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Section 3: Issuance of attachment order

The Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018.Central Rules · 2018

(1) The Director or any authorised officer who makes an order for attachment of property under sub-section (1) or who provisionally attaches any property under sub-section(2), of section 5 of the Act shall endorse a copy of the attachment order to the fugitive economic offender and to persons who may have interest in any of the property listed in the attachment order including the persons in possession of the properties and a copy shall also be addressed to the Special Court.

(2) The service of attachment order shall be done in the following manner, namely:—

(a) by delivering or tendering the attachment order to the owner or person or to the person duly authorised by such owner or person; or

(b) if the owner or person is absent from his residence at the time when service of the attachment order is being effected on him and there is no likelihood of his being found at the residence within a reasonable time and he has not duly authorised any person to accept the service on his behalf, service may be made on any adult member in the family of such owner or person who is residing with him; or

(c) if the service cannot be effected as provided in clauses (a) and (b), the serving officer shall affix one of the duplicate of the attachment order at some conspicuous part of the premises in which the person or owner resides or is known to have last resided or carried on business or personally works or has worked for gain and that the written report thereof shall be witnessed by two persons.

(3) If the service cannot be effected under sub-rule (2), then the attachment order shall be published in a leading newspaper (both in vernacular and in English) having wide circulation in the 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] area or jurisdiction in which the person resides or is known to have last resided or carried on business or personally works or last worked for gain.

(4) Notwithstanding anything contained in this rule, the attachment order may be sent to the owner or person simultaneously by speed post with proof of delivery at the address of his place of residence or his last known place of residence or the place where he carried on, or last carried on, business or personally works or last worked for gain.

Where this provision sits

ActThe Fugitive Economic Offenders (Manner of Attachment of Property) Rules, 2018.
Section3
Marginal noteIssuance of attachment order
JurisdictionCentral
StatusIn force as published by the source

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