Bare Act Search Results

Forfeiture Act 1859 Preamble 1

Title: Forfeiture Act, 1859

State: Central

Year: 1859

THE FORFEITURE ACT, 1859 [Act, No.9 of 1859] [AS ON 1956] [30th April, 1859] PREAMBLE An Act to provide for the adjudication of claims to property seized as forfeited. WHEREAS it is expedient {Certain words were rep.by Act 12 of 1891} to remove doubts concerning the powers of officers or other persons to whom commissions may have been issued for the trial of heinous offences in certain districts, and concerning the validity of convictions and adjudications of forfeiture made by such officers or other persons; It is enacted as follows:--

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Preamble 1

Title: Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976

State: Central

Year: 1976

THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS FORFEITURE OF PROPERTY) ACT, 1976 [Act, No. 13 of 1976] PREAMBLE An Act to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto. WHEREAS for the effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the national economy it is necessary to deprive persons engaged in such activities and manipulations of their ill-gotten gains; AND WHEREAS such persons have been augmenting such gains by violations of wealth-tax, income-tax or other laws or by other means and have thereby been increasing their resources for operating in a clandestine manner; AND WHEREAS such persons have in many cases been holding the properties acquired by them through such gains in the names of their relatives, associates and confidants; BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 9

Title: Fine in Lieu of Forfeiture

State: Central

Year: 1976

.....a case where the source of only a part, being less than one-half, of the income, earnings or assets with which such property was acquired has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to one and one fifth times the value of such part. Explanation.For the purposes of this sub-section, the value of any part of income, earnings, assets, with which any property has been acquired, shall be (a) in the case of any part of income or earnings, the amount of such part of income or earnings; (b) in the case of any part of assets, the proportionate part of the full value of the consideration for the acquisition of such assets. (2) Before making an order imposing a fine under sub-section (1),the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1),within such time as may be allowed in that behalf, the competent authority, may by order, revoke the declaration of forfeiture under section 7 and thereupon such property shall stand released.

Forfeiture Act 1859 Section 18

Title: Attachment Without Adjudication of Forfeiture Not Questionable Unless Offender Be Acquitted Within One Year, Etc

State: Central

Year: 1859

.....the validity of such attachment or seizure shall not be called in question by any Court or other authority in any suit or proceeding, unless the offender or alleged offender shall, within one year after the seizure of his property has surrendered himself for trial, and upon trial before a competent Court shall have been or shall be acquitted of the offence, and shall prove to the satisfaction of the Court that he did not escape or keep out of the way for the purpose of evading justice. Exemption of pardoned persons.- Nothing in this section shall extend to persons entitled to pardon upon Her Majesty's proclamation published in the Calcutta Gazette Extraordinary, dated the 1st of November, 1858, or to any person who having surrendered himself within the period of one year after the seizure of his property shall be {Substituted by the A.O.1937 for "discharged by order of Govt."} [duly discharged] without a prosecution.

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 Complete Act

State: Central

Year: 1976

.....Acts; (b) every person in respect of whom an order or detention has been made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974)-: Provided that- (i) such order of detention, being an order to which the provisions of section 9orsection 12A-of the said Act do not apply, has not been revoked on the report of the Advisory Board under section 8-of the said Act or before the receipt of the report of the Advisory Board or before making a reference to the Advisory Board; or (ii) such order of detention, being an order to which the provisions of section 9-ofthe said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9-, or on the report of the Advisory Board under section 8-, read with sub-section (2) of section 9-, of the said Act; or (iii) such order of detention, being an order to which the provisions of section 12A-of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8-, read with.....

Forfeiture (Repeal) Act, 2000 Complete Act

State: Central

Year: 2000

FORFEITURE (REPEAL) ACT, 2000 FORFEITURE (REPEAL) ACT, 2000 48 of 2000 December 8, 2000 An Act to repeal the Forfeiture Act, 1859Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:- Prefatory Note-Statement of Objects and Reasons.-The Forfeiture Act, 1859, as is evident from its preamble, was enacted to remove doubts concerning the powers of officers or other persons to whom commissions might have been issued for the trial of heinous offences in certain districts, and concerning the validity of convictions and adjudications of forfeiture made by such officers or other persons. The provisions of this Act, which was enacted during the British period, are considered repugnant to the basic principles of the legal system prevailing in the country and, therefore, this Act needs to be repealed. The Commission on Review of Administrative Laws has also recommended that the Forfeiture Act, 1859 be repealed. SECTION 01: SHORT TITLE -This Act may be called the Forfeiture (Repeal) Act, 2000. SECTION 02: REPEAL OF ACT 9 OF 1859 - The Forfeiture Act, 1859 is hereby repealed. Central Bare Acts

Forfeiture Act, 1859 Complete Act

State: Central

Year: 1859

.....himself for trial, and upon trial before a competent Court shall have been or shall be acquitted of the offence, and shall prove to the satisfaction of the Court that he did not escape or keep out of (he way tor the purpose of evading justice. Exemption of pardoned persons. Nothing in this section shall extend to persons entitled to pardon upon Her Majesty's proclamation published in the Calcutta Gazette Extraordinary, dated the 1st of November, 1858, or to any person who having surrendered himself within the period of one year after the seizure of his property shall be2[duly discharged] without a prosecution. SECTION 19: RELEASE OF PROPERTY ATTACHED AS FORFEITED 1868 (8 of 1868.)] [Repealed by the Repealing Act, SECTION 20: RIGHTS OF PARTIES NOT CHARGED WITH OFFENCE INVOLVING FORFEITURE PROVISO Nothing in this Act shall be held to affect the rights of parties not charged with any offence for which upon conviction the property of the offender is forfeited in respect of any property attached or seized as forfeited or liable to be forfeited to Government: Provided that; no suit brought by any party in respect of such property shall be entertained unless it be instituted.....

The Kerala Escheats and Forfeitures Act, 1964 Complete Act

State: Kerala

Year: 1964

THE KERALA ESCHEATS AND FORFEITURES ACT, 1964 THE KERALA ESCHEATS AND FORFEITURES ACT, 1964 (ACT 4 Of 1964) [1] An Act to provide for the administration, supervision, custody and disposal of escheats and unclaimed property. Preamble.-WHEREAS it is necessary to provide for the administration, supervision, custody and disposal of escheats and unclaimed property in the State of Kerala ; BE it enacted in the Fifteenth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title, extent and commencement.-(1) This Act may be called the Kerala Escheats and Forfeitures Act, 1964. (2) It extends to the whole of the State of Kerala . (3) It shall come into force on such date as the Government may, by notification in thee Gazette, appoint. 2. Definitions.-In this Act, unless the context otherwise requires,- (a) "Board" means the Board of Revenue for the State of Kerala , constituted under the Kerala Board of Revenue Act, 1957 ; (b) "collector" means the collector of a district and includes any other officer empowered by the Government to exercise all or any of the powers of a collector under this Act ; (c) "court" means any civil court of competent.....

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1976

(1) This Act maybe called the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 5th day of November, 1975.

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 27

Title: Repeal and Saving

State: Central

Year: 1976

(1)The Smugglers and Foreign Manipulators (Forfeiture of Property) Ordinance, 1975 (20 of 1975) is hereby repealed. (2)Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.