August 17,2019:
The Author, Vaishali Malhotra is 5th Year, BA.LLB (H) student of Kurukshetra University, Haryana, She is currently interning with LatestLaws.com.
Introduction
The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 came into force on 25th January ,1976. This act is promulgated by the Parliament of India to provide provisions .regarding the forfeiture of illegally acquired property of strugglers . This act is formulated for the prevention of smuggling activities along with the foreign exchange manipulation which have a adverse effect on our national economy of our country.
Q1-When did The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 came into force?
Ans-The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 came into force on 25th January ,1976.
Q2-How many sections are there in The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 ?
Ans-In total ,there are 27 sections present in The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 .
Q3-Whether The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 is applicable in India or not?
Ans-Presently, The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 is applicable to whole India except Jammu Kashmir.
Q4-What was the need to make a law regulating The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 in India?
Ans-As we know, India's national economy has been very badly affected by the presence of smuggling activities as well as foreign exchange manipulations. Many people are engaged in evil malpractices such as violation of the provisions of income tax, wealth tax followed by many other laws which have a very bad effect on our national economy. On the other hand there are such persons also there holding properties acquired by illegal means in the name of their associates, relatives etc. To prevent these all evil practices discussed above The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 is enacted by the Parliament of India.
Q5-What are the main objectives of The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 ?
Ans-Main objectives for the formulation of this act are as follows:
- To prevent smuggling activities as well as foreign exchange manipulations.
- To provide the provisions related to smuggling activities and malpractices prevailing in the economy.
- To make crime non profitable.
- To impose fine to the wrongdoers.
- To provide the establishment of competent authority and appellate Tribunal under the statute.
Q6-What is the application of The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976?
Ans-The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 applicable on every person who is
● Convicted under the Sea Customs Act ,1878 of an offence with the relation to goods of a value exceeding 1 lakh rupees.
●Convicted under the Customs Act ,1962 of an offence with the relation to goods of a value exceeding 1 lakh rupees.
● Convicted under Foreign Exchange Regulation Act, 1947or Foreign Exchange Regulation Act ,1973 of an offence with the relation to goods of a value exceeding 1 lakh rupees.
●Convicted under Sea Customs Act, 1878 or the Customs Act, 1962
● To whom and order of detention has been made under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
Q7-Which are the certain properties to which the provisions of The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 does not apply?
Ans-According to Section 25,the certain properties to which the provisions of The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 does not apply to the properties which is held by trust or an institution created or established Holy for the public religious and charitable purposes.
Q 8-What is the Competent Authority under this act?
Ans-Under this act the competent authority is the Central Government which is published in the official gazette.
Q 9-What is the fine applicable in lieu of forfeiture?
Ans-Under Section 9 of the act the fine which is impose for the forfeiture of the property is to be the value of any part of income, earnings or assets from which property is being acquired. Before the imposition of any fine , an equal opportunity is to be given to the accused for the exercise of Right to be Heard.
Q10-What is the composition of Appellate Tribunal?
Ans-Under Section 12 of under Section 12 of the Act Appellate Tribunal consists of a Chairman and another members from the Central government which should not be below the rank of joint secretary to the Government.
Q11- What is the qualification to be a Chairman of Appellate Tribunal ?
Ans-Under Section 12 of the Act qualification of a chairman is:
He must be qualified to be a Judge of Supreme Court or High Court.
Q12-What is the Bar of jurisdiction ?
Ans-Under Section 14 of this act ,any order or declaration passed under this Act is not appealable in nature until and unless provided there in. Moreover, no Civil Court has a jurisdiction to which the competent authority and appellate Tribunal is empowered with.
Q 13-What are the powers exercised by Competent Authority and Appellate Tribunal?
Ans-According to Section 15 of this Act there are many powers which Competent Authority and Appellate Tribunal possess are listed below:
- Power to issue summons.
- Power to issue commissions for the examination of witnesses or documents.
- Power to enforce the attendance of any person.
- Power of examination of witnesses and persons.
- Power to order the production of documents.
- Power to receive evidences.
- Power to receive affidavits.
- Power to access and requestion any public record.
Q14-Which officers are eligible to assist Competent Authority and Appellate Tribunal?
Ans-Under Section 17 of the Act, certain officers are eligible to assist competent authority as well appellate Tribunal which are listed below:
- Police officers.
- Customs officers.
- Income Tax officers.
- Central Excise officers
- Other officers of Central as well as State Government as are specified by the Central government by the notification in the official gazette.
Q 15-What is the manner of service of notices and orders under The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 ?
Ans-According to Section 22 of the act, mili there 2 ways of servicing of Orders and notices which are listed below:
- By tendering or sending the notice or order by registered post to a person accused of.
- By sending the notice for ordered by registered post to his agent.
- Under certain circumstances in which the person or his agent is unavailable then it will be affixed on that place or property to whom it is intended to have last resided or carried out by that person.
Q16-What can be concluded by The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 ?
Ans-According to my view,The Smugglers And Foreign Exchange Manipulators ( Forfeiture Of Property) Act, 1976 plays a very prominent role in preventing the smuggling activities as well as malpractices related to the acquiring of property by illegal means. To Foster national economy, this act is must to tackle the illegal activities regulated by this act
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