Govt Notifies Rules for Issuing Attachment Order on Property of Fugitive Economic Offenders [Read Notification]

The Central Government has issued a Notification stating the Rules to be followed while issuing Attachment Orders under the Fugitive Economic Offenders Ordinance, 2018.

Rule 3 of the Fugitive Economic Offenders (Issuance of Attachment Order) Rules, 2018, prescribe the manner in which attachment orders should be issued. According to it, the Director or the authorised officer can make an order of attachment only after the Special Court has granted permission for the same.

The copy of the attachment order so made should be endorsed to the fugitive economic offender, persons who may have interest in any of the property listed in the order including the persons in possession of the properties and the Special Court.

The manner of serving the attachment order has also been specified. It can be served in the following manner:

• by delivering or tendering the attachment order to the owner or person; or
• by delivering it to the person duly authorised by such owner or person, if it cannot be delivered to the owner or person; or
• by delivering it to any adult member in the family of such owner or person who is residing with him, if the owner or person is absent from his residence at the time of service: or
• If it cannot be served by any of the above manner 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.
• If it cannot be served in any of the above methods, then it can be served by publishing the order in a leading newspaper (both in vernacular and in English) having wide circulation in the 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.
• The attachment order may also be sent to the owner or person simultaneously by speed post with proof of delivery.
• Attachment Order on corporate bodies, societies and trust should be served to the Secretary, Local Manager or the Principal Officer of such bodies. Service can also be effected by sending a letter by speed post to the Chief Officer of such bodies in India.

These rules are made by the Central Government under Section 23(2)(a) of the Fugitive Economic Offenders Ordinance, 2018 (1 of 2018).