The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No 25] NEW DELHI, SATURDAY, JANUARY 13, 1979/PAUSA 23, 1900
Separate paging is given to this Part in order that it may be filed as a separate
compilation
50 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(U)J Revenue & Banking No S.O. 179(E), dated the 18th February, 1977, at pages 563 to 569 of the Gazette of India Extraordinary, Part-II, Section 3-Sub-section (ii)> dated tne 18th February, 1977, namely :—MINISTRY OF FINANCE
(Department of Revenue)
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
NOTIFICATION
Delhi, the 13th January, 1979
S.O. 27(E).—In exercise of the powers conferred by sub- section (7) of section 2 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), the Appellate Tribunal for Forfeited Property hereby makes the following Rules to amend the Smugglers and Foreign Exchange Manipulators (Appellate Tribunal for Forfeited Property) Rules, 1977, published wkh the notifica- tion of the Government of India in the Department of 1. (i) These rules may be called the Smugglers and Foreign Exchange Manipulators (Appellate Tribunal for Forfeited Property) Amendment Rules, 1978.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the Smugglers and Foreign Exchange Manipulators (Appellate Tribunal for Forfeited Property) Rules, 1977 (hereinafter referred to as the said rules), before the pream- ble, for the heading "APPELLATE TRIBUNAL FOR FORFEITED PROPERTY OF SMUGOL.KRS AND FOREIGN EXCHANGE MANIPULATORS", the heading "RULES TO REGULATE THE PROCEDURE OF THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY" shall be substituted.
3. In Rule 5 of the jaid rules :
(1) in sub-rule (1), after the words "competent autno- rity" the words, figures and brackets "under sec- tion 7 or sub-seaion (1) of section 9 Or section 10 of the Act" shall be inserted ;
(ii) in sub-rule (3), in clause (a), in the proviso, for the word "Application'' the word "appeal" shall be substituted.
4. In Rule 7, for sub-rule (1) and (2), the following sub-rules shall be substituted, namely :—
"(1) After an appeal Is registered, ons copy of the memorandum of appeal nnd annexures thereto shall be served as soon as possible on the competent authority either *>y rep>tered post, acknowledge- ment due, or by delivering Or tendering them to the said authority through nweenger,
(2) The parties shall be informed of the date and place of hearing of the appeal i/.ther by registered post, acknowledgement Jue, or by notice served on them through messenger :
Provided that where the parties are present before the Tribunal, it may inform them the date and place at hearing of the appeal."
5. In Rule 12 of the said ruler, in the proviso, for the words "the Tribunal shall make an t-rder", the words "the Tribunal shall after giving notice to the respondent, make an order" shall be substituted.
6. For Rule 16, the following rd'es shall be substituted, namely :
16. Hearing of appeals:
"The places in which the Tribunal sits for the purpose of hearing appeals shall be deemed to be an open Court, to which the public generally mr have access so far as the game can conveniently contain them.
Provided that the Tribunal may, if it thinks fit order at any stage of the hearing of an appeal, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Tribunal."
[No. 2I/Gen/ATFF/78-79] JUSTICE G. C. MATHUR, Chairman