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Report No. 43

46. Reference to Tribunal.-

(1) Where any association has been declared a subversive association by a notification issued under sub-section (1) of section 45, the Central Government shall, within thirty days from the date of the publication of the notification under the said section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association as a subversive association.

(2) On receipt of a reference under sub-section (1), the Tribunal shall call upon the association affected, by notice in writing, to show cause, within thirty days from the date of such notice, why the association should not be declared a subversive association.

(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry, in the manner specified in section 51, and after calling for such further information as it may consider necessary from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be a subversive association and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 45, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.

(4) The order of the Tribunal made under sub-section (3) shall be published in the Official Gazette.



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