SectionsParticulars
Preamble
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1Short title, extent and commencement
1. This Act may be called the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.2. It extends to the whole of India except the Sta...
2Application
(1) The provisions of this Act shall apply only to the person specified in sub-section (2).(2) The person referred to in sub-section (1) are the following nam...
3Definition
(1) In this Act, unless the context otherwise requires,-1. "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under sectio...
4Prohibition of holding illegally acquired property
–(1) As from the commencement of this Act, it shall not be lawful for any person to whom this Act applies to hold any illegally acquired property wither by hi...
5Competent authority
(1) The Central Government may, by order published in the official Gazette, authorize as many officers of the Central Government ( not below the rank of a joi...
6Notice of forfeiture
(1) If, having regard to the value of the properties held by any person to whom this act applies, either by himself or through any other person on this behalf...
7Forfeiture of property in certain cases
(1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 6, and the materials available befor...
8Burden of proof
-In any proceedings under this Act, the burden of proving that any property specified in the notice served under section 6 is not illegally acquired property ...
9Fine in lieu of forfeiture
(1) Where the competent authority makes a declaration that any property stands forfeited to the Central Government under section 7 and it is a case where the ...
10Procedure in relation to certain trust properties
–In the case of any person referred to in clause(vi) of Explanation 3 of sub-section (2), if the competent authority, on the basis of the information and mat...
11Certain transfers to be null and void
– Where after the issue of a notice under section 6 or under section 10, any property referred to in the said notice is transferred by any mode whatsoever su...
12Constitution of Appellate Tribunal
–(1) The Central Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited P...
13Notice or order not to be invalid for error in description
No notice issued or served, no declaration made, and no order passed, under this Act shall be deemed to be invalid by reason of any error in the description ...
14Bar of jurisdiction
- No order passed or declaration made under these Act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of ...
15Competent authority and Appellate Tribunal to have powers of civil court
The competent authority, and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 ( ...
16Information to competent authority
(1) Notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the Central Governmen...
17Certain officers to assist competent authority and Appellate Tribunal
For the purposes of any proceedings under this Act, the following officers are hereby empowered and required to assist the competent authority and the Appell...
18Power of competent authority to require certain officers to exercise certain powers
(1) For the purposes of any proceeding under this Act or the initiation of any such proceedings, the competent authority shall have power to cause to be condu...
19Power to take possession
(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 he fine due ...
20Rectification of mistakes
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 ...
21Finding under other laws not conclusive for proceedings under this Act
-No finding of any officer or authority under any law shall be conclusive for the purposes of any proceeding under this Act....
22Service of notices and orders
Any notice or order issued or made under this Act shall be served-1. By tendering the notice or order or sending it by registered post to the person for whom ...
23Protection of action taken in good faith
- No suit, prosecution or other proceeding shall lie against the Central Government or any officer of the Central or State Government for anything which is do...
24Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force....
25Provisions of the Act not to apply to certain properties held in trust
-Nothing contained in this Act shall apply in relation to any property held a trust or an institution created or established wholly for public religious or ch...
26Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.(2) In particular and without prej...
27Repeal and saving
-(1) The Smugglers and Foreign Manipulators (Forfeiture of Property) Ordinance, 1975 (20 of 1975) is hereby repealed.(2) Notwithstanding such repeal , anything...
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