i \ i,  blu n 'l6 f 1,1 ,rhe smugglers and foreign exchange manipulators (forfeiture of property) amendment bill, 1879 abill i to amend the smugglers and foreign exchange manipulator, (forfeiture of property) act, 1976 be it enacted by parliament in the thirtieth year of the republic of india as follows:-1 (1) this act may be called the smugglen and foreiid ~ manipulators (forfeiture of property) amendment act, 1979, , short title ~-eommibc!tment (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint z in section 12 of the smugglers and foreign exchange manipulaton (forfeiture of property) act, 1978 (hereinafter referred to  the principal act),-10 amend·  , of iecuaa 12 of act ii ot it7e (a) after 8ub-legtion (6), the following lub-lectionhall be inserted, namely:- is ii (6a, notwithstanding anything contained in aub-lecuon (6), where the chairman considers it necessary 10 to do for the expeditious disposal of appeals under this section, he may constitute a bench of two members and a bench 10 c:onstituted may exercise and discharge the powers and function of the appellate tribunal: -'-provided that if the members of a bench so constituted differ on any point or points, they shall state the point of points on which they difter 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 5 the opinion of that member";  (b) after sub-section (7), the following sub-section shall be inserted, namely:-"(8) on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to 10 any appeal or any person authorised in this behalf by such party to inspect at any time during offic~ hours, any relevant records "and registers of the tribunal and obtain a certified copy of any part thereof," 3 in section 26 of the principal act, in sub-section (2);, after clause j sr (0), the following clause shall be inserted, namely:-amendment of section 26 "(00) the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining a certified copy of any part thereof under sub-section (8) of section   ir'" " h, , " l' i' s~tion (6) of 'sectidil12' 1)f the smugglers and foreiglf' bxtilange 'manipulaten' '(farfeiture- 'fji' ppope~y) act,l9t8 pi'ovtdes,thlitthetjtafr-,man-of tile' appeuate'tribunal ,under tklat section' may constitute beb1ehies col'urh;trtg of three"members_ he'liringappeats ut\der ·th'e 'act;· as only,ai,three-membertribunal' has' beenco'ftlltftotedim4er ttye _tldn in 1the"6ayl1ooday,'working of the trfbunarlft"hb!beeti foundtm1!\lfhen w;'member avaib·himself ofileave'tm' groul'ld ~frtlln_ ete; the" 1'11-b\mal is notable' to functien " it is,therefol'e; pmpbled:' to' aihrd twis section to provide for constitution of benches consisttnr' ot't'wtj'dltiiilbers and to make a suitable provision for resolving dift'erences which may occur on any point or points between such members while displ)sing of an appeal 2 it is also proposed to avail of the present opportunity to implement the assurance given to the lok sabha committee on subordinate legislation [vide tenth report of the committee on subordinate legislation (sixth lok sabha) pages 14 to 15] to the effect that the rule-making provision in the act would be suitably amplified so as to, spell out expressly that the power thereunder to make nlles includes tht' power to provide for fees for the inspection of records and the registers of the appellate tribunal or for ob'taining certified copies of any part thereof 3 the bill seeks to achieve the above objects new delhi; zulfiquarulla the 9th may, 1979 €l  3 af the bill heka to amend 8ub~tion (2) of mcticm 28 of the· smugglers and foreian exchange manipulators (forfeiture of propany) act, 1976 to in8ert a new clause (a8) therein the dew clause ia tor providing that rules may be made under the aectlod with reapect to the  which shall be paid for the inspection of the reeords and the reptera of tbe appellate tribunal or for obtaining a cert1fted copy of any part ~reof under lub-eection (8) of aection 12 thia pertains to a matter of detail heace the delegation of legislative power ij of a aqfmal ch~actel'  annexure extracts from the smugglers and foreign exchange manipulators (forfeiture of property) acr, 1976(13 oj' 1978) - - - - - 12 (1) - - - - - (6) the powers and functions of the appellate tribunal may be exercised and dischargec by benches consisting of three members and constituted by the chairman of the appellate tribunal constitution of appellate tribunal (7) the appellate tribunal may regulate its own procedure       -                    -                                -                                            -                                                        -     26 (jt) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act power to make rules     (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, ·namely:-     (a) the terms and conditions of sefvic~, 0}  the c9~                                                                                  and othermen'tbers of the appellate tribunal under sub-section (s) of section 12;                                                           ·'1 '                                        -                                                        -                                                                        - , -a bill c:tt; rj_ci' ~1lsmui81rand foreign exchange maoipulatcq ~for(~itur~ of propertr) act, 19'1~ (shf'i zulfiqu4",ua, minister of stat i~ t~ ~i~tmv f>t nftclme·l 