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Core Purpose

Notification allocating areas of jurisdiction among Competent Authorities and Administrators under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and the Narcotic Drugs and Psychotropic Substances Act, 1985, superseding an earlier 2008 notification.

Detailed Summary

Ministry of Finance, Department of Revenue, Competent Authority Cell notification No. 03 of 2023, G.S.R. 570(E) dated 31st July 2023, issued under section 5 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) read with sub-section (1) of section 68D and section 68G of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), supersedes notification No. 01, G.S.R. 85(E) dated 13th February 2008. It allocates jurisdiction among four Competent Authority & Administrator offices: Kolkata, covering Arunachal Pradesh, Assam, Manipur, Mizoram, Meghalaya, Nagaland, Odisha, Sikkim, Tripura, West Bengal, Bihar, Jharkhand and the Union Territory of Andaman & Nicobar Islands; Chennai, covering Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana and the Union Territories of Puducherry and Lakshadweep; Delhi, covering Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand and the Union Territories of Chandigarh, Delhi, Jammu and Kashmir and Ladakh; and Mumbai, covering Gujarat, Goa, Maharashtra, Madhya Pradesh, Chhattisgarh and the Union Territories of Dadra and Nagar Haveli and Daman and Diu. Jurisdiction is determined by the address or residence of the detenue or person charged, with specific rules for cases involving multiple addresses, no Indian address, or persons convicted abroad of an offence similar to one under the Narcotic Drugs and Psychotropic Substances Act, 1985 punishable with five years' imprisonment or more. Signed by Manoj Kumar Singh, Director (Hq.), File No. A-50050/76/2023-CA Cell.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 448] NEW DELHI, MON DAY, JULY 31, 2023/ SHRAVANA 9, 1945 CG-DL-E-31072023-247728 MINISTRY OF FINANCE (Department of Revenue ) (COMPETENT AUTHORITY CELL ) NOTIFICATION New Delhi , the 31st July, 2023 No. 03 of 2023 G.S.R . 570(E).—In exercise of the power conferred by section 5 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of property) Act, 1976 (13 of 1976) read with sub -section (1) of section 68D and section 68G of the Narcotic Drugs and Psychotropic Substances Act,1985 (61 of 1985) and in supersession of the notification number 01 G.S.R, 85 ( E), dated the 13th February, 2008, Ministry of Finance, Department of Revenue, published in Part II, Section 3, Sub -section (i) of the Gazette of I ndia, Extraordinary, except as respects things done or omitted to be done before such supersession, the Central Government is pleased to allocate the following areas of jurisdiction among the Competent Authority & Administrators for the purpose of the said two Acts: - Sl. No. Name of the Competent Authority & Administrator Jurisdiction 1. Competent Authority & Administrator, Kolkata States of Arunachal Pradesh, Assam, Manipur, Mizoram, Meghalaya, Nagaland, Odisha, Sikkim, Tripura, West Bengal, Bihar, Jharkhand and Union Territory of Andaman & Nicobar Islands 2. Competent Authority & Administrator, Chennai States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana and Union Territories of Puducherry and Lakshadweep 3. Competent Authority & Administrator, Delhi States of Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand and Union Territories of Chandigarh, Delhi, Jammu and Kashmir and Ladakh 4. Competent Authority & Administrator, Mumbai States of Gujarat, Goa, Maharashtra, Madhya Pradesh, Chhattisgarh and Union Territories of Dadra and Nagar Haveli and Daman and Diu Note : The area of jurisdiction of the Competent Authority & Administrators shall be on the basis of the address or residence of the detenue of t he person against whom detention order has been issued or the person who has been charged under the relevant Acts. If there is more than one address or place of residence, the Competent Authority & Administrator in whose jurisdiction the sponsoring or inve stigation agency is located, shall have the jurisdiction. In case of persons who do not have any address or place of residence in India, the Competent Authority & Administrator in whose area of jurisdiction the person is detained or charged, shall have the jurisdiction. In respect of a person convicted by a competent court of criminal jurisdiction outside India for an offence similar to an offence punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 with imprisonment for a term of five years or more, the Competent Authority & Administrator who shall have jurisdiction shall be the competent authority in whose area of jurisdiction the illegally acquired property is located or the Competent Authority & Administrator, who has been authorized by the Central Government by an order. [F. No. A -50050/76/2023 -CA Cell] MANOJ KUMAR SINGH , Director (Hq .) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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