POWERS & DUTIES OF OFFICERS AND EMPLOYEES UNDER SAFEM(FOP) A, 1976.:-

Under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, the powers of this office are as under:-

(i) Power to issue notice for forfeiture of properties under section 6 of the Act.

(ii) Power to forfeit properties under section 7 or 9(1) or 10 of the Act.

(iii) Power to impose fine in lieu of forfeiture under section 9 of the Act.

(iv) Power to take possession of property under section 19 of the Act.

(v) Power to cause enquiry through Department of Income Tax u/s.18 of the Act.

(vi) Powers of Civil Court u/s.15 of the Act in respect of the following matters:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court of office;

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

(f) any other matter which may be prescribed.

(vii) To collect information from State Government/Central Government/Local Authorities for the purpose of forfeiture u/s16.

(viii) Monitoring of appeal proceedings and also Writ matters

DUTIES:

(i) To ensure proper service of notice under section 6 of the Act

(ii) To provide opportunity for a hearing under section 7 of the Act.

(iii) To provide opportunity for a hearing under section 9 of the Act.

(iv) To defend any appeal against any order before the Appellate Tribunal, High Court or Supreme Court.

(v) To manage the properties under forfeiture till their disposal.

(vi) To dispose off the properties forfeited.

(vii) Any other function assigned by the Central Government.

POWER UNDER NDPS:

Under the Narcotic Drugs and Psychotropic Substances Act, 1985, the powers of this office are as under:-

(i) Power to confirm freezing/seizure of assets under Section 68F(2)

(ii) Power to issue notice for forfeiture of properties under section 68-H of the Act.

(iii) Power to forfeiture properties under section 68-I or 68K(1) or 68L of the Act.

(iv) Power to impose fine in lieu of forfeiture under section 68-K of the Act.

(v) Power to take possession of property under section 68-U of the Act.

(vi) Powers of a Civil Court u/s.68-R of the Act, in respect of the following matters:-

(a) summoning and enforcing the attendance of any person and examine him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court of office;

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

(f) any other mater which may be prescribed.

DUTIES UNDER THE NDPS:

(i) To ensure proper service of notice under section 68-H of the Act.

(ii) To provide opportunity for hearing under section 68-I of the Act.

(iii) To provide opportunity for hearing under section 68-K of the Act.

(iv) To defend any appeal against any order before the Appellate Tribunal, High Court or Supreme Court.

(v) To manage the properties under forfeiture till their disposal.

(vi) To dispose off the properties forfeited

(vii) Any other function assigned by the Central Government.