(1) Whoever is a member of an unlawful 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, shall be punished 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 such 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.
     ¹[(3) An offence under sub-section (1) shall be cognizable by the police, and notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), shall be non-bailable.]
                                                    STATE AMENDMENTS
    Maharashtra.--
    Amendment of section 17 of Act XIV of 1908.--In section 17 of the principal Act, in sub-section (3), for the words and figures "Code of Criminal Procedure, 1898" the words and figures "Code of Criminal Procedure, 1973" shall be substituted.
[Vide Maharashtra Act XXXVIII of 1975, s. 4]
    Insertion of sections 17A to 17D in Act XIV of 1908.--After section 17 of the principal act, the following sections shall be inserted, namely:--
    "17A. Power to notify and take possession of places used for the purposes of an unlawful association.--(1) The State Government or in any area for which a Commissioner of Police is appointed the Commissioner of Police and else where the District Magistrate may, by notification in the Official Gazette, notify any place which in its or his opinion is used for the purposes of an unlawful association.
Explanation.--For the purposes of this section, ‘place’ includes a house of building, or part thereof, or a tent or vessel.
(2) When any place is notified under sub-section (1), the Commissioner of Police or the District Magistrate, or any officer authorised in this behalf in writing by the Commissioner of Police or District Magistrate, as the case may be, may take possession of the notified place and evict therefrom any person found therein, and shall forth with make a report of the taking possession to the State Government:
Provided that, where such place contains any apartment occupied by women or children reasonable time and facilities shall be afforded for their withdrawal with the least possible inconvenience.
    17B. Moveable property found in a notified place.--(1) The Commissioner of Police, District Magistrate or officer taking possession of a notified place shall also take possession of all moveable property found therein, and shall make a list thereof in the presence of two respectable witnesses.
(2) If, in the opinion of the Commissioner of Police or District Magistrate, as the case may be, 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 the Commissioner of Police or District Magistrate, as the case may be, considers to be entitled to possession thereof, if no such person is found, shall be disposed of in such manner as he may direct.
(4) The Commissioner of Police or District Magistrate, as the case may be, shall publish, as nearly as may be, in the manner provided in section 82 of the Code of Criminal Procedure, 1973, 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 Commission of Police of 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 in greater Bombay to the Chief Judge of the Small Cause and elsewhere to the District Judge, and no order of forfeiture shall be made until the Chief Judge of the Small Cause Court of District judge, as the may be, has adjudicated upon the representation. Where the decision is not confirmed, the articles shall be dealt 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 Civil Procedure, 1908 (V of 1908), for the investigation of claims so far as it can be made to apply, and the decision of the Chief Judge of the Small Court or District Judge, as the case may be, shall be final.
(8) If the article seized is livestock or is of a perishable nature, the Commissioner of Police of 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.
    17C.Trespass upon notified places.--Any person who enters or remains upon a notified place without the permission of the Commissioner of Police of District Magistrate or of an officer authorised in this behalf by the Commissioner of Police or District Magistrate, as the case may be, shall be deemed to commit trespass.
    17D. Relinquishment of property.--Before a notification under sub-section (1) of section 17A is cancelled, the State Government shall give such general or special direction as it may deem requisite regulating the relinquishment by Government of possession of notified places."
[Vide Maharashtra Act XXXVIII of 1975, s. 5]