| 9.1 |
For purpose of FTP, unless context otherwise requires, the 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 utilises 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 utilises the imported
goods for his own use in |
|
(a) any commercial establishment carrying on any business, trade
or profession; or |
|
(b) any laboratory, Scientific or Research and Development (R&D)
institution, university or other educational institution or hospital;
or |
|
(c) any service industry. |
| 9.7 |
"AEZ" means Agricultural Export Zones notified by DGFT in Appendix
8 of HBP vl |
| 9.8 |
"Appeal" is an application filed under section 15 of the Act and
includes such applications preferred 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 the Act to import or export as per provisions of FTP. |
| 9.1 |
"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,
modernisation, technological upgradation or expansion. It also includes
packaging machinery and equipment, refractories 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 thereunder 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.
|
| 9.2 |
"DFRC" means Duty Free Replenishment Certificate (as given in FTP
2004-09). |
| 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 :- |
|
(a) exercise twenty-six per cent, or more of voting rights in other
enterprise; or |
|
(b) 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 (Volume 1) containing
the procedures (including Appendices & Aayat Niryat Forms), "HBP v2"
means Handbook of Procedures (Volume 2) containing the SIONs; both published
under provisions of paragraph 2.4 of FTP. |
| 9.3 |
"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.
|
| 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 |
"Licensing Year" means period beginning on the 1st April of a year
and ending on 31st March of following year. |
| 9.35 |
"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. |
| 9.36 |
"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. |
| 9.37 |
"Manufacturer Exporter" means a person who exports goods manufactured
by him or intends to export such goods. |
| 9.38 |
"MAI" means Market Access Initiative Scheme notified by Department
of Commerce. |
| 9.39 |
"Merchant Exporter" means a person engaged in trading activity and
exporting or intending to export goods. |
| 9.4 |
"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 2009-2014 as amended from time to time. |
| 9.47 |
"Prescribed" means prescribed under the Act or the Rules or Orders
made thereunder or under FTP. |
| 9.48 |
"Public Notice" means a notice published under provisions of paragraph
2.4 of FTP. |
| 9.49 |
"Raw material" means basic materials which are needed for manufacture
of goods, but which are still in a raw, natural, unrefined or unmanufactured
state; and 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. |
| 9.5 |
"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 (GATS) 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; |
|
(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 / 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 /Star Trading House / Premier Trading House 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. |
| 9.6 |
"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 |
"Wild Animal" means any wild animal as defined in Section 2(36)
of Wildlife (Protection) Act, 1972. |