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Power of search, seizure, etc. UNSE: Vibhada Smigh &
Section 37 of the Act states that Ave vs nfeement Mereyaurdetng
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If any person violates or contravenes any rule, provision, order etc. which was
restricted or specifically mentioned not to do then the Director of Enforcement and
- other officers of Enforcement above the rank of an Assistant Director can only
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investigate.
etevdrs at
Through a notification the Central Government can authorise any officer or class of
officers in the CentralGovernment, State Government or the Reserve Bank, to
investigate any contravention.
Similar powers which are conferred on the Income-tax authorities under the lncome
tax Act, 1961 should be exercised by the officers and shall exercise such powers,
subject to such limitations laid down under that Act.
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202 -
Functions of Enforcement Directorate
The key functions of the Enforcement Directorate (ED) are as follows:
1- Investigate infringementsof theprovisions of FEMA that came into effect in 2000.
The violations of provisions of FEMA are dealt with by the designated authorities and
involve penalties up tothree times the sum involved.
2- The organisation also investigates offences under PMLA that came into force in
2005. If the crime is a Scheduled Offence, the concerned officers can confiscate the
property and prosecute the individual(s) involved in money laundering.
3-The directorate can adjudicate Show Cause Notices issued under the repealed
FERA 1973up to May 31, 2002, for the alleged contraventions of the Act that may
result in the imposition of penalties and further pursue prosecutions launched under
FERAin the concerned courts.
4- Under the Fugitive Economic Offenders Act, 2018, the ED processes cases of
fugitive(s) from India. The Act helps economic offenders from evading the process of
law in India by staying outside the jurisdiction of Indian Courts and preserving the
sanctity of the rule of law in India.
5-The ED put forth the cases of preventive detention under the Conservation of
Foreign Exchange and Prevention of Smuggling Activities Act, 1974(COFEPOSA)
concerning the contraventions of FEMA.
6- ED also renders cooperation to foreign countries in matters related to money
laundering and restitution of assets under the provisions of PMLAand seeks
cooperation in such matters.
