Declaring an association as unlawful
If the Central Government believes that any association is, or has become, an unlawful association, it can declare the association as unlawful by publishing an official Gazette notification, usually with reasons for declaring the association as unlawful. The Government will also send the notification to the concerned association and publish it in at least one daily newspaper in the State where the association has its head office1.
|After putting out the notification:
Step 1: Sending the notification to the Tribunal
The Government should send the notification to the Unlawful Activities (Prevention) Tribunal within thirty days of its publication, to decide whether there is enough reason for declaring the association unlawful.
Step 2: Sending a notice to the association
The Tribunal will then send a written notice to the association, asking it to justify within thirty days why it should not be declared unlawful.
Step 3: Inquiry by Tribunal and Final Order
The Tribunal will inquire and decide whether there is enough reason for declaring the association unlawful. Within six months of the Gazette notification, the Tribunal will pass an order either confirming the Government’s declaration or cancelling it2. The order will be published in the official Gazette, and will be valid for five years unless the Government cancels it3.
- Section 3, Unlawful Activities (Prevention) Act, 1967.
- Section 4, Unlawful Activities (Prevention) Act, 1967.
- Section 6, Unlawful Activities (Prevention) Act, 1967.