Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Prevention of Smuggling Act, 1977: • prescribed — prescribed by rules made under this Act • property acquired by smuggling — property acquired, whether before or after the commencement of this Act, by any person the aggregate value of the property held by whom exceeds one lac rupees, either wholly or partly. Explanation.___In this clause, “value” means the market-value at the time the property in question was acquired • Special Appellate Court — a Special Appellate Court constituted under section 46; and • Special Judge — a Special Judge appointed under section 44. (2) Expressions used in this Act but not herein defined shall have the same meaning as are assigned to them in the Code of Criminal Procedure, 1898 (V of 1898) or the Customs Act, 1969 (IV of 1969). CHAPTER II PREVENTIVE DETENTION This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.___ (1) In this act, unless there is anything repugnant in the subject or context,— (a) “associate” in relation to a person, means— (i) any individual who is or has been residing in the residential premises, including out-houses and servant-quarters, of such person; (ii) any individual who is or has been managing the affairs or keeping the accounts of such person; (iii) any association of persons, body of individuals, partnership firms, or private limited company within the meaning of companies Act, 1913 (VII of 1913), of which such person is or has been a member, partner or director; (iv) any individual who is or has been a member, p artner or director of an association of persons, body of individuals, partnership firm or a private limited company referred to in sub-clause (iii); (v) a trustee of any trust created by such person; or (vi) where the Special Judge, for reasons to be recorded, considers that any property of such person is held on his behalf by any other person, such other person; 1I.e. the 16th day of May, 1977, see Gaz. of P., 1977, Ext. (Islamabad), Pt. II, p. 829. (b) “prescribed” means prescribed by rules made under this Act; (c) “property” includes property held outside Pakistan and any interest in property; (d) “property acquired by smuggling” means property acquired, whether before or after the commencement of this Act, by any person the aggregate value of the property held by whom exceeds one lac rupees, either wholly or partly. Explanation.___In this clause, “value” means the market-value at the time the property in question was acquired; (e) “relative”, in relation to a person, means— (i) spouse of the person; (ii) brother or sister of the person; . (iii) brother or sister of the spouse of the person; (iv) any lineal ascendant or descendant of the person; (v) any lineal ascendant or descendant of the spouse of th e person; (vi) spouse of a person referred to in sub-clauses (ii), (iii), (iv) or (v); or (vii) any lineal descendant of a person referred to in sub-clause (ii) or (iii); (f) “smuggling” has the same meaning as in clause (s) of section 2 of the Customs Act, 1969 (IV of 1969), but, in Chapter II, relates only to the taking of goods out of Pakistan; (g) “Special Appellate Court” means a Special Appellate Court constituted under section 46; and (h) “Special Judge” means a Special Judge appointed under section 44. (2) Expressions used in this Act but not herein defined shall have the same meaning as are assigned to them in the Code of Criminal Procedure, 1898 (V of 1898) or the Customs Act, 1969 (IV of 1969). CHAPTER II PREVENTIVE DETENTION

Effective date: 1977-01-01

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