THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018
ACT NO 17 OF 2018
[31st July, 2018.]
An 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
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Application of Act.
CHAPTER II
DECLARATION OF FUGITIVE ECONOMIC OFFENDERS AND CONFISCATION OF PROPERTY
4. Application for declaration of fugitive economic offender and procedure therefor.
5. Attachment of property.
6. Powers of Director and other officers.
7. Power of survey.
8. Search and seizure.
9. Search of persons.
10. Notice.
11. Procedure for hearing application.
12. Declaration of fugitive economic offender.
13. Supplementary application.
14. Power to disallow civil claims.
15. Management of properties confiscated under this Act.
CHAPTER III
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 NO 17 OF 2018
[31st July, 2018.]
An 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.
2. Definitions.—(1) In this Act, unless the context otherwise requires,––
(a) “Administrator” means an 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 (45 of 1988);
(c) “contracting State” means any 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 (15 of 2003);
(e) “Director” means the Director appointed under sub-section (1) of section 49 of the
Prevention of Money-laundering Act, 2002 (15 of 2003);
(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 (18 of 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 (15 of 2003).
(2) The words and expressions used and not defined in this Act but defined in the Prevention of Money-laundering Act, 2002 (15 of 2003) shall have the meanings respectively assigned to them in that Act.
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;
(c) a list of properties or the value of such 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 (15 of 2003) 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.
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 (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.
