(Act
46 of 1973)
[As amended by the Foreign Exchange
Regulation
(Amendment) Act, 1993]
(Act 29 of 1993)
Custody of documents, etc.
41. Where in pursuance of an order made under sub-section
(2) of section 33 or of the provisions of section 34 or section 36 or
section 37 or of a requisition or summons under section 39 or section
40, any document is furnished or seized and any officer of Enforcement
has reason to believe that the said document would be evidence of the
contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder, and that it would be necessary to
retain the document in his custody, he may so retain the said document
for a period not exceeding six months or if, before the expiry of the
said period of six months, any proceedings -.(i) under section 51 have
been commenced, until the disposal of those proceedings, including the
proceedings, if any, before the Appellate Board and the High Court: or
(ii) under section 56 have been commenced before a court, until the
document has been filed in the court:
Provided that the aforesaid period of six months may, for reasons to
be recorded in writing, be extended by the Director of Enforcement for
a further period not exceeding six months.
Explanation - In computing the period during which a
document (hereafter in this Explanation referred to as the said
document) may be retained under this section, in any case where by
reason of an injunction or order of any court (whether such injunction
or order is in relation to the said document or is in relation to any
other document reference to which would be necessary for examining or
using the said document), -(a) the said document could not be examined
fully for the purpose of determining whether it would be evidence of
the contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder, or (b) the said document could not
be used for commencing any proceedings under section 51 or section 56,
or (c) the proceedings under section 51 or section 56 could not be
commenced, the time of the continuance of the injunction or order, the
day on which it was issued or made and the day on which it was
withdrawn, shall be excluded.
Encashment of cheque, draft, etc.
42. (1) Where -(i) an investigation is being made into any
alleged contravention of the provisions of section 13 or clause (a) of
sub-section (1) of section 18 or section 18A or clause (a) of
sub-section (1) of section 19, read with section 67;
or
(ii) an investigation is being made into any alleged contravention
of any other provision of this Act or of any rule, direction or order
made thereunder; or
(iii) any proceeding in respect of any such contravention as is
referred to in clause (i) or clause (ii) is pending before an officer
of Customs or an officer of Enforcement or a court, and any draft,
cheque (including traveller's cheque) or other instrument being the
subject matter of such investigation or proceeding is in the custody
of an officer of Customs or of an officer of Enforcement or of a
court, then, -(a) where such draft, cheque (including traveller's
cheque) or other instrument is in the custody of an officer of
Customs, the Collector of Customs; or
(b) where such draft, cheque (including traveller's cheque) or other
instrument is in the custody of an officer of Enforcement, the
Director of Enforcement;or
(c) where such draft, cheque (including traveller's cheque) or other
instrument is in the custody of a court, the court, on an application
made to it in this behalf by the Collector of Customs or, as the case
may be, by the Director of Enforcement, may, by order, direct that the
sum due under such draft, cheque (including traveller's cheque) or
other instrument be encashed either through the Reserve Bank or such
other agency as the Collector of Customs or the Director of
Enforcement or the court, as the case may be, deems fit.
(2) Any proceeds realised in pursuance of a direction under
sub-section (1) shall be kept in a separate account to be maintained
by the prescribed authority in the prescribed manner.
(3) Where a direction is made under section 63, or an order has been
made under the Customs Act, 1962 to confiscate any draft, cheque
(including traveller's cheque) or other instrument the proceeds of
which have been realised under sub-section (1), such proceeds shall
vest in the Central Government and in all other cases such proceeds
shall be paid to such person as may appear to the officer or the
court, who or which made the direction under sub-section (1), to be
entitled thereto in such currency and in such manner as he or it deems
just together with interest at the rate of six per cent per annum from
the date on which such draft, cheque (including traveller's cheque) or
other instrument came into his or its custody till the date of
payment:.Provided that nothing in this sub-section shall affect the
liability of any person, who may receive the whole or any part of the
proceeds, to pay the same to the person lawfully entitled thereto.
(4) Where any foreign currency, being the subject matter of any
investigation or proceeding referred to in sub-section (1), is in the
custody of an officer of Customs or of an officer of Enforcement or of
a court, the Collector of Customs, the Director of Enforcement or, as
the case may be, the court may, having regard to the security-risk
involved in such custody, direct that the foreign currency be
deposited in a bank in such manner as he or it may deem fit.
(5) Where any draft, cheque (including traveller's cheque) or other
instrument is to be encashed under sub-section (1) or any foreign
currency is to be deposited in a bank under sub-section (4), the
Collector of Customs, the Director of Enforcement or, as the case may
be, the court, may prepare or cause to be prepared an inventory of
such draft, cheque or other instrument or foreign currency containing
such details relating to its description, mark, numbers, country of
origin and other particulars as may appear to be relevant to its
identity in any proceeding under this Act and where the inventory is
prepared or caused to be prepared by the Collector or the Director,
the Collector or, as the case may be, the Director shall make an
application to a Magistrate for the purpose of -(a) certifying the
correctness of the inventory so prepared; or (b) taking, in the
presence of the Magistrate photographs of such draft, cheque, other
instrument or foreign currency, and certifying such photographs as
true.
(6) Where an application is made under sub-section (5), the
Magistrate shall, as soon as may be, allow the application.
Inspection
43. (1) Any officer of Enforcement not below the rank of an
Assistant Director of Enforcement specially authorised in writing by
the Director of Enforcement in this behalf, or any officer of the
Reserve Bank specially authorised in writing by the Reserve Bank in
this behalf, may inspect the books and accounts and other documents of
any authorised dealer.
(2) It shall be the duty of every authorised dealer and, where the
authorised dealer is a company or a firm, of every director, partner
or other officer of the authorised dealer to produce to any officer
making an inspection under sub-section (1) all such books, accounts
and other documents in his custody or power and to furnish him with
any statement or information relating to the affairs of the authorised
dealer as the said officer may require of him within such time as the
said officer may specify.
(3) Any officer making an inspection under sub-section (1) may
examine on oath any authorised dealer or his agent or, where the
authorised dealer is a company or a firm, any director, partner or
other officer of the authorised dealer in relation to its business.
(4) If any person fails to produce any book, account or other
document or to furnish any statement or information relating to the
authorised dealer which, under sub-section (2), it is his duty to
produce or furnish, or to answer any question relating to the business
of the authorised dealer which he is asked by an officer making an
inspection under this section, he shall be deemed to have contravened
the provisions of this Act.
(5) The provisions of this section shall, so far as may be, apply in
relation to a money-changer as they apply in relation to an authorised
dealer.
Prohibition of disclosure of documents or information except in
certain cases
44. (1) If the Director of Enforcement or any other officer
of Enforcement not below the rank of an Assistant Director of
Enforcement is of opinion that the contents of any documents which
have come into his possession or control during the course of any
investigation or proceeding under this Act would be useful for, or
relevant to, any proceeding which is in progress or may be started
under any other law for the time being in force, he may disclose such
document or any information contained therein as he thinks fit to an
officer duly authorised by or under such other law.
(2) If any officer of Enforcement, except in the discharge in good
faith of his duty as such officer in accordance with sub-section (1),
or in compliance with any requisition made under any law for the time
being in force, discloses any document or information obtained by him
in his official capacity, he shall be punishable with imprisonment for
a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
Power of police officers and other officers to enter, search,
etc.
45. (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, any police officer not below the rank of a
Deputy Superintendent of Police, or any other officer of the Central
Government or a State Government authorised by the Central Government
in this behalf may enter any public place and search and arrest
without warrant any person found therein who is reasonably suspected
of having committed or of committing or of being about to commit a
contravention of the provisions of sub-section (1) of section 8.
Explanation - For the purposes of this sub-section, the
expression "public place" includes any public conveyance,
any hotel, any shop or any other place intended for use by, or
accessible to, the public.
(2) Where any person is arrested under sub-section (1) by an officer
other than a police officer, such officer shall, without unnecessary
delay, take or send the person arrested before a magistrate having
jurisdiction in the case or before the officer-in-charge of a police
station.
(3) The provisions of the Code of Criminal Procedure, 1973, shall,
subject to the provisions of this section, apply, so far as may be, in
relation to any entry, search or arrest, made under this section.
(4) The provisions of this section shall have effect notwithstanding
anything inconsistent therewith contained in any other provision of
this Act.
Procedure in respect of foreign exchange or any other goods
seized by police officers
46. (1) Where any police officer seizes any foreign exchange
or any other goods which is alleged or suspected to have been stolen,
or which is found, in either case, under circumstances which create
suspicion of the commission of an offence under this Act, such police
officer shall forthwith report the seizure of -
(i) such foreign exchange to the nearest officer of Enforcement, not
below the rank of an Assistant Director of Enforcement; and
(ii) such other goods to the nearest officer of Customs, not below
the rank of an Assistant Collector of Customs..(2) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973, in every
case referred to in sub-section (1), the police officer shall,
immediately after the dismissal of the complaint or the conclusion of
the inquiry or trial, as the case may be, cause -
(i) such foreign exchange to be delivered to an officer of
Enforcement, not below the rank of an Assistant Director of
Enforcement; and
(ii) such other goods to be conveyed to an officer of Customs, not
below the rank of an Assistant Collector of Customs.
Contracts in evasion of the Act
47. (1) No person shall enter into any contract or agreement
which would directly or indirectly evade or avoid in any way the
operation of any provision of this Act or of any rule, direction or
order made thereunder.
(2) Any provision of, or having effect under, this Act that a thing
shall not be done without the permission of the Central Government or
the Reserve Bank, shall not render invalid any agreement by any person
to do that thing, if it is a term of the agreement that that thing
shall not be done unless permission is granted by the Central
Government or the Reserve Bank, as the case may be; and it shall be an
implied term of every contract governed by the law of any part of
India that anything agreed to be done by any term of that contract
which is prohibited to be done by or under any of the provisions of
this Act except with the permission of the Central Government or the
Reserve Bank, shall not be done unless such permission is granted.
(3) Neither the provisions of this Act nor any term (whether express
or implied) contained in any contract that anything for which the
permission of the Central Government or the Reserve Bank is required
by the said provisions shall not be done without that permission,
shall prevent legal proceedings being brought in India to recover any
sum which, apart from the said provisions and any such term, would be
due, whether as debt, damages or otherwise, but -
(a) the said provisions shall apply to sums required to be paid by
any judgement or order of any court as they apply in relation to other
sums;
(b) no steps shall be taken for the purpose of enforcing any
judgement or order for the payment of any sum to which the said
provisions apply except as respects so much thereof as the Central
Government or the Reserve Bank, as the case may be, may permit to be
paid; and
(c) for the purpose of considering whether or not to grant such
permission, the Central Government or the Reserve Bank, as the case
may be, may require the person entitled to the benefit of the
judgement or order and the debtor under the judgement or order, to
produce such documents and to give such information as may be
specified in the requisition.
(4) Notwithstanding anything contained in the Negotiable Instruments
Act, 1881, neither the provisions of this Act or of any rule,
direction or order made thereunder, nor any condition, whether
expressed or to be implied having regard to those provisions, that any
payment shall not be made without permission under this Act, shall be
deemed to prevent any instrument being a bill of exchange or
promissory note.
False statements
48. No person shall, when complying with any direction or
order under section 33 or with any requirement under section 43 or
when making any application or declaration to any authority or person
for any purpose under this Act, give any information or make any
statement which he knows or has reasonable cause to believe to be
false, or not true, in any material particular.
Failure to comply with conditions subject to which permissions
or licences have been given or granted under the Act to becontravention
of the provisions of the Act
49. Where under any provision of this Act any permission or
licence has been givenor granted to any person subject to any
conditions and-
(i) such person fails to comply with all or any of such conditions;
or
(ii) any other person abets such person in not complying with all or
any of such conditions, then, for the purposes of this Act, -
(a) in a case referred to in clause (i), such person shall be deemed
to have contravened such provision;
and
(b) in a case referred to in clause (ii), such other person shall be
deemed to have abetted the contravention of such provision.
Penalty
50. If any person contravenes any of the provisions of this
Act [other than section 13, clause (a) of sub-section (1) of section
18, section 18A and clause (a) of sub-section (1) of section 19] or of
any rule, direction or order made thereunder, he shall be liable to
such penalty not exceeding five times the amount or value involved in
any such contravention or five thousand rupees, whichever is more, as
may be adjudged by the Director of Enforcement or any other officer of
Enforcement not below the rank of an Assistant Director of Enforcement
specially empowered in this behalf by order of the Central Government
(in either case hereinafter referred to as the adjudicating officer).
Power to adjudicate
51. For the purpose of adjudging under section 50 whether
any person has committed a contravention of any of the provisions of
this Act (other than those referred to in that section) or of any
rule, direction or order made thereunder, the adjudicating officer
shall hold an inquiry in the prescribed manner after giving that
person a reasonable opportunity for making a representation in the
matter and if, on such inquiry, he is satisfied that the person has
committed the contravention, he may impose such penalty as he thinks
fit in accordance with the provisions of that section.
Appeal to Appellate Board
52. (1) The Central Government may, by notification in the
Official Gazette, constitute an Appellate Board to be called the
Foreign Exchange Regulation Appellate Board consisting of a Chairman
[being a person who has for at least ten years held a civil judicial
post or who has been a member of the Central Legal Service (not below
Grade I) for at least three years or who has been in practice as an
advocate for at least ten years] and such number of other members, not
exceeding four, to be appointed by the Central Government for hearing
appeals against the orders of the adjudicating officer made under
section 51.
(2) Any person aggrieved by such order may, on payment of such fee
as may be prescribed and after depositing the sum imposed by way of
penalty under section 50 and within forty-five days from the date on
which the order is served on the person committing the contravention,
prefer an appeal to the Appellate Board:
Provided that the Appellate Board may entertain any appeal after the
expiry of the said period of forty-five days, but not after ninety
days, from the date aforesaid if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time:
Provided further that where the Appellate Board is of opinion that
the deposit to be made will cause undue hardship to the appellant, it
may, in its own discretion, dispense with such a deposit either
unconditionally or subject to such conditions as it may deem fit..(3)
On receipt of an appeal under sub-section (2), the Appellate Board
may, after making such further inquiry as it deems fit, confirm,
modify or set aside the order appealed against and the decision of the
Appellate Board shall, subject to the provisions of section 54, be
final and if the sum deposited by way of penalty under sub-section (2)
exceeds the amount directed to be paid by the Appellate Board, the
excess amount shall be refunded.
(4) The Appellate Board may, for the purpose of examining the
legality, propriety or correctness of any order made by the
adjudicating officer under section 50 read with section 51 in relation
to any proceeding, on its own motion or otherwise, call for the
records of such proceeding and make such order in the case as it
thinks fit.
(5) No order of the adjudicating officer made under section 50 read
with section 51 shall be varied by the Appellate Board so as to
prejudicially affect any person without giving such person a
reasonable opportunity for making a representation in the matter; and
subject thereto, the Appellate Board shall follow such procedure, in
respect of the proceedings before it,as may be prescribed.
(6) The powers and functions of the Appellate Board may be exercised
and discharged by Benches consisting of two members and constituted by
the Chairman of the Appellate Board:
Provided that if the members of the Bench differ on any point or
points, they shall state the point or points on which they differ and
refer the same to a third member (to be specified by the Chairman) for
hearing on such point or points and such point or points shall be
decided according to the opinion of that member:
Provided further that it shall be competent for the Chairman or any
other member of the Appellate Board authorised by the Chairman in this
behalf to exercise the powers and discharge the functions of the
Appellate Board in respect of any appeal against an order imposing a
penalty of an amount not exceeding Rupees two lakhs and fifty
thousand.
Powers of the adjudicating officer and the Appellate Board to
summon witnesses, etc.
53. (1) Without prejudice to any other provision contained
in this Act, the adjudicating officer and the Appellate Board shall
have all the powers of a civil court under the Code of Civil
Procedure, 1908 while trying a suit, in respect of the following
matters, namely:-(a) summoning and enforcing the attendance of
witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court
or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) The adjudicating officer or the Appellate Board while exercising
any powers under this Act shall be deemed to be a civil court for the
purposes of sections 345 and 346 of the Code of Criminal
Procedure,1973.
Appeal to High Court
54. An appeal shall lie to the High Court only on questions
of law from any decision or order of the Appellate Board under
sub-section (3) or sub-section (4) of section 52:
Provided that the High Court shall not entertain any appeal under
this section if it is filed after the expiry of sixty days of the date
of communication of the decision or order of the Appellate Board,
unless the High Court is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
Explanation - In this section and in section 55, "High Court"
means -(i) the High Court within the jurisdiction of which the
aggrieved party ordinarily resides or carries on business or
personally works for gain; and (ii) where the Central Government is
the aggrieved party, the High Court within the jurisdiction of which
the respondent, or in a case where there are more than one respondent,
any of the respondents, ordinarily resides or carries on business or
personally works for gain.
Continuance of proceeding in the event of death or insolvency
55. (1) Where -(i) a penalty has been imposed under section
50 read with section 51 by the adjudicating officer on any person and
no appeal against the order imposing such penalty has been preferred
to the Appellate Board;or
(ii) any such appeal has been preferred to the Appellate Board, and
-(a) in a case referred to in clause (i), such person dies or is
adjudicated an.insolvent before preferring an appeal to the Appellate
Board; or
(b) in a case referred to in clause (ii), such person dies or is
adjudicated an insolvent during the pendency of the appeal, then, it
shall be lawful for the legal representatives of such person, or the
official assignee or the official receiver, as the case may be, to
prefer an appeal to the Appellate Board, or as the case may be, to
continue the appeal before the Appellate Board, in place of such
person and the provisions of section 52 shall, so far as may be, apply
or continue to apply to such appeal.
(2) Where -(i) after the passing of a decision or order by the
Appellate Board, no appeal has been preferred to the High Court under
section 54; or
(ii) any such appeal has been preferred to the High Court, and -(a)
in a case referred to in clause (i), the person entitled to file the
appeal dies or is adjudicated an insolvent before preferring an appeal
to the High Court; or (b) in a case referred to in clause (ii), the
person who had filed the appeal dies or is adjudicated an insolvent
during the pendency of the appeal before the High Court, then, it
shall be lawful for the legal representatives of such person, or the
official assignee or the official receiver, as the case may be, to
prefer an appeal to the High Court or to continue the appeal before
the High Court in place of such person and the provisions of section
54 shall, so far as may be, apply or continue to apply to such appeal.
(3) The powers of the official assignee or the official receiver
under sub-section (1) or sub-section (2) shall be exercised by him
subject to the provisions of the Presidency-towns Insolvency Act,
1909, or the Provincial Insolvency Act, 1920, as the case may be.
Offences and prosecutions
56. (1) Without prejudice to any award of penalty by the
adjudicating officer under this Act, if any person contravenes any of
the provisions of this Act [other than section 13, clause (a) of
sub-section (1) of section 18, section 18A clause (a) of sub-section
(1) of section 19, sub-section (2) of section 44 and sections 57 and
58], or of any rule, direction or order made thereunder, he shall,
upon conviction by a court, be punishable, -(i) in the case of an
offence the amount or value involved in which exceeds one lakh of
rupees, with imprisonment for a term which shall not be less than six
months, but which may extend to seven years and with fine:
Provided that the court may, for any adequate and special reasons to
be mentioned in the judgement, impose a sentence of imprisonment for a
term of less than six months; (ii) in any other case, with
imprisonment for a term which may extend to three years or with fine
or with both.
(2) If any person convicted of an offence under this Act [not being
an offence under section 13 or clause (a) of sub-section (1) of
section 18 or section 18A or clause (a) of sub-section (1) of section
19 or sub/section (2) of section 44 or section 57 or section 58] is
again convicted of an offence under this Act [not being an offence
under section 13 or clause (a) of sub-section (1) of section 18 or
section 18A or clause (a) of sub-section (1) of section 19 or
sub-section (2) of section 44 or section 57 or section 58], he shall
be punishable for the second and for every subsequent offence with
imprisonment for a term which shall not be less than six months but
which may extend to seven years and with fine:
Provided that the court may, for any adequate and special reasons to
be mentioned in the judgement, impose a sentence of imprisonment for a
term of less than six months.
(3) Where a person having been convicted of an offence under this
Act [not being an offence under section 13 or clause (a) of
sub-section (1) of section 18 or section 18A or clause
(a) of sub-section (1) of section 19 or sub-section (2) of section
44 or section 57 or section 58] is again convicted of an offence under
this Act [not being an offence under section 13 or clause (a) of
sub-section (1) of section 18 or section 18A or clause (a) of
sub-section (1) of section 19 or sub-section (2) of section 44 or
section 57 or section 58], the court by which such person is convicted
may, in addition to any sentence which may be imposed on him under
this section, by order, direct that that person shall not carry on
such business as the court may specify, being a business which is
likely to facilitate the commission of such offence, for such period
not exceeding three years, as may be specified by the court in the
order.
(4) For the purposes of sub-sections (1) and (2), the following
shall not be considered as adequate and special reasons for awarding a
sentence of imprisonment for a term of less than six months,
namely:-.(i) the fact that the accused has been convicted for the
first time of an offence under this Act;
(ii) the fact that in any proceeding under this Act, other than a
prosecution, the accused has been ordered to pay a penalty or the
goods in relation to such proceedings have been ordered to be
confiscated or any other penal action has been taken against him for
the same offence;
(iii) the fact that the accused was not the principal offender and
was acting merely as a carrier of goods or otherwise was a secondary
party in the commission of the offence;
(iv) the age of the accused.
(5) For the purposes of sub-sections (1) and (2), the fact that an
offence under this Act has caused no substantial harm to the general
public or to any individual shall be an adequate and special reason
for awarding a sentence of imprisonment for a term of less than six
months.
(6) Nothing in the proviso to section 188 of the Code of Criminal
Procedure, 1973, shall apply to any offence punishable under this
section.
Penalty for contravention of order made by adjudicating officer,
Appellate Board and High Court
57. If any person fails to pay the penalty imposed by the
adjudicating officer or the Appellate Board or the High Court or fails
to comply with any of his or its directions or orders, he shall, upon
conviction by a court, be punishable with imprisonment for a term
which may extend to two years or with fine or with both.
Vexatious search etc., by officers of Enforcement
58. (1) Any officer of Enforcement exercising powers under
this Act or any rule made thereunder who, -
(a) without reasonable ground of suspicion, searches or causes to be
searched any place, premises, aircraft, vehicle or vessel; or
(b) vexatiously detains or searches or arrests any person,.shall,
for every such offence, upon conviction by a court, be punishable with
imprisonment for a term which may extend to two years or with fine
which may extend to ten thousand rupees or with both.
(2) Any person wilfully and maliciously giving false information and
so causing an arrest or a search to be made under this Act shall, upon
conviction by a court, be punishable with imprisonment for a term
which may extend to two years or with fine which may extend to ten
thousand rupees or with both.
Presumption of culpable mental state
59. (1) In any prosecution for any offence under this Act
which requires a culpable mental state on the part of the accused, the
court shall presume the existence of such mental state but it shall be
a defence for the accused to prove the fact that he had no such mental
state with respect to the act charged as an offence in that
prosecution.
Explanation - In this section, "culpable mental state"
includes intention, motive, knowledge of a fact and belief in, or
reason to believe, a fact.
(2) For the purposes of this section, a fact is said to be proved
only when the court believes it to exist beyond reasonable doubt and
not merely when its existence is established by a preponderance of
probability.
(3) The provisions of this section shall, so far as may be, apply in
relation to any proceeding before an adjudicating officer as they
apply in relation to any prosecution for an offence under this Act.
Power to tender immunity from prosecution
60. (1) The Central Government may, if it is of opinion (the
reasons for such opinion being recorded in writing) that with a view
to obtaining the evidence of any person appearing tohave been directly
or indirectly concerned in or privy to the contravention of any of the
provisions of this Act or of any rule, direction or order made
thereunder, it is necessary or expedient so to do, tender to such
person immunity from prosecution for any offence under this Act or
under the Indian Penal Code, or under any other Central Act for the
time being in force and also from the imposition of any penalty under
this Act on condition of his making a full and true disclosure of the
whole circumstances relating to such contravention.
(2) A tender of immunity made to, and accepted by, the person
concerned, shall, to the extent to which the immunity extends, render
him immune from prosecution for any offence in respect of which tender
was made or from the imposition of any penalty under this Act..(3) If
it appears to the Central Government that any person to whom immunity
has been tendered under this section has not complied with the
condition on which the tender was made or is wilfully concealing
anything or is giving false evidence, the Central Government may
record a finding to that effect, and thereupon the immunity shall be
deemed to have been withdrawn and such person may be tried for the
offence in respect of which the tender of immunity was made or for any
other offence of which he appears to have been guilty in connection
with the same matter and shall also become liable to the imposition of
any penalty under this Act to which he would otherwise have been
liable.
