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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2lstApril,20tg/Vaisakha t, 1940 (Saka)
THE FUGITIVE ECONOMIC OFFENDERS ORDINANCE, 2OI8 No. I or 2018
Promulgated by the president in the Sixty-ninth year of the Republic of
India.
An ordinance to provide for measures to deter fugitive economic offenders from evadingthe process oflaw inlndia by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.
WHERIAS the Fugitive Economic offenders Bill, 20lg was introduced on the
l2th day of March, 2018 in the House of the people;
ANo wnsRpes the said Bill could not be taken up for consideration and passing
in the House of the people;
ANo wupnnas Parliament is not in session and the president is satisfied that circumstances exist which render it necessary for him to take immediate
action;
Now TsenrpoRp, in exercise of the powers conferred by clause (r) of article 123 of the constitution, the president is pleased to prtmulgate iie following
Ordinance:-
pnrlnarNairy
and commencement.
- (1) This Ordinance may be called the Fugitive Economic Offenders short title, extent Ordinance, 201 8. ↩
334
s*€rr6{frTd, ftiifi l8r$ zors
(2) It extends to the whole of India"
(3) It shall come into force at once.
Definitions. 2. (l) ln this ordinance, unless the context otherwise requires,-
(a) "'Administrator" means anAdministrator appointed under sub-section (/) of
section l5;
(D) "'benami property" and "'benami transaction" shall have the same meanings as assigned to them under clauses (8) and (9) respectively ofsection 2 ofthe Prohibition of Benami Property TransactionsAct, 1988;
45 of 1988.
(c) "contracting State" means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government ofsuch country through a treaty or otherwise;
(d) "'Deputy Director" means the Deputy Director appointed under
sub-section(/)ofsection4gofthePreventionofMoney-launderingAct,2002; l5 of2003.
(e) "'Director" means the Director appointed under sub-section (1) of section 49
ofthe Prevention of Money-launderingAct,2002; 15 of 2003 f) "fugitive economic offender" means any individual against whom a warrant for arrest in relation to a Scheduled Offence has been issued by any Court in India, who-
(i) has left India so as to avoid criminal prosecution; or
(ii) being abroad, refuses to return to India to face criminal prosecution;
(g) "key managerial personnel" shall have the same meaning as assigned to it in
clause(51)ofsection2oftheCompaniesAct,2013; l8 of2013.
(ft) "notification" means a notification published in the Official Gazette and the
expression "notifu" shall be construed accordingly;
(f) "'person" includes-
(i) an individual;
(ii) a Hindu Undivided Family;
(iii) a company;
(iv) a trust;
(v) a partnership;
(vi) a limited liability partnership;
(vii) an association of persons or a body of individuals, whether
incorporated or not;
(vfii) every artificialjuridical person not falling within any ofthe preceding
sub-clauses; and
(lx) any agency, office or branch owned or controlled by any ofthe above
persons mentioned in the preceding sub-clauses;
f') "prescribed" means prescribed by rules made under this Act;
(ft) "proceeds ofcrime" means any property derived or obtained, directly or indirectly by any person irs a result of criminal activity relating to a Scheduled Offence, or the value ofany such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad;
(I) "Schedule" means the Schedule appended to this Act;
(z) "Scheduled Offence" means an offence specified inthe Schedule, ifthetotal
value involved in such offence or offences is one hundred crore rupees or more;
BfrflE{rqrd, ffi-s t8 {$ 2ol8
334 (1) (z) "Special Court" means a Couft of Session designated as a Special Court under sub:.section (1) of section 43 of the Prevention of Money-laundering Act,2002.
I 5 of 2003
15 ol 2003
(2) The words and expressions used and not defined in this Ordinance but defined in the Prevention of Money-laundering Act, 2002 shall have the meanings respectively assigned to them in that Act.
3. The provisions of this Ordinance shall apply to any individual who is, or becomes, Application of Ordinance.
a fugitive economic offender on or after the date of coming into force ofthis Ordinance.
CHAPTERII
Dsct-aR-qrroN oF FUGrrrvE ECoNoMIC oFFENDERS AND coNFrscATIoN oF pRopERTy
4. (1) Where the Director or any other officer not below the rank of Depuff Director authorised by the Director for the purposes of this section, has reason to believe (the reasons for such beliefto be recorded in writing), on the basis ofmaterial in his possession, that any individual is a fugitive economic offender, he may file an application in such form and manner as may be prescribed in the Special Court that such individual may be declared as a fugitive economic offender.
Application for declaration ol fugitive economic offender and procedure th erefor (2) The application referred to in sub-section (1) shall contain-
(a) reasons for the belief that an individual is a fugitive economic offender;
(b) any information available as to the whereabouts of the fugitive economic
offender;
(c) a list ofproperties or the value ofsuch properties believed to be the proceeds ofcrime, including any such property outside India for which confiscation is sought;
@ a list of properties or benami property owned by the individual in India or
abroad for which confiscation is sought; and
who mav have an interest in anv of the properties listed
,ro"r:"fr:Tl:, JrT'6:
(3) The Authorities appointed for the purposes of the Prevention of MoneyJaundering
l5 ot2003. Act,2002 shallbetheAuthoritiesforthepurposesofthisOrdinance.
5. (1) The Director or any other officer authorised by the Director, not below the rank Attachment of of Deputy Director, may, with the permission of the Special Court, attach any property propertv. 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 properfy-
(a) for which there is a reason to believe that the property is proceeds of crime,
or is a property owned by an individual who is a fugitive economic offender; and
(D) which is being or is likely to be dealt with in 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 ofthirty days from the date of such attachment, file an application under section 4 before the SpecialCourt.
(3) The attachment ofany property under this section shall continue for a period of one hundred and eighty days from the date oforder ofattachment or such other period as may be extended by the Special Court before the expiry ofsuch 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.
334 (21
6*€rT 6
Explanation.- For the purposes of this sub-section, the expression "person interested", in relation to any immovable properly includes all persons claiming or entitled to claim any interest in the properfy.
powers of 6. The Director or any other officer shall, for the purposes ofsection 4, have the same Director and powers as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a s of 1908 other officers suit in respect of the following matters, namely:-
(a) discovery and inspection;
(b) enforcing the attendance ofany person, including any officer ofa reporting
entity and examining him on oath;
(c) compelling the production of records;
({ receiving evidence on affidavits;
(e) issuing commissions for examination of witnesses and documents; and
(/) any other matter which may be prescribed.
Power of 7. (1) Notwithstanding anything contained in any other provisions of this Ordinance, survev where a Director or any other officer authorised by the Director, on the basis of material in his
possession, has reason to believe (the reasons for such beliefto be recorded in writing), that an individual may be a fugitive economic offender, he may enter any place-
(l) within the limits ofthe area assigned to him; or
(ll) in respect ofwhich he is authorised for the purposes ofthis section, by such
other authority, who is assigned the area within which such place is situated.
(2) Where the Director or any other officer authorised by him, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing) that an individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in sub-section (1), he may request any proprietor, employee or any
other person who may be present at that time, to-
(a) afford him the necessary facility to inspect such records as he may require
and which may be available at such place;
(6) afford him the necessary facility to check or veri$r the proceeds ofcrime or
any transaction related to proceeds of crime which may be found therein; and
(c) furnish such information as he may require as to any matter which may be
useful for, or relevant to any proceedings under this Ordinance.
(3) The Director, or any other officer acting under this section may-
(i) place marks of identification on the records inspected by him and make or
cause to be made extracts or copies therefrom;
(li) make an inventory of any property checked or verified by him; and
(iil) record the statement of any person present at the property which may be
useful for, or relevant to, any proceeding under this Ordinance.
Search and 8. (1) Notwithstanding anything contained in any other law for the time being in force, seizure. where the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section, on the basis of information in his possession, has reason to believe (the reason for such belief to be recorded in writing) that any person-
(l) may be declared as a fugitive economic offender;
(ll) is in possession of any proceeds of crime;
(lll) is in possession of any records which may relate to proceeds of crime; or
334 (3)
, fuis 18H{ 2ot8
(rr) is in possession ofany property related to proceeds ofcrime,
then, subject to any rules made in this behalf, he may authorise any officer subordinate to himto-
(a) enter and search any building, place, vessel, vehicle or aircraft where he has
reason to suspect that such records or proceeds ofcrime are kept;
(6) break open the lock ofany door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not
available;
(c) seize any record or property found as a result ofsuch search;
(@ place marks ofidentification on such record or property, ifrequired or make or
cause to be made extracts or copies therefrom;
(e) make a note or an inventory of such record or property; and
(l) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Ordinance.
(2) Where an authority, upon information obtained during survey under section 7, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence
is located and seize that evidence.
9. Notwithstanding anything contained in any other law for the time being in force- Search of
persons (a) ifanauthority, authorised inthisbehalfbythe Central Government by general
or special order, has reason to believe (the reason for such beliefto be recorded in writing) that any person has secreted about his person or anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this Ordinance, he may search that person and seize such record or property which may be useful for or relevant to any proceedings
under this Ordinance;
(6) where an authority is about to search any person, he shall, ifsuch person so requires, take such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a Magistrate:
Provided that the period oftwenty-four hours shall exclude the time necessary for the joumey undertaken to take such person to the nearest Gazetted Officer, superior in rank to him, or the Magistrate's Court;
(c) ifthe requisition under clause (D) is made, the authority shall not detain the person for more than twenty-four hours prior to taking him before the Gazetted Officer, superior in rank to him, or the Magistrate referred to in that sub-section:
Provided that the period oftwenty-four hours shall exclude the time necessary for the joumey from the place of detention to the office ofthe Gazetted Officer, superior
in rank to him, or the Magistrate's Court;
(d) the Gazetted Officer or the Magistrate before whom any such person is brought shall, ifhe sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made;
(e) before making the search under clause (a) or clause (d), the authority shall call upon two or more persons to attend and witness the search and the search shall be made in the presence ofsuch persons;
(fl the authority shall prepare a list ofrecord or property seized in the course of
the search and obtain the signatures ofthe witnesses on the list;
334 (4) Bdsrr€ttqqr, ms 18 rr$ zore
(g)no female shall be searched by anyone except a female; and
(h) the authority shall record the statement of the person searched under clause (a) or clause (e) in respect ofthe records or proceeds ofcrime found or seized in the course ofthe search.
Notice.
10. (1) Where an application under section 4 has been duly filed, the Special Court
shall issue a notice to an individual who is alleged to be a fugitive economic offender.
(2) The notice referred to in sub-section (1), shall also be issued to any other person who has any interest in the property mentioned in the application under sub-section (2) of
section 4.
(3) A notice under sub-section (1) shall-
(a) require the individual to appear at a specified place and time not less than six
weeks from the date of issue of such notice; and
(6) state that failure to appear on the specified place and time shall result in a declaration of the individual as a fugitive economic offender and confiscation of property under this Ordinance.
(4) A notice under sub-section (1) shall be forwarded to such authority, as the Central
Govemment may notiSr, for effecting service in a contracting State.
(5) The authority referred to in sub-section (4) shall make efforls to serve the notice
within a period oftwo weeks in such manner as may be prescribed.
(6) A notice under sub-section (1) may also be served to the individual alleged to be a
fugitive economic offender by electronic means to-
43 of 1961..
(a) his electronic mail address submitted in connection with an application for allotment of Permanent Account Number under section 139.4 of the Income-tax 4ct,1961;
(6) his electronic mail address submitted in connection with an application for enrolment under section 3 of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies,BenefitsandServices)Act,2016; 18 of20l6.
(c) any other electronic account as may be prescribed, belonging to the individual which is accessed by him over the internet, subject to the satisfaction of the Special Court that such account has been recently accessed by the individual and constitutes a reasonable method for communication of the notice to the individual.
Procedure lor
11. (1) Where any individual to whom notice has been issued under sub-section (1) of section I 0 appears in person at the place and time specified in the notice, the Special Court
hearing application.
may terminate the proceedings under this Ordinance.
(2) Where any individual to whom notice has been issued under sub-section (1) of section I 0 fails to appear at the place and time specified in the notice, but enters appearance through counsel, the Special Court may in its discretion give a period of one week to file a
reply to the application under section 4.
(3) Where any individual to whom notice has been issued under sub-section (1) of section 10 fails to enter appearance either in person or through counsel, and the Special Court is satisfied-
(a)that service ofnotice has been effected on such party; or
(D) that notice could not be served in spite ofbest efforts because such individual
has evaded service ofnotice,
it may, after recording reasons in writing, proceed to hear the application.
odw.rq trlqd, frqis 18 rr$ zorr
334 (s) @)The Special Court may also give any person to whom notice has been issued under sub-section (2) of section 10 a period of one week to file a reply to the application under
section 4.
12. (1) After hearing the application under section 4, ifthe Special Court is satisfied that an individual is a fugitive economic offender, it may, by an order, declare the individual as a fugitive economic offender for reasons to be recorded in writing.
Declaration ol fugitive economic offender.
(2) On a declaration under sub-section (1), the Special Court may order that any ofthe
following properties stand confiscated to the Central Qsvslnrnenf-
(a) the proceeds of crime in India or abroad, whether or not such property is
owned by the fugitive economic offender; and
(6) any other property or benami property in India or abroad, owned by the
fugitive economic offender.
(3) The confiscation order ofthe Special Court shall, to the extent possible, identify the properties in India or abroad that constitute proceeds of crime which are to be confiscated and in case such properties cannot be identified, quantifz the value ofthe proceeds ofcrime.
@)The confiscation order ofthe Special Court shall separately list any other property
owned by the fugitive economic offender in India which is to be confiscated.
(5) Where the Special Court has made an order for confiscation of any property under sub-section (2), and such property is in a contracting State, the Special Court may issue a letter ofrequest to a Court or authority in the contracting State for execution ofsuch order.
(6) Every letter ofrequest to be transmitted to a contracting State under sub-section (5)
shall be transmitted in such form and manner as the Central Govemment may, by notification, specifr in this behalf.
(7) The Special Court may, while making the confiscation order, exempt from confiscation any property which is a proceed of crime in which any other person, other than the fugitive economic offender, has an interest if it is satisfied that such interest was acquired bonafide and without knowledge of the fact that the property was proceeds of crime.
(8) All the rights and title in the confiscated property shall, from the date of the
confiscation order, vest in the Central Govemment, free from all encumbrances.
(9) Where on the conclusion of the proceedings, the Special Court finds that the individual is not a fugitive economic offender, the Special Court shall order release of property or record attached or seized under this Ordinance to the person entitled to receive it.
(10) Where an order releasing the property has been made by the Special Court under sub-section (9), the Director or any other officer authorised by him in this behalf may withhold the release ofany such property or record for a period ofninety days from the date ofreceipt ofsuch order, ifhe is ofthe opinion that such property is relevant for the appeal proceedings under this Ordinance.
Supplementary Application.
13. (1) Where at any time after the institution of the application under section 4, any other property is discovered or identified which constitutes proceeds of crime or is property owned by the fugitive economic offender liable to be confiscated under this Ordinance, the Director or.any other officer not below th_e rank of Deputy Director authorised by the Director for the purposes of this section, may file a supplementary application in the Special Court seeking confiscation of such properties.
(2) The provisions of sections 4 to 12 shall, as far as may be, apply in relation to such
application as they apply in relation to an application under section 4.
14. Notwithstanding anything contained in any other law for the time being in force,- Power to disallow civil claims.
(a) on a declaration of an individual as a fugitive economic offender, any Court or tribunal in Indi4 in any civil proceeding before it, may, disallow such individual from putting forward or defending any civil claim; and
334 (6) Bfurd{qrd, ffi-*, t8 rr$ 2ot8
(b) any Courl or tribunal in India in any civil proceeding before it, may, disallow any company or limited liability paftnership from putting forward or defending any civil claim, if an individual filing the claim on behalf of the company or the limited liability partnership, or any promoter or key managerial personnel or majority shareholder of the company or an individual having a controlling interest in the limited liability paftnership has been declared as a fugitive economic offender.
Explanation.-For the purposes of this section, the expressions-
(a) "company" means anybody corporate and includes a firm, or other
association of persons; and
6 ol 2oo9 (D) "limited liabilify partnership" shall have the same meaning as assigned to it in clause (r) of sub-section (.1) of section 2 ofthe Limited Liabili[, Partnership Act,2008.
15. (1) The Central Govemment may, by order published in the Official Gazette, appoint
as many of its officers (not below the rank of a Joint Secretary to the Governrnent of India) as
it thinks fit, to perform the functions of anAdministrator.
Management of properties confiscated under this Ordinance.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (2) of section I 2 in
such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is vested in the Central Government under
section 12:
Provided that the Central Government or the Administrator shall not dispose of any properry for a period of ninety days from the date of the order under sub-section (2) of
section I 2.
CHAPTERIII
MrscrlreNpous
16. (/) The burden ofprooffor establishing-
Rules ol evidence.
(a) that an individual is a fugitive economic offender; or
(6) that a propeffy is the proceeds of crime or any other property in which the
individual alleged to be a fugitive economic offender has an interest,
shall be on the Director or the person authorised by the Director to file the application under
section 4.
(2) Notwithstanding anything contained in any other law for the time being in force, where any person referred to in sub-section (2) ofsection 10 claims that any interest in any property was acquired bonafide and without knowledge of the fact that, such property constitutes proceeds of crime, the burden of proving such fact shall lie upon him.
(3) The standard ofproofapplicable to the determination offacts by the Special Court
under this Ordinance shall be preponderance ofprobabilities.
Appeal
17. (1)An appeal shall lie from anyjudgment or order, not being an interlocutory order,
of a Special Court to the High Court both on facts and on law.
(2) Every appeal under this section shall be preferred within a period ofthirty days
from the date ofthe judgment or order appealed from:
Provided that the High Court may entertain an appeal after the expiry ofthe said period of thirfy days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days:
Provided further that no appeal shall be entertained after the expiry of the period of
ninety days.
334 Ol
Bd{rre{sTrrt, fuis r8q$ 2or8
Bar of jurisdiction.
18. No civil court shall havejurisdiction to entertain any suit or proceeding in respect of any matter which the Special Court is empowered by or under this Ordinance to deterrnine and no injunction shall be granted by any court or other authority in respect ofany action taken or to be taken in pursuance of any power conferred by or under this Ordinance.
Protection of action taken in good faith.
19. No suit, prosecution or other legal proceeding shall lie against the Central Govemment or Presiding Officer ofthe Special Court or Director or Deputy Director or any other officer authorised by the Director for anything which is in good faith done or intended to be done under this Ordinance or any rule made thereunder.
20. (1) The Central Government may, having regard to the objects of this Ordinance, and ifit considers necessary or expedient so to do, by notification add to, or as the case may be, omit from the First Schedule any offences specified therein.
Power of Central Government to amend Schedule.
(2) Every such notification shall, as soon as after it is issued, be laid before each
House ofParliament.
21. The provisions of this Ordinance shall have effect, notwithstanding anything Overriding effect.
inconsistent therewith contained in any other law for the time being in force.
22.The provisions ofthis Ordinance shall be in addition to and not in derogation of
any other law for the time being in force.
Application of other laws not barred.
23. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make rules.
for carrying out the provisions of this Ordinance.
(2) In particular, and without prejudice to generality ofthe foregoing power, such rules
may provide for all or any ofthe following matters, namely:-
(a) the form and manner offiling application under sub-section (1) ofsection 4;
(D) the manner ofattachment ofproperty under sub-section (1) ofsection 5;
(c) other matters under clause (fl 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;
(l) any other electronic account under clause (c) ofsub-section (6) ofsection 10;
(g) the manner and conditions subject to which the Administrator shall receive
and manage the property confiscated under sub-section (2) ofsection 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.
Laying of rules belore Parliament.
24.Every rule made under this Ordinance 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 ofthirty 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.
Power to
remove difficulties.
25. (1) Ifany difficulty arises in giving effect to the provisions ofthis Ordinance, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Ordinance as may appear to be necessary for removing the diffi culty :
(2)Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
334 (8) Bffi{Fra {rcTq:r, ftiis 18 {$ 2018
THE SCHEDULE
[See section 2(L; and (m)]
Section Description ofoffence
I. Offences under the Indian Penal Code (45 of 1860)
120B readwith Punishment of criminal conspiracy. any offence in this Schedule
255 Counterfeiting Government stamp. 257 Making or selling instrument for counterfeiting Government stamp. 258 Sale of counterfeit Govemment stamp. '259 Having possession of counterfeit Government stamp.
Xfr Using as genuine a Govemment stamp known to be counterfeit. 417 Punishment for cheating. 418 Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect.
420 Cheating and dishonestly inducing delivery ofproperty. 421 Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors.
42 Dishonestly or fraudulently preventing debt being available for creditors. A3 Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration.
424 Dishonest or fraudulent removal or concealment of property. 47 Forgery ofvaluable security, will, etc. 471 Using as genuine a forged [document or electronic record]. 472 Making or possessing counterfeit seal, etc., with intent to commit forgery
punishable under section 467.
473 Making or possessing counterfeit seal, etc., intent to commit forgery
punishable otherwise.
475 Counterfeiting device or mark used for authenticating documents described
in section 467, or possessing counterfeit marked material.
476 Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked
material.
,l81 Using a false property mark.
42 Punishment for using a false property mark. ,l83 Counterfeiting a property mark used by another.
484 Counterfeiting a mark used by a public servant. 485 Making or possession of any instrument for counterfeiting a property
mark.
486
Selling goods marked with a counterfeit property mark.
sra (e)
, frqis tsr$ 2ol8
Section Description ofoffence
487 Making a false mark upon any receptacle containing goods. 488 Punishment for making use of any such false mark. 4894, Counterfeiting currency notes or bank notes. 4898 Using as genuine, forged or counterfeit currency notes or bank notes.
II. Offence underthe Negotiable InstrumentsAct, 1881 (26 of 1881) 138 Dishonour of cheque for insufficiency, etc., of funds in the account.
IIII. Offence under the Reserve Bank of India Act,l934 (2 ot1934)
58B Penalties.
ry. Offences under the Central Excise Lct,1944 (l ot1944) Section 9 Offences and Penalties.
V. Offences under the Customs Act, 1962 (52 of 1962) 135 Evasion ofduty or prohibitions.
VI. Offences underthe Prohibition of Benami Propefty Transactions Act, 1988
(4s of 1988)
3 Prohibition of benami transactions.
VU. Offences underthe Prevention of Corruption Act, 1988 (49 of 1988) 7 Public servant taking gratification other than legal remuneration in
respect ofan official act.
8 Taking gratification in order, by corrupt or illegal means, to influence
public servant.
9 Taking gratification for exercise of personal influence with public
servant.
l0 Punishment for abetment by public servant of offences defined in
section 8 or section 9 ofthe Prevention of CorruptionAct, 1988.
13 Criminal misconduct by a public servant.
\TII. Offences under the Securities and Exchange Board of India Act, 1992
(ls of 1992)
l2Areadwith Prohibition of manipulative and deceptive devices, insider trading and section 24 substantial acquisition ofsecurities or control. 24 Offences for contravention of the provisions of the Act.
IX. Offences under the Prevention of Money Launderin gAct,2002 (15 of 2003) 3 Offence of money-laundering. 4 Punishment for money-laundering.
X. Offences under the Limited Liability Partnership Act,2008 (6 of 2009)
Sub-section(2) Carrying on business with intent or purpose to defraud creditors of the of section 30 Limited Liability Partnership or any other person or for any other fraudulent
purpose.
334 (10) ud€rq{qq*, frris r8lr{ 2ol8
Section Description ofoffence
XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 ot2010) 34 Penalty for article or currency or security obtained in contravention of
Section 10.
35 Punishment for contravention of any provision of the Act.
XII. Offences underthe Companies Act,2013 (18 of 2013) Sub-section (4) Offer or invitation for subscription ofsecurities on private placement. ofsection 42 of the Companies Act,20l3 read with section 24 ofthe Securities
and Exchange
Board of India
Act,1992 (15 of 1992)
74 Repayment of deposits, etc., accepted before commencement of the
CompaniesAct, 2013.
76A Punishment for contravention ofsection 73 or section 76 ofthe
CompaniesAct, 2013.
Second Carrying on business of a company for a fraudulent or unlawful purpose. proviso to sub- section (4) of section 206
Clause (b) of Conducting the business of a company with intent to defraud its creditors, section 213 members or any other persons or otherwise for a fiaudulent or unlawful purpose, or in a manner oppressive to any of its members or that the company was formed for any fraudulent or unlawful purpose.
47 Punishment for fraud. 452 Punishment for wrongful withholding of property.
X[I. Offences underthe Black Money (Undisclosed Foreign Income andAssets) and
Imposition of Tax Act, 2015 (22 ot 2015)
51 Punishment for wilful attempt to evade tax.
XIV. Offences under the lnsolvency and Bankruptcy Code,2016 (31 of2016) 69 Punishment for transactions defrauding creditors.
XY. Offences underthe Central Goods and Services TaxAct,20l7 (12 ot20l7) Sub-section (5) Punishment for certain offences.
ofsection 132
RAMNATHKOVIND, President.
DR. G.NARAYANARAru, Secretary to the Govt. of India.
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CORRIGENDA
No. 1 oP 2018
In the Fugitive Economic Offenders Ordinance,2018 (1 OF 2018) as published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 21, dated the 2lstApril,20l8,-
Page No. Line(s) No. For Read
'oOrdinance"
38
2
43
"Acf' "Acf'
"Ordinance" o'sub-clause"
oosub-section"
36
5
39
"is property or benami proPery" 'oeconomic offender in India
40
"economic offender"
7
or abroad" "tlre Schedule"
9
"manngr"
"the First Schedule"
"the manner"
29
9
334 (11)
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