SEARCH, SEIZURE, PENALTY AND CONFISCATION UNDER FOREIGN TRADE DEVELOMENT AND REGULATION ACT, 1992
Power
of Search and seizure
Power of search and seizure
include right to enter into premises, search, inspection and seize the goods
and documents etc..Such power shall be exercise with relation to goods,
services and technology. Any government officer may be authorized to exercise
power of search and seizure[1]. With reference to goods such authorized
officer shall enter into such premises where the goods are kept, stored or
processed, manufactured, traded or supplied or received for the purpose of
import or export. Such officer shallsearch, inspect and seize such goods,
documents, things and conveyances connected with such export and import of
goods. With reference to service and technology authorized officer shall enter
into such premises where theservice or technology are being provided, supplied, received consumed or utilized and search, inspect and
seize such goods, documents, things and conveyances connected with such export
and import of service and technology. Although such right can be exercise only
when the service and technology provider is availing benefit under the foreign
trade policy or is dealing with specified service or specified technology.
Power to Impose
Penalty
Penalty
for contravention
A person can import and export only
as per the provision of this Act or rules made thereunder. This Act provides
that if any person, in export and import, contravenes or try to contravene any
provision of this Act or rules and export and import policy he shall be liable
to a penalty[2]upto one thousand rupees or
five times the value of the goods in respect of which any contravention is made
or attempted to be made, whichever is more.
Penalty
for false and tempering document
If any person tempered knowingly and
try to tempered any signed declaration, statement or document submitted to
Director General and Director General or any officer authorizedreason to
believe that such declaration, statement or document is forged, or tampered
with or false, he shall be liable to a penalty[3]uptoten
thousand rupees or more than five times the value of the goods or services or
technology inrespect of which such declaration, statement or document had been
submitted, whichever is more. If any person admits any contravention on a
notice given by the Adjudicating Authority, the Adjudicating Authority may
handle such cases by way of settlement and determine an amount to be paid by
that person.
Power to Confiscate Goods or Conveyance
If any person contravene[4]
or attempted to contravene any provision of this Act or rules made thereunder
or the export and import policythe goods together with any package, and any
conveyances shall, be confiscate by the Adjudicating Authority.Such confiscated
goods or the conveyance may be released by the Adjudicating Authority on
payment of the redemption charges equivalent to the market value of the goods
or conveyance by the person concerned.
Mode of Recovery of
Penalty
This Act
provides several modes for recovery of penalty[5]
if any person fails to pay penalty. Modes of recovery of penalty are as-
Recovery of Penalty by deduction
(a)
the
Director General may deduct the amount payable under this Act from any money
owing to such person.
(b)
the
Director General may require custom officer to deduct the amount from any money
owing to such person, if such amount is payable
under the Custom Act, 1962 and that person is under the control of
custom officer.
Recovery
of Penalty by detaining or selling the goods
(c)
the
Director General may require any commissioner of custom to recover the amount by detaining and
selling any goods belonging to such person, which are under the control of such officer and the amount is payable under
the Custom Act, 1962.
Recovery of Penalty as arrear of Land Revenue
(d)
If
the amount cannot be recovered from such
person in the above stated prescribedmanner, than -
(i) the
Director General or any authorized officer, may prepare the certificate by
specifying the amount due from such person and send to District collector in
which such person resides or carry on business , and said collector on receipt
of such certificate shall proceed to recover such amount from such person as
arrear of land revenue. Or
Recovery of
Penalty by Selling of property
(ii) the Director General or any authorized
officer,shall exercise his power to detain any movable or immovable property
belonging or control to such person and
detain the same until the amount is paid , if amount is payable under the custom Act, and in case any part of said
amount is remain unpaid, or cost of distress or keeping the property remains
unpaid for a period of 30 days – director general may sale the property and
with the proceeds of such sale , may satisfy the amount payable and costs
including cost of sale remaining unpaid and shall render the surplus, if any of
such person.
Penalty may be recovered as per the terms of Bond if executed in this concerned[6].
Suspension of Importer and Exporter code Number
If any person fails to pay imposed
penalty, the importer and Exporter code Number of the person concerned, may be
suspended[7]
by the Adjudicating Authority till the penalty is paid or recovered. All sums
realized by way of penalties shall be credited to the Consolidated Fund of
India[8].
Director General or other officer
authorized by the Central Government is Adjudicating Authority andempowered to
imposed penalty or adjudge any confiscation under this Act[9].But
a reasonable notice has to be given to the owner of the goods connected with
services or technology or conveyance or other person concerned before passing
of order imposing a penalty or of adjudication of confiscation[10].
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