TaxTMI 
TaxTMI 
CENTRAL LAWS
X X X X Extracts X X X X
X X X X Extracts X X X X
....t 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 representatives, affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement; (e) if satisfied, the court shall pass an order in terms of the settlement; (f) if the main petiti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tition, 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 purposes of this sub-section, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment."; (b) in sub-section (4), omit second and third provisos. 4. Amendment of section 34.- ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lation 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 defendant fails to file the written statement with the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ntiffs 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 custody of each document. (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control, or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody. Explanation.- A declaration on oath under this sub-rule shall be contained in the Statement of Truth as set o....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 its power, possession, control or custody, any other documents. (10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, which were in the defendant's power, possession, control or custody and not disclosed along with the written statement or counter-claim, save and except by leave of court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure along with the written statement or counter-claim. (11) The written statement or counter-claim shall set out details of doc....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e 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 privilege or any other ground may be taken in the affidavit in answer. (7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow. (9) An affidavit in answer to interrogatories shall be....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the direction of the court. (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever. (5) An affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. (6) In the event that the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ip, 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 electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original Electronic Records. (5) The court may give directions for admissibility of electronic records at any stage of the proceedings. (6) Any party may seek directions from the court and the court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record.‖ (E). Insertion of Order XV-A.- After Order XV of the Code, insert....
X X X X Extracts X X X X
X X X X Extracts X X X X
....raming 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; (h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue; (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI; (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material; (o) delegate the recording of evidence to such authority appointed by the court for this purpose; (p) pass any order relating to t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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. (3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. (3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments. (3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and complexity of the matter". (II) In Rule 4, after sub-rule (1), insert the following sub-rules, namely:- "(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon". 4. Insertion of Appendix I.- After Appendix H, insert the following Appendix, namely:- "APPENDIX-I STATEMENT OF TRUTH [Under First Schedule, Order XI-Rule 1, sub-rule (3)] I_____________ the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavit. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. 3. I say that the statements made in________ paragraphs are true to my knowledge and statements made in _________________________ paragraphs are based ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 Prosecution" with "Director General of Prosecution"; (iii) for sub-section (4), substitute- "(4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director". (iv) substitute sub-section (5),- "Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under sub­section (1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General."; (v) for sub-section (7), substitute- "(7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules". C. Amendment of The First Schedule.- In the First Schedule of the Code of Criminal Procedure, 1973 after the entries relating to section 354E, insert the followin....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s, asses, pigs, ram, ewes, sheep, lambs, goats and kids; (1B) "forest based industry" means an industry or unit in which any forest produce is used as raw material or as a source of energy"; (ii) for clause (4), the following clause shall be substituted, namely:- "(4) "forest-produce" includes- (a) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchella spp), Aconitum spp, Podophyllum spp, Picrorhizaspp, Trillium spp, Nardostachys spp, Taxus spp, Valerianassp, Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not; and (b) the following when found in, or brought from, a forest, namely:-- (i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a); (ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants; (iii) silk, cocoons, honey and wax; and (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ord "reserved forest", substitute the words "reserved forest or declared a protected forest or is a land which has been entered in settlement records as khalsa land"; (ii) in sub-section (3) after the words "reserved forests", insert the words "or protected forests, as the case may be",. Section 29A.- After section 29, insert the following section- "29A. Undemarcated forests deemed to be protected forests.- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, any undemarcated forest (which means and includes all forest land other than demarcated forest which is the property of the Government of Union territory of Jammu and Kashmir and is not appropriated for any specific purpose and includes all the undemarcated and berun line forest vested in the Forest Department under the provisions of section 48 of the Jammu and Kashmir Village Panchayat Act, 1958 or any other law for the time being in force), prior to the appointed day notified under the Jammu and Kashmir Reorganization Act, 2019, shall be deemed to be a protected forest under this Act. (2) All questions decided, orders issued and records prepared in connection ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....st offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized. (4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer,- (a) sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made; (b) issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property; (c) affords an opportunity to the persons referred ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f Authorised Officer are situated. Explanation I.-In computing the period of thirty days under this sub-section, the time required for obtaining certified copy of the order of Authorised Officer shall be excluded. Explanation II.-For the purposes of this sub-section a party shall be deemed to have knowledge of the order of confiscation under section 52 on publication of such order in two daily newspapers having circulation in the State. (2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by the Authorised Officer. (3) Copies of the order passed in revision shall be sent to the Authorised Officer for compliance or passing such further order or for taking such further orders or for taking such further action as may be directed by such Court. (4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973. (5) Notwithstanding anything to the contrary contained in the Code of Criminal....
X X X X Extracts X X X X
X X X X Extracts X X X X
....cedure, 1973. 52D. Penalty for forcibly opposing seizure.- Whosoever opposes the seizure of any forest-produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to be seized under this Act, or forcibly receives the same after seizure, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both.". Section 53.- For section 53, substitute the following section, namely:- "53 Power to release property seized under section 52.- Any forest officer of a rank not inferior to that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... offence has been committed, but subject to section 52B, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest officer, or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim." Section 58.- For section 58, substitute the following section, namely:- "58. Procedure as to perishable property seized under section 52.- The Authorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold". Section 60.- Renumbered as sub-sect....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed: Provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence; and (b) when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause (a) of this sub­section, as estimated by such officer. (2) On the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property". Section 69.- For the words, ―contrary is proved", substitute the words ―contrary is proved by the accused". Section 69-A.- After section 69, insert the following section, namely:- "69-A. Double penalties for offences.-The penalties which are double of those mentioned under the provisions of this Act or rules framed thereunder shall be inflicted in cases wh....
X X X X Extracts X X X X
X X X X Extracts X X X X
....mmu and Kashmir". Section 76A.- After section 76, insert the following section, namely:- "76A. Power to regulate manufacture and preparation of articles based on forest produce.-(1) The Government of Union territory of Jammu and Kashmir may make rules,- (a) to provide for the establishment, and regulation by licence, permit or otherwise (and the payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the factories or industries engaged in the consumption of forest produce or manufacture or preparation of the following articles:- (i) katha (catechu) or kutch out of khairwood; (ii) rosin, turpentine, other products out of resin, and wood oil; (iii) plywood, veneer and wood-based products; (iv) match boxes and match splints; (v) boxes including packing cases made out of wood; (vi) joinery and furniture items made out of wood; (vii) charcoal, lime stone and gypsum; (viii) such other articles based on forest produce as the Government of Union territory of Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify; (b) to provide for the regulation by licence, perm....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82. (3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned Chief Conservator of Forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against. (4) On receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly. (5) The order passed on the appeal by the Chief Conservator of Forests shall be final. 79B. Summary action by Deputy Commissioner in fire cases.- If in any case under clauses (a) and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within which....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land revenue. 82-B. Restoration of advantage or benefit or payment of compensation.-Notwithstanding anything contained in this Act or in the Indian Contract Act, 1872, or in any other law for the time being in force,- (a) where any transaction or lease relating to sale of forest produce or extraction of timber from any forest is or is discovered to be void only on the ground that the transaction or lease is not in conformity with the provisions of article 299 of the Constitution of India or any order or direction issued thereunder, any person who has received any advantage or has enjoyed any benefit by virtue of such transaction or lease shall be bound to restore it or to make compensation for it, to the person or party from whom he received it; (b) the extent of any advantage or benefit or the amount of compensation payable in lieu thereof, referred to in clause (a), shall be determined in accordance with the provisions of this Act and the value of the advantage or benefit or the amount of compensation so determined shall be recoverable as arrears of land revenue. 8....
X X X X Extracts X X X X
X X X X Extracts X X X X
....thstanding anything contained in any law for the time being in force,- (a) where at any stage of the inquiry, the Authority is satisfied by affidavit or otherwise that a person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any transaction or lease referred to in section 82-B, is likely to alienate his movable or immovable property with intent to evade payment or to defeat the recovery, of the advantage or benefit or the value thereof or the amount of compensation, that may be determined by him, it may by order in writing direct that such person shall not alienate his movable and immovable property or such portion thereof, as it may specify in the order, during the pendency of the inquiry; (b) any alienation of property made in contravention of any order or direction issued under clause (a) shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. Explanation.-For the purposes of this section "alienation" includes mortgage, sale, gift, bequest, benami transaction, family settlement or any other mode of transfer of any right, title or interest in the property. (2) For ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ease deed, bond or instrument. (2) Any alienation of property made in contravention of sub-section (1) shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. (3) Any amount of royalty, interest, compensation or penalty or any other sum falling due from a forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue in accordance with the law for the time being in force, from the property offered by him or on his behalf as security and from any other movable or immovable property owned by the forest lessee. Explanation.- For the purposes of this section, (a) "alienation" includes sale, gift, exchange, bequest, mortgage, benami transaction, family settlement or any other mode of transfer of any right, title or interest therein or creation of any encumbrance threreon; (b) the expression "forest lessee" shall be construed to mean a person in whose favour a right to convert and remove forest produce from any forest has been granted under any lease deed, bond or instrument. (4) For removal of doubts it is hereby declared that restriction imposed under this section ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the Limitation Act, Samvat 1995, may be instituted within a period of one year next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period prescribed for such suit by the Limitation Act, Samvat 1995, whichever period expires earlier: Provided that if in respect of any such suit, the said period of one year expires earlier than period of limitation prescribed therefor under the Limitation Act, Samvat 1995 (now repealed) and the said period of one year together with so much of the period of limitation in respect of such suit under the said Act, as has already expired before the commencement of the Jammu and Kashmir Reorganisation Act, 2019 is shorter than the period prescribed for such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of limitation prescribed therefor under the Limitation Act, 1963; (b) Any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a period of ninety days next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... established under the provisions of this Act. Insertion of section 17C to 17G .- After section 17A, insert the following sections, namely:- "17C. Powers of attachment of property. - (1) If an officer (not below the rank of Deputy Superintendent of Police) of the Anti-Corruption Bureau, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of ‗criminal misconduct' as defined under section 5, he shall, with the prior approval in writing of the Director of the Anti-Corruption Bureau, make an order seizing such property and, where it is not practicable to seize such property, make an order of attachment directing 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 Designated Authority to be notified by the Government of Union territory of Jammu and Kashmir before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned: Provi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....appeal, within one month from the date of receipt of the order, to the Special Judge and the Special Court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property or pass such order as it may deem just and proper within a period of sixty days. (2) Where any property is seized or attached under section 17C and the Special Court is satisfied about such seizure or attachment, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached is prosecuted in the Special Court for an offence under this Act. (3) It shall be competent for the Special Court to make an order in respect of property seized or attached, - (a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as nearly as may be practicable, apply to the net proceeds of such sale; (b) nominating any officer of the Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the Special Court. 17E. Issue of sho....