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section 6

Procedure of Advisory Board

The Maharashtra Special Public Security Act, 2024
General202418 sections
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Statutory text
  1. (1) Where any organization has been declared as an unlawful organization by notification issued under section 3, the Government shall, within six weeks from the date of publication of such notification in the Official Gazette, make a reference to the Advisory Board for consideration and also provide a copy of the notification, supporting material and the representation submitted by the unlawful organization, if any.
  2. (2) The Advisory Board shall, after considering all the material placed before it and after calling for such further information, as it may consider necessary, from the Government or from any office bearer or members of the concerned organization, and after giving an opportunity of personal hearing to the authorized office bearer of the organization, submit its report to the Government within three months from the date of receipt of reference from the Government.
  3. (3) Where the organization seeks personal hearing, an intimation specifying the date and time of hearing shall be sent to the address mentioned in the representation of the organization.
  4. (4) The Advisory Board shall decide whether or not there is sufficient cause for declaring the organization to be an unlawful organization and make a report as it may deem fit either confirming the declaration made in the notification or cancelling the same.
  5. (5) The Advisory Board shall, for the purpose of exercising powers under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely :—
    • (a) the summoning and enforcing the attendance of any witness and examining him on oath ;
    • (b) the discovery and production of any document or other material object producible as evidence ;
    • (c) the reception of evidence on affidavits ;
    • (d) the requisitioning of any public record from any court or office ;
    • (e) the issuing of any commission for the examination of witnesses.

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