Bare Act Search Results

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 Complete Act

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

State: Central

Year: 1976

.....error in description Section14 - Bar of jurisdiction Section15 - Competent authority and Appellate Tribunal to have powers of civil court Section16 - Information to competent authority Section17 - Certain officers to assist competent authority and Appellate Tribunal Section18 - Power of competent authority to require certain officers to exercise certain powers Section19 - Power to take possession Section20 - Rectification of mistakes Section21 - Finding under other laws not conclusive for proceedings under this Act Section22 - Service of notices and orders Section23 - Protection of action taken in good faith Section24 - Act to have overriding effect Section25 - Provisions of the Act not to apply to certain properties held in trust Section26 - Power to make rules Section27 - Repeal and saving

Smugglers and Foreign Exchange Manipulators (Appellate Tribunal for Forfeited Property) Rules, 1977 Complete Act

State: Central

Year: 1977

.....civil court as specified in section 15 - RULE 09: JOINT HEARING AND DISPOSAL OF APPEALS In a case where two or more appeals are filed against an order or orders of the competent authority, such of the appeals as may be heard and disposed of together may be disposed of by a single order. RULE 10: GROUNDS WHICH MAY BE TAKEN IN APPEAL The appellant shall not, except with the leave of the Tribunal, urge or be heard in support of any ground not set forth in the memorandum of appeal, but the Tribunal, in deciding the appeal, shall not be confined to the grounds set forth in the memorandum of appeal or taken with the leave of the Tribunal under this rule: Provided that the Tribunal shall not rest its decision on any ground other than the grounds set forth in the memorandum of appeal unless the party which may be affected thereby has had a reasonable opportunity of being heard on that ground. RULE 11: ADJOURNMENT The Tribunal may adjourn the hearing of any case to any other date and inform the parties of the next date and place of hearing of the case. RULE 12: DISMISSAL OF APPEAL FOR APPELLANT'S DEFAULT, ETC Where on the day fixed for hearing or on any other day to which.....

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

State: Central

Year: 1976

.....is hereby provided that the question whether any person is a person to whom the provisions of this Act apply may be determined with reference to any facts, circumstances or events (including any conviction or detention) which occurred or took place before the commencement of this Act. SECTION 2A: ACT NOT TO APPLY TO CERTAIN PERSONS On and from the commencement of the provisions of Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the provisions of this Act shall not apply to persons in relation to whom any order, or proceeding, may be made or taken under that Chapter.] SECTION 03: DEFINITIONS (1) In this Act, unless the context otherwise requires,- (a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 12-; (b) "competent authority" means an officer of the Central Government authorised by it under subsection (1) of section 5-to perform the functions of a competent authority under this Act; (c) "illegally acquired property", in relation to any person to whom this Act applies, means- (i) any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out.....

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.

Securities and Exchange Board of India Act, 1992 Chapter VA

Title: Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities or Control

State: Central

Year: 1992

1 [CHAPTER VA PROHIBITION OF MANIPULATIVE AND DECEPTIVE DEVICES, INSIDER TRADING AND SUBSTANTIAL ACQUISITION OF SECURITIES OR CONTROL ______________________ 1.Inserted by by Act 59 of 2002, section 7(w.r.e.f. 29-10-2002).

Securities and Exchange Board of India Act, 1992 Section 12A

Title: Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities Orcontrol

State: Central

Year: 1992

.....made thereunder; (b) employ any device, scheme or artifice to defraud in connection with issue or dealing in securities which are listed or proposed to be listed on a recognised stock exchange; (c) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions of this Act or the rules or the regulations made thereunder; (d) engage in insider trading; (e) deal in securities while in possession of material or non-public information or communicate such material or non-public information to any other person, in a manner which is in contravention of the provisions of this Act or the rules or the regulations made thereunder; (f) acquire control of any company or securities more than the percentage of equity share capital of a company whose securities are listed or proposed to be listed on a recognised stock exchange in contravention of the regulations made under this Act.]

Securities and Exchange Board of India Act, 1992 Amending Act 1

Title: Amendment Act

State: Central

Year: 1992

.....in connection with issue or dealing in securities which are listed or proposed to be listed on a recognised stock exchange; (c) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions of this Act or the rules or the regulations made thereunder; (d) engage in insider trading; (e) deal in securities while in possession of material or non-public -information or communicate such material or non-public information to any other person, in a manner which is in contravention of the provisions of this Act or the rules or the regulations made thereunder; (f) acquire control of any company or securities more than the percentage of equity share capital of a company whose securities are listed or proposed to be listed on a recognised stock exchange in contravention of the regulations made under this Act.". 8. Amendment of section 14. In section 14 of the principal Act, in subsection (1), clause (aa) shall be omitted. 9. Amendment of section 15A. In.....

Securities and Exchange Board of India Act, 1992 Complete Act

State: Central

Year: 1992

..... (2) While holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in subsection (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. SECTION 15J: FACTORS TO BE TAKEN INTO ACCOUNT BY THE ADJUDICATING OFFICER While adjudging the quantum of penalty under section 15-I-, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default; (c) the repetitive nature of the default. SECTION 15JA: CREDITING SUMS REALISED BY WAY OF PENALTIES TO CONSOLIDATED FUND OF INDIA 54All sums realised by way of.....