REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 4]

NEW DELHI, TUESDAY, FEBRUARY 22, 1966/PHALGUNA 3, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha

on the 22nd

February. 1966: —

BILL NO. 14 OF 1966

A Bill further to amend the Imports and Exports

(Control)

Act, 1947.

BE it enacted by Parliament in the Seventeenth Year of the

Republic of India as follows: —

1. This Act may be called the Imports and Exports

(Control)

Amendment Act, 1966.

2. In section 1 of the Imports and Exports (Control) Act, 1947

(hereinafter referred to as the principal Act), in sub-section (3), for

the figures "1966", the figures "1971" shall be substituted.

3. In section 3 of the principal Act, for sub-section (2), the follow-

ing sub-section shall be substituted, namely: —

"(2) All goods to which any order under

sub-section

(1) applies shall be deemed to be goods of which the import

18 of 1947.

5

10

Short

title.

Amend-

ment of

section 1.

Amend

ment of

section 3.

( 4 9 )

50

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

or export has been prohibited under section 11 of the Customs

Act, 1962, and all the provisions of that Act shall have effeci

accordingly.".

4. For section 5 of the principal Act, the following section shall be

substituted, namely: —

"5. If any person contravenes or attempts to contravene, oi

abets a contravention of, any order made or deemed to have been

made under this Act or any condition of a licence granted

under any such order, he shall, without prejudice to any confisca-

tion or penalty to which he may be liable under the provisions

of the Customs Act, 1962, be punishable with imprisonment for

a term which may extend to two years and also with fine:

Provided that in the absence of special and adequate reasons

to the contrary to be recorded in the judgment of the Court,

such imprisonment shall not be for less than six months.".

Subatitu-

tionaf

new sec-

tion lor

section 5.

Penalty.

52 of 1962.

5

10

52 of 1962.

15

SEC. 2J

THE GAZETTE OF INDIA EXTRAORDINARY

5i

STATEMENT OF OBJECTS AND REASONS

The Imports and Exports (Control) Act, 1947 will cease to have

effect on the 31st day of March, 1966, from which date there will be

no legislative sanction for the continuance of import and export

controls.

2. The need for the Central Government to have legislative powers

to control the foreign trade of the country is as great today as it was

in 1947. The country is embarking on an ambitious Fourth Five

Year Plan. The defence requirements also are much more than in

the past- The need to conserve foreign exchange is, therefore,

imperative and the position needs to be controlled closely and conti-

nuously to ensure optimum utilisation of available foreign exchange

resources for the purchase of goods required to sustain industriali-

sation, to protect the indigenous industry and to meet essential

requirements of defence and export-oriented industries. On the

export side, it is necessary to ensure healthy practices in our foreign

trade and to safeguard the interest of the country in respect of items

primarily required for home consumption particularly in the present

emergency.

3. The Bill accordingly seeks to continue for another five years

that is, up to 31st March, 1971, the powers at present vested in the

Central Government for control and regulation of imports and

exports under the aforesaid Act.

4. The Bill also seeks to amend section 5 of the Act to make pro-

vision for a minimum penalty in pursuance of the recommendations

of the Committee on Prevention of Corruption.

5. Opportunity has been taken to make certain changes in the

Act, consequential on the repeal of the Sea Customs Act, 1878 and

the enactment of the Customs Act, 1962 in its place.

NEW DELHI;

The 14th February, 1966.

MANUBHAI SHAH.

52

THE GAZETTE OF INIHA EXTHAORDINAHY

[PART II—SEC. 2,

FINANCIAL MEMORANDUM

The Imports and Exports (Control) Amendment Bill, 1966 seeks

to extend the life of the existing Imports and Exports (Control)

Act, 1947 by another five years from 31st March, 1966. The Import

and Export Trade Control Organisation is an existing Organisation

and it is proposed to continue this Organisation for the extended

period of the Act. The revised estimated expenditure on this Organ-

isation for the year 1965-66 is Rupees one crore eleven lakhs four

thousand seven hundred and the budget estimate proposed for this

Organisation for the year 1966-67 is Rupees one crore nineteen

lakhs eighty-two thousand one hundred. It is not possible at the

present stage to indicate precisely the likely extra expenditure that

will be incurred on this Organisation for the years subsequent to

1966-67, except to say that it is likely to be more or less on the same

pattern. In any case, no expenditure will be incurred without due

appropriation made by Parliament by law in this behalf.

S. L. SHAKDHER,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA

PHESB,

MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATION3,

DELHI, 1966.