- (1.) The Imports and Exports (Control) Act, 1947 empowers the Central Government to prohibit, restrict or otherwise control imports and exports. In exercise of the powers conferred by S.3 and 4A of that Act, the Imports (Control) Order, 1955 has been issued, Schedule I whereof contains the list of articles of which Imports are controlled. The import of such items is prohibited except (a) under and in accordance with a licence or customs clearance, or, (b) when they are covered by the Savings Clause 11 of the Order, or (c) when they are covered by an Open General Licence, subject to such conditions as may be stipulated therein.
(2.) The Import and Export Policy for the period April, 198 8/03/1991, declared by the authority concerned, is published by the Ministry of Commerce in two Volumes, Volume I containing the Imports and Exports Promotion Policy and Volume II containing the Policy and Procedure in respect of Items under Export licensing. As would appear from paragraph 1(2) of Chapter I of Volume 1, the Government reserves the right to make amendments! changes in this Policy, which may become necessary in public interest from time to time during the above period of three years. But such Amendments etc. will have to be notified, as usual, by means of public notices/ amendment orders etc. issued by the Chief Controller of Imports and Exports from time to time and it is provided further that the provisions contained in these two Volumes "are subject to such amendments or changes as and when notified".
(3.) The facts, material for the purpose of the case, lie in a narrow compass and the question involved is also a short one. The petitioner company is a Small Scale Industry Unit provisionally registered with the Directorate of Cottage and Small Scale Industries of the Government of West Bengal. As would appear from paragraph 60, Chapter V of Volume 1, the petitioner is eligible for availing of the open General licence for import if the Sponsoring Authority has certified it for the purpose. As would appear from Volume II being the Hand Book of Procedure, Appendix II-R, the Director of Industries of the concerned State is the Sponsoring Authority and it is not disputed that the petitioner has been duly sponsored. It has also not been disputed that the petitioner is Actual User (Industrial). as defined in Paragraph 6(3) of Chapter I of Volume I and is accordingly entitled to import the articles and materials as listed in Appendix 6, List 8, Part I under Open General Licence. The materials required and sought to be imported by the petitioner come under Item No.849(i), being "non-alloy steel with carbon less than 0.6%, uncoated cold rolled strips/coils/sheets in seconds/defectives condition of thickness 0.27 and thinner".;