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Section 14 -The Cable television Networks (Regulations) Ordinance, 1995

The Cable Television Networks (Regulations) Ordinance Act, 1995

 

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 representations in writing , within such reasonable time as may specified in the notice against the confiscation and if he do desires of being heard in the matter.

 

Provided that where no such notice is giving within a period of ten days from the date of seizure of the equipment, such equipment shall be returned after the expiry of that period to the cable operator form 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).

 

COMMENTS

 

Before any order adjudicating confiscation of the equipment referred to in section 12 could be validly made, two conditions must be satisfied, namely:-

 

1. A notice in writing informing him of the grounds on which it is proposed to confiscate such equipment, and

 

2. A reasonable opportunity of making a representation in writing against the confiscation, have been given to the cable operator.

Such notices should also specify-

 

3. A reasonable time within which “representation” is to be made, and

 

4. If the cable operator desires of being heard in the matter.

Proviso to sub section (1) mandates that the equipment seized will have to be returned to the cable operator from whose possession it was seized where a notice stipulated in sub section 91) has not been given within 10 days from the date of the seizure thereof.

 

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) i.e., in relation to adjudicating confiscation.

 

 

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The Cable Television Networks (Regulations) Ordinance Act, 1995

 

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