#THE FUGITIVE ECONOMIC OFFENDERS ACT, 2018 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###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. 

6. **Powers of Director and other officers.**—The  Director  or  any  other  officer  shall,  for  the 
purposes  of  section  4,  have  the  same  powers  as  are vested  in  a  civil  court  under  the  Code  of  Civil 
Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:— 

  (a) discovery and inspection; 

  (b) enforcing  the  attendance  of  any  person,  including  any  officer  of  a  reporting  entity  and 
examining him on oath; 

  (c) compelling the production of records; 

  (d) receiving evidence on affidavits; 

  (e) issuing commissions for examination of witnesses and documents; and 

  (f) any other matter which may be prescribed. 

7. **Power of survey.**—(1) Notwithstanding anything contained in any other provisions of this Act, 
where  a  Director  or  any  other  officer  authorised  by  the  Director,  on  the  basis  of  material  in  his 
possession,  has  reason  to  believe  (the  reasons  for  such  belief  to  be  recorded  in  writing),  that  an 
individual may be a fugitive economic offender, he may enter any place— 

  (i) within the limits of the area assigned to him; or 

  (ii) in respect of which he is authorised for the purposes of this section, by such other authority, 
who is assigned the area within which such place is situated. 

(2) Where  the  Director  or  any  other  officer  authorised  by  him,  on  the  basis  of  material  in  his 
possession,  has  reason  to  believe  (the  reasons  for  such  belief  to  be  recorded  in  writing)  that  an 
individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in 
sub-section (1), he may request any proprietor, employee or any other person who may be present at 
that time, to— 

  (a) afford him the necessary facility to inspect such records as he may require and which may 
be available at such place; 

  (b) afford him the necessary facility to check or verify the proceeds of crime or any transaction 
related to proceeds of crime which may be found therein; and 

  (c) furnish  such  information  as  he  may  require  as  to  any  matter  which  may  be  useful  for,  or 
relevant to any proceedings under this Act. 

(3) The Director, or any other officer acting under this section may— 

  (i) place marks of identification on the  records inspected by him and  make or cause to be 
made extracts or copies therefrom; 

  (ii) make an inventory of any property checked or verified by him; and 

  (iii) record the statement of any person present at the property which may be useful for, or 
relevant to, any proceeding under this Act. 

8. **Search and seizure.**—(1)  Notwithstanding  anything  contained  in  any  other  law  for  the  time 
being  in  force,  where  the  Director  or  any  other  officer  not  below  the  rank  of  Deputy  Director 
authorised by him for the purposes of this section, on the basis of information in his possession, has 
reason to believe (the reason for such belief to be recorded in writing) that any person— 

  (i) may be declared as a fugitive economic offender; 

  (ii) is in possession of any proceeds of crime; 

  (iii) is in possession of any records which may relate to proceeds of crime; or 

  (iv) is in possession of any property related to proceeds of crime, 

then, subject to any rules made in this behalf, he may authorise any officer subordinate to him to— 

  (a) enter  and  search  any  building,  place,  vessel,  vehicle  or  aircraft  where  he  has  reason  to 
suspect that such records or proceeds of crime are kept; 

  (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising 
the powers conferred by clause (a) where the keys thereof are not available; 

  (c) seize any record or property found as a result of such search; 

  (d) place marks of identification on such record or property, if required or make or cause to be 
made extracts or copies therefrom; 

  (e) make a note or an inventory of such record or property; and 

  (f) examine on oath any person, who is found to be in possession or control of any record or 
property, in respect of all matters relevant for the purposes of any investigation under this Act. 

(2) Where an authority, upon information obtained during survey under section 7, is satisfied that 
any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded 
in  writing,  enter  and  search  the  building  or  place  where  such  evidence  is  located  and  seize  that 
evidence. 

9. **Search of persons.**—Notwithstanding anything contained in any other law for the time being 
in force— 

  (a) if an authority,  authorised in this behalf by the Central Government by general or special 
order, has reason to believe (the reason for such belief to be recorded in writing) that any person 
has secreted about his person or anything under his possession, ownership or control, any record or 
proceeds of crime which may be useful for or relevant to any proceedings under this Act, he may 
search that person and seize such record or property which may be useful for or relevant to any 
proceedings under this Act; 

  (b) where an authority is about to search any person, he shall, if such person so requires, take 
such person within twenty-four hours to the nearest Gazetted Officer, superior in rank to him, or a 
Magistrate: 

Provided that the period of twenty-four hours shall exclude the time necessary for the journey 
undertaken  to  take  such  person  to  the  nearest  Gazetted  Officer,  superior  in  rank  to  him,  or  the 
Magistrate’s Court; 

  (c) if the requisition under clause (b) is made, the authority shall not detain the person for more 
than twenty-four hours prior to taking him before the Gazetted Officer, superior in rank to him, or 
the Magistrate referred to in that clause: 

Provided that the period of twenty-four hours shall exclude the time necessary for the journey 
from the place  of detention to the office of the Gazetted Officer, superior in rank to him, or the 
Magistrate’s Court; 

  (d) the Gazetted Officer or the Magistrate before whom any such person is brought shall, if he 
sees  no  reasonable  ground  for  search,  forthwith  discharge  such person but  otherwise  shall  direct 
that search be made; 

  (e) before making the search under clause (a) or clause (d), the authority shall call upon two or 
more persons to attend and witness the search and the search shall be made in the presence of such 
persons; 

  (f) the authority shall prepare a list of record or property seized in the course of the search and 
obtain the signatures of the witnesses on the list; 

  (g) no female shall be searched by anyone except a female; and 

  (h) the authority shall record the statement of the person searched under clause (a) or clause (d) 
in respect of the records or proceeds of crime found or seized in the course of the search. 

10. **Notice.**—(1) Where an application under section 4 has been duly filed, the Special Court shall 
issue a notice to an individual who is alleged to be a fugitive economic offender. 

(2) The notice referred to in sub-section (1), shall also be issued to any other person who has 
any interest in the property mentioned in the application under sub-section (2) of section 4. 

(3) A notice under sub-section (1) shall— 

  (a) require  the  individual  to  appear  at  a  specified  place  and  time  not  less  than  six  weeks 
from the date of issue of such notice; and 

  (b) state that failure to appear on the specified place and time shall result in a declaration of 
the individual as a fugitive economic offender and confiscation of property under this Act. 

(4) A  notice  under  sub-section  (1)  shall  be  forwarded  to  such  authority,  as  the  Central 
Government may notify, for effecting service in a contracting State. 

(5) The authority referred to in sub-section (4) shall make efforts to serve the notice within a 
period of two weeks in such manner as may be prescribed. 

(6) A notice under sub-section (1) may also be served to the individual alleged to be a fugitive 
economic offender by electronic means to— 

  (a) his electronic mail address submitted in connection with an application for allotment of 
Permanent Account Number under section 139A of the Income-tax Act, 1961 (43 of 1961); 

  (b) his  electronic  mail  address  submitted  in  connection  with  an  application  for  enrolment 
under section 3 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits 
and Services) Act, 2016 (18 of 2016); or 

 (c) any other electronic account as may be prescribed, belonging to the individual which is 
accessed  by  him  over  the  internet,  subject  to  the  satisfaction  of  the  Special  Court  that  such 
account has been recently accessed by the individual and constitutes a reasonable method for 
communication of the notice to the individual. 

11. **Procedure for hearing application.**—(1)  Where  any  individual  to  whom  notice  has  been 
issued  under  sub-section  (1)  of  section  10  appears  in  person  at  the  place  and  time  specified  in  the 
notice, the Special Court may terminate the proceedings under this Act. 

(2) Where any individual to whom notice has been issued under sub-section (1) of section 10 fails 
to appear  at  the  place  and  time  specified  in  the  notice,  but  enters  appearance  through  counsel,  the 
Special Court may in its discretion give a period of one week to file a reply to the application under 
section 4. 

(3) Where any individual to whom notice has been issued under sub-section (1) of section 10 fails 
to enter appearance either in person or through counsel, and the Special Court is satisfied— 

  (a) that service of notice has been effected on such party; or 

  (b) that notice could not be served in spite of best efforts because such individual has evaded 
service of notice, 

it may, after recording reasons in writing, proceed to hear the application. 

(4) The  Special  Court  may  also  give  any  person  to  whom  notice  has  been  issued  under 
sub-section (2) of section 10 a period of one week to file a reply to the application under section 4. 

12. **Declaration of fugitive economic offender.**—(1)  After  hearing  the  application  under 
section 4, if the Special Court is satisfied that an individual is a fugitive economic offender, it may, by 
an order, declare the individual as a fugitive economic offender for reasons to be recorded in writing. 

(2) On a declaration under sub-section (1), the Special Court may order that any of the following 
properties stand confiscated to the Central Government— 

  (a)  the  proceeds  of  crime  in  India  or  abroad,  whether  or  not  such  property  is  owned  by  the 
fugitive economic offender; and 

  (b) any other property or benami property in India or abroad, owned by the fugitive economic 
offender. 

(3) The confiscation order of the Special Court shall, to the extent possible, identify the properties 
in  India  or  abroad  that  constitute  proceeds  of  crime  which  are  to  be  confiscated  and  in  case  such 
properties cannot be identified, quantify the value of the proceeds of crime. 

(4) The confiscation order of the Special Court shall separately list any other property owned by 
the fugitive economic offender in India which is to be confiscated. 

(5)  Where  the  Special  Court  has  made  an  order  for  confiscation  of  any  property  under 
sub-section  (2),  and  such  property  is  in  a  contracting  State,  the  Special  Court  may  issue  a  letter  of 
request to a Court or authority in the contracting State for execution of such order. 

(6) Every letter of request to be transmitted to a contracting State under sub-section (5) shall be 
transmitted in such form and manner as the Central Government may, by notification, specify in this 
behalf. 

(7) The  Special  Court  may,  while  making  the  confiscation  order,  exempt  from  confiscation  any 
property  which  is  a  proceed  of  crime  in  which  any  other  person,  other  than  the  fugitive  economic 
offender,  has  an  interest  if  it  is  satisfied  that  such  interest  was  acquired  bona  fide  and  without 
knowledge of the fact that the property was proceeds of crime. 

(8) All the rights and title in the confiscated property shall, from the date of the confiscation order, 
vest in the Central Government, free from all encumbrances. 

(9) Where on the conclusion of the proceedings, the Special Court finds that the individual is not a 
fugitive  economic  offender,  the  Special  Court  shall  order  release  of  property  or  record  attached  or 
seized under this Act to the person entitled to receive it. 

(10) Where  an  order  releasing  the  property  has  been  made  by  the  Special  Court  under 
sub-section (9), the Director or any other officer authorised by him in this behalf may withhold the 
release  of  any  such  property  or  record  for  a  period  of  ninety  days  from  the  date  of  receipt  of  such 
order, if he is of the opinion that such property is relevant for the appeal proceedings under this Act. 

13. **Supplementary application.**—(1)  Where  at  any  time  after  the  institution  of  the  application 
under section 4, any other property is discovered or identified which constitutes proceeds of crime or 
is property or benami property owned by the individual in India or abroad who is a fugitive economic 
offender liable to be confiscated under this Act, the Director or any other officer not below the rank of 
Deputy Director authorised by the Director for the purposes of this section, may file a supplementary 
application in the Special Court seeking confiscation of such properties. 

(2) The provisions of sections 4 to 12 shall, as far as may be, apply in relation to such application 
as they apply in relation to an application under section 4. 

14. **Power to disallow civil claims.**—Notwithstanding anything contained in any other law for the 
time being in force,— 

  (a) on a declaration of an individual as a fugitive economic offender, any Court or tribunal in 
India,  in  any  civil  proceeding  before  it,  may,  disallow  such  individual  from  putting  forward  or 
defending any civil claim; and 

  (b) any Court or tribunal in India in any civil proceeding before it, may, disallow any company 
or limited liability partnership from putting forward or defending any civil claim, if an individual 
filing the claim on behalf of the company or the limited liability partnership, or any promoter or 
key  managerial  personnel  or  majority  shareholder  of  the  company  or  an  individual  having  a 
controlling  interest  in  the  limited  liability  partnership  has  been  declared  as  a  fugitive  economic 
offender. 

*Explanation.*—For the purposes of this section, the expressions— 

  (a) “company”  means  any  body  corporate  and  includes  a  firm,  or  other  association  of 
persons; and 

  (b) “limited liability partnership” shall have the same meaning as assigned to it in clause (n) 
of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009). 

15. **Management of properties confiscated under this Act.**—(1)  The  Central  Government 
may, by order published in the Official Gazette, appoint as many of its officers (not below the rank 
of  a  Joint  Secretary  to  the  Government  of  India)  as  it  thinks  fit,  to  perform  the  functions  of  an 
Administrator. 

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in 
relation to which an order has been made under sub-section (2) of section 12 in such manner and 
subject to such conditions as may be prescribed. 

(3) The Administrator shall also take such measures, as the Central Government may direct, to 
dispose of the property which is vested in the Central Government under section 12: 

Provided that the Central Government or the Administrator shall not dispose of any property for 
a period of ninety days from the date of the order under sub-section (2) of section 12. 

###CHAPTER III 

###MISCELLANEOUS

16. **Rules of evidence.**—(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. **Appeal.**—(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. 

18. **Bar of jurisdiction.**—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. **Protection of action taken in good faith.**—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. **Power of Central Government to amend Schedule.**—(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. **Overriding effect.**—The  provisions  of  this  Act  shall  have  effect,  notwithstanding  anything 
inconsistent therewith contained in any other law for the time being in force. 

22. **Application of other laws not barred.**—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. **Power to make rules.**—(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. **Laying of rules before Parliament.**—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. **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. 



##THE SCHEDULE 

[See section 2(l) and (m)] 

**Section 			Description of offence**
**I. Offences under the Indian Penal Code, 1860 (45 of 1860)**

120B  read  with 		Punishment of criminal conspiracy. 
any  offence in 
this Schedule 

255 					Counterfeiting Government stamp. 

257 					Making or selling instrument for counterfeiting Government stamp. 

258 					Sale of counterfeit Government stamp. 

259 					Having possession of counterfeit Government stamp. 

260 					Using as genuine a Government stamp known to be counterfeit. 

417 					Punishment for cheating. 

418 					Cheating with knowledge that wrongful loss may ensue to person whose interest 
    					offender is bound to protect. 

420 					Cheating and dishonestly inducing delivery of property. 

421 					Dishonest  or  fraudulent  removal  or  concealment  of  property  to  prevent 
   					distribution among creditors. 

422 					Dishonestly or fraudulently preventing debt being available for creditors. 

423 					Dishonest or fraudulent execution of deed of transfer containing false statement 
   					of consideration. 

424 					Dishonest or fraudulent removal or concealment of property. 

467 					Forgery of valuable security, will, etc. 

471 					Using as genuine a forged [document or electronic record]. 

472 					Making  or  possessing  counterfeit  seal,  etc.,  with  intent  to  commit  forgery 
    					punishable under section 467.

473 					Making or possessing counterfeit seal, etc., intent to commit forgery punishable 
   					otherwise. 

475 					Counterfeiting  device  or  mark  used  for  authenticating  documents  described  in 
    					section 467, or possessing counterfeit marked material. 

476 					Counterfeiting device or mark used for authenticating documents other than those 
described in section 467, or possessing counterfeit marked material. 

481 					Using a false property mark. 482 Punishment for using a false property mark. 

483 					Counterfeiting a property mark used by another. 

484 					Counterfeiting a mark used by a public servant. 

485 					Making or possession of any instrument for counterfeiting a property mark. 

486 					Selling goods marked with a counterfeit property mark. 

487 					Making a false mark upon any receptacle containing goods. 

488 					Punishment for making use of any such false mark. 

489A 				Counterfeiting currency notes or bank notes. 

489B 				Using as genuine, forged or counterfeit currency notes or bank notes. 

**II. Offences under the Negotiable Instruments Act, 1881 (26 of 1881)**

138 					Dishonour of cheque for insufficiency, etc., of funds in the account. 

**III. Offences under the Reserve Bank of India Act, 1934 (2 of 1934)**

58B 				Penalties. 

**IV. Offences under the Central Excise Act, 1944 (1 of 1944)**

Section 9 			Offences and Penalties. 

**V. Offences under the Customs Act, 1962 (52 of 1962)**

135 					Evasion of duty or prohibitions.

**VI. Offences under the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988)**

3 					Prohibition of *benami* transactions. 

**VII. Offences under the Prevention of Corruption Act, 1988 (49 of 1988)**

7 					Public servant taking gratification other than legal remuneration in respect of an 
  					official act. 

8 					Taking  gratification  in  order,  by  corrupt  or  illegal  means,  to  influence  public 
  					servant. 

9 					Taking gratification for exercise of personal influence with public servant. 

10 					Punishment  for  abetment  by  public  servant  of  offences  defined  in  section  8  or 
 					section 9 of the Prevention of Corruption Act, 1988.

13 					Criminal misconduct by a public servant.

**VIII. Offences under the Securities and Exchange Board of India Act, 1992 (15 of 1992)**

12A read with 			Prohibition of manipulative and deceptive devices, insider trading and substantial 
section 24 			acquisition of securities or control. 

24 					Offences for contravention of the provisions of the Act.

**IX. Offences under the Prevention of Money-laundering Act, 2002 (15 of 2003)**

3 					Offence of money-laundering.

4 					Punishment for money-laundering.

**X. Offences under the Limited Liability Partnership Act, 2008 (6 of 2009)**

Sub-section (2) of 		Carrying  on business  with intent  or  purpose to  defraud  creditors of  the  Limited 
section 30 			Liability Partnership or any other person or for any other fraudulent purpose. 

**XI. Offences under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010)**

34 					Penalty for article or currency or security obtained in contravention of section 10. 

35 					Punishment for contravention of any provision of the Act. 

**XII. Offences under the Companies Act, 2013 (18 of 2013)**

Sub-section (4) of 		Offer or invitation for subscription of securities on private placement. 
section  42  of  the 
Companies  Act, 
2013  read  with 
section  24  of  the 
Securities and 
Exchange  Board 
of India  Act, 
1992 
(15 of 1992) 

74 					Repayment  of  deposits,  etc.,  accepted  before  commencement  of  the  Companies 
 					Act, 2013. 

76A 				Punishment for contravention of section 73 or section 76 of the Companies Act, 
 					2013. 

Second proviso to 		Carrying on business of a company for a fraudulent or unlawful purpose.
sub-section (4) of 
section 206 

Clause (b) of 			Conducting  the  business  of  a  company  with  intent  to  defraud  its  creditors, 
section 213 			members or any other persons or otherwise for a fraudulent or unlawful purpose, 
 					or in a manner oppressive to any of its members or that the company was formed 
 					for any fraudulent or unlawful purpose. 


447 					Punishment for fraud. 

452 					Punishment for wrongful withholding of property. 

**XIII. Offences under the Black Money (Undisclosed Foreign Income and Assets) and Imposition 
of Tax Act, 2015 (22 of 2015)**

51 					Punishment for wilful attempt to evade tax. 

**XIV. Offences under the Insolvency and Bankruptcy Code, 2016 (31 of 2016)**

69 					Punishment for transactions defrauding creditors.

**XV. Offences under the Central Goods and Services Tax Act, 2017 (12 of 2017)**

Sub-section (5) of 		Punishment for certain offences. 
section 132 