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The Special Powers Act, 1974

( ACT NO. XIV OF 1974 )

Control of subversive associations
19. (1) Notwithstanding anything contained in any other law for the time being in force, where the Government is satisfied with respect to any association that there is danger that the association may act in a manner or be used for purposes prejudicial to the maintenance of public order it may, after hearing the person or persons concerned, by order notified in the official Gazette, direct the association to suspend its activities for such period not exceeding six months as may be specified in the order.
(2) Where an order under sub-section (1) is in force in respect of an association, any officer authorised by the Government in this behalf may enter upon and search any premises used for the purposes of the association and take possession of any document belonging to or in the custody of the association which, in his opinion, may be used for purposes prejudicial to the maintenance of public order.
(3) Where an order has been made in respect of an association under sub-section (1), the Government may, by order notified in the official Gazette, direct that no funds or other property of the association shall be used, transferred or otherwise disposed of, or in any way dealt with, so long as the order under sub-section (1) remains in force.
(4) Where an order under sub-section (3) has been made in respect of an association, all claims of the employees or creditors of the association, or any other person, on the association or on the funds or property thereof, shall remain suspended, and the commencement or continuance of all actions and proceedings relating to such claim shall be stayed, for so long as the order remains in force.
(5) For the purposes of any suit, appeal or application by or against an association in respect of which an order under sub-section (3) has been made, the period during which the order remains in force shall, notwithstanding anything contained in the Limitation Act, 1908 (IX of 1908), be excluded in computing the period of limitation.
(6) No person shall so long as an order under sub-section (1) in respect of any association remains in force-
(a) manage or assist in managing the association ;
(b) promote or assist in promoting a meeting of any members of the association, or attend any such meeting in any capacity ;
(c) publish any notice or advertisement relating to any such meeting ;
(d) invite persons to support the association ; or
(e) otherwise in any way assist the operation of the association.
(7) A copy of an order under this section shall be served on the president, chairman, secretary or other officer or person concerned with the management of the affairs of the association by whatever name called, or by leaving it or sending it by post to the association at the last known address of its principal office.
(8) If any person contravenes an order made under this section, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
(9) In this section, “association” includes a union or political party.

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Ministry of Law, Justice and Parliamentary Affairs