TaxTMI 
TaxTMI 
Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020
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....o this Order, or if it is so directed, shall stand repealed. 4. Where this Order requires that in any specified section or other portion of an Act, certain words shall be substituted for certain other words, or the certain words shall be omitted, such substitution or omission, as the case may be, shall, except where it is otherwise expressly provided, be made wherever the words referred to occur in that section or portion. 5. The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued, or anything duly done before the 31^st day of October, 2019; and any such notification, order commitment, attachment, bye-law, rule, regulation or anything may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after the commencement of this Order by the competent authority and in accordance with the provisions then applicable to such case. 6. (1) ....
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....r the dispute to Mediation or Conciliation.- (1) If during the pendency of petitions under sections 9 or 11 of the Act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to,- (a) mediation; or (b) conciliation. (2) The procedure for reference of a dispute to mediation is as under- (a) where a dispute has been referred for resolution by recourse to mediation, the procedure framed under that Act shall apply; (b) in case of a successful resolution of the dispute, the Mediator shall immediately forward the mediated settlement to the referral court; (c) on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same; (d) the court shall record a statement on oath of the parties, or their authorised representati....
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....settlement as well as statement to the above effect; (e) if satisfied, the court shall pass an order in terms of the settlement; (f) if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof; (g) if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses (iii), (iv) and (v); (h) such a mediated settlement, shall have the status of a modified arbitral award and may be enforced in the manner specified under section 36 of the Act. (3) With respect to reference of a dispute to conciliation, the provisions of Part III of the Act, shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this Act." 3. Amendment of sections 29A.- (a) for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference. Explanation.-For the p....
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....(B) In Order VII, after Rule 2, insert the following Rule, namely:- "2A. Where interest is sought in the suit.-(1) Where the plaintiff seeks interests, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3). (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. (3) Pleadings shall also state- (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; (d) the total amount of interest claimed to the date calculation; and (e) the daily rate at which interest accrues after the date."; (C) In Order VIII,- (i) in Rule 1, for the proviso thereto, substitute the following proviso, namely,- "Provided that where the defen....
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....Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:- (a) documents referred and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiffs case; and (c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only- (i) for the cross-examination of the defendant's witnesses, or (ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or (iii) handed over to a witness merely to refresh his memory. (2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt and line of cus....
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....to documents produced by the defendants and relevant only- (i) for the cross-examination of the plaintiff's witnesses; (ii) in answer to any case setup by the plaintiff subsequent to the filing of the plaint; or (iii) handed over to a witness merely to refresh his memory. (8) The list of documents filed with the written statement or counter-claim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document. (9) the written statement or counter-claim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with the written statement or counter-claim and that the defendant does not have in....
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....e into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for any order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently material at that stage, or on the ground of....
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....plary costs against a defaulting party, who willfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, control or custody or where a court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused. 4. Admission and denial of documents.-(1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the court. (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying: (a) correctness of contents of a document; (b) existence of a document; (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a document. Explanation.-A statement of admission or denial of the existence of a document made in accordance with clause (b) of sub-rule (2) shall include the admission or denial of the contents of a document. (3) Each party shall set out reasons for denying a d....
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....on on oath to be filed by a party shall specify - (a) the parties to such electronic record; (b) the manner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic record was printed; (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponent's knowledge of contents and correctness of contents; (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored; (i) that the printout or copy furnished was taken from the original computer or computer resource. (4) The parties relying on printouts or copy in electroni....
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....examination of all the witnesses is complete. 5. Case Management hearings during trial.- The court may, if necessary, also hold Case Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. 6. Powers of the court in a Case Management Hearing.-(1) In any Case Management Hearing held under this order, the court shall have the power to - (a) prior to the framing of issues, hear and decide any pending application filed by the parties under Order XIII-A; (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues; (c) extend or shorten the time for compliance with any practice, direction or court order if it finds sufficient reason to do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X; (f) consolidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed....
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....rt passed in a Case Management Hearing, the court shall have the power to- (a) condone such non-compliance by payment of costs to the court; (b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be; or (c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the imposition of costs is not adequate to ensure compliance‖. (F). Amendment of Order XVIII.-In Order XVIII of the Code,- (I) in Rule 2, after sub-rule (3), insert the following sub-rules, namely:- "(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record. (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party. ....
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....it of examination-in-chief as not constituting admissible evidence. 6. Format and guidelines of affidavit of evidence.-An affidavit must comply with the form and requirements set forth below:- (a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state- (i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief. (e) an affidavit should- (i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be div....
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....ing anything contained in sub-section (1) and sub-section (6), the Government of the Union territory of Jammu and Kashmir may appoint a person who has been in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir." B. Section 25A.-(i) for sub-sections (1) and (2), substitute- (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub-section (3), substitute "Director of Pros....
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....n (1), in third proviso thereto, omit clause (c). 14. THE FAMILY COURTS ACT, 1984 (66 of 1984) Section 1.- In sub-section (2), omit "except the State of Jammu and Kashmir" Section 19.- Omit sub-section (6) 15. THE GOVERNMENT SECURITIES ACT, 2006 (38 of 2006) Omit Section 33. 16. THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICES) ACT, 1954 (28 of 1954) Omit Section 23C. 17. THE HOMEOPATHY CENTRAL COUNCIL ACT, 1973 (59 of 1973) Section 2. -Omit sub-section (2) 18. THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 (104 of 1956) Omit Section 2A. 19. THE INCOME-TAX ACT, 1961 (43 of 1961) Omit Section 269S. 20. THE INDIAN FOREST ACT, 1927 (16 of 1927) Section 2.- (i) for clause (1), the following clauses shall be substituted, namely:- "(1) "authorised officer" means an officer authorized under sub-section (2) of section 52; (1A) "cattle" include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids; (1B) "forest based industry" means an industry or unit in which any forest produce is us....
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.... questions decided, orders issued and records prepared in connection with the constitution of such forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1) are applicable". Section 26. - In sub-section (1)- (i) in clause (e), substitute the word "dragging" with the words "dragging or removing"; (ii) in clause (f), substitute the words "the same" with the words "the same or any forest produce"; (iii) for clause (h), substitute the following clause, namely:-- "(h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose"; (iv) in the long line, for the words "six months, or with fine which may extend to five hundred rupees,", substitute the words "two years, or with fine which may extend to twenty five thousand rupees,"; Section 28.- (i) in sub-section (1), for the word "reserved forest",....
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....lowing section, namely:- "52. Seizure of property liable to confiscation and procedure thereof.- (1) When there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the 'authorised officer'): Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. (3) Subject to sub-section (5), where the authorised of....
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....rest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence: Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction. (7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of the cattle.‖. Insertion of section 52A to 52D.- After section 52, insert the following sections, namely:- "52A. Revision before Court of Sessions against order of confiscation.- (1) Any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, wit....
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....re Courts have jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts. (2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act. 52C. Power of search and seizure.- (1) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle. (2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, may enter such place with the objec....
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....e shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: Provided that before passing any order for disposal of property the Magistrate shall satisfy himself that no intimation under sub-section (4) of section 52 has been received by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made.". Section 55.- For sub-section (1), substitute the following sub-section:- "(1) All timber or forest produce which in either case is not the property of the Government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation upon conviction of the offender for such offence.". Section 56.- For the words "When the trial of", substitute the words, figures and letter, "Without prejudice to the provisions of sectio....
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....ct or in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable". Insertion of section 65A and 65B.-After section 65, insert the following sections, namely:- "65A.Requisition for police assistance.-Any forest officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sections 52,63 and 64 and it shall be the duty of every such officer to comply with such requisition. 65B. Police officers bound to seek technical clearance from Authorized Officer.-Any police officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act." Section 67.- For the words ―not exceeding six months, or fine not exceeding five hundred rupees", substitute the words ―not exceeding two years or with fine not exceeding twenty five thousand rupees". Section 68.- For section 68, substitute the following section, namely:- ....
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....ate and make a map of the same. (b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; (c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence; and (d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974): Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the rank of a Range Officer: Provided further that the powers under clause (d) shall not be exercised by a forest officer below the rank of a Divisional Forest Officer. (2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the accused person. (3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act." Section 74.- For section 74, substitute the following section, namely:- "74. Indemnity f....
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....ch may extend to two years or with fine which may extend to twenty five thousand rupees, or both." Section 77.- For the words "extend to one month, or fine which may extend to five hundred rupees", substitute the words "extend to two years or with fine which may extend to twenty five thousand rupees". Section 79.- In sub-section (2), in the long line, for the words "shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees" substitute the words, "shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees". Insertion of sections 79A to 79C.-After section 79, insert the following sections, namely:- "79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.- (1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision....
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....determined in consultation with the Divisional Forest Officer and all fines imposed under this section shall be recoverable as arrears of land revenue. 79C. Appeal against order of Deputy Commissioner.- An appeal against every order passed under section 79B may be made to the concerned Divisional Commissioner whose decision thereon shall be final.‖ Section 82.- For section 82, substitute the following section, namely:- "82. Recovery of money due to Government - All money payable to the Government under this Act or under any rule made under this Act, or on account of the price of timber, or other forest produce, or of expenses incurred in execution of this Act in respect of timber and other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under authority of a forest officer and all compensation awarded to the Government under this Act shall, if not paid when due, be r....
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.... them may be appointed as Chairperson thereof. 82-D. Powers of the Authority.- (1) The Authority shall, for purposes of holding inquiry for determining the extent of advantage or benefit or value thereof or the amount of compensation, as the case may be, under section 82-B, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person or witness and examining him on oath or solemn affirmation; (b) requiring the discovery or production of any document relating to the subject matter of inquiry; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof relating to the subject matter of inquiry from any court or office; and (e) issuing commissions for examination of witnesses, documents or other books of accounts relating to the subject matter of inquiry. (2) The Authority shall also have power to issue a commission to such person as it considers fit for local investigation which may be requisite or proper for the purpose of elucidating any matter whi....
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....wn procedure in all matters arising out of or connected with the discharge of its functions, in consonance with the principles of natural justice. (2) The parties shall have a right of being represented by counsel. 82-G. Appeal.- (1) Any person aggrieved by a final order of the Authority, determining the extent of advantage or benefit or value thereof or the amount of compensation under section 82-B, may, within thirty days of the date of the order, file an appeal against such order before the High Court and every such appeal shall be heard by a Division Bench of the High Court. (2) No other order of the Authority shall be appealable. (3) The order of the Authority shall, subject to the decision of the High Court under sub-section (1) in appeal, be final and shall be deemed to be a certificate within the meaning of section 90 of the Jammu and Kashmir Land Revenue Act, 1996. (4) No further appeal shall lie against the decision of the High Court. 82-H. Exclusion of jurisdiction of Civil Court.- No Civil Court shall have jurisdiction to entertain any suit or other proceeding in respect of any matter which the Authority ha....
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....re that any of the provisions of this Act shall apply to any land which is the property of the Government of the Union territory of Jammu and Kashmir or the Central Government, and thereupon such provisions shall apply to such land accordingly." 21. THE INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970 (48 of 1970) Omit sub-section (2) of Section 2. 22. THE INDIAN PENAL CODE, 1860 (45 of 1860) 354E .- After section 354D, insert the following section, namely:- "354E. Sextortion.-(1) Whoever,- (a) being in a position of authority; or (b) being in a fiduciary relationship; or (c) being a public servant, abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from any woman in exchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion. Explanation.-For the purpose of this section, 'sexual favour' shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit acti....
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.... of 1963) Omit Section 9. 27. THE PRESS AND REGISTRATION OF BOOKS ACT, 1867 (25 of 1867) In section 1, omit sub-section (2). 28. THE PRESS COUNCIL ACT, 1978 (37 of 1978) Section 3.- Omit ―Jammu and Kashmir or". 29. THE PREVENTION OF CORRUPTION ACT, 1988 (49 of 1988) Insertion of section 17B.- After section 17A, insert the following section, namely:- "17B. Establishment of Anti-Corruption Bureau for the Union territory of Jammu and Kashmir."(1) Notwithstanding anything contained in this Act, the Government of Union territory of Jammu and Kashmir shall, by notification in the Official Gazette, establish a Bureau for investigation of offences under this Act under the name of 'Anti-Corruption Bureau'. (2) The Bureau shall consist of the Director and such other officers and staff subordinate to him as the Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint. (3) The qualification of officers (other than the Director) shall be such as may be prescribed by the Government of Union territory of Jammu and Kashmir: Provided that till qualification of officers (other than ....
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....erwise dealt with to defeat the prosecution of the case direct that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the Designated Authority. Explanation.- For the purposes of this section, ―attachment‖ shall include temporarily assuming the custody, possession and/or control of such property]. (2) The Investigating officer shall inform the Designated Authority, within forty eight hours, of the seizure or attachment of such property together with a report of the circumstances occasioning the seizure or attachment of such property, as the case may be. (3) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of seizure or attachment so issued within [thirty days]: Provided that an opportunity of being heard shall be afforded to the Investigating Officer and the person whose property is being attached or seized before making any order under this sub-section: Provided further that till disposal of the case the Designated Authori....
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....cial Court - (a) unless the person holding or in possession of such property is given a notice in writing informing him of the grounds on which it is proposed to forfeit such property and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter; (b) if the person holding or in possession of such property establishes that he is a bona fide transferee of such property for value without knowing that such property has been so acquired. 17F. Appeal.- (1) Any person aggrieved by order of the Special Court under section 17D may within one month from the date of the receipt of such order, appeal to the High Court of Jammu and Kashmir. (2) Where any order under section 17D is modified or annulled by the High Court or where in a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of the special court has been made is acquitted, such property shall be returned to him and in either case if it is not possible for any r....