(7) No person shall hold or be in possession of any proceeds of terrorism.
SEC. 1] ' THE GAZETTE OF INDIA EXTRAORDINARY 9
(2) Proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such person is prosecuted or convicted under this Ordinance, shall be liable to be forfeited to the Central Government or the State Government, as the case may be, in the manner provided under this Chapter.
7. (/) If an officer (not below the rank of Superintendent of Police) investigating an offence committed under this Ordinance, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the Director General of the Police of the State in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the Designated Authority before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned.
(2) For the removal of doubts, it is hereby provided that where an organisation is declared as a terrorist organisation under this Ordinance and the investigating officer has reason to believe that any person has custody of any property which is being used or is intended to be used for the purpose of such terrorist organisation, he may, by an order in writing, seize or attach such property.
(5) The investigating officer shall duly iriform the Designated Authority within forty-eight hours of the seizure or attachment of such property.
Powers of investigating officers and appeal against order of Designated Authority.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(4) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of attachment so issued:
Provided that an opportunity of making a representation by the person whose property is being attached shall be given.
(5) In the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the Designated Authority, when the investigating officer notifies his report and places it at the disposal of the Designated Authority.
(6) The investigating officer may seize and detain any cash to which this Chapter applies if he has reasonable grounds for suspecting that-
(a) it is intended to be used for the purposes of terrorism;
(b) it forms the whole or part of the resources of an organisation declared as terrorist organisation under this Ordinance:
Provided that the cash seized under this sub-section by the investigating officer shall be released not later than the period of forty- eight hours beginning with the time when it is seized unless the matter involving the cash is before the Designated Authority and such authority passes an order allowing its retention beyond forty-eight hours.
Explanation.- For the purposes of this sub-section, "cash" means-
(a) coins and notes in any currency;
(b) postal orders;
SEC. IJ I H t U A i t l I t Ul- 1NU1A bAlKAUKUINAKY | 1
(c) traveller's cheques;
(d) banker's drafts; and
(e) such other monetary instruments as the Central Government or, as the case may be, the State Government may specify by an order made in writing. •
(7) Any person aggrieved by an order made by the Designated Authority may prefer an appeal to the Special Court and the Special Court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property.
8. Where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the Special Court is satisfied in this regard under sub-section
(7) of section 7, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a Special Court for an offence under this Ordinance.
Forfeiture of proceeds of terrorism.
9. (/) No order forfeiting any proceeds of terrorism shall be made under section 8 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter.
(2) No order of forfeiture shall be made under subsection (1), if such person establishes that he is a bona fide transferee of such proceeds for value without Issue of show cause notice before forfcitur of proceeds of terrorism.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— knowing that they represent proceeds of terrorism.
(3) It shall be competent for the Special Court to make an order in respect of property seized or attached,-
(a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of such sale;
(b) nominating any officer of the Central or State Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the Special Court.
Appeal. 10. (7) Any person aggrieved by an order of forfeiture under section 8 may, within one month from the date of the receipt of such order, appeal to the High Court within whose jurisdiction, the Special Court, who passed the order appealed against, is situated.
(2) Where an order under section 8 is modified or annulled by the High Court or where in a prosecution instituted for the contravention of the provisions of this Ordinance, the person against whom an order of forfeiture has been made under section 8 is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Central Government with reasonable interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed.
Order of forfeiture not to interfere with other
11. The order of forfeiture made under this Ordinance by the Special Court, shall not prevent the infliction of SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 13 punishments. any other punishment to which the person affected thereby is liable under this Ordinance.
Claims by thiid party.
12. <7) Where any claim is preferred, or any objection is made to the seizure of any property under section 7 on the ground that such property is not liable to seizure, the Designated Authority before whom such property is produced, shall proceed to investigate the claim or objection:
Provided that no such investigation shall be made where the Designated Authority considers that tne claim or objection was designed to cause unnecessary delay.
(2) In case claimant or objector establishes that the property specified in the notice issued under section 9 is not liable to be forfeited under the Ordinance, the said notice shall be withdrawn or modified accordingly.
13. The Designated Authority, acting under the provisions of this Ordinance, shall have all the powers of a Civil Court required for making a full and fair enquiry into the matter before it.
Powers of Designated Authority.