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| Home > Indian Bare Acts > THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 > CHAPTER IV SEARCH, SEIZURE, PENALTY AND CONFISCATION |
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| THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 |
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Title : THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992
Year : 1992
Act :
CHAPTER IV
SEARCH, SEIZURE, PENALTY AND CONFISCATION
10.Power relating to search and seizure.
10.Power relating to search and seizure.(1)The Central Government may, by notification in the Official Gazette, authorise any person for the purposes of exercising such powers with respect to entering such premises and searching, inspecting and seizing of such goods, documents, things and conveyances, subject to such requirements and conditions, as may be prescribed.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974) relating to searches and seizures shall, so far as may be, apply to every search and seizure made under this section.
11.Contravention of provisions of this Act, rules, orders and export andimport policy.
11. Contravention of provisions of this Act, rules, orders and export and import policy. (1) No export or import shall be made by any person except in accordance with the provisions of this Act, the rules and orders made thereunder and the export and import policy for the time being in force.
(2) Where any person makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy, he shall be liable to a penalty not exceeding one thousand rupees or five times the value of the goods in respect of which any contravention is made or attempted to be made, whichever is more.
(3) Where any person, on a notice to him by the Adjudicating
Authority, admits any contravention, the Adjudicating Authority may, in such class or classes of cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person.
(4) A penalty imposed under this Act may, if it is not paid, be recovered as an arrear of land revenue and the Importer-exporter Code
Number of the person concerned, may, on failure to pay the penalty by him, be suspended by the Adjudicating Authority till the penalty is paid.
(5) Where any contravention of any provision of this Act or any rules or orders made thereunder or the export and import policy has been, is being, or is attempted to be, made, the goods together with any package, covering or receptacle and any conveyances shall, subject to such requirements and conditions as may be prescribed, be liable to confiscation by the Adjudicating Authority.
(6) The goods or the conveyance confiscated under sub-section
(5) may be released by the Adjudicating Authority, in such manner and
,subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods or conveyance, as the case may be.
12.Penalty or confiscation not to interfere with other punishments.
12. Penalty or confiscation not to interfere with other punishments. No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.
181.13.Adjudicating Authority.
13. Adjudicating Authority. Any penalty may be imposed or any confiscation may be adjudged under this Act by the Director General or, subject to such limits as may be specified, by such other officer as the Central Government may, by notification in the Official
Gazette, authorise in this behalf.
14.Giving of opportunity to the owner of the goods, etc.
14. Giving of opportunity to the owner of the goods, etc. No order imposing a penalty or of adjudication of confiscation shall be made unless the owner of the goods or conveyance, or other person concerned, has been given a notice in writing-
(a) informing him of the grounds on which it is proposed to impose a penalty or to confiscate such goods or conveyance;
and
(b) to make a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty or confiscation mentioned therein, and, if he so desires, of being heard in the matter.
CHAP
APPEAL AIM REVISION
Last updated on February, 2008
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