1. (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.
Short title,
extent and
commencement.
EXTRAORDINARY
PART II — Section 1
PUBLISHED BY AUTHORITY
No. 29] NEW DELHI, WEDNESDAY, AUGUST 1, 2018/SHRAVANA 10, 1940 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—18
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 1st August, 2018/Shravana 10, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
31st July, 2018, and is hereby published for general information:—
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
2. (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;
(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;
(e) “Director” means the Director appointed under sub-section (1) of section 49
of the Prevention of Money-laundering Act, 2002;
(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;
(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.
Definitions.
15 of 2003.
15 of 2003.
18 of 2013.
15 of 2003.
45 of 1988.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(2) The words and expressions used and not defined in this Act but defined in the
Prevention of Money-laundering Act, 2002 shall have the meanings respectively assigned to
them in that Act.
3. 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.