[Application of Part.] Rep. by s.3, ibid.

[Inquiry by Magistrate.] Rep. by s.3, ibid.

[Inquiry to be ex parte.] Rep. by s.3, ibid.

[When accused person to be discharged.] Rep. by s.3, ibid.

[Power to send accused for trial.] Rep. by s.3, ibid.

[Joinder of charges.] Rep. by s.3, ibid.

[Charge, etc., to be forwarded to High Court.] Rep. by s.3, ibid.

[Power to summon supplementary witnesses.] Rep. by s.3, ibid.

[Witnesses for defence.] Rep. by s.3, ibid.

[Procedure in High Court.] Rep. by s.3, ibid.

[Bail.] Rep. by the Indian criminal law Amendment Repealing Act, 1922 (5 of 1922),s. 3.

[Special rules of evidence.] Rep. by the Indian criminal law Amendment Repealing Act, 1922 (5 of 1922), s. 3.

[Procedure] Rep. by s.3, ibid.

In this partu2014

(1) "association" means any combination or body of persons, whether the same be known by anydistinctive name or not; and

(2) "unlawful association" means an associationu2014

(a) which encourages or aids persons to commit acts of violence or intimidation or ofwhich the members habitually commit such acts, or

(b) which has been declared to be unlawful by the State Government under the powershereby conferred.

1[(1)] If the State Government is of opinion thatany association interferes or has for its object interference with the administration of the law or with themaintenance of law and order, or that it constitutes a danger to the public peace, the State Governmentmay, by notification in the Official Gazette, declare such association to be unlawful.

2

1. The original s. 16 renumbered as sub-section (1) of that section by Act 23 of 1932, s. 11.

2. Sub-section (2) rep. by the A.O. 1937. Earlier it was inserted by s. 11, ibid.,

(1) Whoever is a member of an unlawful association, or takes part in meetings ofany such association, or contributes or receives or solicits any contribution for the purpose of any suchassociation, or in any way assists the operations of any such association, shall be punished withimprisonment for a term which may extend to six months, or with fine, or with both.

(2) Whoever manages or assists in the management of an unlawful association, or promotes, orassists in promoting a meeting of any such association, or of any members thereof as such members, shallbe punished with imprisonment for a term which may extend to three years, or with fine, or with both.

1[(3) An offence under sub-section (1) shall be cognizable by the police, and notwithstanding anythingcontained in the Code of Criminal Procedure, 1898 (5 of 1898), shall be non-bailable.]

1. Ins. by s. 12, ibid.

1[17A. Power to notify and take possession of places used for the purposes of an unlawfulassociation.u2014(1) The State Government may, by notification in the Official Gazette, notify any placewhich in its opinion is used for the purposes of an unlawful association.

Explanation.u2014For the purposes of this section "place" includes a house or building, or part thereof ora tent or vessel.

(2) The District Magistrate or in a presidency-town the Commissioner of Police, or any officerauthorised in this behalf in writing by the District Magistrate or Commissioner of Police, as the case maybe, may thereupon take possession of the notified place and evict therefrom any person found therein, andshall forthwith make a report of the taking possession to the State Government:

Provided that where such place contains any apartment occupied by women or children, reasonabletime 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 inthe possession of Government so long as the notification under sub-section (1) in respect thereof remainsin force.

1. Ins. by s. 13, ibid.

(1) The District Magistrate, Commissionerof Police or officer taking possession of a notified place shall also take possession of all movable propertyfound therein, and shall make a list thereof in the presence of two respectable witnesses.

(2) If, in the opinion of the District Magistrate, or in a presidency-town the Commissioner of Police,any articles specified in the list are or may be used for the purposes of the unlawful association, he mayproceed subject to the provisions hereafter contained in this section to order such articles to be forfeited toGovernment.

(3) All other articles specified in the list shall be delivered to the person whom he considers to beentitled to possession' thereof, or, if no such person is found, shall be disposed of in such manner as theDistrict Magistrate or Commissioner of Police, as the case may be, may direct.

(4) The District Magistrate or Commissioner of Police shall publish, as nearly as may be in themanner provided in section 87 of the Code of Criminal Procedure, 1898 (5 of 1898), for the publication ofa proclamation, a notice specifying the articles which it is proposed to forfeit and calling upon any personclaiming that any article is not liable to forfeiture to submit in writing within fifteen days anyrepresentation he desires to make against the forfeiture of the article.

(5) Where any such representation is accepted by the District Magistrate or Commissioner of Police,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 beforwarded to the District Judge, in the case of a decision by a District Magistrate, or, to the Chief Judge ofthe Small Cause Court, in the case of a decision by the Commissioner of Police, and no order or forfeitureshall be made until the District Judge or Chief Judge of the Small Cause Court, as the case may be, hasadjudicated upon the representation. Where the decision is not confirmed the articles shall be dealt with inaccordance with the provisions of sub-section (3).

(7) In making an adjudication under sub-section (6) the procedure to be followed shall be theprocedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the investigation of claims sofar as it can be made to apply, and the decision of the District Judge or Chief Judge of the Small CauseCourt, as the case may be, shall be final.

(8) If the article seized is livestock or is of a perishable nature, the District Magistrate orCommissioner of Police may, if he thinks it expedient, order the immediate sale thereof, and the proceedsof the sale shall be disposed of in the manner herein provided for the disposal of other articles.

Any person who enters or remains upon a notified placewithout the permission of the District Magistrate, or of an officer authorized by him in this behalf, shallbe deemed to commit criminal trespass.

Before a notification under sub-section (1) of section17A is cancelled, the State Government shall give such general or special directions as it may deemrequisite regulating the relinquishment by Government of possession of notified places.

(1) Where the State Government issatisfied, after such inquiry as it may think fit, that any monies, securities or credits are being used or areintended to be used for the purposes of an unlawful association, the State Government may, by order inwriting, declare such monies, securities or credits to be forfeited to Government.

(2) A copy of an order under sub-section (1) may be served on the person having custody of themonies, securities or credits, and on the service of such copy such person shall pay or deliver the monies,securities or credits to the order of the State Government:

Provided that, in the case of monies or securities, a copy of the order may be endorsed for executionto such officer as the State Government may select, and such officer shall have power to enter upon andsearch for such monies and securities in any premises where they may reasonably be suspected to be, andto seize the same.

(3) Before an order of forfeiture is made under sub-section (1) the State Government shall givewritten notice to the person (if any) in whose custody the monies, securities or credits are found of its intention to forfeit, and any person aggrieved thereby may within fifteen days from the issue of suchnotice file an application to the District Judge in a district, or to the Chief Judge of the Small Cause Courtin a presidency-town, to establish that the monies, securities or credits or any of them are not liable toforfeiture, and if any such application is made, no order of forfeiture shall be passed in respect of themonies, securities or credits concerned until such application has been disposed of, and unless the DistrictJudge or Chief Judge of the Small Cause Court has decided that the monies, securities or credits are liableto forfeiture.

(4) In disposing of an application under sub-section (3) the procedure to be followed shall be theprocedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the investigation of claims sofar as it can be made to apply, and the decision of the District Judge or Chief Judge of the Small CauseCourt, as the case may be, shall be final.

(5) Where the State Government has reason to believe that any person has custody of any monies,securities or credits which are being used or arc intended to be used for the purposes of an unlawfulassociation, the State Government 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 thewritten orders of the State Government. A copy of such order shall be served upon the person to whom itis directed.

(6) The State Government may endorse a copy of an order under 1[Sub-section] (5) for investigationto any officer it may select, and such copy shall be warrant where under such officer may enter upon anypremises of the person to whom the order is directed, examine the books of such person search for moniesand 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 maysuspect arc 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 ofCriminal Procedure, 1898 (5 of 1898), for the service of a summons, or, where the person to be served isa corporation, company, bank or association of persons, it may be served on any secretary, director orother officer or person concerned with the management thereof, or by leaving it or sending it by postaddressed to the corporation, company, bank or association at its registered office, or, where there is noregistered office, at the place' where it carries on business.

(8) Where an order of forfeiture is made under sub-section (1) in respect of any monies, securities orcredits in respect of which a prohibitory order has been made under 1[sub-section (5)], such order offorfeiture shall have effect from the date of the prohibitory order, and the person to whom the prohibitoryorder was directed shall pay or deliver the whole of the monies, securities, or credits forfeited, to the orderof the State Government.

(9) Where any person liable under this section to pay or deliver any monies, securities, or credits tothe order of the State Government refuses or fails to comply with any direction of the State Governmentin this behalf, the State Government may recover from such person, as arrears of land-revenue or as afine, 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 isunder a legal liability to pay money, or where under any person obtains a legal right to the payment ofmoney; and the market value of any security means the value as fixed by any officer or person deputed bythe State Government in this behalf.

(11) Except so far as is necessary for the purposes of any proceeding under this section, noinformation obtained in the course of any investigation made under sub-section (6) shall be divulged byany officer of Government, without the consent of the State Government.

1. Subs. by Act 24 of 1934, s. 2 and the First Schedule, for "sub-section (3)".

Every report of the taking possession of property and every declaration offorfeiture made, or purporting to be made under this Act, shall, as against all persons, be conclusive proofthat the property specified therein has been taken possession of by Government or has been forfeited, asthe 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 orcriminal proceedings shall be instituted against any person for anything in good faith done or intended tobe done under the said sections or against Government or any person acting on behalf of or by authorityof Government for any loss or damage caused to or in respect of any property whereof possession hasbeen taken by Government under this Act.]

An association shall not be deemed to have ceased to exist byreasons only of any formal act of dissolution or change of title, but shall be deemed to continue so long asany actual combination for the purposes of such association continues between any members thereof.