(1) Where any property has been declared to be forfeited to the Central Government under this Ordinance, or where the person affected has failed to pay the fine due under sub-section (1) of section 9 within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any othei1 person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or to any person duly authorised by it in this behalf within thirty days of the service of the order.
Power to take possession.
(2) If any person refuses or fails to comply with an order made under sub-section (3), the competent authority may take possession of the property and may for that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2), the competent authority may for the purpose of taking possession of any property referred to In sub-section (1), requisition the service of any police officer to assist the competent authority and it shall be the duty of such officer to comply with such requisition.
*h6 Tttfi OAZttTE OF INDIA EiXTRAORDINARY [KRT ft—
20. With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order:
Rectification of mistakes.
Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.
21. No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Ordinance.
Findings under other laws not conclusive lor proceedings under ttaio Ordinance.
22. Any notice or order issued or made under this Ordinance shall be served— Service at notices and orders. (a) by tendering the notice or order or sending It by registered post to the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.
23 No suit, prosecution or other proceeding shall lie against the Central Government or any officer of the Central or State Government for anything which is done, or intended to be done, in good faith, in pursuance of this Ordinance or the rules made thereunder.
Protection of action taken In Rood faith.
24 The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
Ordinance to have overriding effect.
25 (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Ordinance.Power to make rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : —
(a) the tern* and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 12,
(b) the powers of a civil court that may be exercised by the competent .authority and the Appellate Tribunal under clause (f) of section 15;
,-N nmT n t w matter which has to be, or may be, prescribed.
SEC. l j THE GAZETTE OF INDIA EXTRAORDINARY 717
(3) Every rule made under this Ordinance shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
FAKHRUDDIN ALI AHMED, President.
K. K. SUNDARAM, Secy, to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1975