Movable property found in notified place

The Maharashtra Special Public Security Act, 2024

General202418 sections

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Statutory text

(1) The District Magistrate or the Commissioner of Police or any officer authorized by him while taking possession of notified place shall also take possession of movable property including moneys, securities or other assets found therein and shall make a list thereof in the presence of two respectable witnesses.
(2) If in the opinion of the District Magistrate or the Commissioner of Police, any 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 or the Commissioner of Police 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 or the Commissioner of Police shall publish a notice in two local newspapers and one newspaper having circulation in the whole of the State, one of which shall be in the Marathi language and shall also affix a copy of such notice to the conspicuous part of the place wherefrom 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 or the Commissioner of Police shall consider the representation and pass such orders as he deems fit, if the decision is to forfeit the article he shall give reasons therefor.
(6) The person who made the representation may file an appeal against the order under sub-section
(5) to the Government within thirty days from the date of receipt of the order. The Government may pass such order thereon as it deems fit, after giving an opportunity of being heard to the appellant. Such order of the Government in appeal 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 or the Commissioner of Police 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 an article seized is livestock or is of a perishable nature, the District Magistrate or the Commissioner of Police, 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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