Page:Acts of the Parliament of India 1967.pdf/244

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238
Unlawful Activities (Prevention)
[act 37

Provided that nothing, in this sub-section shall apply to any near relative of any person who was a resident in the notified place at the date of the notification.

(5) Where in pursuance of sub-section (4), any person is granted, permission to. enter, or to be on or in, the,notified place; that person shall, while acting under such permission, comply with such orders for regulating,his conduct as-may be given by the District Magistrate.

(6) Any police officer, not below the rank of a sub-inspector; or any other person authorised in this behalf by the Central Government may search. any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him:

Provided that no female shall be searched in pursuance of this sub-section except by a female.

(7) If any person is in the notified place in contravention of an order made under sub-section (4), then, without prejudice to any other proceedings which may. be taken against him, he may be removed therefrom by any officer or by any other person authorised in this behalf by the Central Government.

(8) Any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an order made under sub-section (3) or sub-section (4) may, within thirty days from the date of the notification or order, as the case may be, make an application to the Court of the District Judge within the local limits of whose jurisdiction such notified place is situate-

(a) for declaration that the place has not been used for the purpose of the unlawful association; or
(b) for setting aside the order made under sub-section (3) or sub-section (4),

and on receipt of the application the Court of the District Judge shall, after giving the parties an opportunity of being heard, decide the question.

Procedure to be followed in the disposal of applications under this Act. 9. Subject to any rules that may be made under this Act, the procedure to be followed by the Tribunal in holding any inquiry under sub-section (3) of section 4 or by a Court of the District Judge in disposing of any application under sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the procedure laid down in the Code of Civil Procedure, 19085 of 1908., for the investigation of claims and the decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.