 bill no 64 of 1980 the smugglers and foreign exchange manipulators (forfeiture of property) amendment bill, 1980 a billto amend the smugglers and foreign exchange manipulators (fcji1'feiture of property) act, 1976 be it cn~ctcd by parliament in the thirty-first ycar of thc republic of india as follows:-1 (1) this act may be called the smugglers and foreign exchange mrnipulators (forfeiture of property) amendment act, 1980 short titll! ilnd cold-mence menl 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 iu section 12 of the smugglers and foreign exchange manipulators (f'orfeiture of property) act, 1976 (hereinafter referred to as the principal act) ,-amendmentof section 1201 act!a of 1978 10 (a) after sulhlection (6), the following sub-section shall be inserted, namely:-"(6a) notwithstanding anything contained in wb-section (6), where the chairman c:gd8iders it necessary so to do for the e'cpeditious dispoia1 of appeals under this section, he may 15 ccmstitute a bench of two members and a bench so constituted may exercise and discharge the powen add fwaetions 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 or points on which they differ and refer the same to a third mem-s ber (to be specified by the chairman) for hearing on such point or points and such point or points shall be decided aceording to the opinion of that member"; (b) after sub-section (7), the following sub-section shall be inserted, namely: -10 "(8) on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the tribunal and obtain a certified copy of any 15 part thereof" 3 in section 26 of the principal act, in sub-section (2), after clause (a), the following clause shall be inserted, namely:-amend me'nt of metion 28 "(aa) the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining a 20 certified copy of any part thereof under sub-6ection (8) of section 12;"  statement of objects and reasons sub-section (6) of section 12 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 provides that the chairman of the appellate tribunal under that section may constitute benches consisting of three members for hearing appeals under the act as only a three-member tribunal has been constituted under the section, in the day-to-day working of the tribunal it has been found that when one member avails himself of leave on ground of illness etc, the tribunal is not able to function it is, therefore, proposed to amend this section tf) provide for constitution of benches consisting of two mem· bers and to make a suitable provision fol" resolving differences which may occur on any point or points between such members while disposing 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 aet would be suitably amplified so as to spell out expressly that the power thereunder to make rules includes the power to provide for fees for the inspection of records and the registers of the appellnte tribunal or for obtaining certified copies of any part i,hereof 3 the bill seeks to achieve the above objects new delhi; r venkataraman the 8th march, 1980 qause 3 of the bid seed to ad;ledd su1>aect1on (2) at section 28 or the smugglers and foreign exchange manipulators (!'orfejture of property) act, 11176 to insert a new clause (aa) therein 1lle new clauae 1s for providing tbat rules may be made under the section with re8j¥!et to the fees which shad be paid for the inspection of the records and the registers of the appellate tribunal or for obtaining a certified copy of any part rthereot unaer sub-section (8) of section 12 this pertam, to a matter of detail hence tbe delegation of legislative power is of a normal character  extracts from tile smugglers and foreign exchange manipulatoii8 (forfeiture ot' property) act, 1976(13 of 1976)   12 (1)   - condi: tution of~ latetl'l bunal (6) the (lowers and functions o( the appellate tribunal may be exercised and discharged by benches consisting of three members and constituted by the chairman 01 the appellate tribunal (7) the appellate tribunal may regulate its own procedure  -   - 26 (1) the central government may, by notification in the official gazette, make rules to carry (jut the provisions of this act (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the followin, matters, namely:-(a) the terms and conditions of service of the ch;:lit1l'jan and ~ ~ 'of the appellate tribunal under sub-section (~) of section 12;     1\ bill l " , to amend the smugglers and foreign exchange manipulaton (j'orfeit;ure of property) act, 1976 (shri r venkataraman, minuter of fincznce) 