Section 40: Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908)

40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908).− In the Criminal Law Amendment Act, 1908 (XIV of 1908), the following amendments shall be made, namely: - I. In section 15, in clause (2) in sub-clause (a) for the words “violence or intimidation” the words “terrorism, stirring up sectarianism, violence or intimidation which endanger or threaten public order” shall be substituted. II. For section 16, the following shall be substituted, namely: - “16. Declaration of an association to be unlawful. − (1) If either the Federal Government or the Provincial Government is of the opinion that an association is an unlawful association it may call upon the association to show cause within fourteen days why it should not be declared as unlawful association for the purpose of this Act. (2) If after hearing the association, the Federal Government or the Provincial Government is of the opinion that the association is an unlawfulassociation it may declare such association to be an unlawful association. (3) If the Federal Government or the Provincial Government is of the opinion that in the interest of the maintenance of public order or to prevent injury to the people it is just and necessary to take immediate action, it may, pending passing of order under sub-section (2), by an ad interim order, declare an association to be unlawful. (4) An association aggrieved by an order under sub-section (2) may file an appeal before a Board appointed by the Chief Justice of the High Court of the Province consisting of a chairman and two other person seach of whom is or has been a judge of a High Court. (5) The Board shall decide the appeal within thirty days and may pass such order as it may deem fit.” III. In section 17, — (i) in sub-section (1) for the words “six months” the words “five years” shall be substituted; and (ii) in sub-section (2) for the words “three years” the words “seven years” shall be substituted. IV. In sections 17A, 17D and 17E, for the words “Provincial Government” wherever occurring the words “Federal Government or the Provincial Government” shall be substituted.

Effective date: 1997-08-16

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