(1) The competent authority may, after considering the explanation, if any, to the show-cause notice issued under section (i, and the materials available before it and after giving to the person affected a reasonable opportunity of being heard, by order, record a finding whe- Forfeiture of property in certain cases.
712 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ther all or any of the properties in question are illegally acquired properties.
(2) Where the competent authority is satisfied that some of the properties referred to in the show-cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (I).
(3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Ordinance, stand forfeited to the Central Government free from all encumbrances.
(i) Where any shares in a company stand forfeited to the Central Government under this Ordinance, then, the company shall, notwithstanding anything contained in the Companies Act, 1956, or the articles of the company, forthwith register the Central Government as the transferee of such shares.
1 of 1956.
8. In any proceedings under this Ordinance, the burden of proving that any property specified in the notice served under section 6 is not illegally acquired property shall be on the person affected.
Burden of proof.