Section 12A in The Chennai Metropolitan Area Groundwater (Regulation) Act, 1987
12A. [ Seizure and confiscation of property. [Sections 12-A to 12-G were inserted by the Chennai Metropolitan Area Groundwater (Regulation) Amendment Act, 2002 (Tamil Nadu Act 37 of 2002) which came into force on 21st November 2002.]
(1)The Government may appoint an officer to be authorised officer to exercise the powers and perform the functions of the authorised officer under this section and sections 12-B and 12-G and different officers may be appointed as authorised officers for different areas.(2)Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Act is believed to have been committed, the competent authority may seize any vehicle or other article including pump, tube, tool or equipment used in committing offence under this Act and shall without any unreasonable delay, produce the vehicle together with the articles so seized before the authorised officer.(3)Where any vehicle or other article is produced before the authorised officer under sub-section (2) and if he is satisfied that an offence under this Act has been committed, the authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the vehicle or other articles so seized.(4)Where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or other article to be sold by public auction.(5)Where any confiscated property is sold under sub-section (4), and where the order of confiscation made under this section is set aside or annulled by an order under section 12-C or section 12-D, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.
