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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 (Appellate Tribunal for Forfeited Property) Rules, 1977 Complete Act

State: Central

Year: 1977

.....PROCEDURE FOR FILING APPEALS AND PETITIONS (1)Any person aggrieved by an order of the competent authority 1a[under section 7or sub-section (1) of section 9 -or section 10 -of the Act] may prefer an appeal to the Tribunal. (2)A memorandum of appeal shall be in Form A annexed hereto and shall be in English or in Hindi and shall set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative, and such grounds shall be numbered consecutively. (3) (a) Every memorandum of appeal shall be presented by the appellant in person or by his authorised representative to the Registrar at the office of the Tribunal or to an officer authorised in this behalf by the Chairman (hereinafter referred to as the authorised officer) or shall be sent by registered post, acknowledgement due, addressed to the Registrar or to such authorised officer: Provided that where there are more appellants than one, it shall be sufficient if the2[appeal] is presented by one of the appellants or by the authorised representative of all the appellants. (b)Where the memorandum of appeal is sent by registered post, the date of receipt of the memorandum of appeal at the office of.....

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.....

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.

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 Forfeiture of Property) Act, 1976 Section 17

Title: Certain Officers to Assist Competent Authority and Appellate Tribunal

State: Central

Year: 1976

For the purposes of any proceedings under this Act, the following officers are hereby empowered and required to assist the competent authority and the Appellate Tribunal, namely:-- (a) officers of the Customs Department; (b) officers of the Central Excise Department; (c) officers of the Income-tax Department; (d) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973); (e) officers of police; (f) such other officers of the Central or State Government as are specified by the Central Government in this behalf by notification in the Official Gazette.

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 18

Title: Power of Competent Authority to Require Certain Officers to Exercise Certain Powers

State: Central

Year: 1976

(1) For the purposes of any proceedings under this Act or the initiation of any such proceedings, the competent authority shall have power to cause to be conducted any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account or any other relevant matters. (2) For the purposes referred to in sub-section (1), the competent authority may, having regard to the nature of the inquiry, investigation or survey, require an officer of the Income-tax Department to conduct or cause to be conducted such inquiry, investigation or survey. (3) Any officer of the Income-tax Department who is conducting or is causing to be conducted any inquiry, investigation or survey required to be conducted under sub-section (2) may, for the purpose of such inquiry, investigation or survey, exercise any power (including the power to authorize the exercise of any power) which may be exercised by him for any purpose under the Income-tax Act, 1961 (43 of 1961), and the provisions of the said Act shall, so far as may be, apply accordingly.

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 19

Title: Power to Take Possession

State: Central

Year: 1976

(1) Where any property has been declared to be forfeited to the Central Government under this Act, or where the person affected has failed to pay the fine due under sub-section (1) of Section 9 within the time allowed therefore under subsection (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or to any person duly authorised by it in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2),the competent authority may, for the purpose of taking possession of any property referred to in sub-section (1),requisition the service of any police officer to assist the competent authority and it shall be the duty of such officer to comply with such requisition.

Smugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 20

Title: Rectification of Mistakes

State: Central

Year: 1976

With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.