Discuss the process to declare a person as a Fugitive Economic Offender, indicating provisions relating to application, attachment, notice, proceedings and declaration, confiscation appeal etc. as mentioned in Fugitive E

CS Professional · Governance, Risk Management, Compliances and Ethics · PYQS · December 2022
Discuss the process to declare a person as a Fugitive Economic Offender, indicating provisions relating to application, attachment, notice, proceedings and declaration, confiscation appeal etc. as mentioned in Fugitive Economic Offender Act, 2018.

Answer & Explanation:

Process to Declare a Person as a Fugitive Economic Offender under Fugitive Economic Offender Act, 2018: Application (Section 4) The process of declaring a person as a fugitive economic offender starts with an application that is to be filled by the director or any other person who is not below the position of deputy director. The application needs to contain the following: Reason behind believing that such a person is an economic offender. Any information about his whereabouts. List of all the properties which are believed to be proceeds of crime or Benami property. List of people having interest in the said property. Attachment (Section 5) The Authorities may attach any property which is mentioned in the above application with the prior approval of the special court. Such an attachment will be valid for 180 days, which may be extended to the discretion of the court. Notice (Section 10) The individual against whom the proceedings have been initiated will be served a notice by the special court. Such a notice will require the said individual to be present at the specified date on the specified date, failure to report on that date will result in declaring that person as a fugitive economic offender. It must be noted that the court will give a minimum time of six weeks to the alleged offender to be present before the court. Proceedings and Declaration (Section 11 & 12) If the alleged offender appears before the court within the prescribed time then the proceedings will be terminated, and if he is represented by his council then the court will grant them a period of one week to file a reply after which if the court doesn't find him as an fugitive economic offender then all his properties will be released If that individual fails to appear in the stipulated date then he will be declared as a fugitive economic offender. Confiscation (Section 12) If the alleged person is found to be a fugitive economic offender then the special court may confiscate all the properties which are acquired from the proceeds of crime, Benami property. All the rights of this confiscated property shall solely vest with the central government. The central government has all the right to dispose of these properties after 90 days of confiscation. Appeal (Section 17) The offender, if unsatisfied with the order, may appeal to the High Court within 30 of the order.

Topics: Fugitive Economic Offender Act, 2018

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