THE UNLAWFUL ASSOCIATIONS ACT.
[India
Act XIV, 1908.] (11th December 1908)]
1-14.
*
*
*
PART
II.
UNLAWFUL
ASSOCIATIONS.
15.
In this Part -
(1)
"association" means any combination or
body of persons, whether the same be known by any distinctive
name or not; and
(2)
"unlawful association' means an association
-
(a)
which encourages or aids persons to commit acts of
violence or intimidation or of which the members habitually
commit such acts, or
(b)
which
has been declared to be unlawful by the President of the
Union-under the powers hereby conferred.
16.
If the President of the Union is of opinion that any association
interferes of has for its object interference with the administration
of the low of with the maintenance of law and order, or
that it constitutes an danger to the public peace, the President
of the Union may, by notification in the Gazette, declare
such association to be unlawful.
17. (1) Whoever is a member
of an unlawful association, or takes part in meetings of
any such association, or contributes or receives or solicits
any contribution for the purpose of any such association
or in any way assists the operations of any such association,
shall be punished with imprisonment for a term [which shall
not be less than two years and more than three years and
shall also be liable to fine].
(2) Whoever manages or assists in the management
of an unlawful association, or promotes or assists in promoting
a meeting of any such association, or of any members thereof
as such members, shall be punished with imprisonment for
a term [which shall not be less than three years and more
than five years and shall also be liable to fine] (1)
(3) *
*
* (2)
17A. (1) The president
of the Union may, by notification in the Gazette, mortify
and place which in his opinion is used for the purposes
of an unlawful association.
Explanation - For the purposes of this
section "place" includes an house or building, or part thereof,
or a tent or vessel.
(2) The District Magistrate, or any officer
authorized in this behalf in writing by the District Magistrate,
may thereupon take possession of the notified place and
evict therefrom any person found therein, and shall forthwith
make a report of the taking possession to the President
of the Union:
Provided that where such place contains
any apartment occupied by women or children, reasonable
time and facilities shall be afforded for their withdrawal
with the least possible inconvenience.
(3) A notified place whereof possession
is taken under sub-section (2) shall be deemed to remain
in the possession of Government so long as the notification
under sub section (1) in respect thereof remains in force.
17B. (1) The District
Magistrate, or officer taking possession of a notified place,
shall also take possession of all movable property found
therein and shall make a list thereof in the presence of
two respectable witnesses.
(2) If, in the
opinion if the District magistrate, any articles specified
in the list are or may be used for the purposes of the unlawful
association, he may proceed subject to the provisions hereafter
contained in this section to order such articles to be forfeited
to the State.
(3) All other
articles specified in the list shall be delivered to the
person whom he considers to be entitled to possession thereof,
or, if no such person is found, shall be disposed of in
such manner as the District Magistrate may direct.
(4) The District
magistrate shall publish, as nearly as may be in the manner
provided in section 87 of the code of Criminal procedure
for the publication of a proclamation, a notice specifying
the articles which it is proposed to forfeit and calling
upon any person claiming that any article is not liable
to forfeiture to submit in writing within fifteen days any
representation he desires to make against the forfeiture
of the article.
(5) Where any
such representation is accepted by the District Magistrate,
he shall deal with the article concerned in accordance with
the provisions of sub-section (3).
(6) Where any
such representation is rejected, the representation, with
the decision thereon, shall be forwarded to the District
Judge, in the case of a decision by a District Magistrate,
and no order of forfeiture shall be made until the district
Judge has adjudicated upon the representation. Where the
decision is no confirmed the articles shall be dealt with
in accordance with the provisions of sub-section (3).
(7) In making
adjudication under sub-section (6) the procedure to be followed
shall be the procedure laid down in the code of civil Procedure
for the investigation of claims, so far as it can be made
to apply, and the decision of the District Judge shall be
final.
(8) If the article
seized is livestock or is of a perishable nature, the District
Magistrate may, if he thinks it expedient, order the immediate
sale thereof, and the proceeds of the sale shall be disposed
of in the manner herein provided for the disposal of other
articles.
17C.
Any person who enters or remains upon a notified
place with out the permission of the district magistrate,
or of an officer authorized by him in this behalf, shall
be deemed to commit criminal trespass.
17D. Before a notification
under sub-section (1) of section 17A is cancelled, the President
of the Union shall give such general or special directions
as he may deem requisite regulation the relinquishment by
government of possession of notified places.
17E. (1) Where the President
of the Union is satisfied, after such inquiry as he may
think fit, that any monies, securities or credits are beig
used or are intended to be used for the purposes of an unlawful
association, the President of the Union may, by order in
writing, declare such monies, securities or credits to be
forfeited to the State.
(2) a copy of an order under sub-section
(1) may be served on the person
copy such person shall pay or deliver the monies,
securities or credits to the order of the President of the
Union.:
Provided that, in the case of monies or
securities, a copy of the order may be endorsed for execution
to such officer as the President of the Union may select,
and such officer shall have power to enter upon an search
for such monies and securities in any premises where they
may reasonably be suspected to be, and to seize the same.
(3) Before and order of forfeiture is made
under sub-section (1) the President of the Union shall give
written notice to the person (if any) in whose custody the
monies, securities or credits are found of his intention
to forfeit, and any person aggrieved thereby may within
fifteen days from the issue of such notice file and application
to the District Judge in a District to establish that the
monies, securities or credits or any of them are not liable
to forfeiture, and if any such application is made, no order
of forfeiture shall be passed in respect of the monies,
securities or credits concerned until such application has
been disposed of and unless the District Judge has decided that the monies,
securities or credits are liable to forfeiture.
(4) In disposing of an application under
sub-section (3) the procedure to the investigation or claims,
so far as it can be made to apply, and the decision of the
District Judge shall be final.
(5) Where the President of the Union has
reason to believe that any person has custody of any monies,
securities or credits which are being used or are intended
to be used for the purposes of an unlawful association,
the President of the Union may, by order in writing, prohibit
such person from paying, delivering, transferring or otherwise
dealing in any manner whatsoever with the same, save in
accordance with the written orders of the President of the
Union. A copy of such order shall be served upon the person
to whom it is directed.
(6) The President of the Union may endorse
a copy of an order under sub-section (3) for investigation
to any officer he may select, and such copy shall be warrant
whereunder such officer may enter upon any premises of the
person to whom the order is directed, examine the books
of such person, search for monies and securities, and make
inquiries from such person, or any officer, agent or servant
of such person, touching the origin of and dealings in any
monies, securities or credits which the investigating officer
may suspect are being used or are intended to be used for
the purposes of an
unlawful association.
(7) A copy of an order under this section
may be served in the manner provided in the Code of Criminal
Procedure for the service of a summons, or, where the person
to be served is a corporation, company, bank or association
of persons, it may be served on any secretary, director
or other officer or person concerned with the management
thereof, or by leaving it or sending it by post addressed
to the corporation, company, bank or association at its
registered office, or, where there is no registered office,
at the place where it carries on business.
(8) Where and order of forfeiture is made
under sub-section (1) in respect of any monies, securities
or credits in respect of which a prohibitory order has been
made under sub-section (3), such order of forfeiture shall
have effect from the date of the prohibitory order, and
the person to whom the prohibitory order was directed shall
pay or deliver the whole of the monies, securities, or credits
forfeited to the order of the President of the Union.
(9) Where any person liable under this
section to pay or deliver any monies, securities or credits
to the order of the President of the Union refuses or fails
to comply with any direction of the President of the Union
in this behalf, the President of the Union may recover from
such person, as arrears of land-revenue or as a fine, the
amount of such monies or credits or the market value of
such securities.
(10) In this section, "security"
includes a document whereby any person acknowledges that
he is under a legal liability to pay money, or whereunder
any person obtains a legal right to the payment of money;
and the market value of any security means the value as
fixed y any officer or person deputed by the President of
the President of the Union.
(11) Except sol far as is necessary for
the Purposes of any proceeding Under this section, no information
obtained in the course of any investigation made under sub-section
(6) shall be divulged by any officer of Government without
the consent of the President of the Union.
17F.
Every report of the taking possession of property
and every declaration of forfeiture made, or purporting
to be made under this Act shall, as against all persons,
be conclusive proof that the property specified therein
has been taken possession of by Government or has been forfeited,
as the case may be, and save as provided in sections 17B
and 17E no proceeding purporting to be taken under section
17A, 17B, 17C, 17D, or 17E, shall be called in question
by any Court, and no civil or criminal proceeding shall
be instituted against any person for anything in good faith
done or intended to be done under the said sections or against
Government or person action on behalf of or by authority
of Government for any loss or damage caused to or in respect
of any property whereof possession has been taken by government
under this Act.
18. An association shall not be deemed
to have ceased to exist by reason only of any formal act
of dissolution or change of title, but shall be deemed to
continue so long as any actual combination for the purposes
of such association continues between any members thereof.
