Search Results on rules for query: "The Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018."
Related Section(s)(1) The Director or any other officer authorised by the Director, not
below the rank of Deputy Director, may, with the permission of the Special Court, attach any property
mentioned in the application under section 4 by an order in writing in such manner as may be
prescribed.
(2) Notwithstanding anything contained in sub-section (1) or section 4, the Director or any other officer, not below the rank of Deputy Director, authorised by the Director, may, by an order in writing, at any time prior to the filing of the application under section 4, attach any property–– (a) for which there is a reason to believe that the property is proceeds of crime, or is a property or benami property owned by an individual who is a fugitive economic offender; and (b) which is being or is likely to be dealt within a manner which may result in the property being unavailable for confiscation: Provided that the Director or any other officer who provisionally attaches any property under this sub-section shall, within a period of thirty days from the date of such attachment, file an application under section 4 before the Special Court. (3) The attachment of any property under this section shall continue for a period of one hundred and eighty days from the date of order of attachment or such other period as may be extended by the Special Court before the expiry of such period. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. Explanation.—For the purposes of this sub-section, the expression "person interested", in relation to any immovable property includes all persons claiming or entitled to claim any interest in the property. (1) The Central Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner of filing application under sub-section (1) of section 4; (b) the manner of attachment of property under sub-section (1) of section 5; (c) other matters under clause (f) of section 6; (d) the procedure for conducting search and seizure under section 8; (e) the manner in which the notice shall be served under sub-section (5) of section 10; (f) any other electronic account under clause (c) of sub-section (6) of section 10; (g) the manner and conditions subject to which the Administrator shall receive and manage the property confiscated under sub-section (2) of section 15; and (h) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules. |