Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976

3. Definition-

(1) In this Act, unless the context otherwise requires,-

1. "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 12;

2. "competent authority" means an officer of the Central Government authorized by it under sub-section (1) of section 5 to perform the functions of a competent authority under this Act;

3. "illegally acquired property", in relation to any person to whom this Act applies, means-

i. Any property acquired by such person, whether before or after the commencement of this Ac, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited by or under any law for the time being in force relating to any matter in respect of which Parliament has power to make laws; or

ii. any property acquired by such person, whether before or after the commencement of this Act, wholly or partly our of or be means of any income, earning or assets in respect of which any such law has been contravened; or

iii. any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved and which cannot be shown to be attributable to any act or thing done in respect of any matter in relation to which Parliament has no power to make laws; or

iv. any property acquired by such person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property referred to in such-clauses (I) to (iii) or the income or earnings from such property ; and includes-

A. any, property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders the last of such previous holders is or was a transferee in good faith for adequate consideration ;

B. any property acquired by such person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings there from ;

1. "prescribed" means prescribed by rules made under this Act;

2. "property" includes any interest in property, movable or immovable;

3. "trust" includes any other legal obligation.

(2) Any reference in this Act to any law which is not in force in any areas shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(3) Any reference in this Act to any officer or authority shall, in relation to any area in which there is not officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government by notification in the Official Gazette. 

Comment: "The definition of "illegally acquired properties" in Cl. (c) of S. 3(l) of SAFEMA is undoubtedly quite wide. It means and includes "any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited, by or under any law for the time being in force relating to any matter in respect of which Parliament has power to make laws ": Attorney General for India etc. etc., Petitioners v. Amratlal Prajivandas AIR 1994 SUPREME COURT 2179 

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