Forfeit of funds of an unlawful organisation

(1) Where the Government is satisfied, after sucli inquiry as it may think fit, thmany moneys, securities or other assets are being used or intended to be used for the purpose of an unlawful orgnisat ion 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 ohm order under sub-seCtion (1) may be served on the person having custody ei. the moneys, securities or other Assets and on the service of such copy sod.' person shall pay or deliver the moneys, securities or other assets to the order of the Government: Provided that in 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 offit.er shall have powci- to enter upon,and scarch for such moneys and securities in any promises 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 shallgi yea written notice to the person, if any in whose custody the. moneys, securii ics or other assets are found of its intention to forfeit and such person may niake 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 front 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! organisation, the Government may, by order in writing, prohibit sucn person from paying, delivering, u ansferring or otherwise dealing in any manner whatsoever with the same, save in accordance with the v.Tiuen orders of the Government. A copy of such order shall be served upon the person to whom it is directed. (5) The Government may endoiese a copy ....an order unclet sub-section (4) for investigation to any officer it may select, and such copy shall be deomed to be warraat where under such officer may enter upon any premises of the person to whom the order directed, examine the books of such person or any officer agent or servant or such person, search for it toncys and securities and make inquiries hum such person touching the origin of and dealings in any moneys, securities or other assets %‘ :licit the in vestipling officer may suspect are being used or are intended to be used for the purpose of an unlawful organisahon. (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 l974) for the service of summons, or where the person to be sal. ed is a Corporation, Company, Bank or Organisation of persons, it may be served on any Secretary. Director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the Corporation, Company, Batik of Organisation at its registered office, or xvlarre there. is no registered office, at the place where it carries on business. Where the Government are satisfied that in the CUelllubtances it is not reasonably practicable to follOW such procedure. they 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 or other assets in respect of which a prohibitory orders 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 order of the Government. (8) Where any person liable under this section to pay or di I ver any moneys, securities or other assets to the order of the Government refuses, or fails to comply with any direction of the Government in this behalf, the Government may recover from such person, as arrearS of land revenue Or as a fine, the amount of such moneys or onhet financial assets or the market value of Such securities. (9) In this section, 'security' includes a dec.ument whereby any person acknowledges that he is under a legal liability to pay rripney, or whereunder any person obtains a legal right to the payment of money, and the market value of any security means the value as flied by any officer or person deputed by the Government in this behalf. (10) Except so far a is necessary for the purposes of any proceeding under this sectionow„ 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. (11) The Government may by order, delegate their powers under this section to any officer not below the rank of a District Magistrate and likewise withdraw the same. (12) The Government may; in their discration at any time, either suo-moto or on an applicalion made by the person who made the representation, call for and examine the records of any order passed :-ty the District Magistrate under sub-section (11) for the purpose of satisfying themselves as to the regality, correctness or propriety thereof and pass such orders in reference thereto as they. may deem fit : Provided that no order under this sub-section shaffbc passed by the Government unless the party likely to be affected there by has had an opportunity of waking a'representation.