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Bare acts > Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 > Section 2
 
  


 

2. APPLICATION. - (1) The provision 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 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order of detention being an order to which the provisions of Sec. 9 or Sec. 12-A of the said Act do not apply, has not been revoked on the report of the Advisory Board under Sec. 8 of the said Act or before the receipt of the report of the Advisory Board or before making a reference to the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(ii) Such order of detention, being an order to which the provisions of Sec. 9 of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of
Sec. 9, or on the report of the Advisory Board under Sec. 8, read with subsection (2) of Sec. 9 of the said Act; or

(iii) Such order of detention, being an order to which the provisions of Sec. 12-A of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory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 Sec. 8, read with sub-section (6) of Sec. 12-A, 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 Cl. (a) or Cl. (b);

(d) Every associate of person referred to in Cl. (a) or Cl. (b);

(e) Any holder (hereinafter 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 Cl. (a) or Cl. (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 Cl. (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 Cl. (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 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 Cl. (ii), Cl. (iii), Cl. (iv) or Cl. (v);

(vii) Any lineal descendant of a person referred to in Cl. (ii) or Cl. (iii).

EXPLANATION 3. - For the purposes of Cl (d), “associate”, in relation to a person. means-

(i) Any individual who had been or is residing in the residential premises (including out-houses) 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 firms, or private company within the meaning of the Companies Act, 1956 (I 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 Cl. (iii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm of a private company;

(v) Any person who had been or is managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in Cl. (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 prohibited that the question whether any person is a person to whom the provision 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.

 

 

 

 

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