| |
9.1 |
For purpose of FTP, unless context otherwise requires, following words and
expressions shall have the following meanings attached
to them. |
| |
9.2 |
“Accessory” or “Attachment” means a part, sub-assembly or assembly that
contributes to efficiency or effectiveness of a piece of equipment without
changing its basic functions. |
| |
9.3 |
“Act” means Foreign Trade (Development and Regulation)Act, 1992
(No.22 of 1992) [FT(D&R) Act]. |
| |
9.4 |
“Actual User” means an actual user who may be either industrial or
non-industrial. |
| |
9.5 |
“Actual User (Industrial)” means a person who utilizes imported goods for
manufacturing in his own industrial unit or manufacturing for his own use in
another unit including a jobbing unit. |
| |
9.6 |
“Actual User (Non-Industrial)” means a person who utilizes the imported
goods for his own use in
(i) any commercial establishment carrying on any business, trade or profession;
or
(ii) any laboratory, Scientific or Research and Development(R&D) institution, university or other educational institution or hospital; or
(iii) any service industry. |
| |
9.7 |
“AEZ” means Agricultural Export Zones notified by DGFT in
Appendix 8 of HBP v1. |
| |
9.8 |
Deleted |
| |
9.8.1 |
“Appeal” is an application filed under section 15 of the Act and includes
such applications prefered by DGFT officials in government interest against
decision by designated adjudicating / appellate authorities. |
| |
9.9 |
“Applicant” means person on whose behalf an application is made and shall,
wherever context so requires, includes person signing the application. |
| |
9.9.1 |
“Authorisation” means a permission as included in Section 2 (g) of
FT(D&R) Act to import or export as per provisions of FTP. |
| |
9.10 |
“BoA” means the Board of Approval as notified by DoC. |
| |
9.11 |
“BTP” means Biotechnology Park as notified by DGFT on recommendation of
Department of Biotechnology. |
| |
9.12 |
“Capital Goods” means any plant, machinery, equipment or
accessories required for manufacture or production, either directly or
indirectly, of goods or for rendering services, including those required for
replacement, modernization, technological upgradation
or expansion. It also includes packaging machinery and equipment, refractoriness
for initial lining, refrigeration equipment, power generating sets, machine
tools, catalysts for initial charge, equipment and instruments for testing,
research and development, quality and pollution control. Capital goods may be
for use in manufacturing, mining, agriculture, aquaculture, animal husbandry,
floriculture, horticulture, pisciculture, poultry, sericulture and viticulture
as well as for use in services sector. |
| |
9.13 |
“Competent Authority” means an authority competent to exercise any power or
to discharge any duty or function under the Act or the Rules and Orders made there under or under FTP. |
| |
9.14 |
“Component” means one of the parts of a sub-assembly or assembly
of which a manufactured product is made up and into which it may be resolved. A
component includes an accessory or attachment to another component. |
| |
9.15 |
“Consumables” means any item, which participates in or is required for a
manufacturing process, but does not necessarily form part of end-product. Items,
which are substantially or totally consumed during a manufacturing process, will
be deemed to be consumables. |
| |
9.16 |
“Consumer Goods” means any consumption goods, which can directly satisfy
human needs without further processing and includes consumer durables and
accessories thereof. |
| |
9.17 |
“Counter Trade” means any arrangement under which exports/ imports from/to
India are balanced either by direct imports/exports from importing/exporting
country or through a third country under a Trade Agreement or otherwise.
Exports/Imports under Counter Trade may be carried out through Escrow Account,
Buy Back arrangements, Barter trade or any similar arrangement. Balancing
of exports and imports could wholly or partly be in cash, goods and/or services. |
| |
9.18 |
“Developer” means a person or body of persons, company, firm and such other
private or government undertaking, who develops, builds, designs, organises,
promotes, finances, operates, maintains
or manages a part or whole of infrastructure and other facilities in SEZ as
approved by Central Government and also includes a co-developer. |
| |
9.19 |
“Development Commissioner” means Development Commissioner
of SEZ. |
| |
9.20 |
“DFRC” means Duty Free Replenishment Certificate. |
| |
9.21 |
“Domestic Tariff Area (DTA)” means area within India which is outside SEZs
and EOU/ EHTP/ STP/BTP. |
| |
9.22 |
“Drawback” in relation to any goods manufactured in India and exported,
means rebate of duty chargeable on any imported material
or excisable material used in manufacture of such goods in India. Goods include
imported spares, if supplied with capital goods manufactured in India. |
| |
9.23 |
“EHTP” means Electronic Hardware Technology Park. |
| |
9.24 |
“EOU” means Export Oriented Unit for which an LOP has been issued by
Development Commissioner. |
| |
9.25 |
“Excisable goods” means any goods produced or manufactured in India and
subject to a duty of excise under Central Excise and Salt Act 1944 (1 of 1944). |
| |
9.26 |
“Exporter” means a person who exports or intends to export and holds an IEC
number, unless otherwise specifically exempted. |
| |
9.27 |
“Export Obligation” means obligation to export product or products covered
by Authorisation or permission in terms of quantity, value
or both, as may be prescribed or specified by Regional or competent authority. |
| |
9.27.1 |
“FTP” means the Foreign Trade Policy which specifies policy for exports
and imports under section 5 of the Act. |
| |
9.28 |
“Group Company” means two or more enterprises which, directly
or indirectly, are in a position to —
(i) exercise twenty-six per cent, or more of voting rights in other enterprise;
or
(ii) appoint more than fifty percent, of members of board of directors in the
other enterprise.
For group companies to claim benefits or have their exports counted for benefits
to be claimed by another member of group, the group company should have been in
existence at least 2 years prior to date of application under any of export
promotion schemes notified
in FTP. |
| |
9.29 |
“HBP v1” means the Handbook of Procedures (Vol.1) and
“HBP v2” means Handbook of Procedures (Vol.2) published under provisions of
paragraph 2.4 of FTP. |
| |
9.30 |
“Importer” means a person who imports or intends to import and holds an IEC
number, unless otherwise specifically exempted. |
| |
9.31 |
“Infrastructure facilities” means industrial, commercial and social
infrastructure or any other facility for development of SEZ as notified. |
| |
9.32 |
“ITC(HS)” means ITC(HS) Classifications of Export and Import
Items Book. |
| |
9.33 |
“Jobbing” means processing or working upon of raw materials or
semi-finished goods supplied to job worker, so as to complete a part of process
resulting in manufacture or finishing of an article or any operation which is
essential for aforesaid process. |
| |
9.34 |
Deleted |
| |
9.35 |
“Licensing Year” means period beginning on the 1st April of a year and
ending on 31st March of following year. |
| |
9.36 |
“Managed Hotel” means hotels managed by a three star or above hotel/ hotel
chain under an operating management contract for a duration of at least three
years between operating hotel/ hotel chain and hotel being managed. Management
contract must necessarily cover the entire gamut of operations/ management of
managed hotel. |
| |
9.37 |
“Manufacture” means to make, produce, fabricate, assemble, process
or bring into existence, by hand or by machine, a new product having
a distinctive name, character or use and shall include processes such as
refrigeration, re-packing, polishing, labelling, Re-conditioning repair,
remaking, refurbishing, testing, calibration, re-engineering. Manufacture, for
the purpose of FTP, shall also include agriculture, aquaculture, animal
husbandry, floriculture, horticulture, pisciculture, poultry, sericulture,
viticulture and mining. |
| |
9.38 |
“Manufacturer Exporter” means a person who exports goods manufactured by
him or intends to export such goods. |
| |
9.39 |
“MAI” means Market Access Initiative Scheme notified by
Department of Commerce. |
| |
9.40 |
“Merchant Exporter” means a person engaged in trading activity and
exporting or intending to export goods. |
| |
9.40.1 |
“NC” means the Norms Committee in the Directorate General of Foreign
Trade, for recommending grant of Authorisations under Duty Exemption Scheme and
for recommending Input Output norms and value addition norms to be notified by
DGFT. |
| |
9.41 |
“NFE” means Net Foreign Exchange. |
| |
9.42 |
“Notification” means a notification published in Official Gazette. |
| |
9.43 |
“Order” means an Order made by Central Government under the
Act. |
| |
9.44 |
“Part” means an element of a sub-assembly or assembly not normally
useful by itself, and not amenable to further disassembly for
maintenance purposes. A part may be a component, spare or an accessory. |
| |
9.45 |
“Person” includes an individual, firm, society, company, corporation
or any other legal person including the DGFT officials. |
| |
9.46 |
“Policy” means FTP 2004-2009 as amended from time to time. |
| |
9.47 |
“Prescribed” means prescribed under the Act or the Rules or Orders made there under or under FTP. |
| |
9.48 |
“Public Notice” means a notice published under provisions of paragraph 2.4
of FTP. |
| |
9.49 |
“Raw material” means:
(i) basic materials which are needed for manufacture of goods,
but which are still in a raw, natural, unrefined or unmanufactured state; and
(ii) for a manufacturer, any materials or goods which are required for his
manufacturing process, whether they have actually been previously manufactured
or are processed or are still in
a raw or natural state. |
| |
9.49.1 |
“Regional Authority” means authority competent to grant an
Authorisation under the Act / Order. |
| |
9.50 |
“Registration-Cum-Membership Certificate” (RCMC) means certificate of
registration and membership granted by an Export Promotion Council/ Commodity
Board/ Development Authority or other competent authority as prescribed in FTP
or HBP v1. |
| |
9.51 |
“Rules” means Rules made by Central Government under Section
19 of the Act. |
| |
9.52 |
“Services” include all tradable services covered under General
Agreement on Trade in Services and earning free foreign exchange. |
| |
9.53 |
“Service Provider” means a person providing
(i) Supply of a ‘service’ from India to any other country;
(ii) Supply of a ‘service’ from India to service consumer of any other country
in India; and
(iii) Supply of a ‘service’ from India through commercial or physical presence
in territory of any other country.
(iv) Supply of a ‘service’ in India relating to exports paid in free foreign
exchange or in Indian Rupees which are otherwise considered as having being paid
for in free foreign exchange by RBI. |
| |
9.54 |
“SEZ” means Special Economic Zone notified by Ministry of
Commerce & Industry, Department of Commerce. |
| |
9.55 |
“Ships” mean all types of vessels used for sea borne trade or coastal
trade, and shall include second hand vessels. |
| |
9.56 |
“SION” means Standard Input Output Norms notified by DGFT in
HBP v2, 2004-09 / approved by Board of Approval. |
| |
9.57 |
“Spares” means a part or a sub-assembly or assembly for substitution, that
is ready to replace an identical or similar part or sub-assembly
or assembly. Spares include a component or an accessory. |
| |
9.58 |
“Specified” means specified by or under the provisions of this Policy
through Notification / Public Notice. |
| |
9.59 |
“Status holder” means an exporter recognized as Export House/ Trading House
etc. by DGFT/ Development Commissioner. |
| |
9.59.1 |
“Stores” means goods for use in a vessel or aircraft and includes fuel
and spares and other articles of equipment, whether or not for immediate
fitting. |
| |
9.60 |
“STP” means Software Technology Park |
| |
9.61 |
“Supporting Manufacturer” means any person who manufactures any product or
part/ accessories/ components of that product. Name
of supporting manufacturer as well as the exporter must be endorsed on export
documents. |
| |
9.62 |
“Third-party exports” means exports made by an exporter or manufacturer on
behalf of another exporter(s). In such cases, export documents such as shipping
bills shall indicate name of both manufacturing exporter/manufacturer and third
party exporter(s). BRC, GR declaration, export order and invoice should be in
the name of third party exporter. |
| |
9.63 |
“Transaction Value” is as defined in Customs Valuation Rules of
Department of Revenue. |
| |
9.64 |
Deleted |
| |
9.65 |
“Wild Animal” means any wild animal as defined in Section 2(36) of
Wildlife (Protection) Act, 1972. |