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Report No. 43

8.12. Section 3-basic provision for applicability of penal provisions.-

Under section 3, if the Central Government is of the opinion that any association is or has become an unlawful association, it may declare it to be an unlawful. It is only after such declaration that the operative provisions of the Act come into effect. The penal provisions in sections 10, 11, 12 and 13(2), and the prohibitory provisions in sections 7-8, are so framed as to apply only where the association has been declared to be unlawful. The penal provisions provide the following penalties:-

(i) penalty for being members of an unlawful association so declared (section 10); [Imprisonment upto 2 years, and fine.]

(ii) penalty for dealing with the funds of an unlawful association in violation of the prohibitory provisions; (section 11); [Imprisonment upto 3 years or fine or both; also additional fine to recover the amount of the funds etc., used in contravention.]

(iii) penalty for use of an article of an unlawful association, in violation of the prohibitory provisions; [section 12(1)]; [Imprisonment upto 1 year, and fine.]

(iv) ,penalty for entry into a notified place, i.e., a place notified as used for an unlawful association, entry into which has been prohibited section 12(2)]; [Imprisonment upto 1 year, and fine.]

(v) penalty for unlawful activity1; [section 13(1).]

(vi) penalty for assisting the activities of an unlawful association, after it has been declared to be unlawful; [section 13(2).] [Imprisonment upto 5 years or fine, or both.]

1. This offence can be committed by individual. It has been covered by the provisions relating to 'disruptive activity'.

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