—(1) Where any donation, being a donation which, by virtue of section 8, any political association is prohibited from accepting, is made to a political association and has been accepted by the association, a District Court may, on the application of the Public Prosecutor, order the forfeiture by the political association of an amount equal to the value of the donation.
(2) Where, on an application by the Public Prosecutor under subsection (1), the District Court makes an order of forfeiture or refuses the application, the political association concerned or the Public Prosecutor, as the case may be, may, before the end of the period of 30 days beginning with the date of the order or refusal to order, appeal to the High Court.
(3) An appeal under subsection (2) shall be by way of a rehearing; and the High Court hearing such appeal may make such order as it considers appropriate.
(4) The standard of proof in proceedings under this section shall be that applicable to civil proceedings.
(5) An order may be made under this section whether or not proceedings are brought against any person for an offence connected with the donation.
(6) Any amount forfeited by an order under this section shall be paid into the Consolidated Fund.
(7) Where an appeal is made under subsection (2), subsection (6) shall not apply before the appeal is determined or otherwise disposed of.
(8) In the case of a political association which is not a body corporate —
proceedings under this section shall be brought against or by the political association in its own name (and not in that of any of its members);
for the purposes of any such proceedings any rules of court relating to the service of documents shall apply as if the political association were a body corporate; and
any amount forfeited by an order under this section shall be paid out of the funds of that political association.
(9) Where any amount forfeited by an order of the District Court under subsection (1) or an order of the High Court under subsection (3) where there is an appeal, is not paid in compliance with the terms of the order, the District Court or High Court, as the case may be, may, on the application of the Public Prosecutor, issue a warrant for the levy of the amount forfeited against any property belonging to the political association concerned.
(10) Such a warrant may be executed in the same manner as a warrant for the levy of the amount of a fine under section 319(1)(b)(iii) of the Criminal Procedure Code 2010.
[15/2010 wef 02/01/2011]
(11) Where any amount recovered under any warrant issued under subsection (9) is in excess of the amount forfeited under this section, the balance shall be returned to the political association concerned.