(1) Any person aggrieved by an order of forfeiture passed by a Magistrate under sub-section (2) of section 10 or sub-section (3) of section 13 may within sixty days of the date of such order make an application to the High Court to which such Magistrate Is subordinate.
Application to High Court against orders of forfeiture.
(2) Any person aggrieved by an order oi forfeiture passed under section 19 or by an order under sub-section (2) of section 20 may, within sixty days of the date of such order, make an application to the High Court within the jurisdiction of which such person ordinarily resides or carries on business or personally works for gain.
(3) The High Court to which any application is made under this section may pass such order as it deems fit cxirifirming, varying or setting aside the order in respect of which such application is made and may pass such conseciuentiai or incidental orders as may be necessary.
2fi. Every appeal and every application to a High Court under this Chapter shall, where tha High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Cburt consists of less than three Judges, such Special Bench shall be composed of all the Judges of the High Court.
Appeals and applications to be heard by a Bench of three Judges.
27. Every High Court may frame rules to regulate the procedure in respect of appeals and applications under this Chapter and until such rules are framed, the practice of- such High Court in procaedings in respect of appeal and revision shall apply, in so far as may be practicable, to such uppeals and applications.
Procedure in High Court.
Sac. 1] THff GAZETTE OF INDIA EXTRAORDINARY 759
CHAPTER VI PENALTIES
28. Whoever is the keeper of a press which is used for the printing or publishing of any newspaper, news-sheet, book or other document without making a deposit as required under section 8 or section 9 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both. .
Penalty for keeping presa without making deposit.
29. Whoever publishes any newspaper or news-sheet without making a deposit as required under section 11 or section 12 or publishes such newspaper or news-sheet knowing that such security has not been deposited shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
Penalty for publishing newspaper or newssheet without making deposit.
30. Whoever acts as. an editor of a newspaper or news-sheet without making a deposit as required under section 14 or section 15 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Penally for acting as editor without making deposit.
•31, Whoever sells or distributes or keeps for sale or distribution any unauthorised newspaper or unauthorised news-sheet knowing or having reason to believe that it was an unauthorised newspaper or an unauthorised news-sheet shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
Penalty for disseminating unauthorised newspapers and unauthorised newssheets.
CHAPTER VII MISCELLANEOUS
32. Every notice under this Ordinance shall be served in the manner provided for the service of summonses under the Code:
Service of notices.
Provided that if service in such manner cannot, by the exercise of due diligence, be effected, the serving officer shall, where the notice is directed to the keeper of the press, affix a copy thereof to some conspicuous part of the place where the press is situated, as described in the keeper's declaration under section 4 of the Press Registration Act, and, where the notice is directed to the publisher or editor of a newspaper, to a conspicuous part of the premises where the publication of such newspaper is conducted, as given in the publisher's declaration under section 5 of that Act and thereupon the notice shall be deemed to have been duly starved, 7 6 0 ™ E GAZETTE OF INDIA EXTRAORDINARY [PAKT U _ or ^ ( I ) / h e r e a n y p r e s s o r « * c " ^ of newspaper, news-sheet book or Qther document are declared forfeited to the Central Government under this Ordinance, the Central Government may require a Magnate to issue a warrant empowering any police officer, not below the rank of a sub-inspector, to seize and detain any property ordered to be forfeited and to enter upon and search for such property in any premises- Issue of search warrants in certain cases.
(a) where any such property may be or may be reasonably suspected to be, or
(b) where any copy of such newspaper, news-sheet, book or other document is kept for sale, distribution, publication or public exhibition or is reasonably suspected to be so kept.
(2) Without prejudice to the provisions contained in sub-section
(1), where any newspaper, news-sheet or other document is declared forfeited to Government, it shall be lawful for any police officer to geize the same, wherever found.
34. Every warrant issued under this Ordinance shall, so far as it relates to a search, be executed in the manner provided for the execution of search warrants under the Code, Conduct of searches.
35. (I) Where any keeper of a press or publisher or editor of a newspaper or news-sheet has deposited any amount as security or further security as required under section & or section SI or section 11 or section 12 or section 14 or section 1& and no further action has been taken in respect of the press or the publisher or the editor under this Ordinance for a period of two years from the date of such deposit, the person who made the deposit or any person claiming under him may appiy to the Central Government for the return of the security in deposit.
Return of security in certain cases.
(2) The Central Government shall, after making such inquiry as it may deem fit and after being satisfied about the claim of the applicant, direct the security to be returned to the applicant.
36. For the purpose of determining any period of limitation prescribed by this Ordinance for any application or appeal, the provisions of sections 4 to 24 of the Limitation Act, 1963 shall apply as they apply for determining the period of limitation prescribed for any appeal or application by the Schedule ten that Act.
Appliestion of provisions of Act 36 of 1963.
37 Every declaration of forfeiture purporting, to be made under this Ordinance shall, as against all persons be conclusive evidence that ™ forfeiture therein referred to has taken place, and except as provided by this Ordinance— Bar of jurisdiction and protection of action taken in good faith. (a) no proceeding taken or purporting to be taken under this Ordinance shall be called in question by or before any court; and
(b) no civil or criminal proceedings shall be instituted againat any person for anything which is in goo i faith done or intended to b* don» undw this Ordinance.
Sac 1] THE GAZETTE OF INDIA EXTRAORDINARY 761
38. Notwithstanding anything contained in this Ordinance, no keeper of a press or publisher of any newspaper or news-sheet or editor of any newspaper or news-sheet shall be prosecuted under section 29, section 30 or section 31, as the case may be, if for the same act or omission such person has been proceeded against under section 8 or section 9 or section 11 or section 12 or section 14 or section 15, as the case may be, nor shall any such person be proceeded against under section 8 or section 9 or section 11 or section 12 or section 14 or section 15, as the case may be, if for the same act or omission such person has been prosecuted under section 29, section 30 or section 31, as the case may be.
Bar of double penalty.
39. Notwithstanding anything contained in the Code, any offence punishable under this Ordinance and any abetment of such offence shall be cognizable and bailable.
Cognizataility of offences ynder this Ordinance.
40. Section 6, 7 and 8 of the Criminal and Election Laws Amendment Act, 1969 are hereby repealed.33 of 1989.
Repeal.
FAKHRUDDIN ALI AHMED, President.
K. K. SUNDARAM, Secy, to the Govt. of India.
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