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| RIGHT TO INFORMATION ACT 2005 : MANUAL - II |
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| POWERS & DUTIES:- |
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(a)
Under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, the powers and duties of this office are as under:- |
| POWERS |
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(i) Power to issue notice for forfeiture of properties under section 6 of the Act.
(ii) Power to forfeit properties under section 7 of the Act.
(iii) Power to impose fine in lieu of forfeiture under section 9 of the Act.
(iv) Power to take possession of property under section 19 of the Act.
(v) Power to cause enquiry through Department of Income Tax u/s.18 of the Act.
(vi) Powers of Civil Court u/s.15 of the Act in respect of the following matters:- |
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(a) summoning and enforcing the attendance of any person and examine him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court of office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other mater which may be prescribed. |
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DUTIES: |
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(i) To ensure proper service of notice under section 6 of the Act
(ii) To provide opportunity for a hearing under section 7 of the Act.
(iii) To provide opportunity for a hearing under section 9 of the Act.
(iv) To defend any appeal against any order before the Appellate Tribunal, High Court or Supreme Court.
(v) To manage the properties under forfeiture till their disposal.
(vi) To dispose off the properties forfeited.
(vii) Any other function assigned by the Central Government. |
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(b) Under the Narcotic Drugs and Psychotropic Substances Act , 1985, the powers and duties of this office are as under:- |
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| POWERS |
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(i) Power to issue notice for forfeiture of properties under section 68-H of the Act.
(ii) Power to forfeiture properties under section 68-I of the Act.
(iii) Power to impose fine in lieu of forfeiture under section 68-K of the Act.
(iv) Power to take possession of property under section 68-U of the Act.
(v) Powers of a Civil Court u/s.68-R of the Act, in respect of the following matters:- |
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(a) summoning and enforcing the attendance of any person and examine him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court of office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other mater which may be prescribed. |
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DUTIES: |
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(i) To ensure proper service of notice under section 68-H of the Act.
(ii) To provide opportunity for hearing under section 68-I of the Act.
(iii) To provide opportunity for hearing under section 68-K of the Act.
(iv) To defend any appeal against any order before the Appellate Tribunal, High Court or Supreme Court.
(v) To manage the properties under forfeiture till their disposal.
(vi) To dispose off the properties forfeited
(vii) Any other function assigned by the Central Government. |
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