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Section 8 – Unlawful Activities (Prevention) Act, 1967

Unlawful Activities (Prevention) Act, 1967

 

Section 8. Power to notify places used for the purpose of an unlawful association

 

(1) Where 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 any place, which in its opinion is used for the purpose 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.

 

(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 (other than wearing-appear, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and food-stuffs and such other articles as he considers to be of a trivial nature) found in the notified place in the presence of two respectable witnesses.

 

(3) If, in the opinion of the District Magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the District Magistrate.

 

(4) The District Magistrate may thereupon make ail 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:

 

Provided that nothing in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.

 

(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, not below the rank of sub-inspector, 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 detail 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.

 

(7) If any person is in the notified place in contravention of an order made under sub-section (4), then, without prejudice to any other proceedings, which may be taken against him, he may he removed therefrom by any 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 subsection (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 purpose of the unlawful association; or

 

(b) For setting aside the order made under subsection (3) or sub-section (4) and on receipt of the application the Court of District Judge shall, after giving the parties an opportunity of being heard, decide the question.

 

 

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Unlawful Activities (Prevention) Act, 1967

 

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