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THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY ACT, 1976)

Title : THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY ACT, 1976)

Year : 1976



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.

Explanation
.-For the purposes of this sub-section, the value of any part of income, earnings or assets, with which any property has been acquired, shall be,-

(a) In the case of any part of income or earnings, the amount of such part of income or earnings;

(b) In the case of any part of assets, the proportionate part of the full value of the consideration for the acquistion of such assets.

(2) Before making an order imposing a fine under sub-section
(1), the per-son affected shall be given a reasonable opportunity of being heard,

(3) Where the person affected pays the fine due under sub-
section (1), within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 7 and thereupon such property shall stand released.
Last updated on August, 2016

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