Chapter III
MISCELLANEOUS
16. Rules of evidence.
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 bona fide 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.
17. Appeal.—(1) An appeal shall lie from any judgment or order, 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.
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.
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.
20. Power of Central Government to amend schedule.—(1) The Central Government may, having regard to the objects of this Act, and if 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.
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.
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.
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Other Contents of Fugitive Economic Offenders Act, 2018 |
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Chapter I- Preliminary |
23. Power to make rules.
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.
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.
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.
26. Repeal and saving.—(1) The Fugitive Economic Offenders Ordinance, 2018 (Ord. 1 of 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.
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