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Currency and Exchanges Act, 1933 (Act 9 of 1933)

Regulations

Exchange Control Regulations, 1961

22C. Recovery of certain amounts by treasury

 

(1) When the Treasury has, under regulation 22B, forfeited to the State money or goods referred to in paragraph (a), (b) or (c) of regulation 22A(1) and such money and the proceeds of the realisation of such goods, if any, are less than an amount equal to an amount—
(a) in respect of which a contravention or failure or act or omission referred to in subparagraph (i) of regulation 22A(1)(a) has been committed;
(b) which was involved in a contravention or failure or act or omission referred to in subparagraph (ii)(aa) of that regulation;
(c) which has been obtained by any person or is due to him as referred to in subparagraph (ii)(bb) of that regulation;
(d) by which any person has been benefited or enriched as referred to in subparagraph (ii)(cc) of that regulation,

or when no money or goods have been forfeited for the State under the said regulation 22B, the Treasury may recover an amount equal to the difference between the last-mentioned amount and the first-mentioned amount of money and proceeds or an amount equal to the last-mentioned amount, as the case may be—

(i) from the person who committed the contravention or failure or act or omission in question;
(ii) from the person who the Treasury on reasonable grounds suspects to have committed the contravention or failure or act or omission in question;
(iii) from the person benefited or enriched as a result of the contravention or failure or act or omission in question;
(iv) if more persons have committed the contravention or failure or act or omission in question or if the Treasury on reasonable grounds suspects that more persons have committed any such contravention or failure or act or omission or if more persons have been benefited or enriched as a result of the contravention or failure or act or omission in question, separately and jointly from those persons,

by attaching in such manner as it may deem fit any other money, including money in a blocked account referred to in regulation 4, or other goods of the person or persons concerned.

 

(2) The Treasury may, if it on reasonable grounds suspects that it will be necessary in due course to recover under subregulation (1) any amount from the person or persons concerned, at any time on or after the date on which money or goods referred to in paragraph (a) of regulation 22A(1) have or could have been attached, issue or make an order in such manner as it may deem fit in or by which any person is prohibited—
(a) to withdraw or cause to be withdrawn any money held in any account or not more than an amount of it determined in its discretion by the Treasury, with due regard to the amount which in the opinion of the Treasury will in due course be recovered, or to appropriate in any manner any credit or balance in that account;
(b) to deal in any manner as may be determined by the Treasury with any goods as may be determined by the Treasury of the person or persons concerned,

without the permission of the Treasury and in accordance with such conditions (if any) as may be imposed by the Treasury.

 

(3) The provisions of—
(a) subregulations (1) and (3) of regulation 22B shall apply mutatis mutandis to any money or goods referred to in subregulations (1) and (2) of this regulation as if such money or goods were money or goods referred to in regulation 22A;
(b) subregulation (3) of regulation 22A shall apply mutatis mutandis to an order issued or made under subregulation (2) of this regulation.

 

 


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