(1) This Act may be called the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.
(1) The provisions of this Act shall apply only to the persons specified in
sub-section (2).
(2) The persons referred to in sub-section (1) are the following, namely:--
(a) every person--
(i) who has been convicted under the Sea Customs Act, 1878 (8 of 1878), or the Customs
Act, 1962 (52 of 1962), of an offence in relation to goods of a value exceeding one lakh of
rupees; or
(ii) who has been convicted under the Foreign Exchange Regulation Act, 1947 (7 of 1947), or
the Foreign Exchange Regulation Act, 1973 (46 of 1973), of an offence, the amount or value
involved in which exceeds one lakh of rupees; or
(iii) who having been convicted under the Sea Customs Act, 1878 (8 of 1878), or the
Customs Act, 1962 (52 of 1962), has been convicted subsequently under either of those Acts; or
(iv) who having been convicted under the Foreign Exchange Regulation
Act, 1947 (7 of 1947), or the Foreign Exchange Regulation Act, 1973 (46 of 1973), has been
convicted subsequently under either of those Acts;
(b) every person in respect of whom an order of 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 9 or section 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of the said Act do not apply, has not been revoked on the report of the Advisory Board under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 of the 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apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of section 9, or on the report of the Advisory Board under section 8,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 provision 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Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first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 sub-section (6) of section 12A, of that Act; or
(iv) such order of detention has not been set aside by a court of competent jurisdiction;
(c) every person who is a relative of a person referred to in clause (a) or clause (b);
(d) every associate of a person referred to in clause (a) or clause (b);
(e) any holder (hereafter in this clause referred to as the present holder) of any property which
was at any time previously held by a person referred to in clause (a) or clause (b) unless the present
holder or, as the case may be, any one who held such property after such person and before the
present holder, is or was a transferee in good faith for adequate consideration.
Explanation 1.--For the purposes of sub-clause (i) of clause (a), the value of any goods in relation to
which a person has been convicted of an offence shall be the wholesale price of the goods in the ordinary
course of trade in India as on the date of the commission of the offence.
Explanation 2.--For the purposes of clause (c), "relative", in relation to a person, means--
(i) spouse of the person;
(ii) brother or sister of the person;
(iii) brother or sister of the spouse of the person;
(iv) any lineal ascendant or descendant of the person;
(v) any lineal ascendant or descendant of the spouse of the person;
(vi) spouse of a person referred to in clause (ii), clause (iii) clause (iv) or clause (v);
(vii) any lineal descendant of a person referred to in clause (ii) or clause (iii).
Explanation 3@/i--@.For the purposes of clause (d), "associate", in relation to a person, means--
(i) any individual who had been or is residing in the residential premises (including outhouses) of
such person;
(ii) any individual who had been or is managing the affairs or keeping the accounts of such
person;
(iii) any association of persons, body of individuals, partnership firm, or private company within
the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is a member,
partner or director;--
(iv) any individual who had been or is a member, partner or director of an association of persons,
body of individuals, partnership firm or private company referred to in clause (iii) at any time when
such person had been or is a member, partner or director of such association, body, partnership firm
or private company;
(v) any person who had been or is managing the affairs, or keeping the accounts, of an association
of persons, body of individuals, partnership firm or private company referred to in clause (iii);
(vi) the trustee of any trust, where,--
(a) the trust has been created by such person; or
(b) the value of the assets contributed by such person (including the value of the assets, if
any, contributed by him earlier) to the trust amounts, on the date on which the contribution is
made, to not less than twenty per cent. of the value of the assets of the trust on that date;
(vii) where the competent authority, for reasons to be recorded in writing, considers that any
properties of such person are held on his behalf by any other person, such other person.
Explanation 4.-- For the avoidance of doubt, it 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.
1
* * * * *
1On 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.
(1) In this Act, unless the context otherwise requires,
(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 either by himself or through any other person on his behalf.
(1) The Central Government may, by order published in the Official Gazette, authorise as many officers of the Central Government (not below the rank of a Joint Secretary to the Government), as it thinks fit, to perform the functions of the competent authority under this Act.
(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 his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of action taken under section 18 or otherwise, the competent authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days, to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the Central Government under this Act.
(1) The competent authority may, after considering the explanation, if any, to the show-cause notice issued under section 6, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties.
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 shall be on the person affected.
(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 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.
In the case of any person referred to in clause (vi) of Explanation 3 to sub-section (2) of section 2, if the competent authority, on the basis of the information and materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within such time as may be specified in the notice which shall not ordinarily be less than thirty days, to explain the source of the money or other assets out of or by means of which such property was acquired or, as the case may be, the source of the money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 and all the other provisions of this Act shall apply accordingly.
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 such transfer shall, for the purposes of the proceedings under this Act, be ignored and if such property is subsequently forfeited to the Central Government under section 7, then, the transfer of such property shall be deemed to be null and void.
(1) The Central Government may, by notification in the Official Gazette, constitute an Appellate Tribunal 1 *** consisting of a Chairman and such number of other members (being officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central Government thinks fit, to be appointed by the Government for 2 [hearing appeals the orders made--
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 02-02-2016 | Appellate Tribunal for Forfeited Property (Procedure for Appointment of Chairman) Rules, 2016 |
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 03-01-1977 | Principal Notification dated 03.01.1977 - constituting the Appellate Tribunal for Forfeited Property |
1[12A. Qualifications, terms and conditions of service of Chairperson, and Member.-- Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of 2[the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]:
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 of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.
No order passed or declaration made under this Act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
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 (5 of 1908), in respect of the following matters, namely:--
(1) Notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Act.
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:--
(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.
(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 therefor under sub-section (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.
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:
No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceeding under this Act.
Any notice or order issued or made under this Act shall be served--
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 done, or intended to be done, in good faith, in pursuance of this Act or the rules made thereunder.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Nothing contained in this Act shall apply in relation to any property held by a trust or an institution created or established wholly for public, religious or charitable purposes if--
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 04-08-1978 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1978 | |||
| 15-11-1980 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1980 | |||
| 31-12-1985 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1985 | |||
| 15-07-1987 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1987 | |||
| 24-11-1988 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1988 | |||
| 24-01-1994 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1994 | |||
| 02-09-1998 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 1998 | |||
| 01-10-2001 | Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Amendment Rules, 2001 | |||
| 02-02-2016 | Appellate Tribunal for Forfeited Property (Procedure for Appointment of Chairman) Rules, 2016 |
(1) The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Ordinance, 1975 (20 of 1975), is hereby repealed.