37. The provisions of section 36 shall not affect -

(a) the rights of any person who has any mortgage or charge in respect of any property liable to forfeiture under that section where -

(i) the mortgage or charge was created before the commission of the specified offence bona fide and for valuable consideration;

(ii) the mortgagee or chargee was not concerned in or privy to the commission of the offence; or

(b) the right of any local authority to recover any arrears of revenue by the sale of any such property.