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Unlawful Activities Prevention Act, 1967 (Central) Chapter V

Title: Forfeiture of Proceeds of Terrorism

State: Central

Year: 1967

.....provided under this Chapter. __________________________________________________ 1. Inserted by the Unlawful Activities (Prevention) Amendment Act, 2008 Section 25 - Powers of Investigating Officer and Designated Authority and Appeal Against Order of Designated Authority (1) If an officer investigating an offence committed under Chapter IV or Chapter VI, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned. (2) The investigating officer shall duly inform the Designated Authority within forty-eight hours of the seizure or attachment of such property. .....

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Prevention of Terrorism Act, 2002 [Repealed] Section 9

Title: Issue of Show Cause Notice Before Forfeiture of Proceeds of Terrorism

State: Central

Year: 2002

.....grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter. (2) No order of forfeiture shall be made under sub-section (1), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism. (3) It shall be competent for the Special Court to make an order in respect of property seized or attached,- (a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale; (b) nominating any officer of the Central or State Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the Special Court.

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Oil Industry Development Act 1974 Section 16

Title: Crediting of Proceeds, of Duty to Consolidation Fund of India

State: Central

Year: 1974

Section 16 - Crediting of proceeds, of duty to Consolidation Fund of India The proceeds of the duties of excise levied under section 15 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament by appropriation made by law in this behalf, so provides, pay to the Board from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised exclusively for the purposes of this Act. OIL INDUSTRY DEVELOPMENT ACT 1974 Section 16 - Crediting of proceeds, of duty to Consolidation Fund of India The proceeds of the duties of excise levied under section 15 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament by appropriation made by law in this behalf, so provides, pay to the Board from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised exclusively for the purposes of this Act.

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Estate Duty (Distribution) Act, 1962 [Repealed] Section 3

Title: Distribution of Net Proceeds of Estate Duty Assigned to the States

State: Central

Year: 1962

.....and brought into assessment in that financial year bears to the total gross value of all property brought into assessment in that year; (d) 'property" does not include agricultural land; (e) any property situated outside India shall be deemed to be situated in the State or, as the case may be, the Union Territory wherein the value of such property has been brought into assessment. ________________________ 1. Substituted for the words, figures and letters "the financial year commencing on the 1st day of April, 1984" by Estate Duty (Distribution) Amendment Act (Act 28 of 1985) w.e.f 01.04.1985. 2. Substituted for the words "be distributed, provisionally" by Estate Duty (Distribution) Amendment Act (Act 28 of 1985) w.e.f 01.04.1985.

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Unlawful Activities Prevention Act, 1967 (Central) Section 27

Title: Issue of Show Cause Notice Before Forfeiture of Proceeds of Terrorism

State: Central

Year: 1967

.....grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter. (2) No order of forfeiture shall be made under sub-section (1), if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism. (3) It shall be competent for the court to make an order in respect of the property seized or attached,-- (a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale; (b) nominating any officer of the Central Government or the State Government, in the case of any other property, to perform the function of the administrator of such property subject to such conditions as may be specified by the court.

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Government of India Act, 1935 [Repealed] Section 144

Title: Calculation of "net Proceeds," Etc.

State: Central

Year: 1935

(1) In the foregoing provisions of this chapter "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Auditor-General of India, whose certificates shall be final. (2) Subject as aforesaid, and to any other express provision of this chapter, an Act of the Federal Legislature may, in any case where under this Part of this Act the proceeds of any duty or tax are, or may be, assigned to any Province or State, or a contribution is, or may be, made to the revenues of the Federation by any Stale, provide for the manner in which the proceeds of any duty or tax and the amount of any contribution are to be calculated, for the times in each year and the manner at and in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.

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Constitution of India Article 279

Title: Calculation of "net Proceeds", Etc.

State: Central

Year: 1950

(1) In the foregoing provisions of this Chapter, "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Comptroller and Auditor-General of India, whose certificate shall be final. (2) Subject as aforesaid, and to any other express provision of this Chapter, a law made by Parliament or an order of the President may, in any case where under this Part the proceeds of any duly or tax are, or may be, assigned to any State, provide for the manner in which the proceeds are to be calculated, for the lime from or at which and the manner in which any payments are to be made, for the making of adjustment between one financial year and another, and for any other incidental or ancillary matters.

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Railways Act, 1989 Section 77

Title: Power of Railway Administration to Deliver Goods or Sale Proceeds Thereof in Certain Cases

State: Central

Year: 1989

Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed.

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Textiles Committee Act, 1963 Section 5F

Title: Payment of Proceeds of Cess to the Committee

State: Central

Year: 1963

1 [5F. Payment of proceeds of cess to the Committee The proceeds of the duty of excise collected under section 5A, reduced by the cost of collection as determined by the Central Government, shall first be credited to the Consolidated Fund of India and the Central Government may, after due appropriate made by Parliament by law, pay to the Committee from out of such proceeds, such sums of money as it thinks fit for being utilised for the purposes of this Act.] ________________________ 1. Sections 5A to 5F inserted by the Textiles Committee (Amendment) Act, 1973 (51 of 1973), Section 6 (1-1-1975).

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Jute Manufacturers Cess Act, 1983 Section 4

Title: Crediting Proceeds of Duties to the Consolidated Fund of India

State: Central

Year: 1983

The proceeds of the duty of excise levied under sub-section (1) of section 3 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament, by appropriation made by law in this behalf, so provides, pay to the Jute Manufactures Development Council, from time to time, from out of such proceeds (after deducting the cost of collection which shall not exceed four per cent.of such proceeds) such sums of money as it may think fit being utilised for the purposes of the Jute Manufactures Development Council Act, 1983.

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