Section 58I:
Forfeiture of property in certain cases
1[58-I. Forfeiture of property in certain cases.-- (1) The competent authority may, after considering
the explanation, if any, to the show cause notice issued under section 58H, and the materials available
before it and after giving to the person affected and in a case where the person affected holds any property
specified in the notice through any other person, to such other person, also a reasonable opportunity of
being heard, by order, record a finding whether all or any of the properties in question are illegally
acquired properties:
Provided that if the person affected (and in a case where the person affected holds any property
specified in the notice through any other person, such other person also), does not appear before the
competent authority or represent his case before it within a period of thirty days specified in the show
cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on
the basis of evidence available before it.
(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 (1) within a period of
ninety days.
(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
Chapter stand forfeited to the State Government free from all encumbrances.
(4) In case the person affected establishes that the property specified in the notice issued under
section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the
said notice shall be withdrawn and the property shall be released forthwith.
(5) Where any shares in a company stand forfeited to the State Government under this Chapter, the
company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article
of association of the company, forthwith register the State Government as the transferee of such shares.]
Notes:
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).