Powers to forfeit funds of an unlawful organization

The Maharashtra Special Public Security Act, 2024

General202418 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 an order in writing, declare such moneys, securities or other assets to whomsoever they belong to, be forfeited to the 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 deposit or deliver the moneys, securities or other assets to the officer as specified in 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 officers shall have power to enter upon and search for such moneys or 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 an order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with the same. A copy of such order shall be served upon the person to whom it is directed.
(5) The Government may endorse 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 a warrant whereunder 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, securities or other assets and make inquiry 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 Bharatiya Nagarik Suraksha Sanhita, 2023, for the service of summons or where the person to be served is a corporation, company, bank or organization of person, 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 or 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 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 or 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 officers 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 from such person, as arrears of land revenue or as a fine, the amount of such money or other financial assets or the market value of such securities. Explanation.—For the purposes of this section, securities includes a document whereby any person acknowledges that he is under legal liability to pay money, or whereunder any person obtains a legal right to the payment of the 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.
(9) 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 disclosed by any officer of the Government without its consent.
(10) The Government may, by order, delegate its powers under this section to any officer not below the rank of a District Magistrate or the Commissioner of Police and likewise withdraw the same.
(11) The Government may, in its discretion at any time, either suo motu or on an application made by the person who made the representation, call for and examine the record of any order passed by the District Magistrate or the Commissioner of Police, under sub-section
(1) for the purpose of satisfying itself as to the legality, correctness or propriety thereof and pass such order in reference thereto, as it may deem fit:

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