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Start Free TrialForeign Exchange Management Act, 1999 Section 14
Title: Enforcement of the Orders of Adjudicating Authority
State: Central
Year: 1999
.....to be detained in the custody of such officer as the Adjudicating Authority may think fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority for his appearance as and when required. (9) Upon the conclusion of the inquiry, the Adjudicating Authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: Provided that in order to give a defaulter an opportunity of satisfying the arrears, the Adjudicating Authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the Adjudicating Authority for his appearance at the expiration of the specified period if the arrears are not satisfied. (10) When the Adjudicating Authority does not make an order of detention under sub-section (9), he shall, if the defaulter is under arrest, direct his release. (11) Every person detained in the civil prison in execution of the certificate may be so.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 6
Title: Adjudicating Authorities, Composition, Powers, Etc
State: Central
Year: 2002
.....of the Adjudicating Authority is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson of the Adjudicating Authority until the date on which the Chairperson of the Adjudicating Authority resumes his duties. (15) The Adjudicating Authority shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Adjudicating Authority shall have powers to regulate its own procedure. _______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "one or more Adjudicating Authorities" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Sixty two"
View Complete Act List Judgments citing this sectionForeign Exchange Management Act, 1999 Section 16
Title: Appointment of Adjudicating Authority
State: Central
Year: 1999
.....take the assistance of a legal practitioner or a chartered accountant of his choice for presenting his case before the Adjudicating Authority. (5) Every Adjudicating Authority shall have the same powers of a civil court which are conferred on the Appellate Tribunal under sub-section (2) of section 28 and - (a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860); (b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) Every Adjudicating Authority shall deal with the complaint under sub-section (2) as expeditiously as possible and endeavor shall be made to dispose of the complaint finally within one year from the date of receipt of the complaint: Provided that where the complaint cannot be disposed of within the said period, the Adjudicating Authority shall record periodically the reasons in writing for not disposing of the complaint within the said period.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 7
Title: Staff of Adjudicating Authorities
State: Central
Year: 2002
(1) The Central Government shall provide each AdjudicatingAuthority with such officers and employees as that Government may think fit. (2) The officers and employees of the Adjudicating Authority shalldischarge their functions under the general superintendence of the Chairpersonof the Adjudicating Authority. (3) The salaries and allowances and other conditions of service ofthe officers and employees of the Adjudicating Authority shall be such as maybe prescribed.
View Complete Act List Judgments citing this sectionExport (Quality Control and Inspection) Act, 1963 Section 11A
Title: Penalty for Contravention of Order Made by Adjudicating Authority or Appellate Authority
State: Central
Year: 1963
1[11A. Penalty for contravention of order made by adjudicating authority or Appellate authority If any person fails to pay the penalty imposed by the adjudicating or the Appellate authority or fails to comply with any direction or order made, or deemed to have been made, under this Act, he shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. ________________________ 1. Sections 11A to 11C by Export (Quality Control and Inspection) Amendment Act (Act 40 of 1984) w.e.f 02.07.1984.
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Chapter III
Title: Attachment, Adjudication and Confiscation
State: Central
Year: 2002
.....sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or on the date of an order made under sub-section (2) of section 8, whichever is earlier. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. Explanation.--For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the Adjudicating Authority. ______________________ 1. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "ninety days" 2. Substituted by the Prevention of Money-Laundering (Amendment) Act 2009 w.e.f. 01.06.2009 Previous text was "Provided that no such order of attachment shall be made unless, in relation to an offence under-- (i) Paragraph 1 of Part A.....
View Complete Act List Judgments citing this sectionForeign Exchange Management Act, 1999 Chapter 5
Title: Adjudication and Appeal
State: Central
Year: 1999
.....Tribunal for Foreign Exchange to hear appeals against the orders of the Adjudicating Authorities and the Special Director (Appeals) under this Act. Section 19 - Appeal to Appellate Tribunal (1) Save as provided in sub-section (2), the Central Government or any person aggrieved by an order made by an Adjudicating Authority other than those referred to in sub-section (1) of section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal: Provided that any person appealing against the order of the Adjudicating Authority or the Special Director (Appeals) levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be notified by the Central Government: Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 8
Title: Adjudication
State: Central
Year: 2002
.....earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of section 5, or, seized under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property. (2) The Adjudicating Authority shall, after-- (a) considering the reply, if any, to the notice issued under sub-section (1); (b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and (c) taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 68
Title: Transport Authorities
State: Central
Year: 1988
.....(3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions. (5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. QQZZ ______________________ 1. Inserted by Act 54 of 1994, section 22 (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Chapter 6
Title: Adjudication of Confiscations and Penalties
State: Central
Year: 1944
.....be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during the proceeding.] ________________________ 1. Inserted by Act 23 of 2004, section 81 (w.e.f. 10-9-2004). Section 34 - Option to pay fine in lieu of confiscation Whenever confiscation is adjudged under this Act or the rules made thereunder, the officer adjudging it, shall give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit. Section 34A - Confiscation or penalty not to interfere with other punishments 1[34A. Confiscation or penalty not to interfere with other punishments No confiscation made or penalty imposed under the provisions of this Act or of any rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law.] ________________________ 1. Inserted by Act 36 of 1973, section 22 (w.e.f. 1-9-1973).
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