Bare Acts

CHAPTER III SEIZURE AND CONFISCATION OF CERTAIN EQUIPMENT


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[11. Power to seize equipment used for operating cable television network.—If any authorised
officer has reason to believe that the provisions of section 3, section 4A, section 5, section 6, section 8,
section 9 or section 10 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:
Provided that the seizure of equipment in case of contravention of sections 5 and 6 shall be limited to
the programming service provided on the channel generated at the level of the cable operator.]
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 equipment 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.

1. Subs. by Act 21 of 2011, s. 7, for “equipment” (w.e.f.25-10-2011).
2. The proviso omitted by s. 7, ibid. (w.e.f. 25-10-2011).
3. Ins. by s. 8, ibid. (w.e.f. 25-10-2011).
4. Ins. by s. 9, ibid. (w.e.f. 25-10-2011).
5. Subs. by s. 10, ibid. for section 11 (w.e.f. 25-10-2011).
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14. Giving of opportunity 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
(5 of 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). 

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