Powers to forfeit funds of an unlawful organization

The Chhattisgarh Vishesh Jan Suraksha Act, 2005

General200518 sections

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Statutory text

(1) Where the Government is satisfied, after such enquiry as it may think fit, that any moneys, securities or other assets are being used or intended to be used for the purpose of an unlawful organization the Government may, by order in writing, declare such moneys, securities or other assets to whomsoever they belong to be forfeited to Government.
(2) A copy of an order under sub-section (1) may be served on the person having custody of the moneys, securities or other assets and on the service of such copy such person shall pay or deliver the moneys, securities or other assets to the officer as specified in the order of the Government. Provided that in the case of moneys or securities a copy of the order may be endorsed for execution to such officers as the Government may select and such officer shall have power to enter upon and search for such moneys and securities in any premises where they may reasonably be suspected to be and to seize the same.
(3) Before an order of forfeiture is made under sub-section (1) the Government shall give a written notice to the person, if any in whose custody the moneys, securities or others assets are found of its intention to forfeit and such person may make a representation to the Government against the proposed order of forfeiture within fifteen days of the receipt of the notice. The Government shall after considering the representation, if any, received from the affected person pass such orders as it deems fit.
(4) Where the Government has reason to believe that any person has custody of any moneys, securities or other assets which are being used or are intended to be used for the purpose of an unlawful organization, the Government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the written orders of the Government. A copy of such order shall be served upon the person to whom it is directed.
(5) The Government may endorce a copy of an order under sub-section (4) for investigation to any officer it may select, and such copy shall be deemed to be warrant where under such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person or any officer, agent or servant or such person: search for moneys and securities and make inquiries from such person touching the origin of and dealings in any moneys, securities or other assets which the investigating officer may suspect are being used or are intended to be used for the purpose of an unlawful organization.
(6) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure, 1973 (No. 2 of 1974) for the service of summons, or where the person to be served is a Corporation, Company, Bank or organization of persons, it may be served on any Secretary, Director or other officer or person concerned with the management thereof, or by leaving it with or sending it by post addressed to the Corporation, Company, Bank of Organization at its registered office, or where there is no registered office, at the place where it carries on business. Where the Government is satisfied that in the circumstances it is not reasonably practicable to follow such procedure, it may cause the order to be published in any local newspaper.
(7) Where an order of forfeiture is made under sub-section (1) in respect of any moneys, securities of other assets in respect of which a prohibitory order has been made under sub-section (4), such order of forfeiture shall have effect from the date of the prohibitory orders, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the moneys, securities, or other assets forfeited, to the officer specified in the order of the Government.
(8) Where any person liable under this section to pay or deliver any moneys, securities or other assets upon the order of the Government refuses, or fails to comply with any direction of the Government in this behalf, the Government may recover form such person, as arrears of land revenue or as a fine, the amount of such moneys or other financial assets or the market value of such securities.
(9) In this section, security includes a document whereby any person acknowledges that he is under a legal liability to pay money, or where under any person obtains a legal right to the payment of money and the market value of any security means the value as fixed by any officer or person deputed by the Government in this behalf.
(10) Except so far as is necessary for the purpose of any proceeding under this section, no information obtained in the course of any investigation made under sub-section (5) shall be divulged by any officer of Government without the consent of the Government.

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