(b) be valid for such period as may be spceified therein; and (c) be subject to such terms, conditions and restrictions as may be prescribed or as specified in the licence with reference to the terms, conditions and restrictions so prescribed (4) the director general or the officer authorised under sub-section 5 (2) may, subject to such conditions as may be prescribed, for good and sufficient reasons, to be recorded in writing, suspend or cancel any licence granted under this act: provided that no such suspension or cancellation shall be made expect after giving the holder of the licence a reasonable opportunity or 10 being heard i | (5) an appeal against an order refusing to grant, or suspending or cancelling, a licence shall lie in like manner as an appeal against an order would lie under section 15,  search, seizure, penauty anp conriscationpower relating to search and seizure 10 (1) the central government may, by notification in the official gazette, 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 20 requirements and conditions, as may be prescribed (2) the provisions of the code of criminal procedure, 1973 relating to searches and seizures shall, so far ag may be, apply to every search and seizure made under this section 11 (1) no export or import shall be made by any person except in 25 accordance with the provisions of this act, the rules and the orders made thereunder and the export and import policy for the time being in force 7 contravention of provisions of this act, rules, orders and ex- port and import policy, (2) where any person makes or abets or attempts to make any export or import in contravention of any provision of this act or any rules or orders made thereunder or the export and import policy, he shall be 30 liable to a penalty not exceeding one thousand tupees 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) where any person, on a notice to him by the adjudicating authority, admits any contravention, the adjudicating authority may, in such 35 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) a penalty imposed under this act 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 go him; be suspended by the adjudicating authority till the penalty is paidé = 5 (5) where any contravention of any provision of this act 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 5 such requirements and conditions as may be presrcibed, be liable to confiscation by the adjudicating authority (6) the goods or the conveyance confiscated under sub-section (5) may be released by the adjudicating authority, jn such manner and subject to such cenditions as may pe 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 12, no penalty imposed of confiscation made under this act shall prevent the impesition of any other punishment to which the person affected thereby is liable under any other law for the time being in force 45 13 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 14 no order imposing a penalty or of adjudication of confiscation 0 shall be made unless the owner of the goods or conveyance, or other _ person concerned, shall be 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 d  chapter v appeal and revision15, (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: | of     | oppor-    ||--------|-----------|| tunity |           || to     | the       || owner  |           || of     | the       || goods, |           |appealaut é : mh rae 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 appellate authority is of opinion that 5 the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subjeet 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 10 such further enquiries, 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: 15 provided that an order enhancing or imposing a penalty or redemption charges or confiscating goods 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 ' 20 (3) the order made in appeal by the appellate authority shall be final o { y revision 1g the central government, in the case of any decision or order, not being a decision or order made in an appeal, made by the director general, or the director general in the case of any decision 95 or erder made by any officer subordinate to him, may on its or his own motion or otherwise, ca!l 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 30 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 {0 prejudicially affect any person unless such person— (a) has, within a period of two years from the date of such 35° 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 powers of 17 (1) every authority making any adjudication or hearing any 4 moe appeal or exercising any powers of revision under this act shall have hy and ii the powers of a civil court under the code of civil procedure, 1908, authoriwhile 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; 45 pee = é (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 5 documents | | (2) every authority making any adjudication or hearing any appeal or exercising any powers of revision 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 \ { 10 (8) every authority making any adjudication or hearing any appeal or exercising any powers of revision 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 \ ' 15 (4) clerical or arithmatical 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 of its own motion or on the application of any of the parties: provided that where any correction proposed to be made under this 20 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 miscellaneous148 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 jl { 19 (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 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 class of goods for which a licence may be granted under sub-section (2) of section 9; protection, if action taken in good faith power to make rules3 q (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 section 10; (g) the class or classes of cases for which and the manner in 10 which an amount, by way of settlement, may be determined under sub-section (3) of section ds | (h) the requirements and conditions subject to which goods and conveyance shall be liable to confiscation under sub-section (5) of section 11; t 15 () the manner in which and the conditions subject to which goods and conveyances may be released on payment of redemption charges under 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 20 (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 25 following the session or the succesive 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, 39 that any such modification or annulment shall be without prejudice to the vadidity of anything previously done under that rule or the order, 20 (1) the imports and exports (control) act, 1947 is hereby repealed, : repeal and savings, (2) the repeal shall, however, not affect,— 35) (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 (©) any penalty, confiscation or punishment incurred in respect 0 of any contravention under the act so repealed; or 4 (d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, (penalty, confiscation or punishment as aforesaid, j 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 statement of objects and reasonstt is now generally acknowledged that foreign trade is a driving ce of economic activity technology, investment and production are ing increasingly interdependent upon each other and foreign trade igs these elements together and spurs economic growth, the imports and exports (control) act, 1947 was made in different mstances although it has been amended from time to time, the does not provide an adequate legal framework for the development d promotion of india's foreign trade bes'des, in july, 1991 and st, 1991, major changes in trade policy were made by the govern- of india, the goals of the new trade policy are to increase pro- vity and competitiveness and to achieve a strong export perfore the export and import policy is a vital part of trade policy basic law governing foreign trade must serve as an instrument to é an environment that will provide a strong impetus to exports, tate imports and render export activity more profitable it is, therefore, considered necessary to enact a new law repealing e existing law the bill intends to achieve these objectives  memorandum regarding delegated legislationclause 19 of the bill empowers the central government to make rules regarding— a (2) the manner in which and the conditions subject to which @ special licence may be issued under sub-section (2)" of section 8; (6) 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; =, (2) 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 as (h) the requirements and conditions subject to which goods and conveyances shall be liable to confiscation under sub-section (5) of section 11; () the manner in which and the conditions subject to which goods and conveyances may be released on bayment of redemption charges under 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 2 the matters with respect to which rules may be made under the aforesaid provisions are matters of procedure and detail the delegation of legislative power contained in such provisions is, therefore, of a normal character met emnerne ge asi vaneatene 