What happens if an association is declared unlawful?

Last updated on Jun 15, 2022

Prohibiting funds:

If a person has any funds (cash or other resources) which are used for an unlawful association, the Government can pass a written order prohibiting the person from paying, delivering, transferring or dealing with them in any way. However, the Government allows such monetary dealings if they are done according to the conditions given in the  written order((  Section 7, Unlawful Activities (Prevention) Act, 1967.)).

 

Notifying places used for unlawful associations:

The Central Government can notify any place (house, building, boat etc.) that it thinks is used for an unlawful association, in the official Gazette. The District Magistrate can then:

  • Order that non-residents of the place cannot enter or be in it without the Magistrate’s permission.  If any person violates this, the Government can remove them from that place(( Section 8, Unlawful Activities (Prevention) Act, 1967.)).
  • Make a list of moveable objects found in the place (not including trivial things like beds, vessels, etc.) in the presence of two respectable witnesses. If the Magistrate thinks that such objects are for an unlawful association (such as account books of an unlawful association), they can prohibit any person from using the objects. The person can then use them only according to the Magistrate’s written orders.

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