Page:Suppression of Communism Act 1950.pdf/11



after a prohibition referred to in section nine and in contravention thereof, convenes a gathering in any place, or presides at or addresses a gathering the assembly whereof in any place has been prohibited under section nine;

in contravention of a notice delivered or tendered to him in terms of section nine attends any gathering;

subject to the proviso to sub-section (1) of section ten, contravenes or fails to comply with any notice delivered or tendered to him in terms of sub-section (1) of section ten;

refuses or fails to answer to the best of his knowledge any question which an authorized officer or a liquidator has put to him in the exercise of his functions under this Act;

refuses or fails to comply to the best of his power with any requirement made by an authorized officer or liquidator under this Act;

hinders an authorized officer or a liquidator in the performance of his functions under this Act, or, without the consent of the liquidator of an unlawful organization, destroys, alters or removes any property or document held by that organization or held by any person for the benefit of that organization; or

contravenes the provisions of sub-section (4) of section seven,

shall be guilty of an offence, and liable—

in the case of an offence referred to in paragraph (a), (b), (c) or (d) to imprisonment for a period not exceeding ten years;

in the case of an offence referred to in paragraph (e), (f), (g), (h) or (i) to imprisonment for a period not exceeding three years; and

in the case of an offence referred to in paragraph (j), (k), (l) or (m) to a fine not exceeding two hundred pounds or to imprisonment for a period not exceeding one year, or to both such fine and imprisonment.

12. (1) If in any prosecution under this Act, or in any civil proceedings arising from the application of the provisions of this Act, in which it is alleged that any person is or was a member or active supporter of any organization, it is proved that he attended any meeting of that organization, or has publicly advocated, advised, defended or encouraged the promotion of its purposes, or has distributed any periodical or other publication or document issued by, on behalf or at the instance of that organization, he shall be presumed, until the contrary is proved, to be or to have been a member or active supporter, as the case may be, of that organization.

(2) A person shall in any prosecution for an offence under paragraph (g) of section eleven be deemed to have convened a gathering in any place if he—