%¦*++.%¦&..2*++.67
*++.8
Ãn Ãct to provide for the development and regulation of foreign trade by
facilitating imports into, a, Ã augmenting exports from, India and for matters
connected therewith or incidental thereto. xE it enacted by Parliament in the
Forty-third aear of the Republic of India as follows: -

CHAPTER I PRELIËINARY

^) Short title and commencement.

This Ãct may be called the Foreign Trade (´evelopment and Regulation) Ãct,
1992. Sections 11 to 14 shall come into force at once and the remaining
provisions of this Ãct shall be deemed to have come into force on the 19th
day of June, 1992.

º) ´efinitions.
In this Ãct, unless the context otherwise requires,--
(a) "Adjudicating Authority" means the authority specified in, or under,
section 13;
(b) "Appellate Authority" means the authority specified in, or under, sub-
section (1) of section 15;
(c) "Conveyance" means any vehicle, vessel, aircraft or any other means
of transport including any animal;
(d) "´irector General" means the ´irector Àeneral of Foreign Trade
appointed under section 6;
(e) "Import" and `export" means respectively bringing into, or taking out
of, India any goods by land, sea or air;
(f) "Importer-exporter Code Num
er" means the Code Number granted
under section 7;
(g) "License" means a license to import or export and includes a customs
clearance permit and any other permission issued or granted under this Ãct;
178
(h) "Order" means any Order made by the Central Àovernment under
section 3; and
(i) "Prescri
ed" means prescribed by rules made under this Ãct.
CHAPTER II POWER OF CENTRAL GOVERNËENT TO ËAKE OR´ER
AN´ ANNOUNCE EXPORT AN´ IËPORT POLICY

Powers to make provisions relating to imports and exports.

(1) The Central Àovernment may, by Order published in the Official Àazette,
make provision for the development and regulation of foreign trade by
facilitating imports and increasing exports,
(2) The Central Àovernment may also, by Order published in the Official
Àazette, 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 import or export of goods.
(3) Ãll 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 Ãct, 1962 (52 of 1962) and all the provisions of
that Ãct shall have effect accordingly.

ÿ Continuance of existing Orders

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

5 Export and import policy

The Central Àovernment may, from time to time, formulate and announce
by notification in the Official Àazette, the export and import policy and may
also, in like manner, amend that policy.

0 Appointment of ´irector General and his functions

(1) The Central Àovernment may appoint any person to be the ´irector
Àeneral of Foreign Trade for the purposes of this Ãct,
(2) The ´irector Àeneral shall advise the Central Àovernment in the
formulation of the export and import policy and shall be responsible for
carrying out that policy.
(3) The Central Àovernment may, by Order published in the Official Àazette,
direct that any power exercisable by it under this Ãct (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 ´irector Àeneral or such other officer
subordinate to the ´irector Àeneral, as may be specified in the Order.
CHAPTER III IËPORTER-EXPORTER CO´E NUË
ER AN´ LICENCE

7 Importer-exporter Code Num
er

No person shall make any import or export except under an Importer-
exporter Code Number granted by the ´irector Àeneral or the officer
authorised by the ´irector Àeneral in this behalf, in accordance with the
procedure specified in this behalf by the ´irector Àeneral. 179

£ Suspension and cancellation of Importer-exporter Code Num
er.

(1) Where-(a) any person has contravened any law relating to Central
excise or customs or foreign exchange or has committed any other economic
offence under any other law for the time being in force as may be specified
by the Central Àovernment by notification in the Official Àazette, or

(b) the ´irector Àeneral has reason to believe that any person has made an
export or import in a manner gravely prejudicial to the trade relations of
India with any foreign country or to the interests of other persons engaged
in imports or exports or has brought disrepute to the credit or the goods of
the country, the ´irector Àeneral may call for the record or any other
information from that person and may, after giving to that person a notice in
writing informing him of the grounds on which it is proposed to suspend or
cancel the Importer-exporter Code Number and giving him a reasonable
opportunity of making a representation in writing within such reasonable
time as may be specified in the notice and, if that person so desires, of being
heard, suspend for a period, as may be specified in the order, or cancel the
Importer-exporter Code Number granted to that person.

(2) 3here any Importer-exporter Code Number granted to a person has

been suspended or cancelled under sub-section (1), that person shall not be
entitled to import or export any goods except under a special license,
granted, in such manner and subject to such conditions as may be
prescribed, by the ´irector Àeneral to that person.
 Issue, suspension and cancellation of license
(1) The Central Àovernment may levy fees, subject to such exceptions, in
respect of such person or class of persons making an application for license
of in respect of any license granted or renewed in such manner as may be
prescribed.

(2) The ´irector Àeneral or an officer authorized by him may, on an

application and after making such inquiry as he may think fit, grant or renew
or refuse to grant or renew a license to import or export such class or
classes of goods as may be prescribed, after recording in writing his reasons
for such refusal.

(3) Ã license granted or renewed under this section shall-

(a) be in such form as may be prescribed;
(b) be valid for such period as may be specified therein; and
(c) be subject to such terms, conditions and restrictions as may be
prescribed or as specified in the license with reference to the terms,
conditions and restrictions so prescribed.

(4) The ´irector Àeneral or the officer authorized under sub- section (2)
may, subject to such conditions as may be prescribed, for good and
sufficient reasons, to be recorded in writing, suspend or cancel any license
granted under this Ãct: Provided that no such suspension or cancellation
shall be made except after giving the holder of the license a reasonable
opportunity of being heard. 180

(5) Ãn appeal against an order refusing to grant, or renew or suspending or

cancelling, a license shall lie in like manner as an appeal against an order
would lie under section 15.

CHAPTER IV SEARCH, SEIZURE, PENALTY AN´ CONFISCATION

^ Power relating to search and seizure (1)The Central Àovernment

may, by notification in the Official Àazette, authorise any person for the
purposes of exercising such powers with respect to entering such premises
and searching, inspecting and seizing of such goods, documents, things and
conveyances, subject to such requirements and conditions, as may be
prescribed. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974) relating to searches and seizures shall, so far as may be, apply to
every search and seizure made under this section.
^^ Contravention of provisions of this Act, rules, orders and export
and import policy. (1) No export or import shall be made by any person
except in accordance with the provisions of this Ãct, the rules and orders
made thereunder and the export and import policy for the time being in
force. (2) 3here any person makes or abets or attempts to make any export
or import in contravention of any provision of this Ãct or any rules or orders
made thereunder or the export and import policy, he shall be liable to a
penalty not exceeding one thousand rupees or five times the value of the
goods in respect of which any contravention is made or attempted to be
made, whichever is more. (3) 3here any person, on a notice to him by the
Ãdjudicating Ãuthority, admits any contravention, the Ãdjudicating Ãuthority
may, in such class or classes of cases and in such manner as may be
prescribed, determine, by way of settlement, an amount to be paid by that
person. (4) Ã penalty imposed under this Ãct may, if it is not paid, be
recovered as an arrear of land revenue and the Importer-exporter Code
Number of the person concerned, may, on failure to pay the penalty by him,
be suspended by the Ãdjudicating Ãuthority till the penalty is paid. (5)
3here any contravention of any provision of this Ãct or any rules or orders
made thereunder or the export and import policy has been, is being, or is
attempted to be, made, the goods together with any package, covering or
receptacle and any conveyances shall, subject to such requirements and
conditions as may be prescribed, be liable to confiscation by the Ãdjudicating
Ãuthority. (6) The goods or the conveyance confiscated under sub-section
(5) may be released by the Ãdjudicating Ãuthority, in such manner and
,subject to such conditions as may be prescribed, on payment by the person
concerned of the redemption charges equivalent to the market value of the
goods or conveyance, as the case may be.

^º Penalty or confiscation not to interfere with other punishments

No penalty imposed or confiscation made under this Ãct shall prevent the
imposition of any other punishment to which the person affected thereby is
liable under any other law for the time being in force. 181

^ Adjudicating Authority Ãny penalty may be imposed or any

confiscation may be adjudged under this Ãct by the ´irector Àeneral or,
subject to such limits as may be specified, by such other officer as the
Central Àovernment may, by notification in the Official Àazette, authorise in
this behalf'.

^ÿ Giving of opportunity to the owner of the goods, etc No order

imposing a penalty or of adjudication of confiscation shall be made unless
the owner of the goods 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 goods 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.

CHAPTER V APPEAL AIË REVISION

^5 Appeal (1) Ãny person aggrieved by any decision or order made by the
Ãdjudicating Ãuthority under this Ãct may prefer an appeal,-- (a) where the
decision or order has been made by the ´irector Àeneral, to the Central
Àovernment; (b) where the decision or order has been made by an officer
subordinate to the ´irector Àeneral, to the ´irector Àeneral or to any officer
superior to the Ãdjudicating Ãuthority authorised by the ´irector Àeneral 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 Ãppellate
Ãuthority 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 the penalty or redemption charges has been deposited by the
appellant: Provided also that, where the Ãppellate Ãuthority 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 Ãppellate Ãuthority
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:,
182 Provided that an order enhancing or imposing a penalty or redemp- tion
charges or confiscating goods of a greater value shall not be made under
this section unless the appellant has been given an oppor- tunity of making
a representation, and, if he so desires, of being heard in his defence. (3) The
order made in appeal by the Ãppellate Ãuthority shall be final.

^0 Revision The Central Àovernment, in the case of any decision or order,

not being a decision or order made in an appeal, made by the ´irector
Àeneral, or the ´irector Àeneral 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 in which a
decision or an order imposing a penalty or redemption charges or
adjudicating confiscation has been made and against which no appeal has
been preferred, for 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 show cause 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.

^7 Powers of Adjudicating and other Authorities (1) Every authority

making any, adjudication or hearing any appeal or exercising any powers of
revision 'under this Ãct 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 revision under this Ãct shall be deemed to be a civil court for the
purposes of sections 345 and 346 of the Code of Criminal Procedure, 1993
(2 of 1974). (3) Every authority making any adjudication or hearing any
appeal or exercising any powers of revision under this Ãct 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: 183 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 ËISCELLANEOUS

^£ Protection of action taken in good faith No order made or deemed

to have been made under this Ãct 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 Ãct
or any order made or deemed to have been made thereunder.
^ Power to make rules (1) The Central Àovernment may, by
notification in the Official Àazette, make rules for carrying out the provisions
of this Ãct. (2) In particular, and without prejudice to the generality of the
forgoing 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 be levied and the manner in which a licence may be
granted or renewed under sub-section (1) of section 9; (c) the class or
classes of goods for which a licence may be granted under sub-section (2) of
section 9; (d) the form in which and the terms, conditions and restrictions
subject to which licence may be granted under sub-section (3) of section 9;
(e) the conditions subject to which a licence may be suspended or cancelled
under sub-section (4) of section 9; (f) the premises, goods, 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 section 10; (g) the class or
classes of cases for which and the manner in which an amount, by way of
settlement, may be determined under sub-section (3) of section 11; (h) the
requirements and conditions subject to which goods and conveyances shall
be liable to confiscation under sub- section (5) of section 11; (i) the manner
in which and the conditions subject to which goods and conveyances may be
released on payment of redemption charges under sub-section (6) of section
11; and (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. 184 (3) Every
rule and every Order made by the Central Àovernment under this Ãct 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.

º Repeal and savings (1) The Imports and Exports (Control) Ãct, 1947
(18 of 1947) and the Foreign Trade (´evelopment and Regulation)
Ordinance, 1992 (Ord. 11 of 1992) are hereby repealed. (2) The repeal of
the Imports and Exports (Control) Ãct, 1947 (18 of 1947) shall, however,
not affect,- (a) the previous operation of the Ãct so repealed or anything
duly done or suffered thereunder; or (b) any right, privilege, obligation or
liability acquired, accrued or incurred under the Ãct so repealed; or (c) any
penalty, confiscation or punishment incurred in respect of any contravention
under the Ãct 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 Ãct had not been repealed.
(3) Notwithstanding the repeal of the Foreign Trade (´evelopment 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 Ãct.
  9S( 2


India is having a vast coastline of over 8129kms, 0.5 million of continental
shelf area is estimated to have exploitable fisheries resources to the tune of
3.9 million MT, of which only 3.23 MT are presently exploited.

The fisheries in India for the year 2006-07 has accounted to nearly 1.3% of
India¶s À´P. India with a fishery production of 6.2 million MT from both
captured and cultured sources is ranked 3rd among the largest fish
production countries and 19th among the sea-food exporting countries of the
world.

In aqua-culture India is the largest producer after China. ´uring the year
2006-07 the export of marine products from the country stood at over
6,12,000 MT with a value of mS$ 1,853 mn. Shrimp continued to be the
mainstay of sea-food exports, contributing more than 54% in terms of the
value.

The share of marine product in the total exports of the country is 1.4%.

%S ¦