The Madhya Bharat Prohibition of Associations Dangerous to the Public Peace Act, Samvat 2005

The Madhya Bharat Prohibition of Associations 
Dangerous to the Public Peace Act, Samvat 2005 
M.P. Act No. 19 of 1949 (Samvat 2005) 
 
 
Received the assent of His Highness the Raj Pramukb on 5-2-1949.  
An Act for the prohibition of associations dangerous to the public peace.  
Whereas it is expedient to provide for the prohibit ion of associations dangerous to 
the public peace, it is hereby enacted as follows :- 
1. Short title, extent and commencement.  - (1) This Act may be called "The United 
State of Gwalior, Indore and Malwa (Madhya Bharat) Prohibition of Associations 
Dangerous to Public Peace Act, Samvat, 2005".  
(2) It extends to the whole of the [Madhya Bharat region]. 
(3) It shall come into force immediately on its pub lication in the Government Gazette 
of the United State of Gwalior, Indore and Malwa (Madhya Bharat).  
2. Definitions.  - In this Act,- 
(1) "association"  means any combination or body of persons, whether the same 
be known by any distinctive name or not; 
(2) "unlawful association"  means an association- 
(a) which encourages or aids persons to commit acts  of violence or 
intimidation or of which the members habitually commit such acts; or 
(b) which has been declared to be unlawful by the G overnment under the 
powers hereby conferred; 
(3) "Government"  means the Government of the United State; 
(4) "United State"  means the United State of Gwalior, Indore and Malwa (Madhya 
Bharat); 
(5) "Covenanting State"  means a State which has covenanted to unite for th e 
purpose of forming the United State and has subsequ ently merged in the said 
State or which may become merged in it in the future. 
3. Power to declare association unlawful.  - If the Government has reason to 
believe that any association interferes or has for its object interference with the 
administration of the law or with the maintenance o f law and order, or that it 
constitutes a danger to the public peace, it may, b y notification in the Official 
Gazette, declare such association to be unlawful.  
4. Penalties.  - (1) Whoever is a member of an unlawful associati on, or takes part in 
meetings of any such association, or contributes or  receives or solicits any 
contribution for the purpose of any such associatio n, or in any way assists the 
operations of any such association, shall be punish ed with imprisonment 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 or assists in promoting a meeting of any s uch association, or of any 
members thereof as such members, shall be punished with imprisonment for a term 
which may extend to three years, or with fine, or with both.  
(3) An offence under sub-section (1) shall be cogni zable by the police, and 
notwithstanding anything contained in the Criminal Procedure Code shall be non-
cognizable.  
5. Power to notify and take possession of places us ed for the purposes of an 
unlawful association.  - (1) The Government may, by notification in the Official 
Gazette , notify any place which in its opinion is used for  the purposes of an unlawful 
association.  
Explanation:  - For the purposes of this section 'place' include s a house or building, 
or part thereof, or a lent or vessel.  
(2) The District Magistrate or any officer authoris ed in this behalf in writing by him 
may thereupon take possession of the notified place  and evict therefrom any person 
found therein, and shall forthwith make a report of  the taking possession to the 
Government.  
Provided that where such place contains any apartme nt occupied by women or 
children, reasonable time and facilities shall be a fforded for their withdrawal with the 
least possible inconvenience.  
(3) A notified place whereof possession is taken un der sub-section (2) shall be 
deemed to remain in the possession of Government so  long as the notification under 
sub-section (1) in respect thereof remains in force.  
6. Movable property found in a notified place.  - (1) The District Magistrate or 
officer taking possession of a notified place shall also take possession of all movable 
property found therein, and shall make a list there of in the presence of two 
respectable witnesses.  
(2) If, in the opinion of the District Magistrate, any articles specified in the list are or 
may be used for the purposes of the unlawful association, he may proceed subject to 
the provisions hereafter contained in this section to order such articles to be forfeited 
to Government.  
(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 nearl y as may be in the manner provided 
in Section 87 of the Criminal Procedure Code, for t he publication, a notice specifying 
the articles which it is proposed to forfeit and ca lling upon any person claiming that 
any article is not liable to forfeiture to submit i n writing within thirty days any 
representation he desires to make against the forfeiture of the article.  
(5) Where any such representation is accepted by th e District Magistrate, 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 be forwarded to the High Court and n o order of forfeiture shall be 
made until the High Court has adjudicated upon the representation. Where the 
decision is not confirmed the articles shall be dea lt with in accordance with the 
provisions of sub-section (3).  
(7) In making an adjudication under sub-section (6)  the procedure to be followed 
shall be the procedure laid down in the Code of Civ il Procedure (which is in force for 
the time being in area concerned of the United Stat e) for the investigation of claims 
so far as it can be made to apply, and the decision of the High Court shall be final.  
(8) If the article seized is livestock or is of a p erishable nature, the District Magistrate 
may, if he thinks it expedient, 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.  
7. Trespass upon notified places.  - Any person who enters or remains upon a 
notified place without the permission of the Distri ct Magistrate, or of an officer 
authorised by him in this behalf, he shall be deemed to commit criminal trespass.  
8. The relinquishment of property.  - Before a notification under sub-section (1) of 
Section 5 is cancelled, the Government shall give s uch general or special directions 
as it may deem requisite regulating the relinquishment by Government of possession 
of notified places.  
9. Power to forfeit funds of an unlawful associatio n.  - (1) Where the Government 
is satisfied, after such inquiry as it may think fi t, that any monies, securities or credits 
are being used or are intended to be used for the p urposes of an unlawful 
association, if may, by order in writing declare su ch monies, securities or credits to 
be forfeited to the Government.  
(2) A copy of an order under sub-section (1) may be  served on the person having 
custody of the monies, securities or credits, and o n the service of such person shall 
pay or deliver the monies, securities or credits to the order of the Government :  
Provided that, in the case of monies or securities a copy of the order may be 
endorsed for execution to such officer as the Gover nment may select, and such 
officer shall have power to enter upon and search f or such monies and securities in 
any premises where they may reasonably be suspected  to be, and to seize the 
same.  
(3) Before an order of forfeiture is made under sub -section (1) the Government shall 
give written 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 thirty days from the issue of such notice fi le an application to the High Court to 
establish that the monies, securities or credits or  any of them are not liable to 
forfeiture, and if any such application is made, no  order of forfeiture shall be passed 
in respect of the monies, securities or credits con cerned until such application has 
been disposed of, and unless the High Court has dec ided that the monies, securities 
or credits are liable to forfeiture.  
(4) In disposing of an application filed under sub- section (3) the procedure to be 
followed shall be the procedure laid down in the Co de of Civil Procedure (which is in 
force for the time being in area concerned of the United State) for the investigation of 
claims so far as it can be made to apply, and the d ecision of the High Court shall be 
final.  
(5) Where the Government has reason to believe that  any person has custody of 
monies, securities or credits which are being used or are intended to be used for the 
purposes of an unlawful association, the Government  may, by order in writing, 
prohibit such person from paying, delivering, trans ferring on otherwise dealing in any 
manner whatsoever with the same, save in accordance  with the written orders of the 
Government. A copy of such order shall be served up on the person to whom it is 
directed.  
(6) The Government may endorse a copy of an order u nder sub-section (5) for 
investigation to any officer it may select, such co py shall be warrant whereunder 
such officer may enter upon any premises of the per son to whom the order is 
directed examine the books of such person, search f or monies and securities, and 
make inquiries from such person or any of his offic ers, agents or servants touching 
the origin of and dealings in any monies, securitie s 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 section may be se rved in the manner provided in 
the Criminal Procedure Code for the service of a su mmons or where the person to 
be served is a corporation, company, bank or associ ation of persons, it may be 
served on any secretary, director or other officer or person connected with the 
management thereof, or by leaving it or sending it by post addressed to the 
corporation, company, bank or association at its re gistered office, or where there is 
no registered 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 or credits in respect of which a  prohibitory order has been made 
under sub-section (5), such order of forfeiture sha ll have effect from the date of the 
prohibitory order, and the person to whom the prohi bitory order was directed shall 
pay or deliver the whole of the monies, securities or credits forfeited, to the order of 
the Government.  
(9) Where any person liable under this section to p ay or deliver any monies, 
securities or credits to the order of the Governmen t refuses or fails to. comply with 
any direction of the Government in this behalf, the  Government may recover from 
such person, as arrears of land revenue or as a fin e, the amount of such monies or 
credits or the market value of such securities.  
(10) In this section, 'security' includes a documen t whereby any person 
acknowledges that he is under a legal liability to pay money, or whereunder any 
person obtains a legal right to the payment of mone y; and the market value of any 
security means the value as fixed by any officer or  person deputed by the 
Government in this behalf.  
(11) Except so far as is necessary for the purposes  of any proceeding under this 
section, no information obtained in the course of a ny investigation made under sub-
section (6) shall be divulged by any officer of Government, without the consent of the 
Government.  
10. Jurisdiction barred.  - Every report of the taking possession of propert y and 
every declaration of forfeiture made, or purporting  to be made, under this Act shall, 
as against all persons, be conclusive proof that th e property specified therein has 
been taken possession of by Government or has been forfeited as the case may be, 
and save as provided in Sections 6 and 9 no proceed ing purporting to be taken 
under Section 5, 6, 7, 8 or 9 shall be called in qu estion by any Court, and no civil or 
criminal proceeding shall be instituted against any  person for anything in good faith 
done or intended to be done under the said sections  or against Government or any 
person acting on behalf of or by authority of Gover nment for any loss or damage 
caused to or in respect of any property whereof pos session has been taken by 
Government under this Act.  
11. Continuance of association.  - 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 c ombination for the purposes of 
such association continues between any members thereof.  
12. Repeal.  - On the commencement of this Act all Laws and Ord inances in force in 
the covenanting States relating to the Prohibition of Associations Dangerous to the 
Public Peace shall stand repealed :  
Provided that all orders given and actions taken un der the aforesaid Laws or 
Ordinances shall be deemed to have been given or ta ken, as the case may be, 
under this Act.  

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