Amendment status not verified — confirm the current text below against the official source.
Absolute attachment.- (1) On receipt of an application under the provisions of this Act, the Recovery Commissioner shall, unless for reasons to be recorded in writing, is of the opinion that,- (i) there exist prima facie grounds to believe that the person in respect of whom the application is made has acquired property through illegal mining; or (ii) has procured thereby any money or other property through illegal mining -shall pass without delay, an absolute order attaching the money or other property alleged to have been so procured, including the property alienated to the family members or any other person or if it transpires that such money or other property is not available for attachment, such other property of the said person of equivalent value, as he may think fit: Provided that the Recovery Commissioner may, if he thinks fit before passing such order, and shall before refusing to pass such order, examine the person or persons making the affidavit accompanying the application. (2) At the same time as The Recovery Commissioner passes an order under sub-section (1), he shall issue to the person whose money or other property is being attached, a notice, accompanied by copies of the order, the application and affidavits and of the evidence, if any, recorded, calling upon him to show cause on a date to be specified in the notice, why the order of attachment shall not be made absolute. (3) The Recovery Commissioner shall also issue, copies of the documents accompanying the notice under sub-section (2), to all persons represented to him as having or being likely to claim, any interest or title in the property of the person to whom notice is issued under the said sub-section calling upon each such person to appear on the same date as specified in the notice under the said sub-section and make objection if he so desires, to the attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof. (4) Any person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the Recovery Commissioner at any time before an order is passed under sub-section (1) or sub-section (3), as the case may be.