Subject NOT available

click here for IIIF manifest

REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No 84] NEW DELHI, FRIDAY, FEBRUARY 18,1977 MAGHA 29, 1898

Separate paging is given to this Part in order that it may he filed

as a separate compilation

DEPARTMENT OF REVENUE AND BANKING

APPELLATE TRIBUNAL FOR FOREFITED PROPERTY OF SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS

NOTIFICATION

New Delhi, the 18th February 1977

S.O. 179(E).—In exercise of the powers conferred by sub-section (7) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) - Act, 1076 (13 of 1976), the Appellate Tribunal for Forfeited Property hereby makes the following rules, namely —

1 Short title and commencement .— (1) These rules may he called the Smug- glers and Foreign Exchange Manipulators (Appellate Tribunal for Forfeited Pro- perty) Rules, 1977,

(2) They shall come into force on the date of their publication in the official Gazette

2 Definitions,—In these rules, unless the context otherwise requires—

(1) "Act" means the Smugglers and Foreign Exchange Manipulators (Forfei- ture of Property) Act 1970 (13 of 1970,

(ii) "appeal" means a memorandum of appeal to the Tribunal filed under sub-section (4) of section 12,

( 5 6 ?)

(In) appellant' mean, a person who, being aggrieved by an order made by the competent authority pielers an appeal to the Tribunal and in- cludes the authorised xepresentative of the appellant

(n ) authorised representative ' means —

fa) in ielation to an appellant any person being a relative of or i person who is or was, regularly employed by the appellant and authonsed by the appellant m wntinfi to attend beiore the Tribunal, o;

(c) ari accountant being an Associate or Fellow Member of the Institute of Chartered Accountants of India or the Institute of Cost and Works Accountants of India who is authorised by the appellant, or

(d) in relation to a competent authority who is a party to any proceed- ing before the Tribunal a standing counsel to the Government or a person duly appointed by the Government by notification in the Official Gazette as the authorised representative or any other person acting on behalf of the person so appointed

(\) Bench" means a Bench ol the Tribunal constituted under sub section* (6) oi section U

(vi) ' Chairman" means the Chairman of the Tribunal

(vi ) ' legal representative" means n person who In law represents the estate of deceased person, and includes any person or persons treated by the Tribunal as representing the deceased person In the proceedings pend- ing befoie the Tribunal unless a competent court holds otherwise and Its order is brought to the notice of the Tribunal

(vn ) member" means a member of the Tribunal,

(i\) "party" in relation to an appeal, means an appellant, or the respondent and the expression ' parties" shall be construed to mean the appellant and the respondent as the context mj> require,

(\) 'Registrar" means such Administrative Officer of the Tribunal as the Tribunal may appoint for discharging the functions of its Registrar

(xi) "section" means a section of the Act,

(xsi) "Tribunal" means the Appellate Tribunal for Forfeited Property con- stituted by the Central Government under sub section (1) of section) 12

3 Lancuaee of the Tribunal —(l) All pleadings before the Tribunal may, at the option of the appellant, be in English nr in Hindi

(2) 4.11 orders and other proceedings of the Tribunal may at the option of the Tribunal be in English or in Hindi

4 Headquarter o, the Tribunal, etc.- (1) The headquarters of the Tribunal shall be at New Delhi

(2) All appeals and petitionH shall ordinarily be heard at the headquarters but may, pt the discretion of the Chairman be heard at Bombay, Madras, Calcutta or any other place in the puhllc interest

(3) The office of the Tribunal shall observe such public and other holidays as are observed by the offices of the Central Government

5 Procedure for filing appeals and petitions.—(1 > Any person aggrieved by an- order of the competent authority may prefer on appeal to the Tribunal

5"5

(2) A memorandum of appeal shall be in Form A annexed hereto and shall be In English or in Hindi and shall set forth, concisely and under distinct heads, the grounds of appeal without any argument or narrative, and such grounds shall be numbered consecutively

(3) (a) Every memorandum of appeal shall be presented by the appellant in person or hy his authorised representative to the Registrar at "the office of "the Tri- bunal or to an officer authorised in this behall by the Chairman (hereinafter referred to as the authorised officer) or shall be tent by registered post, acknow- ledgement due, addressed to the Registrar or to such authorised officer;

Provided that where there are more appellants than one, it shall be sufficient if the application is presented by one of the appellants or by the authorised repre- sentative of all the appellants

(b) Where the memorandum of appeal is sent by registered post the date of receipt of the memorandum of appeal at the office of the Tribunal alone shall be considered as the date of filing of the appeal

(c) The Registrar or the authorised officer shall endorse on every memoran- dum of appeal the date on which It is presented or received at the office of the Tribunal and shall sign the endorsement

(4) Every memorandum of appeal shall be in quadruplicate and shall be accom- panied by four copies of the order appealed against (one of the copies shall be a certified copy)

(5) In every appeal, the competent authority shall be impleaded as one of the respondents

(6) Any petition presented under these rules shall be in quadruplicate and shall be accompanied by an affidavit as also such documents as are relied upon in the memorandum of appeal

6. Procedure for registration or rejection of appeal.—(1) Every memorandum of appeal, filed within forty-five days of service of the order of the competent authority, being in Form A annexed hereto and otherwise in order, shall be regis- tered and numbered by the Registrar who shall intimate the appellant or hla autho- rised representative accordingly

(2) (a) The Registrar may return a memorandum of appeal filed within a period of forty-five days, if it is not in the prescribed form or not otherwise in order, for its being amended withm such period, before the expiry of the said period of forty-five days as he may specify, or within such further period_ a,s jnay be extended by him (not^belng a period beyond the said period of forty-five days).

(b) Where the memorandum of appeal is filed after amendment, within the period of forty-five days, the Registrar shall be competent to register the appeal under sub-rule (1)

(3) (a) Where the memorandum of appeal, returned under sub-rule (2), Is re- flled after the expiry of the period of forty-five days referred to in sub-rule (1), it shall be accompanied by a petition for condonation of delay and also an affida- vit explaining the reasons for the delay. Thereafter it shall be posted for hearing before the Tribunal for determination of the question as to whether the appeal should be entertained and the order of the Tribunal Jn this regard shall be final.

(b) Where the appeal Is allowed to be entertained, the Registrar shall follow the procedure specified In sub-rule (1) in respect of its registration

(4) (a) Where a memorandum of appeal is filed beyond the period of forty-five days but within a period of sixty days from the date of service of the order of the competent authority, it shall not be accepted unless it is accompanied by a petition for condonation of'delay and also an affidavit explaining the reasons for the delay.

(b) The petition for condonation of delay shall be posted for hearing before the Tribunal in the same manner in which an appeal is posted for hearing, and the order of the Tribunal in this regard shall be final

(c) Where the petition lor condonation of delay is allowed, the Registrar shall follow the procedure specified in sub-rule (1), or sub-rule (2), as the case may be, in respect of the registration of the memorandum of appeal,

(5) Where—

(a) a memorandum of appeal is filed beyond the period of forty-five days but within a period of sixty days and Is not accompanied by a petition for condonation of delay and also an affidavit explaining the reasons for the delay, or

(.b) a memorandum of appeal is filed after the expiry of sixty da^s from the date of service of the order of the competent authority,

the Registrar shall in either case place the case before the Chairman for orders and the Chairman shall,—

(i) in a case falling under clause (a), direct the matter to be posted ioi hear- ing before the Tribunal after giving notice to the parties, and

(n) in a case falling under clause (b), direct the appeal to be posted before the Tribunal for being rejected as time-barred

(6) Where a memorandum of appeal referred to in clause (a) of sub-rijle (5) is allowed to be entertained, the Registrar shall follow the procedure specified in sub-rule (1) or sub-rule (2) In respect of its registration

7 Procedure after registration of appeal,—(1) After an appeal is registered, one copy of the memorandum of appeal and annexures shall be served by register- ed post, acknowledgement due, on the competent authority as soon as possible

(2) The Tribunal shall notify, by registered post, acknowledgement due, to the parties the date and place of hearing of the appeal

Provided that where the parties are present before the Tribunal, it may Inform them the date and place of hearing of the appeal,

(3) Any petition for summoning witnesses or documents, or the like, filed by a party may be heard, if necessary, after giving notice to the other party.

(4) Every requisition, direction, letter, authorisation, or written notice to be issued by the Tribunal shall be signed by the Registrar or any other officer authoris- ed by the Chairman in this behalf and shall be sent by registered post, acknow- ledgement due.

8 Powers of the Tribunal.'—The Tribunal shall Have all the powers of a civil court as specified in Section 15.

9 Joint hearing and disposal of appeals.—-In a case where two or more appeals are filed against an order or orders of the competent authority, such of the appeals as may be heard and disposed of together may be disposed of bv a single order

10 Grounds which may be taken In appeal—'The appellant shall not, except with the leave of the Tribunal, urge or b? heard m support of any ground' noi set forth m the memorandum of appeal, but the? Tribunal, in deciding the appeal, shall not be confined to the grounds; set forth in 1hc memorandum of appeal or taken with the¹ leave of the Tribunal under this rule •

Provided that the Tribunal bhall not rest its decision on any ground nther than the grounds t,et forth in the memorandum of rppeal unless the party which may be affected thereby has had a reasonable opportunity of being heard on that ground

11, Adjournment.—The Tribunal may adiourn the hearing of any case to any other date and inform the parties of the next date and place of bearing of the case

12 Dismissal of appeal for appellant's default, etc.—Where on the day fixed for hearing or on any other dav to which the hearing may be adjourned, the appellant does not appear when the apneal is called on for hearing, the Tribunal may either proceed ex-parte or dismiss the appeal for default:

567

Provided that where the appeal has been dismissed for default or proceeded with er parte and the appellant appearg therepfter and satisfies the Tribunal that there was sufficient cause for his non-appearance when tke appeal was called on for hoaring, the Tribunal shall make an order setting aside the dismissal order or the ex parie proceedings and restoring the appeal to its original number

l.l Appeal not to abate on the death of the appellant, etc.—An appeal shall not abate on ihe death oi an appellant or on the edjudicatlon of the appellant as an insolvent or, in the case of a company, on its being wound up and the executor, administrator or other legal representative of the appellant may apply to be brought on record as appellants

14 Power of remand.—(1) Where the competent authority has disposed of any maffer upon a preliminary poml and the decision of the competent authority is reversed in appeal the Tribunal may if it thmkb fit by order remand the case, and may further direct what Issue or issues shall be determined m the matter so remanded, and shall send a copy of Its order to the competent authority, with directions 1o re admit th" matter under Its original number in the register of the compelent authority and proceed to determine the matter, and the evidence, if any, recoHpd nurins the original hearing of the matter shall, subject to all lust excep- tions be evidence during the henrinfT of the matter after remand

17 Reservation of order.—(1) The Tribunal may, alter final hearing reserve Its order. Where any order is so reserved, the Tribunal may suo motu or at the Ins- tance of the parties for good and sufficient reasons, furnished In writing, re-post the appeal for hearing before the final order is passed

(2) After final hearing, the Tribunal shall deliver its final order

18 Order to be communicated to parties,.—Every order of the Tribunal shall be in writing and every iinal order of the Tribunal shall be communicated by the Registrar to the parties as early as possible.

19 Signing of orders.—(1) (a) Where the decision of the Tribunal is unanimous, a common order shall be signed by all the members of the Tribunal,

fb) Where there Is a difference of opinion, the decision shall be in accordance with thei decision of the majority of the members of the Tribunal.

fc) The dissenting member may write his own order on the point or points on which he dissents

Td) The decision of 1he maionty shall be reduced to writing and signed by all the members, including the dissenting member

(2) Where the appeal or petition is heard by a Bench and one of the members is unavoidably absent, its record shall be placed before the other members and such members mny, after examining the record and mutual discussion, pass final orders on the appeal or petition

Provided that where there is a difference of opinion among the members, the record shall be placed before the third member for hearing and the decision of the majority shall be reduced to writing arid signed by all the members, including the dissenting member

20 Rectification of mistakes—d) A petition for the rectification of an order of the Tribunal shall He if there ig a mistake! apparent from the record

X2) No petition for rectification of the order of the Tribunal shall be entertained after the expiry of a period of one year from the date of the order,

21 Petition for preservation of foreited property.—Any petition filed by an appellant regarding the preservation of forfeited property during the pendency of the appeal may be deposed of with such' directions aa the Tribunal may thirik fit.

22. Scale of copying¹ fees—(1) Copying fees shall be charged as follows'—

(a) for the first 200 words or less for every additional 100 words or fraction thereof

. 1 Rupee , 50 paise (b)

(2.) A fee of two rupees shall be levied for authenticating a copy to be a true

copy

(3) Copying fees shall be recovered in advance in cash.

"(4) Where a party applies for immediate delivery of a copy of evidence taken down bv a "tenofrrapher, the fee chargeable shall be 2J times of those prescribed by tjub-rulc (H, in such case, fifty per cent of the fees prescribed by sub-rule (1) shall be paid to the Stenographer

2"? Fees for inspection of records.— (1) Fees for inspecting records and legisters of the Tribunal shall be charged) as follows —

For the first hour or part thereof. For every additional hour or part thereof.

1 Rupee 00 paise (a) 0"

(2i) Fets for Inspection shall be paid in cash.

569

FORM A

(See rule 5)

Before the Appellate Tribunal for Fofeited Property, New Delhi

Memorandum of Appeal

[Section I2of the Smuijlers and F >reign Exchange Manipulators (Fofeiture of Property)

Act, 1976]

No. /19

To be filled up by the office of Appellate

Tribunal

In the matter of • Appellant

Respondent Competent Authority, New Delhi/Bombay/

Calcutta/Madras.

Calcutta/Madras.

1. Aurhtvity pismig the order applied against, C impotent Auth irity, New Delhi/Bombay/ I • 2. Date of the order . . . ..

•3. Date of service of the order

4. W a e t lw a hairing in p w i n nr through an au- Yes'No

thorlscd representative is desired.

5. To address 11 which communications may be

sent to the appellant.

6. Address of the Respondent • • • Competent Authority 7 Section or subjection of the section of the Smugglers and F oreign Exchange Manipulators (Forfeiture of Property) Act, 1976, under w'lich th: c-1 moment authority passed the order and which is appealed against.

8. Relief claimed :

(1) Wvitier the entire order is disputed • Yes'No (u) If onlycirtainitems of properties are dispu-

ted, enumerate them in an annexurc.

9. Go m ad of appeal (Annex a separate sheet

if space is not sufficient). Signature

(Appellant)

Signature

(Authorised Representative, if any.)

Verification

I

the appellant do hereby declare that what is stated above it true to the best of my information and belief.

Verified to-day the day of 19

NOTES

1. Tii: n : ml ihiull h; filed in q'tid:ao!icate acnmpjnied byfourcaples of orders appealed aiinst (one if wiich Will b- d. c—rifi':! cipy). Any enclosure will also be quadrupli- cate.

•2. The app^il sVulil b; written in Ei?bih >r in Hmii and should set f)rth concisely and under distinct heads ths ground! of appeal and ahiuld be without any argument or narrative and such grounds should bt numbered consecutively.

3. ItisenoughiftrLMn-rnorandurri jfapp;alis sigied either by the appellwtor the authorised representative. Where it is signed by the autho'ised respresentative, it should be accompanied by an authorisation of the appellant In has favour.

4. For further details see the Smugglers and Foreign Exchange Manipulators' (Appellate Tribunal for Forfeited Property) Rules, 1977,

[No. i / F. No, 1/77/ATFPJ JUSTICE J . N. WAZm, Chairman,

Appellate Tiibuml f->r Forfeited Property.

571

573

575

577

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND FUBLT£HID BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 77