HC Deb 23 March 1936 vol 310 cc856-7
4 Mr. DAGGAR (for Mr. E. J. WILLIAMS)

asked the Under-Secretary of State for India (1) under what circumstances an order issued by a local government or official declaring an association to be an unlawful body is subject to review and revision;

(2) under what authority associations may be declared unlawful in India by an order of a local government or any official in its behalf; how many such orders have been issued on the basis of evidence supplied by informers; and whether those against whom such action is taken have the right or opportunity to appeal against such an order;

(3) under what authority the Government of India, local governments, district and minor officials have the power to declare associations unlawful, without reference to the courts, and without any judicial process or public inquiry; and whether, after an association is so declared, membership of it becomes an offence punishable with imprisonment?

Mr. BUTLER

The Government of India and local governments, but not officials of those Governments, have power to issue notifications declaring associations unlawful under the provisions of the Criminal Law Amendment Act, 1908, as amended by Act No. 23 of 1932. I have no information as to the origin of the evidence on which action has been taken in each particular case. There is no provision in the Act for appeals against such notifications, but the authorities concerned would no doubt be prepared to consider any representations made to them. Membership of an unlawful association is punishable with imprisonment up to six months.

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