(1) Whore an association has been declared unlawful by a notification issued under section 3 which has become effective under sub-section (3) of that section, the Central Government may, by notification in the Official Gazette, notify and place which in its opinion is used for the purposes of such unlawful association.
Explanation,—For the purposes of this sub-section, "place" includes a house or building, or part thereof, or a tent or vessel.
Power to notify places used for the purpose of an unlawful association and consequences following from such notification.
{2) On the issue of a notification under sub-section (1), the District Magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties found in the notified place in the presence of two respectable witnesses.
(3) If, in the opinion of the District Magistrate, any articles •>ecified in the list are or may be used for the purposes of the unlawful association, he may make an order prohibiting any person from using the article save in accordance with the written orders of the District Magistrate.
(4) The District Magistrate or any officer authorised by him in writing in this behalf may thereupon make an order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the District Magistrate, enter, or be on or in, the notified place.
(5) Where in pursuance of sub-section (4), any person is granted permission to enter, or to be on or in, the notified place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the District Magistrate.
(6) Any police officer or any other person authorised in this behalf by the Central Government may search any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him :
Provided that no female shall be searched in pursuance of this sub-section except by a female.
242 THE GAZETTE OF INDIA EXTRAORDINARY [PART U
(7) If any person is in the notified place in contravention of an older made under sub-section (4), then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any police officer or by any other person authorised in this behalf by the Central Government,
(8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under sub-section
(3) or sub-section (4) may, within thirty days from the date of the notification or order, as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdiction such notified place is situate—
(a) for declaration that the place has not been used for the purposes of the unlawful association, or
(b) for setting aside the order made under sub-section (3) or sub-section (4), and on receipt of the application the Court of the District Judge shall, after giving the parties an opportunity of being heard, decide the question.
Procedure to be followed in the disposal of applications under this Ordinance.
9. Subject to any rules that may be made under this Ordinance, the procedure to be followed by the Tribunal in holding any inquiry under sub-section (3) of section 4 or by a Court of the District Judge in disposing of any application under sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the procedure laid down in the Code of Civil Procedure, 1908, for the investigation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.
5 of 1908,
CHAPTER III OFFENCES AND PENALTIES Penalty for being members of an unlawful association.
10. Whoever is a member of an association declared unlawful by a notification under section 3 which has become effective under sub-section (3) of that section, or takes part in meetings of any such unlawful association, or contributes or receives or solicits any contribution for the purpose of any such unlawful association, or in any way assists the operations of any such unlawful association, shall be punishable with imprisonment for a term which may extend to—
(a) seven years, where such association has for its object any unlawful activity which is intended to overthrow the Government as by law established, by—
5EC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 243
(i) force or violence or show of force or violence;
(ii) rendering assistance to an enemy or to any country which by war or aggression, has threatened, or is threatening, the security of India;
(b) three years, in any other case, and shall also be liable to fine.
5 of i8yB.
11. If any person on whom a prohibitory order has been served under sub-section (1) of sr^tion 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibitory order, he shall be punishable with imprisonment for a term which may extend to three year", or with fine, or with both, and notwithstanding anything contained in the Code of Criminal Procedure, 1898, the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit.
Penalty for dealing with funds of an unlawful association.
12. (?) Whoever uses any article in respect of which a prohibitory order has been made under sub-section (3) of section 8 shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine.
(2) Whoever is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under sub-section
(4) of section 8 shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine.
Penalty for contravention of an order made in respect of a notified place.
3 of 1898.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under sub-section (1) or sub-section (2) shall be cognizable.