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Section 18

The Uttarakhand Special Courts Act, 2011State Act of Uttarakhand · Act 19 of 2011

(1) Where any money or property or both have been confiscated to the State Government under this Act, the concerned authorized officer - 23 - shall order the person affected, as well as any other person, who may be in possession of the money or property or both to surrender or deliver possession thereof to the concerned authorized officer or to any person duly authorized by him in this behalf, within thirty days of the service of the order:

Provided that the authorized officer, on an application made in that behalf and being satisfied that the person affected is residing in the property in question, may instead of dispossessing him immediately from the same, permit such person to occupy it for a limited period to be specified on payment of market rent to the State Government and thereafter, such person shall deliver the vacant possession of the property.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the authorized officer 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 authorized officer may, for the purpose of taking possession of any money or property or both referred to in sub-section (1), requisition the service of any police officer to assist and it shall be the bounden duty of such officer to comply with such requisition.

Refund of Confiscated money or property

19. Where an order of confiscation made under section 15 is modified or annulled by the High Court in appeal or where the person affected is acquitted by the Special Court, the money or property or both shall be returned to the person affected and in case it is not possible for any reason to return the property, such person shall be paid the price thereof including the money so confiscated with the interest at the rate of five percent per annum thereon calculated from the date of confiscation.

CHAPTER IV MISCELLANEOUS - 24 - Notice or Order not to be invalid for error in description

20. No notice issued or served, no declaration made and no order passed, under this Act shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein, if such property or person is identifiable from the description so mentioned.

Act to be in addition to any other law

21. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him.

Bar to other Proceedings

22. Save as provided in sections 9 and 17 and notwithstanding anything contained in any other law, no suit or other legal proceedings shall be maintainable in any Court in respect of any money or property or both ordered to be confiscated under section 15.

Protection of action taken in good faith

23. No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.

Power to Make rules

24. The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this Act.

Notifications under section 3 and declarations under section 5 to be laid

25. Every notification made under sub-section (1) of section 3 and every declaration made under sub-section (1) of section 5 shall be laid, as soon as may be, after they are made, before the State Legislature.

Overriding effect

26. Notwithstanding anything in the Prevention of Corruption Act, 1988 and the Criminal Law Amendment Ordinance, 1944 or any other law for the time being in force, the provisions of this Act shall - 25 - prevail in case of any inconsistency.

Where this provision sits

ActThe Uttarakhand Special Courts Act, 2011
Section18
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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