Civil imprisonment for non-payment of FEMA penalty authorises arrest and detention where payment withheld or assets concealed. Section 14 provides that failure to make full payment of a penalty may lead to civil imprisonment; commitment proceedings require a served show cause notice and written satisfaction either that property was dishonestly transferred, concealed or removed after notice to obstruct recovery or that the defaulter, newly shown to have means, refuses to pay. The authority may issue warrants for arrest for absconding or non appearance, must present arrested persons before it within twenty four hours, afford an opportunity to show cause, may detain or release on security pending inquiry, and may order detention on conclusion subject to prescribed limits and execution procedures.
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Provisions expressly mentioned in the judgment/order text.
Civil imprisonment for non-payment of FEMA penalty authorises arrest and detention where payment withheld or assets concealed.
Section 14 provides that failure to make full payment of a penalty may lead to civil imprisonment; commitment proceedings require a served show cause notice and written satisfaction either that property was dishonestly transferred, concealed or removed after notice to obstruct recovery or that the defaulter, newly shown to have means, refuses to pay. The authority may issue warrants for arrest for absconding or non appearance, must present arrested persons before it within twenty four hours, afford an opportunity to show cause, may detain or release on security pending inquiry, and may order detention on conclusion subject to prescribed limits and execution procedures.
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