The Chhattisgarh Vishesh Jan Suraksha Act, 2005

1. (1) This Act may be called the Chhattisgarh Vishesh Jan S4raksha Adhiniyam, 2005 (No. 14 of 2006). (2) It extend lo whole of Chhattisgarh. (3) It shall come into force from the date of its puhlication in the Official Gazette.

In this Al:t, unless the context otherwise, ~equires,- (a) "A~viscfry Board'' means the board constituted under sectio~ 5; (b) "Organization" means any combination, body or group of persons whether known by any distinctive name or not and whether registered under any relevant law or not and whether governed by any wr1uen constitution or not; (c) "Govcrntnenl'' means the State Govctnn1en1; (d) "Notificaiion" means notification published in the Chhatti~garh Gazette ~and the word 'notified' shall'hc construed aC:cordingly; (e) "Unlawful. Activity'' in relation to and itidividual or org.anizaticm means any action taken by such individual or organization whether by committing an act of hy words citq_er spoken or written or by signs or by visible representation or 'otherwise; (i) which constitute a danger or. nicnace to· public order, peace and iranquility; or (ii) which interferes or tends to interfere with maintenance of public order; or (iii) which interferes or tends to interfere with the administration of law or its established institutions and person.ncl; or (iv) which is designed to overawe by criminal force or show of criminal. force or dtherwise to any public servant including the fo~ce pf the State Government or the Central Government in the exercise of the lawful powers of such public servant. (v) of indulging in or propagating acts of violence,-terrorism, vandalism ot other acts generating fear and apprehension in the puhlicor indulging in or encouraging the use of firearms, explosives and other devices or disrupting communicatior1s by rail or road; or (vi) of encouraging or preaching disobedience to established law and its institutions; or (vii) of collecting money or gonds-forcihly to carry out any one or more of the unlawful activities mentio,ied above; (f) "Unlawful. Organization'' means any orgunizati"on .which .ind_ulges in or h~s ft)r its ob_je~t, abets or assits or gives aid, succor-or encouragement directly or i!'ldirc~tly, through any medium device or otherwise to any unlawful activity.

1. (1) If the State Government is of the opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful. (2) Every such notification shall specify the grounds on which it is issued and such other particulars as the State Government may think fit. (3) No such notification shall have effect until the tribunal has, by order made under Section 8, confirmed the declaration made therein and the order is published in the Official Gazette: Provided that if the State Government is of the opinion that circumstances exist which render it necessary for that Government to declare an association to be unlawful with immediate effect, it may, for reasons to be recorded in writing, direct that the notification shall, subject to any order that may be made under Section 8, have effect from the date of its publication in the Official Gazette. (4) The State Government shall, while notifying the notification under sub-section (1), also simultaneously publish such notification in all major newspapers having circulation in the territory of the State of Chhattisgarh. (5) On the issue of a notification under sub-section (1), the State Government may take such steps as it deems necessary to prevent the functioning of such an unlawful association, including prohibition of meetings, rallies or any other activities of such association.

.r:y f,ig~iiii,:.,iiv11 JL:dan;u lO be u;1iawful may.:il' il so chooses, send a repn:st•111ation to . the Government _within fifteen days from t~c <late of publication cifthc notilication or. the date of receipt or aflixture thereof, in the manner specified in Section 3, whichever is later and such representation shall be placed before the Advisory- Board for its consi-deration. The organization may if it so desires request for a personal hearing before the· Advisory Board.

1. (1) Whoever is and continues to be a member of an association declared unlawful under section 3, or takes part in meetings of any such association, or contributes to, 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 punishable with imprisonment for a term which may extend to three years, 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, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

1. (1) The Advisory Board shall after considering the ·material placed before it and after calling for f urthc~ information, if necessary from the GoYernment or from any office h~arer or i:nembcrs.of the organization concerned and after giving an opportunity of personal hearing to the authorized office hearer of the orga-ni1.ation, shall suh1nit its report to the Government-within three months from the date of reci.:iipt of reference from the Government. (2) Where the org~nization seeks personal hearing an 'intimation _specifying the dall: and ti.me of hearing shall be sent to the address indicated in the rcpr~scn-talion of the organization; The cpncerned organization shall not b~ entitled lo appear through a lawyer or any person other than an authorized office bearer . (3) The report of the Advisory Board shall specify in a scpar-atc pait thereof its opinion a,; to whether <)r not there was sufficient cause for the issuante of the notification in respect of ~he organization concerned.

1. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the issuance of the notification declaring the concerned organization as unlawful the Government may confirm the notification and continue the same for such period as it thinks ~l, subject to the provisions of_ suh-section ( 4) _of section J. (2) ln any case where the Advisory Board has reported that there is. in its opinion no suflicient ckuse for the issuance of a notification as aforesaid the Govern-ment shall revoke the notification forthwith.

1. (1) Whoever is a member of an unlawful organizati_on or takes part in meciings or activities o{:any such organi~ation or contributes or receives or solicits any contribution for the purpose of any suci1 nrgani7..ation shal.1 be punished with imprisonment for a term which may extend le three years and shall ah;o he liable to tine. (2) Whoever not being a member of an uillawfol organization in any manner contributes or rnceives or solicits any contribution or ~id for such organjzation or harbours.any mc·mbcr of such he punished with imprisonment for a tenn which '!lay el'ttcnd to t,vo years and shall also be liable to fine. (3) Whoever manages or a_ssists•in the management of an unlawful organization or promotes or assists in prJ'lmoting a 1neeiing of any suc_h organiztion or any member thereof, or in any way indulges in ·any unlawful activity of such orga-nization in any manner or through whatever medium or device .shall he punished with imprisonment for a term which may extend to three years- and !ihall also he liable to li1_1c. (4) No police ofliccr shall investigate ~ny crime under sub-section (I) and (2) of this section, until the Superintendent.of Police of the-District conl.-erncd ha::-c not grintcd him a dear pcrmissi•on thereof.

1. (1) Whoever commits or abets.or aucmpts fo· commit or plans to commit any unlawful activity in any specilied area shali be punished with imprisonment for a term which may extent lo seven years and also be liable lo fine. The District Magistrnll' may notify any pla\:c which in hi11 opinion is used for the activities or an' unlawful organization. Explanation:- For the purpm;c of this scclion, place includes a house or huildi~g ot. purl thereof or a ~nt- or a vessel. (2) When any place is notified under sub-section (I) the District Magistrale o~ any officer authorized in this hehalf in writing by him may take p,)ssessinn of the notified place and c.vict thcre-fro;n uny person found thcr~in, and the Dislri,:t ~1agistratc shall forthwith make a report of the taking of possl'ssi,m 10 the Government. Provided that where such· place·contain·s any _apartme11t occupied hy women or children, reasonable time and facili'tici. shall be provided for their withdrawal with least possible inconvenience. (3) A notified. placl.! whereof p·{)~session is taken under suh-section (2) shull re-main in the possL:·ssion of thl' Government as long as the noijfa:ation undn secti(m 3 in re~pcct t;f suL'h unlawful organization rl'main in.force or for su,·h . earlier period hs the (_iovemmen1_ decides.

1. (1) The District Magistrate or the officer authorized by him while taking possession of notified place shall also take possession of movable properly including money, securities or other assets found therein and shall make a list thereof in the presertee of two respectable witnesses.
2. (2) If in the opinion of the District Magistrate aiy article specified in the list is or may be used for or in aid of the purposes of the unlawful organization he may proceed, subject to the provisions hereinafter contained in this section; to order such articles to be forfeited to the Government.
3. (3) All other articles specified in the list shall be delivered to the person whom the District Magistrate considers to be entitled to possession thereof and if no such person is found entitled thereto, it shall be disposed of in such manner as he may direct.
4. (4) The District Magistrate shall publish a notice in two local newspapers one of which in is Hindi language and shall also affix a copy of such notice on the conspicuous part of the place where from such property was taken possession of specifying the articles which are proposed to be forfeited and calling upon any person claiming that any article is not liable for forfeiture to submit in writing within fifteen days from the date of publication of notice any representation he desires to make against forfeiture of the article.
5. (5) The District Magistrate shall examine the representation and pass such orders as he deems fit: If the decision is to forfeit the article he shall give reasons therefore.
6. (6) Against any order of forfeiture passed under sub-section (5) the person who made the representation may file an appeal to the Government within thirty days from the date of receipt of the order. The Government may pass such orders thereon as it deems fit after giving an opportunity to the appellant. Such order of the Government shall be final.
7. (7) The Government may, in its discretion at any time, suo-moto call for and examine the records of any order passed by the District Magistrate under sub-section (5) for the purpose of satisfying itself as to the legality, correctness or propriety thereof and pass any order with reference thereto as it may deem fit.
8. (8) If the article seized is livestock or is of a perishable 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 the other articles.

1. (1) Where the Government is satisfied, after such enquiry as it may think fit, that any moneys, securities or other assets are being used or intended to be used for the purpose of an unlawful organization the Government may, by order in writing, declare such moneys, securities or other assets to whomsoever they belong to be forfeited to Government.
2. (2) A copy of an order under sub-section (1) may be served on the person having custody of the moneys, securities or other assets and on the service of such copy such person shall pay or deliver the moneys, securities or other assets to the officer as specified in the order of the Government. Provided that in the case of moneys or securities a copy of the order may be endorsed for execution to such officers as the Government may select and such officer shall have power to enter upon and search for such moneys and securities in any premises where they may reasonably be suspected to be and to seize the same.
3. (3) Before an order of forfeiture is made under sub-section (1) the Government shall give a written notice to the person, if any in whose custody the moneys, securities or others assets are found of its intention to forfeit and such person may make a representation to the Government against the proposed order of forfeiture within fifteen days of the receipt of the notice. The Government shall after considering the representation, if any, received from the affected person pass such orders as it deems fit.
4. (4) Where the Government has reason to believe that any person has custody of any moneys, securities or other assets which are being used or are intended to be used for the purpose of an unlawful organization, the Government may, by order in writing, prohibit such person from paying, delivering, transferring or 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 upon the person to whom it is directed.
5. (5) The Government may endorce a copy of an order under sub-section (4) for investigation to any officer it may select, and such copy shall be deemed to be warrant where under such officer may enter upon any premises of the person to whom the order is directed, examine the books of such person or any officer, agent or servant or such person: search for moneys and securities and make inquiries from such person touching the origin of and dealings in any moneys, securities or other assets which the investigating officer may suspect are being used or are intended to be used for the purpose of an unlawful organization.
6. (6) A copy of an order under this section may be served in the manner provided in the Code of Criminal Procedure, 1973 (No. 2 of 1974) for the service of summons, or where the person to be served is a Corporation, Company, Bank or organization of persons, it may be served on any Secretary, Director or other officer or person concerned with the management thereof, or by leaving it with or sending it by post addressed to the Corporation, Company, Bank of Organization at its registered office, or where there is no registered office, at the place where it carries on business. Where the Government is satisfied that in the circumstances it is not reasonably practicable to follow such procedure, it may cause the order to be published in any local newspaper.
7. (7) Where an order of forfeiture is made under sub-section (1) in respect of any moneys, securities of other assets in respect of which a prohibitory order has been made under sub-section (4), such order of forfeiture shall have effect from the date of the prohibitory orders, and the person to whom the prohibitory order was directed shall pay or deliver the whole of the moneys, securities, or other assets forfeited, to the officer specified in the order of the Government.
8. (8) Where any person liable under this section to pay or deliver any moneys, securities or other assets upon the order of the Government refuses, or fails to comply with any direction of the Government in this behalf, the Government may recover form such person, as arrears of land revenue or as a fine, the amount of such moneys or other financial assets or the market value of such securities.
9. (9) In this section, security includes a document whereby any person acknowledges that he is under a legal liability to pay money, or where under any person obtains a legal right to the payment of money and the market value of any security means the value as fixed by any officer or person deputed by the Government in this behalf.
10. (10) Except so far as is necessary for the purpose of any proceeding under this section, no information obtained in the course of any investigation made under sub-section (5) shall be divulged by any officer of Government without the consent of the Government.

The Government may, in itc; discretion at any time, either suo-moto or on an application made by the person who made the representation, call for and examine the records of any .order passed by the District Magistrate under sub-section ( 11) for the purpose of satisfying itself as to the legality, correctness or propriety thereof and pass such orders in reference there t<> as it may ~eems fit: Provided that no order under sub-section shall be passed by the Government unless the party likely to be affected there by_ has had an opportunity of making a representation. (I) An application for revision shall he lie to the. High Court against any oi;der passed by the Government under sub-sectio~ (!)of section 7 as confirming the notification issued under sub-section (I.) of section 3 or against any order passed urider sub-section (4) of !-lection 3 extending the period of notification or against any order .of forfeiture under sub-section (I) of section I J questioning the -legality, c<;>~rectness or propriety thereof. A revision petition under this section shall be filed within a period of thirty days from the date of receipt of the order of the Government referred to in sub~ section ( I).

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer for anything which is in good faith done or intended to be done in pursuance of this Act.

Save as othe_rwise expressly provided in this Act and without prejudice to the jurisdic-tion and powers of th_e Supreme Court _and. High Court under the :Constilution of India, no proceedings taken under t~is Act by the Government or the District Magistrate OF any officer authorized in this behalf by the Government or by the District Magistrate shall be called in qustion in any court in any suit or proceeding or application ()f by way or"appeai'.or revision and no injunction shall be granied by any court ~r other authority in respect of· any action Jaken or to be taken in pursuance of any powers conferred by or under this Act.

No civil or·criminal proceeding. shall be instituted against any person for anyuiing. done in good-faith or inte_nded to be done under this Act-or against the. Government or any person ac.ting on behalf of or by the authority of the Government for any loss or damage caused to or in respect of any property, whereof possession has been tak~n by the Government under this Act.

1. (1) All offences under this Act" shall be cogniwble and non-bailable . (2) All offences under this Act shall be invecst_igated by the Police Officer nq_t below the rank of Inspector. (3) Offences under this Act c_ommitted or abetted or attempted or designed to. be committed shall only be registqred under the written pcnnission by the Superin-tendent of Police of that district. (4) No court shall take cognizance of any such 1>ffence execpl on the report of District Magistrate of that area or district.

An organization shall not be deemed to have ceased to exist by rc,Hons only of any formal a(,t of dissolution or chaitge of title by any oral or written declaration but shall be dee.med to exist so long as such organization or_any·member thereof i:» actually engag~d· in Of.continuing in any mann~r any unlawful .activity .

1. (1) The Government may, by notification make rules for carrying out all or .any of the purposes of this Act. (2) All rules made under this Act shalt be laid on the table-of the Legislative Assembly.