The Prevention of Terrorism Act, 2002
9. Issue of show
cause notice before forfeiture of proceeds of terrorism.-
1. No
order forfeiting any proceeds of terrorism shall be made under section 8 unless
the person holding or in possession of such proceeds is given a notice in
writing informing h m of the grounds on which it is proposed to forfeit the
proceeds of terrorism 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 an is also given a reasonable
opportunity of being heard in the matter.
2. No
order of forfeiture shall be made under sub-section (1), if such person
establishes that he is a bona fide transferee of such proceeds for value
without knowing that they represent proceeds of terrorism.
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 shall, as nearly as may be practicable, apply to the net proceeds of such
sale;
b. nominating any
officer of the Central or State 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.