| 9.1 |
For the purpose of this Policy, unless
the 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 the efficiency
or effectiveness of a piece of equipment without changing its basic
functions. |
| 9.3 |
"Act" means the Foreign Trade
(Development and Regulation) Act, 1992 (No.22 of 1992). |
| 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 the 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 |
| |
(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 15 of Handbook (Vol 1). |
| 9.8 |
"ALC" means the Advance Licensing Committee
in the Directorate General of Foreign Trade for recommending grant
of licences under Duty Exemption Scheme and for recommending Input
Output norms and value addition norms to be notified by Director General
of Foreign Trade. |
| 9.9 |
"Applicant" means the person on whose behalf
the application is made and shall, wherever the context so requires,
include the person signing the application. |
| 9.10 |
"BOA" means the Board of Approval as notified
by the Department of Commerce |
| 9.11 |
"BTP" means Biotechnology Park as notified
by Director General of Foreign Trade on the recommendation of the
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. Capital goods also include 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 the 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 this
Policy. |
| 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 the component. |
| 9.15 |
"Consumables" means any item, which participates
in or is required for a manufacturing process, but does not necessarily
form part of the 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 the 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. The 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,
maintain or manages a part or whole of the infrastructure and other
facilities in the Special Economic Zones as approved by the Central
Government. |
| 9.19 |
"Development Commissioner" means the Development
Commissioner of the Special Economic Zone. |
| 9.20 |
"DFRC" means Duty Free Replenishment Certificate. |
| 9.21 |
"Domestic Tariff Area" means area within
India which is outside the Special Economic Zones and EOU/ EHTP/ STP/BTP.
|
| 9.22 |
"Drawback, " in relation to any goods manufactured
in India and exported, means the rebate of duty chargeable on any
imported material or excisable material used in the manufacture of
such goods in India. The 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 the Development Commissioner. |
| 9.25 |
"Excisable goods" means any goods produced
or manufactured in India and subject to a duty of excise under the
Central Excise and Salt Act 1944 (1 of 1944). |
| 9.26 |
"Exporter" means a person who exports or
intends to export and holds an Importer-Exporter Code number unless
otherwise specifically exempted. |
| 9.27 |
"Export Obligation" means the obligation
to export the product or products covered by the licence or permission
in terms of quantity, value or both, as may be prescribed or specified
by the licensing or competent authority. |
| 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 the voting rights in
the other enterprise; or
(ii) appoint more than fifty percent, of the members of the board
of directors in the other enterprise; or
For the group companies to claim benefits or have their exports
counted for benefits to be claimed by another member of the group,
the group company should have been in existence atleast 2 years
prior to the date of application under any of the export promotion
schemes notified in the Policy. |
| 9.29 |
"Handbook (Vol.1)"means the Handbook of
Procedures (Vol.1) and "Handbook (Vol.2)" means Handbook
of Procedures (Vol.2) published under the provisions of paragraph
2.4 of the Policy. |
| 9.30 |
"Importer" means a person who imports or
intends to import and holds an Importer-Exporter Code number unless
otherwise specifically exempted. |
| 9.31 |
"Infrastructure facilities" means industrial,
commercial and social infrastructure or any other facility for the
development of the Special Economic Zone 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 the job worker
so as to complete a part of the process resulting in the manufacture
or finishing of an article or any operation which is essential for
the aforesaid process. |
| 9.34 |
"Licensing Authority" means the authority
competent to grant a licence under the Act/Order. |
| 9.35 |
"Licensing Year" means the period beginning
on the 1st April of a year and ending on the 31st March of the 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 atleast three years between the operating
hotel/ hotel chain and the hotel being managed. The management contract
must necessarily cover the entire gamut of operations/ management
of the 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 this Policy, shall
also include agriculture, aquaculture, animal husbandry, floriculture,
horticulture, pisciculture, poultry, sericulture, viticulture and
mining. |
| 9.38 |
"Manufacturer Exporter" means a person who
export goods manufactured by him or intends to export such goods.
|
| 9.39 |
"MAI" means Market Access Initiative Scheme
notified by the Department of Commerce |
| 9.40 |
"Merchant Exporter" means a person engaged
in trading activity and exporting or intending to export goods. |
| 9.41 |
"NFE" means Net Foreign Exchange Earning
. |
| 9.42 |
"Notification" means a notification published
in the Official Gazette. |
| 9.43 |
"Order" means an Order made by the 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. |
| 9.46 |
"Policy" means the Foreign Trade Policy
2004-2009 as amended from time to time. |
| 9.47 |
"Prescribed" means prescribed under the
Foreign Trade (Development and Regulation) Act, 1992 (No. 22 of 1992)
or the Rules or Orders made thereunder or under this Policy. |
| 9.48 |
"Public Notice" means a notice published
under the provisions of paragraph 2.4 of the Policy. |
| 9.49 |
"Raw material" means: |
| |
| (i) |
basic materials which are needed for the 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. |
|
| 9.50 |
"Registration-Cum-Membership Certificate"
(RCMC) means the certificate of registration and membership granted
by an Export Promotion Council/ Commodity Board/ Development Authority
or other competent authority as prescribed in the Policy or Handbook
(Vol.1). |
| 9.51 |
"Rules" means Rules made by the Central
Government under Section 19 of the Act. |
| 9.52 |
"Services" include all the 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 the service consumer
of any other country in India; and |
| (iii) |
Supply of a 'service' from India through commercial or physical
presence in the 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 the 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 the Handbook (Vol.2), 2002-07/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. |
| 9.59 |
"Status holder" means an exporter recognized
as One to Five Star Export House by DGFT/ Development Commissioner.
|
| 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. The name of the supporting manufacturer as well as the exporter
must be endorsed on the 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 etc shall indicate
the name of both the manufacturing exporter/manufacturer and third
party exporter(s). The BRC, GR declaration , export order and the
invoice should be in the name of the third party exporter. |
| 9.63 |
"Transaction Value" as defined in the Customs
Valuation Rules of the Department of Revenue . |
| 9.64 |
"Unit Approval Committee" means the Committee
notified for Special Economic Zones to consider proposals on matters
relating to Special Economic Zone unit under its jurisdiction. |
| 9.65 |
"Wild Animal" means any wild animal as defined
in Section 2(36) of the Wildlife (Protection) Act, 1972. |
