Section 58I of The Wild Life (Protection) Act, 1972
1[58-I. Forfeiture of property in certain cases.-- (1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
- (2)Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days.
- (3)Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances.
- (4)In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith.
- (5)Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares.]
Summary
- The competent authority reviews explanations and evidence to decide if property was legally or illegally acquired.
- The authority must give the affected person and any third party involved a fair chance to be heard.
- Forfeited property belongs to the State Government and is cleared of all previous claims or debts, which are called encumbrances.
- If property is proven to be legal, the notice is withdrawn and the assets are released immediately.
Practical examples
FAQ
1. Does forfeited property come with old debts or claims under Section 58I of this 1972 law?
No, Section 58I states that forfeited property shall stand forfeited to the State Government free from all encumbrances, which means old claims or liens are removed.
Test yourself
Q1.Under Section 58I of The Wild Life (Protection) Act, 1972, what must happen before property is declared forfeited?
Q2.If the competent authority is satisfied that properties are illegal but cannot identify them specifically, how much time do they have to specify them under Section 58I of the 1972 wildlife law?
Q3.What must a company do under Section 58I of The Wild Life (Protection) Act, 1972, if shares are forfeited to the State Government?
Q4.According to Section 58I, what happens if the affected person establishes that property from a Section 58H notice was acquired legally?