Reg. No. G-2/RNP/GOA/32/2018-20
RNI No. GOAENG/2002/6410
Panaji, 18th April, 2019 (Chaitra 28, 1941) SERIES I No. 3 PUBLISHED BY AUTHORITY
NOTE
There is one Extraordinary issue to the Official Gazette, Series I No. 2 dated 11-4-2019 from pages 61 to 62, Notification No. 5-6-2019-Fin(DMU) from Department of Finance (Debt Management Division) regarding Market Borrowing Programme.
INDEX
Department Notification/Order
Subject Pages
1. Finance Not.- 12/3/82-Fin.(R&C)/Vol.I Grant of Dearness Relief to Central Government 63 Under Secretary
pensioners/family pensioners—Revised rate.
2.a. Law & Judiciary Not.- 10/6/2018-LA-56 The Fugitive Economic Offenders Act, 2018. 65 Joint Secretary
b. —do— Not.- 10/6/2018-LA-44 The Appropriation (No. 5) Act, 2018. 76
c. —do— Not.- 10/4/2019-LA-119 The Jammu and Kashmir Reservation 77 (Amendment) Ordinance, 2019.
d. —do— Not.- 10/4/2019-LA-122 The Homoeopathy Central Council (Amendment) 78 Ordinance, 2019.
e. —do— Not.- 10/4/2019-LA-123 The Special Economic Zones (Amendment) 79 Ordinance, 2019.
GOVERNMENT OF INDIA
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division —— Office Memorandum
12/3/82-Fin.(R&C)/Vol.I
A copy of the under mentioned Office Memorandum received from the Government of India, Ministr y of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners' Welfare, New Delhi, is forwarded herewith for being published in the Official Gazette.
Sushama D. Kamat, Under Secretary,
Finance (R&C).
Porvorim, 11th April, 2019.
Ministry of Personnel, Public Grievances
& Pensions
Department of Pension & Pensioners' Welfare
3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi 110003 Dated the 06th March, 2019
Office Memorandum
42/04/2019-P&PW(D)
Sub.: Grant of Dearness Relief to Central Government pensioners/family pensi- oners—Revised rate effective from 01-01-2019—reg.
The undersigned is directed to refer to this Department's OM No. 42/06/2018-P&PW(G) dated 18-09-2018 on the subject mentioned OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 above and to state that the President is pleased to decide that the Dearness Relief admissible to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 9% to 12% w.e.f. 01-01-2019.
2. These rates of DR will be applicable to (i)
Civilian Central Government Pensioners/
/Family Pensioners including Central Govt.
absorbee pensioners in PSU/Autonomous
Bodies in respect of whom orders have been
issued vide this Department's OM No. 4/34/
/2002-P&PW(D) Vol. II dated 23-06-2017 for
restoration of full pension after expiry of
commutation period of 15 years (ii) The Armed
Forces Pensioners, Civilian Pensioners paid out
of the Defence Service Estimates, (iii) All India
Service Pensioners (iv) Railway Pensioners/
family pensioners (v) Pensioners who are in
receipt of provisional pension (vi) The Burma
Civilian pensioners/family pensioners and
pensioners/families of displaced Government
Pensioners from Burma/Pakistan, in respect of
whom orders have been issued vide this
Department's OM No. 23/3/2008-P&PW(B)
dated 11-09-2017.
3. The payment of Dearness Relief involving
a fraction of a rupee shall be rounded off to the
next higher rupee.
4. The payment of arrears or Dearness Relief
shall not be made before the date of
disbursement of pension/family pension of
March, 2019.
5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department's OM No. 45/73/97-P&PW(G) dated 2-7-1999 as amended vide this Depar tment's OM No. F. No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension will remain unchanged.
6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.
8. The offices of Accountant General and
authorised Pension Disbursing Banks are
requested to arrange payment of relief to
pensioners etc. on the basis of these
instructions without waiting for any further
instructions from the Comptroller and Auditor
General of India and the Reserve Bank of India
in view of letter No. 528-TA, II/34-80-II dated
23-04-1981 of the Comptroller and Auditor
General of India addressed to all Accountant
Generals and Reserve Bank of India Circular
No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated
the 21st May, 1981 addressed to State Bank of
India and its subsidiaries and all Nationalised
Banks.
9. In their application to the pensioners/
/family pensioners belonging to Indian Audit
and Accounts Department, these orders issue
after consultation with the C&AG.
10. This issues in accordance with Ministry of Finance, Department of Expenditure's OM No. 1/1/2019-E.II(B) dated 27th February,
2019.
Sd/,
Charanjit Taneja,
Under Secretary to the
Government of India.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019Department of Law & Judiciary
Legal Affairs Division __
Notification
10/6/2018-LA-56
The Fugitive Economic Offenders Act, 2018 (Central Act No. 17 of 2018), which has been passed by Parliament and assented to by the President on 31-07-2018 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 01-08-2018, is hereby published for the general information of the public.
Julio Barbosa Noronha, Joint Secretary (Law).
Porvorim, 29th January, 2019.
————
THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018
Arrangement of Section
CHAPTER I
Preliminary
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Application of Act.
CHAPTER II
Declaration of Fugitive Economic Offenders and Confiscation of Property
4. Application for declaration of fugitive
economic offender and procedure therefor.
5. Attachment of property.
6. Powers of Director and other officers.
7. Power of survey.
8. Search and seizure.
9. Search of persons.
10. Notice.
11. Procedure for hearing application.
Sections
12. Declaration of fugitive economic offender.
13. Supplementary application.
14. Power to disallow civil claims.
15. Management of properties confiscated under
this Act.
Miscellaneous
16. Rules of evidence.
17. Appeal.
18. Bar of jurisdiction.
19. Protection of action taken in good faith.
20. Power of Central Government to amend
Schedule.
21. Overriding effect.
22. Application of other laws not barred.
23. Power to make rules.
24. Laying of rules before Parliament.
25. Power to remove difficulties.
26. Repeal and saving.
THE SCHEDULE __
The Fugitive Economic Offenders Act, 2018
AN
ACT
to provide for measures to deter fugitive economic offenders from evading the process of law in India 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.
Be it enacted by Parliament in the Sixty- ninth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Fugitive Economic Offenders Act, 2018.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force
on the 21st day of April, 2018.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 20192. Definitions.— (1) In this Act, unless the
context otherwise requires,––
(a) "Administrator" means an Administrator appointed under sub-section (1) of section 15;
(b) "benami proper ty " and "benami transaction" shall have the same meanings as assigned to them under clauses (8) and (9) respectively of section 2 of the Prohibition of Benami Proper ty Transactions Act, 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 of such country through a treaty or otherwise;
15 of 2003.
(d) "Deputy Director" means the Deputy Director appointed under sub-section (1) of section 49 of the Prevention of Money-laundering Act, 2002.
(e) "Director" means the Director appointed under sub- section (1) of section 49 of the Prevention of Money-laundering Act, 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;
18 of 2013.
(g) "key managerial personnel" shall have the same meaning as assigned to it in clause (51) of section 2 of the Companies Act, 2013;
(h) "notification" means a notification published in the Official Gazette and the expression "notify " shall be construed accordingly;
(i) "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;
(viii) every artificial juridical person not falling within any of the preceding sub- clauses; and
(ix) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses;
(j) "prescribed" means prescribed by
rules made under this Act;
(k) "proceeds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a Scheduled Offence, or the value of any such property, or where such property is taken or held outside the countr y, then the property equivalent in value held within the country or abroad;
(l) "Schedule" means the Schedule
appended to this Act;
(m) "Scheduled Offence" means an offence specified in the Schedule, if the total value involved in such offence or offences is one hundred crore rupees or more;
15 of 2003.
(n) "Special Court" means a Court of Session designated as a Special Court under sub-section (1) of section 43 of the Prevention of Money-laundering Act, 2002;
15 of 2003.
(2) The words and expressions used and not defined in this Act but defined in the Prevention of Money-laundering Act, 2002 shall have the meanings respectively assigned to them in that Act.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 20193. Application of Act.— The provisions of this Act shall apply to any individual who is, or becomes, a fugitive economic offender on or after the date of coming into force of this Act.
CHAPTER II
Declaration of Fugitive Economic Offenders and Confiscation of Property
4. Application for declaration of fugitive economic offender and procedure therefor.— (1) Where the Director or any other officer not below the rank of Deputy Director authorised by the Director for the purposes of this section, has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material 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.
(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 of properties or the value of such properties believed to be the proceeds of crime, including any such property outside India for which confiscation is sought;
(d) a list of proper ties or benami properties owned by the individual in India or abroad for which confiscation is sought; and
(e) a list of persons who may have an interest in any of the properties listed under clauses (c) and (d).
15 of 2003.
(3) The Authorities appointed for the purposes of the Prevention of Money-laundering Act, 2002 shall be the Authorities for the purposes of this Act.
5. Attachment of property.— (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 proper ty 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.
6. Powers of Director and other officers.— The Director or any other officer shall, for the purposes of section 4, have the same powers as are vested in a civil court under the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 5 of 1908.
Code of Civil Procedure, 1908 while tr ying a suit in respect of the following matters, namely:—
(a) discovery and inspection;
(b) enforcing the attendance of any person, including any officer of a reporting entity and examining him on oath;
(c) compelling the production of records;
(d) receiving evidence on affidavits;
(e) issuing commissions for examination
of witnesses and documents; and
(f) any other matter which may be
prescribed.
7. Power of survey.— (1) Notwithstanding anything contained in any other provisions of this Act, 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 belief to be recorded in writing), that an individual may be a fugitive economic offender, he may enter any place—
(i) within the limits of the area assigned
to him; or
(ii) in respect of which he is authorised for the purposes of this 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;
(b) afford him the necessary facility to check or verify the proceeds of crime 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 Act.
(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;
(ii) make an inventory of any property
checked or verified by him; and
(iii) record the statement of any person present at the property which may be useful for, or relevant to, any proceeding under this Act.
8. Search and seizure.— (1) Notwithstanding anything contained in any other law for the time being in force, 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—
(i) may be declared as a fugitive economic
offender;
(ii) is in possession of any proceeds of
crime;
(iii) is in possession of any records which
may relate to proceeds of crime; or
(iv) is in possession of any property
related to proceeds of crime,
then, subject to any rules made in this behalf, he may authorise any officer subordinate to him to—
(a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept;
(b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019(c) seize any record or property found
as a result of such search;
(d) place marks of identification on such record or property, if required or make or cause to be made extracts or copies therefrom;
(e) make a note or an inventory of such
record or property; and
(f) examine on oath any person, who is found to be in possession or control of any record or proper ty, in respect of all matters relevant for the purposes of any investigation under this Act.
(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. Search of persons.— Notwithstanding anything contained in any other law for the time being in force—
(a) if an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to 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 Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act;
(b) where an authority is about to search any person, he shall, if such 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 of twenty-four hours shall exclude the time necessary for the journey undertaken to take such person to the nearest Gazetted Officer, superior in rank to him, or the Magistrate's Court;
(c) if the requisition under clause (b) 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 clause:
Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the 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, if he 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 of such persons;
(f) the authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list;
(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 (d) in respect of the records or proceeds of crime found or seized in the course of the search.
10. Notice.— (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 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 (b) 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 Act.
(4) A notice under sub-section (1) shall be forwarded to such authority, as the Central Government may notify, for effecting service in a contracting State.
(5) The authority referred to in sub-section (4) shall make efforts to serve the notice within a period of two 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—
(a) his electronic mail address submitted in connection with an application for allotment of Per manent Account Number under section 139A of the Income- tax Act, 1961;
43 of 1961.
18 of 2016.
(b) 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, Benefits and Services) Act, 2016; or
(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.
11. Procedure for hearing application.— (1) Where any individual to whom notice has been issued under sub-section (1) of section 10 appears in person at the place and time specified in the notice, the Special Court may terminate the proceedings under this Act.
(2) Where any individual to whom notice has been issued under sub-section (1) of section 10 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 of notice has been effected
on such party; or
(b) that notice could not be served in spite of best efforts because such individual has evaded service of notice,
it may, after recording reasons in writing, proceed to hear the application.
(4) 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. Declaration of fugitive economic offender.— (1) After hearing the application under section 4, if the 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.
(2) On a declaration under sub-section (1), the Special Court may order that any of the following properties stand confiscated to the Central Government—
(a) the proceeds of crime in India or abroad, whether or not such property is owned by the fugitive economic offender; and
(b) any other property or benami property in India or abroad, owned by the fugitive economic offender.
(3) The confiscation order of the 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 proper ties cannot be identified, quantify the value of the proceeds of crime.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019(4) The confiscation order of the 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 of request to a Court or authority in the contracting State for execution of such order.
(6) Every letter of request to be transmitted to a contracting State under sub-section (5) shall be transmitted in such form and manner as the Central Government may, by notification, specify 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 bona fide 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 Government, 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 Act 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 of any such property or record for a period of ninety days from the date of receipt of such order, if he is of the opinion that such property is relevant for the appeal proceedings under this Act.
13. Supplementary application.— (1) Where at any time af ter the institution of the application under section 4, any other property is discovered or identified which constitutes proceeds of crime or is property or benami property owned by the individual in India or abroad who is a fugitive economic offender liable to be confiscated under this Act, the Director or any other officer not below the 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. Power to disallow civil claims.— Notwithstanding anything contained in any other law for the time being in force,—
(a) on a declaration of an individual as a fugitive economic offender, any Court or tribunal in India, in any civil proceeding before it, may, disallow such individual from putting forward or defending any civil claim; and
(b) any Court or tribunal in India in any civil proceeding before it, may, disallow any company or limited liability partnership from putting forward or defending any civil claim, if an individual filing the claim on behalf of the company or the limited liability par tnership, or any promoter or key managerial personnel or majority shareholder of the company or an individual having a controlling interest in the limited liability partnership has been declared as a fugitive economic offender.
Explanation.— For the purposes of this
section, the expressions—
(a) "company" means any body corporate and includes a firm, or other association of persons; and
6 of 2009.
(b) "limited liability partner- ship" shall have the same meaning as assigned to it in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 201915. Management of properties confiscated under this Act.— (1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Government of India) as it thinks fit, to perform the functions of an Administrator.
(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 12 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 property for a period of ninety days from the date of the order under sub-section (2) of section 12.
(3) The standard of proof applicable to the determination of facts by the Special Court under this Act shall be preponderance of probabilities.
17. Appeal.— (1) An appeal shall lie from any judgment or or der, 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 of thirty days from the date of the judgment or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said period of thir ty 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 period of ninety days.
CHAPTER III
Miscellaneous
16. Rules of evidence.— (1) The burden of
proof for establishing—
(a) that an individual is a fugitive
economic offender; or
(b) that a property 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) of section 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.
18. Bar of jurisdiction.— No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Special Court is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
19. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall lie against the Central Government or Presiding Officer of the 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 Act or any rule made thereunder.
20. Power of Central Government to amend Schedule.— (1) The Central Government may, having regard to the objects of this Act, and if OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 it considers necessary or expedient so to do, by notification add to, or as the case may be, omit from the Schedule any offences specified
therein.
(2) Every such notification shall, as soon as after it is issued, be laid before each House of
Parliament.
21. Overriding effect.— The provisions of this
Act shall have effect, notwithstanding
anything inconsistent therewith contained in
any other law for the time being in force.
22. Application of other laws not barred.—
The provisions of this Act shall be in addition
to and not in derogation of any other law for
the time being in force.
23. Power to make rules.— (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.
24. Laying of rules before Parliament.—
Every rule made under this Act 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 of thirty 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.
25. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government
may, by order, published in the Official
Gazette, make such provisions not inconsistent
with the provisions of this Act as may appear
to be necessary for removing the difficulty:
Provided that no order shall be made under
this section after the expiry of five years from
the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
26. Repeal and saving.— (1) The
Fugitive Economic Offenders
Ord. 1 of 2018.
Ordinance, 2018, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said
Ordinance, shall be deemed to have been done
or taken under this Act.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019THE SCHEDULE
[See section 2(l) and (m)]
Section Description of offence
I. Offences under the Indian Penal Code, 1860 (45 of 1860)
120B read with 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 Government stamp.
259 Having possession of counterfeit Government stamp.
260 Using as genuine a Government 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 of property.
421 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.
422 Dishonestly or fraudulently preventing debt being available for creditors.
423 Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
424 Dishonest or fraudulent removal or concealment of property.
467 Forgery of valuable 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.
481 Using a false property mark. 482 Punishment for using a false property mark.
483 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.
487 Making a false mark upon any receptacle containing goods.
488 Punishment for making use of any such false mark.
489A Counterfeiting currency notes or bank notes.
489B Using as genuine, forged or counterfeit currency notes or bank notes.
II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881)
138 Dishonour of cheque for insufficiency, etc., of funds in the account OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 Section Description of offence
III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934)
58B Penalties.
IV. Offences under the Central Excise Act, 1944 (1 of 1944)
Section 9 Offences and Penalties.
V. Offences under the Customs Act, 1962 (52 of 1962)
135 Evasion of duty or prohibitions.
VI. Offences under the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) 3 Prohibition of benami transactions.
VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)
7 Public servant taking gratification other than legal remuneration in respect of an 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.
10 Punishment for abetment by public servant of offences defined in section 8 or section 9 of the Prevention of Corruption Act, 1988.
13 Criminal misconduct by a public servant.
VIII. Offences under the Securities and Exchange Board of India Act, 1992 (15 of 1992) 12A read with Prohibition of manipulative and deceptive devices, insider trading and substantial section 24 acquisition of securities or control.
24 Offences for contravention of the provisions of the Act.
IX. Offences under the Prevention of Money-laundering Act, 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 Limited of section 30 Liability Partnership or any other person or for any other fraudulent purpose.
XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)
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 under the Companies Act, 2013 (18 of 2013) Sub-section (4) of Offer or invitation for subscription of securities on private placement. section 42 of the Companies Act, 2013 read with section 24 of the Securities and Exchange Board of India Act, 1992 (15 of 1992)
74 Repayment of deposits, etc., accepted before commencement of the Companies Act, 2013.
76A Punishment for contravention of section 73 or section 76 of the Companies Act, 2013.
Second proviso to Carrying on business of a company for a fraudulent or unlawful purpose. sub-section (4) of section 206 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 Section Description of offence
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 fraudulent 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.
447 Punishment for fraud.
452 Punishment for wrongful withholding of property.
XIII. Offences under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015)
51 Punishment for wilful attempt to evade tax.
XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)
69 Punishment for transactions defrauding creditors.
XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017)
Sub-section (5) of Punishment for certain offences. section 132
————
Notification
10/6/2018-LA-44
The Appropriation (No. 5) Act, 2018 (Central Act No. 30 of 2018), which has been passed by Parliament and assented to by the President on 24-08-2018 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 25-08-2018, is hereby published for the general information of the public.
Julio Barbosa Noronha, Joint Secretary (Law).
Porvorim, 29th January, 2019.
—————
The Appropriation (No. 5) Act, 2018
AN
ACT
to provide for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services during the financial year ended on the 31st day of March, 2016, in excess of the amounts granted for those services and for that year.
Be it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. Short title and commencement.— This Act may be called the Appropriation (No. 5) Act, 2018.
2. Issue of Rs. 286,44,20,255 out of the Consolidated Fund of India to meet certain excess expenditure for the year ended on the 31st March, 2016.— From and out of the Consolidated Fund of India, the sums specified in column 3 of the Schedule, amounting in the aggregate to the sum of two hundred eighty-six crore, forty four lakh, twenty thousand and two hundred fifty-five rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services specified in column 2 of the Schedule during the financial year ended on the 31st day of March, 2016, in excess of the OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 amounts granted for those services and for that year.
3. Appropriation.— The sums deemed to have been authorised to be paid and applied from and out of the Consolidated Fund of India under this Act shall be deemed to have been appropriated for the services and purposes expressed in the Schedule in relation to the financial year ended on the 31st day of March, 2016.
THE SCHEDULE
(See section 2 and 3)
1 2
3
No.
Sums not exceeding
of Services and purposes Voted Charged
vote
by Parliament on the Total
Consolidated Fund
Rs. Rs. Rs.
Civil Ministries
15 Department of Telecommunication Revenue 210,22,20,526 ... 210,22,20,526 22 Defence Pensions Revenue ... 14,65,728 14,65,728 Ministry of Railways
2 Miscellaneous Expenditure Revenue 75,62,93,767 ... 75,62,93,767 3 Working Expenses—General Superintendence and
Services
Revenue ... 11,02,690 11,02,690 4 Working Expenses—Repairs and maintenance of
permanent way and works Revenue ... 14,04,773 14,04,773 6 Working Expenses—Repairs and Maintenance of
Carriage and Wagons Revenue ... 158 158 11 Working Expenses—Staff Welfare and Amenties Revenue ... 200 200
13 Working Expenses—Provident Fund, Pension and
Other retirement benefits Revenue ... 19,32,413 19,32,413
TOTAL 285,85,14,293 59,05,962 286,44,20,255
————
Notification
10/4/2019-LA-119
The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 (Ordinance No. 8 of 2019), which has been promulgated by the President in the Seventieth Year of the Republic of India and published in the Gazette of India, Extraordinar y, Par t II, Section I, dated 1-3-2019, is hereby published for the general information of the public.
Julio B. Noronha, Joint Secretary (Law).
Porvorim, 4th April, 2019.
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 1st March, 2019/Phalguna 10, 1940 (Saka)
THE JAMMU AND KASHMIR RESERVATION (AMENDMENT) ORDINANCE, 2019
No. 8 of 2019.
Promulgated by the President in the Seventieth Year of the Republic of India.
An Ordinance to amend the Jammu and
Kashmir Reservation Act, 2004.
Whereas the President of India issued a Proclamation No. G.S.R. 1223(E), dated the 19th December, 2018 under article 356 of the Constitution of India in relation to the State of Jammu and Kashmir declaring therein that the powers of the Legislature of the State of Jammu and Kashmir shall be exercisable by or under the authority of the Parliament;
And whereas aforesaid Proclamation inter alia provides that the references in section 91 in the Constitution to the Governor and to the Legislature of the State or the House thereof, shall be construed as references to the President and to the Parliament or to the Houses thereof respectively;
And whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by section 91 of the Constitution of Jammu and Kashmir and of all other powers enabling him in that behalf, the President is pleased to promulgate the following Ordinance:—
1. Short title and commencement.— (1) This Ordinance may be called the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019.
(2) It shall come into force at once.
XIV of 2004.
2. Amendment in section 2.— In section 2 of the Jammu and Kashmir Reservation Act, 2004 (hereinafter referred to as the principal Act), in clause (o),—
(a) for sub-clause (ii), the following sub-
clause shall be substituted, namely:—
"(ii) the persons residing in the area adjoining Actual Line of Control and International Border;"; and
(b) in second proviso, in clause (ix), in the proviso for the words "Actual Line of Control", the words "Actual Line of Control or International Border" shall be substituted.
3. Amendment of section 3.— In section 3 of the principal Act, in sub-section (2), for the words "Line of Actual Control", wherever they occur, the words "Actual Line of Control or International Border" shall be substituted.
RAM NATH KOVIND President
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
————
Notification
10/4/2019-LA-122
The Homoeopathy Central Council (Amendment) Ordinance, 2019 (Ordinance No. 11 of 2019), which has been promulgated by the President in the Seventieth Year of the Republic of India and published in the Gazette of India, Extraordinary, Part II, Section I, dated 2-3-2019, is hereby published for the general information of the public.
Julio B. Noronha, Joint Secretary (Law).
Porvorim, 4th April, 2019.
————
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd March, 2019/Phalguna 11,1940 (Saka) OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019 THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2019
No. 11 of 2019
Promulgated by the President in the Seventieth Year of the Republic of India.
An ordinance further to amend the
Homoeopathy Central Council Act, 1973.
Whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. Short title and commencement.— (1) This ordinance may be called the Homoeopathy Central Council (Amendment) Ordinance, 2019.
(2) It shall come into force at once.
59 of 1973.
2. Amendment of section 3A.— In section 3A of the Homoeopathy Central Council Act, 1973, in sub- section (2), for the words "within a period of one year", the words "within a period of two years" shall be substituted.
RAM NATH KOVIND President
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
————
Notification
10/4/2019-LA-123
The Special Economic Zones (Amendment) Ordinance, 2019 (Ordinance No. 12 of 2019), which has been promulgated by the President in the Seventieth Year of the Republic of India and published in the Gazette of India, Extraordinar y, Part II, Section I, dated 2-3-2019, is hereby published for the general information of the public.
Julio B. Noronha, Joint Secretary (Law).
Porvorim, 4th April, 2019.
————
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd March, 2019/Phalguna 11,1940 (Saka)
THE SPECIAL ECONOMIC ZONES (AMENDMENT) ORDINANCE, 2019
No. 12 of 2019
Promulgated by the President in the Seventieth Year of the Republic of India.
An Ordinance further to amend the Special
Economic Zones Act, 2005.
Whereas Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:—
1. Short title and commencement.— (1) This Ordinance may be called the Special Economic Zones (Amendment) Ordinance, 2019.
(2) It shall come into force at once.
2. Amendment of section 2 of Act 28 of 2005.— In section 2 of the Special Economic Zones Act, 2005, in clause (v)—
(i) after the words "local authority", the words "or trust or any entity as may be notified by the Central Government" shall be inserted;
OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 3 18TH APRIL, 2019(ii) for the words "authority or company", the words "authority, company, trust or entity" shall be substituted.
RAM NATH KOVIND
President
DR. G. NARAYANA RAJU, Secretary to the Govt. of India.
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