16. (1) The burden of proof for establishing—
(a) that an individual is a fugitive economic offender; or
(b) that a property is the proceeds of crime or any other property in which the
individual alleged to be a fugitive economic offender has an interest,
shall be on the Director or the person authorised by the Director to file the application under
section 4.
(2) Notwithstanding anything contained in any other law for the time being in force,
where any person referred to in sub-section (2) of section 10 claims that any interest in any
property was acquired bona fide and without knowledge of the fact that, such property
constitutes proceeds of crime, the burden of proving such fact shall lie upon him.
(3) The standard of proof applicable to the determination of facts by the Special Court
under this Act shall be preponderance of probabilities.
17. (1) An appeal shall lie from any judgment or order, not being an interlocutory order,
of a Special Court to the High Court both on facts and on law.
(2) Every appeal under this section shall be preferred within a period of thirty days
from the date of the judgment or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said period
of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the
appeal within the period of thirty days:
Provided further that no appeal shall be entertained after the expiry of period of ninety
days.
Management
of properties
confiscated
under this
Act.
Rules of
evidence.
Appeal.
6 of 2009.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
18. No civil court shall have jurisdiction to entertain any suit or proceeding in respect
of any matter which the Special Court is empowered by or under this Act to determine and no
injunction shall be granted by any court or other authority in respect of any action taken or
to be taken in pursuance of any power conferred by or under this Act.
19. No suit, prosecution or other legal proceeding shall lie against the Central
Government or Presiding Officer of the Special Court or Director or Deputy Director or any
other officer authorised by the Director for anything which is in good faith done or intended
to be done under this Act or any rule made thereunder.
20. (1) The Central Government may, having regard to the objects of this Act, and if it
considers necessary or expedient so to do, by notification add to, or as the case may be, omit
from the Schedule any offences specified therein.
(2) Every such notification shall, as soon as after it is issued, be laid before each
House of Parliament.
21. The provisions of this Act shall have effect, notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
22. The provisions of this Act shall be in addition to and not in derogation of any other
law for the time being in force.
23. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.
(2) In particular, and without prejudice to generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:—
(a) the form and manner of filing application under sub-section (1) of section 4;
(b) the manner of attachment of property under sub-section (1) of section 5;
(c) other matters under clause (f) of section 6;
(d) the procedure for conducting search and seizure under section 8;
(e) the manner in which the notice shall be served under sub-section (5) of
section 10;
(f) any other electronic account under clause (c) of sub-section (6) of section 10;
(g) the manner and conditions subject to which the Administrator shall receive
and manage the property confiscated under sub-section (2) of section 15; and
(h) any other matter which is required to be, or may be, prescribed or in respect
of which provision is to be made by rules.
24. Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
25. (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. (1) The Fugitive Economic Offenders Ordinance, 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.