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N.K.Assumi (Advocate)     10 September 2010

CBI Jurisdictions in MVA and 138 NIA.

The Parliament has enacted The Central Bureau of Investigation Act 2010 and under the said Act the Motor vehicle Act of 1939 and Section 138 of the Negotiable Instrument Act of 1881 falls under the second schedule of the said Act as Scheduled Offence, does it mean that if an Advocate, members of the Tribunal, Insurance Company or a Banker fradulently draws the claimans money awarded by the Tribunal CBI can investiagte into the matters?



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 3 Replies

Adesh Kumar Sharma (Senior Associate Lawyer)     10 September 2010

 

 

 As per section 8 of the proposed draft the powers have been given to CBI to investigate the matter subjected to the direction of Central Govt. The same be read as under:

8. Investigation of Scheduled Offences – 

(1) Notwithstanding anything contained in any other law and subject to the general or specific orders of the Central Government, the Bureau shall prevent, investigate and prosecute the offences included in the Schedule I and such other offences as notified in this behalf by the Central Government in the Official Gazette, related to matters in the   Union List of the 7th Schedule of the Constitution ofIndia.

(2) Notwithstanding anything contained in any other law and subject

to the general or specific orders of the Central Government, the Bureau shall prevent, investigate and prosecute the offences included in the Schedule II and such other offences as notified in this behalf by the Central Government in the Official Gazette, related to matters in the Concurrent List of the 7th Schedule of the Constitution of India, in the Union Territories of India.

(3) Notwithstanding anything contained in any other law, Central

Government may, by notification, authorize the officers of the Bureau to undertake investigation of any scheduled offence under this Act in addition to such other officers as may be specified in the law.

SCHEDULE I

1. Offences punishable under Sections 121, 121A, 122, 123, 124, 124A, 128,129, 130, 131, 132, 133, 134, 135, 136, 138, 140, 231, 232, 233, 234, 235,236, 237, 238, 239, 240, 241, 242, 243,244,245,246,247, 248, 249, 250,251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 263A,489A, 489B, 489C, 489D, 489E of the Indian Penal Code, 1860 (Act No.45of 1860) related to matters in the List I of the 7th Schedule.

2. The Aircraft Act, 1934 (Act No. 22 of 1934) and rules made under the said

Act.

3. The Anti-Hijacking Act, 1982 (Act No. 65 of 1982).

4. The Antiquities and Art Treasures Act, 1972 (Act No. 52 of 1972).

5. The Arms Act, 1959 (Act No. 54 of 1959).

6. The Atomic Energy Act, 1962 (Act No. 33 of 1962).

7. The Central Excises and Salt Act, 1944 (Act No.1 of 1944).

8. Sections 63, 63-A, 63-B, 65, 67, 68, 68A and 69 of the Copyrights Act,

1957 (Act No. 14 of 1957).

9. The Customs Act, 1962 (Act No. 52 of 1962).

10. The Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940).

11. Section 24 of the Emigration Act, 1983 (Act No. 31 of 1983).

12. Emergency Provisions (Continuance) Ordinance 1946 (Ordinance No. 20

of 1946) if committed by the Employees of the Central Government or

contractors or sub-contractors or their representatives by contravening any

order issued by the Central Government.

13. The Essential Commodities Act, 1955 (Act No. 10 of 1955).

14. The Explosives Act, 1884 (Act No.4 of 1884).

15. The Explosive Substances Act, 1908 (Act No.6 of 1908).

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16. The Foreign Contribution (Regulation) Act, 1976 (Act No. 49 of 1976).

17. The Foreigners Act, (Act No. 31 of 1946).

18. The Foreign Exchange Regulation Act, 1973 (Act No. 46 of 1973).

19. The General Insurance Business (Nationalization) Act, 1922 (Act. No. 57

of 1922).

20. The Income Tax Act, 1961 (Act No. 43 of 1961).

21. The Import and Export (Control) Act, 1947 (Act No. 18 of 1947).

22. The Insurance Act, 1938 (Act No.4 of 1938).

23. The Industries (Development and Regulation) Act, 1951 (Act No. 65 of

1951).

24. The Information Technology Act, 2000 (Act No. 21 of 2000).

25. The Indian Stamp Act, 1899.

26. The Mines and Minerals (Regulation & Development) Act, 1957 (Act No.

67 of 1957).

27. The Narcotic Drugs and Psychotropic Substance Act, 1985 (Act No. 61 of

1985).

28. The Official Secrets Act, 1923 (Act No. 19 of 1923).

29. The Passport Act, 1920 (Act No. 24 of 1920) and rule 6 of Passport Rules

1950.

30. The Passport (Entry into India) Rules 1950 r/w Passport (Entry into India)

Act 1920, (Act No. 34 of 1920).

31. The Passport Act, 1967 (Act No. 15 of 1967).

32. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic

Substances Act, 1988 (Act No. 46 of 1988).

33. The Prevention of Insults to National Honour Act, 1971 (Act No. 69 of

1971).

34. The Prevention of Money Laundering Act, 2002 (Act No. 15 of 2003).

35. The Prevention of Money Laundering (Amendment) Act, 2009 (Act No. 21

of 2009)

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36. The Press and Registration of Books Act, 1867 (Act No. 25 of 1867).

37. Section 4 and 5 of the Prize Chits and Money Circulation Scheme

(Banning) Act, 1978 (Act No. 43 of 1978).

38. The Post Office Act, 1898 (Act No.6 of 1898).

39. The Railways Act, 1890 (Act No.9 of 1890).

40. The Railways Stores (Unlawful Possession) Act, 1955 (Act No. 51 of

1955).

41. The Railways Act, 1989 (Act No. 24 of 1989).

42. The Representation of the People Act, 1950 (Act No. 43 of 1950).

43. The Representation of the People Act, 1951 (Act No. 43 of 1951).

44. The Registration of Foreigners Act, 1939 (Act No. 16 of 1939).

45. Section 24 of the Security Exchange Board of Binders Act, 1942.

46. The Suppression of Unlawful Act against Safety of Civil Aviation Act, 1982

(Act No. 66 of 1982).

47. Sections 11 and 12 of the Territorial Waters Continental Shelf, Exclusive

Economic Zone and other Maritime Zones Act, 1976 (Act No.80 of 1976).

48. The Telegraph Act, 1885 (Act No. 13 of 1885).

49. The Telegraph Wires (Unlawful Possession) Act, 1950 (Act No.74 of

1950).

50. The Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967).

51. The Wireless and Telegraphy Act, 1933 (Act No. 17 of 1933).

52. The Wealth Tax Act, 1957 (Act No. 27 of 1957).

53. The Prevention of Communal Violence Act, ----------------

Attempts, abetments and conspiracies in relation to or in connection

with the offences mentioned in Schedule I and any other offences committed

in the course of the same transaction arising out of the same facts.

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SCHEDULE II

1. Offences punishable under Sections 34,114,120B, 143, 147, 148, 149, 153A, 153B, 161, 162, 163, 164, 165, 165A, 166, 167, 168, 169, 170, 171E, 171F, 182, 186, 188, 189, 190, 193, 196, 197, 198, 199, 200,201,204,211,212, 214, 216, 216-A, 218, 220, 222, 223, 224, 225, 225B, 275, 277, 279, 283, 284, 285, 286, 292, 295, 295A, 302, 303, 304, 304A, 304B, 306, 307, 308, 309, 323, 324,325, 326, 328, 330, 331, 332, 333,336,337, 338, 341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363A, 364, 364A, 365, 366, 367, 368, 376, 376-A, 376B, 376C, 376D, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 401, 402, 403, 406, 407, 408, 409, 411,412,413,414,417,418,419,420,421,426,427,429, 431, 435, 436, 440,447,448,452,454,456,457,460,461,465,466,467,468, 469,471,472, 473, 474,475,476,477, 477A, 489, 495, 498A, 499, 500,501, 502, 504, 505, 506, 507, 509 of the Indian Penal Code, 1860 (Act No.45 of 1860) related to matters in the List III of the 7th Schedule.

2. Section 3 of the Benami Transaction (Prohibition) Act, 1988 (Act No. 45 of 1988).

3. The Companies Act, 1956 (Act No.1 of 1956).

4. The Criminal Law (Amendment) Act, 1961 (Act No. 23 of 1961).

5. The Electricity Act, 1910 (Act No.9 of 1910).

6. The Gift Tax Act, 1958 (Act No.18 of 1958).

7. Section 3, 4, 5, 8, 9 and 15 of the Immoral Traffic (Prevention) Act, 1956 (Act No. 104 of 1956).

8. The Industries (Development and Regulation) Act, 1951 (Act No. 65 of

1951).

9. The Information Technology Act, 2000 (Act No. 21 of 2000).

10. The Motor Vehicles Act, 1939 (Act No.4 of 1939).

11. Section 138 of the Negotiable Instruments Act, 1881 (Act No. 26 of 1881).

12. The Prevention of Corruption Act, 1988 (Act No. 49 of 1988).

13. The Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954).

14. The Prevention of Damage to Public Property Act, 1984 (Act No.3 of

1984).

15. The Press and Registration of Books Act, 1867 (Act No. 25 of 1867).

16. The Religious Institutions (Prevention of Misuse) Act, 1988 (Act No.41 of 1988).

17. Section 3 and 4 of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

18. Section 51 of the Wildlife Protection Act, 1972 (Act No. 53 of 1972).

19. The Assam Opium Prohibition Act, 1947.

20. The Andhra Pradesh Control of Organized Crime Act, 2001.

21. The Bombay Stamp Act, 1958.

22. (a) Section 121, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, 182,193, 197, 198, 201, 204, 211, 218, 223, 224, 231, 232, 233, 234, 235,236, 237, 238,239,240,241,242,243,246,247,248,249,450,251, 252,253,254, 258, 259, 260, 261, 262, 263, 263-A, 302, 304, 304-A, 306,307, 308, 309, 323, 324, 325, 326, 328, 330, 332, 333, 336, 337, 338,341, 342, 343, 344, 346, 347, 352, 353, 354, 355, 363, 363-A, 364, 365,366, 367, 368, 376, 379, 380, 381, 382, 384, 385, 386, 387, 388, 389,392, 395, 403, 406, 407, 408, 409, 411, 412, 413, 414, 417, 418, 419,420, 427, 452, 465, 466, 467, 468, 471,472,473, 474, 475, 476, 477-A,489-A, 489-B, 489-C, 489-D, 511 of the Jammu and Kashmir StateRanbir Penal Code Sambat & Jammu and Kashmir Act No. 12 of Sambat 1989).

(b) The Jammu and Kashmir State Prevention of Corruption Act Sambat 2006(J&K Act No. 13 of Sambat 2006).

(c) Section 132, 133, 135, 136 of the Custom Act, 1962 (Jammu and Kashmir Act No. 52 of 1962).

(d) The Energy Agents Ordinance of Sambat 2005 issued by Government of Jammu and Kashmir.

23. The Karnataka Control of Organized Crime Act, 2000.

24. The Karnataka Stamp Act, 1957.

25. The Maharashtra Control of Organized Crime Act, 1999.

26. Section 7 of the Nagaland Security Regulation 1962 (Regulation 5 of

1962).

27. The Punjab Special Powers (Press) Act, 1956 (Punjab Act No. 38 of

1956).

28. The Uttar Pradesh Indian Medicines Act, 1939 (U.P. Act No. 10 of 1939).

29. The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act,

1986 (Uttar Pradesh Act No.7 of 1986).

30. The West Bengal Security Acts 1950 (West Bengal Act No. 19 of 1950) as re enacted by the West Bengal Security (re-enacted and validation) Ordinance, 1966.

Attempts, abetments and conspiracies in relation to or in connection with the offences mentioned in Schedule II and any other offences committed in the course of the same transaction arising out of the same facts.

 Thanks

N.K.Assumi (Advocate)     10 September 2010

Thanks for the responds.

N.K.Assumi (Advocate)     10 September 2010

Oh, by the way: look at our Hon'ble Prome Minister Man Mohan SinghJi, apparently he looks very soft but his works sounds like a thunder bolt from above.So let us not judge a book from its cover, and ofcourse not forgetting our Madams Her Excellency Prathiba Patil, who is very very soft but not that soft? Mark my word Madams.


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