section 3
Declaration of an organization as an unlawful organization
The Maharashtra Special Public Security Act, 2024General202418 sections
Statutory text
- (1) If the Government is of opinion that any organization is or has become an unlawful organization, it may, by notification in the Official Gazette, declare such an organization to be an unlawful organization.
- (2) Every such notification shall specify the grounds on which it is issued and such other particulars as the Government may consider necessary : Provided that, nothing in this sub-section shall require the Government to disclose any fact which it considers to be against the public interest.
- (3) No such notification shall have effect until the Advisory Board has, by report made under section 6, confirmed the declaration made in such notification : Provided that, if the State Government is of the opinion that circumstances exist which render it necessary for the Government to declare an organization to be an unlawful organization with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any report of the Advisory Board that may be made under section 6, have effect from the date of its publication in the Official Gazette.
- (4) Every such notification shall, in addition to its publication in the Official Gazette, be served where such an unlawful organization has a registered office, by sending the same through registered post or electronic means or by serving a copy to any office bearer in such registered office, but if in case any office bearer is not available or refuses to receive the same, the notification shall be affixed to some conspicuous part of the office of the organization; and where the organization does not have a registered office, the notification shall be published in any two daily newspapers having circulation in the State.
- (5) The notification issued under this section shall, if the declaration made therein is confirmed by the Advisory Board by the report made under section 6, remain in force for a period of one year from the date on which the notification becomes effective and may be extended for such further period not exceeding one year at a time, as may be deemed necessary after reviewing the position.
- (6) Notwithstanding anything contained in sub-section (1), the State Government may, either on its own motion or on an application of any aggrieved organization, at any time, revoke the notification issued under this section, whether or not the declaration made therein has been confirmed by the Advisory Board.
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