Movable property found in the notification

The Chhattisgarh Vishesh Jan Suraksha Act, 2005

General200518 sections

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Statutory text

(1) The District Magistrate or the officer authorized by him while taking possession of notified place shall also take possession of movable properly including money, securities or other assets found therein and shall make a list thereof in the presertee of two respectable witnesses.
(2) If in the opinion of the District Magistrate aiy article specified in the list is or may be used for or in aid of the purposes of the unlawful organization he may proceed, subject to the provisions hereinafter contained in this section; to order such articles to be forfeited to the Government.
(3) All other articles specified in the list shall be delivered to the person whom the District Magistrate considers to be entitled to possession thereof and if no such person is found entitled thereto, it shall be disposed of in such manner as he may direct.
(4) The District Magistrate shall publish a notice in two local newspapers one of which in is Hindi language and shall also affix a copy of such notice on the conspicuous part of the place where from such property was taken possession of specifying the articles which are proposed to be forfeited and calling upon any person claiming that any article is not liable for forfeiture to submit in writing within fifteen days from the date of publication of notice any representation he desires to make against forfeiture of the article.
(5) The District Magistrate shall examine the representation and pass such orders as he deems fit: If the decision is to forfeit the article he shall give reasons therefore.
(6) Against any order of forfeiture passed under sub-section (5) the person who made the representation may file an appeal to the Government within thirty days from the date of receipt of the order. The Government may pass such orders thereon as it deems fit after giving an opportunity to the appellant. Such order of the Government shall be final.
(7) The Government may, in its discretion at any time, suo-moto call for and examine the records of any order passed by the District Magistrate under sub-section (5) for the purpose of satisfying itself as to the legality, correctness or propriety thereof and pass any order with reference thereto as it may deem fit.
(8) If the article seized is livestock or is of a perishable nature, the District Magistrate may if he thinks it expedient order the immediate sale thereof and the proceeds of the sale shall be disposed of in the manner herein provided for the disposal of the other articles.

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