CHAPTER III
SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT
11. Power to seize equipmqnt used for operating the cable television network.-- (1) If any officer,
not below the rank of a Group A officer of the Central Government authorised
in this behalf by the Government (hereinafter referred to as the authorised officer), has
reason to believe that the provisions of section 3 have been or are being contravened by
any cable operator , he may seize the
equipment being used by such cable operator for
operating the cable television network .
(2) No such equipment shall be retained by the authorised
officer for a period exceeding ten days from the date of its seizure unless the approval
of the District Judge, within the local limits of whose jurisdiction such seizure has been
made, has been obtained for such retention.
12. Confiscation.-- The equipment seized under sub-section (1) of
section 11 shall be liable to confiscation unless the cable operator from whom the equipment has been
seized registers himself as a cable operator under
section 4 within a period of thirty days from the date of seizure of the said equipment.
13. Seizure or confiscation of equipmqnt not to interfere with other
punishment.-- No seizure or confiscation of equipment referred to in section 11 or section
12 shall prevent the infliction of any punishment to which the person affected thereby is liable under the
provisions of this Act.
14. Giving of opportunuty to the cable operator of seized equipment.-- (1) No
order adjudicating confiscation of the equipment referred to in section 12 shall be made
unless the cable operator has been given a
notice in writing informing him of the grounds on which it is proposed to confiscate such
equipment and giving him a reasonable opportunity of making a representation in writing,
within such reasonable time as may be specified in the notice against the confiscation and
if he so desires of being heard in the matter :
Provided that where no such notice is given within a period of ten days from the date of
the seizure of the equipment, such equipment shall be returned after the expiry of that
period to the cable operator from whose
possession it was seized.
(2) Save as otherwise provided in
sub-section (1), the provisions of the Code of Civil Procedure, 1908 shall, so far as may
be, apply to every proceeding referred to in sub-section (1).
15. Appeal.-- (1) Any person aggrieved
by any decision of the court adjudicating a confiscation of the equipment may prefer an
appeal to the court to which an appeal lies from the decision of such Court.
(2) The appellate court may, after
giving the appellant an opportunity of being heard, pass such order as it thinks fit
confirming, modifying or revising the decision appealed against or may send back the case
with such directions as it may think fit for a fresh decision or adjudication, as the case
may be, after taking additional evidence if necessary.
(3) No further appeal shall lie
against the order of the court made under sub-section (2).