Discuss adjudication of confiscation and procedure thereof, under the Foreign Contribution (Regulation) Act, 2010.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2022
Discuss adjudication of confiscation and procedure thereof, under the Foreign Contribution (Regulation) Act, 2010.
Answer & Explanation:
Section 28 of the Foreign Contribution (Regulation) Act, 2010 provides that any article or currency or security which is seized under section 25 shall be liable to confiscation if such article or currency or security has been adjudged under section 29 to have been received or obtained in contravention of the Act. Adjudication of Confiscation According to Section 29(1) of the of the Foreign Contribution (Regulation) Act, 2010, any confiscation referred to in section 28 may be adjudged- without limit, by the Court of Session within the local limits of whose jurisdiction the seizure was made; and subject to such limits as may be prescribed, by such officer, not below the rank of an Assistant Sessions Judge, as the Central Government may, by notification in the Official Gazette, specify in this behalf. Section 29(2) of the Foreign Contribution (Regulation) Act, 2010 provides that when an adjudication under sub-section (1) above is concluded by the Court of Session or Assistant Sessions Judge, as the case may be, the Sessions Judge or Assistant Sessions Judge may make such order as he thinks fit for the disposal by confiscation or delivery of seized article or currency or security, as the case may be, to any person claiming to be entitled to possession thereof or otherwise, or which has been used for the commission of any offence under this Act. Procedure for Confiscation Section 30 provides that order of adjudication of confiscation shall not be made unless a reasonable opportunity of making a representation against such confiscation has been given to the person from whom any article or currency or security has been seized.
Topics: Foreign Contribution (Regulation) Act, 2010 (FCRA)
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