58FSeizure or freezing of illegally acquired property
1[58F. Seizure or freezing of illegally acquired property.-- (1) Where any officer conducting an inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned:
Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.
Explanation.-- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.]
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1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
- 58A Application
- 58B Definitions
- 58C Prohibition of holding illegally acquired property
- 58D Competent authority
- 58E Identifying illegally acquired property
- 58F Seizure or freezing of illegally acquired property
- 58G Management of properties seized or forfeited under this Chapter
- 58H Notice of forfeiture of property
- 58I Forfeiture of property in certain case
- 58J Burden of proof
- 58K Fine in lieu of forfeiture
- 58L Procedure in relation to certain trust properties
- 58M Certain transfer to be null and void
- 58N Constitution of Applellate Tribunal
- 58O Appeals
- 58P Notice or order not to be invalid for error in description
- 58Q Bar of Jurisdiction
- 58R Competent Authority and Appellate Tribunal to have powers of civil court
- 58S Information to competent authority
- 58T Certain officers to assist Administrator, competent authority and Appellate Tribunal
- 58U Power to take possession
- 58V Rectification of mistakes
- 58W Findings under other laws not conclusive for proceedings under this Chapter
- 58X Service of notices and orders
- 58Y Punishment for acquiring property in relating to which proceeings have been taken under this Chapter