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| Home > Indian Bare Acts > THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 > CHAPTER VI MISCELLANEOUS |
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| THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 |
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Title : THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974
Year : 1974
Act :
CHAPTER VI
MISCELLANEOUS
23.Penalties.
23. Penalties. Any person who, being required under this Act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true, shall be punishable with fine which may extend to five hundred rupees.
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1. Ins. by Act 57 of 1985, s. 10 (w.e.f. 1.12.1985).
393.24.Penalties for obstructing a member, officer or other employee of theBoard in the discharge of his duties and for failure to produce booksand records.
24. Penalties for obstructing a member, officer or other employee of the Board in the discharge of his duties and for failure to produce books and records. Any person who--
(a) obstructs any member or any officer or other employee of the Board or any other person in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this Act; or
(b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act,
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
25.Other penalties.
25. Other penalties. Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act
[or of any rules or regulations made there under]1* other than the provisions, punishment for the contravention whereof has been provided for in section 20 or section 23 or section 24, shall be punishable with imprisonment for a term which may 1*[extend to two years, or with fine which may extend to five thousand rupees, or with both] and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.
26.Offences by companies.
26. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
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1. Subs. by Act 57 of 1985, s. 11 (w.e.f. 1.12.1985).
394.Explanation.-- For the purposes of this section--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
27.Jurisdiction of court.
27. Jurisdiction of court. No court inferior to that of a
Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.
28.Previous sanction of Central Government.
28. Previous sanction of Central Government. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Central Government.
29.Protection of action taken in good faith.
29. Protection of action taken in good faith. No suit, prosecution or other legal proceedings shall lie against the Central
Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or other employee of the Central Government or of the Board or any agent of or any other person authorised by the Board, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
30.
Suspension of operation of Act.
30. Suspension of operation of Act. (1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest, the Central Government may, by notification in the Official Gazette, suspend or relax to a specified extent, for such period as may be specified in the notification, the operation of all or any of the provisions of this Act, in all or any of the territories to which this Act extends.
(2) Where the operation of any provision of this Act has, under sub-section (1), been suspended or relaxed, such suspension or relaxation may, at any time while this Act remains in force, be removed by the Central Government by notification in the Official
Gazette.
(3) Every notification issued under this section shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the previous operation of the notification.
395.31.Application of other laws not barred.
31. Application of other laws not barred. The provisions of this
Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
32.Power of Central Government to make rules.
32. Power of Central Government to make rules. (1) The Central
Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the powers and functions of the Vice-Chairman of the
Board;
(b) the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members;
(c) the powers which may be exercised and the duties which shall be performed by the Executive Director and the
Secretary;
(d) the circumstances in which and the authority by which a member may be removed;
(e) the holding of a minimum number of meetings of the Board every year;
(f) the procedure to be followed at the meetings of the
Board for the conduct of business and the number of members which shall form a quorum at a meeting;
(g) the maintenance by the Board of records of business transacted by the Board and the submission of copies thereof to the Central Government;
1*["(ga) the specifications with regard to grading work referred to in section 11B;"]
(h) the matters referred to in section 14;
2*[(hh) the manner of collection of fees under sub-section
(2) of section 14A;]
(i) the powers of the Board, its Chairman, the Executive
Director and committees of the Board with respect to the incurring of expenditure;
(j) the conditions subject to which the Board may incur expenditure outside India;
1*[(ja) the amounts for the purposes of the proviso to section 18A;]
(k) the preparation of budget estimates of receipts and expenditure of the Board and the authority by which the estimates are to be sanctioned;
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1. Ins. by Act 57 of 1985, s. 12 (w.e.f. 1.12.1985).
2. Ins. by Act 36 of 1978, s. 6.396.(l) the form and manner in which the accounts should be maintained by the Board;
(m) the deposit of the funds of the Board in banks and the investment of such funds;
(n) the conditions to be observed by the Board in borrowing money;
(o) the conditions subject to which, and the manner in which, contracts may be entered into by or on behalf of the Board;
(p) the additional matters in respect of which the Board may undertake measures in the discharge of its functions;
(q) the remuneration and other allowances payable to the person or persons referred to in clause (b) of sub-
section (2) of section 9;
(r) the form and manner of, and the particulars to be contained in, any returns or reports to be made to the
Board under this Act;
(s) the collection of any information or statistics in respect of tobacco or tobacco products;
(t) any other matter which has to be, or may be, prescribed by, or provided for by rules under, this Act.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
33.Power to make regulations.
33. Power to make regulations. (1) The Board may make regulations not inconsistent with this Act and the rules made thereunder for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the procedure to be followed at meetings of the committees appointed by the Board and the number of members which shall form a quorum at a meeting;
397.(b) the delegation to the Chairman, members, Executive
Director, Secretary or other officers of the Board, of any of the powers and duties of the Board under this
Act;
(c) the travelling and other allowances payable to persons associated under sub-section (8) of section 4 or co-
opted under sub-section (2) of section 7;
(d) the pay and allowances and leave and other conditions of service of officers (other than those appointed by the
Central Government) and other employees of the Board;
(e) the maintenance of the accounts of the Board;
(f) the maintenance of the registers and other records of the Board and its various committees;
(g) the appointment by the Board of agents to discharge, on its behalf, any of its functions;
(h) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the
Board.
1*[(i) the time within which full price for virginia tobacco shall be paid under clause (b), and the unfair practices for the purposes of clause (c), of section 13B.]
(3) No regulation made by the Board shall have effect until it has been approved by the Central Government and published in the
Official Gazette, and the Central Government, in approving a regulation, may make any change therein which appears to it to be necessary.
(4) The Central Government may, by notification in the Official
Gazette, cancel any regulation which it has approved and, thereupon, the regulation shall cease to have effect.
1*[(5) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
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1. Ins. by Act 57 of 1985, s. 13 (w.e.f. 1.12.1985).
Last updated on February, 2008
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