Vidhi Codex

section 12

Offences under this Act to be cognizable

The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
General198718 sections
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Statutory text
  1. (1) Any offence punishable under this Act shall be a cognizable offence within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
  2. (2) No court shall... 12-A. Seizure and confiscation of property
  3. (1) The Government may appoint an officer to be authorised officer to exercise the powers and perform the functions of the authorised officer under this section and sections 12-B and 12-G and different officers may be appointed as authorised officers for different areas.
  4. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Act is believed to have been committed, the competent authority may seize any vehicle or other article including pump, tube, tool or equipment used in committing offence under this Act and shall without any unreasonable delay, produce the vehicle together with the articles so seized before the authorised officer.
  5. (3) Where any vehicle or other article is produced before the authorised officer under sub-section
  6. (2) and if he is satisfied that an offence under this Act has been committed, the authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the vehicle or other articles so seized.
  7. (4) Where the authorised officer, after passing an order of confiscation under sub-section (3), and where the order of confiscation made under this section is set aside in the public interest so to do, he may order the confiscated vehicle or other article to be sold by public auction.
  8. (5) Where any confiscated property is sold under sub-section (4), and where the order of confiscation made under this section is set aside or annulled by an order under section 12-C or section 12-D, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order. 12-B. Issue of show cause notice before confiscation
  9. (1) No order confiscating any vehicle or other article shall be made under section 12-A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate and considering his objections, if any: Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if, in the opinion of the authorised officer, it is practicable to do so and considering his objections, if any.
  10. (2) Without prejudice to the provisions of sub-section
  11. (1) no order confiscating any vehicle or other article shall be made under section 12-A if the owner of the vehicle or other article, proves to the satisfaction of the authorised officer that it was used in committing the offence under this Act without the knowledge or connivance of the owner himself, his agent, if any and the person in-charge of the vehicle or other article and each of them had taken all reasonable and necessary precautions against such use. 12-C. Revision The Government may on its own motion or otherwise call for and examine the records of the authorised officer in respect of any order under section 12-A, make such inquiry or cause such inquiry to be made and pass such orders, as they deem fit: Provided that no proceeding shall be initiated under this section against any order passed under section 12-A, if the time for appeal against that order has not expired: Provided further that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representation and his representation is considered. 12-D. Appeal Any person aggrieved by any order passed under section 12-A or 12-C may within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area wherein the property has been seized and the Sessions Judge shall pass such order as he may think fit, which shall be final and shall not be called in question in any court of law. 12-E. Order of confiscation no bar for inflicting any punishment Any order of confiscation under section 12-A or 12-C or 12-D shall not be a bar for inflicting any punishment to which the persons affected thereby is liable under this Act. 12-F. Property confiscated to vest with Government When an order for confiscation of any property has been passed and such order has become final, every vehicle or other article confiscated under section 12-A, or when sold under sub-section
  12. (4) of section 12-A, the sale proceeds thereof shall vest with the Government. 12-G. Bar of jurisdiction Where any vehicle or other article is seized under section 12-A, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force, the authorised officer under section 12-A, or the Government under section 12-C or the Sessions Judge under 12-D alone have jurisdiction to pass orders in respect of custody, possession, delivery or disposal of such property and no court shall have such jurisdiction.

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