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Section 5: After section 20 of the principal Act, the following section shall be inserted

The West Bengal Maintenance Of Public Order ( Amendment) Act, 2023State Act of West Bengal · Act 6 of 2023

"Order of attachment 20A. (1) The State Government shall, within 60 days from the date from appropriate Court. of the publication of the notification under section 20, shall make an application, supported by an affidavit stating the ground on which the State Government has issued the said notification before the Jurisdictional Court or Magistrate, as the case may be, seeking the ad-interim order of attachment absolute or any such further order or orders which the said Jurisdictional Court or Magistrate shall deem fit and for proper custody of such property in the interest of justice.

(2) Upon receipt of such application the Jurisdictional Court or Magistrate, as the case may be, shall summon the person, whose property has been attached, to submit written objection, if any, as to why the order of attachment should not be made absolute and the property so attached be sold in public auction for realization of a fund for the purposes of payment of compensation to the victim, by framing scheme under this Act.

Explanation I.— For the purposes of this Act "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged.

Explanation II.— For the purposes of this Act, State shall also be deemed to be a victim whenever such situation arises.".

5 of 1908.

By order of the Governor, PRADIP KUMAR PANJA, Pr. Secy. to the Govt. of West Bengal, Law Department.

Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Govemment of West Bengal Enterprise), Kolkata 700 056.

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Where this provision sits

ActThe West Bengal Maintenance Of Public Order ( Amendment) Act, 2023
Section5
Marginal noteAfter section 20 of the principal Act, the following section shall be inserted
JurisdictionState of West Bengal
StatusIn force as published by the source

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