Section 7:
Power to prohibit the use of funds 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 and the Central Government is satisfied, after such inquiry as it may think
it, that any person has custody of any moneys, securities or credits which are being used or are intended to
be used for the purpose of the unlawful association, the Central Government may, by order in writing,
prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever
with such moneys, securities or credits or with any other moneys, securities or credits which may come
into his custody after the making of the order, save in accordance with the written orders of the Central
Government and a copy of such order shall be served upon the person so prohibited in the manner
specified in sub-section (3).
(2) The Central Government may endorse a copy of the prohibitory order made under sub-section (1)
for investigation to any gazetted officer of the Government it may select, and such copy shall be a warrant
whereunder such officer may enter in or upon any premises of the person to whom the order is directed,
examine the books of such person, search for moneys, securities or credits, and make inquiries from such
person or any officer, agent or servant of such person, touching the origin of any dealings in any moneys,
securities or credits which the investigating officer may suspect are being used or are intended to be used
for the purpose of the unlawful association.
(3) A copy of an order made under this section shall be served in the manner provided in the 1[Code],
for the service of a summons, or where the person to be served is a corporation, company, bank or other
association, it shall be served on any secretary, director or other officer or person concerned with the
management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or
other association at its registered office, or where there is no registered office, at the place where it carries
on business.
(4) Any person aggrieved by a prohibitory order made under sub-section (1) may, within fifteen days
from the date of the service of such order, make an application to the Court of the District Judge within
the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally
works for gain, to establish that the moneys, securities or credits in respect of which the prohibitory order
has been made are not being used or are not intended to be used for the purpose of the unlawful
association and the Court of the District Judge shall decide the question.
(5) Except so far as is necessary for the purposes of any proceedings under this section, no
information obtained in the course of any investigation made under sub-section (2) shall be divulged by
any gazetted officer of the Government, without the consent of the Central Government.
(6) 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 the payment of money.
Notes:
1. Subs. by s. 3, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 21-9-2004).