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Unlawful Associations Act

THE UNLAWFUL ASSOCIATIONS ACT.
[India Act XIV, 1908.] (11
th 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 associati on’ means an association –
(a) which encourages or aids pers ons to commit acts of violence or
intimidation or of which the member s 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 Uni on may, by notification in the Gazette,
declare such association to be unlawful.
17. (1) Whoever is a member of an unlaw ful 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, sh all be punished with imprisonment for
a term [which shall not be less than tw o years and more than three years and
shall also be liable to fine] (1).
(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 thereo f 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 ma y, 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 hous
e 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 ther eupon take possession of the notified
place and evict therefrom any person f ound therein, and shall forthwith
make a report of the taking possession to the President of the Union:
Provided that where such place contai ns any apartment occupied by women
or children, reasonable time and f acilities shall be afforded for their
withdrawal with the leas t possible inconvenience.
(3) A notified place whereof possession is taken under sub-section (2) shall
be deemed to remain in the possessi on 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 a ll movable property found therein and
shall make a list thereof in the pres ence 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 purpose s of the unlawful association, he may
proceed subject to the provisions hereafte r 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 re jected, 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 adjudicat ed upon the representation. Where the
decision is no confirmed the articles sh all 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 dow n 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 expedi ent, 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-secti on (1) of section 17A is cancelled,
the President of the Union shall give such general or special directions as he
may deem requisite regulation th e 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, secu rities 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 th e 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 pow er to enter upon an search for such
monies and securities in any premis es 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 f ound of his intention to forfeit, and any
person aggrieved thereby may within fi fteen 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 a ny of them are not liable to forfeiture,
and if any such application is made, no order of forfeiture sh all be passed in
respect of the monies, securities or cr edits 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 unde r 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 pe
rson
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 ac cordance 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 offi cer 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 s ection 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 ma nagement 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 ma de under sub-section (1) in respect of
any monies, securities or credits in re spect 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 or der, and the person to whom the
prohibitory order was directed shall pa y 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 s ection 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 su ch 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 th e payment of money; and the market
value of any security means the valu e as fixed y any officer or person
deputed by the President of the President of the Union.
(11) Except sol far as is necessary fo r the Purposes of any proceeding Under
this section, no information obtained in the course of any investigation made
under sub-section (6) shall be divul ged 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 secti ons 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 cr iminal proceeding shall be instituted
against any person for anything in goo d faith done or intended to be done
under the said sections or against Gove rnment 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 ha s 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 co mbination for the purposes of such
association continues betwee n any members thereof.

(1) Substituted by Act LXI, 1954.
(2 ) Deleted ibid

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