(1) Where the assets available for attachment of a Financial Establishment or other person referred to in section 4 are found to be less than the amount or value which such financial Establishment is required to repay to the depositors and where the Designated Court is satisfied by affidavit or otherwise, that there is reasonable cause for believing that the said Financial Establishment has transferred (whether before or after the commencement of this Act) any of the property otherwise than in good faith or for proper consideration, the Designated Court may, by notice, require any transferee of such property (whether or not he received the property directly from the said Financial Establishment) to appear on a date to be specified in the notice and show cause why so much of the transferee’s property as is equivalent to the proper value of the property transferred should not be attached.
(2) Where the said transferee does not appear and show cause on the specified date, or where after investigation in the manner provided in sub-section (5) of section 11, the Designated Court is satisfied that the transfer of the property to the said transferee was not in good faith or for proper consideration, to Designated Court shall order the attachment of so much of the said transferee’s property as is in the opinion of the Designated Court equivalent to the proper value of the property transferred.
Security in lieu of attachment
13. Any Financial Establishment or person whose property has been of is about to be attached under this Act may, at any time, apply to the Designated Court for permission to give security in lieu of such attachment and where the security offered and given is, in the opinion of the Designated Court, satisfactory and sufficient, it may cancel the order of attachment or, as the case may be, refrain from passing the order of attachment.
Administration 14. The Designated Court may, on the application of any person interested in any property attached and vested in the Competent Authority under this Act and after giving the Competent Authority an opportunity of being heard, make such order as the Designated Court considers just and reasonable for--
(a) Providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been instituted against him in the Designated Court under section 3;
(b) safeguarding so far as may be practicable the interest of any business affected by the attachment and in particular, the interest of any partners in business;
(c) discharging any liability, statutory or otherwise, of such Financial Establishment.
Appeal 15. Any person including the Competent Authority, if aggrieved by an order of the Designated Court, may appeal to the High Court within thirty days from the date of the order.
Special public prosecutor
16. The Government shall, by notification, appoint an Advocate of not less than ten years standing at Bar as a Special public prosecutor or Special Government pleader for the purpose of conducting the case in the Designated Court.
Procedure and powers of Designated Court regarding offences