Panaji, 18th April, 2019 (Chaitra 28, 1941)

SERIES I No. 3

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

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, Ministry 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.

GOVERNMENT OF INDIA

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

INDEX

Department

Notification/Order

Subject

Pages

1. Finance

Not.- 12/3/82-Fin.(R&C)/Vol.I

Grant of Dearness Relief to Central Government

Under Secretary

pensioners/family pensioners—Revised rate.

2.a. Law & Judiciary

Not.- 10/6/2018-LA-56

The Fugitive Economic Offenders Act, 2018.

Joint Secretary

b. —do—

Not.- 10/6/2018-LA-44

The Appropriation (No. 5) Act, 2018.

c. —do—

Not.- 10/4/2019-LA-119

The Jammu and Kashmir Reservation

(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)

Ordinance, 2019.

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.

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 Department’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, 2019

Department 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

Short title, extent and commencement.

Definitions.

Application of Act.

CHAPTER II

Declaration of Fugitive Economic Offenders and

Confiscation of Property

Application for declaration of fugitive

economic offender and procedure therefor.

Attachment of property.

Powers of Director and other officers.

Power of survey.

Search and seizure.

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

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.

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2. Definitions.— (1) In this Act, unless the

context otherwise requires,––

(a)

“Administrator”

means

Administrator appointed under sub-section

(1) of section 15;

(b) “benami property” 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 Property

Transactions Act, 1988;

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;

(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.

(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) 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 country, 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;

(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;

(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.

45 of 1988.

15 of 2003.

18 of 2013.

15 of 2003.

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3. 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;

properties believed to be the proceeds of

crime, including any such property outside

India for which confiscation is sought;

(d) a list of properties 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).

(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 property mentioned in the

application under section 4 by an order in

writing in such manner as may be prescribed.

(2) Notwithstanding anything contained in

sub-section (1) or section 4, the Director or any

other officer, not below the rank of Deputy

Director, authorised by the Director, may, by

an order in writing, at any time prior to the

filing of the application under section 4, attach

any property—

(a) for which there is a reason to believe

that the property is proceeds of crime, or is

a property or benami property owned by

an individual who is a fugitive economic

offender; and

(b) which is being or is likely to be dealt

within a manner which may result in the

property being unavailable for confiscation:

Provided that the Director or any other

officer who provisionally attaches any

property under this sub-section shall, within

a period of thirty days from the date of such

attachment, file an application under section

4 before the Special Court.

(3) The attachment of any property under

this section shall continue for a period of one

hundred and eighty days from the date of

order of attachment or such other period as

may be extended by the Special Court before

the expiry of such period.

(4) Nothing in this section shall prevent the

person interested in the enjoyment of the

immovable property attached under sub-

section (1) from such enjoyment.

Explanation.— For the purposes of this sub-

section, the expression “person interested”,

in relation to any immovable property includes

all persons claiming or entitled to claim any

interest in the property.

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

15 of 2003.

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Code of Civil Procedure, 1908 while

trying 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;

(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

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;

5 of 1908.

OFFICIAL GAZETTE — GOVT. OF GOA

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18TH APRIL, 2019

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 property, 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;

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

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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

Permanent Account Number

under section 139A of the Income-

tax Act, 1961;

(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

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 properties cannot be

identified, quantify the value of the proceeds

of crime.

43 of 1961.

18 of 2016.

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(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 after 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

partnership, or any promoter or key

managerial

personnel

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

(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.

6 of 2009.

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18TH APRIL, 2019

15. 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.

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.

(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 thirty 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.

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;

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

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.

Ord. 1 of

2018.

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SERIES I No. 3

18TH APRIL, 2019

THE 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)

Prohibition of benami transactions.

VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)

Public servant taking gratification other than legal remuneration in respect of an

official act.

Taking gratification in order, by corrupt or illegal means, to influence public servant.

Taking gratification for exercise of personal influence with public servant.

Punishment for abetment by public servant of offences defined in section 8 or

section 9 of the Prevention of Corruption Act, 1988.

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.

Offences for contravention of the provisions of the Act.

IX. Offences under the Prevention of Money-laundering Act, 2002 (15 of 2003)

Offence of money-laundering.

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)

Penalty for article or currency or security obtained in contravention of section 10.

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)

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)

Punishment for wilful attempt to evade tax.

XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)

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

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)

No.

Sums not exceeding

Services and purposes

Voted

Charged

vote

by Parliament

on the

Total

Consolidated

Fund

Rs.

Civil Ministries

15 Department of Telecommunication

Revenue

210,22,20,526

...

210,22,20,526

22 Defence Pensions

Revenue

...

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

4 Working Expenses—Repairs and maintenance of

permanent way and works

Revenue

...

14,04,773

6 Working Expenses—Repairs and Maintenance of

Carriage and Wagons

Revenue

...

158

11 Working Expenses—Staff Welfare and Amenties

Revenue

...

200

13 Working Expenses—Provident Fund, Pension and

Other retirement benefits

Revenue

...

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, Extraordinary, Part 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, 2019

MINISTRY 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.

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)

XIV of 2004.

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

called

the

Homoeopathy Central Council (Amendment)

Ordinance, 2019.

(2) It shall come into force at once.

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

59 of 1973.

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)

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;