Indian Bare Acts

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



No finding of any officer or authority under any other law shall be conclusive for the purpose of any proceedings under this Act.



Any notice or order issued or made under this Act shall be served-

(a) By tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;

(b) If the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.



No suit, prosecution or other proceeding shall lie against the Central Government or any officers 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 there under.



The provisions of this Act shall have effect notwithstanding any thing 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-

(i) Such property has been so held by such trust or institution from a date prior to the commencement of this Act;or

(ii) Such property is wholly traceable to any property held by such trust or institution prior to the commencement of this Act.



(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 prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3)of section 12;

1*[(aa) The fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section 12];

(b) The powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause of section 15;

(c) Any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1 Ins. by Act of 1980 (w.e.f.1-7-1981).

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The Smuggler and Foreign Exchange Manipulators (Forfeiture of Property) Ordinance, 1975 (20 of 1975), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.
Last updated on September, 2016

Find a Lawyer