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Home Bare Acts Phrase: confiscationCustoms Act, 1962 Chapter 14
Title: Confiscation of Goods and Conveyances and Imposition of Penalties
State: Central
Year: 1962
.....for exportation under claim for drawback which do not correspond in any material particular with any information furnished by the exporter or manufacturer under this Act in relation to the fixation of rate of drawback under section 75;] (j) any goods on which import duty has not been paid and which are entered for exportation under a claim for drawback under section 74; (k) any goods cleared for exportation 4 [***] which are not loaded for exportation on account of any wilful act, negligence or default of the exporter, his agent or employee, or which after having been loaded for exportation are unloaded without the permission of the proper officer; 5 [(l) any specified goods in relation to which any provisions of Chapter IVB or of any rule made under this Act for carrying out the purposes of that Chapter have been contravened.] ____________________ 1. The Words "dutiable or prohibited" omitted by Act 32 of 2003, section 116 (w.e.f. 14-5-2003). 2. Substituted by Act 32 of 2003, section 116, for clause (i) (w.e.f. 14-5-2003). 3. Inserted by Act 49 of 1991, section 120 (w.e.f. 1-4-1991). 4. The words "under a claim for drawback" omitted by Act 32 of 2003, section.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 6A
Title: Confiscation of Essential Commodity
State: Central
Year: 1955
.....or not the prosecution is instituted for the contravention of such order and the Collector, if satisfied that there has been a contravention of the order, may order confiscation of-- (a) the essential commodities so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that, without prejudice to any action which may be taken under any other provision of this Act, no foodgrains or edible oilseeds seized in pursuance of an order made under section 3 in relation thereto from producer shall, if the seized foodgrains or edible oil-seeds have been produced by him, be confiscated under this section. (2) Where the Collector, on receiving a report of seizure or in inspection of any essential commodity under sub-section (1), is of the opinion that such essential commodity is subject to speedy and natural decay or that it is otherwise, expedient in the public interest so to do, he may order the same to be sold at the controlled price if any, fixed under any law for the time being in force. (3) In the case of foodgrains, where there is.....
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).
View Complete Act List Judgments citing this sectionKarnataka Excise Act, 1965(Karnataka) Section 43A
Title: Confiscation by Excise Officers in Certain Cases
State: Karnataka
Year: 1965
.....the authorised officer may pending final disposal of the proceedings inrespect of the property seized under sub-section (1) and subject to this sectionand sections 43B to 43G,- (i)release the seized property except excisable articles to the owner of suchproperty; (ii)release the seized excisable articles to their owner if he possesses a licenceunder the Act or the rules made thereunder; onproduction of a Bank Guarantee issued from a Scheduled Bank for a sum equal tothe value as estimated by the authorised officer, (which shall be renewable byhim from time to time till final disposal of such proceeding) and on executionby the owner thereof a bond for production of such property or as the case maybe, excisable articles so released, if and when so required, before theauthorised officer.] (3)When making an order of confiscation under sub-section (2), the authorisedofficer may also order that such of the properties to which the order ofconfiscation relates, which in his opinion cannot be preserved or are not fitfor human consumption, be destroyed. (4)Where the authorised officer after passing an order of confiscation undersub-section (2), is of the opinion that it is.....
View Complete Act List Judgments citing this sectionForeign Trade Development and Regulation Act 1992 Chapter 4
Title: Search, Seizure, Penalty and Confiscation
State: Central
Year: 1992
.....and seizures shall, so far as may be, apply to every search and seizure made under this section. Section 11 - Contravention of provisions of this Act, rules, orders and export and import policy (1) No export or import shall be made by any person except in accordance with the provisions of this Act, the rules and orders made thereunder and the export and import policy for the time being in force. (2) Where any person makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more. (3) Where any person, on a notice to him by the Adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes of cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person. (4) A penalty imposed under this Act may, if it is not paid, be recovered as an arrear of land revenue and the.....
View Complete Act List Judgments citing this sectionCable Television Networks (Regulation) Act, 1995 Chapter 3
Title: Seizure and Confiscation of Certain Equipment
State: Central
Year: 1995
.....section 11 or section 12 shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this Act. Section 14 - Giving of opportunity to the cable operator of seized equipment (1) No order adjudicating confiscation of the equipment referred to in section 12 shall be made unless the cable operator has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such equipment and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice against the confiscation and if he so desires of being heard in the matter: Provided that where no such notice is given within a period of ten days from the days of the seizure of the equipment, such equipment shall be returned after the expiry of that period to the cable operator from whose possession it was seized. (2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, so far as may be, apply to every proceeding referred to in sub-section (1). Section 15 - Appeal (1) Any person aggrieved by any.....
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 6B
Title: Issue of Show Cause Notice Before Confiscation of Foodgrains, Etc.
State: Central
Year: 1955
.....vehicle vessel or other conveyance shall be made under section 6A if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.] 7 [(3) No order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.] STATE AMENDMENT 8 Uttar Pradesh After section 6B, insert the following section, namely: "6BB. Review.--(1) Where the Collector is satisfied that an order of confiscation or an order refusing confiscation made under section 6A suffers from a mistake apparent on the face of the record (including any mistake of law) he may within one month of such order issue notice to.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Chapter IX
Title: Reciprocal Arrangement for Assistance in Certain Matters and Procedure for Attachment and Confiscation of Property
State: Central
Year: 2002
.....this Act, may issue a letterof request to a court or an authority in the contracting State competent todeal with such request to-- (i) examine facts andcircumstances of the case, (ii) take such stepsas the Special Court may specify in such letter of request, and (iii) forward all theevidence so taken or collected to the Special Court issuing such letter ofrequest. (2) The letter ofrequest shall be transmitted in such manner as the Central Government mayspecify in this behalf. (3) Every statementrecorded or document or thing received under sub-section (1) shall be deemed tobe the evidence collected during the course of investigation. Section 58 - Assistance to a contracting State in certain cases Where a letter of request is received by the Central Government from a court or authority in a contracting State requesting for investigation into an offence or proceedings under this Act and forwarding to such court or authority any evidence connected therewith, the Central Government may forward such letter of request to the Special Court or to any authority under the Act as it thinks fit for execution of such request in accordance with the provisions of this Act or,.....
View Complete Act List Judgments citing this sectionChemical Weapons Convention Act, 2000 Section 36
Title: Procedure in Making Confiscation
State: Central
Year: 2000
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any goods seized under this Act is liable to confiscation and, if it decides that the goods is so liable, it may order confiscation accordingly. (2) Where any goods seized under this Act appears to be liable to confiscation under section 33 or section 34 or section 35, but the person who committed the offence therewith is not known or cannot be found, the court may inquiry into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of any goods shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim. (3) Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 27
Title: Procedure in Making Confiscation
State: Maharashtra
Year: 1936
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the court shall decide whether any article seized under this Act is liable to confiscation under the preceding section, and if it decides that the article is so liable, it may order its confiscation accordingly. (2) When any article seized under this Act appears liable to confiscation under the preceding section but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer duly empowered in this behalf may inquire into and decide such liability and may order confiscation accordingly: Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of seizure or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in support of his claim: Provided further that if any such article, other than opium, is liable to speedy and natural decay, or if the Collector or other officer is of opinion that its sale would be for the benefit of its owner, he may at any time direct it to be sold and the provisions of this sub-section shall,.....
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